DISCLOSURE / FILE
Public Law 118-31, the National Defense Authorization Act for Fiscal Year 2024, signed December 22, 2023, contains Sections 1841-1843 establishing the Unidentified Anomalous Phenomena Records Collection at the National Archives.
National Defense Authorization Act FY2024, Sections 1841-1843: UAP Records Collection (Public Law 118-31), PLAW-118publ31.pdf, National Defense Authorization Act for Fiscal Year 2024 (full text)
Public Law 118-31, the National Defense Authorization Act for Fiscal Year 2024, signed December 22, 2023, contains Sections 1841-1843 establishing the Unidentified Anomalous Phenomena Records Collection at the National Archives.
This is the full text of Public Law 118-31, enacted by the 118th Congress on December 22, 2023, organized into seven divisions covering Department of Defense, military construction, Department of Energy national security, funding tables, State Department, and Intelligence authorizations for fiscal year 2024. Per the war.gov listing, Sections 1841-1843 within this Act establish the UAP Records Collection at NARA, require all federal agencies to identify, organize, and transmit UAP records within 180 days, and set a default public-disclosure window of 25 years from creation absent a Presidential override. The provided source extract covers only the front matter and table of contents (pages 1-8 of 974); the Sections 1841-1843 text itself sits later in Division A and is not included in the extract available here.
National Defense Authorization Act for Fiscal Year 2024p.2
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembledp.2
To authorize appropriations for fiscal year 2024 for military activities of the Depart- ment of Defense and 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.p.2
This Act may be cited as the ''National Defense Authorization Act for Fiscal Year 2024''.p.2
Extracted text · Page 1
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PUBLIC LAW 118–31—DEC. 22, 2023 NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2024 VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
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137 STAT. 136 PUBLIC LAW 118–31—DEC. 22, 2023 Public Law 118–31 118th Congress An Act To authorize appropriations for fiscal year 2024 for military activities of the Depart- ment of Defense and 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘National Defense Authorization Act for Fiscal Year 2024’’. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) DIVISIONS.—This Act is organized into seven divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—Other Matters. (6) Division F—Department of State Authorization Act of 2023. (7) Division G—Intelligence Authorization Act for Fiscal Year 2024. (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. Sec. 4. Budgetary effects of this Act. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Limitation on availability of funds pending assessment of Army Trackless Moving Target systems. Sec. 112. Strategy for Army tactical wheeled vehicle program. Sec. 113. Report on acquisition strategies for the logistics augmentation program of the Army. Subtitle C—Navy Programs Sec. 121. Modification of requirements for minimum number of carrier air wings of the Navy. National Defense Authorization Act for Fiscal Year 2024. Dec. 22, 2023 [H.R. 2670] VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
Concatenated page-by-page transcript. Born-digital pages came through pdf.js; scanned pages were transcribed by Claude vision OCR. Pages marked unreadable failed multiple OCR retries (heavy redaction, microfilm artifacts, or blank separators) and are kept in place for audit.
PUBLIC LAW 118–31—DEC. 22, 2023 NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2024 VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 136 PUBLIC LAW 118–31—DEC. 22, 2023 Public Law 118–31 118th Congress An Act To authorize appropriations for fiscal year 2024 for military activities of the Depart- ment of Defense and 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘National Defense Authorization Act for Fiscal Year 2024’’. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) DIVISIONS.—This Act is organized into seven divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—Other Matters. (6) Division F—Department of State Authorization Act of 2023. (7) Division G—Intelligence Authorization Act for Fiscal Year 2024. (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. Sec. 4. Budgetary effects of this Act. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Limitation on availability of funds pending assessment of Army Trackless Moving Target systems. Sec. 112. Strategy for Army tactical wheeled vehicle program. Sec. 113. Report on acquisition strategies for the logistics augmentation program of the Army. Subtitle C—Navy Programs Sec. 121. Modification of requirements for minimum number of carrier air wings of the Navy. National Defense Authorization Act for Fiscal Year 2024. Dec. 22, 2023 [H.R. 2670] VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
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137 STAT. 1108 PUBLIC LAW 118–31—DEC. 22, 2023 LEGISLATIVE HISTORY—H.R. 2670 (S. 2226): HOUSE REPORTS: Nos. 118–125 (Comm. on Armed Services) and 118–301 (Comm. of Conference). SENATE REPORTS: No. 118–58 (Comm. on Armed Services) accompanying S. 2226. CONGRESSIONAL RECORD, Vol. 169 (2023): July 12–14, considered and passed House. July 27, considered and passed Senate, amended. Dec. 7, 12, 13, Senate considered and agreed to conference report. Dec. 14, House agreed to conference report. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2023): Dec. 22, Presidential statement. Æ section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act. SEC. 7902. EXTENSION OF TITLE VII OF FISA. (a) IN GENERAL.—Section 403(b) of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 is amended— (1) in paragraph (1) (Public Law 110–261; 50 U.S.C. 1881 note), by striking ‘‘December 31, 2023’’ and inserting ‘‘April 19, 2024’’; and (2) in paragraph (2) (Public Law 110–261; 18 U.S.C. 2511 note), in the matter preceding subparagraph (A), by striking ‘‘December 31, 2023’’ and inserting ‘‘April 19, 2024’’. (b) CONFORMING AMENDMENT.—Section 404(b) of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 is amended in paragraph (1) in the paragraph heading, by striking ‘‘DECEMBER 31, 2023’’ and inserting ‘‘APRIL 19, 2024’’. Approved December 22, 2023. 50 USC 1801 note. VerDate Sep 11 2014 01:59 Feb 08, 2024 Jkt 049139 PO 00031 Frm 00974 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 137 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Multiyear procurement authority for Virginia class submarine program. Sec. 124. Procurement authority for Auxiliary Personnel Lighter program. Sec. 125. Limitation on reductions to V–22 aircraft nacelle improvement program. Sec. 126. Limitation on consideration of Government-operated dry docks in certain contract solicitations. Sec. 127. Annual reports on use of Government docks for ship repair and mainte- nance. Subtitle D—Air Force Programs Sec. 131. Limitation on retirement of F–15 aircraft and modification of related re- porting requirement. Sec. 132. Limitations and minimum inventory requirement relating to RQ–4 air- craft. Sec. 133. Temporary exception to minimum inventory requirement for fighter air- craft of the Air Force. Sec. 134. Modification of minimum inventory requirements for C–130 aircraft. Sec. 135. Modification of annual reports on T–7A Advanced Pilot Training System. Sec. 136. Modification to prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 137. Modification of minimum inventory requirements for A–10 aircraft. Sec. 138. Procurement authority for over-the-horizon radar systems. Sec. 139. Prohibition on availability of funds for retirement of KC–135 aircraft. Sec. 140. Prohibition on reduction of KC–135 aircraft in PMAI of the reserve com- ponents. Sec. 141. Limitation on issuance of acquisition strategy for the KC–135 recapital- ization program. Sec. 142. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft. Sec. 143. Prohibition on availability of funds for termination of production lines for the HH–60W aircraft. Sec. 144. Limitation on retirement of F–16C/D aircraft. Sec. 145. Limitation on procurement of KC–46A aircraft. Sec. 146. Limitation on actions relating to remote vision systems of KC–46A air- craft. Sec. 147. Limitation on retirement of T–1A training aircraft. Sec. 148. Plan for long-term Air Force fighter force structure. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 151. Annual report on force structure changes exhibit for the defense budget. Sec. 152. Multiyear procurement authority for domestically processed critical min- erals. Sec. 153. Prohibition on solicitation of proprietary armor for certain tactical vehi- cles. Sec. 154. Prohibition on availability of funds for procurement of certain batteries. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Annual report on unfunded priorities of the Under Secretary of Defense for Research and Engineering. Sec. 212. Delegation of responsibility for certain research programs. Sec. 213. Modification to personnel management authority to attract experts in science and engineering. Sec. 214. Clarifying role of partnership intermediaries to promote defense research and education. Sec. 215. Naval Air Warfare Rapid Capabilities Office. Sec. 216. Modification of support for research and development of bioindustrial manufacturing processes. Sec. 217. Modification to administration of the Advanced Sensors Application Pro- gram. Sec. 218. Matters pertaining to hypersonic capabilities and testing strategies. Sec. 219. Improvements to defense quantum information science and technology re- search and development program. Sec. 220. Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research. Sec. 221. Support for protection of sensitive research performed on behalf of the Department of Defense. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00003 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 138 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 222. Support to the Defence Innovation Accelerator for the North Atlantic. Sec. 223. Consortium on use of additive manufacturing for defense capability devel- opment. Sec. 224. Next Generation Air Dominance family of systems development program accountability matrices. Sec. 225. Continuous capability development and delivery program for F–35 air- craft. Sec. 226. F–35 propulsion and thermal management modernization program. Sec. 227. Establishment or expansion of University Affiliated Research Centers for critical materials. Sec. 228. Policies for management and certification of Link 16 military tactical data link network. Sec. 229. Rapid response to emergent technology advancements or threats. Sec. 230. Pilot program to commercialize prototypes of the Department of the Air Force. Sec. 231. Pilot program on near-term quantum computing applications. Sec. 232. Pilot program to facilitate access to advanced technology developed by small businesses for ground vehicle systems of the Army. Sec. 233. Limitation on availability of funds pending documentation on Future At- tack Reconnaissance Aircraft program. Subtitle C—Energetics and Other Munitions Matters Sec. 241. Joint Energetics Transition Office. Sec. 242. Consideration of lethality in the analysis of alternatives for munitions. Sec. 243. Pilot program on incorporation of the CL20 compound in certain weapon systems. Sec. 244. Limitation on sourcing chemical materials for munitions from certain countries. Sec. 245. Defense industrial base munition surge capacity critical reserve. Subtitle D—Plans, Reports, and Other Matters Sec. 251. Congressional notification of changes to Department of Defense policy on autonomy in weapon systems. Sec. 252. Audit to identify diversion of Department of Defense funding to China’s research labs. Sec. 253. Annual review of status of implementation plan for digital engineering ca- reer tracks. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Improvement and codification of Sentinel Landscapes Partnership pro- gram authority. Sec. 312. Modification of authority for environmental restoration projects at Na- tional Guard facilities. Sec. 313. Modification to technical assistance authority for environmental restora- tion activities. Sec. 314. Coordination on agreements to limit encroachments and other constraints on military training, testing, and operations. Sec. 315. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of waiver for systems not meeting fuel efficiency key performance parameter. Sec. 316. Modification to prototype and demonstration projects for energy resilience at certain military installations. Sec. 317. Authority to transfer certain funds as payment relating to Naval Air Sta- tion, Moffett Field, California. Sec. 318. Prohibition on required disclosure by Department of Defense contractors of information relating to greenhouse gas emissions. Sec. 319. Required infrastructure plan prior to deployment of certain non-tactical vehicles at military installations. Sec. 320. Prohibition and report requirement relating to certain energy programs of Department of Defense. Sec. 321. Report on schedule and cost estimates for completion of testing and reme- diation of contaminated sites; publication of cleanup information. Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 331. Modification of timing of report on activities of PFAS Task Force. Sec. 332. Budget justification document for funding relating to perfluoroalkyl sub- stances and polyfluoroalkyl substances. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00004 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 139 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 333. Increase of transfer authority for funding of study and assessment on health implications of perfluoroalkyl substances and polyfluoroalkyl sub- stances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 334. Prizes for development of technology for thermal destruction of perfluoroalkyl substances or polyfluoroalkyl substances. Sec. 335. Treatment of certain materials contaminated with perfluoroalkyl sub- stances or polyfluoroalkyl substances. Sec. 336. Government Accountability Office reports on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Subtitle D—Logistics and Sustainment Sec. 341. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities. Sec. 342. Repeal of Comptroller General review requirement relating to core logis- tics capabilities. Sec. 343. Modifications to Contested Logistics Working Group of Department of De- fense. Sec. 344. Matters relating to briefings on Shipyard Infrastructure Optimization Program of the Navy. Sec. 345. Foreign military sales exclusion in calculation for certain workload carry- over of Department of the Army. Sec. 346. Pilot program on optimization of aerial refueling and fuel management in contested logistics environments through use of artificial intelligence. Sec. 347. Limitation on availability of funds to expand leased facilities for Joint Military Information Support Operations Web Operations Center. Sec. 348. Limitation on availability of funds pending submission of certain 30-year shipbuilding plan by the Secretary of the Navy. Sec. 349. Plan regarding condition and maintenance of prepositioned stockpiles of the Army. Sec. 350. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization. Sec. 351. Assessment and strategy relating to hardening of certain military instal- lations against attack by Iran and Iranian-associated groups. Sec. 352. Semiannual briefings on operational status of amphibious warship fleet. Subtitle E—Other Matters Sec. 361. Review of notice of presumed risk issued by Military Aviation and Instal- lation Assurance Clearinghouse. Sec. 362. Modifications to military aviation and installation assurance clearing- house for review of mission obstructions. Sec. 363. Modification to Joint Safety Council. Sec. 364. Designation of official responsible for coordination of renegotiation of cer- tain land leases owned by Department of Defense in Hawaii. Sec. 365. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School. Sec. 366. Establishment of Caisson Platoon and support for military and State fu- neral services at Arlington National Cemetery. Sec. 367. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. End strength level matters. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Policy Sec. 501. Authorized strength: general and flag officers on active duty. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00005 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 140 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 502. Extension of active duty term for Attending Physician at United States Capitol. Sec. 503. Updating authority to authorize promotion transfers between components of the same Armed Force or a different Armed Force. Sec. 504. Flexibility in determining terms of appointment for certain senior officer positions. Sec. 505. Realignment of Navy spot-promotion quotas. Sec. 506. Authority to increase the number of medical and dental officers rec- ommended for promotion to certain grades. Sec. 507. Prohibition on appointment or nomination of certain officers who are sub- ject to special selection review boards. Sec. 508. Effect of failure of selection for promotion. Sec. 509. Improvements relating to service obligation for Marine Corps cyberspace operations officers. Sec. 509A. Time in grade requirements. Sec. 509B. Establishment of Legislative Liaison of the Space Force. Sec. 509C. Extension of authority to vary number of Space Force officers considered for promotion to major general. Sec. 509D. Briefing on number of general officers of the Space Force on active duty. Subtitle B—Reserve Component Management Sec. 511. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee. Sec. 512. Grade of Vice Chief of the National Guard Bureau. Sec. 513. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands. Sec. 514. Alternative promotion authority for reserve officers in designated com- petitive categories. Sec. 515. Authorization for FireGuard Program. Sec. 516. Designation of at least one general officer of the Marine Corps Reserve as a joint qualified officer. Subtitle C—General Service Authorities and Prohibitions Sec. 521. Permanent authority to order retired members to active duty in high-de- mand, low-density appointments. Sec. 522. Prohibition on policy of the Department of Defense regarding identifica- tion of gender or personal pronouns in official correspondence. Sec. 523. Prohibition on former members of the Armed Forces accepting post-serv- ice employment with certain foreign governments. Sec. 524. Verification of the financial independence of financial services counselors in the Department of Defense. Sec. 525. Modification of requirements for approval of foreign employment by re- tired and reserve members of uniformed services. Sec. 526. Consideration of reinstatement of a member of the Armed Forces involun- tarily separated on the basis of refusal to receive a vaccination against COVID-19. Sec. 527. Reviews of characterization of administrative discharges of certain mem- bers on the basis of failure to receive COVID-19 vaccine. Sec. 528. Certain members discharged or dismissed on the sole basis of failure to obey a lawful order to receive a vaccine for COVID-19: communication strategy regarding reinstatement process. Sec. 529. Continuing military service for certain members eligible for chapter 61 re- tirement. Sec. 529A. Threat-based security services and equipment for certain former or re- tired Department of Defense personnel. Sec. 529B. Limitation on establishment of new diversity, equity, and inclusion posi- tions; hiring freeze. Sec. 529C. Requirement to base military accessions and promotions on merit and performance. Subtitle D—Military Justice and Other Legal Matters Sec. 531. Technical and conforming amendments to the Uniform Code of Military Justice. Sec. 532. Establishment of staggered terms for members of the Military Justice Re- view Panel. Sec. 533. Supreme Court review of certain actions of the United States Court of Ap- peals for the Armed Forces. Sec. 534. Additional requirements for initiative to enhance the capability of mili- tary criminal investigative organizations to prevent and combat child sexual exploitation. Sec. 535. Limitation on availability of funds for relocation of Army CID special agent training course. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00006 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 141 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 536. Study on requirement for unanimous votes for findings in general and special courts-martial and related milestones for implementation. Sec. 537. Study on removal of Sexual Assault Victim Advocates from the chain of command of victims. Subtitle E—Accession Standards and Recruitment Sec. 541. Increased access to potential recruits at secondary schools. Sec. 542. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level. Sec. 543. Increased access to potential recruits at institutions of higher education. Sec. 544. Increase in accession bonus for nurse officer candidates. Sec. 545. Improvements to medical standards for accession to certain Armed Forces. Sec. 546. Future servicemember preparatory course. Sec. 547. Pilot program on cardiac screenings for military accessions. Sec. 548. Community college Enlisted Training Corps demonstration program. Sec. 549. Annual briefings on military recruitment practices in public secondary schools and community colleges. Subtitle F—Junior Reserve Officers’ Training Corps Sec. 551. Expansion of Junior Reserve Officers’ Training Corps. Sec. 552. Requirement for memoranda of understanding addressing certain matters pertaining to units of the Junior Reserve Officers’ Training Corps. Sec. 553. Junior Reserve Officers’ Training Corps administrator and instructor compensation. Sec. 554. Prohibition of establishment or maintenance of a unit of the Junior Re- serve Officers’ Training Corps at an educational institution owned, oper- ated, or controlled by the Chinese Communist Party. Sec. 555. Enforcement of program requirements for the Junior Reserve Officers’ Training Corps. Sec. 556. Annual report on allegations of sexual misconduct in Junior Reserve Offi- cers’ Training Corps programs. Subtitle G—Member Education Sec. 561. Service Academies: numbers of nominations by Members of Congress and appointments by the Secretaries of the military departments. Sec. 562. Increase in the number of nominees from Guam to the Service Academies. Sec. 563. Consideration of standardized test scores in military service academy ap- plication process. Sec. 564. Service Academy professional sports pathway report and legislative pro- posal required. Sec. 565. Briefing on inclusion of advanced research programs at certain institu- tions of professional military education. Subtitle H—Member Training and Transition Sec. 571. Amendments to pathways for counseling in the Transition Assistance Pro- gram. Sec. 572. Skillbridge: staffing; budgeting; outreach; report. Sec. 573. Extension of Troops-to-Teachers program to the Job Corps. Sec. 574. Troops-to-Teachers Program: expansion; extension. Sec. 575. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense. Sec. 576. Prohibition on use of Federal funds to endorse critical race theory. Sec. 577. Increased fitness standards for Army close combat force military occupa- tional specialties. Sec. 578. Publication of training materials of the Defense Equal Opportunity Man- agement Institute. Sec. 579. Prohibition on Federal funds for the Department of Defense Countering Extremism Work Group. Subtitle I—Family Programs, Child Care, and Dependent Education Sec. 581. Non-medical counseling services for military families. Sec. 582. Increase in the target funding level for military child care. Sec. 583. Modifications to assistance to local educational agencies that benefit de- pendents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations. Sec. 584. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 585. Outreach campaign relating to waiting lists for military child develop- ment centers; annual briefing. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00007 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 142 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 586. Briefings on pilot program on hiring of special needs inclusion coordina- tors for Department of Defense child development centers. Sec. 587. Briefings on implementation of universal pre-kindergarten programs in schools operated by the Department of Defense Education Activity. Sec. 588. Report on mental health and wellness support for students enrolled in schools operated by the Department of Defense Education Activity. Sec. 589. Rights of parents of children attending schools operated by the Depart- ment of Defense Education Activity. Subtitle J—Decorations and Awards and Other Personnel Matters, Reports, and Briefings Sec. 591. Armed Forces workplace surveys. Sec. 592. Due date for report on efforts to prevent and respond to deaths by suicide in the Navy. Sec. 593. Extension of deadline for review of World War I valor medals. Sec. 594. Digital ambassador program of the Navy: cessation; report; restart. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Basic Pay, Retired Pay, and Leave Sec. 601. Parental leave parity for members of certain reserve components of the Armed Forces. Sec. 602. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation. Sec. 603. Expansion of authority to pay a member of the Armed Forces who is ab- sent without leave or over leave for such absence. Subtitle B—Bonus and Incentive Pays Sec. 611. Expansion of continuation pay eligibility. Sec. 612. Modification of special and incentive pay authorities for members of re- serve components. Sec. 613. One-year extension of certain expiring bonus and special pay authorities. Sec. 614. Authorization of monthly bonus pay for a junior member of the uniformed services during calendar year 2024. Sec. 615. Determination of cold weather location for purposes of special duty pay. Sec. 616. Feasibility study regarding assignment incentive pay for members of the Air Force assigned to remotely piloted aircraft. Subtitle C—Allowances Sec. 621. Modification of calculation of gross household income for basic needs al- lowance to address areas of demonstrated need. Sec. 622. Improved calculation of basic allowance for housing for junior enlisted members. Sec. 623. Basic allowance for housing for members assigned to vessels undergoing maintenance. Sec. 624. Dual basic allowance for housing for training. Sec. 625. Cost-of-living allowance in the continental United States: high cost areas. Sec. 626. Family separation allowance: increase; review. Sec. 627. OCONUS cost-of-living allowance: adjustments. Sec. 628. Extension of one-time uniform allowance for officers who transfer to the Space Force. Subtitle D—Family and Survivor Benefits Sec. 631. Modifications to transitional compensation for dependents of members separated for dependent abuse. Sec. 632. Lodging expenses for dependents of members separated for dependent abuse. Sec. 633. Access to commissary and exchange privileges for remarried surviving spouses. Sec. 634. Assistance for military spouses to obtain certifications as doulas and International Board Certified Lactation Consultants. Sec. 635. Expansion of qualifying events for which a member of the uniformed serv- ices may be reimbursed for spousal relicensing or business costs due to the member’s relocation. TITLE VII—HEALTH CARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Waiver of cost-sharing for three mental health outpatient visits for cer- tain beneficiaries under the TRICARE program. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00008 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 143 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 702. Extension of period of eligibility for health benefits under TRICARE Re- serve Select for survivors of a member of the Selected Reserve. Sec. 703. Expansion of eligibility for hearing aids to include children of certain re- tired members of the uniformed services. Sec. 704. Authority to provide dental care for dependents located at certain remote or isolated locations. Sec. 705. Clarification of applicability of required mental health self-initiated refer- ral process for members of the Selected Reserve. Sec. 706. Naloxone and fentanyl: regulations; briefing. Sec. 707. Authority to expand the TRICARE Competitive Plans Demonstration Project. Subtitle B—Health Care Administration Sec. 711. Modification of requirement to transfer research and development and public health functions to the Defense Health Agency. Sec. 712. Increase in stipend for participants in health professions scholarship and financial assistance programs. Sec. 713. Modification of administration of medical malpractice claims by members of the uniformed services. Sec. 714. Networks of the Defense Health Agency: delayed implementation; GAO study. Sec. 715. Real-time data sharing agreement regarding medical care provided to members of the Coast Guard. Sec. 716. Establishment of military pharmaceutical and medical device vulner- ability working group. Subtitle C—Studies, Briefings, Reports, and Other Matters Sec. 721. Modification of partnership program for military trauma care and re- search. Sec. 722. Study on opioid alternatives. Sec. 723. Program of the Department of Defense to study treatment of certain con- ditions using certain psychedelic substances. Sec. 724. Annual report regarding overdoses by certain members of the Armed Forces. Sec. 725. Study and report on health conditions of members of the Armed Forces on active duty developed after administration of COVID–19 vaccine. Sec. 726. GAO study on health care available to certain individuals supporting the missions of United States Forces Japan and Joint Region Marianas. TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A—Acquisition Policy and Management Sec. 801. Commercial nature determination memo available to contractor. Sec. 802. Modification of truthful cost or pricing data submissions and report. Sec. 803. Prohibition on the transfer of certain data on employees of the Depart- ment of Defense to third parties. Sec. 804. Prohibition on contracting with persons that have fossil fuel operations with the Government of the Russian Federation or the Russian energy sector. Sec. 805. Prohibition of the Department of Defense procurement related to entities identified as Chinese military companies operating in the United States. Sec. 806. Principal Technology Transition Advisor. Sec. 807. Senior contracting official for Strategic Capabilities Office. Sec. 808. Pilot program for the use of innovative intellectual property strategies. Sec. 809. Pilot program for anything-as-a-service. Sec. 810. Updated guidance on planning for exportability features for future pro- grams. Sec. 811. Modernizing the Department of Defense requirements process. Sec. 812. Preventing conflicts of interest for entities that provide certain consulting services to the Department of Defense. Sec. 813. Focused commercial solutions openings opportunities. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 820. Amendments to multiyear procurement authority. Sec. 821. Modification of approval authority for certain follow-on production con- tracts or transactions. Sec. 822. Clarification of other transaction authority for installation or facility prototyping. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00009 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 144 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 823. Extension and revisions to never contract with the enemy. Sec. 824. Modification and extension of temporary authority to modify certain con- tracts and options based on the impacts of inflation. Sec. 825. Countering adversary logistics information technologies. Sec. 826. Modification of contracts and options to provide economic price adjust- ments. Sec. 827. Modifications to earned value management system requirements. Subtitle C—Domestic Sourcing Requirements Sec. 831. Emergency acquisition authority for purposes of replenishing United States stockpiles. Sec. 832. Requirement for full domestic production of flags of the United States ac- quired by the Department of Defense. Sec. 833. Amendment to requirement to buy certain metals from American sources. Sec. 834. Acquisition of sensitive material prohibition exception amendment. Sec. 835. Enhanced domestic content requirement for major defense acquisition programs. Subtitle D—Provisions Relating to Programs for Accelerating Acquisition Sec. 841. Pilot program to accelerate contracting and pricing processes. Sec. 842. Demonstration and prototyping program to advance international product support capabilities in a contested logistics environment. Sec. 843. Special authority for rapid contracting for commanders of combatant com- mands. Subtitle E—Industrial Base Matters Sec. 851. Additional national security objectives for the national technology and in- dustrial base. Sec. 852. Department of Defense Mentor-Protege Program. Sec. 853. Modifications to the Procurement Technical Assistance Program. Sec. 854. Modification of effective date for expansion on the prohibition on acquir- ing certain metal products. Sec. 855. Extension of pilot program for distribution support and services for weap- ons systems contractors. Sec. 856. Pilot program to analyze and monitor certain supply chains. Sec. 857. Department of Defense notification of certain transactions. Subtitle F—Small Business Matters Sec. 860. Amendments to defense research and development rapid innovation pro- gram. Sec. 861. Annual reports regarding the SBIR program of the Department of De- fense. Sec. 862. Payment of subcontractors. Sec. 863. Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled vet- erans. Sec. 864. Eliminating self-certification for service-disabled veteran-owned small businesses. Sec. 865. Consideration of the past performance of affiliate companies of small business concerns. Subtitle G—Other Matters Sec. 871. Extension of mission management pilot program. Sec. 872. Extension of pilot program to incentivize contracting with employee- owned businesses. Sec. 873. Program and processes relating to foreign acquisition. Sec. 874. Pilot program to incentivize progress payments. Sec. 875. Study on reducing barriers to acquisition of commercial products and services. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Conforming amendments to carry out elimination of position of Chief Management Officer. Sec. 902. Modification of responsibilities of Director of Cost Assessment and Pro- gram Evaluation. Sec. 903. Establishment of Office of Strategic Capital. Sec. 904. Establishment and assignment of roles and responsibilities for combined joint all-domain command and control in support of integrated joint warfighting. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00010 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 145 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Subtitle B—Other Department of Defense Organization and Management Matters Sec. 911. Additional requirements under general policy for total force management. Sec. 912. Addition of College of International Security Affairs to National Defense University. Sec. 913. Codification of the Defense Innovation Unit. Sec. 914. Repeal of authority to appoint a Naval Research Advisory Committee. Sec. 915. Eligibility of members of Space Force for instruction at the Naval Post- graduate School. Sec. 916. Membership of the Air Force Reserve Forces Policy Committee. Sec. 917. Modification of cross-functional team to address emerging threat relating to anomalous health incidents. Sec. 918. Technology release and foreign disclosure reform initiative. Sec. 919. Software-based capability to facilitate scheduling between the Depart- ment of Defense and Congress. Sec. 920. Metrics to operationalize audit readiness. Sec. 921. Next generation business health metrics. Sec. 922. Independent assessment of defense business enterprise architecture. Sec. 923. Future force design of the Department of the Air Force. Sec. 924. Feasibility study on the consolidation or transfer of space functions of the National Guard to the Space Force. TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Annual report on budget prioritization by Secretary of Defense and mili- tary departments. Sec. 1003. Additional reporting requirements related to unfunded priorities of armed forces and combatant commands. Sec. 1004. Audit requirement for Department of Defense components. Sec. 1005. Requirement for unqualified opinion on Department of Defense financial statements. Subtitle B—Counterdrug Activities Sec. 1010. Enhanced support for counterdrug activities and activities to counter transnational organized crime. Sec. 1011. Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects. Sec. 1012. Drug interdiction and counter-drug activities. Sec. 1013. Disruption of fentanyl trafficking. Subtitle C—Naval Vessels and Shipyards Sec. 1015. Modifications to annual naval vessel construction plan. Sec. 1016. Critical components of national sea-based deterrence vessels. Sec. 1017. Grants for improvement of Navy ship repair or alterations capability. Sec. 1018. Repeal of obsolete provision of law regarding vessel nomenclature. Sec. 1019. Responsibility of Commandant of the Marine Corps with respect to naval battle force ship assessment and requirement reporting. Sec. 1020. Policy of the United States on shipbuilding defense industrial base. Sec. 1021. Prohibition on retirement of certain naval vessels. Sec. 1022. Authority to use incremental funding to enter into a contract for the ad- vance procurement and construction of a San Antonio-class amphibious ship. Sec. 1023. Authority to use incremental funding to enter into a contract for the ad- vance procurement and construction of a submarine tender. Sec. 1024. Biannual briefings on submarine readiness. Subtitle D—Counterterrorism Sec. 1031. Extension of prohibition on use of funds for transfer or release of indi- viduals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1032. 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. 1033. Extension of prohibition on use of funds for transfer or release of indi- viduals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00011 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 146 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Limitation on availability of certain funds until submission of Chair- man’s Risk Assessment; briefing requirement. Sec. 1042. Assistance in support of Department of Defense accounting for missing United States Government personnel. Sec. 1043. Implementation of arrangements to build transparency, confidence, and security. Sec. 1044. Modification to definitions of Confucius Institute. Sec. 1045. Termination of authority to issue waiver of limitation on use of funds to institutions of higher education hosting Confucius Institutes. Sec. 1046. Vetting procedures and monitoring requirements for allies and partners participating in education or training activities in the United States. Sec. 1047. Authority to include funding requests for the chemical and biological de- fense program in budget accounts of military departments. Sec. 1048. Limitation on availability of funds until delivery of report on next gen- eration tactical communications. Sec. 1049. Establishment of procedure of the Department of Defense to determine certain complaints or requests regarding public displays or public ex- pressions of religion on property of the Department. Sec. 1050. Limitation on availability of funds for destruction of landmines. Sec. 1051. Limitation on availability of funds for travel expenses of Office of the Secretary of Defense until submission of certain plans. Sec. 1052. Prohibition on display of unapproved flags. Sec. 1053. Collaboration with partner countries to develop and maintain military- wide transformational strategies for operational energy. Sec. 1054. Student loan deferment for dislocated military spouses. Subtitle F—Studies and Reports Sec. 1061. Modifications of reporting requirements. Sec. 1062. Extension of requirement to submit a report on Department of Defense support for Department of Homeland Security at the international bor- ders of the United States. Sec. 1063. Briefing on Defense POW/MIA Accounting Agency capabilities required to expand accounting for persons missing from designated past conflicts. Sec. 1064. Air Force plan for maintaining proficient aircrews in certain mission areas. Sec. 1065. Independent study on naval mine warfare. Sec. 1066. Annual report and briefing on implementation of Force Design 2030. Sec. 1067. Study and report on potential inclusion of black box data recorders in tactical vehicles. Sec. 1068. Plan on countering human trafficking. Sec. 1069. Update to strategic plan on Department of Defense combating trafficking in persons program. Sec. 1070. Report on use of tactical fighter aircraft for deployments and homeland defense missions. Sec. 1071. Report on equipping certain ground combat units with small unmanned aerial systems. Sec. 1072. Biannual briefings on homeland defense planning. Sec. 1073. Report on effectiveness of current use of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1074. Holistic training range assessment. Sec. 1075. Special operations force structure. Sec. 1076. Comprehensive assessment of Marine Corps Force Design 2030. Sec. 1077. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel on Guam. Sec. 1078. Feasibility study on conversion of Joint Task Force North into Joint Interagency Task Force North. Subtitle G—Other Matters Sec. 1080. Modification of definition of domestic source for title III of the Defense Production Act of 1950. Sec. 1081. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes. Sec. 1082. Modification of compensation for members of the Afghanistan War Com- mission. Sec. 1083. Senate National Security Working Group. Sec. 1084. Tribal liaisons at military installations. Sec. 1085. Commercial integration cell plan within certain combatant commands. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00012 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 147 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1086. Guidance for use of unmanned aircraft systems by National Guard. Sec. 1087. Public disclosure of Afghanistan war records. Sec. 1088. Implementation plan for Joint Concept for Competing. Sec. 1089. Notification of safety and security concerns at certain Department of De- fense laboratories. Sec. 1090. Conduct of weather reconnaissance in the United States. Sec. 1091. Sense of Congress regarding authority of Secretary of Defense with re- spect to irregular warfare. Sec. 1092. Red Hill health impacts. TITLE XI—CIVILIAN PERSONNEL Sec. 1101. Diversity, equity, and inclusion personnel grade cap. Sec. 1102. Authorization to pay a living quarters allowance for Department of the Navy civilian employees assigned to permanent duty in Guam for per- forming work, or supporting work being performed, aboard or dockside, of U.S. naval vessels. Sec. 1103. Consolidation of direct hire authorities for candidates with specified de- grees at science and technology reinvention laboratories. Sec. 1104. Direct hire authority for certain personnel of the Department of Defense. 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. Extension of authority to grant competitive status to employees of in- spectors general for overseas contingency operations. Sec. 1107. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base. Sec. 1108. Exclusion of nonappropriated fund employees from limitations on dual pay. Sec. 1109. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1110. Modification to shore leave accrual for crews of vessels to support crew rotations and improve retention of civilian mariners. Sec. 1111. Assessments of staffing in Office of the Under Secretary of Defense for Personnel and Readiness. Sec. 1112. Military Spouse Employment Act. Sec. 1113. Amendments to the John S. McCain Strategic Defense Fellows Program. Sec. 1114. Including military service in determining family and medical leave eligi- bility for Federal employees. Sec. 1115. Exception to limitation on number of Senior Executive Service positions for the Department of Defense. Sec. 1116. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates. Sec. 1117. Authority to employ civilian faculty members at Space Force schools. Sec. 1118. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Man- agement. Sec. 1119. Expansion of noncompetitive appointment eligibility to spouses of De- partment of Defense civilians. Sec. 1120. Elimination of Government Accountability Office review requirement re- lating to Department of Defense personnel authorities. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training Sec. 1201. Modification of support of special operations for irregular warfare. Sec. 1202. Modification of combatant commander initiative fund. Sec. 1203. Increase in small-scale construction limit and modification of authority to build capacity. Sec. 1204. Modifications to security cooperation workforce development program and establishment of defense security cooperation university. Sec. 1205. Extension and modification of authority for reimbursement of certain co- alition nations for support provided to United States military oper- ations. Sec. 1206. Extension of cross-servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations. Sec. 1207. Modification of authority to provide support to certain governments for border security operations. Sec. 1208. Extension of legal institutional capacity building initiative for foreign de- fense institutions. Sec. 1209. Report on ex gratia payments. Sec. 1210. Authority to provide mission training through distributed simulation. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00013 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 148 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1211. Requirement for military exercises. Subtitle B—Matters Relating to Other Authorities of the Department of Defense Sec. 1221. Modification of authority for expenditure of funds for clandestine activi- ties that support operational preparation of the environment and non- conventional assisted recovery capabilities. Sec. 1222. Modification to the American, British, Canadian, and Australian armies’ program. Sec. 1223. First modification of initiative to support protection of national security academic researchers from undue influence and other security threats. Sec. 1224. Second modification of initiative to support protection of national secu- rity academic researchers from undue influence and other security threats. Sec. 1225. Extension of authority for Department of Defense support for stabiliza- tion activities in national security interest of the United States. Sec. 1226. Modification of Defense Operational Resilience International Coopera- tion Pilot Program. Sec. 1227. Extension of prohibition on in-flight refueling to non-United States air- craft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1228. Limitation on availability of funds for International Security Coopera- tion Program. Sec. 1229. Protection and legal preparedness for members of the Armed Forces abroad. Sec. 1230. Report on hostilities involving United States Armed Forces. Sec. 1231. Congressional notification regarding the Global Engagement Center. Subtitle C—Matters Relating to Ukraine, Russia, and NATO Sec. 1241. Extension of Ukraine Security Assistance Initiative. Sec. 1242. Extension and modification of certain temporary authorizations related to munitions replacement. Sec. 1243. Report relating to allied and partner support to Ukraine. Sec. 1244. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine. Sec. 1245. Study and report on lessons learned regarding information operations and deterrence. Sec. 1246. Prohibition on New START treaty information sharing. Sec. 1247. Black Sea security and development strategy. Sec. 1248. Revival of authority for participation of NATO naval personnel in sub- marine safety programs. Sec. 1249. Extension and modification of training for Eastern European national security forces in the course of multilateral exercises. Sec. 1250. U.S. basing, training, and exercises in North Atlantic Treaty Organiza- tion member countries. Sec. 1250A. Limitation on withdrawal from the North Atlantic Treaty Organiza- tion. Sec. 1250B. Oversight of programs and operations funded with amounts appro- priated by the United States for Ukraine. Subtitle D—Matters Relating to Israel Sec. 1251. Euro-NATO Joint Jet Pilot Training Program. Sec. 1252. Extension of United States-Israel anti-tunnel cooperation. Sec. 1253. Improvements relating to United States-Israel cooperation to counter unmanned aerial systems. Sec. 1254. Modification of authority for cooperation on directed energy capabilities. Sec. 1255. Ensuring peace through strength in Israel. Sec. 1256. Assistance to Israel for aerial refueling. Sec. 1257. Rules governing transfer of aerial refueling tankers to Israel. Sec. 1258. Report. Subtitle E—Matters Relating to Syria, Iraq, Iran, and Afghanistan Sec. 1261. Middle East integrated maritime domain awareness and interdiction ca- pability. Sec. 1262. Modification of establishment of coordinator for detained ISIS members and relevant populations in Syria. Sec. 1263. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1264. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1265. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00014 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 149 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1266. Plan of action to equip and train Iraqi security forces and Kurdish Peshmerga forces. Sec. 1267. Prohibition on transfers to the Badr Organization. Sec. 1268. Extension and modification of annual report on military power of Iran. Sec. 1269. Modification and update to report on military capabilities of Iran and re- lated activities. Sec. 1270. Prohibition on funds to Iran. Sec. 1271. Prohibition on transporting currency to the Taliban and the Islamic Emirate of Afghanistan. Sec. 1272. Prohibition on funding for the Taliban. TITLE XIII—OTHER MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Matters Relating to the Indo-Pacific Region Sec. 1301. Sense of Congress on defense alliances and partnerships in the Indo-Pa- cific region. Sec. 1302. Extension of Pacific Deterrence Initiative and report, briefings, and plan under the Initiative. Sec. 1303. Modification of pilot program to develop young civilian defense leaders in the Indo-Pacific region. Sec. 1304. Indo-Pacific campaigning initiative. Sec. 1305. Indo-Pacific Maritime Domain Awareness Initiative. Sec. 1306. Limitation on availability of funds pending feasibility study regarding delivery of harpoon missiles to foreign security partners. Sec. 1307. Sense of Congress on Taiwan defense relations. Sec. 1308. Oversight of Taiwan Enhanced Resilience Act. Sec. 1309. Training, advising, and institutional capacity-building program for mili- tary forces of Taiwan. Sec. 1310. Prohibition on use of funds to support entertainment projects with ties to the Government of the People’s Republic of China. Sec. 1311. Determination on involvement of the People’s Republic of China in the Mexican fentanyl trade. Sec. 1312. Analysis of certain biotechnology entities. Sec. 1313. Studies on defense budget transparency of the People’s Republic of China and the United States. Sec. 1314. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1315. Extension and modification of pilot program to improve cyber coopera- tion with foreign military partners in Southeast Asia. Sec. 1316. Enhancing major defense partnership with India. Sec. 1317. Report on enhanced security cooperation with Japan. Sec. 1318. Report and notification relating to transfer of operational control on Ko- rean Peninsula. Sec. 1319. Study and report on command structure and force posture of United States Armed Forces in the Indo-Pacific region. Subtitle B—Matters Relating to the AUKUS Partnership Sec. 1321. Definitions. PART 1—ADMINISTRATIVE PROVISIONS Sec. 1331. AUKUS partnership oversight and accountability framework. Sec. 1332. Designation of senior official for Department of Defense activities relat- ing to, and implementation plan for, the AUKUS partnership. Sec. 1333. Reporting related to the AUKUS partnership. PART 2—STREAMLINING AND PROTECTING TRANSFERS OF UNITED STATES MILITARY TECHNOLOGY FROM COMPROMISE Sec. 1341. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales. Sec. 1342. Identification and pre-clearance of platforms, technologies, and equip- ment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales. Sec. 1343. Export control exemptions and standards. Sec. 1344. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada. Sec. 1345. United States Munitions List. PART 3—AUKUS SUBMARINE TRANSFER AUTHORIZATION ACT Sec. 1351. Short title. Sec. 1352. Authorization of sales of Virginia Class submarines to Australia. Sec. 1353. Acceptance of contributions in support of Australia, United Kingdom, and United States submarine security activities. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00015 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 150 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1354. Appropriate congressional committees and leadership defined. TITLE XIV—OTHER AUTHORIZATIONS Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical agents and munitions destruction, defense. Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—National Defense Stockpile Sec. 1411. Improvements to Strategic and Critical Materials Stock Piling Act. Sec. 1412. Authority to dispose of materials from the National Defense Stockpile. Sec. 1413. Beginning balances of the National Defense Stockpile Transaction Fund for audit purposes. Sec. 1414. Critical mineral independence. Subtitle C—Other Matters Sec. 1421. Modification of leasing authority of Armed Forces Retirement Home. Sec. 1422. Authority for transfer of funds to joint Department of Defense-Depart- ment of Veterans Affairs Medical Facility Demonstration Fund for Cap- tain James A. Lovell Health Care Center, Illinois. Sec. 1423. Authorization of appropriations for Armed Forces Retirement Home. TITLE XV—CYBERSPACE-RELATED MATTERS Subtitle A—Cyber Operations Sec. 1501. Performance metrics for pilot program on sharing cyber capabilities and related information with foreign operational partners. Sec. 1502. Harmonization and clarification of Strategic Cybersecurity Program and related matters. Sec. 1503. Modification of authority to use operation and maintenance funds for cyber operations-peculiar capability development projects. Sec. 1504. Quarterly briefings on joint all domain command and control effort. Sec. 1505. Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace. Sec. 1506. Development of cyber support mechanisms for geographic combatant commands. Sec. 1507. Review and plan relating to cyber red teams of Department of Defense. Subtitle B—Cybersecurity Sec. 1511. Responsibility for cybersecurity and critical infrastructure protection of defense industrial base. Sec. 1512. Cybersecurity enhancements for nuclear command, control, and commu- nications network. Sec. 1513. Pilot program relating to semiconductor supply chain and Cybersecurity Collaboration Center. Sec. 1514. Transfer of data and technology developed under MOSAICS program. Sec. 1515. Modernization program for network boundary and cross-domain defense. Sec. 1516. Establishment of certain identity, credential, and access management activities as program of record. Sec. 1517. Pilot program on assuring critical infrastructure support for military contingencies. Sec. 1518. Military cybersecurity cooperation with Taiwan. Sec. 1519. Guidance regarding securing laboratories of the Armed Forces. Subtitle C—Information Technology and Data Management Sec. 1521. Control and management of Department of Defense data; establishment of Chief Digital and Artificial Intelligence Officer Governing Council. Sec. 1522. Modification to Department of Defense enterprise-wide procurement of cyber data products and services. Sec. 1523. Management of data assets by Chief Digital and Artificial Intelligence Officer. Sec. 1524. Course of education and pilot program on authentication of digital con- tent provenance for certain Department of Defense media content. Sec. 1525. Prize competitions for business systems modernization. Sec. 1526. Requirements for deployment of fifth generation information and com- munications capabilities to military installations and other Department facilities. Sec. 1527. Required policies to establish datalink strategy of Department of De- fense. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00016 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 151 PUBLIC LAW 118–31—DEC. 22, 2023 Subtitle D—Personnel Sec. 1531. Office for academic engagement relating to cyber activities. Sec. 1532. Selected Reserve order to active duty to respond to a significant cyber incident. Sec. 1533. Post-graduate employment of Department of Defense Cyber Service Academy scholarship recipients in intelligence community. Sec. 1534. Minimum number of scholarships to be awarded annually through De- partment of Defense Cyber Service Academy. Sec. 1535. Pilot program and other measures to enhance readiness and effective- ness of Cyber Mission Force. Sec. 1536. Authority to conduct pilot program on Civilian Cybersecurity Reserve. Sec. 1537. Requirements for implementation of user activity monitoring for certain personnel. Sec. 1538. Study on occupational resiliency of Cyber Mission Force. Subtitle E—Artificial Intelligence Sec. 1541. Modification to acquisition authority of senior official with principal re- sponsibility for artificial intelligence and machine learning. Sec. 1542. Artificial intelligence bug bounty programs. Sec. 1543. Prize competition for technology that detects and watermarks use of generative artificial intelligence. Sec. 1544. Plans, strategies, and other matters relating to artificial intelligence. Sec. 1545. Study to analyze vulnerability for artificial intelligence-enabled military applications. Subtitle F—Reports and Other Matters Sec. 1551. Limitation on availability of funds for travel for Office of Under Sec- retary of Defense for Personnel and Readiness pending strategy relating to Defense Travel System. Sec. 1552. Management by Department of Defense of mobile applications. Sec. 1553. Report on Department of Defense Enterprise capabilities for cybersecu- rity. Sec. 1554. Report on technology modernization for Army Human Resources Com- mand 2030 Transformation Plan. Sec. 1555. Certification requirement regarding contracting for military recruiting. TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS Subtitle A—Space Activities Sec. 1601. Delegation of certain authority of explosive safety board. Sec. 1602. Classification review of space major defense acquisition programs. Sec. 1603. Enhanced authority to increase space launch capacity through space launch support services. Sec. 1604. Principal Military Deputy for Space Acquisition and Integration. Sec. 1605. Modification to updates of space policy review. Sec. 1606. Authorization for establishment of the National Space Intelligence Cen- ter as a field operating agency. Sec. 1607. Initial operational capability for Advanced Tracking and Launch Anal- ysis System and requirements for system-level review. Sec. 1608. Use of middle tier acquisition program for proliferated warfighter space architecture of the Space Development Agency. Sec. 1609. Process and plan for Space Force space situational awareness. Sec. 1610. Plan to improve threat-sharing arrangements with commercial space op- erators. Sec. 1611. Plan for an integrated and resilient satellite communications architec- ture for the Space Force. Subtitle B—Defense Intelligence and Intelligence-Related Activities Sec. 1621. Military intelligence collection and analysis partnerships. Subtitle C—Nuclear Forces Sec. 1631. Establishment of major force program for nuclear command, control, and communications programs. Sec. 1632. Technical amendment to additional report matters on strategic delivery systems. Sec. 1633. Amendment to annual report on the plan for the nuclear weapons stock- pile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems. Sec. 1634. Matters relating to the acquisition and deployment of the Sentinel inter- continental ballistic missile weapon system. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00017 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 152 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1635. Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program. Sec. 1636. Study of weapons programs that allow Armed Forces to address hard and deeply buried targets. Sec. 1637. Repeal of requirement for review of nuclear deterrence postures. Sec. 1638. Retention of capability to redeploy multiple independently targetable re- entry vehicles. Sec. 1639. Authorization to establish technology transition program for strategic nuclear deterrence. Sec. 1640. Matters relating to the nuclear-armed, sea-launched cruise missile. Sec. 1641. Requirements relating to operational silos for the Sentinel interconti- nental ballistic missile. Sec. 1642. Long-term sustainment of Sentinel ICBM guidance system. Sec. 1643. Integrated master schedule for the Sentinel missile program of the Air Force. Sec. 1644. Operational timeline for Strategic Automated Command and Control System. Sec. 1645. Pilot program on development of reentry vehicles and related systems. Sec. 1646. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1647. Limitation on availability of funds pending compliance with information requests from the Government Accountability Office. Sec. 1648. Congressional notification of decision to delay strategic delivery system test event. Sec. 1649. Congressional notification of nuclear cooperation between Russia and China. Sec. 1650. Plan for decreasing the time to upload additional warheads to the inter- continental ballistic missile fleet. Subtitle D—Missile Defense Programs Sec. 1661. Deputy Director of Office of Missile Defense Agency. Sec. 1662. Modification of program accountability matrices requirements for next generation interceptors for missile defense. Sec. 1663. National missile defense policy. Sec. 1664. Modification of requirement for Comptroller General to review and as- sess missile defense acquisition programs. Sec. 1665. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1666. Programs to achieve initial and full operational capabilities for the Glide Phase Interceptor program. Sec. 1667. Rescission of memorandum on missile defense governance. Sec. 1668. Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of report on missile defense roles and responsibilities. Sec. 1669. Strategy for integrated air and missile defense of Hawaii and the Indo- Pacific region. Sec. 1670. Report on potential enhancements to integrated air and missile defense capabilities in Europe. Sec. 1671. Independent analysis of space-based missile defense capability. Subtitle E—Other Matters Sec. 1681. Extension of authorization for protection of certain facilities and assets from unmanned aircraft. Sec. 1682. Electromagnetic warfare. Sec. 1683. Cooperative threat reduction funds. Sec. 1684. Matters relating to space-based ground and airborne moving target indi- cation systems. Sec. 1685. Positioning, navigation, and timing. Sec. 1686. Actions to address serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum. Sec. 1687. Limitation on use of funds for certain unreported programs. Sec. 1688. Indo-Pacific missile strategy. Sec. 1689. Study on the future of the Integrated Tactical Warning Attack Assess- ment System. Sec. 1690. Research and analysis on multipolar deterrence and escalation dynam- ics. TITLE XVII—SPACE FORCE PERSONNEL MANAGEMENT Sec. 1701. Short title. Subtitle A—Space Force Military Personnel System Without Component Sec. 1711. Establishment of military personnel management system for the Space Force. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00018 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 153 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1712. Composition of the Space Force without component. Sec. 1713. Definitions for single personnel management system for the Space Force. Sec. 1714. Basic policies relating to service in the Space Force. Sec. 1715. Status and participation. Sec. 1716. Officers. Sec. 1717. Enlisted members. Sec. 1718. Retention and separation generally. Sec. 1719. Separation of officers for substandard performance of duty or for certain other reasons. Sec. 1719A. Retirement. Subtitle B—Conforming Amendments Related to Space Force Military Personnel System Sec. 1721. Amendments to Department of the Air Force provisions of title 10, United States Code. Sec. 1722. Amendments to subtitle A of title 10, United States Code. Sec. 1723. Title 38, United States Code (Veterans’ Benefits). Subtitle C—Transition Provisions Sec. 1731. Transition period. Sec. 1732. Change of duty status of members of the Space Force. Sec. 1733. Transfer to the Space Force of members of the reserve components of the Air Force. Sec. 1734. Placement of officers on the Space Force officer list. Sec. 1735. Disestablishment of Regular Space Force. Sec. 1736. End strength flexibility. Sec. 1737. Promotion authority flexibility. Subtitle D—Other Amendments Related to the Space Force Sec. 1741. Title 10, United States Code. Sec. 1742. Other provisions of law. TITLE XVIII—OTHER DEFENSE MATTERS Subtitle A—Other Defense Matters Sec. 1801. Technical and conforming amendments. Sec. 1802. Extension of authority to engage in certain commercial activities. Sec. 1803. Modification to requirements relating to combating military reliance on Russian energy. Sec. 1804. U.S. Hostage and Wrongful Detainee Day Act of 2023. Sec. 1805. Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee. Sec. 1806. Access to and use of military post offices by United States citizens em- ployed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces. Sec. 1807. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers. Sec. 1808. Support for execution of bilateral agreements concerning illicit transnational maritime activity in Africa. Sec. 1809. National Cold War Center designation. Sec. 1810. Revision of requirement for transfer of certain aircraft to State of Cali- fornia for wildfire suppression purposes. Sec. 1811. Limitation on funds for Wuhan Institute of Virology and EcoHealth Alli- ance, Inc. Subtitle B—Drone Security Sec. 1821. Short title. Sec. 1822. Definitions. Sec. 1823. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities. Sec. 1824. Prohibition on operation of covered unmanned aircraft systems from cov- ered foreign entities. Sec. 1825. Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities. Sec. 1826. Prohibition on use of Government-issued purchase cards to purchase covered unmanned aircraft systems from covered foreign entities. Sec. 1827. Management of existing inventories of covered unmanned aircraft sys- tems from covered foreign entities. Sec. 1828. Comptroller General report. Sec. 1829. Government-wide policy for procurement of unmanned aircraft systems. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00019 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 154 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1830. State, local, and territorial law enforcement and emergency service ex- emption. Sec. 1831. Study. Sec. 1832. Exceptions. Sec. 1833. Sunset. Subtitle C—Unidentified Anomalous Phenomena Sec. 1841. Unidentified anomalous phenomena records collection at the National Archives and Records Administration. Sec. 1842. Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by government offices. Sec. 1843. Grounds for postponement of public disclosure of unidentified anomalous phenomena records. Subtitle D—World Trade Center Health Program Sec. 1851. Flexibility and funding for the World Trade Center Health Program. Sec. 1852. Extension of certain direct spending reductions. Sec. 1853. Medicare improvement fund. 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 use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts. Sec. 2105. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea. Sec. 2106. Extension of authority to carry out certain fiscal year 2019 Army mili- tary construction projects. Sec. 2107. Extension of authority to carry out certain fiscal year 2021 Army mili- tary construction projects. TITLE XXII—NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Sec. 2204. Extension of authority to carry out certain fiscal year 2019 Navy mili- tary construction projects. Sec. 2205. Extension of authority to carry out certain fiscal year 2021 Navy mili- tary construction 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 certain fiscal year 2017 Air Force military construction projects. Sec. 2305. Extension of authority to carry out certain fiscal year 2018 Air Force military construction projects. Sec. 2306. Extension of authority to carry out certain fiscal year 2019 Air Force military construction projects. Sec. 2307. Extension of authority to carry out fiscal year 2021 Air Force military construction projects. TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension of authority to carry out certain fiscal year 2018 Defense Agencies military construction projects. Sec. 2405. Extension and modification of authority to carry out certain fiscal year 2019 Defense Agencies military construction projects. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00020 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 155 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 2406. Extension of authority to carry out fiscal year 2021 project at Defense Fuel Support Point Tsurumi, Japan. Sec. 2407. Extension of authority to carry out certain fiscal year 2021 Energy Resil- ience and Conservation Investment projects. Sec. 2408. Authority to carry out military construction projects to improve certain fiscal year 2022 utility systems. Sec. 2409. Additional authority to carry out certain military construction projects to improve certain fiscal year 2023 utility systems. TITLE XXV—INTERNATIONAL PROGRAMS Subtitle A—North Atlantic Treaty Organization Security Investment Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland funded construction projects. TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Sec. 2607. Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana. Sec. 2608. Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York. Sec. 2609. Extension of authority to carry out certain fiscal year 2021 National Guard and Reserve military construction projects. Sec. 2610. Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California. Sec. 2611. Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania. TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure activi- ties funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A—Military Construction Programs Sec. 2801. Modifications to Defense Community Infrastructure Program. Sec. 2802. Modification to authority for unspecified minor construction. Sec. 2803. Application of dollar limitations for unspecified minor military construc- tion projects to locations outside the United States. Sec. 2804. Increase to amount of certain funds for military installation resilience projects. Sec. 2805. Authority for certain construction projects in friendly foreign countries. Sec. 2806. Temporary expansion of authority for use of one-step turn-key proce- dures for repair projects. Sec. 2807. Authorization of cost-plus incentive-fee contracting for military construc- tion projects to mitigate risk to the Sentinel program schedule and cost. Sec. 2808. Inclusion on Department of Defense Form 1391 of information on consid- eration of certain methods of construction for certain military construc- tion projects. Sec. 2809. Incorporation of cybersecurity supply chain risk management tools and methods. Sec. 2810. Authority for Indo-Pacific posture unspecified minor military construc- tion projects. Sec. 2811. Authority to conduct energy resilience and conservation projects at in- stallations at which certain energy projects have occurred. Subtitle B—Military Housing Reforms Sec. 2821. Establishment of the Military Family Readiness Working Group for Mili- tary Housing. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00021 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 156 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 2822. Improvements to privatized military housing. Sec. 2823. Notification relating to legal counsel for nondisclosure agreements. Sec. 2824. Inclusion of questions regarding military housing for members of the Armed Forces in status of forces survey. Sec. 2825. Implementation of Comptroller General recommendations relating to strengthening oversight of privatized military housing. Subtitle C—Covered Military Unaccompanied Housing Reforms Sec. 2831. Design standards for covered military unaccompanied housing. Sec. 2832. Establishment of standards for habitability of covered military unaccom- panied housing. Sec. 2833. Modification of procedures for issuance of waivers of covered privacy and configuration standards; temporary biannual briefing. Sec. 2834. Certification of habitability of covered military unaccompanied housing. Sec. 2835. Pilot program for military construction projects to replace certain cov- ered military unaccompanied housing facilities. Sec. 2836. Establishment of civilian employees for oversight of covered military un- accompanied housing. Sec. 2837. Maintenance work order management process for covered military unac- companied housing. Sec. 2838. Uniform index for evaluating the condition of covered military unaccom- panied housing facilities. Sec. 2839. Annual reports on the condition of covered military unaccompanied housing. Sec. 2840. Submission of temporary housing support certification to Members of Congress. Sec. 2841. Elimination of flexibilities for construction standards for covered mili- tary unaccompanied housing. Subtitle D—Real Property and Facilities Administration Sec. 2851. Guidance on Department of Defense-wide standards for access to mili- tary installations. Sec. 2852. Authority to make grants for security and fire protection for former Army and Navy General Hospital, Hot Springs National Park, Hot Springs, Arkansas; briefing. Sec. 2853. Plan and report on critical infrastructure systems at military installa- tions. Sec. 2854. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Col- orado. Sec. 2855. Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Mary- land. Sec. 2856. Authorization for the Secretary of the Navy to resolve the electrical util- ity operations at Former Naval Air Station Barbers Point, Hawaii. Sec. 2857. Inclusion of military installation resilience in real property management and installation master planning of Department. Sec. 2858. Modification of authority to relocate Joint Spectrum Center to Fort Meade, Maryland. Subtitle E—Land Conveyances Sec. 2861. Extension of sunset for land conveyance, Sharpe Army Depot, Lathrop, California. Sec. 2862. Clarification of authority of Department of Defense to conduct certain military activities at Nevada test and training range. Sec. 2863. Extensions, additions, and revisions to the Military Lands Withdrawal Act of 1999 relating to the Barry M. Goldwater Range, Arizona. Sec. 2864. Land acquisition, Westmoreland State Park, Virginia. Sec. 2865. Land conveyance, Naval Weapons Station Earle, New Jersey. Sec. 2866. Land Conveyance, Paine Field Air National Guard Station, Everett, Sno- homish County, Washington. Sec. 2867. Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia. Sec. 2868. Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia. Subtitle F—Pilot Programs and Reports Sec. 2871. Modification of pilot program on increased use of sustainable building materials in military construction. Sec. 2872. Modification of pilot program on establishment of account for reimburse- ment for use of testing facilities at installations of the Department of the Air Force. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00022 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 157 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 2873. Pilot program to provide air purification technology in covered military housing. Sec. 2874. Joint Housing Requirements and Market Analysis for certain military installations in Hawaii. Sec. 2875. Quarterly briefings on military construction related to the Sentinel intercontinental ballistic missile weapon system program. Subtitle G—Other Matters Sec. 2881. Increase of limitation on fee for architectural and engineering services procured by military departments. Sec. 2882. Development and operation of Marine Corps Heritage Center and Na- tional Museum of the Marine Corps. Sec. 2883. Technical corrections. Sec. 2884. Modification of authority of Secretary of the Army to enter into coopera- tive agreements relating to access and management of Air Force Memo- rial. Sec. 2885. Designation of National Museum of the Mighty Eighth Air Force. Sec. 2886. Continuing education curriculum on use of innovative products for mili- tary construction projects. Sec. 2887. Guidance on encroachment that affects covered sites. Sec. 2888. Extension and modification of annual updates to master plans and in- vestment strategies for Army ammunition plants. Sec. 2889. Limitation on use of funds for United States Space Command Head- quarters. Sec. 2890. Plan for use of excess construction materials on southwest border. DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Program Authorizations, Restrictions, and Limitations Sec. 3111. Transfer of cybersecurity responsibilities to Administrator for Nuclear Security. Sec. 3112. Redesignating duties related to departmental radiological and nuclear incident responses. Sec. 3113. Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group. Sec. 3114. Modification of authority to establish certain contracting, program man- agement, scientific, engineering, and technical positions. Sec. 3115. Criminal penalties for interference with the transport of special nuclear materials, nuclear weapons components, or restricted data. Sec. 3116. Prohibition on expansion of Advanced Recovery and Integrated Extrac- tion System pending achievement of 30 pit-per-year base capability. Sec. 3117. Plutonium Modernization Program management. Sec. 3118. Modification of certain requirements and authorities relating to the re- moval or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3119. Extension of briefing and reporting requirements for certain National Nuclear Security Administration contracts. Sec. 3120. Modification of minor construction threshold for plant projects. Sec. 3121. Modifications relating to unfunded priorities of the National Nuclear Se- curity Administration. Sec. 3122. Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration. Sec. 3123. Modification of reporting requirements for uranium capabilities replace- ment project. Sec. 3124. Prohibition on availability of funds for naval nuclear fuel systems based on low-enriched uranium. Sec. 3125. Prohibition on availability of funds to reconvert or retire W76–2 war- heads. Sec. 3126. Limitation on availability of funds pending submittal of spend plan for development of sea-launched cruise missile warhead. Sec. 3127. Deadlines for commencement of operations of certain atomic energy re- placement projects. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00023 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 158 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 3128. Integrated schedule for future-years nuclear security program. Subtitle C—Other Matters Sec. 3131. U.S. nuclear fuel security initiative. Sec. 3132. Updated financial integration policy. Sec. 3133. Plan for domestic enrichment capability to satisfy Department of De- fense uranium requirements. Sec. 3134. Briefings on implementation of enhanced mission delivery initiative. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. TITLE XXXIV—NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. TITLE XXXV—MARITIME ADMINISTRATION Subtitle A—Maritime Administration Sec. 3501. Authorization of appropriations for Maritime Administration. Subtitle B—Maritime Infrastructure Sec. 3511. Port infrastructure development program eligible projects. Sec. 3512. Assistance for small inland river and coastal ports and terminals. Sec. 3513. Port infrastructure development program: eligibility of shore power projects; selection criteria. Sec. 3514. Codification of existing language; technical amendments. Subtitle C—Reports Sec. 3521. Reports on maritime industry, policies, and programs. Sec. 3522. Reports on availability of used sealift vessels and the scrapping and re- cycling of imported vessels. Sec. 3523. Study on foreign ownership and control of marine terminals. Sec. 3524. Reports to Congress. Subtitle D—Other Matters Sec. 3531. Cargoes procured, furnished, or financed by the United States Govern- ment. Sec. 3532. Recapitalization of National Defense Reserve Fleet. Sec. 3533. United States Merchant Marine Academy and Coast Guard Academy matters; Maritime Administration requirements. Sec. 3534. Maritime workforce working group. Sec. 3535. Consideration of life-cycle cost estimates for acquisition and procurement of vessels. Sec. 3536. Loans for retrofitting to qualify as a vessel of the United States. Sec. 3537. Accountability for National Maritime Strategy. 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. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00024 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 159 PUBLIC LAW 118–31—DEC. 22, 2023 DIVISION E—OTHER MATTERS TITLE L—VETERANS AFFAIRS MATTERS Sec. 5001. Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs. Sec. 5002. Grave markers at Santa Fe National Cemetery, New Mexico. Sec. 5003. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training. TITLE LI—JUDICIARY MATTERS Sec. 5101. Prohibition of demand for bribe. Sec. 5102. Preventing child sex abuse. Sec. 5103. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated. Sec. 5104. Visa availability for government employee immigrant visa program. TITLE LII—OVERSIGHT AND ACCOUNTABILITY MATTERS Sec. 5201. Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12. TITLE LIII—FEDERAL DATA AND INFORMATION SECURITY Sec. 5301. Short title. Sec. 5302. Federal Data Center Consolidation Initiative amendments. TITLE LIV—FOREIGN AFFAIRS MATTERS Subtitle A—Combating Global Corruption Sec. 5401. Short title. Sec. 5402. Definitions. Sec. 5403. Publication and provision of lists regarding progress on anti-corruption efforts. Sec. 5404. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption. Sec. 5405. Imposition of sanctions under Global Magnitsky Human Rights Account- ability Act. Sec. 5406. Designation of embassy anti-corruption points of contact. Subtitle B—Other Matters Sec. 5411. Global cooperative framework to end human rights abuses in sourcing critical minerals. Sec. 5412. Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment. Sec. 5413. Ending China’s developing nation status. Sec. 5414. Permitting for international bridges. TITLE LV—EDUCATION AND WORKFORCE MATTERS Sec. 5501. Amendments to the Energy Employees Occupational Illness Compensa- tion Program Act of 2000. TITLE LVI—TRANSPORTATION AND INFRASTRUCTURE MATTERS Sec. 5601. Extension of prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities. Sec. 5602. Nogales wastewater improvement. Sec. 5603. International Port Security Enforcement Act. TITLE LVII—ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023 Sec. 5701. Short title. Sec. 5702. Appointment and term of service of Architect of the Capitol. Sec. 5703. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect. Sec. 5704. Deputy Architect of the Capitol to serve as acting in case of absence, dis- ability, or vacancy. TITLE LVIII—FINANCIAL SERVICES MATTERS Sec. 5801. Assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List. DIVISION F—DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023 Sec. 6001. Short title; table of contents. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00025 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 160 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 6002. Definitions. TITLE LXI—DIPLOMATIC SECURITY AND CONSULAR AFFAIRS Sec. 6101. Special hiring authority for passport services. Sec. 6102. Quarterly report on passport wait times. Sec. 6103. Passport travel advisories. Sec. 6104. Strategy to ensure access to passport services for all Americans. Sec. 6105. Strengthening the National Passport Information Center. Sec. 6106. Strengthening passport customer visibility and transparency. Sec. 6107. Annual Office of Authentications report. Sec. 6108. Publication and updates of estimated time for processing of passport ap- plications. Sec. 6109. Authority to designate additional passport acceptance agents. Sec. 6110. Notification of passport expiration. Sec. 6111. Use of commercially available technology in online passport renewal pro- gram. Sec. 6112. Electronic payment for passport application fees. Sec. 6113. Agreements with foreign countries regarding passports nearing expira- tion. Sec. 6114. Passport fee exception for search, rescue, and other related disaster re- lief operations. Sec. 6115. Increased accountability in assignment restrictions and reviews. Sec. 6116. Suitability reviews for Foreign Service Institute instructors. Sec. 6117. Diplomatic security fellowship programs. TITLE LXII—PERSONNEL MATTERS Subtitle A—Hiring, Promotion, and Development Sec. 6201. Adjustment to promotion precepts. Sec. 6202. Hiring authorities. Sec. 6203. Extending paths to service for paid student interns. Sec. 6204. Lateral Entry Program. Sec. 6205. Mid-Career Mentoring Program. Sec. 6206. Report on the Foreign Service Institute’s language program. Sec. 6207. Consideration of career civil servants as chiefs of missions. Sec. 6208. Civil service rotational program. Sec. 6209. Reporting requirement on chiefs of mission. Sec. 6210. Report on chiefs of mission and deputy chiefs of mission. Sec. 6211. Efforts to improve retention and prevent retaliation. Sec. 6212. National advertising campaign. Sec. 6213. Expansion of diplomats in residence programs. Subtitle B—Pay, Benefits, and Workforce Matters Sec. 6221. Education allowance. Sec. 6222. Improving mental health services for foreign and civil servants. Sec. 6223. Emergency back-up care. Sec. 6224. Exception for government-financed air transportation. Sec. 6225. Internet at hardship posts. Sec. 6226. Competitive local compensation plan. Sec. 6227. Supporting tandem spouses in the Foreign Service. Sec. 6228. Accessibility at diplomatic missions. Sec. 6229. Report on breastfeeding accommodations overseas. Sec. 6230. Determining the effectiveness of knowledge transfers between Foreign Service Officers. Sec. 6231. Education allowance for dependents of Department of State employees located in United States territories. Sec. 6232. Overtime pay exception for protective services. TITLE LXIII—INFORMATION SECURITY AND CYBER DIPLOMACY Sec. 6301. Data-informed diplomacy. Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program. Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Depart- ment of State. Sec. 6304. Strengthening the Chief Information Officer of the Department of State. Sec. 6305. Sense of Congress on strengthening enterprise governance. Sec. 6306. Digital connectivity and cybersecurity partnership. Sec. 6307. Establishment of a cyberspace, digital connectivity, and related tech- nologies (CDT) fund. Sec. 6308. Cyber protection support for personnel of the Department of State in po- sitions highly vulnerable to cyber attack. Sec. 6309. Implementation of GAO High Risk List recommendations. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00026 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 161 PUBLIC LAW 118–31—DEC. 22, 2023 TITLE LXIV—ORGANIZATION AND OPERATIONS Sec. 6401. Personal services contractors. Sec. 6402. Hard-to-fill posts. Sec. 6403. Enhanced oversight of the Office of Civil Rights. Sec. 6404. Crisis response operations. Sec. 6405. Special Envoy to the Pacific Islands Forum. Sec. 6406. Special Envoy for Belarus. Sec. 6407. Presidential Envoy for the Abraham Accords, Negev Forum, and Related Integration and Normalization Fora and Agreements. Sec. 6408. Overseas placement of special appointment positions. Sec. 6409. Resources for United States nationals unlawfully or wrongfully detained abroad. Sec. 6410. Establishment of fiscal responsibility award. TITLE LXV—ECONOMIC DIPLOMACY Sec. 6501. Report on recruitment, retention, and promotion of Foreign Service eco- nomic officers. Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. Sec. 6503. Direction to embassy deal teams. Sec. 6504. Establishment of a ‘‘Deal Team of the Year’’ award. TITLE LXVI—PUBLIC DIPLOMACY Sec. 6601. Public diplomacy outreach. Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty. Sec. 6603. Report on Radio Free Africa and Radio Free Americas. Sec. 6604. John Lewis Civil Rights Fellowship program. Sec. 6605. Domestic engagement and public affairs. Sec. 6606. Modernization and enhancement strategy. TITLE LXVII—OTHER MATTERS Sec. 6701. Internships of United States nationals at international organizations. Sec. 6702. Training for international organizations. Sec. 6703. Infrastructure projects and investments by the United States and Peo- ple’s Republic of China. Sec. 6704. Special envoys. Sec. 6705. US-ASEAN Center. Sec. 6706. Briefings on the United States-European Union Trade and Technology Council. Sec. 6707. Modification and repeal of reports. Sec. 6708. Art in embassies. Sec. 6709. Institute for Transatlantic Engagement. Sec. 6710. Notification of revocation of clearances. DIVISION G—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024 Sec. 7001. Short title. Sec. 7002. Definitions. Sec. 7003. Explanatory statement. TITLE I—INTELLIGENCE ACTIVITIES Sec. 7101. Authorization of appropriations. Sec. 7102. Classified Schedule of Authorizations. Sec. 7103. Intelligence Community Management Account. Sec. 7104. Increase in employee compensation and benefits authorized by law. Sec. 7105. Restriction on conduct of intelligence activities. TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 7201. Authorization of appropriations. TITLE III—INTELLIGENCE COMMUNITY MATTERS Subtitle A—General Intelligence Community Matters Sec. 7301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies. Sec. 7302. Policy and performance framework for mobility of intelligence commu- nity workforce. Sec. 7303. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00027 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 162 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 7304. Improving administration of certain post-employment restrictions for in- telligence community. Sec. 7305. Mission of the National Counterintelligence and Security Center. Sec. 7306. Budget transparency on costs of implementation of Executive Order 13556. Sec. 7307. Improvements relating to intelligence community staffing, details, and assignments. Sec. 7308. Insider threats. Sec. 7309. Modification of deadline for annual submission of National Intelligence Priorities Framework. Sec. 7310. Matters relating to chief data officers of intelligence community. Sec. 7311. Modification to special pay authority for science, technology, engineer- ing, or mathematics positions. Sec. 7312. Annual report on unfunded priorities of intelligence community. Sec. 7313. Submission of legislative proposals. Sec. 7314. Annual report on reporting requirements. Sec. 7315. Notice and damage assessment with respect to significant unauthorized disclosure or compromise of classified national intelligence. Sec. 7316. In-state tuition rates for certain members of intelligence community. Sec. 7317. Repeal of study on personnel under Strategic Intelligence Partnership Program. Sec. 7318. Intelligence Community Counterintelligence Office at the Department of Agriculture. Sec. 7319. Sunset of Climate Security Advisory Council. Sec. 7320. Inclusion of counternarcotics as special topic in certain budget justifica- tion materials. Sec. 7321. Development of plan to make open-source intelligence products available to certain Federal employees. Sec. 7322. Intelligence community-wide policy on prepublication review. Sec. 7323. Review relating to confidential human source program of Federal Bu- reau of Investigation. Sec. 7324. Prohibition on availability of funds for certain activities and assessment of the Overt Human Intelligence and Open Source Intelligence Collec- tion Programs of the Office of Intelligence and Analysis of the Depart- ment of Homeland Security. Sec. 7325. Sense of Congress on priority of fentanyl in National Intelligence Prior- ities Framework. Sec. 7326. Reports on civilian casualties caused by certain operations of foreign governments. Sec. 7327. Modification and repeal of reporting requirements. Subtitle B—Central Intelligence Agency Sec. 7331. Change to penalties and increased availability of mental health treat- ment for unlawful conduct on Central Intelligence Agency installations. Sec. 7332. Modifications to procurement authorities of the Central Intelligence Agency. Sec. 7333. Inspector General of the Central Intelligence Agency quarterly employee engagement summaries. Sec. 7334. Benjamin Tallmadge Institute as primary Central Intelligence Agency entity for education and training in counterintelligence. Sec. 7335. Central Intelligence Agency intelligence assessment of Sinaloa Cartel and Jalisco Cartel. Sec. 7336. Central Intelligence Agency intelligence assessment with respect to ef- forts by People’s Republic of China to increase influence in Middle East. Sec. 7337. Assessment of availability of mental health and chaplain services to Agency employees. Sec. 7338. Assessment by Director of Central Intelligence Agency on certain effects of Abraham Accords. Sec. 7339. Reporting and investigating allegations of sexual assault and sexual har- assment within the Central Intelligence Agency. Subtitle C—Matters Relating to Defense Intelligence and Overhead Architecture Sec. 7341. Modification of reporting requirement for All-Domain Anomaly Resolu- tion Office. Sec. 7342. Defense Intelligence Agency assessment of strategic competition in Latin America and the Caribbean. Sec. 7343. Funding limitations relating to unidentified anomalous phenomena. Subtitle D—Matters Relating to National Security Agency, Cyber, and Commercial Cloud Enterprise Sec. 7351. Congressional notification by National Security Agency of intelligence collection adjustments. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00028 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 163 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 7352. Modifications to enforcement of cybersecurity requirements for national security systems. Sec. 7353. Support by intelligence community for certain cross-functional team of Department of Defense. Sec. 7354. Commercial Cloud Enterprise notification. Sec. 7355. Commercial Cloud Enterprise sole source task order notification require- ment. Sec. 7356. Analysis of commercial cloud initiatives of intelligence community. TITLE IV—MATTERS CONCERNING FOREIGN COUNTRIES Subtitle A—People’s Republic of China Sec. 7401. Intelligence community coordinator for accountability of atrocities of the People’s Republic of China. Sec. 7402. Interagency working group and report on the malign efforts of the Peo- ple’s Republic of China in Africa. Sec. 7403. Amendment to requirement for annual assessment by intelligence com- munity working group for monitoring the economic and technological ca- pabilities of the People’s Republic of China. Sec. 7404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China. Sec. 7405. Assessment of threat posed to United States ports by cranes manufac- tured by countries of concern. Sec. 7406. Intelligence assessment of influence operations by People’s Republic of China toward Pacific Islands countries. Sec. 7407. Independent study on economic impact of military invasion of Taiwan by People’s Republic of China. Sec. 7408. Report by Director of National Intelligence on Uyghur genocide. Subtitle B—Other Foreign Countries Sec. 7411. Report on efforts to capture and detain United States citizens as hos- tages. Sec. 7412. Intelligence assessments regarding Haiti. Sec. 7413. Monitoring Iranian enrichment of uranium-235. TITLE V—MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING TECHNOLOGY COMPETITION WITH UNITED STATES ADVER- SARIES Subtitle A—General Matters Sec. 7501. Detail of individuals from intelligence community to Department of Commerce. Sec. 7502. Intelligence Community Innovation Unit. Sec. 7503. Establishment of Office of Engagement. Sec. 7504. Designation of a chief technology officer within certain elements of the intelligence community. Sec. 7505. Requirement to authorize additional security clearances for certain con- tractors. Sec. 7506. Intelligence Innovation Board. Sec. 7507. Programs for next-generation microelectronics in support of artificial in- telligence. Sec. 7508. Program for Beyond 5G. Sec. 7509. Intelligence community commercial remote sensing requirements. Sec. 7510. Requirement to ensure intelligence community directives appropriately account for artificial intelligence and machine learning tools in intel- ligence products. Subtitle B—Next-generation Energy, Biotechnology, and Artificial Intelligence Sec. 7511. Expanded annual assessment of economic and technological capabilities of the People’s Republic of China and related briefing. Sec. 7512. Assessment of using civil nuclear energy for intelligence community ca- pabilities. Sec. 7513. Policies established by Director of National Intelligence for artificial in- telligence capabilities. TITLE VI—CLASSIFICATION REFORM Sec. 7601. Short title. Sec. 7602. Promoting efficient declassification review. Sec. 7603. Training to promote sensible classification. Sec. 7604. Improvements to Public Interest Declassification Board. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00029 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 164 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 7605. Implementation of technology for classification and declassification. Sec. 7606. Studies and recommendations on necessity of security clearances. TITLE VII—SECURITY CLEARANCE AND TRUSTED WORKFORCE Sec. 7701. Review of shared information technology services for personnel vetting. Sec. 7702. Timeliness standard for rendering determinations of trust for personnel vetting. Sec. 7703. Annual report on personnel vetting trust determinations. Sec. 7704. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. TITLE VIII—ANOMALOUS HEALTH INCIDENTS Sec. 7801. Improved funding flexibility for payments made by the Central Intel- ligence Agency for qualifying injuries to the brain. Sec. 7802. Clarification of requirements to seek certain benefits relating to injuries to the brain. Sec. 7803. Intelligence community implementation of HAVANA Act of 2021 au- thorities. Sec. 7804. Report and briefings on Central Intelligence Agency handling of anoma- lous health incidents. TITLE IX—OTHER MATTERS Sec. 7901. Technical corrections. Sec. 7902. Extension of title VII of FISA. 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. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Limitation on availability of funds pending assessment of Army Trackless Moving Target systems. Sec. 112. Strategy for Army tactical wheeled vehicle program. Sec. 113. Report on acquisition strategies for the logistics augmentation program of the Army. Subtitle C—Navy Programs Sec. 121. Modification of requirements for minimum number of carrier air wings of the Navy. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Multiyear procurement authority for Virginia class submarine program. Sec. 124. Procurement authority for Auxiliary Personnel Lighter program. Sec. 125. Limitation on reductions to V–22 aircraft nacelle improvement program. Sec. 126. Limitation on consideration of Government-operated dry docks in certain contract solicitations. 10 USC 101 note. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00030 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 165 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 127. Annual reports on use of Government docks for ship repair and mainte- nance. Subtitle D—Air Force Programs Sec. 131. Limitation on retirement of F–15 aircraft and modification of related re- porting requirement. Sec. 132. Limitations and minimum inventory requirement relating to RQ–4 air- craft. Sec. 133. Temporary exception to minimum inventory requirement for fighter air- craft of the Air Force. Sec. 134. Modification of minimum inventory requirements for C–130 aircraft. Sec. 135. Modification of annual reports on T–7A Advanced Pilot Training System. Sec. 136. Modification to prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 137. Modification of minimum inventory requirements for A–10 aircraft. Sec. 138. Procurement authority for over-the-horizon radar systems. Sec. 139. Prohibition on availability of funds for retirement of KC–135 aircraft. Sec. 140. Prohibition on reduction of KC–135 aircraft in PMAI of the reserve com- ponents. Sec. 141. Limitation on issuance of acquisition strategy for the KC–135 recapital- ization program. Sec. 142. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft. Sec. 143. Prohibition on availability of funds for termination of production lines for the HH–60W aircraft. Sec. 144. Limitation on retirement of F–16C/D aircraft. Sec. 145. Limitation on procurement of KC–46A aircraft. Sec. 146. Limitation on actions relating to remote vision systems of KC–46A air- craft. Sec. 147. Limitation on retirement of T–1A training aircraft. Sec. 148. Plan for long-term Air Force fighter force structure. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 151. Annual report on force structure changes exhibit for the defense budget. Sec. 152. Multiyear procurement authority for domestically processed critical min- erals. Sec. 153. Prohibition on solicitation of proprietary armor for certain tactical vehi- cles. Sec. 154. Prohibition on availability of funds for procurement of certain batteries. Subtitle A—Authorization of Appropriations SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2024 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activi- ties, as specified in the funding table in section 4101. Subtitle B—Army Programs SEC. 111. LIMITATION ON AVAILABILITY OF FUNDS PENDING ASSESS- MENT OF ARMY TRACKLESS MOVING TARGET SYSTEMS. (a) IN GENERAL.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Trackless Moving Target program of the Army, not more than 75 percent may be obligated or expended to procure or further develop the Trackless Moving Target–Infantry variant until the Secretary of the Army— (1) acting through the Army Combat Capabilities Develop- ment Command, conducts an assessment of the Trackless Moving Target–Infantry variant, which shall include— VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00031 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 166 PUBLIC LAW 118–31—DEC. 22, 2023 (A) obtaining end-user feedback regarding such vari- ant; and (B) comparing the performance of such variant against the applicable program requirements set forth in the report of Secretary of the Army titled ‘‘Autonomous Robotic Tar- gets for Small Arms Range Training’’, as submitted to Congress in March 2023; (2) obtains direct soldier feedback on the current Trackless Moving Target program; (3) certifies to the congressional defense committees that the acquisition strategy of the Army for the Trackless Moving Target–Infantry variant meets the program requirements set forth in the report referred to in paragraph (1)(B); and (4) submits to the congressional defense committees the report required under subsection (b). (b) REPORT REQUIRED.—Not later than 30 days after the date of the completion of the assessment and soldier feedback required under paragraphs (1) and (2) of subsection (a), the Secretary of the Army shall submit to the congressional defense committees a report that includes— (1) detailed results of the assessment conducted under sub- section (a)(1), including a comparison of the Trackless Moving Target–Infantry variant under development by the Army to other operationally deployed, commercially available targets in use by other Armed Forces; (2) a summary of the soldier feedback obtained under sub- section (a)(2); and (3) a certification that the development of the Trackless Moving Target–Infantry variant is in compliance with the requirements of section 4061 of title 10, United States Code. SEC. 112. STRATEGY FOR ARMY TACTICAL WHEELED VEHICLE PRO- GRAM. (a) STRATEGY REQUIRED.—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 each of fiscal years 2025, 2030, and 2035, the Secretary of the Army shall include a report on the strategy of the Army for tactical wheeled vehicles. (b) REQUIREMENTS FOR STRATEGY.—Each strategy required by subsection (a) shall— (1) align with the applicable national defense strategy under section 113(g) of title 10, United States Code, and applicable policies; (2) be designed so that the force of tactical wheeled vehicles provided under the strategy supports the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 3043); and (3) define capabilities and capacity requirements across the entire fleet of tactical wheeled vehicles, including— (A) light, medium, and heavy tactical wheeled vehicles; and (B) associated trailer and support equipment. (c) STRATEGY ELEMENTS.—Each strategy required by subsection (a) shall include the following: Time periods. Reports. 10 USC 7013 note. Certification. Compliance. Summary. Reports. Certification. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00032 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 167 PUBLIC LAW 118–31—DEC. 22, 2023 (1) A detailed program for the construction of light, medium, and heavy tactical wheeled vehicles for the Army over the period of five fiscal years following the date of the strategy. (2) A description of the necessary force structure and capabilities of tactical wheeled vehicles to meet the require- ments of the national security strategy described in subsection (b)(2). (3) The estimated levels of annual funding, by vehicle class, in both graphical and tabular form, necessary to carry out the program described in paragraph (1), together with a discus- sion of the procurement strategies on which such estimated levels of annual funding are based. (4) The estimated total cost of construction for each vehicle class used to determine the estimated levels of annual funding described in paragraph (3). (d) CONSIDERATIONS.—In developing each strategy required by subsection (a), the Secretary of the Army shall consider the following objectives and factors: (1) Objectives relating to protection, fleet operations, mis- sion command, mobility, and the industrial base. (2) Technological advances that are expected to increase efficiency of and reduce demand for tactical wheeled vehicles. (3) Technological advances that allow for the operation of tactical wheeled vehicles in a variety of climate and geographic conditions. (4) Existing commercial technologies such as vehicle elec- trification, autonomous capabilities, and predictive mainte- nance, among others. (5) The capabilities of autonomous equivalents to tactical wheeled vehicles. (e) BRIEFING REQUIREMENTS.—Not later than 15 days after each budget submission described in subsection (a), in conjunction with the submission of each strategy required by such subsection, the Secretary of the Army shall provide to the congressional defense committees a briefing that addresses the investment needed for each platform of tactical wheeled vehicle of the Army 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 briefing). SEC. 113. REPORT ON ACQUISITION STRATEGIES FOR THE LOGISTICS AUGMENTATION PROGRAM OF THE ARMY. (a) IN GENERAL.—The Secretary of the Army, in consultation with the Secretary of Defense and the commanders of the geographic combatant commands, shall conduct a review of the proposed recom- pete of the operational task orders of the geographic combatant commands under the LOGCAP V contract. (b) ELEMENTS.—The review required by subsection (a) shall include the following: (1) A business case analysis of the cost and operational benefit of recompeting the task orders described in subsection (a). (2) Input from stakeholders, including the Commanding General of Army Sustainment Command, the commanders of the geographic combatant commands, and the commanders of the Army Service Component Commands, on the desirability Analysis. Review. Deadline. Cost estimate. Funding estimate. Time period. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00033 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 168 PUBLIC LAW 118–31—DEC. 22, 2023 and operational effects of the proposed recompete described in subsection (a). (3) Detailed cost estimates and timelines, including pro- jected transition costs and timelines for the task orders described in subsection (a). (4) An assessment of the potential effects of the recompete described in subsection (a) on— (A) the quality and timing of the work performed under the task orders described in such subsection; and (B) the ability of the Army to transition to the LOGCAP VI contract, including any effects on the quality and timing of such transition. (5) An analysis of recompeting the task orders described in subsection (a) compared to transitioning directly to the LOGCAP VI contract instead of recompeting such task orders. (6) An overview of potential innovations and efficiencies derived from a competition for the LOGCAP VI contract. (7) An explanation of the benefit of recompeting the task orders described in subsection (a) compared to conducting an open competition for the LOGCAP VI contract instead of recom- peting such task orders. (8) A breakdown of any additional authorities needed to move directly to the LOGCAP VI contract instead of recom- peting the task orders described in subsection (a). (c) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army 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), including the results of the review with respect to each element specified in subsection (b). (d) DEFINITIONS.—In this section: (1) The term ‘‘LOGCAP V contract’’ means the contract for the logistics augmentation program of the Army that is due to expire in 2028. (2) The term ‘‘LOGCAP VI contract’’ means a successor contract for the logistics augmentation program of the Army that is expected to be entered into following the expiration of the LOGCAP V contract. Subtitle C—Navy Programs SEC. 121. MODIFICATION OF REQUIREMENTS FOR MINIMUM NUMBER OF CARRIER AIR WINGS OF THE NAVY. (a) MODIFICATION OF REQUIREMENTS.— (1) IN GENERAL.—Subsection (e) of section 8062 of title 10, United States Code, is amended to read as follows— ‘‘(e) The Secretary of the Navy shall ensure that— ‘‘(1) the Navy maintains a minimum of 9 carrier air wings; and ‘‘(2) for each such carrier air wing, the Navy maintains a dedicated and fully staffed headquarters.’’. (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect one year after the date on which the Secretary of the Navy submits to Congress the report required under subsection (b)(3). The Secretary of the Navy shall notify the Law Revision Counsel of the House of Representatives Notification. Reports. 10 USC 8062 note. Overview. Analysis. Assessment. Cost estimates. Timelines. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00034 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 169 PUBLIC LAW 118–31—DEC. 22, 2023 of the submission of the report so that the Law Revision Counsel may execute the amendment made by paragraph (1) in accordance with the preceding sentence. (b) ANALYSIS AND REPORT.— (1) IN GENERAL.—The Secretary of the Navy shall conduct an analysis of potential approaches to the manning, operation, and deployment of a 10th aircraft carrier and associated carrier air wing to determine how the Navy can mobilize such a carrier and air wing if required by operational needs. (2) ELEMENTS.—The analysis under paragraph (1) shall address the following: (A) The timeline associated with removing an aircraft carrier from each the following maintenance availability types: (i) Complex Overhaul. (ii) Selected Restricted Availability. (iii) Docking Selected Restricted Availability. (iv) Planned Incremental Availability. (v) Docking Planned Incremental Availability. (B) The potential for establishing a reserve component air wing capable of mobilization as a 10th carrier air wing. (C) The timeline for activation of such a reserve compo- nent carrier air wing. (D) The costs associated with establishing and maintaining a 10th active carrier air wing versus estab- lishing and maintaining a reserve component air wing as described in subparagraph (B). (E) The potential for deployment of a 10th aircraft carrier without a fully manned carrier air wing in the event the Navy only operates and crews 9 carrier air wings at the time deployment of a 10th aircraft carrier is required. (F) The potential for additional forward deployed squadrons that could support an aircraft carrier during theater operations that may not have a fully embarked air wing at the time of embarkation. (3) REPORT.—Following completion of the analysis required under paragraph (1), Secretary of the Navy shall submit to the congressional defense committees a report on the results of the analysis. SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT WATERBORNE SECURITY BARRIERS. Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1665), as most recently amended by section 123(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2443), is further amended by striking ‘‘through 2023’’ and inserting ‘‘through 2024’’. SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE PROGRAM. (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec- tion 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of not more than 13 Virginia class submarines. (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary of the Navy may enter into one or more contracts, beginning in Effective date. Costs. Timeline. Timeline. Determination. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00035 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 170 PUBLIC LAW 118–31—DEC. 22, 2023 fiscal year 2024, for advance procurement associated with the Vir- ginia class submarines for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the Virginia class submarine program, including procurement of— (1) long lead time material; or (2) material or equipment in economic order quantities when cost savings are achievable. (c) 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 2025 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. (d) LIMITATION ON TERMINATION LIABILITY.—A contract for the construction of Virginia class submarines entered into under sub- section (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the submarines covered by the contract regardless of the amount obligated under the contract. (e) VIRGINIA CLASS SUBMARINE DEFINED.—The term ‘‘Virginia class submarine’’ means a block VI configured Virginia class sub- marine. SEC. 124. PROCUREMENT AUTHORITY FOR AUXILIARY PERSONNEL LIGHTER PROGRAM. (a) CONTRACT AUTHORITY.—Beginning in fiscal year 2024, the Secretary of the Navy may enter into one or more contracts for the procurement of up to six Auxiliary Personnel Lighter class vessels and associated material. (b) LIABILITY.—Any contract entered into under subsection (a) shall provide that— (1) any obligation of the United States to make a payment under the contract is subject to the availability of appropria- tions for that purpose; and (2) the total liability of the Federal Government for termi- nation of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination. SEC. 125. LIMITATION ON REDUCTIONS TO V–22 AIRCRAFT NACELLE IMPROVEMENT PROGRAM. (a) LIMITATION.—Except as provided in subsection (b), the Sec- retary of Defense shall upgrade not fewer than 24 V–22 aircraft under the V–22 nacelle improvement program in accordance with the plan for such program set forth in the budget of the President for fiscal year 2024 (as submitted to Congress under section 1105(a) of title 31, United States Code). (b) EXCEPTION.—The Secretary of Defense may reduce the number of aircraft upgraded under subsection (a) below 24 if the Secretary certifies to the congressional defense committees that such reduction is in the interests of national security. SEC. 126. LIMITATION ON CONSIDERATION OF GOVERNMENT-OPER- ATED DRY DOCKS IN CERTAIN CONTRACT SOLICITATIONS. (a) IN GENERAL.—With respect to a solicitation of the Secretary of the Navy for the award of a contract for private sector non- nuclear surface ship maintenance in San Diego, California, the California. Certification. Payments. Effective date. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00036 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 171 PUBLIC LAW 118–31—DEC. 22, 2023 Secretary shall ensure, in accordance with section 2466 of title 10, United States Code, that Government-operated dry docks are only included in such solicitation if there is insufficient capacity at privately-operated dry docks for performance of such contract. (b) APPLICABILITY AND TERMINATION.—The prohibition under subsection (a) shall apply with respect to solicitations for contracts issued after the date of the enactment of this Act and shall termi- nate on the date that is five years after such date of enactment. SEC. 127. ANNUAL REPORTS ON USE OF GOVERNMENT DOCKS FOR SHIP REPAIR AND MAINTENANCE. Not later than June 30, 2024, and on an annual basis thereafter through 2028, the Secretary of the Navy shall submit to the congres- sional defense committees a report that— (1) identifies each instance in the year preceding the date of the report in which the Navy used a Government dock for a ship repair and maintenance availability when sufficient capacity was available in private docks during the period in which such repairs and maintenance were expected to be per- formed; and (2) for each such instance, provides an explanation of the reasons the Navy used a Government dock rather than a private dock. Subtitle D—Air Force Programs SEC. 131. LIMITATION ON RETIREMENT OF F–15 AIRCRAFT AND MODI- FICATION OF RELATED REPORTING REQUIREMENT. (a) LIMITATION.—Section 9062 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(l)(1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2029, the Secretary of the Air Force may not— ‘‘(A) retire more than 68 F–15E aircraft; ‘‘(B) reduce funding for unit personnel or weapon system sustainment activities for retained F–15E aircraft in a manner that presumes future congressional authority to divest such aircraft; or ‘‘(C) keep an F–15E aircraft (other than an aircraft identified for retirement under subparagraph (A)) in a status considered excess to the requirements of the pos- sessing command and awaiting disposition instructions (commonly referred to as ‘XJ’ status). ‘‘(2) The prohibition under paragraph (1) shall not apply to individual F–15E aircraft that the Secretary of the Air Force deter- mines, 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.’’. (b) MODIFICATION TO REPORT REQUIRED BEFORE DIVESTMENT.— Section 150 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2456) is amended— (1) in subsection (b)(1)— Determination. Time period. Time period. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00037 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 172 PUBLIC LAW 118–31—DEC. 22, 2023 (A) in subparagraph (C)(ii), by striking ‘‘and’’ at the end; (B) in subparagraph (D), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following new subpara- graph: ‘‘(E) for each F–15E aircraft that the Secretary plans to divest, a description of— ‘‘(i) each upgrade and modification made to such aircraft, including— ‘‘(I) the date of the upgrade or modification; and ‘‘(II) the cost of such upgrade or modification in current year dollars; and ‘‘(ii) the estimated remaining service-life (expressed as equivalent flight hours and years) of— ‘‘(I) the aircraft; and ‘‘(II) the onboard systems of the aircraft.’’; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new sub- section (c): ‘‘(c) ANNUAL UPDATES.—Not later than October 1, 2024, and not later than October 1 of each year thereafter through 2029, the Secretary of the Air Force shall— ‘‘(1) update the report required under subsection (b); and ‘‘(2) submit the updated report to the congressional defense committees.’’. (c) CLARIFICATION OF RELATIONSHIP BETWEEN LIMITATIONS.— The authority of the Secretary of the Air Force to retire F–15E aircraft to the extent allowed under subsection (l)(1)(A) of section 9062 of title 10, United States Code (as added by subsection (a) of this section) shall not apply until the Secretary complies with the requirements of section 150 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117– 263; 136 Stat. 2456) (as amended by subsection (b) of this section). SEC. 132. LIMITATIONS AND MINIMUM INVENTORY REQUIREMENT RELATING TO RQ–4 AIRCRAFT. Section 9062 of title 10, United States Code, as amended by section 131, is further amended by adding at the end the following new subsection: ‘‘(m)(1) During the period beginning on the date of the enact- ment of the National Defense Authorization Act for Fiscal Year 2024 and ending on September 30, 2028, the Secretary of the Air Force may not— ‘‘(A) retire an RQ–4 aircraft; ‘‘(B) reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that pre- sumes future congressional authority to divest such aircraft; ‘‘(C) keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as ‘XJ’ status); or ‘‘(D) decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft. Time period. Compliance. 10 USC 9062 note. Deadlines. Time period. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00038 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 173 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(2) The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force deter- mines, 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.’’. SEC. 133. TEMPORARY EXCEPTION TO MINIMUM INVENTORY REQUIRE- MENT FOR FIGHTER AIRCRAFT OF THE AIR FORCE. (a) TEMPORARY AUTHORITY.—Notwithstanding section 9062(i)(1) of title 10, United States Code, during the covered period, the Secretary of the Air Force may decrease the total quantity of fighter aircraft in the primary mission aircraft inventory of the Air Force to not fewer than 1,112 aircraft. (b) TERMINATION.—Following expiration of the covered period, the minimum primary mission aircraft inventory requirements specified in section 9062(i)(1) of title 10, United States Code, shall apply as if this section had not been enacted. (c) DEFINITIONS.—In this section: (1) The term ‘‘covered period’’ means the period beginning on the date of the enactment of this Act and ending on October 1, 2024. (2) The terms ‘‘fighter aircraft’’ and ‘‘primary mission air- craft inventory’’ have the meanings given those terms in section 9062(i)(2) of title 10, United States Code. SEC. 134. MODIFICATION OF MINIMUM INVENTORY REQUIREMENTS FOR C–130 AIRCRAFT. (a) MINIMUM INVENTORY REQUIREMENT.—Section 146(a)(3)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2455) is amended by striking ‘‘2023’’ and inserting ‘‘2024’’. (b) 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 (Public Law 117–263; 136 Stat. 2455) is amended by striking ‘‘fiscal year 2023’’ and inserting ‘‘fiscal years 2023 and 2024’’. SEC. 135. MODIFICATION OF ANNUAL REPORTS ON T–7A ADVANCED PILOT TRAINING SYSTEM. Section 156 of the James M. Inhofe National Defense Authoriza- tion Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2460) is amended— (1) in subsection (a), by striking ‘‘through 2028’’ and inserting ‘‘through 2033’’; and (2) in subsection (b)— (A) by redesignating paragraph (9) as paragraph (11); and (B) by inserting after paragraph (8) the following new paragraphs: ‘‘(9) A schedule risk assessment, conducted by the Secretary of the Air Force at the 80 percent confidence level, that includes risks associated with the overlap of the development, testing, and production phases of the program and risks related to contractor management. ‘‘(10) A plan for determining the conditions under which the Secretary of the Air Force may accept production work Plan. Risk assessment. Applicability. Determination. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00039 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 174 PUBLIC LAW 118–31—DEC. 22, 2023 on the T–7A Advanced Pilot Training System that was com- pleted by the contractor for the program in anticipation of the Air Force ordering additional systems, but which was not subject to typical production oversight because there was no contract for the procurement of such additional systems in effect when such work was performed.’’. SEC. 136. MODIFICATION TO PROHIBITION ON CERTAIN REDUCTIONS TO B–1 BOMBER AIRCRAFT SQUADRONS. Section 133 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1574) is amended— (1) by amending subsection (b) to read as follows: ‘‘(b) EXCEPTIONS.—The prohibition under subsection (a) shall not apply— ‘‘(1) to a bomb wing for which the Secretary of the Air Force has commenced the process of replacing B–1 bomber aircraft with B–21 bomber aircraft; or ‘‘(2) so as to prohibit the retirement of the individual B– 1 aircraft designated 85–0089, which has been determined by Secretary of the Air Force to be no longer mission capable and uneconomical to repair due to damage sustained on April 20, 2022.’’; and (2) in subsection (c)(1), by striking ‘‘and ending on Sep- tember 30, 2023’’ and inserting ‘‘and ending on September 30, 2026’’. SEC. 137. MODIFICATION OF MINIMUM INVENTORY REQUIREMENTS FOR A–10 AIRCRAFT. (a) IN GENERAL.—Section 134(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038), as amended by section 141(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2452), is amended by striking ‘‘153 A–10 aircraft’’ and inserting ‘‘135 A–10 aircraft’’. (b) POTENTIAL TRANSFER OF CERTAIN AIRCRAFT.—In the case of any A–10 aircraft that is retired, prepared to retire, or placed in storage using funds authorized to be appropriated by this Act or by the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), the Secretary of Defense shall ensure that such aircraft is evaluated for potential transfer to the military forces of a nation that is an ally or partner of the United States. (c) REPEAL.—Section 142 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 755) is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) through (e) as sub- sections (b) through (d), respectively; and (3) in subsection (c), as so redesignated, by striking ‘‘sub- section (c)’’ and inserting ‘‘subsection (b)’’. SEC. 138. PROCUREMENT AUTHORITY FOR OVER-THE-HORIZON RADAR SYSTEMS. (a) IN GENERAL.—As soon as practicable after the date of the enactment of this Act, the Secretary of the Air Force shall seek to enter into one or more contracts for the procurement of up to six over-the-horizon radar systems that meet the requirements of the United States Northern Command with respect to the detec- tion of increasingly complex threats. Evaluation. Determination. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00040 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 175 PUBLIC LAW 118–31—DEC. 22, 2023 (b) USE OF COMPETITIVE PROCEDURES AND SOLE-SOURCE CON- TRACTS.— (1) INITIAL CONTRACTS.—With respect to the award of a contract for the procurement of the first two over-the-horizon radar systems under subsection (a)— (A) the Secretary of the Air Force may use procedures other than competitive procedures (in accordance with sec- tion 3204 of title 10, United States Code) if the Secretary determines it is not feasible to use competitive procedures; and (B) if the Secretary makes a determination to award a sole source contract for such procurement in order to meet the requirements established by the Commander of the United States Northern Command, not later than 14 days after making such determination, the Secretary shall submit to the congressional defense committees a notifica- tion of such determination, including the rationale for such determination. (2) SUBSEQUENT CONTRACTS.—The Secretary of the Air Force shall use competitive procedures for the award of a contract for the procurement of the third and any subsequent over-the-horizon radar systems under subsection (a). (3) COMPETITIVE PROCEDURES DEFINED.—In this section, the term ‘‘competitive procedures’’ has the meaning given that term in section 3012 of title 10, United States Code. SEC. 139. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF KC–135 AIRCRAFT. (a) PROHIBITION.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obli- gated or expended to retire, or prepare to retire, a KC–135 aircraft. (b) EXCEPTION.—The prohibition under subsection (a) shall not apply to individual KC–135 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. SEC. 140. PROHIBITION ON REDUCTION OF KC–135 AIRCRAFT IN PMAI OF THE RESERVE COMPONENTS. (a) PROHIBITION.—None of the funds authorized to be appro- priated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission air- craft inventory within the reserve components of the Air Force. (b) PRIMARY MISSION AIRCRAFT INVENTORY DEFINED.—In this section, the term ‘‘primary mission aircraft inventory’’ has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code. SEC. 141. LIMITATION ON ISSUANCE OF ACQUISITION STRATEGY FOR THE KC–135 RECAPITALIZATION PROGRAM. The Secretary of the Air Force may not issue an acquisition strategy for the KC–135 recapitalization program until the date on which the Secretary submits to the congressional defense committees the following documentation: Determination. Deadline. Notification. Determination. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00041 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 176 PUBLIC LAW 118–31—DEC. 22, 2023 (1) An updated tanker roadmap timeline to include procure- ment of the Next Generation Air Refueling System. (2) The business case analysis of the Air Force for the KC–135 recapitalization program. (3) Validated requirements from the Joint Staff for the contract competition under the KC–135 recapitalization pro- gram. SEC. 142. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF E–3 AIRBORNE WARNING AND CONTROL SYSTEM AIR- CRAFT. (a) PROHIBITION.—Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or in backup aircraft inventory any E–3 aircraft if such actions would reduce the total aircraft inventory of such aircraft below 16. (b) EXCEPTION FOR PLAN.—If the Secretary of the Air Force submits to the congressional defense committees a plan for maintaining readiness and ensuring there is no lapse in mission capabilities, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory of E–3 aircraft to below 16, beginning 30 days after the date on which the plan is so submitted. (c) EXCEPTION FOR E–7 PROCUREMENT.—If the Secretary of the Air Force procures enough E–7 Wedgetail aircraft to accomplish the required mission load, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory of E–3 aircraft to below 16 after the date on which such E–7 Wedgetail aircraft are delivered. SEC. 143. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMI- NATION OF PRODUCTION LINES FOR THE HH–60W AIR- CRAFT. None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obligated or expended to terminate the operations of, or to prepare to terminate the operations of, a production line for HH–60W Combat Rescue Helicopters. SEC. 144. LIMITATION ON RETIREMENT OF F–16C/D AIRCRAFT. (a) LIMITATION.—Beginning on the date of the enactment of this Act and except as provided in subsection (b), the Secretary of the Air Force may not retire, prepare to retire, or place in storage or on backup aircraft inventory status any F–16C/D aircraft until a period of 180 days has elapsed following the date on which the Secretary submits the report required under section 148. (b) EXCEPTION.—The limitation under subsection (a) shall not apply to individual F–16C/D 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. (c) INFORMATION TO CONGRESS.—For each F–16C/D aircraft that the Secretary of the Air Force proposes to retire in a fiscal year, the Secretary shall include, in the materials submitted by the Secretary in support of the budget of the President for that Determination. Effective date. Time period. Reports. Effective date. Requirements. Analysis. Update. Timeline. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00042 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 177 PUBLIC LAW 118–31—DEC. 22, 2023 fiscal year (as submitted to Congress under section 1105(a) of title 31, United States Code), a description of— (1) each upgrade and modification made to such aircraft, including— (A) the date of the upgrade or modification; and (B) the cost of such upgrade or modification in current year dollars; and (2) the estimated remaining service-life (expressed as equivalent flight hours and years) of— (A) the aircraft; and (B) the onboard systems of the aircraft. SEC. 145. LIMITATION ON PROCUREMENT OF KC–46A AIRCRAFT. (a) LIMITATION.—The Secretary of the Air Force may not pro- cure more than six KC–46A aircraft under the final lot of the covered contract unless— (1)(A) the Secretary submits to the congressional defense committees written notice of the intent of the Secretary to procure more than six KC–46A aircraft under the final lot of the covered contract; and (B) a period of 180 days has elapsed following the date on which such notice was submitted; or (2) the Secretary submits to the congressional defense committees written certification by the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics that— (A) there are validated needs of the Air Force requiring the procurement more than six KC–46A aircraft under the final lot of the covered contract; and (B) cost estimates are complete for the long-term sustainment of any additional aircraft planned to be pro- cured. (b) COVERED CONTRACT DEFINED.—In this section, the term ‘‘covered contract’’ means the contract for the procurement of KC– 46A aircraft entered into between the Department of the Air Force and the Boeing Company that is in effect as of the date of the enactment of this Act. SEC. 146. LIMITATION ON ACTIONS RELATING TO REMOTE VISION SYS- TEMS OF KC–46A AIRCRAFT. (a) LIMITATION.—The Secretary of the Air Force may not take any action described in subsection (b) until the date on which the Secretary certifies to the Committees on Armed Services of the Senate and the House of Representatives that— (1) the Secretary has identified a solution to fix the remote vision systems of KC–46A aircraft; and (2) such solution resolves all issues identified in the cat- egory 1 deficiency reports for such systems, except for issues relating to the panoramic system. (b) ACTIONS DESCRIBED.—The actions described in this sub- section are the following: (1) Approving the incorporation of version 2.0 of the KC– 46A remote vision system into production aircraft (other than an aircraft specifically used to test and validate that version of the system). (2) Retrofitting aircraft with version 2.0 of the KC–46A remote vision system (other than an aircraft specifically used to test and validate that version of the system). Certification. Cost estimates. Certification. Time period. Notice. Estimate. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00043 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 178 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 147. LIMITATION ON RETIREMENT OF T–1A TRAINING AIRCRAFT. The Secretary of the Air Force may not retire, prepare to retire, or place in storage or on backup aircraft inventory status any T–1A training aircraft until the date on which the Secretary submits to the congressional defense committees— (1) a certification indicating that the Secretary has com- pleted the full, fleet-wide implementation of the Undergraduate Pilot Training curriculum (formerly known as the ‘‘Under- graduate Pilot Training 2.5’’ curriculum); and (2) a written assessment of— (A) the effect of the implementation of the Under- graduate Pilot Training curriculum on the availability and training completion rates of undergraduate pilot trainees; and (B) how the retirement of T–1A training aircraft may affect programs and initiatives of the Air Force to accelerate the rate at which pilots complete training. SEC. 148. PLAN FOR LONG-TERM AIR FORCE FIGHTER FORCE STRUC- TURE. (a) PLAN REQUIRED.—The Secretary of the Air Force, in con- sultation with the Director of the Air National Guard and the Commander of the Air Force Reserve, shall develop a long-term tactical fighter force structure, recapitalization, training, and sustainment plan for the active and reserve components of the Air Force. (b) ELEMENTS.—The plan under subsection (a) shall address each of the following: (1) The appropriate mix of tactical fighter aircraft force structure, with accompanying operational risk analyses, required for the Secretary of the Air Force to meet expected steady-state, global force management allocation plans and geo- graphical combatant commander contingency operational plans tasked to the Air Force using active and reserve component units. (2) The procurement, divestment, unit activation, deactiva- tion, or re-missioning plans or actions the Secretary plans to implement, fiscal year-by-fiscal year, unit-by-unit, for the next 12 years for each active and reserve component tactical fighter aircraft unit existing as of the date of the enactment of this Act, including the rationale and justification for any such plans or actions. (3) The actions the Secretary will take to ensure that required operational readiness rates are maintained during any planned recapitalization, modernization, or change of mis- sion affecting tactical fighter aircraft units. (4) Any plans of the Secretary to augment or supplant existing piloted tactical fighter aircraft capability or capacity with Collaborative Combat Aircraft Increment 1 or Increment 2 capability or capacity. (5) Any plans of the Secretary to augment or supplant existing piloted tactical fighter aircraft training events via acquisition and fielding of common, joint, all-domain, high- fidelity synthetic simulation environments. (c) REPORT.—Not later than April 1, 2024, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the plan developed under subsection (a). Time period. Analyses. Assessment. Certification. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00044 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 179 PUBLIC LAW 118–31—DEC. 22, 2023 (d) FORM OF REPORT.—The report required under subsection (c) shall be submitted in unclassified form, but may contain a classified annex. Subtitle E—Defense-wide, Joint, and Multiservice Matters SEC. 151. ANNUAL REPORT ON FORCE STRUCTURE CHANGES EXHIBIT FOR THE DEFENSE BUDGET. Chapter 9 of title 10, United States Code, is amended by inserting after section 233 the following new section: ‘‘§ 233a. Annual report on force structure changes exhibit for the defense budget ‘‘(a) ANNUAL REPORT.—Not later than 10 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, the Secretary of Defense shall submit to the congressional defense committees a report on any major weapon systems proposed to be divested, re-prioritized, or retired in such budget. ‘‘(b) CONTENTS.—Each report under subsection (a) shall include the following: ‘‘(1) Identification of each major weapon system the Sec- retary of Defense proposes to divest, re-prioritize, or retire in the period of five fiscal years following the date of the report. ‘‘(2) Budget line-item details related to each major weapon system identified under paragraph (1). ‘‘(3) For each proposed divestment, re-prioritization, or retirement, an explanation of— ‘‘(A) the timeline for the divestment, re-prioritization, or retirement, including any factors that may affect such timelines positively or negatively; ‘‘(B) any cost savings associated with the divestment, re-prioritization, or retirement; ‘‘(C) the rationale for the divestment, re-prioritization, or retirement, including a qualitative description of the risk associated with the divestment, re-prioritization, or retirement based on the most recent National Defense Strategy (as of the date of the report); ‘‘(D) any critical dependencies with other program efforts that might affect the timeline for such divestment, reprioritization, or retirement; ‘‘(E) the expected disposition of the weapon system after divestment, re-prioritization or retirement; and ‘‘(F) identification of the system or systems that are expected to satisfy the military requirements that were fulfilled by the weapon system once the divestment, re- prioritization, or retirement of that weapon system is com- pleted. ‘‘(c) RELATIONSHIP TO OTHER REPORTS.—The Secretary of Defense shall ensure that the report required under subsection (a) is deconflicted with the report required under section 222e of this title. Timeline. Time period. 10 USC 233a. 10 USC prec. 221. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00045 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 180 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(d) MAJOR WEAPON SYSTEM DEFINED.—In this section, the term ‘major weapon system’ has the meaning given that term in section 3455(f) of this title.’’. SEC. 152. MULTIYEAR PROCUREMENT AUTHORITY FOR DOMESTI- CALLY PROCESSED CRITICAL MINERALS. (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec- tion 3501 of title 10, United States Code, and from amounts made available by discretionary appropriations Acts from the National Defense Stockpile Transaction Fund (as established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a))) after the date of the enactment of this Act, the Secretary of Defense may enter into one or more multiyear contracts for the procurement of critical minerals that are processed in the United States by domestic sources. (b) APPLICATION OF STRATEGIC AND CRITICAL MATERIALS STOCK PILING ACT.—A multiyear contract entered into under this section shall be deemed to be an acquisition under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary of Defense may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the domestically processed critical minerals for which authorization to enter into a multiyear procurement contract is provided under subsection (a). (d) 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 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. (e) DEFINITIONS.—In this section: (1) The term ‘‘critical mineral’’ means a mineral determined to be a strategic and critical material under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)). (2) The term ‘‘processed’’ means the processing or recycling of a critical mineral or magnet, including the separation, reduc- tion, metallization, alloying, milling, pressing, strip casting, and sintering of a critical mineral. (3) The term ‘‘domestic source’’ has the meaning given that term in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552). SEC. 153. PROHIBITION ON SOLICITATION OF PROPRIETARY ARMOR FOR CERTAIN TACTICAL VEHICLES. (a) PROHIBITION.—The Secretary of Defense may not include in a solicitation for a tactical tracked vehicle or tactical wheeled vehicle a requirement that such vehicle use proprietary armor. (b) APPLICABILITY.—Subsection (a) shall not apply to a contract for the procurement of a tactical tracked vehicle or tactical wheeled vehicle entered into before the date of the enactment of this Act. SEC. 154. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROCURE- MENT OF CERTAIN BATTERIES. (a) LIMITATION.—Beginning on October 1, 2027, none of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended to Effective date. 10 USC note prec. 4651. 10 USC note prec. 3201. Effective date. 50 USC 98e–2. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00046 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 181 PUBLIC LAW 118–31—DEC. 22, 2023 procure a battery produced by an entity specified in subsection (b). (b) ENTITIES SPECIFIED.—The entities specified in this sub- section are the following: (1) Contemporary Amperex Technology Company, Limited (also known as ‘‘CATL’’). (2) BYD Company, Limited. (3) Envision Energy, Limited. (4) EVE Energy Company, Limited. (5) Gotion High tech Company, Limited. (6) Hithium Energy Storage Technology company, Limited. (7) Any successor to an entity specified in paragraphs (1) through (6). (c) TREATMENT OF PRODUCTION.—For purposes of this section, a battery shall be treated as produced by an entity specified in subsection (b) if that entity— (1) assembles or manufactures the final product; or (2) creates or otherwise provides a majority of the compo- nents used in the battery. (d) WAIVER.—The Secretary of Defense may waive the limita- tion under subsection (a). TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Annual report on unfunded priorities of the Under Secretary of Defense for Research and Engineering. Sec. 212. Delegation of responsibility for certain research programs. Sec. 213. Modification to personnel management authority to attract experts in science and engineering. Sec. 214. Clarifying role of partnership intermediaries to promote defense research and education. Sec. 215. Naval Air Warfare Rapid Capabilities Office. Sec. 216. Modification of support for research and development of bioindustrial manufacturing processes. Sec. 217. Modification to administration of the Advanced Sensors Application Pro- gram. Sec. 218. Matters pertaining to hypersonic capabilities and testing strategies. Sec. 219. Improvements to defense quantum information science and technology re- search and development program. Sec. 220. Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research. Sec. 221. Support for protection of sensitive research performed on behalf of the Department of Defense. Sec. 222. Support to the Defence Innovation Accelerator for the North Atlantic. Sec. 223. Consortium on use of additive manufacturing for defense capability devel- opment. Sec. 224. Next Generation Air Dominance family of systems development program accountability matrices. Sec. 225. Continuous capability development and delivery program for F–35 air- craft. Sec. 226. F–35 propulsion and thermal management modernization program. Sec. 227. Establishment or expansion of University Affiliated Research Centers for critical materials. Sec. 228. Policies for management and certification of Link 16 military tactical data link network. Sec. 229. Rapid response to emergent technology advancements or threats. Sec. 230. Pilot program to commercialize prototypes of the Department of the Air Force. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00047 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 182 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 231. Pilot program on near-term quantum computing applications. Sec. 232. Pilot program to facilitate access to advanced technology developed by small businesses for ground vehicle systems of the Army. Sec. 233. Limitation on availability of funds pending documentation on Future At- tack Reconnaissance Aircraft program. Subtitle C—Energetics and Other Munitions Matters Sec. 241. Joint Energetics Transition Office. Sec. 242. Consideration of lethality in the analysis of alternatives for munitions. Sec. 243. Pilot program on incorporation of the CL20 compound in certain weapon systems. Sec. 244. Limitation on sourcing chemical materials for munitions from certain countries. Sec. 245. Defense industrial base munition surge capacity critical reserve. Subtitle D—Plans, Reports, and Other Matters Sec. 251. Congressional notification of changes to Department of Defense policy on autonomy in weapon systems. Sec. 252. Audit to identify diversion of Department of Defense funding to China’s research labs. Sec. 253. Annual review of status of implementation plan for digital engineering ca- reer tracks. Subtitle A—Authorization of Appropriations SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Department of Defense for research, develop- ment, test, and evaluation, as specified in the funding table in section 4201. Subtitle B—Program Requirements, Restrictions, and Limitations SEC. 211. ANNUAL REPORT ON UNFUNDED PRIORITIES OF THE UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING. Chapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section: ‘‘§ 222e. Unfunded priorities of the Under Secretary of Defense for Research and Engineering: annual report ‘‘(a) ANNUAL REPORT.—Not later than 10 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, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense related to activities for which the Under Secretary of Defense for Research and Engineering has authority. ‘‘(b) ELEMENTS.— ‘‘(1) IN GENERAL.—Except as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following: ‘‘(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). Summary. 10 USC 222e. 10 USC prec. 221. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00048 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 183 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A). ‘‘(C) Account information with respect to such priority, including the following (as applicable): ‘‘(i) Line Item Number (LIN) for applicable procure- ment accounts. ‘‘(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. ‘‘(2) PRIORITIZATION OF PRIORITIES.—The report under sub- section (a) shall present the unfunded priorities covered by such report in order of urgency of priority. ‘‘(c) EXCLUSION OF PRIORITIES COVERED IN OTHER REPORTS.— The report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under— ‘‘(1) section 222a or 222b of this title; or ‘‘(2) section 2806 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 222a note). ‘‘(d) FORM OF REPORT.—Each report submitted under subsection (a) shall be submitted in classified form, but may include an unclassified summary as the Secretary considers appropriate. ‘‘(e) UNFUNDED PRIORITY DEFINED.—In this section, the term ‘unfunded priority’, in the case of a fiscal year, means a program, activity, or mission requirement, that— ‘‘(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and ‘‘(2) would have been recommended for funding through that budget if— ‘‘(A) additional resources had been available for the budget to fund the program, activity, or mission require- ment; or ‘‘(B) the program, activity, or mission requirement has emerged since the budget was formulated.’’. SEC. 212. DELEGATION OF RESPONSIBILITY FOR CERTAIN RESEARCH PROGRAMS. Section 980(b) of title 10, United Stated Code, is amended— (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and (2) by adding at the end the following new paragraph: ‘‘(2) The Secretary may delegate the authority provided by paragraph (1) to the Under Secretary of Defense for Research and Engineering.’’. SEC. 213. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND ENGINEERING. Section 4092(b) of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking ‘‘, of which not more than 5 such positions may be positions of administration or management of the Agency’’; and (2) by amending paragraph (4) to read as follows: ‘‘(4) during any fiscal year— ‘‘(A) pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and reloca- tion expenses and services described under sections 5724, 5724a, and 5724c of title 5; and Classified information. Summary. Recommenda- tions. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00049 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 184 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(B) pay up to 15 individuals previously appointed pursuant to such paragraph, upon separation, the travel, transportation, and relocation expenses and services described under such sections (as applicable).’’. SEC. 214. CLARIFYING ROLE OF PARTNERSHIP INTERMEDIARIES TO PROMOTE DEFENSE RESEARCH AND EDUCATION. Section 4124(f)(2) of title 10, United States Code, is amended— (1) by striking ‘‘that assists’’ and inserting the following: ‘‘that— ‘‘(A) assists’’; (2) in subparagraph (A), as designated by paragraph (1), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: ‘‘(B) facilitates technology transfer from industry or aca- demic institutions to a Center; or ‘‘(C) assists and facilitates workforce development in critical technology areas for technology transition activities to fulfill unmet needs of a Center.’’. SEC. 215. NAVAL AIR WARFARE RAPID CAPABILITIES OFFICE. Chapter 803 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 8029. Naval Air Warfare Rapid Capabilities Office ‘‘(a) ESTABLISHMENT.—There is established within the Depart- ment of the Navy an office to be known as the Naval Air Warfare Rapid Capabilities Office (in this section referred to as the ‘Office’). ‘‘(b) HEAD OF OFFICE.—The head of the Office shall be the designee of the Commander of the Naval Air Systems Command. ‘‘(c) MISSION.—The mission of the Office shall be— ‘‘(1) to fulfill naval and joint military operational require- ments by supporting the identification and rapid development of— ‘‘(A) new naval aviation weapons and airborne elec- tronic warfare capabilities; ‘‘(B) innovative applications for existing naval aviation weapons and airborne electronic warfare capabilities; and ‘‘(C) other innovative solutions to enhance the effective- ness of naval aviation weapons and airborne electronic warfare capabilities; and ‘‘(2) to contribute to the rapid experimentation, develop- ment, testing, and fielding of unclassified and classified naval aviation weapons and airborne electronic warfare capabilities. ‘‘(d) ACQUISITION AUTHORITIES.— ‘‘(1) IN GENERAL.—To procure goods or services for the Office, the senior contracting official (as defined in section 1737 of this title) and any members of the acquisition workforce for the Department of the Navy may use— ‘‘(A) any applicable pathway of the adaptive acquisition framework (as described in Department of Defense Instruc- tion 5000.02, ‘Operation of the Adaptive Acquisition Frame- work’); and ‘‘(B) any other alternative acquisition pathway that allows for accelerated or flexible methods of contracting. 10 USC 8029. 10 USC prec. 8011. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00050 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 185 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(2) INAPPLICABILITY OF JCIDS.—The Joint Capabilities Integration and Development System process shall not apply to procurements described in paragraph (1). ‘‘(e) REQUIRED PROGRAM ELEMENTS.—The Secretary of the Navy shall ensure, within budget program elements for naval air warfare programs, that— ‘‘(1) there are separate, dedicated program elements for naval air warfare rapid capabilities; and ‘‘(2) the Office executes the responsibilities of the Office using such program elements. ‘‘(f) EXECUTIVE OVERSIGHT BOARD.— ‘‘(1) IN GENERAL.—There is an executive oversight board for the Office which shall consist of the officials specified in paragraph (2). The executive oversight board shall provide prioritization, oversight, and approval of projects of the Office. ‘‘(2) OFFICIALS SPECIFIED.—The officials specified in this paragraph are the following: ‘‘(A) The Vice Chief of Naval Operations. ‘‘(B) The Assistant Commandant of the Marine Corps. ‘‘(C) The Assistant Secretary of the Navy for Research, Development and Acquisition. ‘‘(D) The Commander of the Naval Air Systems Com- mand. ‘‘(g) ANNUAL REPORTS AND BRIEFINGS.— ‘‘(1) REPORT.—On an annual basis, the head of the Office shall submit to the executive oversight board described in sub- section (f) a report on the activities of the Office. ‘‘(2) BRIEFING.—On an annual basis following the submittal of the report under paragraph (1), the Assistant Secretary of the Navy for Research, Development and Acquisition shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Office. ‘‘(3) ELEMENTS.—Each report under paragraph (1) and briefing under paragraph (2) shall include, with respect to the year preceding the date of the report or briefing (as applicable), a description of— ‘‘(A) funding allocations for the projects of the Office; ‘‘(B) capability gaps addressed by the Office; ‘‘(C) the progress of the Office in experimenting, devel- oping, testing, and fielding capabilities described in sub- section (c); and ‘‘(D) any barriers to the ability of the Office to carry out its mission, including any legislative or regulatory bar- riers.’’. SEC. 216. MODIFICATION OF SUPPORT FOR RESEARCH AND DEVELOP- MENT OF BIOINDUSTRIAL MANUFACTURING PROCESSES. Section 215(c)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4841 note) is amended by inserting ‘‘pharmaceutical biologics and associated precursor materials,’’ after ‘‘commodity chemicals,’’. SEC. 217. MODIFICATION TO ADMINISTRATION OF THE ADVANCED SENSORS APPLICATION PROGRAM. Section 218 of the James M. Inhofe National Defense Authoriza- tion Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2476) is amended— VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00051 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 186 PUBLIC LAW 118–31—DEC. 22, 2023 (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘The Commander of Naval Air Systems Command and the Director of Air Warfare shall jointly serve as the resource sponsors’’ and inserting ‘‘The Under Secretary of Defense for Intelligence and Security, acting through the Director of the Concepts, Development, and Management Office of the Air Force, shall serve as the resource sponsor’’; and (B) in paragraph (2), by striking ‘‘The resource sponsors of the Program shall be responsible’’ and inserting ‘‘The resource sponsor of the Program, in consultation with the Commander of Naval Air Systems Command, shall be responsible’’; (2) in subsection (b), by striking ‘‘Only the Secretary of the Navy, the Under Secretary of the Navy, and the Com- mander of Naval Air Systems Command may’’ and inserting ‘‘Only the Under Secretary of Defense for Intelligence and Secu- rity and the Director of the Concepts, Development, and Management Office of the Air Force, in consultation with the Commander of Naval Air Systems Command, may’’; and (3) in subsection (d)(3), by striking ‘‘exercised by the Com- mander of Naval Air Systems Command, the Secretary of the Navy, or the Under Secretary of the Navy’’ and inserting ‘‘exer- cised by the Under Secretary of Defense for Intelligence and Security, the Director of the Concepts, Development, and Management Office of the Air Force, or the Commander of Naval Air Systems Command’’. SEC. 218. MATTERS PERTAINING TO HYPERSONIC CAPABILITIES AND TESTING STRATEGIES. (a) BIENNIAL UPDATES TO HYPERSONICS TESTING STRATEGY.— Section 237(c) of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2492) is amended by adding at the end the following new paragraph: ‘‘(4) BIENNIAL UPDATES.— ‘‘(A) IN GENERAL.—Not less frequently than once every two years after the submittal of the initial strategy under paragraph (1), the Secretary of Defense shall— ‘‘(i) revise and update the strategy; and ‘‘(ii) submit the revised and updated strategy to the appropriate congressional committees. ‘‘(B) SUNSET.—The requirement to prepare and submit updates under this paragraph shall terminate on December 31, 2030.’’. (b) LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMITTAL OF STRATEGY.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024, and available for the Office of the Under Secretary of Defense for Research and Engineering for the travel of persons, not more than 90 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the strategy required under section 237(c)(1) of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2492). (c) EVALUATION OF POTENTIAL HYPERSONIC TEST RANGES.— (1) STUDY.—The Secretary of Defense shall conduct a study to evaluate not fewer than two possible locations in the United VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00052 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 187 PUBLIC LAW 118–31—DEC. 22, 2023 States, selected in consultation with the Under Secretary of Defense for Research and Engineering, that have potential to be used as additional corridors for long-distance hypersonic system testing. (2) ACTIVITIES UNDER NATIONAL ENVIRONMENTAL POLICY ACT.—Following the completion of the study under paragraph (1), the Secretary of Defense shall initiate any activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in connection with the conduct of long-distance hypersonic system testing at the locations evalu- ated under the study. (3) REPORT.—Not later than December 31, 2024, the Sec- retary of Defense shall submit to the congressional defense committees, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives a report on the results of the study conducted under paragraph (1). (d) ANNUAL REPORT ON FUNDING AND INVESTMENTS IN HYPERSONIC CAPABILITIES.— (1) IN GENERAL.—Not later than March 1, 2024, and not later than March 1 of each year thereafter through 2030, the Secretary of Defense shall submit to the congressional defense committees a report on the funding and investments of the Department of Defense relating to hypersonic capabilities, including any funding or investments with respect to the procurement, research, development, test, and evaluation, and operation and maintenance of offensive and defensive hypersonic weapons. (2) ELEMENTS.—Each report under paragraph (1) shall— (A) include cost data on the hypersonic capabilities of the Department of Defense, including vehicles, develop- mental and operational testing, hypersonic sensors, com- mand and control architectures, infrastructure, testing infrastructure, software, workforce, training, ranges, integration costs, and such other items as the Secretary of Defense considers appropriate; (B) to the extent applicable, for each item included in the report, identify whether such item relates to an offensive or defensive hypersonic capability; (C) with respect to any research and development activities covered by the report, identify— (i) the program element for the activity; (ii) the name of the entity that is carrying out the activity; and (iii) the purpose of the activity; and (D) to the extent applicable, with respect to any developmental ground and flight testing and operational test and evaluation activities covered by the report, iden- tify— (i) the program element for the activity; (ii) the name of the entity that is carrying out the activity; and (iii) the purpose of the activity. (3) FORM.—Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. Cost data. Time period. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00053 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 188 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 219. IMPROVEMENTS TO DEFENSE QUANTUM INFORMATION SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOP- MENT PROGRAM. Section 234 of the John S. McCain National Defense Authoriza- tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note) is amended— (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new sub- sections: ‘‘(f) FELLOWSHIPS.— ‘‘(1) PROGRAM AUTHORIZED.—In carrying out the program under subsection (a) and subject to the availability of appropria- tions to carry out this subsection, the Secretary may carry out a program of fellowships in quantum information science and technology research and development for individuals who have a graduate or postgraduate degree. ‘‘(2) EQUAL ACCESS.—In carrying out the program under paragraph (1), the Secretary may establish procedures to ensure that minority, geographically diverse, and economically dis- advantaged students have equal access to fellowship opportuni- ties under such program. ‘‘(g) MULTIDISCIPLINARY PARTNERSHIPS WITH UNIVERSITIES.— In carrying out the program under subsection (a), the Secretary of Defense may develop partnerships with universities to enable students to engage in multidisciplinary courses of study.’’. SEC. 220. APPLICATION OF PUBLIC-PRIVATE TALENT EXCHANGE PRO- GRAMS IN THE DEPARTMENT OF DEFENSE TO QUANTUM INFORMATION SCIENCES AND TECHNOLOGY RESEARCH. (a) IN GENERAL.—Using the authority provided under section 1599g of title 10, United States Code, the Secretary of Defense shall seek to establish public-private talent exchange programs with private-sector entities working on quantum information sciences and technology research applications. (b) MAXIMUM NUMBER OF PARTICIPANTS.—Each public-private talent exchange program established under subsection (a) may include not more than 10 program participants. (c) PROGRAM PARTICIPANT DEFINED.—For purposes of sub- section (b), the term ‘‘program participant’’ includes— (1) an employee of the Department of Defense who is assigned to a private-sector organization pursuant to subsection (a); and (2) an employee of a private-sector organization who is assigned to a Department of Defense organization pursuant to such subsection. SEC. 221. SUPPORT FOR PROTECTION OF SENSITIVE RESEARCH PER- FORMED ON BEHALF OF THE DEPARTMENT OF DEFENSE. (a) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, may enter into contracts or other agreements with one or more eligible entities to assist institutions of higher education in pro- tecting sensitive research performed on behalf of the Department of Defense. (b) ACTIVITIES.—An eligible entity that enters into a contract or other agreement with the Secretary of Defense under subsection (a) shall carry out activities to assist institutions of higher education Contracts. 10 USC note prec. 4141. 10 USC 1599g note. Procedures. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00054 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 189 PUBLIC LAW 118–31—DEC. 22, 2023 in protecting sensitive research performed on behalf of the Depart- ment of Defense. Such activities may include— (1) conducting effective due diligence in vetting visiting scholars; (2) assisting institutions in meeting applicable research security requirements, including through the use of common procedures and practices and shared infrastructure, as appro- priate; (3) providing training to employees and offices of the institution that have responsibilities relating to research secu- rity; and (4) providing advice and assistance to institutions in estab- lishing and maintaining research security programs. (c) CONSIDERATIONS.—In selecting an entity to receive a con- tract or other agreement under subsection (a), the Secretary of Defense shall consider the following: (1) Geographic diversity and the extent to which the entity is able to maximize coverage of different regions of the United States. (2) Any ratings of the entity made by the Defense Counter- intelligence and Security Agency as part of the Agency’s annual security vulnerability assessment ratings. (3) Whether and to what extent the entity uses best prac- tices for research security as outlined by the National Institute of Standards and Technology. (4) The entity’s demonstrated excellence in security pro- grams, including receipt of awards for excellence in counter- intelligence and outstanding achievement in industrial security. (d) PERFORMANCE METRICS.—The Secretary of Defense shall establish metrics to measure the performance of each entity with which the Secretary enters into a contract or other agreement under subsection (a). (e) NOTIFICATION AND REPORT.—For any year in which the Secretary of Defense exercises the authority provided under sub- section (a), the Secretary shall submit to the congressional defense committees a report that— (1) identifies each eligible entity with which the Secretary entered into a contract or other agreement under such sub- section; and (2) evaluates the performance of the entity. (f) ELIGIBLE ENTITY DEFINED.—In this section, the term ‘‘eligible entity’’ means— (1) an entity the Secretary of Defense determines to be eligible to participate in the activities authorized under this section; or (2) a consortium composed of two or more such entities. SEC. 222. SUPPORT TO THE DEFENCE INNOVATION ACCELERATOR FOR THE NORTH ATLANTIC. (a) AUTHORITY.—Subject to the availability of appropriations, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, is authorized to make avail- able not more than $15,000,000 for each of fiscal years 2024 through 2029 to the North Atlantic Treaty Organization for the joint fund established for the Defence Innovation Accelerator for the North Time periods. Determination. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00055 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 190 PUBLIC LAW 118–31—DEC. 22, 2023 Atlantic (DIANA) initiative (referred to in this section as the ‘‘Initia- tive’’) to sustain the participation of the United States in such initiative. (b) NOTIFICATION.— (1) IN GENERAL.—Not later than 15 days after each instance in which the Secretary of Defense provides funds to the Initia- tive pursuant to subsection (a), the Secretary, acting through the Under Secretary of Defense for Research and Engineering, shall submit to the appropriate congressional committees writ- ten notice that such funds were provided. (2) CONTENTS.—Each notification submitted under para- graph (1) shall include the following: (A) The total amount of funding provided under sub- section (a) together with a detailed breakdown showing the specific amounts and purposes for which such funds are intended to be used, if any. (B) The time period for which such funds are provided. (c) STRATEGY.— (1) IN GENERAL.—Not later than July 1, 2024, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall submit to the appropriate congressional committees a strategy for participation by the United States in the Initiative. (2) CONTENTS.—The strategy under paragraph (1) shall include the following: (A) A description of how the Initiative fits into the science, technology, and innovation activities of the North Atlantic Treaty Organization and how the Initiative is syn- chronized with and expected to interact with other science, technology, and innovation activities of the Department of Defense. (B) The anticipated funding profile for the Initiative 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 strategy). (C) Identification of key technology focus areas to be addressed each year under the Initiative across such period. (D) A description of any anticipated areas of expansion in the Initiative, including any anticipated expansion of the Initiative to or within key nodes or locations that have strategic value for national security and where there is also a significant presence of technology-oriented startup businesses. (E) A description of how the Initiative is expected to contribute to fostering the spread of innovation through- out the United States. (d) ANNUAL REPORT.—Not later than September 1, 2024, and not later than February 1 of each year thereafter through 2030, the Secretary of Defense shall submit to the congressional defense committees an annual report on— (1) the activities of the Initiative that were supported by the Department of Defense under subsection (a) in the year preceding the date of the report; and (2) any key milestones or other objectives that were achieved under the initiative in such year. Time period. Deadline. Deadline. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00056 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 191 PUBLIC LAW 118–31—DEC. 22, 2023 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘‘appropriate congressional committees’’ means— (1) the congressional defense committees; (2) the Committee on Foreign Affairs of the House of Rep- resentatives; and (3) the Committee on Foreign Relations of the Senate. SEC. 223. CONSORTIUM ON USE OF ADDITIVE MANUFACTURING FOR DEFENSE CAPABILITY DEVELOPMENT. (a) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordina- tion with the Secretaries of the military departments, shall establish a consortium to facilitate the use of additive manufacturing for the development of capabilities for the Department of Defense. The consortium shall be known as the ‘‘Consortium on Additive Manufacturing for Defense Capability Development’’ (referred to in this section as the ‘‘Consortium’’). (b) COMPOSITION.—The Consortium shall be composed of quali- fied organizations, selected by the Secretary of Defense, that have functions and expertise relevant to additive manufacturing. At a minimum, the Consortium shall include the following: (1) Representation from one or more science and technology reinvention laboratories (as designated under section 4121 of title 10, United States Code) from each of the military depart- ments, which may include— (A) from the Department of the Army— (i) the Combat Capabilities Development Com- mand, Army Research Laboratory; (ii) the Combat Capabilities Development Com- mand, Aviation and Missile Center; (iii) the Combat Capabilities Development Com- mand, Armaments Center; (iv) the Combat Capabilities Development Com- mand, Ground Vehicle Systems Center; (v) the Combat Capabilities Development Com- mand, Soldier Center; (vi) the Combat Capabilities Development Com- mand, Chemical Biological Center; (vii) the Combat Capabilities Development Com- mand, Command, Control, Communications, Com- puters, Cyber, Intelligence, Surveillance, and Recon- naissance Center; and (viii) the Space and Missile Defense Command, Technical Center; (ix) the Engineer Research and Development Center; (x) the Medical Research and Development Com- mand; and (xi) the Army Research Institute for the Behavioral and Social Sciences; (B) from the Department of the Navy— (i) the Naval Research Laboratory; (ii) the Office of Naval Research; (iii) the Naval Air Systems Command Warfare Centers; Deadline. 10 USC 4841 note. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00057 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 192 PUBLIC LAW 118–31—DEC. 22, 2023 (iv) the Naval Sea Systems Command Warfare Centers; (v) the Naval Facilities Engineering Command, Engineering and Expeditionary Warfare Center; (vi) the Naval Medical Research Center; and (vii) the Naval Information Warfare Centers, Atlantic and Pacific; and (C) from the Department of the Air Force— (i) the Air Force Research Laboratory; and (ii) the Joint Warfighting Analysis Center. (2) Representation from one or more maintenance, logistics, or sustainment organizations from each of the military depart- ments. (3) One or more organizations from private sector industry. (4) One or more institutions of higher education or other research institutions. (c) ACTIVITIES.—The Consortium shall— (1) facilitate the use of additive manufacturing— (A) to significantly reduce logistic footprints, material costs, and delivery lead-times; and (B) to extended logistical supply chain dependencies that often challenge weapon system readiness for forward deployed warfighters; (2) develop standards and a certification process for the use of additive manufacturing in safety-critical applications, including additive material and part certification requirements for additive manufactured items intended for use in military vehicles; (3) evaluate, adapt, or apply the standards developed in the commercial sector, or new process approaches for additive manufacturing that may be of use to the Department of Defense; (4) as directed by an organization of the Department of Defense included in the Consortium, conduct reverse engineering (including testing and certification) for critical parts which may have limited sources of supply; (5) use data standards, common repositories, and informa- tion security to track, store, and secure technical data relating to additive manufacturing and ensure the interoperability of such data; and (6) conduct comparative cost analyses for new and emerging additive manufacturing approaches, including assessments of life-cycle costs for tooling, training, and intellectual property needed to sustain such approaches. SEC. 224. NEXT GENERATION AIR DOMINANCE FAMILY OF SYSTEMS DEVELOPMENT PROGRAM ACCOUNTABILITY MATRICES. (a) SUBMITTAL OF MATRICES.—Concurrent with the submission of the budget of the President to Congress pursuant to section 1105(a) of title 31, United States Code, for fiscal year 2025— (1) the Secretary of the Air Force shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in subsection (b) relating to the Next Generation Air Dominance piloted fighter aircraft and the autonomous, uncrewed Collaborative Combat Aircraft programs of the Air Force; and Analyses. Assessments. Evaluation. Standards. Certification process. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00058 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 193 PUBLIC LAW 118–31—DEC. 22, 2023 (2) the Secretary of the Navy shall submit to the congres- sional defense committees and the Comptroller General of the United States the matrices described in subsection (b) relating to the Next Generation Air Dominance piloted fighter aircraft and the autonomous, uncrewed Collaborative Combat Aircraft programs of the Navy and the Marine Corps. (b) MATRICES DESCRIBED.—The matrices described in this sub- section are the following: (1) ENGINEERING MANUFACTURING AND DEVELOPMENT GOALS.—A matrix that identifies, in six month increments, key milestones, development and testing events, and specific performance goals for the engineering manufacturing and development phase (referred to in this section as the ‘‘EMD phase’’) of the programs described in subsection (a), and which shall be subdivided, at a minimum, according to the following: (A) Technology readiness levels of major components and subsystems and key demonstration and testing events. (B) Design maturity. (C) Software maturity. (D) Subsystem and system-level integration maturity. (E) Manufacturing readiness levels for critical manu- facturing operations and key demonstration and testing events. (F) Manufacturing operations. (G) System verification, validation, and key flight test events. (H) Reliability. (I) Availability for flight operations. (J) Maintainability. (2) COST.—A matrix expressing, in six month increments, the total cost for the Secretary’s service cost position for the EMD phase and low initial rate of production lots of the pro- grams described in subsection (a) and a matrix expressing the total cost for the prime contractor’s estimate for such EMD phase and production lots, both of which shall be phased over the entire EMD period and subdivided according to the costs of the following: (A) Air vehicle. (B) Propulsion. (C) Mission systems. (D) Vehicle subsystems. (E) Air vehicle software. (F) Systems engineering. (G) Program management. (H) System test and evaluation. (I) Support and training systems. (J) Contract fee. (K) Engineering changes. (L) Direct mission support, including Congressional General Reductions. (M) Government testing. (N) Ancillary aircraft equipment. (O) Initial spares. (P) Contractor support. (Q) Modifications. (c) SEMIANNUAL UPDATE OF MATRICES.— Time periods. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00059 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 194 PUBLIC LAW 118–31—DEC. 22, 2023 (1) IN GENERAL.—Each Secretary concerned shall submit to the congressional defense committees and the Comptroller General of the United States updates to the matrices described in subsection (b) as follows: (A) The first update shall be submitted not later than 180 days after the date on which the Secretaries concerned submit the initial matrices as required by subsection (a). (B) Following the first update under paragraph (1), additional updates shall be submitted— (i) 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 fiscal year; and (ii) not later than 180 days after each such sub- mittal. (2) ELEMENTS.—Each update submitted under paragraph (1) shall detail progress made toward the goals identified in the matrix described in subsection (b)(1) and provide updated cost estimates as described in subsection (b)(2). (3) TREATMENT OF INITIAL MATRICES AS BASELINE.—The initial matrices submitted pursuant to subsection (a) shall be treated as the baseline for the full EMD phase and low-rate initial production of the programs described in subsection (a) for purposes of the updates submitted pursuant to paragraph (1) of this subsection. (d) ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED STATES.—Not later than the date that is 60 days after the date on which the Comptroller General of the United States receives an update to a matrix under subsection (c)(1), the Comptroller General shall review the sufficiency of such matrix and submit to the congressional defense committees an assessment of such matrix, including by identifying cost, schedule, or performance trends. (e) KEY PERFORMANCE PARAMETER REQUIREMENTS.— (1) IN GENERAL.—Each Secretary concerned shall develop key performance parameters (referred to in this section as ‘‘cost KPPs)’’ for the threshold and objective costs of the pro- grams described in subsection (a) under the jurisdiction of such Secretary and shall include those values as program performance requirements in any capability development docu- ment or system requirements document for the program involved. Each cost KPP shall include, for each cost category specified in paragraph (2)— (A) a threshold value indicating the highest acceptable cost for that category, as determined by the Secretary concerned; and (B) an objective value indicating the lowest cost expected to be achieved for that category, as determined by the Secretary concerned. (2) COST CATEGORIES SPECIFIED.—The cost categories speci- fied in this paragraph are the following: (A) Unit recurring flyaway cost. (B) Average procurement unit cost. (C) Gross/weapon system unit cost. (D) Aircraft cost-per-tail-per-year. (E) Aircraft cost-per-flight-hour. Deadline. Review. Cost estimates. Deadlines. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00060 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 195 PUBLIC LAW 118–31—DEC. 22, 2023 (f) DEFINITIONS.—In this section, the term ‘‘Secretary con- cerned’’ means— (1) the Secretary of the Navy, with respect to aircraft programs of the Navy and the Marine Corps; and (2) the Secretary of the Air Force, with respect to aircraft programs of the Air Force. SEC. 225. CONTINUOUS CAPABILITY DEVELOPMENT AND DELIVERY PROGRAM FOR F–35 AIRCRAFT. (a) DESIGNATION OF MAJOR SUBPROGRAM.—In accordance with section 4203 of title 10, United States Code, the Secretary of Defense shall designate all Block 4 and Technical Refresh–3 elements of the F–35 aircraft acquisition program, collectively, as a single major subprogram of the F–35 aircraft acquisition program. (b) PROCUREMENT OF F–35 DEVELOPMENTAL TESTING AIR- CRAFT.— (1) IN GENERAL.—From the aircraft described in paragraph (2), the Program Executive Officer for the F–35 aircraft program shall designate two F–35A aircraft, two F–35B aircraft, and two F–35C aircraft to be manufactured and delivered, by not later than the end of 2030, in a necessary configuration that would adequately support future F–35 developmental testing activities. (2) AIRCRAFT DESCRIBED.—The aircraft described in this paragraph are F–35 aircraft to be procured— (A) as part of the Lot 19 production lot or a subsequent production lot for F–35 aircraft; and (B) using funds made available for fiscal year 2024 or a subsequent fiscal year for the procurement of F– 35 aircraft. SEC. 226. F–35 PROPULSION AND THERMAL MANAGEMENT MOD- ERNIZATION PROGRAM. (a) ESTABLISHMENT AND VALIDATION OF REQUIREMENTS.—The Secretary of the Air Force (with respect to F–35A aircraft of the Air Force) and the Secretary of the Navy (with respect to F– 35B and F–35C aircraft of the Navy and the Marine Corps) shall each— (1) establish requirements for the propulsion, power and cooling, thermal management, and electrical power systems of the F–35 aircraft system that adequately support the planned service-life and all planned mission systems hardware and soft- ware capability upgrades for such aircraft system; (2) validate the requirements; and (3) promptly provide the validated requirements to the Program Executive Officer for the F–35 aircraft acquisition program. (b) COST-BENEFIT AND TECHNICAL RISK ANALYSIS.— (1) IN GENERAL.—Based on the requirements established and validated under subsection (a), the Program Executive Officer for the F–35 aircraft acquisition program shall conduct a complete and comprehensive cost-benefit and technical risk analysis that evaluates and determines the upgrades and mod- ernization required of the F–35 aircraft system to support all of the requirements established under such subsection. (2) ELEMENTS.—The cost-benefit and technical risk analysis conducted under paragraph (1) shall assess, at a minimum, Assessments. Evaluation. Determination. Validation. Deadline. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00061 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 196 PUBLIC LAW 118–31—DEC. 22, 2023 the cost, risk, modernization, integration activities, and acquisi- tion strategy required for the upgrade and modernization options available for the following major subsystems of F– 35 aircraft: (A) The aircraft propulsion system and gearbox. (B) The power and thermal management system. (C) The fuel thermal management system. (D) The electrical power system. (E) The engine ice protection system. (F) Mission systems hardware, avionics, sensors, and weapons. (G) Any additional systems of the F–35 aircraft system the Program Executive Officer determines to be relevant to support the planned service-life requirements for each variant of such aircraft. (3) LIMITATION ON COMMENCEMENT.—The Program Execu- tive Officer may not commence the analysis required under paragraph (1) until the requirements established under sub- section (a) have been provided to the Officer. (4) INDEPENDENT COST ESTIMATE.—In addition to devel- oping the cost-benefit analysis under paragraph (1), the Pro- gram Executive Officer shall also obtain an independent cost estimate from an organization within the Department of Defense that is not directly associated with the Office of the Program Executive Officer, the Department of the Air Force, or the Department of the Navy. (5) REPORT.—Following the completion of the analysis under paragraph (1) and the independent cost estimate under paragraph (4), but not later than July 1, 2024, the Program Executive Officer shall submit to the congressional defense committees— (A) a report on the results of the analysis under para- graph (1); and (B) a copy of the cost estimate obtained under para- graph (4). (c) DESIGNATION OF MAJOR SUBPROGRAM.—In accordance with section 4203 of title 10, United States Code, the Secretary of Defense shall designate all activities relating to the modernization, upgrade, and integration of the major subsystems included in the analysis under subsection (b)(1), collectively, as a single major subprogram of the F–35 aircraft acquisition program. SEC. 227. ESTABLISHMENT OR EXPANSION OF UNIVERSITY AFFILI- ATED RESEARCH CENTERS FOR CRITICAL MATERIALS. (a) FEASIBILITY AND ADVISABILITY ASSESSMENT.—The Secretary of Defense, in consultation with the Under Secretary of Defense for Research and Engineering, shall— (1) assess the feasibility and advisability of establishing a new University Affiliated Research Center (in this section referred to as a ‘‘UARC’’) or expanding an existing UARC at a specified covered educational institution; and (2) submit a recommendation regarding the feasibility and advisability of such establishment or expansion to the congres- sional defense committees. (b) DETERMINATION.—Not later than 15 days after submitting the assessment required under subsection (a) the Secretary of Deadline. Recommenda- tions. Records. Determination. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00062 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 197 PUBLIC LAW 118–31—DEC. 22, 2023 Defense shall determine whether it is feasible and advisable to establish or expand a UARC and— (1) for a positive determination, submit to the congressional defense committees a plan described in subsection (c); and (2) for a negative determination, submit to the congres- sional defense committees a justification for such determination that includes the data and analysis to support such determina- tion. (c) PLAN.—If the Secretary of Defense determines that estab- lishing or expanding a UARC is feasible and advisable under sub- section (b), the Secretary shall submit to the congressional defense committees a plan for such establishment or expansion, including an assessment of the institutional capacity of the covered edu- cational institution at which such UARC is to be established or expanded. (d) ELEMENTS.—The plan described in subsection (c) shall include the following: (1) An assessment of the engineering, applied research, commercialization, or workforce development capabilities relating to critical materials for national security purposes of the United States of the covered educational institution at which the UARC will be established or expanded, including an assessment of the personnel and physical research infra- structure of such institution. (2) An assessment of the ability of such institution— (A) to participate in engineering, applied research, commercialization, and workforce development activities relating to critical materials for national security purposes of the United States; (B) to effectively compete for engineering, applied research, commercialization, and workforce development contracts and grants relating to critical materials for national security purposes of the United States; and (C) to support the mission of the Under Secretary. (3) An assessment of the activities and investments nec- essary— (A) to augment facilities or educational programming at such institution— (i) to support the mission of the Under Secretary; (ii) to access, secure, and conduct research relating to sensitive or classified information; and (iii) to respond quickly to emerging engineering, applied research, commercialization, and workforce development needs relating to critical materials; (B) to increase the participation of such institutions in engineering, applied research, commercialization, and workforce development activities; and (C) to increase the ability of such institutions to effec- tively compete for engineering, applied research, commer- cialization, and workforce development contracts and grants. (4) Recommendations identifying actions that may be taken by the Secretary, the Under Secretary, Congress, such institu- tions, and other organizations to increase the participation of such institutions in engineering, applied research, commer- cialization, and workforce development activities, contracts, and grants relating to critical materials. Recommenda- tions. Assessments. Assessment. Data. Analysis. Plan. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00063 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 198 PUBLIC LAW 118–31—DEC. 22, 2023 (5) Any specific goals, incentives, and metrics developed by the Secretary to increase and measure the capacity of such institutions to address the engineering, applied research, commercialization, and workforce development needs of the Department of Defense relating to critical materials. (e) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary shall— (1) submit to the congressional defense committees a report that includes the plan developed under this subsection; and (2) make the plan available on a publicly accessible website of the Department of Defense. (f) SUPPORT TO COVERED EDUCATIONAL INSTITUTIONS.— (1) IN GENERAL.—The Under Secretary of Defense for Research and Engineering may establish a program to award contracts, grants, or other agreements on a competitive basis to a covered educational institution, and to perform other appro- priate activities, for the purposes described in paragraph (2). (2) PURPOSES.—The purposes described in this paragraph are the following: (A) Developing the capability, including workforce and research infrastructure capabilities, for covered educational institutions to more effectively compete for Federal engineering, applied research, commercialization, and workforce development funding opportunities. (B) Improving the capability of covered educational institutions to— (i) recruit and retain research faculty; (ii) participate in appropriate personnel exchange programs; and (iii) participate in appropriate educational and career development activities. (C) Any other purposes the Under Secretary deter- mines appropriate for enhancing the engineering, applied research, commercialization, and development capabilities of covered educational institutions. (g) DEFINITIONS.—In this section: (1) COVERED EDUCATIONAL INSTITUTION.—The term ‘‘cov- ered educational institution’’ means— (A) a mining, metallurgical, geological, or mineral engineering program— (i) accredited by a non-governmental organization that accredits post-secondary education programs in applied and natural science, engineering technology, and computing; and (ii) located at an institution of higher education; or (B) any other post-secondary educational institution with a geology or engineering program or department that has experience in mining research or work with the mining industry. (2) CRITICAL MATERIALS.—The term ‘‘critical materials’’ means materials designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)). (3) INSTITUTION OF HIGHER EDUCATION.—For purposes of paragraph (1), the term ‘‘institution of higher education’’ has Determination. Contracts. Grants. 10 USC note prec. 4141. Public information. Web posting. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00064 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 199 PUBLIC LAW 118–31—DEC. 22, 2023 the meaning given in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). SEC. 228. POLICIES FOR MANAGEMENT AND CERTIFICATION OF LINK 16 MILITARY TACTICAL DATA LINK NETWORK. (a) POLICIES REQUIRED.—The Secretary of Defense shall develop and implement policies to adapt Link 16 system management and certification to align with agile development practices. (b) ELEMENTS.—The policies required by subsection (a) shall include the following: (1) A standardized process through a Chairman, Joint Chiefs of Staff Manual, to allow Link 16 frequency use within approved special use airspaces for the purpose of testing radio systems and associated software that have not completed electromagnetic compatibility features certification. Such process— (A) shall, at a minimum, ensure routine and continued approval for test operations of developmental systems in the Nevada Test and Training Range, Restricted Area 2508, Warning Area 151/470, Warning Area 386, and the Joint Pacific Alaska Range Complex; and (B) may incorporate standardized mitigations that enable routine approval including effective radiated power settings and coordination for rapid test termination. (2) Processes to streamline approval or denial of temporary frequency assignment for Link 16 operations to not more than 15 days for test, training, and large-scale exercises. In devel- oping such processes, the Secretary of Defense— (A) shall ensure that the processes cover operations in excess of uncoordinated operations time slot duty factor limits, inclusion of foreign participants, and participation of non-stage 4 approved terminals or platforms; and (B) consider delegating sole authority for temporary frequency assignment to the Department of Defense and the automation of decision-making processes relating to such assignments. (3) Delegation of authority to the system manager for Link 16 to determine when new software within Department of Defense Link 16 terminals affects electromagnetic compatibility features and requires recertification. (4) The self-certification by the Department of Defense of the compliance of the Department’s radios with electro- magnetic compatibility features. (5) Processes to internally manage Link 16 uncoordinated operations that enable approval for test, training, and exercises that does not exceed 15 days for systems holding an active radio frequency authorization or temporary frequency assign- ment. (c) INFORMATION TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees— (1) a briefing on the policies developed under subsection (a), along with a timeline for implementation of such policies; and (2) a list of such additional resources or authorities as the Secretary determines may be required to implement such policies. List. Determination. Briefing. Deadline. Deadline. Compliance. Determination. Deadline. Processes. 10 USC 4571 note. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00065 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 200 PUBLIC LAW 118–31—DEC. 22, 2023 (d) TESTING REQUIRED.— (1) IN GENERAL.—In conjunction with the development of the policies required under subsection (a), the Secretary of Defense shall conduct, sponsor, or review testing and analysis that determines if any effects on air traffic systems are possible due to Link 16 terminals which have not completed electro- magnetic compatibility features certification and quantifies any such effects. Such testing shall evaluate Link 16 transmission within plus or minus 7 megahertz of the 1030 and 1090 mega- hertz frequency bands to determine if effects on air traffic systems are possible, under what conditions such effects could occur, and the impact of such effects. (2) 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 on the results of the testing conducted under paragraph (1), with an emphasis on procedures that the Secretary intends to implement to negate harmful effects on air traffic from the use of Link 16 terminals or platforms that have not completed electro- magnetic compatibility features certification, within special use airspace. SEC. 229. RAPID RESPONSE TO EMERGENT TECHNOLOGY ADVANCE- MENTS OR THREATS. (a) AUTHORITIES.—Upon approval by the Secretary of Defense of a determination described in subsection (b), the Secretary of a military department may use the rapid acquisition and funding authorities established pursuant to section 3601 of title 10, United States Code, to initiate urgent or emerging operational development activities for a period of up to one year, in order to— (1) leverage an emergent technological advancement of value to the national defense to address a military service- specific need; or (2) provide a rapid response to an emerging threat identi- fied by a military service. (b) DETERMINATION.—A determination described in this sub- section is a determination by the Secretary of a military department submitted in writing to the Secretary of Defense that provides the following: (1) Identification of a compelling urgent or emergency national security need to immediately initiate development activity in anticipation of a programming or budgeting action, in order to leverage an emergent technological advancement or provide a rapid response to an emerging threat. (2) Justification for why the effort cannot be delayed until the next submission of the budget of the President (under section 1105(a) of title 31, United States Code) without harming the national defense. (3) Funding is identified for the effort in the current fiscal year to initiate the activity. (4) An appropriate acquisition pathway and programmed funding for transition to continued development, integration, or sustainment is identified to on-ramp this activity within two years. (c) ADDITIONAL PROCEDURES.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall Deadlines. Time period. 10 USC 3601 note. Evaluation. Review. Determinations. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00066 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 201 PUBLIC LAW 118–31—DEC. 22, 2023 amend the procedures for the rapid acquisition and deployment of capabilities needed in response to urgent operational needs prescribed pursuant to such section 3601 to carry out this section. Such updated procedures shall be provided to the congressional defense committees concurrently with the promulgation to the rest of the Department of Defense. (2) REQUIREMENTS TO BE INCLUDED.—The procedures amended under paragraph (1) shall include the following requirements: (A) FUNDING.—(i) Subject to clause (ii), in any fiscal year in which a determination described in subsection (b) is made, the Secretary of the military department making the determination may initiate the activities authorized under subsection (a) using any funds available to the Sec- retary for such fiscal year for— (I) procurement; or (II) research, development, test, and evaluation. (ii) The total cost of all developmental activities within the Department of Defense, funded under this section, may not exceed $100,000,000 for any fiscal year. (B) WAIVER AUTHORITY.—(i) Subject to clause (ii), the Secretary of the military department making a determina- tion under subsection (b) may issue a waiver under sub- section (d) of such section 3601. (ii) Chapter 221 of title 10, United States Code, may not be waived pursuant to clause (i). (C) TRANSITION.—(i) Any acquisition initiated under subsection (a) shall transition to an appropriate acquisition pathway for transition and integration of the development activity, or be transitioned to a newly established program element or procurement line for completion of such activity. (ii)(I) Transition shall be completed within one year of initiation, but may be extended one time only at the discretion of the Secretary of the military department for one additional year. (II) In the event an extension determination is made under subclause (I), the affected Secretary of the military department shall submit to the congressional defense committees, not later than 30 days before the extension takes effect, written notification of the extension with a justification for the extension. (3) SUBMITTAL TO CONGRESS.—Concurrent with promulga- tion to the Department of the amendments to the procedures under paragraph (1), the Secretary shall submit to the congres- sional defense committees the procedures updated by such amendments. (d) CONGRESSIONAL NOTIFICATION.—Within 15 days after the Secretary of Defense approves a determination described in sub- section (b), the Secretary of the military department making the determination shall provide written notification of such determina- tion to the congressional defense committees following the proce- dures for notification in subsections (c)(4)(D) and (c)(4)(F) of such section 3601. A notice under this subsection shall be sufficient to fulfill any requirement to provide notification to Congress for a new start program. Deadline. Notification. Extension authority. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00067 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 202 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 230. PILOT PROGRAM TO COMMERCIALIZE PROTOTYPES OF THE DEPARTMENT OF THE AIR FORCE. (a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force, acting through the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics, shall carry out a pilot program under which the Secretary identifies prototypes under development by the Department of the Air Force that have the potential to be developed into commercial products and provides support to quali- fied entities to carry out projects to commercialize such prototypes. (b) FORM OF SUPPORT.—The support provided to a qualified entity under subsection (a) may include the award of— (1) a grant; (2) a contract or other agreement; or (3) such other form of support as the Secretary of the Air Force determines appropriate. (c) AMOUNT.—The total value of support awarded to a qualified entity under this section may not exceed $10,000,000. (d) FUNDING.—The Secretary of the Air Force shall carry out the pilot program under this section using funds designated as budget activity 6 (RDT&E management support) or budget activity 4 (Advanced Component Development and Prototypes) 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). (e) APPLICATION.— (1) IN GENERAL.—A qualified entity that seeks an award of support under this section shall submit an application to the Secretary of the Air Force at such time, in such manner, and containing such information as the Secretary may require. (2) CONTENTS.—As part of the application required under paragraph (1), a qualified entity shall— (A) outline measures the entity will implement to give the Department of Defense purchasing priority when supply chain issues are a factor; (B) certify that the entity will, with respect to the export of any such product, comply with— (i) International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations (or any successor regulations); and (ii) any other applicable export restrictions; and (C) acknowledge that the entity may seek advice and assistance from the Department of the Air Force and the Department of State in the event that the export restric- tions applicable to a commercial product developed with support under this section— (i) are more restrictive than the export restrictions applicable to the component technologies that comprise the product; and (ii) are expected to unnecessarily impede the ability to make the product commercially available out- side the United States. (f) BRIEFING.—Not later than December 31, 2024, the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics shall provide to the congressional defense committees a briefing on the implementation of the pilot program under this section and any related policy issues. Deadline. Certification. Compliance. Contracts. Grants. Deadline. 10 USC note prec. 9531. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00068 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 203 PUBLIC LAW 118–31—DEC. 22, 2023 (g) NOTICE TO CONGRESS.—Not later than 30 days after each instance in which the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics awards support to a qualified entity under this section, the Assistant Secretary shall submit to the congressional defense committees notice of such award. (h) TERMINATION.—The pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act. (i) DEFINITIONS.—In this section: (1) The term ‘‘commercialize’’, when used with respect to a prototype, means to transition a prototype into a commercial product. (2) The term ‘‘commercial product’’ has the meaning given that term in section 103 of title 41, United States Code. (3) The term ‘‘qualified entity’’ means an individual or entity the Secretary of the Air Force determines to be qualified to participate in the pilot program under this section. SEC. 231. PILOT PROGRAM ON NEAR-TERM QUANTUM COMPUTING APPLICATIONS. (a) PILOT PROGRAM.—The Secretary of Defense may carry out a pilot program under which the Secretary, in partnership with the entities specified in subsection (b), establishes and operates a program that enables organizations of the Department of Defense, including the Armed Forces, to test and evaluate how quantum and quantum-hybrid applications may be used— (1) to solve technical problems and research challenges identified under section 234(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note) and such other near-term tech- nical problems and challenges facing the Department and the Armed Forces as the Secretary may identify; and (2) to provide capabilities needed by the Department and the Armed Forces in the near-term. (b) ENTITIES SPECIFIED.—The Secretary of Defense shall seek to carry out the pilot program under subsection (a) in partnership with— (1) a federally funded research and development center, university affiliated research center, center of excellence, or similar entity; and (2) one or more private-sector entities with expertise in quantum computing and quantum information science. (c) ACTIVITIES.—Under the pilot program, the Secretary of Defense, in partnership with the entities specified in subsection (b), may— (1) convene a group of experts and organizations to identify and articulate challenges faced by the Department of Defense, including the Armed Forces, that have the potential to be addressed by quantum and quantum-hybrid applications; (2) develop and mature demonstrations, proofs of concept, pilot programs, and other measures to address the challenges identified under paragraph (1) using quantum and quantum- hybrid applications; (3) develop pathways through which successful demonstra- tions, proofs of concept, pilot programs, and other measures developed and matured under paragraph (2) may be 10 USC 4001 note. Deadline. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00069 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 204 PUBLIC LAW 118–31—DEC. 22, 2023 transitioned to more advanced stages of research and develop- ment or into operational use within the Department; (4) ensure that any quantum-based or quantum-hybrid application-based solutions identified under the program are capable of development and deployment within the period cov- ered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code (as of the time of the pilot program); (4) assess the utility of commercial quantum and quantum- hybrid applications for meeting the near-term needs of warfighters; and (5) seek to build and strengthen relationships between the Department of Defense, academic institutions, small businesses, and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code) in the technology industry that may have unused or underused solutions to spe- cific operational challenges of the Department relating to quantum and quantum-hybrid applications. (d) BRIEFING AND REPORTS.— (1) INTERIM BRIEFING.—Not later than 30 days before com- mencing the pilot program under subsection (a), the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that— (A) identifies the entities the Secretary intends to partner with for the purposes of carrying out the pilot program, including— (i) any entities specified in subsection (b); (ii) any of the Armed Forces; and (iii) any other departments and agencies of the Federal Government with pre-existing quantum tech- nology research efforts; and (B) describes the plan of the Secretary for developing and operating the program. (2) ANNUAL REPORT.—By December 1 of each year in which the pilot program under subsection (a) is carried out, the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes— (A) a description of the problem sets and capabilities that were evaluated by organizations of the Department of Defense under the program; (B) an explanation of whether and to what extent the program resulted in the identification of potential solu- tions based on quantum and quantum-hybrid applications; (C) any potential barriers to the use of quantum and quantum-hybrid applications to solve near-term problems for the Department of Defense, including the Armed Forces; and (D) recommendations regarding how the Department of Defense can better leverage and deploy quantum and quantum-hybrid applications to address near-term military applications and operational needs. (e) TERMINATION.—The authority to carry out the pilot program under subsection (a) shall terminate on September 30, 2026. (f) DEFINITION.—In this section, the term ‘‘quantum and quantum-hybrid applications’’ means algorithms and applications Recommenda- tions. Plan. Assessment. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00070 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 205 PUBLIC LAW 118–31—DEC. 22, 2023 which use quantum mechanics through quantum processing units, including— (1) quantum-classical hybrid applications which are applications that use both quantum computing and classical computing hardware systems; (2) annealing and gate systems; and (3) all qubit modalities (including superconducting, trapped-ion, neutral atom, and photonics). SEC. 232. PILOT PROGRAM TO FACILITATE ACCESS TO ADVANCED TECHNOLOGY DEVELOPED BY SMALL BUSINESSES FOR GROUND VEHICLE SYSTEMS OF THE ARMY. (a) PROGRAM REQUIRED.—Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall carry out a pilot program under which the Secretary seeks to facilitate a contract between the Ground Vehicle Systems Center of the Army and a non-profit research institute for the purposes of improving the ability of the Center to access advanced technology developed by a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)). Any such contract shall be a commercial solutions opening contract entered into pursuant to section 3458 of title 10, United States Code. (b) TERMINATION.—The authority to carry out the pilot program under this section shall terminate five years after the date of the enactment of this Act. SEC. 233. LIMITATION ON AVAILABILITY OF FUNDS PENDING DOCU- MENTATION ON FUTURE ATTACK RECONNAISSANCE AIR- CRAFT PROGRAM. Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024, and available for the Office of the Secretary of the Army for the travel of persons, not more than 70 percent may be obligated or expended until the date on which the Secretary submits to the congressional defense committees the analysis of alternatives document for the Future Attack Reconnaissance Aircraft program. Subtitle C—Energetics and Other Munitions Matters SEC. 241. JOINT ENERGETICS TRANSITION OFFICE. (a) IN GENERAL.—Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 148. Joint Energetics Transition Office ‘‘(a) IN GENERAL.—The Secretary of Defense shall establish a Joint Energetics Transition Office (in this section referred to as the ‘Office’) within the Department of Defense. The Office shall carry out the activities described in subsection (c) and shall have such other responsibilities relating to energetic materials as the Secretary shall specify. ‘‘(b) LEADERSHIP AND ADMINISTRATION.— ‘‘(1) The Under Secretary of Defense for Acquisition and Sustainment shall designate an individual to serve as the head of the Office. The Under Secretary shall select such individual from among officials of the Department of Defense serving Designations. Establishment. 10 USC 148. 10 USC prec. 131. Deadline. Contracts. 10 USC note prec. 7532. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00071 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 206 PUBLIC LAW 118–31—DEC. 22, 2023 in organizations under the jurisdiction of the Under Secretary at the time of such designation. The head of the Office shall— ‘‘(A) report directly to the Under Secretary of Defense for Acquisition and Sustainment; and ‘‘(B) coordinate, as appropriate, with the Under Sec- retary of Defense for Research and Engineering. ‘‘(2) The Under Secretary of Defense for Research and Engineering shall designate an individual to serve as the deputy head of the Office. The Under Secretary shall select such indi- vidual from among officials of the Department of Defense serving in organizations under the jurisdiction of the Under Secretary at the time of such designation. The deputy head of the Office shall report directly to the head of the Office and to the Under Secretary of Defense for Research and Engineering. ‘‘(3) The head of the Office and deputy head of the Office shall be responsible for the overall management and operation of the Office. The Under Secretaries shall ensure that the head and deputy head of the Office are not assigned outside duties that would diminish their ability to effectively manage and operate the Office. ‘‘(c) RESPONSIBILITIES.—The Office shall do the following: ‘‘(1) Develop and periodically update an energetic materials strategic plan and investment strategy to guide investments in both new and legacy energetic materials and technologies across the entire supply chain for the total life cycle of energetic materials, including raw materials, ingredients, propellants, pyrotechnics, and explosives for munitions, weapons, and propulsion systems. Such strategy and plan shall provide for— ‘‘(A) developing or supporting the development of stra- tegic plans for energetic materials and technologies, including associated performance metrics for the Office, over the periods covered by the future-years defense pro- gram required under section 221 of this title and the pro- gram objective memorandum process; ‘‘(B) initiating special studies or analyses— ‘‘(i) to determine targets that would be optimally addressed or defeated by weapons that incorporate novel energetic materials; and ‘‘(ii) to inform the program objective memorandum process; and ‘‘(C) identifying any shortfalls in the supply chain for energetic materials and developing plans to alleviate any shortfalls through the expansion of the energetic materials industrial base to include critical contractors, subcontrac- tors, and suppliers. ‘‘(2) Coordinate and ensure consistency and congruity among research, development, test, and evaluation efforts in energetic materials across the Department of Defense— ‘‘(A) to identify promising new energetic materials and technologies; ‘‘(B) to mature, integrate, prototype, test, and dem- onstrate novel energetic materials and technologies, including new materials and manufacturing technologies; Coordination. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00072 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 207 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(C) to expedite testing, evaluation, and acquisition of energetic materials and technologies to meet the emer- gent needs of the Department, including the rapid integra- tion of promising new materials and other promising ener- getic compounds into weapons platforms; ‘‘(D) to identify or establish prototyping demonstration venues to integrate advanced technologies that speed the maturation and deployment of energetic materials; and ‘‘(E) to support collaboration among industry, aca- demia, and elements of the Department of Defense to transition energetic materials and technologies from the research and development phase to production and oper- ational use within the Department. ‘‘(3) Oversee a process to expedite— ‘‘(A) the validation, verification, and accreditation of modeling and simulation of energetic materials for the development of requirements; and ‘‘(B) the qualification process for energetic materials, from discovery through transition to production and integration into weapon systems. ‘‘(4) Recommend changes to laws, regulations, and policies that present barriers or extend timelines for the expedited process described in paragraph (3). ‘‘(5) Coordinate with other organizations involved in ener- getic materials activities within the Department of Defense, including the Armed Forces, and across other departments and agencies of the Federal Government. ‘‘(6) Pursuant to the authority provided under section 191 of this title, establish and manage a Department of Defense Field Activity dedicated to systems engineering associated with energetic materials. Such Field Activity shall be funded under budget activity 3 (advanced technology development) or budget activity 4 (advanced component development and prototypes) (as such budget activity classifications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Manage- ment Regulation (DOD 7000.14-R)) to reduce technical risk, integrate research, development, test, and evaluation, and per- form system demonstration programs of the Department of Defense on novel energetic materials for use in weapon systems. ‘‘(7) Carry out such other responsibilities relating to ener- getic materials as the Secretary shall specify. ‘‘(d) ADDITIONAL REQUIREMENTS.—The Secretary of Defense shall ensure that the Office is budgeted for and funded in a manner sufficient to ensure the Office has the staff and other resources necessary to effectively carry out the responsibilities specified in subsection (c). ‘‘(e) DEFINITIONS.—In this section, the term ‘energetic materials’ means critical chemicals and formulations that— ‘‘(1) release large amounts of stored chemical energy; and ‘‘(2) are capable of being used as explosives, propellants, pyrotechnics, and reactive materials that— ‘‘(A) create lethal effects in warheads in kinetic weapons components and systems; or ‘‘(B) increase propellant performance in a weapon propulsion system as related to lethal effects, range, or speed.’’. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00073 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 208 PUBLIC LAW 118–31—DEC. 22, 2023 (b) STATUS REPORTS.—The Secretary of Defense shall submit to the congressional defense committees— (1) not later than 60 days after the date of the enactment of this Act, a report on the status of the establishment of Joint Energetics Transition Office under section 148 of title 10, United States Code, as added by subsection (a); (2) not later than one year after such date of enactment, a report on the measures taken to provide the Joint Energetics Transition Office with the staff and resources necessary for the Office to carry out the responsibilities specified in sub- section (c) of such section 148; and (3) not later than two years after such date of enactment, a report that includes the energetic materials strategic plan and investment strategy required under subsection (c)(1) of such section 148. (c) ANNUAL REPORTS.—Not later than March 1, 2024, and not later than March 1 of each year thereafter through 2029, the head of the Joint Energetics Transition Office shall submit to the congressional defense committees a report that includes, with respect to the year covered by the report, the following information: (1) A description of activities carried out in accordance with the energetic materials strategic plan and investment strategy developed under section 148(c)(1) of title 10, United States Code, as added by subsection (a) of this section, including— (A) a description of any updates to the performance metrics developed for purposes of such plan and strategy; and (B) an assessment of the performance of the Office against those metrics. (2) An overview of the research, development, test, and evaluation efforts initiated or completed by the Office. (3) An overview of the efforts of the Office to expedite qualification processes for energetic materials. (4) An overview of efforts of the Office to coordinate with other organizations involved in energetic materials activities across the Department of Defense and other departments and agencies of the Federal Government. SEC. 242. CONSIDERATION OF LETHALITY IN THE ANALYSIS OF ALTER- NATIVES FOR MUNITIONS. (a) ANALYSIS OF ALTERNATIVES REVIEW.—The Secretary of Defense shall ensure that lethality is considered in any analysis of alternatives conducted prior to issuing a capability development document for purposes of procuring any new munition or modifying an existing munition. (b) CONSIDERATION OF ENERGETIC MATERIALS.—In assessing the lethality of a munition for purposes of the analysis of alter- natives described under subsection (a), the Secretary of Defense shall include the margin of effectiveness, increased system capac- ities, and cost implications afforded by the potential use of novel or alternative energetic materials in the munition to achieve increased explosive effects. (c) ENERGETIC MATERIALS DEFINED.—In this section, the term ‘‘energetic materials’’ means critical chemicals that— (1) release large amounts of energy in a short amount of time; and 10 USC 4172 note. Assessment. Time period. Overviews. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00074 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 209 PUBLIC LAW 118–31—DEC. 22, 2023 (2) are capable of being used in explosives that create lethal effects in warheads. SEC. 243. PILOT PROGRAM ON INCORPORATION OF THE CL20 COM- POUND IN CERTAIN WEAPON SYSTEMS. (a) PILOT PROGRAM REQUIRED.—The Secretary of Defense shall carry out a pilot program under which the Secretary incorporates the CL20 compound as the energetic material for the main fill in the warheads or propellants of three weapon systems under development by the Department of Defense for the purpose of determining cost, schedule, and lethality performance parameters for such systems. (b) SELECTION OF WEAPON SYSTEMS.—Each of the three weapon systems selected under subsection (a) shall be a weapon system that does not, as of the date of the enactment of this Act, already incorporate the CL20 compound as the energetic material for the main fill in the warhead or propellant of the system. (c) TIMELINE FOR INTEGRATION.—The Secretary of Defense shall ensure that the CL20 energetic compound is integrated into each weapon system selected under subsection (a) by not later than three years after the date of the enactment of this Act. (d) BRIEFING.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on progress of the Secretary in carrying out the pilot program under this section, including— (1) identification of the weapon systems selected by the Secretary under subsection (a); (2) with respect to each such weapon system, identification of— (A) a timeline for incorporating the CL20 energetic compound into such weapon system; (B) the organization within the Department of Defense responsible for carrying out activities under the pilot pro- gram for such weapon system; and (C) any locations at which testing associated with such weapon system under the program is expected to be carried out; and (3) the baseline cost, schedule, and lethality objectives that will be used to evaluate the performance of weapon systems under the program. (e) DEFINITIONS.—In this section, the term ‘‘energetic material’’ means critical chemicals and formulations that— (1) release large amounts of stored chemical energy; and (2) are capable of being used as explosives, propellants, pyrotechnics, and reactive materials that— (A) create lethal effects in warheads in kinetic weapons components and systems; or (B) increase propellant performance in a weapon propulsion system as related to lethal effects, range, or speed. SEC. 244. LIMITATION ON SOURCING CHEMICAL MATERIALS FOR MUNITIONS FROM CERTAIN COUNTRIES. (a) LIMITATION.—The Secretary of Defense may not procure a chemical material for munitions specified in subsection (b) from any country specified in subsection (c). 10 USC note prec. 4651. Timeline. Deadline. Deadline. 10 USC 4172 note. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00075 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 210 PUBLIC LAW 118–31—DEC. 22, 2023 (b) CHEMICAL MATERIALS SPECIFIED.—The chemical materials for munitions specified in this subsection are the chemicals listed under the heading ‘‘Task 1: Domestic Production of Critical Chemi- cals’’ in section 3.0E of the document of the Department of Defense titled ‘‘Statement of Objectives (SOO) for Critical Chemicals Produc- tion’’ (FOA: FA8650-19-S-5010, Appendix VI, Call: 012) and dated December 5, 2022. (c) COUNTRIES SPECIFIED.—The countries specified in this sub- section are the following: (1) The People’s Republic of China. (2) The Russian Federation. (3) The Islamic Republic of Iran. (4) The Democratic People’s Republic of North Korea. (d) EFFECTIVE DATE.—The requirements of this section shall take effect on a date determined by the Secretary of Defense that is not later than September 30, 2028. SEC. 245. DEFENSE INDUSTRIAL BASE MUNITION SURGE CAPACITY CRITICAL RESERVE. (a) IN GENERAL.—The Under Secretary of Defense for Acquisi- tion and Sustainment, in coordination with the service acquisition executive of each military department, may establish a reserve of long-lead items and components to accelerate the delivery of munitions described in section 222c(c) of title 10, United States Code. (b) QUANTITY.—The quantity of long-lead items and components reserved pursuant to subsection (a) should be in amounts commen- surate to fulfill the requirements identified as Out-Year Uncon- strained Total Munitions Requirement and Out-Year inventory numbers under section 222c(a) of title 10, United States Code. (c) AUTHORITY FOR ADVANCE PROCUREMENT.—The Under Sec- retary of Defense for Acquisition and Sustainment may enter into one or more contracts, beginning in fiscal year 2024, for the advance procurement of long-lead items and components, or economic order quantities of such items and components when cost savings are achievable, associated with munitions identified in subsection (a). Advance procurement authority may include the cost of shipping, storage, tracking, maintenance, and obsolescence management of long-lead items and components while held in the reserve described in subsection (a). (d) LIMITATIONS.—No long-lead item or component may be pro- cured under this section if the anticipated life cycle of such item or component requires disposal due to lack of military utility less than 8 years after such item or component is procured. (e) REPORT.—Not later than February 1, 2025, and annually thereafter until February 1, 2030, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that describes the use of the authority under this section, including— (1) the type, number, and value of long-lead items and components procured under each contractual action; and (2) information about the location of storage of such items and components. (f) DEFINITIONS.—In this section: (1) The term ‘‘long-lead item or component’’ means a mate- rial, component, or subsystem of a munition that must be procured well in advance of the need for such munition. Termination date. Time period. Effective date. 10 USC note prec. 3201. Determination. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00076 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 211 PUBLIC LAW 118–31—DEC. 22, 2023 (2) The terms ‘‘service acquisition executive’’ and ‘‘military department’’ have the meanings given, respectively, in section 101 of title 10, United States Code. Subtitle D—Plans, Reports, and Other Matters SEC. 251. CONGRESSIONAL NOTIFICATION OF CHANGES TO DEPART- MENT OF DEFENSE POLICY ON AUTONOMY IN WEAPON SYSTEMS. Not later than 30 days after making a modification to Depart- ment of Defense Directive 3000.09 (relating to autonomy in weapon systems) the Secretary of Defense shall provide to the congressional defense committees a briefing that includes— (1) a description of the modification; and (2) an explanation of the reasons for the modification. SEC. 252. AUDIT TO IDENTIFY DIVERSION OF DEPARTMENT OF DEFENSE FUNDING TO CHINA’S RESEARCH LABS. (a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall conduct a study, and submit a report to the congres- sional defense committees, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that— (1) was provided, whether purposely or inadvertently, to— (A) the People’s Republic of China; (B) the Communist Party of China; (C) the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences; (D) EcoHealth Alliance Inc. for work performed in China on research supported by the Government of China, including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; (E) the Academy of Military Medical Sciences or any of its research institutes, including the Beijing Institute of Microbiology and Epidemiology; or (F) any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (E); or (2) was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pan- demic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country. (b) IDENTIFICATION OF COUNTRIES AND PATHOGENS.—The report required under subsection (a) shall specify— (1) the countries in which the research or experiments described in subsection (a)(2) was conducted; and (2) the pathogens involved in such research or experiments. Academy of Military Medical Sciences. Beijing Institute of Microbiology and Epidemiology. EcoHealth Alliance Inc. Wuhan Institute of Virology. Study. Time period. Deadline. Briefing. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00077 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 212 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 253. ANNUAL REVIEW OF STATUS OF IMPLEMENTATION PLAN FOR DIGITAL ENGINEERING CAREER TRACKS. Not less frequently than once each year until December 31, 2029, the Secretary of Defense shall— (1) conduct an internal review of the status of the implementation of the plan submitted to Congress pursuant to section 230(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 501 note prec.), which shall include consideration of how the rapid rate of technological change in data science and machine learning may affect the implementation of the plan; and (2) submit to the congressional defense committees a report that includes— (A) a summary of the status of the implementation of the plan described in paragraph (1); (B) the findings of the Secretary with respect to the most recent review conducted under such paragraph; and (C) the plan of the Secretary for addressing the digital engineering personnel needs of the Department of Defense in the years following the date of the report. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Improvement and codification of Sentinel Landscapes Partnership pro- gram authority. Sec. 312. Modification of authority for environmental restoration projects at Na- tional Guard facilities. Sec. 313. Modification to technical assistance authority for environmental restora- tion activities. Sec. 314. Coordination on agreements to limit encroachments and other constraints on military training, testing, and operations. Sec. 315. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of waiver for systems not meeting fuel efficiency key performance parameter. Sec. 316. Modification to prototype and demonstration projects for energy resilience at certain military installations. Sec. 317. Authority to transfer certain funds as payment relating to Naval Air Sta- tion, Moffett Field, California. Sec. 318. Prohibition on required disclosure by Department of Defense contractors of information relating to greenhouse gas emissions. Sec. 319. Required infrastructure plan prior to deployment of certain non-tactical vehicles at military installations. Sec. 320. Prohibition and report requirement relating to certain energy programs of Department of Defense. Sec. 321. Report on schedule and cost estimates for completion of testing and reme- diation of contaminated sites; publication of cleanup information. Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 331. Modification of timing of report on activities of PFAS Task Force. Sec. 332. Budget justification document for funding relating to perfluoroalkyl sub- stances and polyfluoroalkyl substances. Sec. 333. Increase of transfer authority for funding of study and assessment on health implications of perfluoroalkyl substances and polyfluoroalkyl sub- stances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 334. Prizes for development of technology for thermal destruction of perfluoroalkyl substances or polyfluoroalkyl substances. Sec. 335. Treatment of certain materials contaminated with perfluoroalkyl sub- stances or polyfluoroalkyl substances. Summary. Termination date. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00078 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 213 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 336. Government Accountability Office reports on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Subtitle D—Logistics and Sustainment Sec. 341. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities. Sec. 342. Repeal of Comptroller General review requirement relating to core logis- tics capabilities. Sec. 343. Modifications to Contested Logistics Working Group of Department of De- fense. Sec. 344. Matters relating to briefings on Shipyard Infrastructure Optimization Program of the Navy. Sec. 345. Foreign military sales exclusion in calculation for certain workload carry- over of Department of the Army. Sec. 346. Pilot program on optimization of aerial refueling and fuel management in contested logistics environments through use of artificial intelligence. Sec. 347. Limitation on availability of funds to expand leased facilities for Joint Military Information Support Operations Web Operations Center. Sec. 348. Limitation on availability of funds pending submission of certain 30-year shipbuilding plan by the Secretary of the Navy. Sec. 349. Plan regarding condition and maintenance of prepositioned stockpiles of the Army. Sec. 350. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization. Sec. 351. Assessment and strategy relating to hardening of certain military instal- lations against attack by Iran and Iranian-associated groups. Sec. 352. Semiannual briefings on operational status of amphibious warship fleet. Subtitle E—Other Matters Sec. 361. Review of notice of presumed risk issued by Military Aviation and Instal- lation Assurance Clearinghouse. Sec. 362. Modifications to military aviation and installation assurance clearing- house for review of mission obstructions. Sec. 363. Modification to Joint Safety Council. Sec. 364. Designation of official responsible for coordination of renegotiation of cer- tain land leases owned by Department of Defense in Hawaii. Sec. 365. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School. Sec. 366. Establishment of Caisson Platoon and support for military and State fu- neral services at Arlington National Cemetery. Sec. 367. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling. Subtitle A—Authorization of Appropriations SEC. 301. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2024 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. IMPROVEMENT AND CODIFICATION OF SENTINEL LAND- SCAPES PARTNERSHIP PROGRAM AUTHORITY. (a) CODIFICATION OF EXISTING STATUTE.—Section 317 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note) is— (1) transferred to chapter 159 of title 10, United States Code; (2) inserted after section 2692 of such chapter; and 10 USC prec. 2661, 2684a notes, 2693. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00079 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 214 PUBLIC LAW 118–31—DEC. 22, 2023 (3) redesignated as section 2693. (b) IMPROVEMENTS TO SENTINEL LANDSCAPES PARTNERSHIP PRO- GRAM.—Section 2693 of title 10, United States Code, as so trans- ferred and redesignated, is further amended— (1) in subsection (a), by striking ‘‘and the Secretary of the Interior’’ and inserting ‘‘, the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners in the program’’; (2) in subsection (b), by striking ‘‘and the Secretary of the Interior, may, as the Secretaries’’ and inserting ‘‘the Sec- retary of the Interior, and the heads of other Federal depart- ments and agencies that elect to become full partners in the Sentinel Landscapes Partnership may, as such Secretaries and other heads’’; (3) by amending subsection (c) to read as follows: ‘‘(c) COORDINATION OF ACTIVITIES.—In carrying out this section, the Secretaries and the other heads of Federal departments and agencies may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agen- cies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associ- ated airspace.’’; (4) in subsection (d)— (A) by striking the first sentence and inserting ‘‘In carrying out this section, the Secretaries and the other heads of Federal departments and agencies may give to any eligible owner or manager of land within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance program adminis- tered by that Secretary or head.’’; and (B) in the second sentence, by striking ‘‘eligible land- owner or agricultural producer’’ and inserting ‘‘eligible owner or manager of land’’; (5) by redesignating subsection (f) as subsection (g); (6) by inserting after subsection (e) the following new sub- section (f): ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section.’’; and (7) in subsection (g), as redesignated by paragraph (5)— (A) in paragraph (1), by striking ‘‘section 670(1) of title 16, United States Code’’ and inserting ‘‘section 100(1) of the Sikes Act (16 U.S.C. 670(1))’’; (B) in paragraph (2), by striking ‘‘section 670(3) of title 16, United States Code’’ and inserting ‘‘section 100(3) of the Sikes Act (16 U.S.C. 670(3))’’; and (C) in paragraph (3), by amending subparagraph (B) to read as follows: ‘‘(B) the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00080 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 215 PUBLIC LAW 118–31—DEC. 22, 2023 missions of a military installation or State-owned National Guard installation.’’. (c) CONFORMING AMENDMENTS.—Title 10, United States Code, is further amended— (1) in section 2684a(g)(2)(E), by striking ‘‘Sentinel Land- scapes Partnership established under section 317 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note)’’ and inserting ‘‘Sentinel Landscapes Partnership under section 2693 of this title’’; and (2) in section 2694(e), by striking ‘‘meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2684a note)’’ and inserting ‘‘meaning given that term in section 2693(g) of this title’’. SEC. 312. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL RES- TORATION PROJECTS AT NATIONAL GUARD FACILITIES. (a) CLARIFICATION OF DEFINITION OF NATIONAL GUARD FACILI- TIES.—Section 2700(4) of title 10, United States Code, is amended— (1) by striking ‘‘State-owned’’; (2) by striking ‘‘owned and operated by a State when such land is’’; and (3) by striking ‘‘even though such land is not under the jurisdiction of the Department of Defense.’’ and inserting ‘‘with- out regard to—’’ ‘‘(A) the owner or operator of the facility; or ‘‘(B) whether the facility is under the jurisdiction of the Department of Defense or a military department.’’. (b) INCLUSION UNDER DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.—Section 2701(a)(1) of such title is amended by striking ‘‘State-owned’’. (c) RESPONSE ACTIONS AT NATIONAL GUARD FACILITIES.—Sec- tion 2701(c)(1)(D) of such title is amended by striking ‘‘State-owned’’. (d) SERVICES OF OTHER ENTITIES.—Section 2701(d)(1) of such title is amended, in the second sentence, by inserting ‘‘or at a National Guard facility’’ before the period at the end. (e) ENVIRONMENTAL RESTORATION ACCOUNTS.—Section 2703(g)(1) of such title is amended by inserting ‘‘, a National Guard facility,’’ after ‘‘Department of Defense’’. (f) TECHNICAL AND CONFORMING AMENDMENTS.— (1) REPEAL.—Section 2707 of such title is amended by striking subsection (e). (2) REFERENCE UPDATE.—Section 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2715 note) is amended by striking ‘‘facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code’’ and inserting ‘‘National Guard facility, as such term is defined in section 2700 of title 10, United States Code’’. SEC. 313. MODIFICATION TO TECHNICAL ASSISTANCE AUTHORITY FOR ENVIRONMENTAL RESTORATION ACTIVITIES. Section 2705(e) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by striking ‘‘upon the request of the technical review committee or restoration advisory board for an installation’’ and inserting ‘‘upon the request of the tech- nical review committee for an installation, restoration VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00081 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 216 PUBLIC LAW 118–31—DEC. 22, 2023 advisory board for an installation, community concerned with respect to an installation, or individual member of such community’’; and (B) by striking ‘‘to obtain’’ and all that follows through ‘‘interpreting’’ and inserting ‘‘to obtain from covered sources technical assistance for the committee, advisory board, community, or individual (as the case may be) to interpret’’; (2) in paragraph (2)— (A) by striking ‘‘technical review committee or restora- tion advisory board’’ and inserting ‘‘technical review com- mittee, restoration advisory board, community, or indi- vidual’’; and (B) by striking ‘‘only if’’ and all that follows through the closing period and inserting ‘‘only if the technical assist- ance—’’ ‘‘(A) is likely to contribute to the efficiency, effective- ness, or timeliness of environmental restoration activities at the installation; or ‘‘(B) is a service described in paragraph (3).’’; and (3) by adding at the end the following new paragraphs: ‘‘(3) A service described in this paragraph is a service to improve public participation in, or assist in the navigation of, environmental restoration activities at an installation by the community concerned or an individual member of such community, including with respect to the following: ‘‘(A) The interpretation of site-related documents, including documents concerning the nature of a release or threatened release at the installation, monitoring, testing plans, and reports associated with site assessment and characterization at the installation. ‘‘(B) The interpretation of health-related information. ‘‘(C) The interpretation of documents, plans, proposed actions, and final decisions relating to— ‘‘(i) an interim remedial action; ‘‘(ii) a remedial investigation or feasibility study; ‘‘(iii) a record of decision; ‘‘(iv) a remedial design; ‘‘(v) the selection and construction of remedial action; ‘‘(vi) operation and maintenance; ‘‘(vii) a five-year review at the installation; or ‘‘(viii) a removal action at the installation. ‘‘(D) Assistance with the preparation of public comments. ‘‘(E) The development of outreach materials to improve public participation. ‘‘(F) The provision of advice and guidance regarding addi- tional technical assistance for which the community or indi- vidual, as the case may be, may be eligible. ‘‘(4) In this subsection, the term ‘covered source’ means a private sector source, a Federal department or agency other than the Department of Defense (pursuant to a Federal interagency agree- ment), or a nonprofit entity (pursuant to a cooperative agreement entered into with such entity).’’. SEC. 314. COORDINATION ON AGREEMENTS TO LIMIT ENCROACH- MENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS. Section 2684a of title 10, United States Code, is amended— Definition. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00082 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 217 PUBLIC LAW 118–31—DEC. 22, 2023 (1) by redesignating subsections (c) through (j) as sub- sections (d) through (k), respectively; (2) by inserting after subsection (b) the following new sub- section: ‘‘(c) AUTHORITY TO COORDINATE.—(1) In entering into an agree- ment under subsection (a) or undertaking a project under such agreement, the Secretary of Defense or the Secretary of a military department, as the case may be, may coordinate with any other covered official with an interest in the activities proposed to be undertaken under such agreement. ‘‘(2) In this subsection, the term ‘covered official’ means a Secretary concerned, the Director of the Army National Guard, or the Director of the Air National Guard.’’; and (3) in subsection (h)(2)(D), as redesignated by paragraph (1), by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’. SEC. 315. REQUIREMENT FOR APPROVAL BY UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT OF WAIVER FOR SYSTEMS NOT MEETING FUEL EFFICIENCY KEY PERFORMANCE PARAMETER. Section 332(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2911 note) is amended— (1) by striking ‘‘The Secretary of Defense’’ and inserting the following: ‘‘(1) IN GENERAL.—The Secretary of Defense’’; and (2) by adding at the end the following new paragraph: ‘‘(2) WAIVER OF FUEL EFFICIENCY KEY PERFORMANCE PARAM- ETER.— ‘‘(A) IN GENERAL.—The fuel efficiency key performance parameter implemented pursuant to paragraph (1) may be waived with respect to a system only if— ‘‘(i) such waiver is approved by the Under Sec- retary of Defense for Acquisition and Sustainment; and ‘‘(ii) the system is a fuel consuming system that the Under Secretary of Defense for Acquisition and Sustainment determines requires, or is likely to require, sustainment on at least an occasional basis. ‘‘(B) NONDELEGATION.—The authority to approve a waiver under subparagraph (A) may not be delegated.’’. SEC. 316. MODIFICATION TO PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY RESILIENCE AT CERTAIN MILI- TARY INSTALLATIONS. (a) MODIFICATION TO COVERED TECHNOLOGIES FOR PROTOTYPE AND DEMONSTRATION PROJECTS.—Section 322(c)(6) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2511; 10 U.S.C. 2911 note) is amended by adding at the end the following new subparagraph: ‘‘(C) Hydrogen creation, storage, and power generation technologies using natural gas or renewable electricity.’’. (b) APPLICABILITY.—The amendments made by subsection (a) shall apply with respect to covered prototype and demonstration projects (as defined in section 322(k) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2511; 10 U.S.C. 2911 note)) commencing on or after the date of the enactment of this Act. 10 USC 2911 note. Determination. Definition. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00083 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 218 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 317. AUTHORITY TO TRANSFER CERTAIN FUNDS AS PAYMENT RELATING TO NAVAL AIR STATION, MOFFETT FIELD, CALI- FORNIA. (a) AUTHORITY TO TRANSFER FUNDS.— (1) TRANSFER AUTHORITY.—The Secretary of the Navy shall, in accordance with section 2703(f) of title 10, United States Code— (A) transfer $218,125 to the Hazardous Substance Superfund established under subchapter A of chapter 98 of the Internal Revenue Code of 1986, without regard to section 2215 of such title; and (B) transfer $218,125 to the State of California for deposit into the California State Water Pollution Cleanup and Abatement Account. (2) SOURCE OF FUNDS.—Any transfer under this subsection shall be made using funds authorized to be appropriated by this Act for fiscal year 2024 for the Department of Defense Base Closure Account established by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note). (b) PURPOSE OF TRANSFER.—A transfer under subsection (a) shall be for the purpose of satisfying a stipulated penalty assessed by the Environmental Protection Agency on May 4, 2018, regarding former Naval Air Station, Moffett Field, California, under the Fed- eral Facility Agreement for Naval Air Station, Moffett Field, which was entered into by the Navy, the State of California, and the Environmental Protection Agency in 1990 pursuant to section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620), and which provided for equal sharing of any such stipulated penalty between the appro- priate Federal and State funds. (c) EFFECT OF TRANSFERS.—If the Secretary of the Navy trans- fers under subsection (a)(1) the amounts required under such sub- section, such transferred amounts shall be deemed to satisfy in full the stipulated penalty referred to in subsection (b) for purposes of the agreement referred to in such subsection, pursuant to the resolution of stipulated penalties agreed to with respect to such penalties by the Navy, the State of California, and the Environ- mental Protection Agency on October 1, 2018. SEC. 318. PROHIBITION ON REQUIRED DISCLOSURE BY DEPARTMENT OF DEFENSE CONTRACTORS OF INFORMATION RELATING TO GREENHOUSE GAS EMISSIONS. (a) PROHIBITION ON DISCLOSURE REQUIREMENTS.— (1) NONTRADITIONAL DEFENSE CONTRACTORS.—The Sec- retary of Defense may not require that any nontraditional defense contractor, as a condition of being awarded a contract with the Secretary, disclose a greenhouse gas inventory or any other report on greenhouse gas emissions, unless the Sec- retary determines that requiring such disclosure is necessary to verify a voluntary disclosure of such inventory or other report by the nontraditional defense contractor. (2) OTHER THAN NONTRADITIONAL DEFENSE CONTRACTORS.— During the one-year period beginning on the date of the enact- ment of this Act, the Secretary of Defense may not require that any individual or entity other than a nontraditional defense contractor, as a condition of being awarded a contract Time period. Determinations. 10 USC note prec. 4651. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00084 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 219 PUBLIC LAW 118–31—DEC. 22, 2023 with the Secretary, disclose a greenhouse gas inventory or any other report on greenhouse gas emissions, unless the Sec- retary determines that requiring such disclosure is necessary to verify a voluntary disclosure of such inventory or other report by the individual or entity. (b) WAIVER.—The Secretary of Defense may issue a waiver on a contract-by-contract basis provided that the information pro- vided is directly related to the performance of the contract. In issuing such a waiver, the Secretary of Defense shall ensure that any information that is required is clearly identifiable. (c) DEFINITIONS.—In this section: (1) The term ‘‘greenhouse gas’’ means— (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons; (F) perfluorocarbons; or (G) sulfur hexafluoride. (2) The term ‘‘greenhouse gas inventory’’ means, with respect to a person, a quantified list of the annual greenhouse gas emissions of the person. (3) The term ‘‘nontraditional defense contractor’’ has the meaning given the term in section 3014 of title 10, United States Code. SEC. 319. REQUIRED INFRASTRUCTURE PLAN PRIOR TO DEPLOYMENT OF CERTAIN NON-TACTICAL VEHICLES AT MILITARY INSTALLATIONS. (a) REQUIREMENT.—No Secretary concerned may deploy covered non-tactical vehicles to a military installation until, for each such prospective deployment— (1) the Secretary concerned— (A) ensures there is completed an infrastructure plan for that military installation relating to the prospective deployment; and (B) determines such plan is sufficient to ensure the satisfaction of the conditions described in subsection (b); and (2) in the case of the first prospective deployment to that military installation, a period of 180 days has elapsed since such determination; or (3) in the case of any subsequent prospective deployment to that military installation, a period of 60 days has elapsed since such determination. (b) CONDITIONS DESCRIBED.—The conditions described in this subsection are, with respect to a prospective deployment of covered non-tactical vehicles to a military installation, the following: (1) Military logistics and operational requirements of that military installation would not be substantially affected as a result of a lack of infrastructure to support the kind and quantity of such vehicles proposed to be deployed. (2) Adequate support facilities for the kind and quantity of such vehicles proposed to be deployed exist at that military installation. (c) DEFINITIONS.—In this section: Determination. Time periods. 10 USC note prec. 2661. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00085 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 220 PUBLIC LAW 118–31—DEC. 22, 2023 (1) The term ‘‘covered non-tactical vehicle’’ means a non- tactical vehicle that is an electric vehicle, hydrogen-powered vehicle, or advanced biofuel-powered vehicle, as such terms are defined in section 328 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2519). (2) The term ‘‘Secretary concerned’’ has the meaning given that term in section 101 of title 10, United States Code. SEC. 320. PROHIBITION AND REPORT REQUIREMENT RELATING TO CERTAIN ENERGY PROGRAMS OF DEPARTMENT OF DEFENSE. (a) PROHIBITION.—None of the funds authorized to be appro- priated by this Act or otherwise made available for the Department of Defense for any operational energy program may be provided to any entity owned by, or with known financial or leadership ties to, the Russian Federation or the Chinese Communist Party. (b) REPORT REQUIREMENT.—As part of the report submitted under section 2925(a) of title 10, United States Code, for fiscal year 2024, the Secretary of Defense shall submit to the congres- sional defense committees a report on operational energy programs that includes— (1) a list of each operational energy program; and (2) to the extent such information may be determined, a description of— (A) how each such program improves military readiness or capabilities; (B) how each such program shall be sustained (including in a contested environment); and (C) the estimated life-cycle costs of each such program, including the estimated cost avoidance over such life cycle. (c) OPERATIONAL ENERGY PROGRAM DEFINED.—In this section, the term ‘‘operational energy program’’ means any program carried out under an operational energy initiative of the Department of Defense specified in section 2925(b)(3) of title 10, United States Code. SEC. 321. REPORT ON SCHEDULE AND COST ESTIMATES FOR COMPLE- TION OF TESTING AND REMEDIATION OF CONTAMINATED SITES; PUBLICATION OF CLEANUP INFORMATION. (a) REPORT REQUIRED.— (1) REPORT.—Not later than one year after the date of the enactment of this Act, and once every two years thereafter until December 31, 2029, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Rep- resentatives and the Senate a report that includes— (A) a proposed schedule for the completion of testing and remediation activities (including with respect to the remediation of perfluoroalkyl substances and polyfluoroalkyl substances) at military installations, National Guard facilities, and sites formerly used by the Department of Defense in the United States with respect to which the Secretary obligated funds for environmental restoration activities in fiscal year 2022; (B) for each site specified in subparagraph (A) for which an element of the Department of Defense has com- pleted a remedial investigation but for which testing and Proposal. Termination date. Cost estimate. List. Russia. China. 10 USC note prec. 2922. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00086 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 221 PUBLIC LAW 118–31—DEC. 22, 2023 remediation activities have not been completed, a detailed cost estimate— (i) for any such activities to be carried out at such site during the following year; and (ii) for the completion of such activities at such site; (C) if either cost estimate specified in subparagraph (B) is unavailable with respect to a given site specified in subparagraph (A), a detailed description of known and unknown factors, including site characteristics and the nature of contamination, that may affect the cost to com- plete testing and remediation activities at such site based on historical costs of remediation for— (i) sites remediated under the Defense Environ- mental Restoration Program under section 2701 of title 10, United States Code; (ii) other federally-funded sites; or (iii) privately-funded sites; and (D) for each site specified in subparagraph (A) for which the Secretary has completed the preliminary assess- ment or site inspection phase and that has been designated as requiring a remedial investigation or study on the feasi- bility of remediating the site, the timeline for the comple- tion of such investigation or study. (2) DEFINITIONS.—In this subsection: (A) The term ‘‘military installation’’ has the meaning given such term in section 2801(c) of title 10, United States Code. (B) The term ‘‘National Guard facility’’ has the meaning given that term in section 2700 of title 10, United States Code. (b) PUBLICATION OF INFORMATION.—Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall publish on the publicly available website estab- lished under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note) timely and regularly updated information on the status of cleanup at sites for which the Secretary has obligated funds for environmental restoration activities. Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Sub- stances SEC. 331. MODIFICATION OF TIMING OF REPORT ON ACTIVITIES OF PFAS TASK FORCE. Section 2714(f) of title 10, United States Code, is amended by striking ‘‘and quarterly thereafter,’’ and inserting ‘‘and annually thereafter through 2029,’’. SEC. 332. BUDGET JUSTIFICATION DOCUMENT FOR FUNDING RELATING TO PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES. Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section: Public information. Web posting. Updates. 10 USC 2701 note. Timeline. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00087 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 222 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘§ 2716. Budget justification document for funding relating to perfluoroalkyl substances and polyfluoroalkyl substances ‘‘The Secretary of Defense shall submit to Congress, concurrent with the submission to Congress of the budget of the President for each fiscal year pursuant to section 1105(a) of title 31, a separate budget justification document that consolidates all information per- taining to activities of the Department of Defense relating to perfluoroalkyl substances or polyfluoroalkyl substances, including funding for and descriptions of— ‘‘(1) research and development efforts; ‘‘(2) testing; ‘‘(3) remediation; ‘‘(4) contaminant disposal; and ‘‘(5) community outreach.’’. SEC. 333. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY. Section 316(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350) is amended by adding at the end the following new clause: ‘‘(iv) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $5,000,000 during fiscal year 2024 to the Sec- retary of Health and Human Services to pay for the study and assessment required by this section.’’. SEC. 334. PRIZES FOR DEVELOPMENT OF TECHNOLOGY FOR THERMAL DESTRUCTION OF PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (a) PRIZES.—Section 330 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2661 note prec.), as amended by section 343 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2530), is further amended— (1) in subsection (a), by adding at the end the following new paragraph: ‘‘(3) Technology for the thermal destruction of perfluoroalkyl substances or polyfluoroalkyl substances.’’; and (2) in subsection (g), by striking ‘‘October 1, 2024’’ and inserting ‘‘December 31, 2026’’. (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Department of Defense for fiscal year 2024 $1,000,000 to carry out this section. SEC. 335. TREATMENT OF CERTAIN MATERIALS CONTAMINATED WITH PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. Section 343 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1643; 10 U.S.C. 2701 note) is amended— (1) in subsection (a), by striking ‘‘Beginning not later’’ and inserting ‘‘Except as provided in subsection (c), beginning not later’’; Time period. 10 USC prec. 2700, 2716. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00088 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 223 PUBLIC LAW 118–31—DEC. 22, 2023 (2) by redesignating subsections (c) through (e) as sub- sections (d) through (f), respectively; (3) by inserting after subsection (b) the following new sub- section: ‘‘(c) TREATMENT OF CERTAIN MATERIALS.—Notwithstanding sub- section (a), until the date on which the Secretary adopts the final rule pursuant to subsection (b), the Secretary may treat covered materials, including soils that have been contaminated with PFAS, through the use of any remediation or disposal technology that is approved by the Administrator of the Environmental Protection Agency.’’; and (4) in subsection (e), as redesignated by paragraph (2), by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’. SEC. 336. GOVERNMENT ACCOUNTABILITY OFFICE REPORTS ON TESTING AND REMEDIATION OF PERFLUOROALKYL SUB- STANCES AND POLYFLUOROALKYL SUBSTANCES. Not later than one year after the date of the enactment of this Act, and not later than five years thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report assessing the state of ongoing testing and remediation by the Department of Defense of current or former military installations contaminated with perfluoroalkyl substances or polyfluoroalkyl substances, including— (1) an assessment of the thoroughness, pace, and cost- effectiveness of efforts of the Department to conduct testing and remediation relating to such substances; (2) recommendations to improve such efforts; and (3) such other matters as the Comptroller General deter- mines appropriate. Subtitle D—Logistics and Sustainment SEC. 341. MODIFICATION OF RULE OF CONSTRUCTION REGARDING PROVISION OF SUPPORT AND SERVICES TO NON-DEPART- MENT OF DEFENSE ORGANIZATIONS AND ACTIVITIES. Section 2012(i) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and (B), respectively; (2) in the matter preceding subparagraph (A), as redesig- nated by paragraph (1), by striking ‘‘Nothing in this section’’ and inserting ‘‘(1) Nothing in this section’’; (3) in subparagraph (A), as so redesignated, by inserting ‘‘, except as provided in paragraph (2),’’ before ‘‘for response’’; and (4) by adding at the end the following new paragraph: ‘‘(2) Funds available to the Secretary of a military department for operation and maintenance for the Innovative Readiness Training program (as established pursuant to this section) may be expended under this section, upon approval by the Secretary concerned, to assist in demolition, clearing of roads, infrastructure improvements, and military construction to restore an area after a natural disaster.’’. Determination. Recommenda- tions. Assessments. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00089 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 224 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 342. REPEAL OF COMPTROLLER GENERAL REVIEW REQUIRE- MENT RELATING TO CORE LOGISTICS CAPABILITIES. Section 2464 of title 10, United States Code, is amended by striking subsection (e). SEC. 343. MODIFICATIONS TO CONTESTED LOGISTICS WORKING GROUP OF DEPARTMENT OF DEFENSE. Section 2926(d) of title 10, United States Code, is amended as follows: (1) EXPANSION OF WORKING GROUP.— (A) EXPANSION.—In paragraph (3)— (i) in the matter preceding subparagraph (A), by striking ‘‘appointed’’; and (ii) by adding at the end the following new sub- paragraphs: ‘‘(D) A senior official of the Defense Logistics Agency, who shall be appointed by the Director of the Defense Logistics Agency to represent the Defense Logistics Agency. ‘‘(E) An official of the Office of the Under Secretary of Defense for Research and Engineering, who shall be nominated by the Secretary of Defense and confirmed by the Senate to represent such Office. ‘‘(F) The Assistant Secretary of Defense for Acquisition, who shall represent the Office of the Under Secretary of Defense for Acquisition. ‘‘(G) The Assistant Secretary of Defense for Sustainment, who shall represent the Office of the Assistant Secretary of Defense for Sustainment.’’. (B) TIMING.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall appoint the additional members of the working group required under subparagraphs (D) through (G) of para- graph (3) of such section, as added by subparagraph (A). (2) RESPONSIBILITIES OF MEMBERS.—In paragraph (4), by inserting ‘‘, or developing capabilities for such purposes,’’ after ‘‘coordinated initiatives’’. (3) MEETINGS; REPORTS.—By adding at the end the fol- lowing new paragraphs: ‘‘(6) The working group under paragraph (1) shall meet not less frequently than quarterly. ‘‘(7)(A) Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of the following: ‘‘(i) The topics addressed in the meetings of the working group during the preceding year. ‘‘(ii) The priorities of the working group for the following year (including with respect to any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities) in support of the operational plans of the Department of Defense. ‘‘(iii) Any steps taken by the working group, as of the date of the submission, to address any identified shortfalls in budget or capabilities. ‘‘(B) Each report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.’’. Priorities. Time period. Reports. Time period. Deadline. Appointments. 10 USC 2926 note. Nomination. Appointment. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00090 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 225 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 344. MATTERS RELATING TO BRIEFINGS ON SHIPYARD INFRA- STRUCTURE OPTIMIZATION PROGRAM OF THE NAVY. (a) MODIFICATION TO BRIEFING REQUIREMENT.—Section 355(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 8013 note) is amended by adding at the end the following new subparagraph: ‘‘(D) A risk analysis of how the schedule for such project affects the availability schedule for submarines and aircraft carriers, including the following: ‘‘(i) A timeline for the completion of such project, including construction dates and dates of planned maintenance at each shipyard under such project. ‘‘(ii) Contingency maintenance plans if such project is delayed, including any backup location for mainte- nance availabilities determined by the Chief Naval Officer and any resulting alteration in plans or sched- ules for maintenance. ‘‘(iii) The effect on public shipyards should a delay to such project result in the implementation of a contin- gency plan pursuant to clause (ii), including the effect on the workforce and workload capacity at the public shipyard with respect to which such project is con- ducted. ‘‘(iv) A cost-benefit analysis of the potential for private shipyards to assist with such workload should such project be delayed, including an identification of any gaps in the capability of private shipyards to con- duct the maintenance described in clause (ii). ‘‘(v) An assessment of whether greater flexibilities in authorities are necessary to better support fleet maintenance needs and the Shipyard Infrastructure Optimization Program.’’. (b) BRIEFING ON IMPLEMENTATION STATUS.—Not later than October 1, 2024, the Secretary of the Navy shall provide to the congressional defense committees a briefing on the status of the implementation of the Shipyard Infrastructure Optimization Pro- gram of the Department of the Navy. Such briefing shall include, with respect to each covered project, the information specified in each of subparagraphs (A) through (D) of section 355(b)(2) of the National Defense Authorization Act for Fiscal Year 2022, as amended by subsection (a). SEC. 345. FOREIGN MILITARY SALES EXCLUSION IN CALCULATION FOR CERTAIN WORKLOAD CARRYOVER OF DEPARTMENT OF THE ARMY. Section 377 of the James M. Inhofe National Defense Authoriza- tion Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2542; 10 U.S.C. 2476 note) is amended by striking ‘‘that applies’’ and all that follows through the closing period and inserting ‘‘that— ’’ ‘‘(1) applies a material end of period exclusion; and ‘‘(2) excludes from the calculated carryover amount the proceeds of any foreign military sale.’’. Deadline. Assessment. Cost-benefit analysis. Plans. Determination. Timeline. Risk analysis. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00091 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 226 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 346. PILOT PROGRAM ON OPTIMIZATION OF AERIAL REFUELING AND FUEL MANAGEMENT IN CONTESTED LOGISTICS ENVIRONMENTS THROUGH USE OF ARTIFICIAL INTEL- LIGENCE. (a) DESIGN OF PILOT PROGRAM.— (1) DESIGN.—Not later than 90 days after the date of the enactment of this Act, the Chief Digital and Artificial Intel- ligence Officer of the Department of Defense, in collaboration with the Under Secretary of Defense for Acquisition and Sustainment and the Chief of Staff of the Air Force, shall design a pilot program to optimize the logistics of aerial refueling and fuel management in the context of contested logistics environments through the use of advanced digital tech- nologies and artificial intelligence (in this section referred to as the ‘‘pilot program’’). (2) COORDINATION AND CONSULTATION.—In designing the pilot program, the Chief Digital and Artificial Intelligence Officer shall— (A) coordinate with the Commander of the United States Transportation Command and the Commander of the United States Indo-Pacific Command regarding the activities to be carried out under the pilot program, to ensure the pilot program will align with existing oper- ational requirements; and (B) seek to consult with relevant experts in the fields of artificial intelligence, logistics, aviation, and fuel management. (b) OBJECTIVES.—The objectives of the pilot program shall include the following: (1) Assessing the feasibility and effectiveness of artificial intelligence-driven approaches in enhancing aerial refueling operations and fuel management processes compared to existing mission planning processes executed by members of the Air Force with relevant training. (2) Identifying opportunities to reduce fuel consumption, decrease operational costs, and minimize the environmental impact of fuel management while maintaining military readi- ness. (3) Evaluating the interoperability and compatibility of artificial intelligence-enabled systems with the existing logistics infrastructure of the Department of Defense. (4) Enhancing situational awareness and decision-making capabilities through real-time data analysis and predictive mod- eling. (5) Addressing potential challenges and risks associated with the integration of artificial intelligence and other advanced digital technologies, including challenges and risks involving cybersecurity concerns. (c) COMMENCEMENT.—Not later than one year after the date of the enactment of this Act, the Chief Digital and Artificial Intel- ligence Officer, in collaboration with the Under Secretary of Defense for Acquisition and Sustainment and the Chief of Staff of the Air Force, shall commence the pilot program. (d) REPORT.—Not later than one year after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on— Deadline. Evaluations. Assessments. Deadline. 10 USC 4001 note. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00092 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 227 PUBLIC LAW 118–31—DEC. 22, 2023 (1) the design of the pilot program under subsection (a); (2) the status of any efforts underway to commence the pilot program under subsection (c); and (3) any planned future activities to be carried out under the pilot program to test expected outcomes regarding improved efficiencies or other benefits that may be derived from artificial intelligence-driven approaches to aerial refueling operations and fuel management. (e) TERMINATION.—The authority to conduct the pilot program under this section shall terminate on January 1, 2027. SEC. 347. LIMITATION ON AVAILABILITY OF FUNDS TO EXPAND LEASED FACILITIES FOR JOINT MILITARY INFORMATION SUPPORT OPERATIONS WEB OPERATIONS CENTER. None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for Operation and Maintenance, Defense-wide, may be obligated or expended to expand leased facilities for the Joint Military Information Support Operations Web Operations Center until the Secretary of Defense submits to the congressional defense committees a validated man- power study for such center that includes the following: (1) Validated estimates of the number of personnel from the United States Special Operations Command and the other combatant commands that will be housed in leased facilities of such center. (2) An explanation of how such estimates are aligned with and support the priorities established by the national defense strategy under 113(g) of title 10, United States Code. SEC. 348. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMIS- SION OF CERTAIN 30-YEAR SHIPBUILDING PLAN BY THE SECRETARY OF THE NAVY. (a) PLAN REQUIRED.—The Secretary of the Navy shall include with the defense budget materials for fiscal year 2025 (as submitted to Congress in support of the budget of the President under section 1105(a) of title 31, United States Code) a 30-year shipbuilding plan that meets the statutory requirement to maintain 31 amphib- ious warships as found in section 8062(b) of title 10, United States Code. (b) LIMITATION.—If the Secretary of the Navy does not submit to the congressional defense committees a 30-year shipbuilding plan as described in subsection (a), not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for Administration and Servicewide Activities, Operation and Maintenance, Navy, may be obligated or expended until the date on which the Secretary of the Navy submits to the congressional defense committees a 30- year shipbuilding plan as described in such subsection. (c) AMPHIBIOUS WARSHIP DEFINED.—In this section, the term ‘‘amphibious warship’’ means a ship that is classified as an amphib- ious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD) that is included in the Battle Force Inventory in accordance with instruction 5030.8D of the Secretary of the Navy, or a successor instruction. Estimates. Study. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00093 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 228 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 349. PLAN REGARDING CONDITION AND MAINTENANCE OF PREPOSITIONED STOCKPILES OF THE ARMY. (a) PLAN REQUIRED.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall develop a plan to improve the required inspection procedures for the prepositioned stockpiles of the Army, for the purpose of identi- fying deficiencies and conducting maintenance repairs at levels necessary to ensure such prepositioned stockpiles are mission- capable. (b) IMPLEMENTATION.—Not later than 30 days after the date on which the Secretary completes the development of the plan under subsection (a), and not less frequently than twice each year thereafter for the three-year period beginning on the date of the enactment of this Act, the Secretary shall inspect the prepositioned stockpiles of the Army in accordance with the procedures under such plan. (c) BRIEFINGS.— (1) BRIEFING ON PLAN.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing on the plan developed under subsection (a). (2) BRIEFINGS ON STATUS OF PREPOSITIONED STOCKPILES.— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the three-year period beginning on the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense committees a briefing on the status and condition of the prepositioned stockpiles of the Army. SEC. 350. STRATEGY AND ASSESSMENT ON USE OF AUTOMATION AND ARTIFICIAL INTELLIGENCE FOR SHIPYARD OPTIMIZA- TION. (a) STRATEGY.—The Secretary of the Navy, in coordination with the Shipyard Infrastructure Optimization Program of the Depart- ment of the Navy, shall develop and implement a strategy to lever- age commercial best practices used in shipyards to improve the efficiency of operations and to demonstrate a digital platform that uses artificial intelligence to analyze data on the maintenance and condition of shipboard assets of the Navy at shipyards, for the purpose of improving the readiness of the Armed Forces, predicting and diagnosing issues prior to the occurrence of such issues, and lowering maintenance costs. (b) ASSESSMENT.—The Secretary of the Navy shall conduct an assessment of the costs of maintenance delays on shipboard assets of the Navy and the potential cost savings of adopting artificial intelligence predictive maintenance technologies to assist in the determination of the condition of in-service equipment and estimate when maintenance should be performed prior to failure or end of life of such equipment. Such assessment shall include— (1) an analysis of maintenance delays and costs due to unplanned and unpredicted maintenance issues; (2) an evaluation of opportunities to demonstrate commer- cial best practices at shipyards, including the demonstration of artificial intelligence technologies to ensure timely pre- dictions for individuals responsible for maintenance and plan- ning at shipyards by connecting datasets, executing models, and providing outputs in near real-time; Evaluation. Analysis. 10 USC 8013 note. Deadlines. Time periods. 10 USC 2229 note. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00094 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 229 PUBLIC LAW 118–31—DEC. 22, 2023 (3) an identification of shipyard assets of the Navy with sufficient data available to enable near-term demonstrations of artificial intelligence predictive maintenance technologies, and an estimate of resources needed within the Navy to accel- erate such demonstrations with respect to such assets; and (4) an identification of any policy or technical challenges to implementing artificial intelligence or machine learning for purposes of carrying out the Shipyard Infrastructure Optimiza- tion Program of the Department of the Navy. (c) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall provide to the congressional defense committees a briefing on— (1) the strategy under subsection (a); (2) the results of the assessment under subsection (b); and (3) a plan to execute any measures pursuant to such assess- ment. SEC. 351. ASSESSMENT AND STRATEGY RELATING TO HARDENING OF CERTAIN MILITARY INSTALLATIONS AGAINST ATTACK BY IRAN AND IRANIAN-ASSOCIATED GROUPS. (a) ASSESSMENT AND STRATEGY.—The Secretary of Defense, in coordination with the Commander of the United States Central Command, shall— (1) conduct an assessment of the air and missile defense capabilities at covered military installations with respect to defense against potential attacks from Iran, the Islamic Revolu- tionary Guard Corps, and any associated groups; and (2) taking into account the results of such assessment, develop a strategy to expedite the hardening of covered military installations and the upgrade of air and missile defense capabilities at such installations to improve defense against such potential attacks. (b) REPORTS.— (1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the results of the assessment under subsection (a)(1) and the strategy developed under subsection (a)(2). (2) UPDATE.—Not later than 180 days after the date on which the Secretary submits the report under paragraph (1), the Secretary shall submit to the congressional defense commit- tees a report containing a description of any update made to such assessment or progress made in implementing such strategy. (c) DEFINITIONS.—In this section: (1) The term ‘‘covered military installation’’ means a mili- tary installation located in the area of responsibility of the United States Central Command. (2) The term ‘‘military installation’’ has the meaning given such term in section 2801 of title 10, United States Code. SEC. 352. SEMIANNUAL BRIEFINGS ON OPERATIONAL STATUS OF AMPHIBIOUS WARSHIP FLEET. (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, and on a semiannual basis thereafter until September 30, 2026, the Secretary of the Navy shall provide Deadline. Termination date. Plan. Deadline. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00095 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 230 PUBLIC LAW 118–31—DEC. 22, 2023 to the congressional defense committees a briefing on the oper- ational status of the amphibious warship fleet of the Department of the Navy. (b) ELEMENTS.—Each briefing under subsection (a) shall include, with respect to each amphibious warship within such fleet, the following information: (1) The average quarterly operational availability of the amphibious warship. (2) The number of days the amphibious warship was under- way during the period covered by the briefing as follows: (A) Training for the purpose of supporting the require- ments set forth in the training and readiness manual of the Marine Corps, including unit level well-deck training, flight-deck operations training, and Amphibious Ready Group and Marine Expeditionary Unit integrated training. (B) Deployed, which shall not include scheduled or unscheduled in-port maintenance. (3) A baseline and current estimate of the completion date for in-work and scheduled and unscheduled maintenance for the amphibious warship. (4) An update on any delays in the completion of scheduled or unscheduled maintenance, and on any casualty reports, of the amphibious warship affecting the following: (A) Scheduled unit level well-deck or flight-deck oper- ations training of the Marine Corps. (B) Requirements set forth in the training and readi- ness manual of the Marine Corps, including with respect to mobility, communications, amphibious well-deck oper- ations, aviation operations, and warfare training. (C) The composition and deployment dates of Amphib- ious Ready Groups and Marine Expeditionary Units that are deployed or scheduled to be deployed. (5) A plan to schedule maintenance and repair for the amphibious warship in a manner that provides for the contin- uous operation of a total of three Amphibious Ready Groups and Marine Expeditionary Units as soon as practicable. (c) DEFINITIONS.—In this section: (1) The term ‘‘amphibious warship’’ means a ship that is classified as an amphibious assault ship (general purpose), an amphibious assault ship (multi-purpose), an amphibious transport dock, or a dock landing ship and is included within the battle force inventory of the Department of the Navy in accordance with the instruction from the Secretary of the Navy published on June 28, 2022, titled ‘‘General Guidance for the Classification of Naval Vessels and Battle Force Ship Counting Procedures’’ (SECNAVINST 5030.8), or any successor instruc- tion. (2) The terms ‘‘Amphibious Ready Group’’ and ‘‘Marine Expeditionary Unit’’ mean a group or unit, as the case may be, that consists of a minimum of three amphibious warships, comprised of at least— (A) one amphibious assault ship (general purpose) or amphibious assault ship (multi-purpose); and (B) one amphibious transport dock. Plan. Update. Estimate. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00096 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 231 PUBLIC LAW 118–31—DEC. 22, 2023 Subtitle E—Other Matters SEC. 361. REVIEW OF NOTICE OF PRESUMED RISK ISSUED BY MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARING- HOUSE. Section 183a(c)(3) of title 10, United States Code, is amended by inserting ‘‘The Clearinghouse shall ensure that a governor has at least 30 days after the date on which the governor receives the notice of presumed risk to provide any such comments and shall provide detailed information and other information necessary to ensure that the governor can fully understand the nature of the presumed risk.’’ after the first sentence. SEC. 362. MODIFICATIONS TO MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE FOR REVIEW OF MISSION OBSTRUCTIONS. (a) PROJECTS PROPOSED WITHIN TWO NAUTICAL MILES OF ANY ACTIVE INTERCONTINENTAL BALLISTIC MISSILE LAUNCH FACILITY OR CONTROL CENTER.—Section 183a of title 10, United States Code, is amended— (1) in subsection (d)(2)— (A) in subparagraph (B), by inserting ‘‘or any active intercontinental ballistic missile launch facility or control center’’ after ‘‘military training routes’’; and (B) in subparagraph (E), by striking ‘‘or a Deputy Under Secretary of Defense’’ and inserting ‘‘a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active intercontinental ballistic missile launch facility or control center, the Assistant Sec- retary of Defense for Energy, Installations, and Environ- ment’’; and (2) in subsection (e)(1)— (A) in the first sentence— (i) by striking ‘‘The Secretary’’ and inserting ‘‘(A) The Secretary’’; and (ii) by inserting ‘‘or antenna structure project’’ after ‘‘energy project’’; (B) in the second sentence, by striking ‘‘The Secretary of Defense’s finding of unacceptable risk to national secu- rity’’ and inserting the following new subparagraph: ‘‘(C) Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph’’; and (C) by inserting after subparagraph (A), as designated by subparagraph (A)(i) of this paragraph, the following new subparagraph: ‘‘(B)(i) In the case of any energy project or antenna structure project with proposed structures more than 200 feet above ground level located within two nautical miles of the geographic center of an active intercontinental ballistic missile launch facility or con- trol center, the Secretary of Defense shall issue a finding of unacceptable risk to national security for such project if the mitiga- tion actions identified pursuant to this section do not include removal of all such proposed structures from such project after receiving notice of presumed risk from the Clearinghouse under subsection (c)(2). Time period. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00097 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 232 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(ii) Clause (i) does not apply to structures approved before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 or to structures that are re-powered with updated technology in the same location as previously approved structures.’’. (b) INCLUSION OF ANTENNA STRUCTURE PROJECTS.— (1) IN GENERAL.—Such section is further amended— (A) by inserting ‘‘or antenna structure projects’’ after ‘‘energy projects’’ each place it appears; and (B) by inserting ‘‘or antenna structure project’’ after ‘‘energy project’’ each place it appears (except for sub- sections (e)(1) and (h)(2)). (2) ANTENNA STRUCTURE PROJECT AND INTERCONTINENTAL BALLISTIC MISSILE LAUNCH FACILITY OR CONTROL CENTER DEFINED.—Section 183a(h) of such title is amended— (A) by redesignating paragraphs (2) through (9) as paragraphs (4) through (11), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: ‘‘(2) The term ‘antenna structure project’— ‘‘(A) means a project to construct a structure located within two nautical miles of the geographic center of any intercontinental ballistic missile launch facility or control center that— ‘‘(i) is constructed or used to transmit radio energy or that is constructed or used for the primary purpose of supporting antennas to transmit or receive radio energy (or both), and any antennas and other appur- tenances mounted on the structure, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled; and ‘‘(ii) for which notification is required to be made to the Federal Aviation Administration pursuant to processes already established under this title; and ‘‘(B) does not include— ‘‘(i) any structure constructed before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, including any such structure which is upgraded, repaired, or otherwise modified after such date of enactment as long as such upgrade, repair, or modification has not increased the height of such structure; or ‘‘(ii) any project in support of or required by an intercontinental ballistic missile launch facility or con- trol center, or any other such project that has been approved by the Secretary of Defense or the Secretary of Defense’s designee for use on the same military installation at which such facility or control center is located. ‘‘(3) The term ‘intercontinental ballistic missile launch facility or control center’ means such facilities or control centers located at the Francis E. Warren Air Force Base; the Malmstrom Air Force Base, and the Minot Air Force Base, and their respective missile fields.’’. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00098 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 233 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 363. MODIFICATION TO JOINT SAFETY COUNCIL. Title 10, United States Code, is amended— (1) by redesignating the second section 184 (relating to the Joint Safety Council) as section 185; (2) in section 185(d), as so redesignated— (A) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; (B) by inserting after paragraph (6) the following new paragraph (7): ‘‘(7) Ensuring each military department has in place, for the safety management system and program described in para- graphs (5) and (6), respectively, of that military department— ‘‘(A) a resolution plan that identifies specific corrective and preventative actions to address the causes of mishaps; and ‘‘(B) an implementation plan for such system and pro- gram.’’; (C) in paragraph (8), as redesignated by subparagraph (A), by striking ‘‘the safety management systems described in paragraphs (9) and (10)’’ and inserting ‘‘the safety management system and program described in paragraphs (5) and (6), respectively’’; and (D) by adding at the end the following new paragraphs: ‘‘(11) Not later than one year after the initial identification of corrective and preventative actions by a military department pursuant to a resolution plan under paragraph (7)(A), and periodically thereafter, reviewing and validating each such identified corrective and preventative action to ensure the action is effective. ‘‘(12) Ensuring any related change in methods, tactics, or procedures necessary for the conduct of such identified correc- tive and preventative actions have been implemented.’’. SEC. 364. DESIGNATION OF OFFICIAL RESPONSIBLE FOR COORDINA- TION OF RENEGOTIATION OF CERTAIN LAND LEASES OWNED BY DEPARTMENT OF DEFENSE IN HAWAII. (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate an official to be responsible for, in coordination with appropriate officials from the military departments (as such term is defined in section 101(a) of title 10, United States Code) and the United States Indo-Pacific Command— (1) coordinating Department of Defense-wide efforts relating to the renegotiation of land leases owned by the Depart- ment of Defense in the State of Hawaii expiring between 2029 and 2031; (2) representing the Department of Defense during any such renegotiation; and (3) ensuring clear and consistent communication to such State, State and local elected officials, and the public regarding the needs and priorities of the Department of Defense with respect to joint land use in such State. (b) SELECTION.—In making the designation under subsection (a), the Secretary of Defense may appoint an individual with a significant background and expertise in— (1) relevant legal and technical aspects of land lease issues; and Deadlines. Deadline. 10 USC prec. 171. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00099 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 234 PUBLIC LAW 118–31—DEC. 22, 2023 (2) working with State and local elected officials and the public in such State. (c) NOTIFICATION.—Not later than 30 days after the date on which the Secretary of Defense makes the designation under sub- section (a), the Secretary shall submit to the congressional defense committees and the Governor of Hawaii a notification that includes the name and contact information of the individual so designated. SEC. 365. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS EXECUTIVE AGENT FOR NAVAL SMALL CRAFT INSTRUC- TION AND TECHNICAL TRAINING SCHOOL. The Secretary of the Navy shall continue, through fiscal year 2024— (1) to perform the responsibilities of the Department of Defense executive agent for the Naval Small Craft Instruction and Technical Training School pursuant to section 352(b) of title 10, United States Code; and (2) in coordination with the Commander of the United States Special Operations Command, to provide such support, including resourcing and manpower, as may be necessary for the continued operation of such school. SEC. 366. ESTABLISHMENT OF CAISSON PLATOON AND SUPPORT FOR MILITARY AND STATE FUNERAL SERVICES AT ARLINGTON NATIONAL CEMETERY. (a) ESTABLISHMENT.—There is established in the Department of the Army an equine unit, to be known as the ‘‘Caisson Platoon’’, assigned to the 3rd Infantry Regiment of the Army. The duties of such unit shall include the provision of support for military and State funerals. (b) PROHIBITIONS ON ELIMINATION.—The Secretary of the Army may not eliminate the Caisson Platoon of the 3rd Infantry Regiment of the Army established under subsection (a). (c) BRIEFINGS.— (1) PROVISION TO CONGRESS.—Not later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter until March 31, 2027, the Sec- retary of the Army shall provide to the congressional defense committees a briefing on the health, welfare, and sustainment of military working equids. (2) ELEMENTS.—Each briefing under paragraph (1) shall include the following: (A) An assessment of the ability of the Caisson Platoon of the 3rd Infantry Regiment of the Army to support mili- tary funeral operations within Arlington National Ceme- tery, including milestones associated with achieving full operational capability for such Caisson Platoon. (B) An update on the plan of the task force known as the ‘‘Task Force-Military Working Equids’’ established by the Office of the Surgeon General, as directed by the Director of the Army Staff, in May 2022 (or any successor task force), to promote, support, and sustain animal health and welfare. (C) An update on the plan of such task force to ensure the Caisson Platoon of the 3rd Infantry Regiment of the Army has the ability to continuously support military and State funeral operations within Arlington National Ceme- tery. Assessment. Updates. Deadline. Time periods. Termination date. 10 USC 7721 note. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00100 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 235 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 367. RECOVERY OF RARE EARTH ELEMENTS AND OTHER STRA- TEGIC AND CRITICAL MATERIALS THROUGH END-OF-LIFE EQUIPMENT RECYCLING. The Secretary of Defense shall issue policies and establish procedures to— (1) identify end-of-life equipment of the Department of Defense that contains rare earth elements and other materials determined pursuant to section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)) to be strategic and critical materials; and (2) recover such materials from such equipment for the purposes of reuse by the Department of Defense. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. End strength level matters. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. 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, 2024, as follows: (1) The Army, 445,000. (2) The Navy, 337,800. (3) The Marine Corps, 172,300. (4) The Air Force, 320,000. (5) The Space Force, 9,400. SEC. 402. END STRENGTH LEVEL MATTERS. Section 115 of title 10, United States Code, is amended— (1) in subsection (f)(2), by striking ‘‘not more than 2 per- cent’’ and inserting ‘‘not more than 3 percent’’; and (2) in subsection (g)(1), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: ‘‘(A) vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdic- tion of that Secretary by a number not equal to more than 2 percent of such authorized end strength; ‘‘(B) vary the end strength pursuant to subsection (a)(1)(B) for a fiscal year for the armed force or forces under the jurisdic- tion of that Secretary by a number not equal to more than 2 percent of such authorized end strength; and Policies. Procedures. 10 USC 4811 note. VerDate Sep 11 2014 09:46 Mar 01, 2024 Jkt 049139 PO 00031 Frm 00101 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 236 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(C) vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve compo- nent of the armed force or forces under the jurisdiction of that Secretary by a number equal to not more than 2 percent of such authorized end strength.’’. 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, 2024, as follows: (1) The Army National Guard of the United States, 325,000. (2) The Army Reserve, 174,800. (3) The Navy Reserve, 57,200. (4) The Marine Corps Reserve, 32,000. (5) The Air National Guard of the United States, 105,000. (6) The Air Force Reserve, 69,600. (7) The Coast Guard Reserve, 7,000. (b) END STRENGTH REDUCTIONS.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) 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 (2) 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. (c) END STRENGTH INCREASES.—Whenever units or individual members of the Selected Reserve for 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 SUP- PORT 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, 2024, 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: (1) The Army National Guard of the United States, 30,845. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,327. (4) The Marine Corps Reserve, 2,355. (5) The Air National Guard of the United States, 25,333. (6) The Air Force Reserve, 6,003. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00102 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 237 PUBLIC LAW 118–31—DEC. 22, 2023 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 2024 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 7,990. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 6,882. SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. During fiscal year 2024, 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: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. Subtitle C—Authorization of Appropriations SEC. 421. MILITARY PERSONNEL. (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby authorized to be appropriated for fiscal year 2024 for the use of the Armed Forces and other activities and agencies of the Depart- ment of Defense for expenses, not otherwise provided for, for mili- tary personnel, as specified in the funding table in section 4401. (b) CONSTRUCTION OF AUTHORIZATION.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2024. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Policy Sec. 501. Authorized strength: general and flag officers on active duty. Sec. 502. Extension of active duty term for Attending Physician at United States Capitol. Sec. 503. Updating authority to authorize promotion transfers between components of the same Armed Force or a different Armed Force. Sec. 504. Flexibility in determining terms of appointment for certain senior officer positions. Sec. 505. Realignment of Navy spot-promotion quotas. Sec. 506. Authority to increase the number of medical and dental officers rec- ommended for promotion to certain grades. Sec. 507. Prohibition on appointment or nomination of certain officers who are sub- ject to special selection review boards. Sec. 508. Effect of failure of selection for promotion. Sec. 509. Improvements relating to service obligation for Marine Corps cyberspace operations officers. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00103 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 238 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 509A. Time in grade requirements. Sec. 509B. Establishment of Legislative Liaison of the Space Force. Sec. 509C. Extension of authority to vary number of Space Force officers considered for promotion to major general. Sec. 509D. Briefing on number of general officers of the Space Force on active duty. Subtitle B—Reserve Component Management Sec. 511. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee. Sec. 512. Grade of Vice Chief of the National Guard Bureau. Sec. 513. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands. Sec. 514. Alternative promotion authority for reserve officers in designated com- petitive categories. Sec. 515. Authorization for FireGuard Program. Sec. 516. Designation of at least one general officer of the Marine Corps Reserve as a joint qualified officer. Subtitle C—General Service Authorities and Prohibitions Sec. 521. Permanent authority to order retired members to active duty in high-de- mand, low-density appointments. Sec. 522. Prohibition on policy of the Department of Defense regarding identifica- tion of gender or personal pronouns in official correspondence. Sec. 523. Prohibition on former members of the Armed Forces accepting post-serv- ice employment with certain foreign governments. Sec. 524. Verification of the financial independence of financial services counselors in the Department of Defense. Sec. 525. Modification of requirements for approval of foreign employment by re- tired and reserve members of uniformed services. Sec. 526. Consideration of reinstatement of a member of the Armed Forces involun- tarily separated on the basis of refusal to receive a vaccination against COVID-19. Sec. 527. Reviews of characterization of administrative discharges of certain mem- bers on the basis of failure to receive COVID-19 vaccine. Sec. 528. Certain members discharged or dismissed on the sole basis of failure to obey a lawful order to receive a vaccine for COVID-19: communication strategy regarding reinstatement process. Sec. 529. Continuing military service for certain members eligible for chapter 61 re- tirement. Sec. 529A. Threat-based security services and equipment for certain former or re- tired Department of Defense personnel. Sec. 529B. Limitation on establishment of new diversity, equity, and inclusion posi- tions; hiring freeze. Sec. 529C. Requirement to base military accessions and promotions on merit and performance. Subtitle D—Military Justice and Other Legal Matters Sec. 531. Technical and conforming amendments to the Uniform Code of Military Justice. Sec. 532. Establishment of staggered terms for members of the Military Justice Re- view Panel. Sec. 533. Supreme Court review of certain actions of the United States Court of Ap- peals for the Armed Forces. Sec. 534. Additional requirements for initiative to enhance the capability of mili- tary criminal investigative organizations to prevent and combat child sexual exploitation. Sec. 535. Limitation on availability of funds for relocation of Army CID special agent training course. Sec. 536. Study on requirement for unanimous votes for findings in general and special courts-martial and related milestones for implementation. Sec. 537. Study on removal of Sexual Assault Victim Advocates from the chain of command of victims. Subtitle E—Accession Standards and Recruitment Sec. 541. Increased access to potential recruits at secondary schools. Sec. 542. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level. Sec. 543. Increased access to potential recruits at institutions of higher education. Sec. 544. Increase in accession bonus for nurse officer candidates. Sec. 545. Improvements to medical standards for accession to certain Armed Forces. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00104 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 239 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 546. Future servicemember preparatory course. Sec. 547. Pilot program on cardiac screenings for military accessions. Sec. 548. Community college Enlisted Training Corps demonstration program. Sec. 549. Annual briefings on military recruitment practices in public secondary schools and community colleges. Subtitle F—Junior Reserve Officers’ Training Corps Sec. 551. Expansion of Junior Reserve Officers’ Training Corps. Sec. 552. Requirement for memoranda of understanding addressing certain matters pertaining to units of the Junior Reserve Officers’ Training Corps. Sec. 553. Junior Reserve Officers’ Training Corps administrator and instructor compensation. Sec. 554. Prohibition of establishment or maintenance of a unit of the Junior Re- serve Officers’ Training Corps at an educational institution owned, oper- ated, or controlled by the Chinese Communist Party. Sec. 555. Enforcement of program requirements for the Junior Reserve Officers’ Training Corps. Sec. 556. Annual report on allegations of sexual misconduct in Junior Reserve Offi- cers’ Training Corps programs. Subtitle G—Member Education Sec. 561. Service Academies: numbers of nominations by Members of Congress and appointments by the Secretaries of the military departments. Sec. 562. Increase in the number of nominees from Guam to the Service Academies. Sec. 563. Consideration of standardized test scores in military service academy ap- plication process. Sec. 564. Service Academy professional sports pathway report and legislative pro- posal required. Sec. 565. Briefing on inclusion of advanced research programs at certain institu- tions of professional military education. Subtitle H—Member Training and Transition Sec. 571. Amendments to pathways for counseling in the Transition Assistance Pro- gram. Sec. 572. Skillbridge: staffing; budgeting; outreach; report. Sec. 573. Extension of Troops-to-Teachers program to the Job Corps. Sec. 574. Troops-to-Teachers Program: expansion; extension. Sec. 575. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense. Sec. 576. Prohibition on use of Federal funds to endorse critical race theory. Sec. 577. Increased fitness standards for Army close combat force military occupa- tional specialties. Sec. 578. Publication of training materials of the Defense Equal Opportunity Man- agement Institute. Sec. 579. Prohibition on Federal funds for the Department of Defense Countering Extremism Work Group. Subtitle I—Family Programs, Child Care, and Dependent Education Sec. 581. Non-medical counseling services for military families. Sec. 582. Increase in the target funding level for military child care. Sec. 583. Modifications to assistance to local educational agencies that benefit de- pendents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations. Sec. 584. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 585. Outreach campaign relating to waiting lists for military child develop- ment centers; annual briefing. Sec. 586. Briefings on pilot program on hiring of special needs inclusion coordina- tors for Department of Defense child development centers. Sec. 587. Briefings on implementation of universal pre-kindergarten programs in schools operated by the Department of Defense Education Activity. Sec. 588. Report on mental health and wellness support for students enrolled in schools operated by the Department of Defense Education Activity. Sec. 589. Rights of parents of children attending schools operated by the Depart- ment of Defense Education Activity. Subtitle J—Decorations and Awards and Other Personnel Matters, Reports, and Briefings Sec. 591. Armed Forces workplace surveys. Sec. 592. Due date for report on efforts to prevent and respond to deaths by suicide in the Navy. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00105 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 240 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 593. Extension of deadline for review of World War I valor medals. Sec. 594. Digital ambassador program of the Navy: cessation; report; restart. Subtitle A—Officer Policy SEC. 501. AUTHORIZED STRENGTH: GENERAL AND FLAG OFFICERS ON ACTIVE DUTY. (a) REPEAL OF OBSOLETE AUTHORITY; REDESIGNATION.— Chapter 32 of title 10, United States Code, is amended— (1) by repealing section 526; (2) by redesignating section 526a as section 526; (3) in the table of sections for such chapter, by striking the item relating to section 526a; and (4) in the section heading for section 526, as redesignated by paragraph (2), by striking ‘‘ after December 31, 2022 ’’. (b) INCREASED AUTHORIZED STRENGTH.—Section 526 of title 10, United States Code, as redesignated and amended by subsection (a), is further amended— (1) in subsection (a)— (A) by striking ‘‘after December 31, 2022,’’; (B) in paragraph (1), by striking ‘‘218’’ and inserting ‘‘219’’; (C) in paragraph (2), by striking ‘‘149’’ and inserting ‘‘150’’; (D) in paragraph (3), by striking ‘‘170’’ and inserting ‘‘171’’; and (E) in paragraph (4), by striking ‘‘62’’ and inserting ‘‘64’’; and (2) by redesignating the second subsection designated as subsection (i) as subsection (j). (c) REPEAL OF EXCLUSION OF OFFICERS SERVING AS LEAD SPE- CIAL TRIAL COUNSEL FROM LIMITATIONS ON AUTHORIZED STRENGTHS.—Section 506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is hereby repealed. SEC. 502. EXTENSION OF ACTIVE DUTY TERM FOR ATTENDING PHYSI- CIAN AT UNITED STATES CAPITOL. The present incumbent Attending Physician at the United States Capitol shall be continued on active duty until six years after the date of the enactment of this Act. SEC. 503. UPDATING AUTHORITY TO AUTHORIZE PROMOTION TRANS- FERS BETWEEN COMPONENTS OF THE SAME ARMED FORCE OR A DIFFERENT ARMED FORCE. (a) WARRANT OFFICERS TRANSFERRED BETWEEN COMPONENTS WITHIN THE SAME OR A DIFFERENT ARMED FORCE.—Section 578 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(g) Notwithstanding subsection (d), and subject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list is approved for transfer to a new component within the same or a different armed force, the Secretary concerned may place the warrant officer’s name on a corresponding promotion list of the new component without regard to the warrant officer’s competitive category. A warrant 2 USC note prec. 4121. 10 USC 526a note. 10 USC prec. 521. 10 USC prec. 521. 10 USC prec. 521. 10 USC prec. 521. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00106 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 241 PUBLIC LAW 118–31—DEC. 22, 2023 officer’s promotion under this subsection shall be made pursuant to section 12242 of this title.’’. (b) OFFICERS TRANSFERRED TO RESERVE ACTIVE-STATUS LIST.— (1) IN GENERAL.—Section 624 of such title is amended by adding at the end the following new subsections: ‘‘(e) Notwithstanding subsection (a)(2), in the case of an officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the officer’s name on the applicable promotion list is approved for transfer to the reserve active-status list of the same or a different armed force, the Sec- retary concerned may place the officer’s name on a corresponding promotion list on the reserve active-status list without regard to the officer’s competitive category. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title. ‘‘(f) Notwithstanding subsection (a)(3), in the case of an officer who is placed on an all-fully-qualified-officers list, and is subse- quently approved for transfer to the reserve active-status list, the Secretary concerned may place the officer’s name on an appropriate all-fully-qualified-officers list on the reserve active-status list. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title.’’. (2) DATE OF RANK.—Section 14308(c) of such title is amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: ‘‘(3) The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active-status pro- motion list pursuant to subsection (e) or (f) of section 624 of this title.’’. SEC. 504. FLEXIBILITY IN DETERMINING TERMS OF APPOINTMENT FOR CERTAIN SENIOR OFFICER POSITIONS. (a) IN GENERAL.—Chapter 35 of title 10, United States Code, is amended by inserting after section 601 the following new section: ‘‘§ 602. Flexibility in determining terms of appointment for certain senior officer positions ‘‘The Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, or 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 35 of title 10, United States Code, is amended by inserting after the item relating to section 601 the following new item: ‘‘602. Flexibility in determining terms of appointment for certain senior officer posi- tions.’’. SEC. 505. REALIGNMENT OF NAVY SPOT-PROMOTION QUOTAS. Section 605(g)(4)(B) of title 10, United States Code, is amended by striking ‘‘325’’ and inserting ‘‘425’’. 10 USC prec. 601. Time period. 10 USC 602. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00107 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 242 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 506. AUTHORITY TO INCREASE THE NUMBER OF MEDICAL AND DENTAL OFFICERS RECOMMENDED FOR PROMOTION TO CERTAIN GRADES. Section 616(d) of title 10, United States Code, is amended by inserting ‘‘, except, the Secretary concerned may authorize a greater number of officers so recommended that is less than 100 percent of the number of officers so included, for medical and dental officers recommended for promotion to major or lieutenant commander, if the Secretary concerned determines that such greater number is necessary to maintain or improve medical readiness’’ before the period at the end. SEC. 507. PROHIBITION ON APPOINTMENT OR NOMINATION OF CER- TAIN OFFICERS WHO ARE SUBJECT TO SPECIAL SELEC- TION REVIEW BOARDS. (a) OFFICERS ON ACTIVE-DUTY LIST.— Section 628a(a)(2)(B) of title 10, United States Code, is amended to read as follows: ‘‘(B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.’’. (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.— Section 14502a(a)(2)(B) of title 10, United States Code, is amended to read as follows: ‘‘(B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable.’’. SEC. 508. EFFECT OF FAILURE OF SELECTION FOR PROMOTION. (a) EFFECT OF FAILURE OF SELECTION FOR PROMOTION: CAP- TAINS AND MAJORS OF THE ARMY, AIR FORCE, MARINE CORPS, AND SPACE FORCE AND LIEUTENANTS AND LIEUTENANT COMMANDERS OF THE NAVY.— (1) IN GENERAL.—Section 632 of title 10, United States Code, is amended— (A) in the section heading, by striking ‘‘ and Marine Corps ’’ and inserting ‘‘ Marine Corps, and Space Force ’’; (B) in subsection (a)(1), by striking ‘‘President approves the report of the board which considered him for the second time’’ and inserting ‘‘Secretary concerned releases the pro- motion results of the board which considered the officer for the second time to the public’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 36 of title 10, United States Code, is amended by striking the item relating to section 632 and inserting the following new item: ‘‘632. Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieuten- ant commanders of the Navy.’’. (b) RETIREMENT OF REGULAR OFFICERS OF THE NAVY FOR LENGTH OF SERVICE OR FAILURE OF SELECTION FOR PROMOTION.— Section 8372(a)(2)(A) of title 10, United States Code, is amended by striking ‘‘President approves the report of the board which considered him for the second time’’ and inserting ‘‘Secretary con- cerned releases the promotion results of the board which considered the officer for the second time to the public’’. 10 USC prec. 627. Determination. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00108 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 243 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 509. IMPROVEMENTS RELATING TO SERVICE OBLIGATION FOR MARINE CORPS CYBERSPACE OPERATIONS OFFICERS. (a) REQUIRED SERVICE.—Section 651(c) of title 10, United States Code, is amended— (1) in paragraph (1), by inserting ‘‘or in the case of an unrestricted officer designated within a cyberspace occupational specialty’’ before the period at the end; and (2) in paragraph (2)— (A) in subparagraph (A), by striking ‘‘; or’’ and inserting a semicolon; (B) in subparagraph (B), by striking the period and inserting ‘‘; or’’; and (C) by adding at the end the following new subpara- graph: ‘‘(C) in the case of an unrestricted officer designated within a cyberspace occupational specialty, the period of obligated service specified in the enlistment agreement of such officer.’’. (b) MINIMUM SERVICE REQUIREMENT FOR CERTAIN CYBERSPACE OCCUPATIONAL SPECIALTIES.—Chapter 37 of title 10, United States Code, is amended by inserting after section 653 the following new section: ‘‘§ 654. Minimum service requirement for certain cyberspace occupational specialties ‘‘(a) CYBERSPACE OPERATIONS OFFICER.—The minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be eight years. ‘‘(b) SERVICE OBLIGATION DEFINED.—In this section, the term ‘service obligation’ means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after comple- tion of cyberspace operations training.’’. SEC. 509A. TIME IN GRADE REQUIREMENTS. Section 1305 of title 10, United States Code, is amended— (1) in subsection (a)(3), by inserting ‘‘or a Marine Corps Marine Gunner warrant officer in such grade,’’ after ‘‘chief warrant officer, W–5,’’; (2) in subsection (b), by striking ‘‘when he’’ and inserting ‘‘when the warrant officer’’; and (3) in subsection (c)— (A) by striking ‘‘as he’’ and inserting ‘‘as the Secretary concerned’’; and (B) by striking ‘‘after he’’ and inserting ‘‘after the war- rant officer’’. SEC. 509B. ESTABLISHMENT OF LEGISLATIVE LIAISON OF THE SPACE FORCE. Chapter 903 of title 10, United States Code, is amended by inserting, after section 9023, the following new section:— ‘‘§ 9023a. Legislative Liaison of the Space Force ‘‘(a) ESTABLISHMENT.—There is a Legislative Liaison of the Space Force. 10 USC 9023a. 10 USC prec. 9011. Time period. 10 USC 654. 10 USC prec. 651. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00109 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 244 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(b) FUNCTIONS.—The Legislative Liaison shall perform legisla- tive affairs functions under the direction of the Chief of Space Operations.’’. SEC. 509C. EXTENSION OF AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS CONSIDERED FOR PROMOTION TO MAJOR GENERAL. Subsection (b) of section 503 of the National Defense Authoriza- tion Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1680) is amended by striking ‘‘shall terminate on December 31, 2022’’ and inserting ‘‘shall terminate on December 31, 2024’’. SEC. 509D. BRIEFING ON NUMBER OF GENERAL OFFICERS OF THE SPACE FORCE ON ACTIVE DUTY. Not later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a briefing regarding the number of general officers of the Space Force on active duty. Such briefing shall include the following elements: (1) The evaluation of the Secretary whether the current number of such general officers is sufficient to meet the require- ments of— (A) the Space Force; (B) joint duty assignments under chapter 38 of title 10, United States Code; and (C) the combatant commands. (2) Any proposal of the Secretary to increase the maximum number (under section 526a of such title) of such general offi- cers in order to meet such requirements in the future. (3) A justification for any such proposal. Subtitle B—Reserve Component Management SEC. 511. REMOVAL OF ACTIVE DUTY PROHIBITION FOR MEMBERS OF THE AIR FORCE RESERVE POLICY COMMITTEE. Section 10305 of title 10, United States Code, is amended— (1) in subsection (b), by striking ‘‘not on active duty’’ both places it appears; and (2) in subsection (c)— (A) by inserting ‘‘of the reserve components’’ after ‘‘among the members’’; and (B) by striking ‘‘not on active duty’’. SEC. 512. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU. Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(c) GRADE.—(1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general. ‘‘(2) The Secretary of Defense shall designate, pursuant to sub- section (b) of section 526 of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in sub- section (a) of such section.’’. Designation. Appointment. Proposals. Evaluation. Deadline. Termination date. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00110 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 245 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 513. MOBILIZATION OF SELECTED RESERVE FOR PREPLANNED MISSIONS IN SUPPORT OF THE COMBATANT COMMANDS. Section 12304b(b)(1) of title 10, United States Code, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking ‘‘Units’’ and inserting ‘‘(A) Except as provided under subparagraph (B), units’’; and (3) by adding at the end the following new subparagraph: ‘‘(B) In the event the President’s budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice.’’. SEC. 514. ALTERNATIVE PROMOTION AUTHORITY FOR RESERVE OFFI- CERS IN DESIGNATED COMPETITIVE CATEGORIES. (a) IN GENERAL.—Part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new chapter: ‘‘CHAPTER 1413—ALTERNATIVE PROMOTION AUTHOR- ITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES ‘‘Sec. ‘‘15101. Officers in designated competitive categories. ‘‘15102. Selection for promotion. ‘‘15103. Eligibility for consideration for promotion. ‘‘15104. Opportunities for consideration for promotion. ‘‘15105. Promotions. ‘‘15106. Failure of selection for promotion. ‘‘15107. Retirement: retirement for years of service; selective early retirement. ‘‘15108. Continuation on the Reserve Active-Status List. ‘‘15109. Other administrative authorities. ‘‘15110. Regulations. ‘‘§ 15101. Officers in designated competitive categories ‘‘(a) AUTHORITY TO DESIGNATE COMPETITIVE CATEGORIES OF OFFICERS.—Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter. ‘‘(b) LIMITATION ON EXERCISE OF AUTHORITY.—The Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: ‘‘(1) A detailed description of officer requirements for offi- cers within the competitive category. ‘‘(2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. ‘‘(3) An estimate of the size of the promotion zone for each grade within the competitive category. Requirements. Estimates. Time period. Reports. 10 USC 15101. 10 USC prec. 15101. 10 USC prec. 10001. Notice. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00111 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 246 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(4) A description of any other matters the Secretary consid- ered in determining to designate the competitive category for purposes of this chapter. ‘‘§ 15102. Selection for promotion ‘‘(a) IN GENERAL.—Except as provided in this section, the selec- tion for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title. ‘‘(b) NO RECOMMENDATION FOR PROMOTION OF OFFICERS BELOW PROMOTION ZONE.—Section 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a). ‘‘(c) RECOMMENDATION FOR OFFICERS TO BE EXCLUDED FROM FUTURE CONSIDERATION FOR PROMOTION.—In making recommenda- tions pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer consid- ered by the board be excluded from future consideration for pro- motion under this chapter. ‘‘§ 15103. Eligibility for consideration for promotion ‘‘(a) IN GENERAL.—Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title. ‘‘(b) INAPPLICABILITY OF CERTAIN TIME-IN-GRADE REQUIRE- MENTS.—Sections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a). ‘‘(c) INAPPLICABILITY TO OFFICERS ABOVE AND BELOW PRO- MOTION ZONE.—The following provisions of this title shall not apply to the promotion of officers described in subsection (a): ‘‘(1) The reference in section 14301(b) to an officer above the promotion zone. ‘‘(2) Section 14301(d). ‘‘(d) INELIGIBILITY OF CERTAIN OFFICERS.—The following officers are not eligible for promotion under this chapter: ‘‘(1) An officer described in section 14301(c) of this title. ‘‘(2) An officer not included within the promotion zone. ‘‘(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title. ‘‘(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title. ‘‘§ 15104. Opportunities for consideration for promotion ‘‘(a) SPECIFICATION OF NUMBER OF OPPORTUNITIES FOR CONSID- ERATION FOR PROMOTION.—In designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. 10 USC 15104. 10 USC 15103. 10 USC 15102. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00112 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 247 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(b) LIMITED AUTHORITY OF SECRETARY OF MILITARY DEPART- MENT TO MODIFY NUMBER OF OPPORTUNITIES.—The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years. ‘‘(c) DISCRETIONARY AUTHORITY OF SECRETARY OF DEFENSE TO MODIFY NUMBER OF OPPORTUNITIES.—The Secretary of Defense may modify the number of opportunities for consideration for pro- motion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discre- tion of the Secretary. ‘‘(d) LIMITATION ON NUMBER OF OPPORTUNITIES SPECIFIED.— The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursu- ant to any provision of this section, may not exceed five opportuni- ties. ‘‘(e) EFFECT OF CERTAIN REDUCTION IN NUMBER OF OPPORTUNI- TIES SPECIFIED.—If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional oppor- tunity for consideration for promotion after the reduction. ‘‘§ 15105. Promotions ‘‘Sections 14307 through 14317 of this title shall apply in pro- motions of officers in competitive categories of officers designated for purposes of this chapter. ‘‘§ 15106. Failure of selection for promotion ‘‘(a) IN GENERAL.—Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter. ‘‘(b) INAPPLICABILITY OF FAILURE OF SELECTION FOR PROMOTION TO OFFICERS ABOVE PROMOTION ZONE.—The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a). ‘‘(c) SPECIAL SELECTION BOARD MATTERS.—The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in sub- section (a). ‘‘(d) EFFECT OF FAILURE OF SELECTION.—In the administration of this chapter pursuant to subsection (a)— ‘‘(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for pur- poses of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the max- imum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursu- ant to section 15104 of this title; and Applicability. 10 USC 15106. Applicability. 10 USC 15105. Time period. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00113 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 248 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104. ‘‘§ 15107. Retirement: retirement for years of service; selec- tive early retirement ‘‘(a) RETIREMENT FOR YEARS OF SERVICE.—Sections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter. ‘‘(b) SELECTIVE EARLY RETIREMENT.—Section 14101(b) of this title shall apply to the retirement of officers described in subsection (a). ‘‘§ 15108. Continuation on the Reserve Active-Status List ‘‘Sections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter. ‘‘§ 15109. Other administrative authorities ‘‘(a) IN GENERAL.—The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter: ‘‘(1) Section 14518, relating to continuation of officers to complete disciplinary action. ‘‘(2) Section 14519, relating to deferment of retirement or separation for medical reasons. ‘‘(3) Section 14704, relating to the selective early removal from the reserve active-status list. ‘‘(4) Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps. ‘‘§ 15110. Regulations ‘‘The Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter.’’. (b) TABLE OF CHAPTERS AMENDMENT.—The table of chapters at the beginning of part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new item: ‘‘1413. Alternative promotion authority for officers in designated competitive categories ..................................................................................................15101’’. SEC. 515. AUTHORIZATION FOR FIREGUARD PROGRAM. (a) AUTHORITY.—Chapter 5 of title 32, United States Code, is amended by adding at the end the following new section: ‘‘§ 510. Authorization for FireGuard Program ‘‘The Secretary of Defense may use members of the National Guard to carry out a program to aggregate, analyze, and assess 32 USC 510. 10 USC prec. 14001. 10 USC 15110. Applicability. 10 USC 15109. Applicability. 10 USC 15108. Applicability. 10 USC 15107. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00114 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 249 PUBLIC LAW 118–31—DEC. 22, 2023 multi-source remote sensing information for interagency partner- ships in the detection and monitoring of wildfires, and to support any emergency response to such wildfires. Such a program shall be known as the ‘FireGuard Program’.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such chapter is amended by adding at the end the following new item: ‘‘510. Authorization for FireGuard Program.’’. (c) CONFORMING AMENDMENT.—The National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking section 515. SEC. 516. 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 C—General Service Authorities and Prohibitions SEC. 521. PERMANENT AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY APPOINT- MENTS. (a) IN GENERAL.—Section 688a of title 10, United States Code, is amended— (1) in the section heading, by striking ‘‘ Retired members: temporary authority ’’ and inserting ‘‘ Authority ’’; (2) by striking subsection (f); (3) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and (4) in subsection (f), as redesignated by paragraph (3), by striking ‘‘limitations in subsections (c) and (f)’’ and inserting ‘‘limitation in subsection (c)’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 39 of title 10, United States Code, is amended by striking the item relating to section 688a and inserting the following new item: ‘‘688a. Authority to order to active duty in high-demand, low-density assignments.’’. SEC. 522. PROHIBITION ON POLICY OF THE DEPARTMENT OF DEFENSE REGARDING IDENTIFICATION OF GENDER OR PERSONAL PRONOUNS IN OFFICIAL CORRESPONDENCE. Chapter 49 of title 10, United States Code, is amended by inserting after section 985 the following new section 986: ‘‘§ 986. Policy regarding identification of gender or personal pronouns in official correspondence ‘‘The Secretary of Defense may not require or prohibit a member of the armed forces or a civilian employee of the Department of Defense to identify the gender or personal pronouns of such member or employee in any official correspondence of the Department.’’. 10 USC 986. 10 USC prec. 971. 10 USC prec. 671. 10 USC 661 note. 32 USC 501 note. 32 USC prec. 501. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00115 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 250 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 523. PROHIBITION ON FORMER MEMBERS OF THE ARMED FORCES ACCEPTING POST-SERVICE EMPLOYMENT WITH CERTAIN FOREIGN GOVERNMENTS. (a) IN GENERAL.—Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 989. Prohibition on former members of the armed forces accepting post-service employment with certain for- eign governments ‘‘(a) IN GENERAL.—Except as provided by subsection (b), a cov- ered individual may not occupy a covered post-service position. ‘‘(b) TEMPORARY WAIVER.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if— ‘‘(A) the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and ‘‘(B) the Secretary determines that the waiver is nec- essary to advance the national security interests of the United States. ‘‘(2) PERIOD OF WAIVER.—A waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver. ‘‘(3) REVOCATION.—The Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security. ‘‘(4) NOTIFICATION.— ‘‘(A) IN GENERAL.—Not later than 30 days after the date on which the Secretary issues a waiver under para- graph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Serv- ices of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be. ‘‘(B) ELEMENTS.—A notification required by subpara- graph (A) shall include the following: ‘‘(i) With respect to a waiver issued to a covered individual— ‘‘(I) the details of the application, including the position held by the individual in the armed forces; ‘‘(II) the nature of the post-service position of the individual; ‘‘(III) a description of the national security interests that will be advanced by reason of issuing such a waiver; and ‘‘(IV) the specific reasons why the Secretary determines that issuing the waiver will advance such interests. ‘‘(ii) With respect to a revocation of a waiver issued to a covered individual— Deadline. Determination. Applicability. Processes. Determinations. 10 USC 989. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00116 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 251 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(I) the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and ‘‘(II) the specific reasons why the Secretary determined that the revocation is warranted. ‘‘(c) CERTIFICATION OF PROHIBITION.—In implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces— ‘‘(1) informed in writing of the prohibition, and the penalties for violations of the prohibition; and ‘‘(2) required to certify that the member understands the prohibition and those penalties. ‘‘(d) PENALTIES.—In the case of a covered individual who know- ingly and willfully fails to comply with the prohibition under sub- section (a), the Secretary may, as applicable— ‘‘(1) withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and ‘‘(2) revoke any security clearance of the individual. ‘‘(e) ANNUAL REPORTS.— ‘‘(1) REQUIREMENT.—Not later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congres- sional defense committees a report on covered post-service employment occurring during the year covered by the report. ‘‘(2) ELEMENTS.—Each report required by paragraph (1) shall include the following: ‘‘(A) The number of former covered individuals who occupy a covered post-service position, broken down by— ‘‘(i) the name of the employer; ‘‘(ii) the foreign government, including by the spe- cific foreign individual, agency, or entity, for whom the covered post-service employment is being per- formed; and ‘‘(iii) the nature of the services provided as part of the covered post-service employment. ‘‘(B) An assessment by the Secretary of whether— ‘‘(i) the Department of Defense maintains adequate systems and processes for ensuring that former mem- bers of the armed forces are submitting required reports relating to their employment by foreign govern- ments; ‘‘(ii) all covered individuals who occupy a covered post-service position are in compliance with this sec- tion; ‘‘(iii) the services provided by the covered individ- uals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and ‘‘(iv) there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that vio- late Federal law. ‘‘(3) FORM OF REPORT.—Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. Assessments. Processes. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00117 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 252 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(f) NOTIFICATIONS OF DETERMINATIONS OF CERTAIN THREATS.— ‘‘(1) REQUIREMENT.—In addition to the annual reports under subsection (d), if the Secretary determines that the serv- ices provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determina- tion by not later than 30 days after making the determination. ‘‘(2) ELEMENTS.—A notification required by paragraph (1) shall include the following: ‘‘(A) The name of the covered individual. ‘‘(B) The name of the employer. ‘‘(C) The foreign government, including the specific for- eign individual, agency, or entity, for whom the covered post-service employment is being performed. ‘‘(D) As applicable, a description of the risk to national security and the activities that may violate Federal law. ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) COVERED INDIVIDUAL.—The term ‘covered individual’ means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces. ‘‘(2) COVERED POST-SERVICE EMPLOYMENT.—The term ‘cov- ered post-service employment’ means direct or indirect employ- ment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to— ‘‘(A) the government of— ‘‘(i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m))); or ‘‘(ii) a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or ‘‘(B) any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A). ‘‘(3) COVERED POST-SERVICE POSITION.—The term ‘covered post-service position’ means a position of employment described in paragraph (2).’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 49 of such title is amended by adding at the end the following new item: ‘‘989. Prohibition on former members of the armed forces accepting post-service em- ployment with certain foreign governments.’’. (c) CONFORMING AMENDMENT.—Section 908 of title 37, United States Code, is amended by adding at the end the following new subsection: ‘‘(f) PROHIBITION ON FORMER MEMBERS OF ARMED FORCES ACCEPTING EMPLOYMENT WITH CERTAIN FOREIGN GOVERNMENTS.— For a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see section 989 of title 10.’’. 10 USC prec. 971. Determinations. Deadline. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00118 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 253 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 524. VERIFICATION OF THE FINANCIAL INDEPENDENCE OF FINANCIAL SERVICES COUNSELORS IN THE DEPARTMENT OF DEFENSE. (a) VERIFICATION OF FINANCIAL INDEPENDENCE.—Section 992 of title 10, United States Code, is amended— (1) in subsection (b)(2)(A)— (A) in clause (i), by striking ‘‘and’’ at the end; (B) in clause (ii)— (i) by striking ‘‘may’’ and inserting ‘‘shall’’; (ii) by striking ‘‘installation by any means elected by the Secretary from among the following:’’ and inserting ‘‘installation—’’; (iii) in subclause (I)— (I) by striking ‘‘Through’’ and inserting ‘‘through’’; and (II) by striking ‘‘Defense.’’ and inserting ‘‘Defense;’’; (iv) in subclause (II)— (I) by striking ‘‘By contract’’ and inserting ‘‘by contract’’; and (II) by striking ‘‘Internet.’’ and inserting ‘‘Internet; or’’; and (v) in subclause (III)— (I) by striking ‘‘Through’’ and inserting ‘‘through’’; and (II) by striking ‘‘counseling.’’ and inserting ‘‘counseling; and’’; and (C) by adding at the end the following new clause: ‘‘(iii) may not provide financial services through any indi- vidual unless such individual agrees to submit financial disclo- sures annually to the Secretary.’’; (2) in subsection (b)(2)(B), by striking ‘‘installation by any of the means set forth in subparagraph (A)(ii), as elected by the Secretary concerned.’’ and inserting ‘‘installation in accord- ance with the requirements established under subparagraph (A)(ii) and (iii).’’; and (3) in subsection (b)(4)— (A) by inserting ‘‘(A)’’ before ‘‘The Secretary’’; and (B) by inserting at the end the following new subpara- graphs: ‘‘(B) In carrying out the requirements of subparagraph (A), the Secretary concerned shall establish a requirement that each financial services counselor under paragraph (2)(A)(i), and any other individual providing counseling on financial services under para- graph (2), submit financial disclosures annually to the Secretary. ‘‘(C) The Secretary concerned shall review all financial disclo- sures submitted pursuant to subparagraph (B) to ensure the coun- selor, or the individual providing counseling, is free from conflict as required under this paragraph. ‘‘(D) If the Secretary concerned determines that a financial services counselor under paragraph (2)(A)(i), or any other individual providing counseling on financial services under paragraph (2), is not free from conflict as required under this paragraph, the Secretary shall ensure that the counselor, or the individual pro- viding counseling, does not provide such services until such time as the Secretary determines that such conflict is resolved.’’. Determinations. Review. Requirement. Disclosures. Disclosures. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00119 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 254 PUBLIC LAW 118–31—DEC. 22, 2023 (b) BRIEFING ON FINANCIAL INDEPENDENCE.—Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to Congress a briefing on the implementa- tion of the amendments made by this section. (c) SECRETARY CONCERNED DEFINED.—In this section, the term ‘‘Secretary concerned’’ has the meaning given to such term in section 101 of title 10, United States Code. SEC. 525. MODIFICATION OF REQUIREMENTS FOR APPROVAL OF FOR- EIGN EMPLOYMENT BY RETIRED AND RESERVE MEMBERS OF UNIFORMED SERVICES. Section 908 of title 37, United States Code, is amended— (1) in subsection (b)— (A) by striking ‘‘A person’’ and inserting ‘‘(1) A person’’; (B) by inserting ‘‘after determining that such approval is not contrary to the national interests of the United States’’ after ‘‘approve the employment’’; and (C) by adding at the end the following new paragraph: ‘‘(2) The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position.’’; and (2) in subsection (d)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking ‘‘an officer’’ and inserting ‘‘a person’’; and (ii) by striking subparagraphs (B) and (C) and inserting the following new subparagraphs: ‘‘(B) A description of the duties, if any, the person is to perform and the compensation the person is to receive for such duties, as reflected in the person’s application for approval of the employment or compensation or payment or award. ‘‘(C) The position the person held or holds in the armed forces, including the rank of the person and the armed force in which the person served. ‘‘(D) Any other information the Secretaries of the military departments consider relevant, except that such information may not include the person’s date of birth, Social Security number, home address, phone number, or any other personal identifier other than the name and rank of the person and the armed force in which the person served.’’; and (B) by adding at the end the following new paragraph: ‘‘(3) Not later than 60 days after the date on which a report required by paragraph (1) is submitted, the Secretaries of the military departments shall make the report, and all contents of the report, available on a publicly accessible internet website.’’. SEC. 526. CONSIDERATION OF REINSTATEMENT OF A MEMBER OF THE ARMED FORCES INVOLUNTARILY SEPARATED ON THE BASIS OF REFUSAL TO RECEIVE A VACCINATION AGAINST COVID-19. (a) REINSTATEMENT.— (1) REQUEST; CONSIDERATION.—At the request of a covered individual during the two years following the date of the invol- untary separation of the covered individual, the Secretary con- cerned shall consider reinstating such covered individual— Time periods. 10 USC note prec. 1161. Reports. Public information. Web posting. Delegation authority. Determination. Deadline. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00120 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 255 PUBLIC LAW 118–31—DEC. 22, 2023 (A) as a member of the Armed Force concerned; and (B) in the grade held by such covered individual imme- diately before the involuntary separation of the covered individual. (2) TREATMENT OF PERIOD BETWEEN SEPARATION AND REINSTATEMENT.—The Secretary concerned shall treat the period of time between the involuntary separation of a covered individual and the reinstatement of such covered individual under paragraph (1) as a period of inactivation from active service under the following provisions of section 710 of title 10, United States Code: (A) Subsection (b). (B) Subparagraphs (B) through (D) of paragraph (2) of subsection (f). (C) Paragraph (4) of subsection (f). (D) Subsection (g). (b) COVERED INDIVIDUAL DEFINED.—In this section, the term ‘‘covered individual’’ means an individual— (1) involuntarily separated from an Armed Force solely on the basis of the refusal of such individual to receive a vaccination against COVID-19; and (2) who, during the period beginning on August 24, 2021, and ending on February 24, 2023, submitted a request for a religious, administrative, or medical exemption from a requirement to receive a vaccination against COVID-19. SEC. 527. REVIEWS OF CHARACTERIZATION OF ADMINISTRATIVE DIS- CHARGES OF CERTAIN MEMBERS ON THE BASIS OF FAILURE TO RECEIVE COVID-19 VACCINE. (a) MANDATORY REVIEW.—A board established under section 1553 of title 10, United States Code, shall grant a request pursuant to such section to review the characterization of a discharge or dismissal of a former member of a covered Armed Force if such discharge or dismissal was solely based on the failure of such former member to obey a lawful order to receive a vaccine for COVID-19. (b) COVERED ARMED FORCE DEFINED.—In this section, the term ‘‘covered Armed Force’’ means the Army, Navy, Marine Corps, Air Force, Coast Guard, or Space Force. SEC. 528. CERTAIN MEMBERS DISCHARGED OR DISMISSED ON THE SOLE BASIS OF FAILURE TO OBEY A LAWFUL ORDER TO RECEIVE A VACCINE FOR COVID-19: COMMUNICATION STRATEGY REGARDING REINSTATEMENT PROCESS. (a) COMMUNICATION STRATEGY REQUIRED.—Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments or, with respect the Coast Guard, the Secretary of the department in which the Secretary is operating when the Coast Guard is not operating as a service in the Navy, shall communicate, to a covered individual, the current, established, process by which a covered individual may be reinstated in the covered Armed Force concerned. (b) DEFINITIONS.—In this section: (1) The term ‘‘covered individual’’ means an individual dis- charged or dismissed from a covered Armed Force on the sole basis of failure to obey a lawful order to receive a vaccine for COVID-19. Deadline. 10 USC note prec. 1161. 10 USC 1553 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00121 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 256 PUBLIC LAW 118–31—DEC. 22, 2023 (2) The term ‘‘covered Armed Force’’ means the Army, Navy, Marine Corps, Air Force, Coast Guard, or Space Force. SEC. 529. CONTINUING MILITARY SERVICE FOR CERTAIN MEMBERS ELIGIBLE FOR CHAPTER 61 RETIREMENT. (a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations that authorize the Secretary of the military department concerned to authorize a covered member to continue to serve in the Armed Forces— (1) in the current military occupational specialty of such covered member, for which the covered member may not be deployable; or (2) in a military occupational specialty for which the cov- ered member is deployable. (b) RULE OF CONSTRUCTION.—A covered member who completes 20 years of service computed under section 1208 of title 10, United States Code shall not be denied any benefit— (1) for which the covered member is eligible under laws administered by the Secretary of Defense or the Secretary of Veterans Affairs; and (2) solely on the basis that the covered member elected to continue to serve in the Armed Forces instead of taking retirement under chapter 61 of title 10, United States Code. (c) COVERED MEMBER DEFINED.—In this section, the term ‘‘cov- ered member’’ means a member of the Army, Navy, Air Force, Marine Corps, or Space Force— (1) whom the Secretary of the military department con- cerned determines possesses skill or experience vital to the Armed Force concerned; (2) who incurs a disability— (A) while eligible for special pay under section 310 of title 37, United States Code; and (B) that renders the member eligible for retirement under chapter 61 of title 10, United States Code; and (3) who seeks to continue to serve in the Armed Forces instead of taking such retirement. SEC. 529A. THREAT-BASED SECURITY SERVICES AND EQUIPMENT FOR CERTAIN FORMER OR RETIRED DEPARTMENT OF DEFENSE PERSONNEL. (a) REMOVAL OF TIME LIMITATIONS.—Subsection (b) of section 714 of title 10, United States Code, is amended— (1) in paragraph (1)(A), by striking ‘‘imminent and credible threat’’ and inserting ‘‘serious and credible threat’’; (2) in paragraph (2)(B), by striking ‘‘for a period of up to two years beginning on the date on which the official sepa- rates from the Department’’; (3) by amending paragraph (5) to read as follows: ‘‘(5) DURATION OF PROTECTION.—The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under this subsection.’’; and (4) in paragraph (6)(A), by striking ‘‘and of each determina- tion under paragraph (5)(B) to extend such protection and security’’. Requirement. Reviews. Time period. Deadline. Regulations. 10 USC note prec. 1201. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00122 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 257 PUBLIC LAW 118–31—DEC. 22, 2023 (b) AUTHORIZATION OF REIMBURSEMENT OR ACQUISITION OF SECURITY SERVICES.—Such section 714, as amended by subsection (a), is further amended by adding at the end the following: ‘‘(e) REIMBURSEMENT.—The Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement.’’. SEC. 529B. LIMITATION ON ESTABLISHMENT OF NEW DIVERSITY, EQUITY, AND INCLUSION POSITIONS; HIRING FREEZE. (a) IN GENERAL.—During the period described in subsection (b), the Secretary of Defense may not— (1) establish any new positions within the Department of Defense with responsibility for matters relating to diversity, equity, and inclusion; or (2) fill any vacancies in positions in the Department with responsibility for such matters. (b) PERIOD DESCRIBED.—The period described in this subsection is the period— (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the Comptroller General of the United States submits to Congress the review of the Department of Defense diversity, equity, and inclusion workforce required by the report of the Committee on Armed Services of the Senate accompanying the National Defense Authorization Act for Fiscal Year 2024. SEC. 529C. REQUIREMENT TO BASE MILITARY ACCESSIONS AND PRO- MOTIONS ON MERIT AND PERFORMANCE. (a) MERIT REQUIREMENT.—A military accession or a promotion in the Department of Defense shall be based on individual merit and demonstrated performance. (b) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this section not later than 90 days after the date of the enactment of this Act. Subtitle D—Military Justice and Other Legal Matters SEC. 531. TECHNICAL AND CONFORMING AMENDMENTS TO THE UNI- FORM CODE OF MILITARY JUSTICE. (a) TECHNICAL AMENDMENT RELATING TO GUILTY PLEAS FOR MURDER.—Section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended— (1) by striking ‘‘he’’ each place it appears and inserting ‘‘such person’’; and (2) in the matter following paragraph (4), by striking the period and inserting ‘‘, unless such person is otherwise sen- tenced in accordance with a plea agreement entered into between the parties under section 853a of this title (article 53a).’’. Deadline. 10 USC note prec. 501. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00123 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 258 PUBLIC LAW 118–31—DEC. 22, 2023 (b) TECHNICAL AMENDMENTS RELATING TO THE MILITARY JUS- TICE REFORMS IN THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022.— (1) ARTICLE 16.—Subsection (c)(2)(A) of section 816 of title 10, United States Code (article 16 of the Uniform Code of Military Justice), is amended by striking ‘‘by the convening authority’’. (2) ARTICLE 25.—Section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), is amended— (A) in subsection (d)— (i) in paragraph (1), by striking ‘‘may, after the findings are announced and before any matter is pre- sented in the sentencing phase, request, orally on the record or in writing, sentencing by members’’ and inserting ‘‘shall be sentenced by the military judge’’; and (ii) by amending paragraph (2) to read as follows: ‘‘(2) In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)).’’; (B) in subsection (e)— (i) in paragraph (1), by striking ‘‘him’’ and inserting ‘‘the member being tried’’; and (ii) in paragraph (2)— (I) in the first sentence, by striking ‘‘his opinion’’ and inserting ‘‘the opinion of the con- vening authority’’; and (II) in the second sentence, by striking ‘‘he’’ and inserting ‘‘the member’’; and (C) in subsection (f), in the second sentence— (i) by striking ‘‘his authority’’ and inserting ‘‘the authority of the convening authority’’; and (ii) by striking ‘‘his staff judge advocate or legal officer’’ and inserting ‘‘the staff judge advocate or legal officer of the convening authority’’. (c) AUTHORITY OF SPECIAL TRIAL COUNSEL WITH RESPECT TO CERTAIN OFFENSES OCCURRING BEFORE EFFECTIVE DATE OF MILI- TARY JUSTICE REFORMS ENACTED IN THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022.— (1) AUTHORITY.—Section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice), as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1692), is amended by adding at the end the following new subsection: ‘‘(d) SPECIAL TRIAL COUNSEL AUTHORITY OVER CERTAIN OTHER OFFENSES.— ‘‘(1) OFFENSES OCCURRING BEFORE EFFECTIVE DATE.—A spe- cial trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses: ‘‘(A) An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00124 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 259 PUBLIC LAW 118–31—DEC. 22, 2023 134) of this title that occurred on or before December 27, 2023. ‘‘(B) An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023. ‘‘(C) An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019. ‘‘(D) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81). ‘‘(E) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82). ‘‘(F) An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80). ‘‘(2) EFFECT OF EXERCISE OF AUTHORITY.— ‘‘(A) TREATMENT AS COVERED OFFENSE.—If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter. ‘‘(B) KNOWN OR RELATED OFFENSES.—If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur.’’. (2) CONFORMING AMENDMENT TO EFFECTIVE DATE.—Section 539C(a) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 801 note) is amended by striking ‘‘and shall’’ and inserting ‘‘and, except as provided in section 824a(d) of title 10, United States Code (article 24a(d) of the Uniform Code of Military Justice), shall’’. (d) CLARIFICATION OF APPLICABILITY OF DOMESTIC VIOLENCE AND STALKING TO DATING PARTNERS.— (1) ARTICLE 128B; DOMESTIC VIOLENCE.—Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended— (A) in the matter preceding paragraph (1), by striking ‘‘Any person’’ and inserting ‘‘(a) IN GENERAL.—Any person’’; (B) in subsection (a), as designated by paragraph (1) of this section, by inserting ‘‘a dating partner,’’ after ‘‘an intimate partner,’’ each place it appears; and (C) by adding at the end the following new subsection: ‘‘(b) DEFINITIONS.—In this section, the terms ‘dating partner’, ‘immediate family’, and ‘intimate partner’ have the meanings given such terms in section 930 of this title (article 130).’’. (2) ARTICLE 130; STALKING.—Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended— VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00125 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 260 PUBLIC LAW 118–31—DEC. 22, 2023 (A) in subsection (a), by striking ‘‘or to his or her intimate partner’’ each place it appears and inserting ‘‘to his or her intimate partner, or to his or her dating partner’’; and (B) in subsection (b)— (i) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (ii) by inserting after paragraph (2) the following new paragraph: ‘‘(3) The term ‘dating partner’, in the case of a specific person, means a person who is or has been in a social relation- ship of a romantic or intimate nature with such specific person based on a consideration of— ‘‘(A) the length of the relationship; ‘‘(B) the type of relationship; ‘‘(C) the frequency of interaction between the persons involved in the relationship; and ‘‘(D) the extent of physical intimacy or sexual contact between the persons involved in the relationship.’’. (e) EFFECTIVE DATE.—The amendments made by subsection (b) and subsection (c)(1) shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act (10 U.S.C. 801 note). SEC. 532. ESTABLISHMENT OF STAGGERED TERMS FOR MEMBERS OF THE MILITARY JUSTICE REVIEW PANEL. (a) APPOINTMENT TO STAGGERED TERMS.—Subsection (b) of sec- tion 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: ‘‘(4) ESTABLISHMENT OF STAGGERED TERMS.—Notwith- standing subsection (e), members of the Panel appointed to serve on the Panel to fill vacancies that exist due to terms of appointment expiring during the period beginning on August 1, 2030, and ending on November 30, 2030, shall be appointed to terms as follows: ‘‘(A) Three members designated by the Secretary of Defense shall serve a term of two years. ‘‘(B) Three members designated by the Secretary of Defense shall serve a term of four years. ‘‘(C) Three members designated by the Secretary of Defense shall serve a term of six years. ‘‘(D) Four members designated by the Secretary of Defense shall serve a term of eight years.’’. (b) TERM; VACANCIES.—Subsection (e) of such section is amended to read as follows: ‘‘(e) TERM; VACANCIES.— ‘‘(1) TERM.—Subject to subsection (b)(4) and paragraphs (2) and (3) of this subsection, each member shall be appointed for a term of eight years, and no member may serve more than one term. ‘‘(2) VACANCY.—Any vacancy in the Panel shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy in the Panel that occurs before the expiration of the term of appointment of the predecessor Time periods. 10 USC 816 note. Definition. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00126 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 261 PUBLIC LAW 118–31—DEC. 22, 2023 of such member shall be appointed for the remainder of the term of such predecessor. ‘‘(3) AVAILABILITY OF REAPPOINTMENT FOR CERTAIN MEM- BERS.—Notwithstanding paragraph (1), a member of the Panel may be appointed to a single additional term if— ‘‘(A) the appointment of the member is to fill a vacancy described in subsection (b)(4); or ‘‘(B) the member was initially appointed— ‘‘(i) to a term of four years or less in accordance with subsection (b)(4); or ‘‘(ii) to fill a vacancy that occurs before the expira- tion of the term of the predecessor of such member and for which the remainder of the term of such prede- cessor is four years or less.’’. SEC. 533. SUPREME COURT REVIEW OF CERTAIN ACTIONS OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES. (a) CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.— (1) IN GENERAL.—Section 1259 of title 28, United States Code, is amended— (A) in paragraph (3), by inserting ‘‘or refused to grant’’ after ‘‘granted’’; and (B) in paragraph (4), by inserting ‘‘or refused to grant’’ after ‘‘granted’’. (2) TECHNICAL AND CONFORMING AMENDMENTS.— (A) TITLE 10.—Section 867a(a) of title 10, United States Code (article 67a of the Uniform Code of Military Justice), is amended by striking ‘‘The Supreme Court may not review by a writ of certiorari under this section any action of the United States Court of Appeals for the Armed Forces in refusing to grant a petition for review.’’. (B) TIME FOR APPLICATION FOR WRIT OF CERTIORARI.— Subsection (g) of section 2101 of title 28, United States Code, is amended to read as follows: ‘‘(g) The time for application for a writ of certiorari to review a decision of the United States Court of Appeals for the Armed Forces, or the decision of a Court of Criminal Appeals that the United States Court of Appeals for the Armed Forces refuses to grant a petition to review, shall be as prescribed by rules of the Supreme Court . ’’. (b) EFFECTIVE DATE AND APPLICABILITY.— (1) IN GENERAL.—The amendments made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply with respect to any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review submitted to such Court for the first time on or after such effective date. (2) INAPPLICABILITY TO PENDING DECISIONS.—With respect to a petition submitted to the United States Court of Appeals for the Armed Forces before the effective date specified in paragraph (1) and on which the Court has not taken action as of such date, the provisions of the United States Code amended by subsection (a) shall apply as if such amendments had not been enacted. Any action of the United States Court 10 USC 867a note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00127 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 262 PUBLIC LAW 118–31—DEC. 22, 2023 of Appeals for the Armed Forces in granting or refusing to grant such a petition is final and conclusive. (3) FINALITY OF DECISIONS BEFORE EFFECTIVE DATE.—Any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review before the effective date specified in paragraph (1) is final and conclusive. (4) RULES REQUIRED.—The Supreme Court shall prescribe rules to carry out section 2101(g) of title 28, United States Code, as amended by subsection (a)(2)(B) of this section, by not later than the effective date specified in paragraph (1). SEC. 534. ADDITIONAL REQUIREMENTS FOR INITIATIVE TO ENHANCE THE CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS TO PREVENT AND COMBAT CHILD SEXUAL EXPLOITATION. Section 550D of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1561 note prec.) is amended by adding at the end the following new subsection: ‘‘(c) ADDITIONAL REQUIREMENTS.—As part of the initiative under subsection (a), the Secretary of Defense shall carry out the following activities: ‘‘(1) ANNUAL REPORT.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, an on an annual basis thereafter through 2029, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representa- tives a report on the progress of the initiative, which shall include a description of specific actions that have been taken, or that are planned to be taken, to detect, combat, and stop the use of the Department of Defense information technology network to further online child sexual exploitation. ‘‘(2) PARTNERSHIPS.—The Secretary shall seek to enter into partnerships and execute collaborative agreements with func- tional experts, including highly qualified national child protec- tion organizations or law enforcement training centers with demonstrated expertise in the delivery of law enforcement training, to identify, investigate, and prosecute individuals engaged in online child sexual exploitation. ‘‘(3) MANDATORY TRAINING.—The Secretary shall establish mandatory training for criminal investigative organizations of the Department of Defense and other appropriate personnel at military installations to ensure that the capability and capacity to investigate child sexual exploitation is continuously maintained regardless of staff turnover and relocations.’’. SEC. 535. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF ARMY CID SPECIAL AGENT TRAINING COURSE. (a) LIMITATION.—None of the funds authorized to be appro- priated by this Act or otherwise made available for fiscal year 2024 for the Army may be obligated or expended to relocate an Army CID special agent training course until— (1) the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representa- tives a report on any plans of the Secretary to relocate an Army CID special agent training course, including an expla- nation of the business case for any transfer of training per- sonnel proposed as part of such plan; and Reports. Plans. Time period. Deadline. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00128 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 263 PUBLIC LAW 118–31—DEC. 22, 2023 (2) the Secretary provides to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the contents of the report specified in paragraph (1). (b) DEFINITIONS.—In this section: (1) The term ‘‘relocate’’, when used with respect to an Army CID special agent training course, means the transfer of such course to a location different than the location used for such course as of the date of the enactment of this Act. (2) The term ‘‘Army CID special agent training course’’ means a training course provided to members of the Army to prepare such members for service as special agents in the Army Criminal Investigation Division. SEC. 536. STUDY ON REQUIREMENT FOR UNANIMOUS VOTES FOR FINDINGS IN GENERAL AND SPECIAL COURTS-MARTIAL AND RELATED MILESTONES FOR IMPLEMENTATION. (a) STUDY REQUIRED.—The Secretary of Defense shall conduct a study to determine the feasibility and advisability of requiring unanimous votes for findings of guilty, not guilty, or not guilty only by reason of lack of mental responsibility in general and special courts-martial conducted under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (b) USE OF MILITARY JUSTICE EXPERTS.—The Secretary of Defense shall convene a group of members of the Armed Forces and civilian employees of the Department of Defense with signifi- cant expertise in military justice matters to carry out the study required under subsection (a). (c) INFORMATION TO CONGRESS.—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 the following: (1) REPORT.—A report containing the results of the study required under subsection (a). (2) DRAFT LEGISLATIVE TEXT.—Without regard to the con- tents of the report under paragraph (1), draft legislative text that would revise chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to— (A) require a unanimous vote of all members present in a general or special court-martial for a finding of guilty, not guilty, or not guilty only by reason of lack of mental responsibility for a specification; and (B) provide that an accused may be tried a second time for the same offense if a general or special court- martial requiring such a unanimous vote does not result in a finding of guilty, not guilty, or not guilty only by reason of lack of mental responsibility for such offense. (3) MILESTONES FOR IMPLEMENTATION.—A description of any milestones or other requirements that would need to be met for the legislative text provided under paragraph (2) to be enacted by not later than December 31, 2027. SEC. 537. STUDY ON REMOVAL OF SEXUAL ASSAULT VICTIM ADVO- CATES FROM THE CHAIN OF COMMAND OF VICTIMS. (a) STUDY.—The Secretary of Defense shall conduct a study to determine— (1) the feasibility and advisability of requiring that any Sexual Assault Victim Advocate assigned to a victim under Determinations. Deadlines. Determination. Briefing. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00129 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 264 PUBLIC LAW 118–31—DEC. 22, 2023 section 1565b of title 10, United States Code, be from outside the chain of command of the victim; and (2) the potential effects of such a requirement on the ability of the Armed Forces to implement sexual assault prevention and response programs. (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 on the results of the study conducted under subsection (a). Subtitle E—Accession Standards and Recruitment SEC. 541. INCREASED ACCESS TO POTENTIAL RECRUITS AT SEC- ONDARY SCHOOLS. Section 503(c) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i), by striking ‘‘; and’’ and inserting a semicolon; (ii) by redesignating clause (ii) as clause (iii); (iii) by inserting after clause (i) the following new clause: ‘‘(ii) shall provide to military recruiters access to career fairs or similar events upon a request made by military recruiters for military recruiting purposes; and’’; and (iv) in clause (iii), as redesignated by subparagraph (B), by inserting ‘‘, not later than 60 days after receiving such request,’’ after ‘‘provide’’; and (B) in subparagraph (B), by striking ‘‘subparagraph (A)(ii)’’ and inserting ‘‘subparagraph (A)(iii)’’; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new para- graph: ‘‘(6) The Secretary of Defense shall submit an annual report to Congress not later than February 1 each calendar year, detailing each notification of denial of recruiting access issued under para- graph (3).’’. SEC. 542. MODIFICATION OF LIMITATION ON ENLISTMENT AND INDUC- TION OF PERSONS WHOSE SCORE ON THE ARMED FORCES QUALIFICATION TEST IS BELOW A PRESCRIBED LEVEL. Section 520(a) of title 10, United States Code, is amended— (1) by striking ‘‘The number of persons’’ and inserting ‘‘(1) The number of persons’’; (2) by striking ‘‘may not exceed 20 percent’’ and inserting ‘‘may not exceed 4 percent’’; and (3) by adding at the end the following new paragraph: ‘‘(2) Upon the request of the Secretary concerned, the Secretary of Defense may authorize an armed force to increase the limitation specified in paragraph (1) to not exceed 20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed forced during such fiscal year. The Secretary of Defense shall notify the Notification. Deadline. Reports. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00130 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 265 PUBLIC LAW 118–31—DEC. 22, 2023 Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after using such authority.’’. SEC. 543. INCREASED ACCESS TO POTENTIAL RECRUITS AT INSTITU- TIONS OF HIGHER EDUCATION. Section 983(b) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ‘‘; or’’ and inserting a semicolon; (2) in paragraph (2)— (A) by striking ‘‘to the following information pertaining’’ and inserting ‘‘, with respect’’; (B) by striking ‘‘institution):’’ and inserting ‘‘institu- tion)—’’; (C) in subparagraph (A)— (i) by striking ‘‘Names’’ and inserting ‘‘names’’; and (ii) by striking ‘‘telephone listings.’’ and inserting ‘‘telephone listings, which information shall be made available not later than the 60th day following the date of a request; and’’; and (D) in subparagraph (B), by striking ‘‘Date’’ and inserting ‘‘date’’. SEC. 544. INCREASE IN ACCESSION BONUS FOR NURSE OFFICER CAN- DIDATES. Section 2130a(a) of title 10, United States Code, is amended— (1) by striking ‘‘$20,000’’ and inserting ‘‘$40,000’’; and (2) by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. SEC. 545. IMPROVEMENTS TO MEDICAL STANDARDS FOR ACCESSION TO CERTAIN ARMED FORCES. (a) IMPROVEMENTS.—Not later than one year after the date of the enactment of this Act, and once four years thereafter, the Secretary of Defense shall— (1) conduct an assessment of the prescribed medical stand- ards and medical screening processes required for the appoint- ment of an individual as an officer, or enlistment of an indi- vidual as a member, in each covered Armed Force; (2) taking into account the findings of such assessment— (A) update such standards and processes, as may be necessary; and (B) take such steps as may be necessary to improve the waiver process for individuals who do not meet such prescribed medical standards; and (3) submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing, with respect to the most recently conducted assessment under paragraph (1)— (A) the findings of that assessment and a description of the actions carried out pursuant to paragraph (2); and (B) recommendations by the Secretary for any legisla- tive action the Secretary determines necessary to further improve such standards and processes. (b) COVERED ARMED FORCE DEFINED.—In this section, the term ‘‘covered Armed Force’’ means the Army, Navy, Air Force, Marine Corps, or Space Force. Recommenda- tions. Reports. Updates. Assessment. Deadlines. Processes. 10 USC note prec. 501. Deadline. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00131 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 266 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 546. FUTURE SERVICEMEMBER PREPARATORY COURSE. (a) REQUIREMENT.—If the number of nonprior service enlisted personnel covered under section 520 of title 10, United States Code, exceeds 10 percent of the total number of persons originally enlisted in an Armed Force during a fiscal year, the Secretary concerned shall establish a future servicemember preparatory course within the Armed Force concerned. (b) PURPOSE.—The course established under subsection (a) shall be designed to improve the physical and aptitude qualifications of military recruits. (c) CRITERIA.—Each course established under this section shall comply with the following requirements: (1) ENROLLMENT.—All nonprior service enlisted persons whose score on the Armed Forces Qualification Test is below the thirty-first percentile must be enrolled in the course prior to attending initial basic training. (2) GRADUATION REQUIREMENT.—Prior to attending initial basic training, all enlisted persons attending the course estab- lished under this section must achieve a score on the Armed Forces Qualification Test that is at least 10 points higher than the individual’s most recent score taken prior to the individual’s date of enlistment. (3) EFFECT OF COURSE FAILURE.—Any enlisted person who fails to achieve course graduation requirements within 180 days of enlistment shall be separated under regulations pre- scribed by the Secretary concerned. (d) REPORT.—If a preparatory course under this section is estab- lished by the Secretary concerned, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the structure and results of the course for the preceding fiscal year by December 1st of the subsequent fiscal year. The report shall include the following elements: (1) The number of individuals who attended the pre- paratory course. (2) The number of individuals who graduated the pre- paratory course. (3) The average improvement in the Armed Forces Quali- fication Test score for individuals who graduated from the prepatory course. (4) Any other matter the Secretary determines relevant. (e) SUNSET.—The requirements of this section shall expire on September 30th, 2028. SEC. 547. PILOT PROGRAM ON CARDIAC SCREENINGS FOR MILITARY ACCESSIONS. (a) ESTABLISHMENT.—Not later than September 30, 2024, the Secretary of Defense shall carry out a pilot program to provide an electrocardiogram to individuals who undergo military accession screenings. Each such electrocardiogram shall be provided— (1) on a mandatory basis; (2) at no cost to the recipient; and (3) in a facility of the Department of Defense or by a member or employee of the military health system. (b) PURPOSES.—In carrying out the pilot program, the Secretary shall— (1) determine the costs (including protocols and personnel and equipment for each location where the Secretary carries Determination. Costs. Deadline. 10 USC note prec. 501. Time period. Deadline. Compliance. 10 USC 520 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00132 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 267 PUBLIC LAW 118–31—DEC. 22, 2023 out the pilot program) and benefits to the Department of pro- viding an electrocardiogram to every individual who undergoes a military accession screening; (2) develop and implement appropriate processes to assess the long-term impacts of electrocardiogram results on military service; and (3) consult with experts in cardiology to develop appropriate clinical practice guidelines for cardiac screenings, diagnosis, and treatment. (c) BRIEFING.—Not later than 180 days after the date on which the pilot program terminates, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program. Such briefing shall include the following: (1) The results of all electrocardiograms provided to individ- uals under the pilot program— (A) disaggregated by Armed Force, race, and gender; and (B) without any personally identifiable information. (2) The rate of significant cardiac issues detected pursuant to electrocardiograms provided under the pilot program, disaggregated by Armed Force, race, and gender. (3) The number of individuals, if any, who were disqualified from accession based solely on the result of an electrocardio- gram provided under the pilot program. (4) The cost of carrying out the pilot program. (d) TERMINATION.—The pilot program shall terminate after three years after its implementation. SEC. 548. COMMUNITY COLLEGE ENLISTED TRAINING CORPS DEM- ONSTRATION PROGRAM. (a) DEMONSTRATION PROGRAM.— (1) IN GENERAL.—Not later than August 1, 2025, the Sec- retary concerned shall establish within each military depart- ment an Enlisted Training Corps demonstration program for the purpose of introducing students to the military, and pre- paring selected students for enlisted service in the Army, Navy, Air Force, Marine Corps, or Space Force. (2) LOCATION.—Demonstration programs established under this section shall be located at a community or junior college. No program may be established at a military college or military junior college as defined for purposes of section 2107a of title 10, United States Code. (b) ELIGIBILITY FOR MEMBERSHIP.—To be eligible for member- ship in a program under this section, a person must be a student at an institution where a unit of the Enlisted Training Corps is located. (c) INSTRUCTORS.—The Secretary concerned may assign as an instructor for a unit established under this section an individual eligible to serve as an instructor under section 2111 or section 2031 of title 10, United States Code. Instructors who are not cur- rently members on active duty shall be paid in a manner consistent with section 2031 of title 10, United States Code. (d) FINANCIAL ASSISTANCE.—The Secretary of the military department concerned may provide financial assistance to persons enrolled in a unit of the Enlisted Training Corps in exchange for an agreement in writing that the person enlist in the active Deadline. 10 USC 503 note. Costs. Deadline. Consultation. Processes. Assessment. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00133 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 268 PUBLIC LAW 118–31—DEC. 22, 2023 component of the military department concerned upon graduation or disenrollment from the community college. Financial assistance provided under this subsection may include tuition, living expenses, stipend, or other payment. (e) CURRICULUM.—The Secretary concerned shall ensure that any programs created under this section include as part of the curriculum the following: (1) An introduction to the benefits of military service. (2) Military history. (3) Military customs and courtesies. (4) Physical fitness requirements. (5) Instruction on ethical behavior and decision making. (f) REPORTING REQUIREMENT.—Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified by subsection (g), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the demonstration program required by this section. (g) SUNSET.—The requirements of this provision shall sunset on September 30, 2030. SEC. 549. ANNUAL BRIEFINGS ON MILITARY RECRUITMENT PRACTICES IN PUBLIC SECONDARY SCHOOLS AND COMMUNITY COL- LEGES. (a) BRIEFINGS REQUIRED.—Not later than December 31, 2024, and on an annual basis thereafter through December 31, 2028, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on military recruitment practices carried out in public secondary schools and community colleges during the calendar year preceding the date of the briefing. (b) ELEMENTS.—Each briefing under subsection (a) shall include, with respect to the year covered by the briefing, the fol- lowing: (1) Identification of the public secondary schools and community colleges visited by military recruiters. (2) Identification of the number of recruits obtained from such schools and colleges. (3) A demographic analysis of such recruits, including anal- ysis of the race, ethnicity, and gender of such recruits. (c) DISAGGREGATION.—The information required under each of a paragraphs (1) through (3) of subsection (b) shall be set forth separately— (1) by ZIP code, in the case of information concerning community colleges; and (2) by local educational agency, in the case information concerning public secondary schools. (d) DEFINITIONS.—In this section, the terms ‘‘local educational agency’’ and ‘‘secondary school’’ have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). Demographic analysis. Deadline. Time period. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00134 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 269 PUBLIC LAW 118–31—DEC. 22, 2023 Subtitle F—Junior Reserve Officers’ Training Corps SEC. 551. EXPANSION OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS. Section 2031 of title 10, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking ‘‘The President shall promulgate’’ and inserting ‘‘The Secretary of Defense shall promulgate’’; and (B) by striking ‘‘maintained, and shall provide’’ and all that follows through the period at the end and inserting ‘‘maintained.’’; and (2) by adding at the end the following new subsection: ‘‘(i)(1) The Secretary of Defense shall establish and support not fewer than 3,400, and not more than 4,000, units of the Junior Reserve Officers’ Training Corps. ‘‘(2) The requirement under paragraph (1) shall not apply— ‘‘(A) if the Secretary fails to receive an adequate number of requests for Junior Reserve Officer’s Training Corps units by public and private secondary educational institutions; and ‘‘(B) during a time of national emergency when the Secre- taries of the military departments determine that funding must be allocated elsewhere.’’. SEC. 552. REQUIREMENT FOR MEMORANDA OF UNDERSTANDING ADDRESSING CERTAIN MATTERS PERTAINING TO UNITS OF THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS. Section 2031(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) through (5) as subpara- graphs (A) through (E); (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; (3) in subparagraph (A), as redesignated by paragraph (1)— (A) by striking ‘‘(A)’’ and inserting ‘‘(i)’’; and (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; (4) in subparagraph (E), as so redesignated, by striking ‘‘as may be established by the Secretary of the military depart- ment concerned’’ and inserting ‘‘as the Secretary of the military department concerned prescribes in the memorandum of under- standing required under paragraph (2).’’; and (5) by adding at the end the following new paragraph: ‘‘(2) The Secretary of Defense shall prescribe in regulations a memorandum of understanding to be signed by the Secretary of the military department concerned and each institution oper- ating a unit under this section. The memorandum shall be standardized to the extent practicable and include the following elements: ‘‘(A) A requirement that an institution notify the Sec- retary of the military department concerned of allegations of misconduct (including sexual misconduct and harass- ment) against an instructor who is receiving retired or other pay, not later than 48 hours after such institution learns of such allegations. ‘‘(B) A process by which the Secretary of the military department concerned certifies an instructor, including the Notification. Deadline. Processes. Regulations. Determination. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00135 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 270 PUBLIC LAW 118–31—DEC. 22, 2023 conduct of appropriate background checks by such Sec- retary and the institution concerned. ‘‘(C) A process by which the Secretary of the military department concerned shall conduct oversight of instructors certified by such Secretary, including a requirement that such certification shall expire after not more than five years. ‘‘(D) Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of January 1, 2024, staggered as the Secretary determines appropriate. ‘‘(E) A requirement that each institution certifies it— ‘‘(i) has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as applicable, and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including the rights of stu- dents to not be subject to discrimination or subject to retaliation for reporting a violation of those laws, if such laws apply to the public or private institution; ‘‘(ii) has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution; ‘‘(iii) has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment; ‘‘(iv) agrees to report all allegations of violations described in this subparagraph to the military depart- ment concerned and, if subject to the jurisdiction of the Department of Education, the Office of Civil Rights of the Department of Education not less often than annually; ‘‘(v) has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and ‘‘(vi) agrees to provide the data necessary to com- pile the report required under subsection (i).’’. SEC. 553. JUNIOR RESERVE OFFICERS’ TRAINING CORPS ADMINIS- TRATOR AND INSTRUCTOR COMPENSATION. (a) IN GENERAL.—Section 2031 of title 10, United States Code, as amended by sections 551 and 552, is further amended— (1) by amending subsection (d) to read as follows: ‘‘(d)(1) Instead of, or in addition to, detailing officers and non- commissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the program— ‘‘(A) retired officers and noncommissioned officers whose qualifications are approved by the Secretary and the institution concerned and who request such employment; ‘‘(B) officers and noncommissioned officers who are sepa- rated with an honorable discharge within the past 5 years Time periods. Data. Policies. Notification. Certification. Reports. Applicability. Inspection. Time period. Effective date. Expiration date. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00136 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 271 PUBLIC LAW 118–31—DEC. 22, 2023 with at least 8 years of service and are approved by the Sec- retary and the institution concerned and who request such employment; or ‘‘(C) officers and noncommissioned officers who are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility and are approved by the Secretary and the institution concerned and who request such employment. ‘‘(2) Employment under this subsection shall be subject to the following conditions: ‘‘(A) The Secretary concerned shall pay to the institution an amount equal to one-half of the Department’s prescribed JROTC Standardized Instructor Pay Scale amount paid to the member by the institution for any period. ‘‘(B) The Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)— ‘‘(i) the institution is in an educationally and economi- cally deprived area; and ‘‘(ii) the Secretary determines that such action is in the national interest. ‘‘(C) Payments by the Secretary concerned under this sub- section shall be made from funds appropriated for that purpose. ‘‘(D) The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve.’’; (2) by striking subsections (e) and (f); and (3) by redesignating subsections (g) and (h) as subsections (e) and (f), respectively. (b) TREATMENT OF CURRENT ADMINISTRATORS AND INSTRUC- TORS.—An administrator or instructor employed under section 2031 of title 10, United States Code, on the date of enactment of this section shall not be subject to a reduction in total compensation as a result of such enactment. SEC. 554. PROHIBITION OF ESTABLISHMENT OR MAINTENANCE OF A UNIT OF THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS AT AN EDUCATIONAL INSTITUTION OWNED, OPER- ATED, OR CONTROLLED BY THE CHINESE COMMUNIST PARTY. Section 2031 of title 10, United States Code, as amended by sections 551, 552, and 553, is further amended by adding at the end the following new subsection: ‘‘(g) No unit may be established or maintained at an educational institution that is owned, operated, or controlled by a person that— ‘‘(1) is the People’s Republic of China; ‘‘(2) is a member of the Chinese Communist Party; ‘‘(3) is a member of the People’s Liberation Army; ‘‘(4) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company; ‘‘(5) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury; or 10 USC 2031 note. Determination. Payments. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00137 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 272 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(6) is owned by or controlled by or is an agency or instrumentality of any person described in paragraphs (1) through (5).’’. SEC. 555. ENFORCEMENT OF PROGRAM REQUIREMENTS FOR THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS. (a) IN GENERAL.—Section 2031 of title 10, United States Code, as amended by sections 551 through 554, is further amended by adding at the end the following new subsection: ‘‘(h)(1) The Secretary of Defense may suspend or place on probation a unit of the Junior Reserve Officers’ Training Corps that fails to comply with the provisions of the memorandum of understanding required pursuant to subsection (b) or any other requirement of this section. ‘‘(2) A unit may be placed on probation under paragraph (1) for a period of up to three years. ‘‘(3) A unit may be suspended under paragraph (1) if, after the three-year probationary period, such unit remains out of compli- ance with the requirements of this section and the Secretary of the military department concerned determines that such suspension is necessary to mitigate program deficiencies or to protect the safety of program participants.’’. (b) ANNUAL REPORTS.—Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report including information on— (1) any units of the Junior Reserve Officers’ Training Corps suspended or placed on probation pursuant to section 2031(i) of title 10, United States Code (as added by subsection (a)), in the year covered by the report; and (2) with respect any unit that is reinstated after previously being suspended or placed on probation pursuant to such sec- tion, justification for the reinstatement of such unit. SEC. 556. ANNUAL REPORT ON ALLEGATIONS OF SEXUAL MISCONDUCT IN JUNIOR RESERVE OFFICERS’ TRAINING CORPS PRO- GRAMS. Section 2031 of title 10, United States Code, as amended by sections 551 through 555, is further amended, by adding at the end the following new subsection: ‘‘(i)(1) Not later than March 31, 2024, and annually thereafter through March 31, 2029, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a report on allegations of sexual misconduct, sexual harassment, and sex discrimination in Junior Reserve Offi- cers’ Training Corps programs during the preceding year. ‘‘(2) Each report required under paragraph (1) shall set forth the following: ‘‘(A) The number of reported allegations of violations under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in school-affiliated Junior Reserve Officers’ Training Corps programs, including— ‘‘(i) the number of such reported allegations that were investigated; ‘‘(ii) the outcome of those investigations; and Time period. Determination. Penalties. Time periods. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00138 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 273 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(iii) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. ‘‘(B) The number of reports that the Department of Defense or armed forces have received during the reporting period involving allegations of acts of violence, including sexual abuse or harassment, by instructors against students in Junior Reserve Officers’ Training Corps programs, including— ‘‘(i) the offense involved; ‘‘(ii) the armed force involved; ‘‘(iii) the number of instructors and number of allega- tions each instructor received; ‘‘(iv) the number of reports of sexual misconduct and harassment that have been investigated; ‘‘(v) the number of reports or investigations that have led to the removal of an instructor from a Junior Reserve Officers’ Training Corps program; and ‘‘(vi) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. ‘‘(C) Any steps the Department of Defense has taken to mitigate sexual misconduct and harassment in Junior Reserve Officers’ Training Corps programs during the preceding year. ‘‘(3) Each report required under paragraph (1) shall be sub- mitted in unclassified form and may not be designated as controlled unclassified information. ‘‘(4) The Secretary shall annually report to the Committees on Armed Services of the Senate and the House of Representatives regarding compliance with this subsection by the Junior Reserve Officers’ Training Corps programs, including an up-to-date report on the Secretary’s monitoring of such compliance.’’. Subtitle G—Member Education SEC. 561. SERVICE ACADEMIES: NUMBERS OF NOMINATIONS BY MEM- BERS OF CONGRESS AND APPOINTMENTS BY THE SECRE- TARIES OF THE MILITARY DEPARTMENTS. (a) UNITED STATES MILITARY ACADEMY.—Section 7442 of title 10, United States Code, is amended— (1) in subsection (a), in the matter following paragraph (10), by striking ‘‘10 persons’’ and inserting ‘‘15 persons’’; and (2) in subsection (b)(5), by striking ‘‘150’’ and inserting ‘‘200’’. (b) UNITED STATES NAVAL ACADEMY.—Section 8454 of title 10, United States Code, is amended— (1) in subsection (a), in the matter following paragraph (10), by striking ‘‘10 persons’’ and inserting ‘‘15 persons’’; and (2) in subsection (b)(5), by striking ‘‘150’’ and inserting ‘‘200’’. (c) UNITED STATES AIR FORCE ACADEMY.—Section 9442 of title 10, United States Code, is amended— (1) in subsection (a), in the matter following paragraph (10), by striking ‘‘10 persons’’ and inserting ‘‘15 persons’’; and (2) in subsection (b)(5), by striking ‘‘150’’ and inserting ‘‘200’’. Compliance. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00139 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 274 PUBLIC LAW 118–31—DEC. 22, 2023 (d) APPLICABILITY.—The amendments made by this section shall apply to nominations of candidates and appointments to the Service Academies (as such term is defined in section 347 of title 10, United States Code) for classes entering such Service Academies beginning with the 2025-2026 academic year. SEC. 562. INCREASE IN THE NUMBER OF NOMINEES FROM GUAM TO THE SERVICE ACADEMIES. (a) UNITED STATES MILITARY ACADEMY.—Section 7442 of title 10, United States Code, as amended by section 561, is further amended, in subsection (a)(8), by striking ‘‘Four’’ and inserting ‘‘Five’’. (b) UNITED STATES NAVAL ACADEMY.—Section 8454 of title 10, United States Code, as amended by section 561, is further amended, in subsection (a)(8), by striking ‘‘Four’’ and inserting ‘‘Five’’. (c) UNITED STATES AIR FORCE ACADEMY.—Section 9442 of title 10, United States Code, as amended by section 561, is further amended, in subsection (a)(8), by striking ‘‘Four’’ and inserting ‘‘Five’’. SEC. 563. CONSIDERATION OF STANDARDIZED TEST SCORES IN MILI- TARY SERVICE ACADEMY APPLICATION PROCESS. The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy require the submission and consideration of standardized test scores as part of the application process. SEC. 564. SERVICE ACADEMY PROFESSIONAL SPORTS PATHWAY REPORT AND LEGISLATIVE PROPOSAL REQUIRED. (a) LEGISLATIVE PROPOSAL.—Not later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report including the following elements: (1) A legislative proposal that would— (A) update and clarify the legislative framework related to the ability of Service Academy graduates to pursue employment as a professional athlete prior to serving at least 5 years on active duty; and (B) retain the existing requirement that all Service Academy graduates must serve for 2 years on active duty before affiliating with the reserves to pursue employment as a professional athlete. (2) A description of amendments to current law that would be necessary to implement the legislative proposal described under paragraph (1). (b) REPORT REQUIRED.—Not later than March 1, 2024, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following information: (1) The name, covered Armed Force, and sport of each Service Academy graduate released or deferred from active service in order to participate in professional sports. (2) A description of the sports career progress of each participant, such as drafted, signed, released, or returned to service in a covered Armed Force. 10 USC 7448 note. Update. Time periods. Requirement. 10 USC 7446 note. 10 USC 7442 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00140 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 275 PUBLIC LAW 118–31—DEC. 22, 2023 (3) A summary by participant of marketing strategy and recruiting related activities conducted. (4) A description by participant of the assessments con- ducted by the military services to determine the recruiting value associated with approved releases from active duty. (5) The current status of each participant, including, as appropriate, affiliated franchise. (c) DEFINITIONS.—In this section: (1) The term ‘‘covered Armed Force’’ means the Army, Navy, Air Force, Marine Corps, or Space Force. (2) The term ‘‘Service Academy’’ has the meaning given such term in section 347 of title 10, United States Code. SEC. 565. BRIEFING ON INCLUSION OF ADVANCED RESEARCH PRO- GRAMS AT CERTAIN INSTITUTIONS OF PROFESSIONAL MILITARY EDUCATION. Not later than April 1, 2024, the President of the National Defense University, the Commandant of the United States Army Command and General Staff College, the Commandant of the Army War College, the President of the Naval War College, and the Commander of the Air University shall each provide to the Commit- tees on Armed Services of the Senate and the House of Representa- tives a briefing on— (1) the current requirements and outcomes for wargaming and force structure recommendations resulting from activities conducted under existing advanced research programs; and (2) the feasibility and advisability of establishing a perma- nent advanced research program at the institution of profes- sional military education concerned. Subtitle H—Member Training and Transition SEC. 571. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM. Section 1142(c)(1) of title 10, United States Code, is amended— (1) in subparagraph (E), by striking ‘‘Disability’’ and inserting ‘‘Potential or confirmed disability’’; and (2) in subparagraph (F), by striking ‘‘Character’’ and inserting ‘‘Potential or confirmed character’’. SEC. 572. SKILLBRIDGE: STAFFING; BUDGETING; OUTREACH; REPORT. (a) IN GENERAL.—Section 1143(e) of title 10, United States Code is amended— (1) in paragraph (1)— (A) by inserting ‘‘(A)’’ before ‘‘The Secretary concerned’’; and (B) by adding at the end the following new subpara- graph: ‘‘(B) The Secretary of a military department shall carry out one or more programs under this subsection.’’; (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (2) the following new para- graphs: Recommenda- tions. Deadline. Assessments. Determination. Summary. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00141 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 276 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(3) To carry out this subsection, the Secretary concerned shall— ‘‘(A) assign not fewer than two full-time equivalent posi- tions; and ‘‘(B) develop for each fiscal year a funding plan that includes funding lines across the future-years defense program under section 221 of this title. ‘‘(4) For any program under this subsection, the Secretary con- cerned shall, on an annual basis— ‘‘(A) circulate, to members serving on active duty under the jurisdiction of such Secretary concerned, information about the program (including eligibility requirements and the applica- tion process); and ‘‘(B) conduct outreach to inform potential employers about Skillbridge, participating members, and how the program oper- ates, and to increase the number of, and types of, employers that hire program participants.’’. (b) GAO REPORT.—Not later than July 1, 2024, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding Skillbridge. Such report shall include the following: (1) The extent to which members of the Armed Forces have participated in the Skillbridge program, including the characteristics of such personnel and completed internships. (2) The process by which the Secretary of Defense deter- mines that a member of the Armed Forces is eligible to partici- pate in Skillbridge. (3) The extent to which the process described in paragraph (2) and guidance prescribed by the Secretary regarding Skillbridge incorporate relevant Federal ethics rules regarding internships. (4) The number of members, disaggregated by rank, who participated in Skillbridge in each of fiscal years 2019 through 2023. (5) The number of members described in paragraph (4) who received full-time offers of employment from the partici- pating employer upon completion of an internship under Skillbridge. (6) Any other information the Comptroller General deter- mines appropriate. SEC. 573. EXTENSION OF TROOPS-TO-TEACHERS PROGRAM TO THE JOB CORPS. Section 1154 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A)(ii), by striking ‘‘; or’’ and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and (iii) by adding at the end the following new subparagraph: ‘‘(C) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197).’’; and (B) in paragraph (3)— Time periods. Processes. Funding plans. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00142 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 277 PUBLIC LAW 118–31—DEC. 22, 2023 (i) in subparagraph (B), by striking ‘‘; or’’ and inserting a semicolon; (ii) in subparagraph (C), by striking the period at the end and inserting ‘‘; or’’; and (iii) by adding at the end the following new subparagraph: ‘‘(D) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197).’’; (2) in subsection (d)(4)(A)(ii), by inserting ‘‘or Job Corps centers’’ after ‘‘secondary schools’’; and (3) in subsection (e)(2)(E), by inserting ‘‘or Job Corps center’’ after ‘‘secondary school’’. SEC. 574. TROOPS-TO-TEACHERS PROGRAM: EXPANSION; EXTENSION. Section 1154 of title 10, United States Code, as amended by section 573, is further amended— (1) in subsection (b)(2)— (A) in subparagraph (A)(ii), by striking ‘‘; and’’ and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following new subpara- graph: ‘‘(C) as administrators and instructors of the Junior Reserve Officers’ Training Corps under section 2031(d) of this title.’’; and (2) in subsection (k), by striking ‘‘2025’’ and inserting ‘‘2027’’. SEC. 575. LANGUAGE TRAINING CENTERS FOR MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE. Section 529 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2001 note prec.) is amended— (1) in subsection (a), by striking ‘‘may carry out a program’’ and inserting ‘‘shall carry out a program’’; (2) by redesignating subsection (e) as subsection (f); (3) by inserting after subsection (d) the following new sub- section: ‘‘(e) CONTRACT AUTHORITY.—The Secretary of Defense may enter into one or more contracts, cooperative agreements, or grants with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of grants to accredited universities, senior military col- leges, or other similar institutions of higher education to establish and maintain language training centers authorized by subsection (a).’’; and (4) in subsection (f), as redesignated by paragraph (2)— (A) by striking ‘‘one year after the date of the establish- ment of the program authorized by subsection (a)’’ and inserting ‘‘180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024’’; (B) by striking ‘‘report on the program’’ and inserting ‘‘report on the Language Training Center program’’; (C) by redesignating paragraph (4) as paragraph (5); Grants. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00143 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 278 PUBLIC LAW 118–31—DEC. 22, 2023 (D) by inserting after paragraph (3) the following new paragraph: ‘‘(4) An assessment of the resources required to carry out the Language Training Center program by year through fiscal year 2027.’’; and (E) in paragraph (5), as redesignated by subparagraph (C), by striking ‘‘A recommendation whether the program should be continued and, if so, recommendations as to any modifications of the program’’ and inserting ‘‘Rec- ommendations as to any modifications to the Language Training Center program’’. SEC. 576. 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— (1) at an academic institution operated by the Department of Defense; (2) in training provided to a member of the Armed Forces; or (3) in professional military education. (b) PROTECTION OF ACADEMIC FREEDOM.—Nothing in this sec- tion 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) DEFINITIONS.—In this section, the term ‘‘critical race theory’’ 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. 577. INCREASED FITNESS STANDARDS FOR ARMY CLOSE COMBAT FORCE MILITARY OCCUPATIONAL SPECIALTIES. (a) IMPLEMENTATION.—Not later than 18 months after the date of the enactment of this Act, the Secretary of the Army shall implement increased minimum fitness standards as part of the Army Combat Fitness Test for all soldiers of the following military occupational specialties or areas of concentration: (1) 11A. (2) 11B. (3) 11C. (4) 11Z. (5) 12A. (6) 12B. (7) 13A. (8) 13F. (9) 18A. (10) 18B. (11) 18C. (12) 18D. (13) 18E. (14) 18F. (15) 18Z. (16) 19A. (17) 19C. (18) 19D. Deadlines. 10 USC 7013 note. Assessment. Time period. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00144 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 279 PUBLIC LAW 118–31—DEC. 22, 2023 (19) 19K. (20) 19Z. (b) BRIEFING.—Not later than 365 days after the date of the enactment of this Act, the Secretary of the Army provide a briefing to the Committees on Armed Services of the Senate and House of Representatives describing the methodology used to establish standards under subsection (a). SEC. 578. PUBLICATION OF TRAINING MATERIALS OF THE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE. Not later than September 30, 2024, the Secretary of Defense shall publish all materials created by the Defense Equal Oppor- tunity Management Institute for the purpose of training members of the Armed Forces on the website of such Institute. SEC. 579. PROHIBITION ON FEDERAL FUNDS FOR THE DEPARTMENT OF DEFENSE COUNTERING EXTREMISM WORK GROUP. No funds authorized to be appropriated by this Act may be used to fund the Department of Defense Countering Extremism Working Group established by the Secretary of Defense memo- randum on April 9, 2021. Subtitle I—Family Programs, Child Care, and Dependent Education SEC. 581. NON-MEDICAL COUNSELING SERVICES FOR MILITARY FAMI- LIES. Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(d) NON-MEDICAL COUNSELING SERVICES.—(1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program. ‘‘(2) A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional. ‘‘(3) A non-medical mental health professional described in this subsection is a person who is— ‘‘(A) a currently licensed mental health care provider who holds a license that is— ‘‘(i) issued by a State, the District of Columbia, or a territory or possession of the United States; and ‘‘(ii) recognized by the Secretary of Defense as an appro- priate license for the provision of non-medical counseling services; ‘‘(B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and Deadline. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00145 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 280 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1). ‘‘(4) The authority under this subsection shall terminate three years after the date of the enactment of this subsection. ‘‘(5) In this subsection, the term ‘non-medical counseling serv- ices’ means mental health care services that are non-clinical, short- term and solution focused, and address topics related to personal growth, development, and positive functioning.’’. SEC. 582. INCREASE IN THE TARGET FUNDING LEVEL FOR MILITARY CHILD CARE. Section 1791 of title 10, United States Code, is amended, in subsection (a), by inserting ‘‘115 percent of’’ after ‘‘not less than’’. SEC. 583. MODIFICATIONS TO ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES WITH ENROLLMENT CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS. (a) IN GENERAL.—Section 575 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117– 263; 20 U.S.C. 7703d) is amended— (1) in subsection (a)— (A) by striking ‘‘year, the local educational agency’’ and all that follows through ‘‘(as determined’’ and inserting ‘‘year, the local educational agency had (as determined’’; (B) by striking paragraph (2); (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs, as so redesignated, two ems to the left; and (D) in paragraph (2), as redesignated by subparagraph (C), by striking ‘‘; or’’ and inserting a period; (2) by striking subsection (h); and (3) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively. (b) BRIEFING REQUIRED.—Not later than March 1, 2024, the Director of the Department of Defense Education Activity shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on— (1) any additional authorities that would be helpful to the Activity in its efforts to better support local educational agencies; and (2) the amounts and types of any financial assistance pro- vided to local educational agencies under section 575 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 20 U.S.C. 7703d) as of the date of the briefing. SEC. 584. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL. (a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU- CATIONAL 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 Deadline. Definition. Termination date. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00146 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 281 PUBLIC LAW 118–31—DEC. 22, 2023 to be appropriated for fiscal year 2024 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 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 sub- section, the term ‘‘local educational agency’’ has the meaning given that term in section 7013(9) of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 7713(9)). (b) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.— (1) IN GENERAL.—Of the amount authorized to be appro- priated for fiscal year 2024 pursuant to section 301 and avail- able for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 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 Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). (2) ADDITIONAL AMOUNT.—Of the amount authorized to be appropriated for fiscal year 2024 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies deter- mined by the Secretary to have higher concentrations of mili- tary children with severe disabilities. (3) BRIEFING.—Not later than March 31, 2024, the Sec- retary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the Secretary’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and the subsequent determination of the Secretary with respect to the amounts of impact aid each such agency shall receive. SEC. 585. OUTREACH CAMPAIGN RELATING TO WAITING LISTS FOR MILITARY CHILD DEVELOPMENT CENTERS; ANNUAL BRIEFING. (a) IN GENERAL.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a campaign to conduct outreach, not less than once every six months, to inform individuals eligible for child care services under chapter 88 of title 10, United States Code, including child care employees— (1) how to— (A) join a waiting list for child care services at a military child development center; and (B) check the position of such an individual on such waiting list; and (2) of— (A) what factors affect positions on such waiting list; (B) the process to prioritize such individuals to receive child care services at a military child development center; (C) the fee schedule for child care services at a military child development center; and Time period. 10 USC note prec. 1791. Deadline. Evaluation. Determination. Payments. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00147 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 282 PUBLIC LAW 118–31—DEC. 22, 2023 (D) options for child care services available to such individuals other than military child development centers, including pilot programs at the duty station of such member, if applicable. (b) ANNUAL BRIEFING.—Not later than 90 days after the date of the enactment of this Act, and on an annual basis thereafter for five years, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes, for each military depart- ment— (1) a list of the five military installations with the longest waiting lists for child care services at military child develop- ment centers; and (2) the number of classrooms for child care services, disaggregated by military installation, closed during the period covered by the briefing due to— (A) insufficient staffing; or (B) issues relating to maintenance. (c) DEFINITIONS.—In this section, the terms ‘‘child care employee’’ and ‘‘military child development center’’ have the meanings given such terms in section 1800 of title 10, United States Code. SEC. 586. BRIEFINGS ON PILOT PROGRAM ON HIRING OF SPECIAL NEEDS INCLUSION COORDINATORS FOR DEPARTMENT OF DEFENSE CHILD DEVELOPMENT CENTERS. Section 576(d) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 1792 note) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting, after paragraph (1) the following new paragraph (2): ‘‘(2) BRIEFINGS ON IMPLEMENTATION.—Beginning on January 31, 2024, until the termination of the pilot program, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a biannual briefing on the implementation of the pilot program. Each such briefing shall include the following: ‘‘(A) The process for selecting child development centers under subsection (b). ‘‘(B) How a special needs inclusion coordinator hired under the pilot program coordinates with the head of the child development center concerned and the commander of the military installation concerned. ‘‘(C) How many special needs inclusion coordinators have been hired under the pilot program.’’. SEC. 587. BRIEFINGS ON IMPLEMENTATION OF UNIVERSAL PRE- KINDERGARTEN PROGRAMS IN SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE EDUCATION ACTIVITY. (a) QUARTERLY BRIEFINGS REQUIRED.—Not later than January 30, 2024, and on a quarterly basis thereafter until December 31, 2027, the Secretary of Defense shall submit to the committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of the Secretary in implementing uni- versal pre-kindergarten programs in schools operated by the Depart- ment of Defense Education Activity. Deadline. Time period. Processes. Effective date. List. Deadline. Time period. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00148 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 283 PUBLIC LAW 118–31—DEC. 22, 2023 (b) CONTENTS OF INITIAL BRIEFING.—The initial briefing under subsection (a) shall include— (1) identification of all locations under the jurisdiction of the Department of Defense at which universal pre-kindergarten programs and child development centers are co-located; and (2) an estimate of the number of children expected to transfer from child development centers to pre-kindergarten programs as a result of such programs being offered. (c) CONTENTS OF SUBSEQUENT BRIEFINGS.—Following the initial briefing under subsection (a), each subsequent briefing shall include— (1) the total anticipated costs of funding universal pre- kindergarten programs in schools operated by the Department of Defense Education Activity; (2) the estimated differential between the cost of caring for a child in a child development center versus the cost of a child’s participation in a pre-kindergarten program; (3) the estimated differential between the costs of employing caregivers in child development centers versus the costs of employing teachers in pre-kindergarten programs; (4) the child-to-caregiver ratio requirements for child development centers versus the child-to-teacher ratio require- ments for pre-kindergarten programs; (5) a needs assessment of facilities for universal pre-kinder- garten programs based on anticipated capacity; (6) an assessment of the availability of teachers for pre- kindergarten programs; and (7) an indication of whether, and to what extent, members of the Armed Forces have expressed a preference for enrolling their children in pre-kindergarten programs rather than con- tinuing care for such children in child development centers. SEC. 588. REPORT ON MENTAL HEALTH AND WELLNESS SUPPORT FOR STUDENTS ENROLLED IN SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE EDUCATION ACTIVITY. (a) IN GENERAL.—Not later than December 1, 2024, the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on pro- grams and policies to support mental health and wellness among students in schools operated by the Department of Defense Edu- cation Activity (referred to in this section as ‘‘DODEA Schools’’). (b) ELEMENTS.—The report required under subsection (a) shall include the following: (1) A description of the mental health and wellness resources available to students enrolled in DODEA schools. (2) An overview of policies and procedures in place in DODEA schools to ensure that students are regularly screened for mental health and wellness. (3) An overview of policies and procedures in place in DODEA schools for administrators and teachers to commu- nicate and coordinate with parents and guardians of students in such schools in cases in which students have a demonstrated need for mental health and wellness support. (4) Any recommendations for new policies, programs, or resources to improve mental health and wellness support for students enrolled in DODEA schools. Recommenda- tions. Overview. Overview. Assessment. Assessment. Cost estimate. Cost estimate. Costs. Estimate. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00149 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 284 PUBLIC LAW 118–31—DEC. 22, 2023 (5) An assessment of the feasibility and advisability of conducting a pilot program to detail licensed medical health care providers under the control of the Defense Health Agency to DODEA schools in order to improve mental health and wellness care for students enrolled in such schools. (6) Any other matters the Secretary of Defense determines to be relevant and appropriate for inclusion in the report. (c) MENTAL HEALTH AND WELLNESS CONSIDERATIONS.—In con- sidering student mental health and wellness for purposes of this section, the Secretary of Defense shall, at a minimum, take into account the following conditions: (1) Depression. (2) Suicidal ideation. (3) Anxiety. (4) Attention-deficit/hyperactivity disorder (ADHD). (5) Eating disorders. (6) Substance abuse. (7) Dual diagnosis conditions. SEC. 589. RIGHTS OF PARENTS OF CHILDREN ATTENDING SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE EDU- CATION ACTIVITY. (a) ESTABLISHMENT.—Chapter 108 of title 10, United States Code, is amended by inserting after section 2164 the following new section: ‘‘§ 2164a. Rights of parents of children attending schools operated by the Department of Defense Education Activity ‘‘(a) IN GENERAL.—The parent of a child who attends a school operated by the Department of Defense Education Activity has the following rights: ‘‘(1) The right to review the curriculum of the school. ‘‘(2) The right to be informed if the school or the Depart- ment of Defense Education Activity alters the school’s academic standards or learning benchmarks. ‘‘(3) The right to meet with each teacher of their child not less than twice during each school year. ‘‘(4) The right to review all instructional materials used by their students. ‘‘(5) The right to inspect a list of the books and other reading materials contained in the library of the school. ‘‘(6) The right to address the school advisory committee or the school board. ‘‘(7) The right to data about the school’s discipline policy and any disciplinary action that results in a suspension or expulsion from the school, unless such disclosure is prohibited by law. ‘‘(8) The right to information about any plans to eliminate gifted and talented programs or accelerated coursework at the school. ‘‘(b) DISCLOSURES AND NOTIFICATIONS.—Consistent with the parental rights specified in subsection (a) and except as provided by subsection (c), a school operated by the Department of Defense Education Activity shall— ‘‘(1) post on a publicly accessible website of the school— ‘‘(A) the curriculum for each course and grade level; Curriculum. Public information. Web posting. 10 USC 2164a. 10 USC prec. 2161. Assessment. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00150 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 285 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(B) the academic standards or other learning bench- marks used by the school; and ‘‘(C) notice of any proposed revisions to such standards or benchmarks and a copy of any such revisions; ‘‘(2) provide the parent of a child attending the school with— ‘‘(A) the opportunity to meet in person with each teacher of their child not less frequently than twice during each school year at a time mutually agreed upon by both parties; and ‘‘(B) notice of such opportunity at the beginning of each school year; ‘‘(3) provide parents access to the online school library catalog; ‘‘(4) notify parents in a timely manner of any plans to eliminate gifted and talented programs or accelerated coursework at the school; ‘‘(5) except as provided by paragraph (6) or subsection (c), notify parents of any medical examinations or screenings the school may administer to their child and receive written consent from parents for any such examination or screening prior to conducting the examination or screening; ‘‘(6) in the event of an emergency that requires a medical examination or screening without time for parental notification, promptly notify parents of such examination or screening and provide an explanation of the emergency that prevented notification prior to such examination or screening; and ‘‘(7) notify parents of any medical information that will be collected on their child, receive written parental consent prior to collecting such information, and provide parents an opportunity to inspect such information at the parent’s request. ‘‘(c) EXCEPTIONS.—(1) Paragraph (5) of subsection (a) and para- graph (3) of subsection (b) shall not be effective until the day that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. ‘‘(2) A requirement set forth in subsection (b) shall not apply in a case in which the requirement would violate any applicable provision of a Federal or State statute or regulation. ‘‘(d) SCHOOL ADVISORY COMMITTEES AND BOARDS.—Not less frequently than four times per year, a school advisory committee or school board for a school operated by the Department of Defense Education Activity shall provide parents of children attending the school with the opportunity to address the advisory committee or school board on any matters relating to the school or the edu- cational services provided to their children. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘medical examination or screening’— ‘‘(A) means a physical examination provided by a health care provider; and ‘‘(B) does not include an evaluation by, or an encounter with, non-clinical school staff. ‘‘(2) The term ‘school’ means— ‘‘(A) a Department of Defense domestic dependent elementary or secondary school, as described in section 2164 of this title; or Time period. Effective date. Notice. Notice. Records. Standards. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00151 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 286 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(B) any elementary or secondary school or program for dependents operated by the Department of Defense Education Activity.’’. (b) REPORT.—Not later than 30 days after the date of the enactment of this Act and consistent with section 2164a of title 10, United States Code, as added by subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the parental rights specified in such section. The report shall include, with respect to the schools operated by the Department of Defense Education Activity, an explanation of— (1) how and where a parent may access information about their rights; (2) the accessibility of that information; (3) how such schools inform parents of their rights and the means to access such rights; and (4) the uniformity of parental rights across such schools. Subtitle J—Decorations and Awards and Other Personnel Matters, Reports, and Briefings SEC. 591. ARMED FORCES WORKPLACE SURVEYS. Subsection (c) of section 481 of title 10, United States Code, is amended— (1) by redesignating paragraphs (3), (4), and (5) as para- graphs (4), (5), and (6), respectively; and (2) by inserting after paragraph (2) the following new para- graph: ‘‘(3) Indicators of the assault (including unwanted sexual contact) that give reason to believe that the victim was targeted, or discriminated against, or both, for a status in a group.’’. SEC. 592. DUE DATE FOR REPORT ON EFFORTS TO PREVENT AND RESPOND TO DEATHS BY SUICIDE IN THE NAVY. Section 599A(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking ‘‘180 days after the date of the enactment of this Act’’ and inserting ‘‘September 30, 2024’’. SEC. 593. EXTENSION OF DEADLINE FOR REVIEW OF WORLD WAR I VALOR MEDALS. Section 584(f) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 7271 note) is amended by striking ‘‘six years after the date of the enactment of this Act’’ and inserting ‘‘December 31, 2028’’. SEC. 594. DIGITAL AMBASSADOR PROGRAM OF THE NAVY: CESSATION; REPORT; RESTART. (a) CESSATION.—The Secretary of the Navy shall cease all activi- ties of the digital ambassador program of the Office of Information of the Department of the Navy. The Secretary shall notify each individual designated as a digital ambassador of such cessation and that the individual is not authorized to act as a digital ambas- sador of the Navy. Notification. 10 USC 8013 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00152 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 287 PUBLIC LAW 118–31—DEC. 22, 2023 (b) RESTART.—The Secretary may not restart such program until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives a report containing the following: (1) All policies and documents of the program. (2) The number of digital ambassadors designated. (3) The process and criteria for such designation. (4) The duties of a digital ambassador. (5) The online platforms (including social media) on which an individual is authorized under such program to perform duties of a digital ambassador. (6) The determination of the Secretary that such program complies with applicable laws, regulations, and guidance. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Basic Pay, Retired Pay, and Leave Sec. 601. Parental leave parity for members of certain reserve components of the Armed Forces. Sec. 602. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation. Sec. 603. Expansion of authority to pay a member of the Armed Forces who is ab- sent without leave or over leave for such absence. Subtitle B—Bonus and Incentive Pays Sec. 611. Expansion of continuation pay eligibility. Sec. 612. Modification of special and incentive pay authorities for members of re- serve components. Sec. 613. One-year extension of certain expiring bonus and special pay authorities. Sec. 614. Authorization of monthly bonus pay for a junior member of the uniformed services during calendar year 2024. Sec. 615. Determination of cold weather location for purposes of special duty pay. Sec. 616. Feasibility study regarding assignment incentive pay for members of the Air Force assigned to remotely piloted aircraft. Subtitle C—Allowances Sec. 621. Modification of calculation of gross household income for basic needs al- lowance to address areas of demonstrated need. Sec. 622. Improved calculation of basic allowance for housing for junior enlisted members. Sec. 623. Basic allowance for housing for members assigned to vessels undergoing maintenance. Sec. 624. Dual basic allowance for housing for training. Sec. 625. Cost-of-living allowance in the continental United States: high cost areas. Sec. 626. Family separation allowance: increase; review. Sec. 627. OCONUS cost-of-living allowance: adjustments. Sec. 628. Extension of one-time uniform allowance for officers who transfer to the Space Force. Subtitle D—Family and Survivor Benefits Sec. 631. Modifications to transitional compensation for dependents of members separated for dependent abuse. Sec. 632. Lodging expenses for dependents of members separated for dependent abuse. Sec. 633. Access to commissary and exchange privileges for remarried surviving spouses. Sec. 634. Assistance for military spouses to obtain certifications as doulas and International Board Certified Lactation Consultants. Sec. 635. Expansion of qualifying events for which a member of the uniformed serv- ices may be reimbursed for spousal relicensing or business costs due to the member’s relocation. Determination. Compliance. Processes. Criteria. Policies. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00153 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 288 PUBLIC LAW 118–31—DEC. 22, 2023 Subtitle A—Basic Pay, Retired Pay, and Leave SEC. 601. PARENTAL LEAVE PARITY FOR MEMBERS OF CERTAIN RESERVE COMPONENTS OF THE ARMED FORCES. (a) PARENTAL LEAVE.— (1) IN GENERAL.—Chapter 40 of title 10, United States Code, is amended by inserting after section 710 the following new section: ‘‘§ 711. Parental leave for members of certain reserve compo- nents of the armed forces ‘‘(a)(1) Under regulations prescribed by the Secretary of Defense, a member of a reserve component of the armed forces described in subsection (b) is allowed parental leave for a duration of up to 12 inactive-duty training periods, under section 206 of title 37, during the one-year period beginning after the following events: ‘‘(A) the birth or adoption of a child of the member and to care for such child; or ‘‘(B) the placement of a minor child with the member for adoption or long-term foster care. ‘‘(2)(A) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in subparagraph (A) in the case of a member described in subsection (b) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of— ‘‘(i) operational requirements; ‘‘(ii) professional military education obligations; or ‘‘(iii) other circumstances that the Secretary determines reasonable and appropriate. ‘‘(B) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline.; ‘‘(b) A member described in this subsection is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who is a member of— ‘‘(1) the selected reserve who is entitled to compensation under section 206 of title 37; or ‘‘(2) the individual ready reserve who is entitled to com- pensation under section 206 of title 37 when attending or participating in a sufficient number of periods of inactive-duty training during a year to count the year as a qualifying year of creditable service toward eligibility for retired pay.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 710 the following new item: ‘‘711. Parental leave for members of the reserve component of the armed forces.’’. (b) COMPENSATION.—Section 206(a) of title 37, United States Code, is amended by amending paragraph (4) to read as follows: 10 USC prec. 701. Requirement. Determination. Regulations. Time period. 10 USC 711. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00154 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 289 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be required to perform but does not perform because such member was authorized to take parental leave pursuant to section 711 of title 10.’’. (c) CONTRIBUTION OF LEAVE TOWARD ENTITLEMENT TO RETIRED PAY.—Section 12732(a)(2)(G) of title 10, United States Code, is amended by striking ‘‘12 per period’’ and all that follows through the end of the sentence and inserting the following: ‘‘1 per inactive- duty training period, under section 206 of title 37, during which the member is on parental leave under section 711 of this title.’’. (d) CREDIT FOR RETIRED PAY PURPOSES.—Section 602(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 12732 note) is amended— (1) in paragraph (1), by striking ‘‘maternity leave’’ and all that follows through ‘‘birth of a child’’ and inserting ‘‘parental leave described in section 12732(a)(2)(G) of title 10, United States Code, taken by a member of the reserve compo- nents of the Armed Forces’’; (2) in paragraph (2), by striking ‘‘maternity leave’’ and all that follows through ‘‘childbirth event’’ and inserting ‘‘parental leave taken by the member’’; and (3) in paragraph (3), by striking ‘‘maternity leave’’ each place it appears and inserting ‘‘parental leave’’. (e) EFFECTIVE DATE.—This section and the amendments made by this section shall take effect on October 1, 2024, and apply with respect to periods of parental leave that commence on or after such date. SEC. 602. PAY OF MEMBERS OF RESERVE COMPONENTS FOR INACTIVE- DUTY TRAINING TO OBTAIN OR MAINTAIN AN AERO- NAUTICAL RATING OR DESIGNATION. (a) IN GENERAL.—Chapter 3 of title 37, United States Code, is amended by inserting after section 206 the following new section: ‘‘§ 206a. Pay of members of reserve components for inactive- duty training to obtain or maintain an aeronautical rating or designation ‘‘Under regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month suffi- cient for the member to obtain or maintain an aeronautical rating or designation.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 3 of such title is amended by inserting after the item relating to section 206 the following new item: ‘‘206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation.’’. SEC. 603. EXPANSION OF AUTHORITY TO PAY A MEMBER OF THE ARMED FORCES WHO IS ABSENT WITHOUT LEAVE OR OVER LEAVE FOR SUCH ABSENCE. Section 503(a) of title 37, United States Code, is amended— 37 USC prec. 201. 37 USC 206a. 10 USC 711 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00155 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 290 PUBLIC LAW 118–31—DEC. 22, 2023 (1) by striking ‘‘A member’’ and inserting ‘‘(1) Subject to paragraph (2), a member’’; and (2) by adding at the end the following new paragraph (2): ‘‘(2)(A) In the case of a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard when it is operating as service in the Department of the Navy, the Secretary of Defense may determine to pay the pay and allowances described in para- graph (1). ‘‘(B) The Secretary may not delegate the authority to make a determination under subparagraph (A). ‘‘(C) Not later than 30 days after determining to pay any pay or allowance under subparagraph (A), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding such determination.’’. Subtitle B—Bonus and Incentive Pays SEC. 611. EXPANSION OF CONTINUATION PAY ELIGIBILITY. (a) CONTINUATION PAY: FULL TSP MEMBERS WITH 8 TO 12 YEARS OF SERVICE.—Section 356 of title 37, United States Code, is amended— (1) in the section heading, by striking ‘‘ 8 ’’ and inserting ‘‘ 7 ’’; and (2) in subsections (a)(1) and (d), by striking ‘‘8’’ and inserting ‘‘7’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 5 of such title is amended by striking the item relating to section 356 and inserting the following new item: ‘‘356. Continuation pay: full TSP members with 7 to 12 years of service.’’. SEC. 612. MODIFICATION OF SPECIAL AND INCENTIVE PAY AUTHORI- TIES FOR MEMBERS OF RESERVE COMPONENTS. (a) IN GENERAL.—Section 357 of title 37, United States Code, is amended— (1) by striking ‘‘incentive pay’’ and inserting ‘‘special or incentive pay’’; (2) by striking the period at the end and inserting ‘‘if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of— ’’; and (3) by adding at the end the following: ‘‘(1) maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or ‘‘(2) compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed.’’. (b) CONFORMING AND CLERICAL AMENDMENTS.— (1) CONFORMING AMENDMENT.—The section heading for sec- tion 357 of title 37, United States Code, is amended by striking ‘‘ Incentive ’’ and inserting ‘‘ Special and incentive ’’. 37 USC prec. 301. Reports. Determination. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00156 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 291 PUBLIC LAW 118–31—DEC. 22, 2023 (2) CLERICAL AMENDMENT.—The table of sections for chapter 5 of such title is amended by striking the item relating to section 357 and inserting the following new item: ‘‘357. Special and incentive pay authorities for members of the reserve components of the armed forces.’’. (c) MODIFICATION OF IMPLEMENTATION DETERMINATION.—Sec- tion 602(d) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 37 U.S.C. 357 note) is amended— (1) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and (B), respectively, and by moving such subpara- graphs, as so redesignated, two ems to the right; (2) by striking ‘‘The Secretary may’’ and inserting the fol- lowing: ‘‘(1) IN GENERAL.—The Secretary shall’’; (3) in subparagraph (A), as redesignated by paragraph (1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and (4) by adding at the end the following new paragraph: ‘‘(2) EVALUATION OF TYPES OF SPECIAL AND INCENTIVE PAY.—In making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay.’’. SEC. 613. 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, 2023’’ and inserting ‘‘December 31, 2024’’. (b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFES- SIONALS.—The following sections of title 10, United States Code, are amended by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’: (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—Section 333(i) of title 37, United States Code, is amended by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’. (d) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—The following sec- tions of title 37, United States Code, are amended by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’: (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. Evaluation. 37 USC prec. 301. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00157 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 292 PUBLIC LAW 118–31—DEC. 22, 2023 (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or pro- ficiency bonus. (9) Section 355(h), relating to retention incentives for mem- bers qualified in critical military skills or assigned to high priority units. (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section 403(b) of title 37, United States Code, is amended— (1) 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, 2023’’ and inserting ‘‘December 31, 2024’’; and (2) by striking subparagraph (C) of paragraph (8), relating to an area where actual housing costs differ from current rates by more than 20 percent, and inserting the following: ‘‘(C) This paragraph shall cease to be effective on December 31, 2024.’’. SEC. 614. AUTHORIZATION OF MONTHLY BONUS PAY FOR A JUNIOR MEMBER OF THE UNIFORMED SERVICES DURING CAL- ENDAR YEAR 2024. (a) AUTHORIZATION.—Beginning on January 1, 2024, if the Sec- retary concerned determines that prevailing economic conditions may adversely affect an eligible member, the Secretary concerned may pay a monthly bonus to each eligible member. (b) AMOUNT OF PAY.—Each bonus payment under this section shall be in an amount equal to a percentage, determined by the Secretary concerned, of the rate— (1) in effect on December 31, 2023; and (2) of, for an eligible member— (A) pay under section 204 of title 37, United States Code; or (B) compensation under section 206 of title 37, United States Code. (c) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Bonus pay paid to an eligible member under this section is in addition to any other pay and allowances to which the eligible member is entitled. (d) TERMINATION.—No bonus may be paid under this section after December 31, 2024. (e) ELIGIBLE MEMBER DEFINED.—In this section, the term ‘‘eligible member’’ means a member of the uniformed services who— (1) is entitled to pay or compensation described in sub- section (b)(2); and (2) is in a grade below E-6. SEC. 615. DETERMINATION OF COLD WEATHER LOCATION FOR PUR- POSES OF SPECIAL DUTY PAY. For purposes of special duty pay under section 352 of title 37, United States Code, the Secretary concerned shall determine that a duty station is a cold weather location if, at such duty station, the temperature is expected to drop below -20 ° F according 37 USC 352 note. Effective date. Determination. Effective date. Determination. 37 USC 301 note. Expiration date. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00158 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 293 PUBLIC LAW 118–31—DEC. 22, 2023 to the 2012 Plant Hardiness Zone Map published by the Agricultural Research Service of the Department of Agriculture. SEC. 616. FEASIBILITY STUDY REGARDING ASSIGNMENT INCENTIVE PAY FOR MEMBERS OF THE AIR FORCE ASSIGNED TO REMOTELY PILOTED AIRCRAFT. Not later than 180 days after the date of enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the feasibility and advisability of paying assignment incentive pay under section 307a of title 37, United States Code, to members of the Air Force assigned to remotely piloted aircraft, including at Creech Air Force Base. The study shall include— (1) an assessment of the financial stress experienced by such members, especially junior members with families, associ- ated with— (A) the daily commute to and from the duty station; (B) the unique demands of the mission to remotely pilot aircraft; and (C) limited access to essential services, including child care, housing, and readily accessible health care; and (2) the overall cost to the United States, and financial relief provided by, such assignment incentive pay authorized by the Secretary of the Air Force in 2008 for such members. Subtitle C—Allowances SEC. 621. MODIFICATION OF CALCULATION OF GROSS HOUSEHOLD INCOME FOR BASIC NEEDS ALLOWANCE TO ADDRESS AREAS OF DEMONSTRATED NEED. (a) IN GENERAL.—Section 402b(k)(1)(B) of title 37, United States Code, is amended by inserting ‘‘or that otherwise has a dem- onstrated need’’ after ‘‘high cost of living’’. (b) IMPLEMENTATION GUIDANCE.—The Secretary of Defense shall revise the guidance issued with respect to implementation of the basic needs allowance under section 402b of title 37, United States Code, to reflect the amendment made by subsection (a). SEC. 622. IMPROVED CALCULATION OF BASIC ALLOWANCE FOR HOUSING FOR JUNIOR ENLISTED MEMBERS. Section 403 of title 37, United States Code, is amended, in subsection (b)(5), by striking ‘‘and shall be based’’ and all that follows and inserting a period. SEC. 623. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS ASSIGNED TO VESSELS UNDERGOING MAINTENANCE. Section 403(f)(2) of title 37, United States Code, is amended— (1) in subparagraph (A), by striking ‘‘subparagraphs (B) and (C)’’ and inserting ‘‘subparagraphs (B), (C), and (D)’’; and (2) by adding at the end the following new subparagraph: ‘‘(D)(i) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in a pay grade below E–6 and has orders to a naval vessel during a shipyard availability or maintenance period. ‘‘(ii) In prescribing regulations under clause (i), the Secretary concerned shall consider the availability of quarters for members Regulations. Revision. 37 USC 402b note. Costs. Assessment. Reports. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00159 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 294 PUBLIC LAW 118–31—DEC. 22, 2023 serving in pay grades below E–6 before authorizing the payment of a basic allowance for housing for such members.’’. SEC. 624. DUAL BASIC ALLOWANCE FOR HOUSING FOR TRAINING. Section 403 of title 37, United States Code, as amended by sections 622 and 623, is further amended, in subsection (g)(3), by striking ‘‘Paragraphs’’ and inserting ‘‘Except in the case of a member of a reserve component without dependents who is called or ordered to active duty to attend training for at least 140 days but fewer than 365 days, paragraphs’’. SEC. 625. COST-OF-LIVING ALLOWANCE IN THE CONTINENTAL UNITED STATES: HIGH COST AREAS. Section 403b(c) of title 37, United States Code, is amended— (1) in the second sentence, by striking ‘‘8 percent’’ and inserting ‘‘5 percent’’; and (2) in the third sentence, by striking ‘‘shall prescribe’’ and inserting ‘‘may prescribe’’. SEC. 626. FAMILY SEPARATION ALLOWANCE: INCREASE; REVIEW. (a) INCREASE.—Section 427(a) of title 37, United States Code, is amended, in paragraph (1), by striking ‘‘equal to $250’’ and inserting ‘‘of not less than $250, and not more than $400,’’. (b) REVIEW.—In each quadrennial review of military compensa- tion conducted after the date of the enactment of this Act and under section 1008(b) of such title, the President shall include— (1) a review of the family separation allowance under sec- tion 427 of such title (or successor allowance); and (2) the recommendation of the President regarding whether to increase the amount of such allowance to better compensate a member of the uniformed services for separation from family during service described in such paragraph. SEC. 627. OCONUS COST-OF-LIVING ALLOWANCE: ADJUSTMENTS. Section 617 of the James M. Inhofe National Defense Authoriza- tion Act for Fiscal Year 2023 (Public Law 117–263) is amended by striking subsections (a), (b), and (c) and inserting the following: ‘‘(a) REDUCTIONS.—The Secretary of Defense may reduce an OCONUS COLA in accordance with this subsection. ‘‘(1) FREQUENCY.—The Secretary may not announce a reduction to an OCONUS COLA for a location outside the continental United States more than twice per calendar year. ‘‘(2) MAXIMUM REDUCTION.—A reduction to an OCONUS COLA may not exceed the lesser of— ‘‘(A) 10 OCONUS COLA index points; or ‘‘(B) the number of OCONUS COLA index points by which the cost of living of the permanent duty station of the covered member exceeds the average cost of living index in the continental United States. ‘‘(3) LIMITATIONS.—Paragraphs (1) and (2) shall not apply to a reduction on the basis of— ‘‘(A) a change in the rate of exchange of foreign cur- rencies; or ‘‘(B) a permanent change of station for a covered member. ‘‘(4) IMPLEMENTATION.—The Secretary may phase in a reduction under this subsection. 37 USC 403b note. Recommenda- tions. President. 37 USC 1008 note. Time period. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00160 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 295 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(b) INCREASES.—The Secretary may increase an OCONUS COLA at any time. ‘‘(c) REPORTING.—Not later than February 1 of each year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding reduc- tions and increases to OCONUS COLAs during the previous cal- endar year. Such report shall include the following elements: ‘‘(1) The areas outside the continental United States subject to such a reduction or increase. ‘‘(2) The previous and new amounts of an adjusted OCONUS COLA for a member with three dependents, 10 years of service, and in grade— ‘‘(A) E-6; and ‘‘(B) O-4. ‘‘(3) The number of OCONUS COLA index points by which a new OCONUS COLA index differs from such previous index. ‘‘(4) The number of members of the uniformed services affected by each such reduction or increase. ‘‘(5) The assessment of the Secretary of the calculation of an OCONUS COLA. In making such assessment, the Sec- retary shall consider factors including— ‘‘(A) Costs of local transportation in the area sur- rounding the duty station of a member. ‘‘(B) Costs of travel from such duty station to the United States. ‘‘(C) Other costs the Secretary determines appropriate. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘continental United States’ has the meaning given such term in section 101 of title 37, United States Code. ‘‘(2) The term ‘covered member’ means a member of the uniformed services— ‘‘(A) who is assigned to a permanent duty station located outside the continental United States; or ‘‘(B) whose dependents reside outside the continental United States but not withing the vicinity to permanent duty station of such member. ‘‘(3) The term ‘OCONUS COLA’ means a cost-of-living allowance paid to a member of the uniformed services on the basis that such member is a covered member. ‘‘(4) The term ‘OCONUS COLA index’ means the index computed by the Secretary of the weighted average prices of goods and services (excluding housing costs) in a location out- side the continental United States, relative to the weighted average of prices of the same goods and services in the conti- nental United States. ‘‘(5) The term ‘OCONUS COLA index point’ means 1 per- cent of the OCONUS COLA index for the weighted average prices of goods and services (excluding housing costs) in a location in the continental United States.’’. SEC. 628. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFI- CERS WHO TRANSFER TO THE SPACE FORCE. Section 606(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283; 37 U.S.C. 416 note) is amended by striking ‘‘September 30, 2023’’ and inserting ‘‘September 30, 2025’’. Costs. Assessment. Time period. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00161 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 296 PUBLIC LAW 118–31—DEC. 22, 2023 Subtitle D—Family and Survivor Benefits SEC. 631. MODIFICATIONS TO TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT ABUSE. (a) COVERED PUNITIVE ACTIONS.—Subsection (b) of section 1059 of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking ‘‘; or’’ and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following new paragraph: ‘‘(3) who is— ‘‘(A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and ‘‘(B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, volun- tarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense.’’. (b) COMMENCEMENT OF PAYMENT.—Subsection (e)(1) of such section is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by inserting after ‘‘offense’’ the following: ‘‘or an offense described in subsection (b)(3)(B)’’; and (B) in clause (ii), by striking ‘‘; and’’ and inserting a semicolon; and (2) in subparagraph (B), by striking ‘‘(if the basis’’ and all that follows through ‘‘offense)’’. (c) DEFINITION OF DEPENDENT CHILD.—Subsection (l) of such section is amended, in the matter preceding paragraph (1)— (1) by striking ‘‘resulting in the separation of the former member or’’ and inserting ‘‘referred to in subsection (b) or’’; and (2) by striking ‘‘resulting in the separation of the former member and’’ and inserting ‘‘and’’. (d) DELEGATION OF DETERMINATIONS RELATING TO EXCEPTIONAL ELIGIBILITY.—Subsection (m)(4) of such section is amended to read as follows: ‘‘(4) The Secretary concerned may delegate the authority under paragraph (1) to authorize eligibility for benefits under this section for dependents and former dependents of a member or former member to the first general or flag officer (or civilian equivalent) in the chain of command of the member.’’. SEC. 632. LODGING EXPENSES FOR DEPENDENTS OF MEMBERS SEPA- RATED FOR DEPENDENT ABUSE. Section 1059 of title 10, United States Code, as amended by section 631, is further amended— (1) in the heading, by adding ‘‘ ; lodging expenses ’’ at the end; (2) by redesignating subsections (k), (l), and (m) as sub- sections (m), (n), and (l), respectively; (3) by striking ‘‘subsection (k)’’ each place it appears and inserting ‘‘subsection (m)’’; and 10 USC prec. 1030. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00162 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 297 PUBLIC LAW 118–31—DEC. 22, 2023 (4) by inserting, after subsection (j), the following new subsection (k): ‘‘(k) LODGING EXPENSES.—A dependent or former dependent entitled to payment of monthly transitional compensation under this section shall, while receiving payments in accordance with this section, be entitled to lodging expenses for a period not longer than 30 days.’’. SEC. 633. ACCESS TO COMMISSARY AND EXCHANGE PRIVILEGES FOR REMARRIED SURVIVING SPOUSES. (a) IN GENERAL.—Section 1062 of title 10, United States Code, is amended— (1) by striking ‘‘The Secretary of Defense’’ and inserting the following: ‘‘(a) CERTAIN UNREMARRIED FORMER SPOUSES.—The Secretary of Defense’’; (2) by striking ‘‘commissary and exchange privileges’’ and inserting ‘‘use commissary stores and MWR retail facilities’’; (3) by adding at the end the following new subsection: ‘‘(b) CERTAIN REMARRIED SURVIVING SPOUSES.—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facili- ties to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services.’’; and (4) by adding at the end the following new subsection: ‘‘(c) MWR RETAIL FACILITIES DEFINED.—In this section, the term ‘MWR retail facilities’ has the meaning given that term in section 1063 of this title.’’. (b) REGULATIONS.—The Secretary of Defense shall prescribe regulations under section 1062(b) of title 10, United States Code, as added by subsection (a)(3), not later than October 1, 2025. (c) CLERICAL AMENDMENT.—The heading of such section is amended by adding ‘‘ and surviving spouses ’’ at the end. SEC. 634. ASSISTANCE FOR MILITARY SPOUSES TO OBTAIN CERTIFI- CATIONS AS DOULAS AND INTERNATIONAL BOARD CER- TIFIED LACTATION CONSULTANTS. Section 1784a of title 10, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new sub- section (d): ‘‘(d) DOULA AND IBCLC CERTIFICATIONS.—In carrying out the programs authorized by subsection (a), the Secretary shall provide assistance to the spouse of a member of the armed forces described in subsection (b) with obtaining certification— ‘‘(1) as a doula or International Board Certified Lactation Consultant; and ‘‘(2) provided by an organization that receives reimburse- ment under the extramedical maternal health providers dem- onstration project required by section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1073 note).’’. 10 USC prec. 1061. Deadline. 10 USC 1062 note. Regulations. Time period. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00163 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 298 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 635. EXPANSION OF QUALIFYING EVENTS FOR WHICH A MEMBER OF THE UNIFORMED SERVICES MAY BE REIMBURSED FOR SPOUSAL RELICENSING OR BUSINESS COSTS DUE TO THE MEMBER’S RELOCATION. Section 453(g) of title 37, United States Code, is amended— (1) by striking the subsection heading and inserting ‘‘REIMBURSEMENT OF QUALIFYING SPOUSE RELICENSING COSTS AND BUSINESS COSTS’’; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking ‘‘or qualified business costs’’ and inserting ‘‘and qualified business costs’’; (B) by amending subparagraph (A) to read as follows: ‘‘(A) the member relocates to a new jurisdiction or geographic area as the result of— ‘‘(i) an assignment to a duty station; ‘‘(ii) a reassignment, either as a result of a permanent change of station or permanent change of assignment, between duty stations; ‘‘(iii) a transfer from a regular component of a uni- formed service into the Selected Reserve of the Ready Reserve of a uniformed service, if the member is authorized a final move from the last duty station to the new jurisdic- tion or geographic area; or ‘‘(iv) placement on the temporary disability retired list under chapter 61 of title 10; and’’; and (C) in subparagraph (B), by striking ‘‘reassignment’’ and inserting ‘‘relocation’’; (3) in paragraph (2), by striking ‘‘reassignment’’ both places it appears and inserting ‘‘relocation’’; (4) in paragraph (4)— (A) in subparagraph (A), by striking ‘‘movement described in’’ and all that follows through the semicolon and inserting ‘‘the member’s relocation described in para- graph (1);’’; and (B) in subparagraph (B), by striking ‘‘reassignment’’ and inserting ‘‘relocation’’; and (5) in paragraph (5)— (A) in subparagraph (A), by striking ‘‘movement described in’’ and all that follows through the semicolon and inserting ‘‘the member’s relocation described in para- graph (1);’’; and (B) in subparagraph (B), by striking ‘‘reassignment’’ and inserting ‘‘relocation’’. TITLE VII—HEALTH CARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Waiver of cost-sharing for three mental health outpatient visits for cer- tain beneficiaries under the TRICARE program. Sec. 702. Extension of period of eligibility for health benefits under TRICARE Re- serve Select for survivors of a member of the Selected Reserve. Sec. 703. Expansion of eligibility for hearing aids to include children of certain re- tired members of the uniformed services. Sec. 704. Authority to provide dental care for dependents located at certain remote or isolated locations. Sec. 705. Clarification of applicability of required mental health self-initiated refer- ral process for members of the Selected Reserve. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00164 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 299 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 706. Naloxone and fentanyl: regulations; briefing. Sec. 707. Authority to expand the TRICARE Competitive Plans Demonstration Project. Subtitle B—Health Care Administration Sec. 711. Modification of requirement to transfer research and development and public health functions to the Defense Health Agency. Sec. 712. Increase in stipend for participants in health professions scholarship and financial assistance programs. Sec. 713. Modification of administration of medical malpractice claims by members of the uniformed services. Sec. 714. Networks of the Defense Health Agency: delayed implementation; GAO study. Sec. 715. Real-time data sharing agreement regarding medical care provided to members of the Coast Guard. Sec. 716. Establishment of military pharmaceutical and medical device vulner- ability working group. Subtitle C—Studies, Briefings, Reports, and Other Matters Sec. 721. Modification of partnership program for military trauma care and re- search. Sec. 722. Study on opioid alternatives. Sec. 723. Program of the Department of Defense to study treatment of certain con- ditions using certain psychedelic substances. Sec. 724. Annual report regarding overdoses by certain members of the Armed Forces. Sec. 725. Study and report on health conditions of members of the Armed Forces on active duty developed after administration of COVID–19 vaccine. Sec. 726. GAO study on health care available to certain individuals supporting the missions of United States Forces Japan and Joint Region Marianas. Subtitle A—TRICARE and Other Health Care Benefits SEC. 701. WAIVER OF COST-SHARING FOR THREE MENTAL HEALTH OUTPATIENT VISITS FOR CERTAIN BENEFICIARIES UNDER THE TRICARE PROGRAM. (a) TRICARE SELECT.—Section 1075(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(4)(A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of any of the following beneficiaries: ‘‘(i) Beneficiaries in the active-duty family member cat- egory. ‘‘(ii) Beneficiaries covered by section 1110b of this title. ‘‘(B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.’’. (b) TRICARE PRIME.—Section 1075a(a) of such title is amended by adding at the end the following new paragraph: ‘‘(4)(A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of a bene- ficiary in the active-duty family member category (as described in section 1075(b)(1)(A) of this title). ‘‘(B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024.’’. Termination dates. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00165 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 300 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 702. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH BENE- FITS UNDER TRICARE RESERVE SELECT FOR SURVIVORS OF A MEMBER OF THE SELECTED RESERVE. (a) IN GENERAL.— Section 1076d(c) of title 10, United States Code, is amended by striking ‘‘six months’’ and inserting ‘‘three years’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on October 1, 2025. SEC. 703. EXPANSION OF ELIGIBILITY FOR HEARING AIDS TO INCLUDE CHILDREN OF CERTAIN RETIRED MEMBERS OF THE UNI- FORMED SERVICES. Paragraph (16) of section 1077(a) of title 10, United States Code, is amended to read as follows: ‘‘(16) Except as provided by subsection (g), a hearing aid, but only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Defense in consultation with the administering Secretaries, and only for the following dependents: ‘‘(A) A dependent of a member of the uniformed services on active duty. ‘‘(B) A dependent under subparagraph (D) or (I) of section 1072(2) of this title of a former member of the uniformed services who— ‘‘(i) is entitled to retired or retainer pay, or equiva- lent pay; and ‘‘(ii) is enrolled in family coverage under TRICARE Prime.’’. SEC. 704. AUTHORITY TO PROVIDE DENTAL CARE FOR DEPENDENTS LOCATED AT CERTAIN REMOTE OR ISOLATED LOCATIONS. Section 1077(c) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and (2) by adding at the end the following new paragraph: ‘‘(3)(A) Dependents who reside within a specified geographic area and are covered by a dental plan established under section 1076a may receive dental care in a dental treatment facility of the uniformed services on a space available basis if the Secretary of Defense determines that— ‘‘(i) civilian dental care within the specified geographic area is inadequate or is not sufficiently available; and ‘‘(ii) adequate resources exist to provide space available dental care to the dependents at the facility. ‘‘(B) Care under subparagraph (A) shall be provided on a reimbursable basis.’’. SEC. 705. CLARIFICATION OF APPLICABILITY OF REQUIRED MENTAL HEALTH SELF-INITIATED REFERRAL PROCESS FOR MEM- BERS OF THE SELECTED RESERVE. Section 1090b(e) of title 10, United States Code, is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘described in paragraph (3)’’ after ‘‘member of the armed forces’’; and (2) by adding at the end the following new paragraph: ‘‘(3) A member of the armed forces described in this para- graph is— Determination. Determination. 10 USC 1076d note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00166 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 301 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(A) a member on active duty for a period of longer than 30 days; or ‘‘(B) a member of the Selected Reserve in a duty status.’’. SEC. 706. NALOXONE AND FENTANYL: REGULATIONS; BRIEFING. (a) REGULATIONS.—Not later than January 1, 2025, the Sec- retary of Defense, in coordination with the Secretaries of the mili- tary departments shall prescribe regulations regarding naloxone and fentanyl on military installations. Such regulations shall— (1) ensure that naloxone is available for members of the Armed Forces— (A) on all military installations; and (B) in each operational environment; and (2) establish a standardized tracking system— (A) for naloxone distributed under paragraph (1); and (B) of the illegal use of fentanyl and other controlled substances in the military departments. (b) BRIEFING.—Not later than June 1, 2025, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a briefing regarding naloxone and fentanyl. Such briefing shall include the following elements: (1) Progress in the implementation of regulations pre- scribed under subsection (a). (2) The prevalence and incidence of the illegal use of fentanyl and other controlled substances in the military depart- ments during the five years preceding the briefing. (3) Processes of the military departments to mitigate sub- stance abuse, particularly with regards to fentanyl. (c) NALOXONE DEFINED.—In this section, the term ‘‘naloxone’’ means naloxone and any other medication used to reverse opioid overdose. SEC. 707. AUTHORITY TO EXPAND THE TRICARE COMPETITIVE PLANS DEMONSTRATION PROJECT. (a) AUTHORITY.—To the extent practicable, the Secretary of Defense shall seek to expand the TRICARE Competitive Plans Demonstration Project to not fewer than five locations not later than one year after the date of the enactment of this Act. (b) TRICARE COMPETITIVE PLANS DEMONSTRATION PROJECT DEFINED.—In this section, the term ‘‘TRICARE Competitive Plans Demonstration Project’’ means the project designed to test the con- tract acquisition strategy of providing an opportunity for local, regional, and national health plans to participate in the competition for managed care support functions under the TRICARE program, in accordance with section 705(c)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1073a note). Subtitle B—Health Care Administration SEC. 711. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH AND DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO THE DEFENSE HEALTH AGENCY. (a) IN GENERAL.—Section 1073c of title 10, United States Code, is amended— Deadline. 10 USC 1073a note. Time period. Deadline. 10 USC 1090 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00167 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 302 PUBLIC LAW 118–31—DEC. 22, 2023 (1) in subsection (e), in the matter preceding paragraph (1), by striking ‘‘Not later than September 30, 2022,’’ and inserting ‘‘Not later than September 30, 2024, and subject to subsection (f),’’; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting, after subsection (e), the following new subsection (f): ‘‘(f) EXCEPTION TO ESTABLISHMENT OF ADDITIONAL DHA ORGANIZATIONS.—At the discretion of the Secretary of Defense, a military department may retain a function that would otherwise be transferred to the Defense Health Agency under subsection (e) if the Secretary of Defense determines the function— ‘‘(1) addresses a need that is unique to the military depart- ment; and ‘‘(2) is in direct support of operating forces and necessary to execute strategies relating to national security and defense.’’. (b) BRIEFING UPDATE.—Not later than September 30, 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate an update to the briefing under section 720(b) of the James F. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117- 263; 10 U.S.C. 1073c note), including— (1) a description of each function that the Secretary has determined to retain in a military department pursuant to subsection (f) of section 1073c of title 10, United States Code, as amended by subsection (a); and (2) the rationale for each such determination. SEC. 712. INCREASE IN STIPEND FOR PARTICIPANTS IN HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAMS. Section 2121(d) of title 10, United States Code, is amended, in the matter preceding paragraph (1), by striking ‘‘$30,000’’ and inserting ‘‘$50,000’’. SEC. 713. MODIFICATION OF ADMINISTRATION OF MEDICAL MAL- PRACTICE CLAIMS BY MEMBERS OF THE UNIFORMED SERVICES. Section 2733a of title 10, United States Code, is amended— (1) in subsection (a), by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’; (2) in subsection (b)(6), by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’; (3) in subsection (d)(1), by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’; (4) by redesignating subsections (f) through (i) as sub- sections (g) through (j), respectively; and (5) by inserting after subsection (e) the following new sub- section (f): ‘‘(f) JUSTIFICATION OF DENIAL.—If a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including— ‘‘(1) copies of any written reports prepared by any expert upon which the denial is based; and Records. Reports. Deadline. Determinations. Determination. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00168 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 303 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(2) all records and documents relied upon in preparing such written reports, other than medical quality assurance records (as such term is defined in section 1102 of this title).’’. SEC. 714. NETWORKS OF THE DEFENSE HEALTH AGENCY: DELAYED IMPLEMENTATION; GAO STUDY. (a) TEMPORARY PROHIBITION.—The Secretary of Defense may not advance beyond phase one of the organizational advancement plan to establish nine networks of the Defense Health Agency for the management of military medical treatment facilities, announced on October 1, 2023, until the Comptroller General of the United States submits the report under subsection (b). (b) GAO STUDY ON DEFENSE HEALTH AGENCY MANAGEMENT OF MILITARY MEDICAL TREATMENT FACILITIES.— (1) STUDY REQUIRED.—The Comptroller General of the United States shall conduct a study of the plan described in subsection (a). (2) ELEMENTS.—The study under paragraph (1) shall include the following elements: (A) An assessment of the structure of such networks, including— (i) the analytical basis for the size and number of networks established; (ii) an analysis of personnel requirements for the network model; (iii) a review of how input from internal and external stakeholders was incorporated; and (iv) the plans for achieving consolidation of busi- ness functions across military medical treatment facili- ties within the new networks; (B) an assessment of how the Director of the Defense Health Agency considered lessons learned from previous market offices, including the allocation of personnel and budgetary resource sharing; and (C) a comparison of the new network model to previous organizational structures of the Defense Health Agency, including market structures and component models. (3) BRIEFING; REPORT.—Not later than May 1, 2024, the Comptroller General shall brief the Committees on Armed Serv- ices of the Senate and the House of Representatives on the preliminary findings of the study, with a report to follow at such time and in such format as is mutually agreed upon by the committees and the Comptroller General. (c) TECHNICAL CORRECTIONS.— (1) DEFENSE HEALTH AGENCY REGIONS IN CONUS.—Sub- section (c) of section 712 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 1073c note) is amended— (A) in paragraph (1), in the paragraph heading, by striking ‘‘HEALTHAGENCY’’ and inserting ‘‘HEALTH AGENCY’’; and (B) in paragraph (2)(A), by striking ‘‘military’’. (2) DEFENSE HEALTH AGENCY REGIONS OCONUS.—Subsection (d)(3) of such section is amended by striking ‘‘defense health regions’’ and inserting ‘‘Defense Health Agency regions’’. Plans. Review. Analysis. Assessments. Reports. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00169 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 304 PUBLIC LAW 118–31—DEC. 22, 2023 (3) PLANNING AND COORDINATION.—Subsection (e)(1)(A) of such section is amended by striking ‘‘defense health region’’ and inserting ‘‘Defense Health Agency region’’. SEC. 715. REAL-TIME DATA SHARING AGREEMENT REGARDING MED- ICAL CARE PROVIDED TO MEMBERS OF THE COAST GUARD. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall consult and enter into an agreement with the Secretary of Homeland Security with respect to policies, mechanisms, and processes that the Secretaries con- cerned shall establish to allow ongoing use by the Coast Guard for access to data, records, and information regarding access by members of the Coast Guard and beneficiaries of such members to military medical facilities or care provided through the TRICARE program that will enhance the ability to monitor, assess, and opti- mize healthcare services. SEC. 716. ESTABLISHMENT OF MILITARY PHARMACEUTICAL AND MED- ICAL DEVICE VULNERABILITY WORKING GROUP. (a) ESTABLISHMENT.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordina- tion with the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Personnel and Readiness, and the Under Secretary of Defense for Acquisition and Sustainment, shall estab- lish a military pharmaceutical and medical device vulnerability working group. (b) MEMBERSHIP.—Each member of the working group shall be a member of the Armed Forces or a civilian employee of the Department of Defense. (c) COCHAIRS.—The Secretary shall appoint a chair of the working group. The working group shall elect a cochair from among its members. (d) DUTIES.—The duties of the working group shall include the following: (1) To provide a forum for members of the working group to discuss issues involving access, threats, and vulnerabilities to pharmaceuticals, therapeutics and medical devices in oper- ational environments of the Department. (2) To identify current vulnerabilities, including supply chain issues, active pharmaceutical ingredient supplies, device component issues and cyber and electronic threats that may disrupt operations of the Department. (3) To identify locations where the Secretary can support manufacturing capabilities needed to improve the timely increase of domestic production. (4) To review policies of the Department to identify pharma- ceutical manufacturing and supply guidance related to— (A) diversification of the supply chain; (B) transparency from pharmaceutical suppliers and manufacturers; (C) prerequisites for a vendor to sell to the Department during a shortage; (D) timely communication regarding a potential short- age or other supply chain disruption; and (E) the application of rules and processes of the Food and Drug Administration to the Department. Appointment. Deadline. Deadline. Consultation. 10 USC 1073 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00170 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 305 PUBLIC LAW 118–31—DEC. 22, 2023 (5) To include any information in the joint medical estimate of the Department or a similar report that highlights informa- tion that would be classified as sensitive or requiring a security classification above unclassified. (6) To develop a plan for the allocation of scarce pharma- ceutical resources within the Department during a supply chain disruption and potential conflicts with competitors highlighted in the national defense strategy. (7) To develop a plan for stockpiling essential medications to ensure availability of a 180-day supply during an armed conflict or other supply chain disruption. (8) To develop a plan that mitigates vulnerabilities to active pharmaceutical ingredient supply chains and reduces depend- ence on active pharmaceutical ingredients from foreign sources. (e) BRIEFINGS.— (1) INITIAL BRIEFING.—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 Senate and House of Representatives an interim briefing on the organization, activities, plans, actions and milestones of the working group. (2) ANNUAL BRIEFING.—Not later than September 30 of each year, beginning in 2025 and ending in 2028, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a briefing describing the activi- ties, funding, plans, actions, and milestones of the working group, and other matters determined by the Secretary, during the preceding year. (f) TERMINATION.—The working group shall terminate on Sep- tember 30, 2028. Subtitle C—Studies, Briefings, Reports, and Other Matters SEC. 721. MODIFICATION OF PARTNERSHIP PROGRAM FOR MILITARY TRAUMA CARE AND RESEARCH. Section 736 of the James M. Inhofe National Defense Authoriza- tion Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 1071 note) is amended— (1) by redesignating paragraphs (7) through (9) as para- graphs (8) through (10), respectively; and (2) by inserting after paragraph (6) the following new para- graph (7): ‘‘(7) The provision of training and support to Ukraine for the treatment of individuals with extremity trauma, amputa- tions, post-traumatic stress disorder, traumatic brain injuries, and any other mental health conditions associated with post- traumatic stress disorder or traumatic brain injuries, including— ‘‘(A) the exchange of subject matter expertise; ‘‘(B) training and support relating to advanced clinical skills development; and ‘‘(C) training and support relating to clinical case management support.’’. Ukraine. Deadlines. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00171 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 306 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 722. STUDY ON OPIOID ALTERNATIVES. (a) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a study in military treatment facilities on the efficacy of opioid alternatives for pain management. (b) REPORT.—Not later than one year 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 on the results of the study under this section. Such report shall include recommendations of the Secretary regarding the use of opioid alternatives in military treatment facilities. (c) OPIOID ALTERNATIVE DEFINED.—In this section, the term ‘‘opioid alternative’’ includes the following: (1) Cryotherapy. (2) Hyperbaric oxygen therapy. (3) Sensory deprivation. SEC. 723. PROGRAM OF THE DEPARTMENT OF DEFENSE TO STUDY TREATMENT OF CERTAIN CONDITIONS USING CERTAIN PSYCHEDELIC SUBSTANCES. (a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall establish a process to fund eligible entities to conduct research on the treat- ment of eligible members of the Armed Forces with a covered condition using covered psychedelic substances. Not later than 180 days after the date of the enactment of this Act, the Secretary shall designate a lead administrator to carry out the program under this section. (b) ELIGIBLE ENTITIES.—The Secretary may enter into a part- nership and award funding under this section to any of the fol- lowing: (1) A department or agency of the Federal Government or a State government. (2) An academic institution. (c) PARTICIPATION IN CLINICAL TRIALS.—The Secretary may authorize any member of the Armed Forces serving on active duty who is diagnosed with a covered condition to participate in a clinical trial that is conducted using funding awarded under this section and is authorized pursuant to section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), without regard to— (1) whether the clinical trial involves a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812); or (2) section 912a of title 10, United States Code (article 112a of the Uniform Code of Military Justice). (d) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act, and annually thereafter for three years, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on funding awarded under this section, including the following: (1) Identification of clinics designated to host activities under the program. (2) A description of entities to whom the Secretary has awarded such funding. (3) The number of members of the Armed Forces serving on active duty who participated in a clinical trial described Time period. Contracts. Designation. Deadlines. Processes. 10 USC 1074 note. Recommenda- tions. Deadline. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00172 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 307 PUBLIC LAW 118–31—DEC. 22, 2023 in subsection (c), the covered conditions of such members treated, and whether such members returned to full duty. (4) Information on the findings of such clinical trials. (e) DEFINITIONS.—In this section: (1) The term ‘‘covered condition’’ means any of the following: (A) Post-traumatic stress. (B) Traumatic brain injury. (2) The term ‘‘covered psychedelic substances’’ means any of the following: (A) 3,4-Methylenedioxy-methamphetamine (commonly known as ‘‘MDMA’’). (B) Psilocybin. (C) Ibogaine. (D) 5-Methoxy-N,N-dimethyltryptamine (commonly known as ‘‘5-MeO-DMT’’). (E) Qualified plant-based alternative therapies. (3) The term ‘‘Secretary’’ means the Secretary of Defense. (4) The term ‘‘State’’ has the meaning given such term in section 901 of title 32, United States Code. SEC. 724. ANNUAL REPORT REGARDING OVERDOSES BY CERTAIN MEM- BERS OF THE ARMED FORCES. (a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and House of Representatives a report on the number of annual overdoses among covered members. (2) CONTENTS.—The report required by paragraph (1) shall include the following: (A) The total number of covered members who suffered a fatal or nonfatal overdose during the previous calendar year, including— (i) demographic information, including gender, race, age, military department, military rank, pay grade, and station; (ii) the location of the fatal overdose, including whether the overdose was on a military base; and (iii) a list of the substances involved in the fatal overdose. (B) Of the covered members identified in subparagraph (A)— (i) the number of covered members who received mental health or substance use disorder services prior to a fatal or nonfatal overdose, including a description of whether such services were received from a private sector provider; (ii) the number of covered members with comorbid mental health diagnoses; (iii) the number of covered members who had been prescribed opioids, benzodiazepines, or stimulants; (iv) the number of covered members who had been categorized as high-risk and prescribed or provided naloxone prior to a fatal or nonfatal overdose; List. Time period. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00173 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 308 PUBLIC LAW 118–31—DEC. 22, 2023 (v) the number of covered members who had a positive drug test prior to the fatal overdose, including any substance identified in such test; (vi) the number of covered members referred to, including by self-referral, or engaged in medical treat- ment, including medication treatment for opioid use disorder; (vii) with respect to each covered member identi- fied in clause (vi), whether the covered member was referred after a positive drug test and the source of such referral; and (viii) the number of fatal overdoses and intentional overdoses. (C) An analysis of discernable patterns in fatal and nonfatal overdoses of covered members. (D) A description of existing or anticipated response efforts to fatal and nonfatal overdoses at military bases that have rates of fatal overdoses that exceed the average rate of fatal overdoses in the United States. (E) An assessment of the availability of substance use disorder treatment for covered members. (F) The number of medical facilities of, or affiliated with, the Department of Defense that have opioid treatment programs. (G) A description of punitive measures taken by the Secretary of Defense in response to substance misuse, sub- stance use disorder, or overdose by covered member. (3) PRIVACY.— (A) IN GENERAL.—Nothing in this subsection shall be construed to authorize the disclosure by the Secretary of Defense of personally identifiable information of covered members or military family members, including anonymized personal information that could be used to identify covered members or military family members. (B) APPLICATION OF HIPAA.—In carrying out this sub- section, the Secretary of Defense shall take steps to protect the privacy of covered members and military family mem- bers pursuant to regulations prescribed under section 264(c) of the Health Insurance Portability and Account- ability Act of 1996 (42 U.S.C. 1320d–2 note; Public Law 104–191). (b) DEFINITIONS.—In this section: (1) The term ‘‘covered member’’ means a member of the Army, Navy, Air Force, Marine Corps, or Space Force. (2) The term ‘‘military family member’’ means a family member of a covered member, including— (A) the spouse, parent, dependent, or child of a covered member; or (B) an individual who has legal responsibility for the child of a covered member. SEC. 725. STUDY AND REPORT ON HEALTH CONDITIONS OF MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY DEVELOPED AFTER ADMINISTRATION OF COVID–19 VACCINE. (a) STUDY.—The Secretary of Defense shall conduct a study to assess and evaluate any health conditions arising in members Evaluation. Assessments. Assessment. Analysis. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00174 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 309 PUBLIC LAW 118–31—DEC. 22, 2023 of the Armed Forces on active duty one year after receiving the first dose of a COVID–19 vaccine. (b) STUDY PARAMETERS.—In conducting the study under sub- section (a), the Secretary shall— (1) disaggregate data collected by— (A) vaccine type and manufacturer; (B) age group at the time such first dose was adminis- tered; (C) any health condition developed after receiving such first dose, regardless of whether the condition is attrib- utable to the receipt of such first dose; and (D) an accounting of adverse events (including hyperimmune response), including further disaggregation by history of infection; and (2) assess the prevalence of each such health condition by each age group specified in paragraph (1)(B) among the unvaccinated population for each of years 2017, 2018, and 2019. (c) REPORT.—Not later than one year after the date of the enactment of this Act and each year thereafter for the subsequent four years, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of each study conducted under subsection (a). (d) COVID–19 VACCINE DEFINED.—The term ‘‘COVID–19 vac- cine’’ means a vaccine licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) for immunization against the virus respon- sible for COVID–19. SEC. 726. GAO STUDY ON HEALTH CARE AVAILABLE TO CERTAIN INDIVIDUALS SUPPORTING THE MISSIONS OF UNITED STATES FORCES JAPAN AND JOINT REGION MARIANAS. (a) STUDY REQUIRED.—The Comptroller General of the United States shall conduct a study to determine whether health care services available to covered individuals are sufficient to support the missions and readiness of United States Forces Japan and Joint Region Marianas. (b) ELEMENTS.—The study under this section shall include the following elements: (1) The assessment of the Comptroller General of the effects of the changes to the administration and management of the military health system— (A) under Defense Health Agency Region Indo-Pacific Administrative Instruction 6025.02, signed on December 22, 2022; and (B) on health care services available to covered individ- uals through the direct care component of the TRICARE program. (2) An estimate of— (A) the number of covered individuals who in fiscal years 2020 through 2023 received health care services through the military health system on a space-available basis; and (B) the percentage of covered individuals described in subparagraph (A) who had health insurance not provided through the military health system. Time period. Estimate. Assessment. Time period. Data. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00175 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 310 PUBLIC LAW 118–31—DEC. 22, 2023 (3) A summary of any health-related screenings adminis- tered by the Federal Government to a civilian employee before such civilian employee begins an assignment in the area of responsibility of the United States Indo-Pacific Command. (4) The determination of the Comptroller General whether the Secretary of Defense has conducted or participated in an assessment of health care services— (A) provided to covered individuals through the mili- tary health system; or (B) otherwise available to covered individuals. (5) The evaluation of the Comptroller General of the most recent assessment described in paragraph (4). (6) Other information the Comptroller General determines appropriate. (c) BRIEFING; REPORT.—The Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives— (1) an interim briefing on the study not later than 180 days after the date of the enactment of this Act; and (2) a final report on the study in a format and on a date agreed to by the Comptroller General and such Committees during such briefing. (d) COVERED INDIVIDUAL DEFINED.—In this section, the term ‘‘covered individual’’ means an individual who supports the mission of United States Forces Japan or Joint Region Marianas, who is— (1) a United States citizen, national, or lawful permanent resident and— (A) a civilian employee of the Federal Government; or (B) an employee of a contractor or subcontractor under an agreement between such contractor and the Secretary of Defense; or (2) a dependent of— (A) a member of the Armed Forces; or (B) an individual described in paragraph (1). TITLE VIII—ACQUISITION POLICY, AC- QUISITION MANAGEMENT, AND RE- LATED MATTERS Subtitle A—Acquisition Policy and Management Sec. 801. Commercial nature determination memo available to contractor. Sec. 802. Modification of truthful cost or pricing data submissions and report. Sec. 803. Prohibition on the transfer of certain data on employees of the Depart- ment of Defense to third parties. Sec. 804. Prohibition on contracting with persons that have fossil fuel operations with the Government of the Russian Federation or the Russian energy sector. Sec. 805. Prohibition of the Department of Defense procurement related to entities identified as Chinese military companies operating in the United States. Sec. 806. Principal Technology Transition Advisor. Sec. 807. Senior contracting official for Strategic Capabilities Office. Sec. 808. Pilot program for the use of innovative intellectual property strategies. Sec. 809. Pilot program for anything-as-a-service. Sec. 810. Updated guidance on planning for exportability features for future pro- grams. Sec. 811. Modernizing the Department of Defense requirements process. Evaluation. Determination. Summary. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00176 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 311 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 812. Preventing conflicts of interest for entities that provide certain consulting services to the Department of Defense. Sec. 813. Focused commercial solutions openings opportunities. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 820. Amendments to multiyear procurement authority. Sec. 821. Modification of approval authority for certain follow-on production con- tracts or transactions. Sec. 822. Clarification of other transaction authority for installation or facility prototyping. Sec. 823. Extension and revisions to never contract with the enemy. Sec. 824. Modification and extension of temporary authority to modify certain con- tracts and options based on the impacts of inflation. Sec. 825. Countering adversary logistics information technologies. Sec. 826. Modification of contracts and options to provide economic price adjust- ments. Sec. 827. Modifications to earned value management system requirements. Subtitle C—Domestic Sourcing Requirements Sec. 831. Emergency acquisition authority for purposes of replenishing United States stockpiles. Sec. 832. Requirement for full domestic production of flags of the United States ac- quired by the Department of Defense. Sec. 833. Amendment to requirement to buy certain metals from American sources. Sec. 834. Acquisition of sensitive material prohibition exception amendment. Sec. 835. Enhanced domestic content requirement for major defense acquisition programs. Subtitle D—Provisions Relating to Programs for Accelerating Acquisition Sec. 841. Pilot program to accelerate contracting and pricing processes. Sec. 842. Demonstration and prototyping program to advance international product support capabilities in a contested logistics environment. Sec. 843. Special authority for rapid contracting for commanders of combatant com- mands. Subtitle E—Industrial Base Matters Sec. 851. Additional national security objectives for the national technology and in- dustrial base. Sec. 852. Department of Defense Mentor-Protege Program. Sec. 853. Modifications to the Procurement Technical Assistance Program. Sec. 854. Modification of effective date for expansion on the prohibition on acquir- ing certain metal products. Sec. 855. Extension of pilot program for distribution support and services for weap- ons systems contractors. Sec. 856. Pilot program to analyze and monitor certain supply chains. Sec. 857. Department of Defense notification of certain transactions. Subtitle F—Small Business Matters Sec. 860. Amendments to defense research and development rapid innovation pro- gram. Sec. 861. Annual reports regarding the SBIR program of the Department of De- fense. Sec. 862. Payment of subcontractors. Sec. 863. Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled vet- erans. Sec. 864. Eliminating self-certification for service-disabled veteran-owned small businesses. Sec. 865. Consideration of the past performance of affiliate companies of small business concerns. Subtitle G—Other Matters Sec. 871. Extension of mission management pilot program. Sec. 872. Extension of pilot program to incentivize contracting with employee- owned businesses. Sec. 873. Program and processes relating to foreign acquisition. Sec. 874. Pilot program to incentivize progress payments. Sec. 875. Study on reducing barriers to acquisition of commercial products and services. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00177 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 312 PUBLIC LAW 118–31—DEC. 22, 2023 Subtitle A—Acquisition Policy and Management SEC. 801. COMMERCIAL NATURE DETERMINATION MEMO AVAILABLE TO CONTRACTOR. Section 3456(b)(2) of title 10, United States Code, is amended— (1) by striking ‘‘for such determination’’ and inserting ‘‘why the product or service was determined to be commercial or noncommercial’’; and (2) by adding at the end the following: ‘‘Upon the request of the contractor or subcontractor offering the product or service for which such determination is summarized in such memo- randum, the contracting officer shall provide to such contractor or subcontractor a copy of such memorandum.’’. SEC. 802. MODIFICATION OF TRUTHFUL COST OR PRICING DATA SUBMISSIONS AND REPORT. Section 3705(b)(2) of title 10, United States Code, is amended— (1) in subparagraph (B), by adding at the end the following new sentence: ‘‘The Under Secretary shall make appropriate portions of the report available to the leadership of the offerors named in such report.’’; and (2) by adding at the end the following new subparagraph: ‘‘(C) The Under Secretary of Defense for Acquisition and Sustainment shall develop a framework for revising what con- stitutes a denial of uncertified cost or pricing data, including— ‘‘(i) identifying situations under which such denials occur to exclude situations outside the control of the offeror or Federal Government; ‘‘(ii) identifying whether such denial is from the prime contractor or subcontractor; and ‘‘(iii) developing an appropriate timeframe for requiring submission of uncertified cost or pricing data before a request for such data is considered a denial, including a standardized determination of a starting point and conclusion for such requests.’’. SEC. 803. PROHIBITION ON THE TRANSFER OF CERTAIN DATA ON EMPLOYEES OF THE DEPARTMENT OF DEFENSE TO THIRD PARTIES. Chapter 363 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 4662. Prohibition on the transfer of certain data on employees of the Department of Defense to third parties ‘‘(a) IN GENERAL.—Each contract entered into by the Depart- ment of Defense on or after the date of the enactment of this section shall include a provision prohibiting the contractor and each subcontractor under such contract from selling, licensing, or otherwise transferring covered individually identifiable Department employee data to any individual or entity other than the Federal Government, except to the extent required to perform such contract or a subcontract under such contract and that would be permissible pursuant to statute or guidance from the Director of the Office of Management and Budget. 10 USC 4662. 10 USC prec. 4651. Records. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00178 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 313 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(b) WAIVER.—The Secretary of Defense may waive the require- ments of subsection (a) with respect to a sale, licensing, or other transfer of covered individually identifiable Department employee data if the Secretary determines that such waiver is appropriate. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered individually identifiable Department employee data’ means individually identifiable Department employee data obtained by— ‘‘(A) a contractor pursuant to the performance of a contract described in subsection (a) by such contractor; or ‘‘(B) a subcontractor pursuant to the performance of a subcontract under such a contract by such subcontractor. ‘‘(2) The term ‘individually identifiable Department employee data’ means information related to an employee of the Department of Defense, including a member of the Armed Forces, that— ‘‘(A) identifies such employee; or ‘‘(B) which may be used to infer, by either direct or indirect means, the identity of such an employee to whom the information applies.’’. SEC. 804. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE FOSSIL FUEL OPERATIONS WITH THE GOVERNMENT OF THE RUSSIAN FEDERATION OR THE RUSSIAN ENERGY SECTOR. (a) PROHIBITION.— (1) IN GENERAL.—Except as provided under subsections (b), (c), and (d), the Secretary of Defense may not enter into a contract for the procurement of goods or services with any person that is or that has fossil fuel business operations with a person that is not less than 50 percent owned, individually or collectively, by— (A) an authority of the Government of the Russian Federation; or (B) a fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas— (i) through the Russian Federation for sale outside of the Russian Federation; and (ii) that was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded. (2) OIL AND GAS ORIGIN.—For the purposes of applying the exception under paragraph (1)(B), oil and gas transported by a fossil fuel company shall be deemed to have been extracted from the location of extraction specified in the certificate of origin or other documentation confirming the origin of such oil or gas unless the person with respect to which such exception would apply knew or had reason to know that such location in such documentation was false or incorrect. (b) EXCEPTIONS.— (1) IN GENERAL.—The prohibition under subsection (a) does not apply to a contract that the Secretary of Defense and the Secretary of State jointly determine— (A) is necessary— Determination. 10 USC note prec. 4651. Determination. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00179 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 314 PUBLIC LAW 118–31—DEC. 22, 2023 (i) for purposes of providing humanitarian assist- ance to the people of Russia; or (ii) for purposes of providing disaster relief and other urgent life-saving measures; (B) is vital to the military readiness, basing, or oper- ations of the United States or the North Atlantic Treaty Organization; (C) is vital to the national security interests of the United States; or (D) was a business operation with a fossil fuel company in a country other than the Russian Federation that was entered into prior to the date of the enactment of this section. (2) NOTIFICATION REQUIREMENT.—The Secretary of Defense shall notify the appropriate congressional committees of any contract entered into on the basis of an exception provided for under paragraph (1). (3) OFFICE OF FOREIGN ASSETS CONTROL LICENSES.—The prohibition in subsection (a) shall not apply to a person that has a valid license to operate in Russia issued by the Office of Foreign Assets Control of the Department of the Treasury or is otherwise authorized to operate in Russia by the Federal Government notwithstanding the imposition of sanctions. (4) AMERICAN DIPLOMATIC MISSION IN RUSSIA.—The prohibi- tion in subsection (a) shall not apply to contracts related to the operation and maintenance of the United States Govern- ment’s consular offices and diplomatic posts in Russia. (c) APPLICABILITY.—This section shall take effect on the date of the enactment of this Act and apply with respect to any contract entered into on or after such effective date. (d) SUNSET.—This section shall terminate on December 31, 2029. (e) DEFINITIONS.—In this section: (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— (A) the Committee on Oversight and Accountability, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Homeland Security and Govern- mental Affairs, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. (2) BUSINESS OPERATIONS.— (A) IN GENERAL.—The term ‘‘business operations’’ means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, pos- sessing, leasing, or operating equipment, facilities, per- sonnel, products, services, personal property, real property, or any other apparatus of business or commerce. (B) EXCEPTIONS.—The term ‘‘business operations’’ does not include— (i) any shipment subject to price caps as specified in the ‘‘Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil’’, issued on December 2, 2022, between member countries of that coalition, or the price caps as specified in the ‘‘Statement of the G7 and Australia on price caps for seaborne Russian-origin petroleum products Berlin, VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00180 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 315 PUBLIC LAW 118–31—DEC. 22, 2023 Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington’’, issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps; (ii) actions taken for the benefit of the country of Ukraine, as determined by the Secretary of Defense; or (iii) actions taken to support the suspension or termination of business operations for commercial activities during the period beginning on the date of the enactment of this Act and ending on the date described in subsection (d), including— (I) any action to secure or divest from facilities, property, or equipment; (II) the provision of products or services pro- vided to reduce or eliminate operations in territory internationally recognized as the Russian Federa- tion or to comply with sanctions relating to the Russian Federation; and (III) activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia. (3) FOSSIL FUEL COMPANY.—The term ‘‘fossil fuel company’’ means a person that— (A) carries out oil, gas, or coal exploration, develop- ment, or production activities; (B) processes or refines oil, gas, or coal; or (C) transports, or constructs facilities for the transpor- tation of, Russian oil, gas, or coal. (4) PERSON.—The term ‘‘person’’ means— (A) a natural person, corporation, company, business association, partnership, society, trust, or any other non- governmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institu- tion (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). SEC. 805. PROHIBITION OF THE DEPARTMENT OF DEFENSE PROCURE- MENT RELATED TO ENTITIES IDENTIFIED AS CHINESE MILITARY COMPANIES OPERATING IN THE UNITED STATES. (a) PROHIBITION ON USE OR PROCUREMENT.— (1) IN GENERAL.—Except as provided under subsection (d), the Secretary may not— (A) enter into, renew, or extend a contract for the procurement of goods, services, or technology with an entity described in paragraph (2); or (B) enter into, renew, or extend a contract for the procurement of goods or services that include goods or services produced or developed by an entity described in paragraph (2). (2) ENTITIES DESCRIBED.—An entity described in this para- graph is— 10 USC note prec. 4651. Ukraine. Determination. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00181 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 316 PUBLIC LAW 118–31—DEC. 22, 2023 (A) an entity that is identified in the annual list pub- lished in the Federal Register by the Department of Defense of Chinese military companies operating in the United States pursuant to section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note); or (B) any entity subject to the control of an entity described in subparagraph (A). (3) LIMITATION ON APPLICABILITY.— (A) IN GENERAL.—Nothing in paragraph (1) shall pro- hibit the Secretary from entering into, renewing, or extending a contract for the procurement of goods, services, or technology to provide a service that connects to the facilities of a third party, including backhaul, roaming, or interconnection arrangements. (B) EXISTING CONTRACTS.—Nothing in this section shall permit the Secretary to apply the prohibitions in paragraph (1) to existing contracts for goods, services, or technology, including when such contracts are modified, extended, or renewed, entered into prior to the relevant date described in subsection (b). (C) COMPONENTS.—Paragraph (1) shall not apply with respect to components (as defined in section 105 of title 41, United States Code). (4) RULEMAKING.— (A) ENTITY PROHIBITION.—Not later than one year after the date of the enactment of this Act, the Secretary shall amend the Defense Federal Acquisition Regulation Supple- ment to implement the prohibitions in paragraph (1)(A) for the Department of Defense. (B) GOODS AND SERVICES PROHIBITION.—Not later than 545 days after the date of the enactment of this Act, the Secretary shall amend the Defense Federal Acquisition Regulation Supplement to implement the prohibitions in paragraph (1)(B) for the Department of Defense, including— (i) best practices to avoid being subject to the prohibitions described in paragraph (1)(B); and (ii) technical support to assist affected businesses, institutions, and organizations as is reasonably nec- essary for those affected entities to comply with this section. (b) EFFECTIVE DATES.—The prohibition under subsection (a)(1)(A) shall take effect on June 30, 2026, and the prohibition under subsection (a)(1)(B) shall take effect on June 30, 2027. (c) WAIVER AUTHORITY.— (1) IN GENERAL.—The Secretary may waive the require- ments under subsection (a) with respect to an entity that requests such a waiver if the entity seeking the waiver— (A) provides to the Secretary a compelling justification for the additional time to implement the requirements under such subsection, as determined by the Secretary of Defense; and (B) provides to the Secretary a phase-out plan to elimi- nate goods, services, or technology produced or developed by an entity described in subsection (a)(2) from the systems of the entity. Plan. Deadlines. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00182 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 317 PUBLIC LAW 118–31—DEC. 22, 2023 (2) DURATION.—A waiver granted under paragraph (1) may remain in effect until the date on which the Secretary deter- mines that commercially viable providers exist outside of the People’s Republic of China that can and are willing to provide the Department of Defense with quality goods and services in the quantity demanded. (3) DELEGATION.—The Secretary may designate the authority under this section only to— (A) the service acquisition executive of the military department (as such terms are defined in section 101(a) of title 10, United States Code) concerned; or (B) the official responsible for all acquisition functions of such other element or organization of the Department of Defense concerned. (d) EXCEPTION.—The President shall not be required to apply or maintain the prohibition under subsection (a) for activities sub- ject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. (e) DEFINITIONS.—In this section: (1) CONTROL.—The term ‘‘control’’ has the meaning given that term in part 800.208 of title 31, Code of Federal Regula- tions, or any successor regulations. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Defense. SEC. 806. PRINCIPAL TECHNOLOGY TRANSITION ADVISOR. (a) DESIGNATION.—Not later than one year after the date of the enactment of this Act, each service acquisition executive of a military department shall designate a Principal Technology Transition Advisor who shall advise each Secretary of a military department on the transition of technologies, including technologies from science and technology programs of the Department, private commercial entities, research institutions, and universities, to fulfill identified and potential warfighter requirements for the military department. (b) ADVISOR STATUS.—The Principal Technology Transition Advisor of a military department designated under subsection (a) shall be a member of the Senior Executive Service or a general officer and directly report to the service acquisition executive of such military department. (c) RESPONSIBILITIES.—The Principal Technology Transition Advisor of a military department designated under subsection (a) shall do the following: (1) Identify technologies being researched, developed, tested, or evaluated by science and technology programs of the Department, including Defense research facilities (as defined in section 4125(b) of title 10, United States Code), that the military department may use to meet identified and potential warfighter requirements, including technologies for which the Department owns and maintains the intellectual property rights. (2) Consult with Department of Defense innovation pro- grams to identify technologies from private commercial entities, research institutions, universities, and other entities that the military department may use to meet identified and potential warfighter requirements. Deadline. 10 USC 1701 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00183 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 318 PUBLIC LAW 118–31—DEC. 22, 2023 (3) Make recommendations to the service acquisition execu- tive of the military department regarding the acquisition of technologies identified under paragraphs (1) and (2) for acquisi- tion decisions at the service acquisition executive level. (4) Inform program managers (as defined in section 1737 of title 10, United States Code) and other relevant acquisition officials of the military department of relevant technologies identified under paragraphs (1) and (2). (5) Develop policies and processes for promoting to small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) and nontraditional defense con- tractors (as defined in section 3014 of title 10, United States Code) opportunities to license intellectual property developed by the Department, including opportunities and methods for small business concerns and nontraditional defense contractors to engage with the Department regarding such licensing. (6) Develop and maintain metrics tracking the outcomes of projects and other activities of the military department for which the military department expended amounts designated as budget activity 3 (Advanced Technology Development), budget activity 4 (Advanced Component Development and Prototypes), and budget activity 5 (System Development and Demonstration), 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). (d) CONGRESSIONAL REPORT.—Not later than one year after the designation of the Principal Technology Transition Advisor of a military department under subsection (a), and annually there- after, the Principal Technology Transition Advisor of such military department shall submit to Congress a report on the following for the one-year period preceding the submission of the report: (1) The activities of the Principal Technology Transition Advisor. (2) The outcomes of projects and other activities described in subsection (c)(6), including the metrics described in such subsection. (e) DEFINITIONS.—In this section— (1) the term ‘‘Department’’ means the Department of Defense; (2) the term ‘‘Department of Defense innovation programs’’ means the Defense Innovation Unit of the Department of Defense, AFWERX of the Air Force, and other programs spon- sored by the Department of Defense, or any component thereof, with a focus on accelerating the adoption of emerging tech- nologies for mission-relevant applications or innovation; and (3) the terms ‘‘military department’’ and ‘‘service acquisition executive’’ have the meanings given such terms in section 101(a) of title 10, United States Code. SEC. 807. SENIOR CONTRACTING OFFICIAL FOR STRATEGIC CAPABILI- TIES OFFICE. (a) SENIOR CONTRACTING OFFICIAL.—The staff of the Director of the Strategic Capabilities Office shall include a senior contracting official (as defined in section 1737 of title 10, United States Code) who shall have the authority to enter into and administer contracts, grants, cooperative agreements, and other transactions in execution of the program activities of the Strategic Capabilities Office. 10 USC 132 note. Time period. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00184 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 319 PUBLIC LAW 118–31—DEC. 22, 2023 (b) EFFECTIVE DATE; IMPLEMENTATION PLAN.— (1) EFFECTIVE DATE.—The authorities described in sub- section (a) shall take effect 30 days after the date on which the Secretary of Defense submits the plan described in para- graph (2). (2) PLAN.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congres- sional defense committees a plan for the implementation of the authorities described in subsection (a). The plan shall include the following: (A) A plan for oversight of the senior contracting official described under subsection (a). (B) An assessment of the acquisition workforce needs of the Strategic Capabilities Office to support the authority provided under subsection (a). (C) Other matters as appropriate. SEC. 808. PILOT PROGRAM FOR THE USE OF INNOVATIVE INTELLEC- TUAL PROPERTY STRATEGIES. (a) ESTABLISHMENT.—The Secretary of Defense shall establish a pilot program for the use of innovative intellectual property strategies that meet the criteria described in subsection (b) to acquire the necessary technical data rights required for the oper- ation, maintenance, and installation of, and training for, covered programs designated under subsection (c). (b) CRITERIA FOR STRATEGIES.—The innovative intellectual property strategies used in a pilot program established under this section may include the following: (1) The use of an escrow account to verify and hold intellec- tual property data. (2) The use of royalties or licenses. (3) Other strategies, as determined by the Secretary. (c) DESIGNATION OF COVERED PROGRAMS.—Not later than May 1, 2024, and with respect to the pilot program established under this section— (1) the Secretary of each military department shall des- ignate one covered program within the military department under the jurisdiction of such Secretary; and (2) the Under Secretary of Defense for Acquisition and Sustainment shall designate one covered program within the Defense Agencies or Department of Defense Field Activities (as defined, respectively, in section 101 of title 10, United States Code). (d) BRIEFING REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the pilot program required under this section. (e) ANNUAL REPORT.—Beginning on the date on which the first program is designated under subsection (c) and until the termination date in subsection (f), the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secre- taries of the military departments, shall provide an annual report to the Committees on Armed Services of the Senate and the House of Representatives on— Deadline. Plan. Deadline. 10 USC 3791 note. Assessment. Deadline. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00185 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 320 PUBLIC LAW 118–31—DEC. 22, 2023 (1) the effectiveness of the pilot program in acquiring the necessary technical data rights necessary to support timely, cost-effective maintenance and sustainment of the acquisition programs designated under subsection (c); and (2) any recommendations for the applicability of lessons learned from the pilot program. (f) TERMINATION.—The authority to carry out the pilot program established under this section shall terminate on December 31, 2028. (g) DEFINITIONS.—In this section: (1) The term ‘‘covered program’’ means an acquisition pro- gram under which procurements are conducted using a pathway of the adaptive acquisition framework (as described in Depart- ment of Defense Instruction 5000.02, ‘‘Operation of the Adaptive Acquisition Framework’’). (2) The term ‘‘technical data rights’’ has the meaning given in section 3771 of title 10, United States Code. SEC. 809. PILOT PROGRAM FOR ANYTHING-AS-A-SERVICE. (a) IN GENERAL.—The Secretary of Defense shall establish a pilot program to explore the use of consumption-based solutions to address any defense need, hereafter ‘‘anything-as-a-service’’, that is feasible to provide users on-demand access, quickly add newly released capabilities, and bill based on actual usage at fixed price units. (b) REQUIREMENTS.—A contract or other agreement for any- thing-as-a-service entered into under the pilot program shall require the outcomes of the capability to be measurable, including the cost and speed of delivery in comparison to using processes other than anything-as-a-service, at the regular intervals that are cus- tomary for the type of solution provided. (c) NOTICE.—With respect to each opportunity to participate in the pilot program established under subsection (a), the Secretary shall make publicly available a notice of such opportunity for not less than 60 days. (d) TIMING.—The Secretary shall, to the extent practicable, enter into a contract or other agreement under this section not later than 100 days after the date on which the Secretary, under subsection (c), makes publicly available a notice to participate in the pilot program established under this section. (e) EXEMPTIONS.—A contract or other agreement entered into under this section shall be exempt from the following: (1) The requirements of section 3702 of title 10, United States Code. (2) With respect to a modification to add new features or capabilities in an amount less than or equal to 25 percent of the total value of such contract or other agreement, the requirements of full and open competition (as defined in section 2302 of title 10, United States Code). (f) BRIEFING.—Not later than June 30, 2024, the Secretary of Defense shall provide a briefing to the congressional defense committees on the implementation of the pilot program. (g) ANYTHING-AS-A-SERVICE DEFINED.—In this section, the term ‘‘anything-as-a-service’’ means a model under which a technology- supported capability is provided to the Department of Defense and may utilize any combination of software, hardware or equipment, Deadline. Deadline. Public information. Time period. 10 USC note prec. 3301. Recommenda- tions. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00186 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 321 PUBLIC LAW 118–31—DEC. 22, 2023 data, and labor or services that provides a capability that is metered and billed based on actual usage at fixed price units. SEC. 810. UPDATED GUIDANCE ON PLANNING FOR EXPORTABILITY FEATURES FOR FUTURE PROGRAMS. (a) PROGRAM GUIDANCE ON PLANNING FOR EXPORTABILITY FEA- TURES.—Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall ensure that the program guidance for major defense acquisition programs (as defined in section 4201 of title 10, United States Code) and for acquisition programs and projects that are carried out using the rapid fielding or rapid prototyping acquisition pathway under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 note prec.) is revised to integrate planning for exportability features under section 4067 of title 10, United States Code, including— (1) for major defense acquisition programs, an assessment of such programs to identify potential exportability needs; and (2) for technologies under an acquisition program or project carried out using the rapid fielding or rapid prototyping acquisi- tion pathway that are transitioned to a major capability acquisi- tion program, an assessment of potential exportability needs of such technologies not later than one year after the date of such transition. (b) REVISION OF GUIDANCE FOR PROGRAM PROTECTION PLANS.— Not later than three years after the date of the enactment of this Act, the Under Secretary shall revise guidance for program protection plans to integrate a requirement to determine exportability for the programs covered by such plans. SEC. 811. MODERNIZING THE DEPARTMENT OF DEFENSE REQUIRE- MENTS PROCESS. (a) MODERNIZING THE DEPARTMENT OF DEFENSE REQUIREMENTS PROCESS.—Not later than October 1, 2025, the Secretary of Defense, acting through the Vice Chairman of the Joint Chiefs of Staff, in coordination with the Secretaries of the military departments and the commanders of the combatant commands, and in consulta- tion with the Under Secretary of Defense for Acquisition and Sustainment, shall develop and implement a streamlined require- ments development process for the Department of Defense, to include revising the Joint Capabilities Integration and Development System, in order to improve alignment between modern warfare concepts, technologies, and system development and reduce the time to deliver needed capabilities to warfighters. (b) REFORM ELEMENTS.—The process required by subsection (a) shall— (1) streamline requirements documents, reviews, and approval processes, focusing on programs below the major defense acquisition program threshold described in section 4201 of title 10, United States Code; (2) revise requirements management practices using a clean-sheet approach that avoids prescriptive language, is based on mission outcomes and assessed threats, enables a more iterative and collaborative approach with the Armed Forces, maximizes the use of commercial products or commercial serv- ices in accordance with section 3453 of title 10, United States Code, and allows for a broader range of new or alternative Revisions. Deadline. Revisions. 10 USC note prec. 3101. Assessments. Deadlines. 10 USC 4067 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00187 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 322 PUBLIC LAW 118–31—DEC. 22, 2023 technological opportunities to be incorporated without the requirement being validated again; (3) develop a capability needs and requirements framework and pathways that are aligned to the pathways of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, ‘‘Operation of the Adaptive Acquisition Framework’’), and better aligned and integrated with the science and technology development processes of the Depart- ment; (4) provide continuity to the acquisition and research pro- grams of the military departments by enabling the military departments to develop, with respect to collections of capabili- ties grouped by function by the Department of Defense, sets of requirements that are designed to remain applicable to pro- grams and systems relating to such capabilities over substantial periods of time; (5) require the military departments to— (A) articulate in a concise model and document with a set of mission impact measures the sets of requirements developed under paragraph (4); and (B) seek to continuously improve the capabilities sub- ject to such sets of requirements the acquisition of addi- tional capabilities; (6) establish a process to rapidly validate the ability of commercial products and services to meet capability needs or opportunities; (7) retire and replace the Department of Defense Architec- ture Framework with a new structure focused on enabling interoperability through application program interfaces, enter- prise architectures and platforms, and government and commer- cial standards; and (8) ensure that requirements processes for software, artifi- cial intelligence, data, and related capability areas enable a more rapid, dynamic, and iterative approach than the require- ments processes for traditional hardware systems. (c) ELEMENTS.—With respect to the implementation of the process required by subsection (a), the Vice Chairman of the Joint Chiefs of Staff shall— (1) collaborate with industry partners, contractors of the Department and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code), and Department of Defense science and technology reinvention laboratories (as designated under section 4121(b) of title 10, United States Code) regarding the development of the streamlined require- ments development process under subsection (a) to ensure such process effectively uses the innovation ecosystem (as defined in section 236(g) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 4001 note)); (2) develop a formal career path, training, and structure for requirements managers; and (3) publish new policies, guidance, and templates for the operational, requirements, and acquisition workforces online in digital formats. (d) INTERIM REPORT.—Not later than October 1, 2024, the Sec- retary of Defense shall submit to the congressional defense commit- tees a report on the development and implementation of the process required by subsection (a), including— Publications. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00188 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 323 PUBLIC LAW 118–31—DEC. 22, 2023 (1) a description of the efforts to develop and implement the streamlined requirements development process under sub- section (a); (2) the plans of the Department of Defense to implement, communicate, and continuously improve the requirements development process required by subsection (a); and (3) any additional recommendations for legislation that the Secretary determines appropriate. (e) FINAL REPORT.—Not later than October 1, 2025, the Sec- retary of Defense shall submit to the congressional defense commit- tees a report describing activities carried out pursuant to this section. SEC. 812. PREVENTING CONFLICTS OF INTEREST FOR ENTITIES THAT PROVIDE CERTAIN CONSULTING SERVICES TO THE DEPARTMENT OF DEFENSE. (a) IN GENERAL.— (1) CERTIFICATION.—Not later than 180 days 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 require any entity that provides con- sulting services and is assigned a North American Industry Classification System code beginning with 5416, after the effec- tive date of such amendment and before entering into a covered contract, to certify that— (A) neither the entity nor any subsidiaries or affiliates of the entity (as that term is defined in section 2.101 of the Federal Acquisition Regulation) hold a contract for consulting services with one or more covered foreign enti- ties; or (B) the entity maintains a Conflict of Interest Mitiga- tion plan described under subsection (b) that is auditable by a contract oversight entity. (2) PROHIBITION.—The Secretary of Defense may not enter into a covered contract with an entity described in paragraph (1) that is unable to make the certification required under such paragraph. (b) CONFLICT OF INTEREST MITIGATION PLAN.—A Conflict of Interest Mitigation plan described under this subsection shall include— (1) an identification, where such identification is not other- wise prohibited by law or regulation, of any covered contracts of an entity described in subsection (a) with a covered foreign entity; (2) a written analysis, including a course of action for avoiding, neutralizing, or mitigating the actual or potential conflict of interest of such a covered contract with the Depart- ment of Defense; (3) a description of the procedures adopted by an entity to ensure that individuals who will be performing a covered contract will not, for the duration of such contract, also provide any consulting services to any covered foreign entity; and (4) a description of the procedures by which an entity will submit to the contract oversight entities a notice of an unmitigated conflict of interest with respect to a covered con- tract within 15 days of determining that such a conflict has arisen. Procedures. Notice. Deadline. Determination. Procedures. Analysis. Deadline. Regulations. 10 USC note prec. 4501. Recommenda- tions. Plans. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00189 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 324 PUBLIC LAW 118–31—DEC. 22, 2023 (c) ALTERNATIVE IDENTIFICATION OF COVERED FOREIGN ENTI- TIES.—If an entity is unable to identify covered foreign entities under subsection (b)(1) due to confidentiality obligations, the entity shall identify any such covered foreign entity as an entity described in subparagraphs (A) through (F) of subsection (f)(4) in the Conflict of Interest Mitigation plan. (d) NOTIFICATION.—Before determining to withhold an award of a covered contract based on a conflict of interest under this section that cannot be avoided or mitigated, the contracting officer for the contract shall notify the offeror of the reasons for such withholding and allow the offeror a reasonable opportunity to respond. If the contracting officer for the contract finds that it is in the best interests of the United States to award the contract notwithstanding such a conflict of interest, a request for waiver shall be submitted in accordance with section 9.503 of title 48, Code of Federal Regulations. The waiver request and decision shall be included in the contract file. (e) WAIVER.— (1) AUTHORITY.—The Secretary of Defense may issue a waiver with respect to the requirements of this section for the award of a covered contract on a case-by-case basis as may be necessary in the interest of national security. The Secretary of Defense may not delegate the authority under this subsection to an official who has not been Presidentially appointed and confirmed by the Senate. (2) WAIVER NOTIFICATION.—Not later than 30 days after issuing a waiver under this subsection, the Secretary of Defense shall provide a written notification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives regarding the use of such waiver authority. The notification shall include— (A) the specific justification for providing the waiver; (B) an identification of the covered foreign entity that is the subject of the waiver request; (C) the number of bidders for the covered contract for which the waiver was granted; (D) the number of bidders for the covered contract that did not request a waiver; and (E) the total dollar value of the covered contract. (f) DEFINITIONS.—In this section: (1) The term ‘‘consulting services’’ has the meaning given the term ‘‘advisory and assistance services’’ in section 2.101 of the Federal Acquisition Regulation, except that the term does not include the provision of products or services related to— (A) compliance with legal, audit, accounting, tax, reporting, or other requirements of the laws and standards of countries; or (B) participation in a judicial, legal, or equitable dis- pute resolution proceeding. (2) The term ‘‘contract oversight entity’’ means any of the following: (A) The contracting officer. (B) The contracting officer representative. (C) The Defense Contract Management Agency. (D) The Defense Contract Audit Agency. Deadline. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00190 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 325 PUBLIC LAW 118–31—DEC. 22, 2023 (E) The Office of Inspector General of the Department of Defense or any subcomponent of such office. (F) The Government Accountability Office. (3) The term ‘‘covered contract’’ means a contract of the Department of Defense for consulting services. (4) The term ‘‘covered foreign entity’’ means any of the following: (A) The Government of the People’s Republic of China, the Chinese Communist Party, the People’s Liberation Army, the Ministry of State Security, or other security service or intelligence agency of the People’s Republic of China. (B) The Government of the Russian Federation or any entity sanctioned by the Secretary of the Treasury under Executive Order 13662 titled ‘‘Blocking Property of Addi- tional Persons Contributing to the Situation in Ukraine’’ (79 Fed. Reg. 16169). (C) The government of any country if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism pursu- ant to any of the following: (i) Section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)). (ii) Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). (iii) Section 40 of the Arms Export Control Act (22 U.S.C. 2780). (iv) Any other provision of law. (D) Any entity included on any of the following lists maintained by the Department of Commerce: (i) The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations. (ii) The Denied Persons List as described in section 764.3(a)(2) of the Export Administration Regulations. (iii) The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regula- tions. (iv) The Military End User List set forth in Supple- ment No. 7 to part 744 of the Export Administration Regulations. (E) Any entity identified by the Secretary of Defense pursuant to section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note). (F) Any entity on the Non-SDN Chinese Military- Industrial Complex Companies List (NS–CMIC List) main- tained by the Office of Foreign Assets Control of the Depart- ment of the Treasury under Executive Order 14032 (86 Fed. Reg. 30145; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), or any successor order. SEC. 813. FOCUSED COMMERCIAL SOLUTIONS OPENINGS OPPORTUNI- TIES. (a) REQUIREMENT.—During each fiscal year beginning after the date of the enactment of this Act, the Secretary of Defense, in coordination with the service acquisition executives of each military Time periods. Effective date. 10 USC 3458 note. Determination. Russia. China. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00191 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 326 PUBLIC LAW 118–31—DEC. 22, 2023 department, shall exercise the authority under section 3458 of title 10, United States Code, not less than four times to acquire goods or services addressing the mission needs of a geographic combatant command. (b) EXECUTION.—With respect to acquisition carried out under section 3458 of title 10, United States Code, pursuant to subsection (a), the Secretary of Defense shall— (1) assign the responsibility for carrying out such acquisi- tion to a program executive officer and a head of a science and technology reinvention laboratory from the same military department, who shall co-lead such acquisition; and (2) ensure that the program executive officer and the head of a science and technology reinvention laboratory assigned as co-leads under paragraph (1) have similar existing require- ments and funding for transitioning technologies to acquisition programs within the area of focus for such acquisition. (c) SUNSET.—Subsection (a) shall expire on September 30, 2027. (d) DEFINITIONS.—In this section: (1) The terms ‘‘military department’’ and ‘‘services acquisi- tion executive’’ have the meanings given such terms in section 101(a) of title 10, United States Code. (2) The term ‘‘program executive officer’’ has the meaning given such term in section 1737(a) of title 10, United States Code. (3) The term ‘‘science and technology reinvention labora- tory’’ means a science and technology reinvention laboratory designated under section 4121(b) of title 10, United States Code. Subtitle B—Amendments to General Con- tracting Authorities, Procedures, and Limitations SEC. 820. AMENDMENTS TO MULTIYEAR PROCUREMENT AUTHORITY. Section 3501(a)(1) of title 10, United States Code, is amended— (1) by striking ‘‘will result in significant savings’’ and inserting the following: ‘‘will result in— ‘‘(A) significant savings’’; and (2) by striking ‘‘annual contracts.’’ and inserting the fol- lowing: ‘‘annual contracts; or ‘‘(B) necessary defense industrial base stability not otherwise achievable through annual contracts.’’. SEC. 821. MODIFICATION OF APPROVAL AUTHORITY FOR CERTAIN FOLLOW-ON PRODUCTION CONTRACTS OR TRANS- ACTIONS. Section 4022 of title 10, United States Code, is amended— (1) in subsection (a)(2)(C)(i)(I), by inserting after ‘‘sub- section (d)’’ the following: ‘‘were met for the prior transaction for the prototype project that provided for the award of the follow-on production contract or transaction, and the require- ments of subsection (f)’’; and (2) in subsection (d), by adding at the end the following new paragraph: VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00192 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 327 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(3) The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f).’’. SEC. 822. CLARIFICATION OF OTHER TRANSACTION AUTHORITY FOR INSTALLATION OR FACILITY PROTOTYPING. (a) IN GENERAL.—Section 4022(i) of title 10, United States Code, is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting ‘‘except for projects carried out for the purpose of repairing a facility,’’ before ‘‘not more’’; and (B) in subparagraph (B), by striking ‘‘$200,000,000’’ and inserting ‘‘$300,000,000’’; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new para- graph: ‘‘(3) USE OF AMOUNTS.—The Secretary of Defense or the Secretary of a military department may carry out prototype projects under the pilot program established under paragraph (1) using amounts available to the Secretary of Defense or the Secretary of a military department (as applicable) for mili- tary construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding— ‘‘(A) subchapters I and III of chapter 169 of this title; and ‘‘(B) chapters 221 and 223 of this title.’’. (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. 823. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE ENEMY. (a) IN GENERAL.—Section 841 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 4871 note prec.) is amended— (1) by striking the section heading and inserting ‘‘ THREAT MITIGATION IN COMMERCIAL SUPPORT TO OPERATIONS ’’; (2) in subsection (a)— (A) by striking the subsection heading and inserting ‘‘PROGRAM ESTABLISHED’’; and (B) in matter preceding paragraph (1), by striking ‘‘and in consultation with the Secretary of State’’ and all that follows through the period at the end and inserting ‘‘and the Secretary of State, establish a program to enable com- manders of combatant commands to identify and manage risks resulting from covered persons and entities engaging in covered activities. The Secretary of Defense shall issue guidance establishing such program, including identifying who shall be responsible for carrying out and overseeing the program, procedures for using information available from intelligence, security, and law enforcement sources to identify such risks, and strategies for managing the risks posed by covered persons and entities engaging in covered activities.’’; (3) by amending subsection (b) to read as follows: ‘‘(b) AUTHORITY.— Guidance. Procedures. Strategies. 10 USC 4022 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00193 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 328 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(1) IDENTIFICATION.— ‘‘(A) IN GENERAL.—Under the program established under subsection (a), the commander of the combatant command concerned shall evaluate covered persons and entities within the area of responsibility of such command to identify such covered persons and entities that are engaging in covered activities. ‘‘(B) NOTIFICATION.—Upon identification of a covered person or entity who is engaging in covered activities pursu- ant to an evaluation under subparagraph (A), the com- mander of the combatant command concerned, or the des- ignated deputies of such commander, shall submit to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Intel- ligence and Security, and the Under Secretary of Defense for Policy a notice of such identification and the rationale for such identification. ‘‘(2) COVERED PROCUREMENT ACTIONS.—The head of a con- tracting activity may take a covered procurement action with respect to a person or entity identified as engaging in a covered activity under the program established under subsection (a) if such head receives a notification from the Under Secretary of Defense for Acquisition and Sustainment stating that, based on a risk assessment conducted by the commander of a combat- ant command who made such identification— ‘‘(A) such person or entity is a covered person or entity; ‘‘(B) such person or entity is or was engaging in one or more covered activities; and ‘‘(C) less intrusive measures are not reasonably avail- able to manage the risk posed by such person or entity.’’; (4) by amending subsection (c) to read as follows: ‘‘(c) NOTIFICATION TO COVERED PERSON OR ENTITY.— ‘‘(1) ADVANCE NOTICE.—The head of a contracting activity, or other appropriate official, shall notify covered persons and entities of the following: ‘‘(A) The program established under subsection (a). ‘‘(B) The authorities provided by subsection (b). ‘‘(C) The responsibilities of covered persons or entities to exercise due diligence to mitigate their engagement in covered activities. ‘‘(2) NOTICE OF COVERED PROCUREMENT ACTIONS.— ‘‘(A) IN GENERAL.—Not later than 30 days prior to taking a covered procurement action, the head of a con- tracting activity shall notify the covered person or entity of the covered procurement action. The covered person or entity shall be permitted the opportunity to challenge the covered procurement action by requesting an adminis- trative review of the action under the procedures of the Department of Defense not later than 30 days after receipt of notice of the action. ‘‘(B) LIMITATION ON DISCLOSURE OF INFORMATION.— The rationale of the commander of a combatant command that identified the covered person or entity receiving a notice under subparagraph (A) as a covered person or entity engaging in a covered activity under subsection (b)(1) shall not be disclosed to such covered person or entity, or their representatives, to the extent that such disclosure would Review. Deadlines. Notification. Notice. Evaluation. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00194 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 329 PUBLIC LAW 118–31—DEC. 22, 2023 compromise national security or pose an unacceptable threat to personnel of the United States or its partners or allies. ‘‘(C) PROTECTION OF CLASSIFIED INFORMATION.—Classi- fied information relied upon to take a covered procurement action may not be disclosed to a covered person or entity, or to their representatives, unless a protective order issued by a court of competent jurisdiction established under article I or article III of the Constitution of the United States specifically addresses the conditions under which such classified information may be disclosed.’’; (5) by amending subsection (d) to read as follows: ‘‘(d) COVERED PROCUREMENT ACTION REPORTING.—Not later than 15 days after the head of a contracting activity takes a covered procurement action, such head of a contracting activity shall report such covered procurement action to the Under Secretary of Defense for Acquisition and Sustainment and include such covered procure- ment action in the Federal Awardee Performance and Integrity Information System or other formal systems of record and, in the case that such cover procurement action is for the exclusion a person or commercial entity from an award, the System for Award Management.’’; (6) by amending subsection (e) to read as follows: ‘‘(e) ANNUAL REVIEW.—The Secretary of Defense, in coordina- tion with the Director of National Intelligence and the Secretary of State, shall, on an annual basis, review the lists of persons and entities previously subject to a covered procurement action under subsection (b)(2) to determine whether or not such persons and entities continue to warrant use of the covered procurement action.’’; (7) by amending subsection (f) to read as follows: ‘‘(f) WAIVER.—The Secretary of Defense, in conjunction with the Secretary of State, may grant a waiver for actions taken under subsection (b) if it is in the best interest of national security.’’; (8) by amending subsection (g) to read as follows: ‘‘(g) DELEGATION OF AUTHORITY.—The authority provided by subsection (b) to make a determination to use a covered procure- ment action, in whole or in part, may not be delegated below the level of head of contracting activity, or equivalent official, for purposes of grants or cooperative agreements.’’; (9) by amending subsection (h) to read as follows: ‘‘(h) UPDATING REGULATIONS.—The Federal Acquisition Regula- tion and the Defense Federal Acquisition Regulation Supplement shall be revised to implement the provisions of this subtitle.’’; (10) in subsection (i)— (A) in paragraph (1)— (i) by striking ‘‘Director of the Office of Manage- ment and Budget’’ and inserting ‘‘Secretary of Defense’’; (ii) by striking ‘‘appropriate committees of Con- gress’’ and inserting ‘‘congressional defense committees (as defined in section 101(a) of title 10, United States Code)’’; (iii) in subparagraph (A)— (I) by striking ‘‘an executive agency exercised the authority to terminate, void, or restrict a con- tract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under Determination. Determination. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00195 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 330 PUBLIC LAW 118–31—DEC. 22, 2023 subsection (b)’’ and inserting ‘‘a head of contracting activity took a covered procurement action’’; (II) in clause (i), by striking ‘‘executive agency’’ and inserting ‘‘head of contracting activity’’; (III) in clause (ii), by striking ‘‘the action taken’’ and inserting ‘‘taking the covered procure- ment action’’; (IV) in clause (iii), by striking ‘‘voided or termi- nated’’ and inserting ‘‘subject to the covered procurement action’’; and (V) in clause (iv)— (aa) by striking ‘‘of the executive agency in force’’ and inserting ‘‘the Department of Defense has’’; and (bb) by striking ‘‘at the time the contract, grant, or cooperative agreement was termi- nated or voided’’ and inserting ‘‘at the time of taking the covered procurement action’’; and (iv) in subparagraph (B)— (I) by striking ‘‘an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification’’ and inserting ‘‘a head of contracting activity did not take a covered procurement action following an identification from a combatant commander’’; (II) in clause (i), by striking ‘‘executive agency’’ and inserting ‘‘head of contracting activity’’; and (III) in clause (ii), by inserting ‘‘covered procurement’’ before ‘‘action’’; and (B) in paragraph (2), by striking ‘‘Director’’ and inserting ‘‘Secretary of Defense’’; (11) by striking subsections (j) and (m) and redesignating subsections (k), (l), and (n) as subsections (j), (k), and (l), respectively; (12) in subsection (k), as redesignated by paragraph (11), by striking ‘‘Except as provided in subsection (m), the’’ and inserting ‘‘The’’; and (13) in subsection (l), as so redesignated, by striking ‘‘December 31, 2025’’ and inserting ‘‘December 31, 2033’’. (b) ACCESS TO RECORDS.—Section 842 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 is amended by striking subsections (a) through (c) and inserting the following: ‘‘(a) ADDITIONAL ACCESS TO RECORDS.—The Secretary of Defense may examine any records of persons or entities that have existing contracts with, or are active recipients of a grant or coopera- tive agreement from, the Department of Defense, including any subcontractors or subgrantees, to the extent necessary to support the program established under section 841 of this Act. ‘‘(b) LIMITATION.—The examination authorized under subsection (a) may only take place after a written determination is made by the contracting officer, based on a finding from the combatant commander, stating that this examination will support the program established under such section 841 and that less intrusive measures are not reasonably available to manage the risk.’’. Determination. Examination. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00196 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 331 PUBLIC LAW 118–31—DEC. 22, 2023 (c) DEFINITIONS.—Section 843 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 is amended— (1) by striking paragraphs (1), (2), (3), (7), and (9) and redesignating paragraphs (5), (6), and (8) as paragraphs (2), (3), and (7); (2) before paragraph (2), as so redesignated, by inserting the following new paragraph: ‘‘(1) COVERED ACTIVITIES.—The term ‘covered activities’ means activities where a covered person or entity is— ‘‘(A) engaging in acts of violence against personnel of the United States or its partners and allies; ‘‘(B) providing financing, logistics, training, or intel- ligence to a person described in subparagraph (A); ‘‘(C) engaging in foreign intelligence activities against the United States or its partners and allies; ‘‘(D) engaging in transnational organized crime or criminal activities; or ‘‘(E) engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces.’’; (3) in paragraph (2), as so redesignated, by striking ‘‘with an estimated value in excess of $50,000 that is performed outside the United States, including its possessions and terri- tories, in support’’ and all that follows through the period at the end and inserting ‘‘that is performed outside the United States, including its possessions and territories.’’; (4) by amending paragraph (3), as so redesignated, to read as follows: ‘‘(3) COVERED PERSON OR ENTITY.—The term ‘covered person or entity’ means any person, corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity outside of the United States or any foreign reporting company in accordance with section 5336(a)(11)(A)(ii) of title 31, United States Code, that is responding to a covered solicitation or performing work on a covered contract, grant, or cooperative agreement.’’; and (5) by inserting after paragraph (4) the following new para- graphs: ‘‘(5) COVERED PROCUREMENT ACTION.—The term ‘covered procurement action’ means an action taken by a head of con- tracting activity to— ‘‘(A) exclude a person or commercial entity from an award with or without an existing contract, grant, or cooperative agreement; ‘‘(B) terminate a contract, grant, or cooperative agree- ment for default; or ‘‘(C) void, in whole or in part, a contract, grant, or cooperative agreement. ‘‘(6) COVERED SOLICITATION.—The term ‘covered solicitation’ means any solicitation by the Department of Defense for work for which the place of performance is outside of the United States.’’. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect 180 days after the date of the enactment of this Act, and shall apply to covered solicitations issued and covered contracts, grants, or cooperative agreements (as that term is defined 10 USC note prec. 4871. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00197 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 332 PUBLIC LAW 118–31—DEC. 22, 2023 in section 843 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015, as amended by subsection (c)), awarded on or after such date, and to task and delivery orders that have been issued on or after such date pursuant to covered contracts, grants, or cooperative agreements that are awarded before, on, or after such date. SEC. 824. MODIFICATION AND EXTENSION OF TEMPORARY AUTHORITY TO MODIFY CERTAIN CONTRACTS AND OPTIONS BASED ON THE IMPACTS OF INFLATION. The first section of Public Law 85–804 (50 U.S.C. 1431) is amended— (1) in subsection (b), by adding at the end the following new sentence: ‘‘If any such amounts are so specifically provided, the Secretary may use them for such purposes.’’; and (2) in subsection (e), by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’. SEC. 825. COUNTERING ADVERSARY LOGISTICS INFORMATION TECH- NOLOGIES. (a) COUNTERING THE SPREAD OF COVERED LOGISTICS PLAT- FORMS.— (1) CONTRACTING PROHIBITION.— (A) IN GENERAL.—The Secretary of Defense may not enter into a contract with an entity that provides data to covered logistics platforms. (B) APPLICABILITY.—This paragraph shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this subsection. (2) WAIVER.—The Secretary of Defense may waive the provisions of this subsection for a specific contract if the Sec- retary— (A) makes a determination that such waiver is vital to the national security of the United States; and (B) submits to Congress a report justifying the use of such waiver and the importance of such waiver to the national security of the United States. (3) REPORT.—Not later than one year after the date of the enactment of this subsection, and annually for three subse- quent years, the Secretary of Defense shall submit to Congress a report on the implementation of this subsection. (b) POLICY WITH RESPECT TO PORTS ACCEPTING FEDERAL GRANT MONEY.— (1) IN GENERAL.—Chapter 503 of title 46, United States Code, is amended by adding at the end the following: ‘‘§ 50309. Securing logistics information data of the United States ‘‘(a) IN GENERAL.— ‘‘(1) PROHIBITION.—A covered entity shall not use a covered logistics platform. ‘‘(2) ELIGIBILITY.—A covered entity that is found to use a covered logistics platform shall not be eligible to receive any Federal grant funding as long as the covered entity uses a covered logistics platform. ‘‘(b) GUIDANCE.—The Secretary of Transportation shall— 46 USC 50309. Time periods. Reports. Determination. Effective date. 46 USC 50309 note. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00198 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 333 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(1) notify covered entities of the prohibition in subsection (a) as soon as practicable, including notice of funding opportuni- ties for grant programs; and ‘‘(2) publish on a website of the Department of Transpor- tation, and update regularly, a list of covered logistics platforms subject to the prohibition in subsection (a). ‘‘(c) CONSULTATION.—In carrying out this section, the Secretary shall consult with— ‘‘(1) the Secretary of Defense; ‘‘(2) the Secretary of the Department in which the Coast Guard is operating; ‘‘(3) the Secretary of State; and ‘‘(4) the Secretary of Commerce. ‘‘(d) WAIVER.—The Secretary of Transportation, in consultation with the Secretary of Defense, may waive the provisions of this section for a specific contract if the Secretary of Transportation— ‘‘(1) makes a determination that such waiver is vital to the national security of the United States; and ‘‘(2) submits to Congress a report justifying the use of such waiver and the importance of such waiver to the national security of the United States. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) COVERED LOGISTICS PLATFORM.—The term ‘covered logistics platform’ means a data exchange platform that utilizes or provides, in part or whole— ‘‘(A) the national transportation logistics public information platform (commonly referred to as ‘LOGINK’) provided by the People’s Republic of China, or departments, ministries, centers, agencies, or instrumentalities of the Government of the People’s Republic of China; ‘‘(B) any national transportation logistics information platform provided by or sponsored by the People’s Republic of China, or a controlled commercial entity; or ‘‘(C) a similar system provided by Chinese state-affili- ated entities. ‘‘(2) COVERED ENTITY.—The term ‘covered entity’ means— ‘‘(A) a port authority that receives funding after the date of the enactment of this section under— ‘‘(i) the port infrastructure development program under section 54301; ‘‘(ii) the maritime transportation system emer- gency relief program under section 50308; or ‘‘(iii) any Federal grant funding program; ‘‘(B) any marine terminal operator located on property owned by a port authority as described in subparagraph (A) or at a seaport described in subparagraph (D); ‘‘(C) any agency or instrumentality of the United States Government or that of a State; or ‘‘(D) a commercial strategic seaport within the National Port Readiness Network.’’. (2) CLERICAL AMENDMENT.—The analysis for chapter 503 of title 46, United States Code, is amended by adding at the end the following new item: ‘‘50309. Securing logistics information data of the United States.’’. (3) APPLICABILITY.—Section 50309 of title 46, United States Code, as added by paragraph (1), shall apply with respect Effective date. 46 USC prec. 50301. China. Reports. Determination. Web posting. Updates. List. Notification. Notice. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00199 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 334 PUBLIC LAW 118–31—DEC. 22, 2023 to any contract entered into on or after the date that is 180 days after the date of the enactment of this subsection. (4) REPORTING.—Not later than one year after the date of the enactment of this subsection, and annually for three subsequent years, the Secretary of Transportation shall submit to Congress a report on the implementation of section 50309 of title 46, United States Code, as added by paragraph (1). (c) NEGOTIATIONS WITH ALLIES AND PARTNERS.— (1) NEGOTIATIONS REQUIRED.—The Secretary of State shall seek to enter into negotiations with United States ally and partner countries, including those described in paragraph (3), if the President determines that ports or other entities oper- ating within the jurisdiction of such ally or partner countries are using or are considering using a covered logistics platform. (2) ELEMENTS.—As part of the negotiations described in paragraph (1), the President shall— (A) urge governments of such ally and partner coun- tries to require entities within the jurisdiction of such governments to terminate the use of a covered logistics platform; (B) describe the threats posed by a covered logistics platform to United States military and strategic interests and the implications such threats may have for the pres- ence of members of the Armed Forces of the United States in such countries; (C) urge governments to use their voice, influence, and vote to align with the United States and to counter attempts by foreign adversaries at international standards- setting bodies to adopt standards that incorporate a covered logistics platform; and (D) attempt to establish, through multilateral entities, bilateral or multilateral negotiations, military cooperation, and other relevant engagements or agreements, a prohibi- tion on the use of a covered logistics platform. (3) ALLIES AND PARTNERS DESCRIBED.—The countries and entities with which the President shall conduct negotiations described in this subsection shall include— (A) all countries party to a collective defense treaty or other collective defense arrangement with the United States; (B) India; and (C) Taiwan. (4) REPORT.—Not later than one year after the date of the enactment of this subsection, the Secretary of State shall submit a report to the appropriate congressional committees describing— (A) the efforts made by the United States Government as of the date of the submission of the report in the negotia- tions described in this subsection; and (B) the actions taken by the governments of ally and partner countries pursuant to the negotiation priorities described in this subsection. (d) DEFINITIONS.—In this section: (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— Taiwan. India. Determination. President. Time periods. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00200 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 335 PUBLIC LAW 118–31—DEC. 22, 2023 (A) the Committees on Armed Services, Foreign Affairs, and Transportation and Infrastructure of the House of Representatives; and (B) the Committees on Armed Services, Foreign Rela- tions, and Commerce, Science, and Transportation of the Senate. (2) COVERED LOGISTICS PLATFORM.—The term ‘‘covered logistics platform’’ has the meaning given in section 50309 of title 46, United States Code, as added by this section. (3) FOREIGN ADVERSARY.—The term ‘‘foreign adversary’’ means— (A) the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions; (B) the Republic of Cuba; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Russian Federation; and (F) the Bolivarian Republic of Venezuela under the regime of Nicola ´ s Maduro Moros. SEC. 826. MODIFICATION OF CONTRACTS AND OPTIONS TO PROVIDE ECONOMIC PRICE ADJUSTMENTS. (a) AUTHORITY.—Amounts authorized to be appropriated by this Act for the Department of Defense may be used to modify the terms and conditions of a contract or option to provide an economic price adjustment consistent with sections 16.203–1 and 16.203–2 of the Federal Acquisition Regulation during the relevant period of performance for that contract or option and as specified in section 16.203–3 of the Federal Acquisition Regulation, to the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes of this section. (b) GUIDANCE.—Not later than 30 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisi- tion and Sustainment shall issue guidance implementing the authority under this section. SEC. 827. MODIFICATIONS TO EARNED VALUE MANAGEMENT SYSTEM REQUIREMENTS. (a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Department of Defense Supplement to the Federal Acquisition Regulation shall be revised to— (1) exempt all software contracts and subcontracts of the Department of Defense from earned value management system requirements; (2) impose earned value management system requirements for cost contracts or incentive contracts with a value greater than or equal to $20,000,000 and less than $50,000,000; and (3) require a defense contractor to use an earned value management system for contracts awarded with a value greater than or equal to $50,000,000 and less than $100,000,000. (b) IMPLEMENTATION.—If the Department of Defense Supple- ment to the Federal Acquisition Regulation is not revised as described in subsection (a) before the deadline specified in such subsection, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the timeline for such revisions. Briefing. Timeline. Deadline. Regulations. 10 USC note prec. 4601. Deadline. 10 USC note prec. 4601. Nicola ´ s Maduro Moros. Country listing. VerDate Sep 11 2014 11:33 Feb 29, 2024 Jkt 049139 PO 00031 Frm 00201 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 336 PUBLIC LAW 118–31—DEC. 22, 2023 Subtitle C—Domestic Sourcing Requirements SEC. 831. EMERGENCY ACQUISITION AUTHORITY FOR PURPOSES OF REPLENISHING UNITED STATES STOCKPILES. Section 3601(a)(1) of title 10, United States Code, is amended— (1) in subparagraph (A)(iv), by striking ‘‘or’’ at the end; (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following new subparagraph: ‘‘(C) with respect to an armed attack by a country of concern (as defined in section 1(m) of the State Depart- ment Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)), to which the United States is not a party, for purposes of— ‘‘(i) replenishing United States stockpiles of defense articles when such stockpiles are diminished as a result of the United States providing defense articles in response to such armed attack by a country of concern against— ‘‘(I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, titled ‘To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes’ (56 Stat. 1028, chapter 668; 42 U.S.C. 1711(d))); or ‘‘(II) a United States partner; or ‘‘(ii) contracting for the movement or delivery of defense articles transferred to such ally or partner through the President’s drawdown authorities under sections 506(a)(1) and 614 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1) and 2364) in connec- tion with such response.’’. SEC. 832. REQUIREMENT FOR FULL DOMESTIC PRODUCTION OF FLAGS OF THE UNITED STATES ACQUIRED BY THE DEPARTMENT OF DEFENSE. (a) IN GENERAL.—Section 4862 of title 10, United States Code, is amended— (1) in subsection (b), by adding at the end the following new paragraph: ‘‘(5) A flag of the United States.’’; and (2) in subsection (h)— (A) in paragraph (1), by striking ‘‘Subsection (a)’’ and inserting ‘‘Except with respect to purchases of flags of the United States, subsection (a)’’; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: ‘‘(2)(A)(i) Except as provided by subparagraph (B), sub- section (a) does not apply to purchases of flags of the United States for amounts not greater than $10,000. ‘‘(ii) A proposed procurement in an amount greater than $10,000 may not be divided into several purchases Contracts. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00202 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 337 PUBLIC LAW 118–31—DEC. 22, 2023 or contracts for lesser amounts in order to qualify for the exception under clause (i). ‘‘(B) The Secretary of Defense may waive subsection (a) with respect to a purchase of flags of the United States in an amount greater than $10,000 if the Secretary of Defense determines such waiver appropriate. ‘‘(C) This section is applicable to contracts and subcontracts for the procurement of flags of the United States.’’. (b) APPLICABILITY.—The amendments made by subsection (a) shall apply only with respect to agreements entered into on or after the date of the enactment of this Act. SEC. 833. AMENDMENT TO REQUIREMENT TO BUY CERTAIN METALS FROM AMERICAN SOURCES. (a) IN GENERAL.—Section 4863 of title 10, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)(B), by striking ‘‘; and’’ and inserting a semicolon; (B) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following new paragraph: ‘‘(3) any specialty metal procured as mill product or incor- porated into a component other than an end item pursuant to this subsection shall be melted or produced— ‘‘(A) in the United States; ‘‘(B) in the country from which the mill product or component is procured; or ‘‘(C) in another country covered under subparagraph (1)(B).’’; (2) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and (3) by inserting after subsection (k) the following new sub- section: ‘‘(l) PROVENANCE OF AEROSPACE-GRADE METALS.—(1) The Sec- retary of Defense shall require that, for any system or component for which the provenance of materials must be tracked to comply with safety regulations concerning flight, the supplier of such system or component shall inform the government if any of the materials were known to be manufactured or processed in— ‘‘(A) China; ‘‘(B) Iran; ‘‘(C) North Korea; or ‘‘(D) Russia. ‘‘(2) Not later than March 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report indicating how much specialty metal has been acquired and placed into systems of the Department of Defense from the countries described in paragraph (1).’’. (b) EFFECTIVE DATE.—Subsection (a) shall take effect on the date that is 24 months after the date of the enactment of this Act. SEC. 834. ACQUISITION OF SENSITIVE MATERIAL PROHIBITION EXCEP- TION AMENDMENT. Section 4872(c) of title 10, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking ‘‘Sub- section (a)’’ and inserting ‘‘Subsection (a)(1)’’; and 10 USC 4863 note. Reports. 10 USC 4862 note. Applicability. Waiver authority. Determination. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00203 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 338 PUBLIC LAW 118–31—DEC. 22, 2023 (2) in paragraph (1)— (A) by striking ‘‘Defense determines that covered mate- rials’’ and inserting the following: ‘‘Defense— ‘‘(A) identifies a specific end item for which a specific covered material’’; (B) by striking the period at the end and inserting ‘‘; and’’ ; and (C) by adding at the end the following new subpara- graph: ‘‘(B) waives subsection (a)(1) for such specific end item and such specific covered material for a period not exceeding 36 months.’’. SEC. 835. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR DEFENSE ACQUISITION PROGRAMS. (a) ASSESSMENT REQUIRED.— (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 assessing the domestic source content of procurements carried out in connection with a major defense acquisition program. (2) INFORMATION REPOSITORY.—The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content for products the Secretary deems critical, where such information can be used for continuous data analysis and program manage- ment activities. (b) ENHANCED DOMESTIC CONTENT REQUIREMENT.— (1) IN GENERAL.—Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufac- tured articles, materials, or supplies procured in connection with a major defense acquisition program are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies— (A) supplied not later than the date of the enactment of this Act, exceeds 60 percent of cost of the manufactured articles, materials, or supplies procured; (B) supplied during the period beginning January 1, 2024, and ending December 31, 2028, exceeds 65 percent of the cost of the manufactured articles, materials, or sup- plies; and (C) supplied on or after January 1, 2029, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies. (2) EXCLUSION FOR CERTAIN MANUFACTURED ARTICLES.— Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel. (3) RULEMAKING TO CREATE A FALLBACK THRESHOLD.— (A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially Determination. Time period. Deadlines. Reports. 10 USC note prec. 4201. VerDate Sep 11 2014 00:02 Feb 13, 2024 Jkt 049139 PO 00031 Frm 00204 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 339 PUBLIC LAW 118–31—DEC. 22, 2023 all from articles, materials, or supplies mined, produced, or manufactured in the United States if— (i) the application of paragraph (1) results in an unreasonable cost; or (ii) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substan- tially all from articles, materials, or supplies mined, produced, or manufactured in the United States. (B) TERMINATION.—Rules issued under this paragraph shall cease to have force or effect on January 1, 2031. (4) APPLICABILITY.—The requirements of this subsection— (A) shall apply to contracts entered into on or after the date of the enactment of this Act; (B) shall not apply to articles manufactured in coun- tries that have executed a reciprocal defense procurement memorandum of understanding with the United States entered into pursuant to section 4851 of title 10, United States Code; and (C) shall not apply to a country that is a member of the national technology and industrial base (as defined by section 4801 of title 10, United States Code). (c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—The term ‘‘major defense acquisition program’’ has the meaning given in section 4201 of title 10, United States Code. Subtitle D—Provisions Relating to Programs for Accelerating Acquisition SEC. 841. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING PROCESSES. Section 890 of the John S. McCain National Defense Authoriza- tion Act for Fiscal Year 2019 (Public Law 115–232) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (2) by inserting after subsection (a) the following new sub- section: ‘‘(b) IMPLEMENTATION GUIDANCE.—The Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall ensure that each senior contracting official (as defined in section 1737 of title 10, United States Code) for a contract described in subsection (a) has the discretion to implement the pilot program under this section efficiently and effectively by ensuring the following: ‘‘(1) That the pilot program does not include any preferences for contract type or specific contract requirements. ‘‘(2) That each Secretary of a military department has minimal reporting requirements to the Under Secretary of Defense for Acquisition and Sustainment with respect to the pilot program.’’; and (3) in subsection (d), as so redesignated, by striking ‘‘January 2, 2024’’ and inserting ‘‘January 2, 2028’’. 10 USC note prec. 3701. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00205 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 340 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 842. DEMONSTRATION AND PROTOTYPING PROGRAM TO ADVANCE INTERNATIONAL PRODUCT SUPPORT CAPABILI- TIES IN A CONTESTED LOGISTICS ENVIRONMENT. (a) CONTESTED LOGISTICS DEMONSTRATION AND PROTOTYPING PROGRAM REQUIRED.—The Secretary of Defense shall establish a contested logistics demonstration and prototyping program to iden- tify, develop, demonstrate, and field capabilities for product support in order to reduce or mitigate the risks associated with operations in a contested logistics environment. (b) ELEMENTS.—In carrying out the Program, the Secretary shall do the following: (1) Identify ways to capitalize on the inherent interoper- ability, commonality, and interchangeability of platforms and information systems operated by the United States and one or more covered nations, including to enable effective mainte- nance and repair activities in a contested logistics environment. (2) Determine, develop, or establish best practices to reduce time needed to return repaired equipment to service, including the use of— (A) commercial best practices for rapid supply support; and (B) common or shared parts pools. (3) Explore opportunities to expand the ability to preposi- tion or store materials needed to enable rapid surge capability or to support operations in a contested logistics environment. (4) Identify, develop, demonstrate, and field effective and efficient means of conducting repairs of equipment away from permanent repair facilities. (5) Explore flexible approaches to contracting and use of partnership agreements to enable use or development of the capabilities of covered product support providers to effectively, efficiently, and timely satisfy the product support requirements of a combat commander and any applicable covered nation in a contested logistics environment. (6) Identify the resources, including any additional authorizations, required by the Secretary of Defense to reduce or mitigate the risks associated with operations in a contested logistics environment. (7) Identify and document impediments to the performance of product support by covered product support providers in a contested logistics environment, including impediments cre- ated by statute, regulation, policy, agency guidance, or limita- tions on expenditure, transfer, or receipt of funds for product support in contested logistics environments. (8) Identify and document any statutory or regulatory waivers or exemptions that may be applicable or necessary to enable the United States and covered nations to jointly carry out product support activities in contested logistics environments located outside of the United States, including, for each such waiver and exemption— (A) the person responsible for requesting such waiver or exemption; (B) the criteria for approval of such waiver or exemp- tion; and (C) the person responsible for approving such waiver or exemption. Determination. 10 USC 2341 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00206 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 341 PUBLIC LAW 118–31—DEC. 22, 2023 (c) ADVANCE PLANNING AND PREPARATION.—The Secretary may establish a product support arrangement, including an agreement for prepositioning or storage of materials, with a covered product support provider to enable a rapid response in a contingency oper- ation (as defined in section 101(a) of title 10, United States Code) to the product support requirements of such contingency operation. (d) AUTHORITIES.—In carrying out the Program, the Secretary may, in accordance with section 3 of the Arms Export Control Act (22 U.S.C. 2753), use the authorities under sections 2342, 2474, 3601, 4021, and 4022 of title 10, United States Code. (e) REPORT.—Not later than 24 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report summarizing Program activities, including— (1) any recommendations to reduce impediments to meeting the requirements of a combatant command or covered nation for product support in a contested logistics environment; (2) a summary of impediments identified under subsection (b)(7) and specific recommendations for necessary changes to statutory, regulatory, policy, agency guidance, or current limita- tions on expenditure, transfer, or receipt of funds to carry out the product support activities under this pilot indefinitely; (3) a summary of waivers or exemptions identified under subsection (b)(8), along with any recommendations for changes to the processes for obtaining such waivers or exemptions; and (4) recommendations for improving the Program, including whether to extend or make the Program permanent. (f) DEVELOPMENT AND PROMULGATION OF DEPARTMENT OF DEFENSE GUIDANCE.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance imple- menting the Program. (g) SUNSET.—The authority under this section shall terminate on the date that is three years after the date of the enactment of this Act. (h) DEFINITIONS.—In this section: (1) CONTESTED LOGISTICS ENVIRONMENT.—The term ‘‘con- tested logistics environment’’ has the meaning given such term in section 2926 of title 10, United States Code. (2) COVERED NATIONS.—The term ‘‘covered nation’’ means— (A) Australia; (B) Canada; (C) New Zealand; (D) the United Kingdom of Great Britain and Northern Ireland; or (E) other nations as designated as a covered nation for the purposes of this Program by the Secretary. (3) COVERED PRODUCT SUPPORT PROVIDER.—The term ‘‘cov- ered product support provider’’ means— (A) a product support provider that includes an entity within the government of a covered nation; (B) a private sector product support provider; or (C) a product support integrator domiciled in the United States or a covered nation. (4) PRODUCT SUPPORT; PRODUCT SUPPORT INTEGRATOR; PRODUCT SUPPORT PROVIDER.—The terms ‘‘product support’’, ‘‘product support integrator’’, and ‘‘product support provider’’ Deadline. Summaries. Recommenda- tions. Contracts. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00207 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 342 PUBLIC LAW 118–31—DEC. 22, 2023 have the meanings given, respectively, in section 4324 of title 10, United States Code. (5) PRODUCT SUPPORT ARRANGEMENT.— (A) IN GENERAL.—The term ‘‘product support arrange- ment’’ means a contract, task order, or any other type of agreement or arrangement, between the United States and a covered product support provider, for the perform- ance of the functions described in subparagraph (B) with respect to— (i) a platform or information system operated by the United States and the covered nation of such cov- ered product support provider; or (ii) a subsystem or components of such a platform or information system. (B) FUNCTIONS DESCRIBED.—The functions described in this subparagraph, with respect to a platform, informa- tion system, subsystem, or component described in subpara- graph (A), are the following: (i) Performance-based logistics. (ii) Sustainment support. (iii) Contractor logistics support. (iv) Life-cycle product support. (v) Weapon system product support. (6) PROGRAM.—The term ‘‘Program’’ means the demonstra- tion and prototyping program established under subsection (a). (7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Defense. SEC. 843. SPECIAL AUTHORITY FOR RAPID CONTRACTING FOR COM- MANDERS OF COMBATANT COMMANDS. (a) IN GENERAL.—The commander of a combatant command, upon providing a written determination to a senior contracting official (as defined in section 1737 of title 10, United States Code), may request use of the special authorities described in subsection (b)— (1) in support of a contingency operation (as defined in section 101(a) of title 10, United States Code); (2) to facilitate the defense against or recovery from a cyber attack, nuclear attack, biological attack, chemical attack, or radiological attack against the United States; (3) in support of a humanitarian or peacekeeping operation (as the term is defined in section 3015(2) of title 10, United States Code); and (4) for purposes of protecting the national security interests of the United States during directed operations that are below the threshold of traditional armed conflict. (b) SPECIAL AUTHORITIES DESCRIBED.—The special authorities for contracting that may be used by the senior contracting official to rapidly respond to time-sensitive or unplanned emergency situa- tions are as follows: (1) Procedures applicable to purchases below micro-pur- chase threshold (described in section 1902 of title 41, United States Code), with respect to a single contracting action taken under subsection (a) for a contract to be awarded and per- formed, or purchase to be made— (A) in the United States, with a value less than $15,000; or Determination. 10 USC 3601 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00208 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 343 PUBLIC LAW 118–31—DEC. 22, 2023 (B) outside the United States, with a value less than $25,000. (2) Simplified acquisition procedures (described in section 1901 of title 41, United States Code), with respect to a single contracting action taken under subsection (a) for a contract to be awarded and performed, or purchase to be made— (A) in the United States, with a value less than $750,000; or (B) outside the United States, with a value less than $1,500,000. (3) For simplified procedures for purchases under section 3205 of title 10, United States Code, subsection (a)(2) of such section shall be applied by substituting ‘‘$10,000,000’’ for ‘‘$5,000,000’’. (4) The property or service being procured may be treated as a commercial product or a commercial service for the purpose of carrying out the procurement. (c) DETERMINATION.—A written determination required under subsection (a)— (1) may include more than one requested action; (2) may be directed to more than one senior contracting official; and (3) shall include— (A) the rationale for the request in accordance with paragraphs (1) through (4) of such subsection; (B) a description of any special authority requested; and (C) an attestation that funds are available for such special authority. (d) SUNSET.—The authority under subsection (a) shall terminate on September 30, 2028. (e) ANNUAL REPORT.—Not later than January 15, 2025, 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 the use of the authority under this section for the fiscal year preceding the date of submission of the report. The report shall include a summary of each instance of the authority being used, including— (1) an identification of each commander submitting a request under subsection (a); (2) an identification of each senior contracting official responding to such request; and (3) the specific special authority requested, including an identification of the contractor that performed the contract and the value of the contract. Subtitle E—Industrial Base Matters SEC. 851. ADDITIONAL NATIONAL SECURITY OBJECTIVES FOR THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. Section 4811(a)(9) of title 10, United States Code, is amended— (1) by inserting ‘‘services, supplies, and’’ before ‘‘materials’’; and (2) by inserting before the period at the end the following: ‘‘, including by reducing reliance on potential adversaries for Summary. Applicability. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00209 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 344 PUBLIC LAW 118–31—DEC. 22, 2023 such services, supplies, and materials to the maximum extent practicable’’. SEC. 852. DEPARTMENT OF DEFENSE MENTOR-PROTEGE PROGRAM. Section 4902(e) of title 10, United States Code, is amended— (1) in paragraph (1), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (2) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and (B), respectively; (3) by striking ‘‘Before providing assistance’’ and inserting ‘‘(1) Before providing assistance’’; and (4) by adding at the end the following new paragraph: ‘‘(2) An agreement under this subsection may be a contract, cooperative agreement, or a partnership intermediary agreement.’’. SEC. 853. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSIST- ANCE PROGRAM. (a) DEFINITIONS.—Section 4951 of title 10, United States Code, is amended— (1) in paragraph (1)(C), by striking ‘‘private, nonprofit organization’’ and inserting ‘‘nonprofit organization’’; and (2) by adding at the end the following new paragraph: ‘‘(5) The term ‘business entity’ means a corporation, associa- tion, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity.’’. (b) COOPERATIVE AGREEMENTS.—Section 4954 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and (B); (B) by inserting ‘‘(1)’’ before ‘‘Under’’; and (C) by adding at the end the following new paragraph: ‘‘(2) The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program.’’; (2) by striking subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e); and (3) by inserting after subsection (e), as redesignated by paragraph (2), the following new subsection: ‘‘(f) WAIVER OF GOVERNMENT COST SHARE RESTRICTION.—If the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination.’’. (c) AUTHORITY TO PROVIDE CERTAIN TYPES OF TECHNICAL ASSISTANCE.—Section 4958(c) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ‘‘; and’’ and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ‘‘(3) under clause 252.204–7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor require- ments); and Submission. Determination. Waiver authority. Determination. Contracts. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00210 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 345 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(4) under section 847 of the National Defense Authoriza- tion Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements).’’. SEC. 854. MODIFICATION OF EFFECTIVE DATE FOR EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN METAL PROD- UCTS. Section 844(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283; 134 Stat. 3766) is amended by striking ‘‘5 years’’ and inserting ‘‘6 years’’. SEC. 855. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUP- PORT AND SERVICES FOR WEAPONS SYSTEMS CONTRAC- TORS. Section 883 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4292 note prec.) is amended— (1) in subsection (a), by striking ‘‘seven-year pilot program’’ and inserting ‘‘eight-year pilot program’’; and (2) in subsection (g), by striking ‘‘seven years’’ and inserting ‘‘eight years’’. SEC. 856. PILOT PROGRAM TO ANALYZE AND MONITOR CERTAIN SUPPLY CHAINS. (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall establish and carry out a pilot program to analyze, map, and monitor supply chains for up to five covered weapons platforms, under which the Under Secretary shall— (1) identify impediments to production and opportunities to expand the production of components of such a covered weapons platform; (2) identify potential risks to and vulnerabilities of sup- pliers for such covered weapons platforms and ways to mitigate such risks; and (3) identify critical suppliers for such covered weapons plat- forms. (b) USE OF TOOLS.—The Under Secretary may use a combina- tion of commercial tools and tools available to the Department of Defense to carry out the program established under this section, including artificial intelligence and machine learning tools to improve data analysis capabilities for such supply chains. (c) ANNUAL REPORTS.—Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified in subsection (d), the Under Secretary shall submit to the congressional defense committees a report containing— (1) a list of the vulnerabilities of the supply chains for each covered weapons platform selected under subsection (a), categorized by severity of threat or risk to deployment of such a platform; (2) for each vulnerability, a description of such vulner- ability, whether such vulnerability has been resolved, and, if resolved, the time from identification to resolution; and (3) an assessment of any efficiencies achieved by addressing impediments to the supply chain. Assessment. List. Deadline. 10 USC note prec. 3241. 10 USC 4872 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00211 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 346 PUBLIC LAW 118–31—DEC. 22, 2023 (d) TERMINATION.—The authority to carry out the pilot program under this section shall terminate on January 1, 2028. (e) COVERED WEAPONS PLATFORM DEFINED.—In this section, the term ‘‘covered weapons platform’’ means any weapons platform identified in the reports submitted under section 1251(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note). SEC. 857. DEPARTMENT OF DEFENSE NOTIFICATION OF CERTAIN TRANSACTIONS. The parties to a proposed merger or acquisition that will require a review by the Department of Defense who are required to file the notification and provide supplementary information to the Department of Justice or the Federal Trade Commission under section 7A of the Clayton Act (15 U.S.C. 18a) shall concurrently provide such information to the Department of Defense during the waiting period under section 7A of the Clayton Act (15 U.S.C. 18a). Subtitle F—Small Business Matters SEC. 860. AMENDMENTS TO DEFENSE RESEARCH AND DEVELOPMENT RAPID INNOVATION PROGRAM. Section 4061 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting ‘‘to enable and assist small businesses’’ after ‘‘merit-based program’’; (ii) by striking ‘‘fielding of technologies’’ and inserting ‘‘commercialization of various technologies, including critical technologies’’; and (iii) by inserting ‘‘capabilities developed through competitively awarded prototype agreements’’ after ‘‘defense laboratories,’’; and (B) in paragraph (2), by inserting ‘‘support the integra- tion of such products,’’ after ‘‘evaluation outcomes,’’; (2) in subsection (b)— (A) in paragraph (1), by inserting ‘‘primarily major defense acquisition programs, but also other’’ after ‘‘can- didate proposals in support of’’; and (B) in paragraph (2), by striking ‘‘by each military department’’ and inserting ‘‘by each Office of Small Busi- ness Programs of each military department’’; and (3) in subsection (d)(2), by striking ‘‘$3,000,000’’ and inserting ‘‘$6,000,000’’. SEC. 861. ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE DEPARTMENT OF DEFENSE. Section 279(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283; 134 Stat. 3507) is amended by striking ‘‘each fiscal years 2021, 2022, and 2023’’ and replacing with ‘‘each fiscal year through fiscal year 2028’’. SEC. 862. PAYMENT OF SUBCONTRACTORS. (a) IN GENERAL.—Section 8(d)(13) of the Small Business Act (15 U.S.C. 637(d)(13)) is amended— 15 USC 18a note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00212 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 347 PUBLIC LAW 118–31—DEC. 22, 2023 (1) in subparagraph (B)(i), by striking ‘‘90 days’’ and inserting ‘‘30 days’’; (2) in subparagraph (C)— (A) by striking ‘‘contract shall’’ and inserting ‘‘con- tract— ‘‘(i) shall’’; (B) in clause (i), as so designated, by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(ii) may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor subject to this paragraph before or after close-out of the covered contract.’’; (3) in subparagraph (D), by striking ‘‘subparagraph (E)’’ and inserting ‘‘subparagraph (F)’’; (4) by redesignating subparagraph (E) as subparagraph (F); and (5) by inserting after subparagraph (D) the following: ‘‘(E) COOPERATION.— ‘‘(i) IN GENERAL.—Once a contracting officer deter- mines, with respect to the past performance of a prime contractor, that there was an unjustified failure by the prime contractor on a covered contract to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), the prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Pro- grams or the Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Government, regarding correcting and mitigating the unjustified failure to make a full or timely payment to a subcon- tractor. ‘‘(ii) DURATION.—The duty of cooperation under this subparagraph for a prime contractor described in clause (i) continues until the subcontractor is made whole or the determination of the contracting officer determination is no longer effective, and regardless of performance or close-out status of the covered con- tract.’’. (b) REGULATIONS.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Federal Acquisition Regulatory Council proposed revisions to regula- tions that the Administrator determines necessary to carry out the amendments made by this section. SEC. 863. INCREASE IN GOVERNMENTWIDE GOAL FOR PARTICIPATION IN FEDERAL CONTRACTS BY SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VET- ERANS. Section 15(g)(1)(A)(ii) of the Small Business Act (15 U.S.C. 644(g)(1)(A)(ii)) is amended by striking ‘‘3 percent’’ and inserting ‘‘5 percent’’. SEC. 864. ELIMINATING SELF-CERTIFICATION FOR SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES. (a) DEFINITIONS.—In this section: 15 USC 644 note. Deadline. Determination. 15 USC 637 note. Determination. Requirement. Consultation. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00213 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 348 PUBLIC LAW 118–31—DEC. 22, 2023 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Small Business Administration. (2) SMALL BUSINESS CONCERN; SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.—The terms ‘‘small business concern’’ and ‘‘small business concerns owned and controlled by service-disabled veterans’’ have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632). (b) ELIMINATING SELF-CERTIFICATION IN PRIME CONTRACTING AND SUBCONTRACTING FOR SDVOSBS.— (1) IN GENERAL.—Each prime contract award and sub- contract award that is counted for the purpose of meeting the goals for participation by small business concerns owned and controlled by service-disabled veterans in procurement con- tracts for Federal agencies, as established in section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)), shall be entered into with small business concerns certified by the Administrator as small business concerns owned and controlled by service- disabled veterans under section 36 of such Act (15 U.S.C. 657f). (2) EFFECTIVE DATE.—Paragraph (1) shall take effect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations required under subsection (d). (c) PHASED APPROACH TO ELIMINATING SELF-CERTIFICATION FOR SDVOSBS.—Notwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans may— (1) if the small business concern files a certification applica- tion with the Administrator before the end of the 1-year period beginning on the date of the enactment of this Act, maintain such self-certification until the Administrator makes a deter- mination with respect to such certification; and (2) if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self-certification of the small business con- cern as a small business concern owned and controlled by service-disabled veterans. (d) RULEMAKING.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall promulgate regu- lations to carry out this section. SEC. 865. CONSIDERATION OF THE PAST PERFORMANCE OF AFFILIATE COMPANIES OF SMALL BUSINESS CONCERNS. Not later than July 1, 2024, the Secretary of Defense shall amend section 215.305 of the Defense Federal Acquisition Supple- ment (or any successor regulation) to require that when small business concerns bid on Department of Defense contracts, the past performance evaluation and source selection processes shall consider, if relevant, the past performance information of affiliate companies of the small business concerns. Deadline. Requirements. Contracts. 10 USC 3301 note. Deadline. Time periods. Determination. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00214 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 349 PUBLIC LAW 118–31—DEC. 22, 2023 Subtitle G—Other Matters SEC. 871. EXTENSION OF MISSION MANAGEMENT PILOT PROGRAM. Section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 191 note) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking ‘‘IN GENERAL.—Except’’ and inserting the following: ‘‘IN GENERAL.— ‘‘(A) SELECTION.—Except’’; and (ii) by adding at the end the following new subparagraph: ‘‘(B) DELEGATION OF OVERSIGHT AND MANAGEMENT.— The Deputy Secretary of Defense may delegate to one or more mission managers the responsibility to oversee the selected missions and provide mission management.’’; and (B) by adding at the end the following new paragraph: ‘‘(4) IDENTIFICATION OF FUNDING.—For each mission selected under paragraph (1), the Deputy Secretary of Defense shall identify funding sources in detail in defense budget mate- rials submitted to Congress pursuant to section 1105 of title 31, United States Code, for the first year for which the selected mission is intended to be carried out. Such materials shall also include a description of each such selected mission and the proposed solution to achieve the goals of such mission.’’; (2) in subsection (c)(2)— (A) in subparagraph (E), by striking ‘‘; and’’ and inserting a semicolon; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: ‘‘(F) assist the Deputy Secretary of Defense in the identification of funding that could contribute to the mis- sion through existing authorized methods to realign, reprogram, or transfer funds; and’’; (3) in subsection (f)(1)(A), by striking ‘‘every six months thereafter until the date that is five years after the date of the enactment of this Act’’ and inserting ‘‘annually thereafter until September 30, 2028’’; and (4) in subsection (h), by striking ‘‘terminate on the date that is five years after the date of the enactment of this Act’’ and inserting ‘‘terminate on September 30, 2028’’. SEC. 872. EXTENSION OF PILOT PROGRAM TO INCENTIVIZE CON- TRACTING WITH EMPLOYEE-OWNED BUSINESSES. Section 874 of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 3204 note) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting ‘‘and prescribe regu- lations’’ after ‘‘establish a pilot program’’; (B) in paragraph (2)— (i) by inserting ‘‘or for’’ after ‘‘services procured by’’; and (ii) by inserting ‘‘or for’’ after ‘‘may be procured by’’; and VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00215 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 350 PUBLIC LAW 118–31—DEC. 22, 2023 (C) in paragraph (3), by striking ‘‘A qualified’’ and inserting ‘‘Each contract held by a qualified’’; (2) in subsection (c)(2), by striking ‘‘expended on sub- contracts, subject to such necessary and reasonable waivers’’ and inserting the following: ‘‘expended on subcontracts, except— ‘‘(A) to the extent subcontracted amounts exceeding 50 percent are subcontracted to other qualified businesses wholly-owned through an Employee Stock Ownership Plan; ‘‘(B) in the case of contracts for products, to the extent subcontracted amounts exceeding 50 percent are for mate- rials not available from another qualified business wholly- owned through an Employee Stock Ownership Plan; or ‘‘(C) pursuant to such necessary and reasonable waivers’’; and (3) in subsection (e), by striking ‘‘five years after’’ and inserting ‘‘eight years after’’. SEC. 873. PROGRAM AND PROCESSES RELATING TO FOREIGN ACQUISI- TION. (a) PILOT PROGRAM FOR COMBATANT COMMAND USE OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT.—Each com- mander of a geographic combatant command may use amounts from the Defense Acquisition Workforce Development Account established under section 1705 of title 10, United States Code, to hire not more than two members of the acquisition workforce (as defined in section 101 of such title) or contracting officers to advise the combatant command on the processes for foreign military sales authorized under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) and the Department of Defense security cooperation processes under chapter 16 of title 10, United States Code, for the purpose of facilitating the effective implementa- tion of such processes. (b) INDUSTRY DAY.— (1) IN GENERAL.—Not later than March 1, 2024, and not less frequently than annually thereafter, the Secretary of Defense shall conduct an event to be known as the ‘‘industry day’’— (A) to raise awareness and understanding among offi- cials of foreign governments, covered embassy personnel, and representatives of the defense industrial base with respect to the role of the Department of Defense in imple- menting the foreign military sales process and the Depart- ment of Defense security cooperation process; and (B) to raise awareness— (i) within the private sector of the United States with respect to— (I) foreign demand for United States weapon systems; and (II) potential foreign industry partnering opportunities; and (ii) among officials of foreign governments and cov- ered embassy personnel with respect to potential United States materiel solutions for capability needs. (2) FORMAT.—In conducting each industry day under para- graph (1), the Secretary of Defense, to the extent practicable, shall seek to maximize participation by representatives of the Public information. Deadlines. 10 USC 301 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00216 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 351 PUBLIC LAW 118–31—DEC. 22, 2023 defense industrial base and government officials while mini- mizing cost, by— (A) ensuring that information provided at the industry day is unclassified; (B) making the industry day publicly accessible through teleconference or other virtual means; and (C) posting any supporting materials on a publicly accessible internet website. (3) COVERED EMBASSY PERSONNEL.—In this subsection, the term ‘‘covered embassy personnel’’ means personnel at United States diplomatic and consular posts and personnel of foreign missions located in the United States. (c) SENIOR-LEVEL INDUSTRY ADVISORY GROUP.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with representatives of the defense industrial base, shall establish or designate senior-level individuals working in the defense industrial base to serve on an advisory group for the purpose of focusing on the role of the Department of Defense in the foreign military sales process and the Department of Defense security cooperation process. Such advisory group shall terminate on the date specified in subsection (f). (d) DEPARTMENT OF DEFENSE POINTS OF CONTACT FOR FOREIGN MILITARY SALES.— (1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each designate an individual to serve as a single point of contact— (A) to coordinate information and outreach on Depart- ment of Defense implementation of the foreign military sales process; and (B) to respond to inquiries from representatives of the defense industrial base and partner countries. (2) POINTS OF CONTACT.—The Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each ensure that the contact informa- tion for each individual designated under paragraph (1) is publicized at each industry day conducted under subsection (b) and disseminated among the members of the advisory group established under subsection (c). (3) TERMINATION.—The responsibilities of each individual designated under paragraph (1) shall terminate on the date specified in subsection (f). (e) REGIONAL THEATER NEEDS FOR EXPORTABILITY.—Not later than July 1, 2024, and annually thereafter until the date specified in (f), the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the commander of each geographic combatant command, the Director of Strategy, Plans, and Policy on the Joint Staff, each Secretary of a military depart- ment, and the Secretary of State, shall provide to the Secretary of Defense a list of systems relating to research and development, procurement, or sustainment that would benefit from investment for exportability features in support of the security cooperation objectives of the regional theaters. (f) TERMINATION.—The requirements of and the authority under this section shall cease to have effect on December 31, 2028. List. Definition. Web posting. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00217 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 352 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 874. PILOT PROGRAM TO INCENTIVIZE PROGRESS PAYMENTS. (a) PILOT PROGRAM.—The Under Secretary of Defense for Acquisition and Sustainment shall establish and implement a pilot program to incentivize contractor performance by paying covered contractors a progress payment rate that is up to 10 percent higher than the customary progress payment rate on a contract-by-contract basis. (b) INCENTIVE CRITERIA.—The Under Secretary shall develop and establish clear and measurable criteria for the payment to contractors of higher progress payments as described in subsection (a), including criteria for qualifying for such payments and the amount of such payments. (c) APPLICABILITY.—The Under Secretary shall apply the cri- teria established under subsection (b) and any associated incentive on a contract-by-contract basis when determining whether to pay a contractor a higher progress payment under the pilot program established under subsection (a) and the amount of such payment. (d) PARTICIPATION VOLUNTARY.—Participation in the pilot pro- gram established under subsection (a) shall be on a voluntary basis. (e) NOTICE AND COMMENT.—The Under Secretary shall issue the regulations implementing the pilot program established under subsection (a) and establishing the criteria required by subsection (b) after notice and an opportunity for public comment of not more than 30 days. (f) REPORT.—Not later than September 30, 2024, and annually thereafter, the Under Secretary for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation and activities of the pilot program established under subsection (a), including a comprehensive list of contractors that received increased progress payments under the pilot program and the contracts with respect to which such increased progress payments were made. (g) DEFINITIONS.—In this section: (1) COVERED CONTRACTOR.—The term ‘‘covered contractor’’ means a contractor of the Department of Defense that is eligible for progress payments under section 3804 of title 10, United States Code. (2) CUSTOMARY PROGRESS PAYMENT RATE.—The term ‘‘cus- tomary progress payment rate’’ refers to the rate of progress payments provided for under section 3804 of title 10, United States Code, and payable in accordance with the applicable provisions of the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. (3) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means the Under Secretary for Acquisition and Sustainment. (h) SUNSET.— (1) IN GENERAL.—Except as provided by paragraph (2), the authority to carry out the pilot program established under subsection (a) shall terminate on January 1, 2029. (2) EXISTING CONTRACTS.—Notwithstanding paragraph (1), a contractor that the Under Secretary determines under the pilot program established under subsection (a) shall be paid a higher progress payment under such pilot program with respect to a contract in effect as of the date described in paragraph (1) shall receive such higher progress payments until the earlier of— List. Public comment. Deadline. 10 USC 3804 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00218 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 353 PUBLIC LAW 118–31—DEC. 22, 2023 (A) the termination or expiration of the contract; or (B) the date on which the contractor becomes ineligible for progress payments or higher progress payments under such pilot program. SEC. 875. STUDY ON REDUCING BARRIERS TO ACQUISITION OF COMMERCIAL PRODUCTS AND SERVICES. (a) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall conduct a study on the feasibility and advisability of— (1) establishing a default determination that products and services acquired by the Department of Defense are commercial and do not require commercial determination as provided under section 3456 of title 10, United States Code; (2) establishing a requirement for a product or service to be determined not to be a commercial product or service prior to the use of procedures other than procedures under part 12 of the Federal Acquisition Regulation; and (3) mandating the use of commercial procedures under part 12 of the Federal Acquisition Regulation unless a justifica- tion for a determination that a product or service is not a commercial product or service is determined. (b) 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 on the findings of the study conducted under subsection (a). The report shall include specific findings with relevant data and proposed recommendations, including any necessary and desirable modifications to applicable statute for any changes the Department seeks to make regarding paragraphs (1) through (3) of subsection (a). TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Conforming amendments to carry out elimination of position of Chief Management Officer. Sec. 902. Modification of responsibilities of Director of Cost Assessment and Pro- gram Evaluation. Sec. 903. Establishment of Office of Strategic Capital. Sec. 904. Establishment and assignment of roles and responsibilities for combined joint all-domain command and control in support of integrated joint warfighting. Sec. 905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Subtitle B—Other Department of Defense Organization and Management Matters Sec. 911. Additional requirements under general policy for total force management. Sec. 912. Addition of College of International Security Affairs to National Defense University. Sec. 913. Codification of the Defense Innovation Unit. Sec. 914. Repeal of authority to appoint a Naval Research Advisory Committee. Sec. 915. Eligibility of members of Space Force for instruction at the Naval Post- graduate School. Sec. 916. Membership of the Air Force Reserve Forces Policy Committee. Sec. 917. Modification of cross-functional team to address emerging threat relating to anomalous health incidents. Sec. 918. Technology release and foreign disclosure reform initiative. Sec. 919. Software-based capability to facilitate scheduling between the Depart- ment of Defense and Congress. Sec. 920. Metrics to operationalize audit readiness. Data. Recommenda- tions. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00219 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 354 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 921. Next generation business health metrics. Sec. 922. Independent assessment of defense business enterprise architecture. Sec. 923. Future force design of the Department of the Air Force. Sec. 924. Feasibility study on the consolidation or transfer of space functions of the National Guard to the Space Force. Subtitle A—Office of the Secretary of Defense and Related Matters SEC. 901. CONFORMING AMENDMENTS TO CARRY OUT ELIMINATION OF POSITION OF CHIEF MANAGEMENT OFFICER. (a) REMOVAL OF REFERENCES TO CHIEF MANAGEMENT OFFICER IN PROVISIONS OF LAW RELATING TO PRECEDENCE.—Chapter 4 of title 10, United States Code, is amended— (1) in section 133a(c)— (A) in paragraph (1), by striking ‘‘, the Deputy Sec- retary of Defense, and the Chief Management Officer of the Department of Defense’’ and inserting ‘‘and the Deputy Secretary of Defense’’; and (B) in paragraph (2), by striking ‘‘the Chief Manage- ment Officer,’’; (2) in section 133b(c)— (A) in paragraph (1), by striking ‘‘the Chief Manage- ment Officer of the Department of Defense,’’; and (B) in paragraph (2), by striking ‘‘the Chief Manage- ment Officer,’’; (3) in section 137a(d), by striking ‘‘the Chief Management Officer of the Department of Defense,’’; and (4) in section 138(d), by striking ‘‘the Chief Management Officer of the Department of Defense,’’. (b) ASSIGNMENT OF PERIODIC REVIEW OF DEFENSE AGENCIES AND DOD FIELD ACTIVITIES TO SECRETARY OF DEFENSE.—Section 192(c) of such title is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking ‘‘the Chief Management Officer of the Department of Defense’’ and inserting ‘‘the Secretary of Defense’’; and (B) in subparagraphs (B) and (C), by striking ‘‘the Chief Management Officer’’ and inserting ‘‘the Secretary’’; and (2) in paragraph (2), by striking ‘‘the Chief Management Officer’’ each place it appears and inserting ‘‘the Secretary’’. (c) ASSIGNMENT OF RESPONSIBILITY FOR FINANCIAL IMPROVE- MENT AND AUDIT REMEDIATION TO UNDER SECRETARY OF DEFENSE (COMPTROLLER).—Section 240b of such title is amended— (1) in subsection (a)(1), by striking ‘‘The Chief Management Officer of the Department of Defense shall, in consultation with the Under Secretary of Defense (Comptroller),’’ and inserting ‘‘The Under Secretary of Defense (Comptroller) shall, in consultation with the Performance Improvement Officer of the Department of Defense,’’; and (2) in subsection (b)(1)(C)(ii), by striking ‘‘the Chief Manage- ment Officer’’ and inserting ‘‘the Performance Improvement Officer’’. (d) REMOVAL OF CHIEF MANAGEMENT OFFICER AS RECIPIENT OF REPORTS OF AUDITS BY EXTERNAL AUDITORS.—Section VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00220 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 355 PUBLIC LAW 118–31—DEC. 22, 2023 240d(d)(1)(A) of such title is amended by striking ‘‘and the Chief Management Officer of the Department of Defense’’. (e) CONFORMING AMENDMENTS TO PROVISIONS OF LAW RELATED TO FREEDOM OF INFORMATION ACT EXEMPTIONS.—Such title is fur- ther amended— (1) in section 130e— (A) by striking subsection (d); (B) by redesignating subsections (e) and (f) as sub- sections (d) and (e), respectively; and (C) in subsection (d), as so redesignated— (i) by striking ‘‘, or the Secretary’s designee,’’; and (ii) by striking ‘‘, through the Office of the Director of Administration and Management’’; and (2) in section 2254a— (A) by striking subsection (c); (B) by redesignating subsection (d) as subsection (c); and (C) in subsection (c), as so redesignated— (i) by striking ‘‘, or the Secretary’s designee,’’; and (ii) by striking ‘‘, through the Office of the Director of Administration and Management’’. (f) ASSIGNMENT OF RESPONSIBILITY FOR ANNUAL REVIEW OF AGENCY INFORMATION TECHNOLOGY PORTFOLIO TO THE CHIEF INFORMATION OFFICER.—Section 11319(d)(4) of title 40, United States Code, is amended, in the second sentence, by striking ‘‘the Chief Management Officer of the Department of Defense (or any successor to such Officer), in consultation with the Chief Informa- tion Officer, the Under Secretary of Defense for Acquisition and Sustainment, and’’ and inserting ‘‘the Chief Information Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and’’. (g) REMOVAL OF CHIEF MANAGEMENT OFFICER AS REQUIRED COORDINATOR ON DEFENSE RESALE MATTERS.—Section 631(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2481 note) is amended by striking ‘‘, in coordination with the Chief Management Officer of the Department of Defense,’’. SEC. 902. MODIFICATION OF RESPONSIBILITIES OF DIRECTOR OF COST ASSESSMENT AND PROGRAM EVALUATION. (a) IN GENERAL.—Section 139a of title 10, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (5)— (i) by striking ‘‘, ensuring’’ and inserting ‘‘and ensuring’’; and (ii) by striking ‘‘, and assessing’’ and all that follows through ‘‘economy’’; and (B) in paragraph (8), by inserting after ‘‘defense resources’’ the following: ‘‘, including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of phys- ical attributes or other data for modeling and simulation purposes’’; and (2) by adding at the end the following new subsections: ‘‘(e) PROGRAM EVALUATION COMPETITIVE ANALYSIS CELL.— Deadlines. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00221 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 356 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(1) Not later than June 1, 2024, the Secretary of Defense shall establish a team, to be known as the ‘Program Evaluation Competitive Analysis Cell’ (referred to in this subsection as the ‘Cell’), to critically assess the analytical methodologies, assumptions, and data used in key strategic and operational analyses conducted by the Director of Cost Assessment and Program Evaluation. ‘‘(2) The Secretary of Defense shall— ‘‘(A) designate an individual to serve as the head of the Cell; and ‘‘(B) ensure that the Cell has a sufficient number of personnel to carry out the duties described in this sub- section. ‘‘(3) The Cell shall be independent of the Director of Cost Assessment and Program Evaluation. The head of the Cell shall report directly to the Secretary of Defense or the Deputy Secretary of Defense. ‘‘(4)(A) Not less frequently than once every two years, the Cell shall conduct an alternative operational or strategic anal- ysis of an analytical question identified by the Chairman of the Joint Chiefs of Staff under subparagraph (B). In conducting such alternative analysis, the Cell shall use assumptions dif- ferent from the assumptions used by the Director of Cost Assessment and Program Evaluation for the original analysis of such question. ‘‘(B) For purposes of each alternative analysis required under subparagraph (A), at an appropriate time before the commencement of such analysis— ‘‘(i) the Director of the Joint Staff shall submit to the Chairman of the Joint Chiefs of Staff a list of not fewer than three operational or strategic questions pre- viously studied by the Director of Cost Assessment and Program Evaluation that could potentially serve as the basis of for such alternative analysis; and ‘‘(ii) from such list, the Chairman shall select one ques- tion to serve as the basis for such analysis. ‘‘(f) INCLUSION OF RISK ESTIMATES IN CERTAIN SUBMISSIONS.— In any case in which the Director of Cost Assessment and Program Evaluation submits to the Secretary of Defense an analytical product that recommends not meeting or changing a requirement established by the Joint Requirements Oversight Council, the Director shall include with such submission— ‘‘(1) a risk assessment that assesses any risks of the rec- ommended course of action with respect to the execution of operational plans and the long-term ability of the armed forces to meet the needs of combatant commanders (as determined by the Secretary of Defense); and ‘‘(2) a risk estimate from the military service in question that assesses the risks described in paragraph (1). ‘‘(g) ANNUAL REPORTS.— ‘‘(1) IN GENERAL.—Not later than February 1, 2024, and annually thereafter, the Director of Cost Assessment and Pro- gram Evaluation shall submit to the congressional defense committees a report on any strategic and operational analyses conducted under paragraphs (2), (3), (6), (7), or (8) of subsection (d). Each report shall include— Reviews. List. Designation. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00222 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 357 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(A) a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report; ‘‘(B) a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and ‘‘(C) a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report. ‘‘(2) FORM.—Each report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary. ‘‘(3) BRIEFINGS.—Not later than 15 days after the submis- sion of each report required by paragraph (1), the Director of Cost Assessment and Program Evaluation shall provide to the congressional defense committees a briefing on the contents of the report. ‘‘(h) QUARTERLY BRIEFINGS.—Beginning not later than 30 days after the date of the enactment of this subsection, and on a quarterly basis thereafter, the Director of Cost Assessment and Program Evaluation shall provide to the congressional defense committees a briefing on the activities carried out by Director during the preceding quarter an any ongoing activities of the Director as of the date of briefing.’’. (b) PILOT PROGRAM ON ALTERNATIVE ANALYSIS.— (1) IN GENERAL.—Not later than May 1, 2024, the Director of Cost Assessment and Program Evaluation shall establish a pilot program on alternative analysis (referred to in this subsection as the ‘‘pilot program’’). (2) STRUCTURE.—Under the pilot program, the Director shall establish three analytical groups focused on programmatic analysis in the following: (A) Year 1 of the future-years defense program under section 221 of title 10, United States Code, beginning with fiscal year 2025. (B) Years 2 through 5 of the future-years defense pro- gram. (C) Years outside the future-years defense program. (3) REQUIREMENTS.—The Director shall ensure that at least one strategic portfolio review or an equivalent analytical effort is conducted each year under the pilot program. (4) TERMINATION.—The pilot program shall terminate on September 30, 2028. (c) ESTABLISHMENT OF ANALYSIS WORKING GROUP.— (1) IN GENERAL.—Not later than May 1, 2024, the Secretary of Defense shall establish within the Department of Defense a working group to be known as the ‘‘Analysis Working Group’’. (2) PERSONNEL.—The Secretary of Defense shall ensure that the Analysis Working Group possesses sufficient full-time equivalent support personnel to carry out the duties of the Group, including expansive coordination activities across the Department of Defense. (3) MEMBERSHIP.— Establishment. Time periods. 10 USC 139a note. Classified information. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00223 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 358 PUBLIC LAW 118–31—DEC. 22, 2023 (A) REGULAR MEMBERS.—The Analysis Working Group shall be composed of at least one representative from each of the following components of the Department of Defense: (i) The Office of the Director of Cost Assessment and Program Evaluation. (ii) The Directorate for Joint Force Development (J7) of the Joint Staff. (iii) The Directorate for Force Structure, Resources, and Assessment (J8) of the Joint Staff. (iv) The Office of the Secretary of Defense for Policy. (v) The Chief Digital and Artificial Intelligence Office. (B) OBSERVERS.—At least one representative from each of the following commands shall serve as observers of the Analysis Working Group: (i) The United States Indo-Pacific Command. (ii) The United States European Command. (iii) The United States Central Command. (4) DUTIES.—The Analysis Working Group shall— (A) establish clear priorities and standards to focus analysts on decision support; (B) improve transparency of methodologies, tools, and tradecraft across the analytic community, including testing and validation for new or emerging methodologies, tools, and tradecraft; (C) improve quality of and expand access to data, including evaluation of new data sets, or application of existing data sets in new or novel ways; (D) evolve the methodologies, tools, and tradecraft methods and tools used in strategic analysis; (E) resolve classified access and infrastructure chal- lenges; (F) foster a workforce and organizations that are innovative, creative, and provide high-quality strategic decision support; and (G) carry out such other activities as the Secretary of Defense determines appropriate. (d) RULE OF CONSTRUCTION.—Nothing in subsection (b) or (c) shall be construed to interfere with the authority of the Chiefs of Staff of the Armed Forces to establish military requirements, performance requirements, and joint performance requirements, or the authority of the Joint Requirements Oversight Council to vali- date such requirements under section 181 of title 10, United States Code. SEC. 903. ESTABLISHMENT OF OFFICE OF STRATEGIC CAPITAL. (a) ESTABLISHMENT OF OFFICE.—Chapter 4 of title 10, United States Code, as amended by section 241, is further amended by adding at the end the following new section: ‘‘§ 149. Office of Strategic Capital ‘‘(a) ESTABLISHMENT.—There is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the ‘Office’). ‘‘(b) DIRECTOR.—The Office shall be headed by a Director (in this section referred to as the ‘Director’), who shall be appointed 10 USC 149. 10 USC prec. 131. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00224 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 359 PUBLIC LAW 118–31—DEC. 22, 2023 by the Secretary from among employees in Senior Executive Service positions (as defined in section 3132 of title 5), or from outside the civil service who have successfully held equivalent positions. ‘‘(c) DUTIES.—The Office shall— ‘‘(1) develop, integrate, and implement capital investment strategies proven in the commercial sector to shape and scale investment in critical technologies and assets; ‘‘(2) identify and prioritize promising critical technologies and assets that require capital assistance and have the poten- tial to benefit the Department of Defense; and ‘‘(3) make eligible investments in such technologies and assets, such as supply chain technologies not always supported through direct investment. ‘‘(d) NON-FEDERAL FUNDING REQUIREMENTS FOR CERTAIN INVESTMENTS.—In the case of an eligible investment made through a direct loan, not less than 80 percent of the total capital provided for the specific technology to be funded by the investment shall be derived from non-Federal sources as of the time of the invest- ment. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘capital assistance’ means a loan, loan guar- antee, or technical assistance. ‘‘(2) The term ‘covered technology category’ means the fol- lowing: ‘‘(A) Advanced bulk materials. ‘‘(B) Advanced manufacturing. ‘‘(C) Autonomous mobile robots. ‘‘(D) Battery storage. ‘‘(E) Biochemicals. ‘‘(F) Bioenergetics. ‘‘(G) Biomass. ‘‘(H) Cybersecurity. ‘‘(I) Data fabric. ‘‘(J) Decision science. ‘‘(K) Edge computing. ‘‘(L) External communication. ‘‘(M) Hydrogen generation and storage. ‘‘(N) Mesh networks. ‘‘(O) Microelectronics assembly, testing, or packaging. ‘‘(P) Microelectronics design and development. ‘‘(Q) Microelectronics fabrication. ‘‘(R) Microelectronics manufacturing equipment. ‘‘(S) Microelectronics materials. ‘‘(T) Nanomaterials and metamaterials. ‘‘(U) Open RAN. ‘‘(V) Optical communications. ‘‘(W) Sensor hardware. ‘‘(X) Solar. ‘‘(Y) Space launch. ‘‘(Z) Spacecraft. ‘‘(AA) Space-enabled services and equipment. ‘‘(BB) Synthetic biology. ‘‘(CC) Quantum computing. ‘‘(DD) Quantum security. ‘‘(EE) Quantum sensing. ‘‘(3) The term ‘eligible entity’ means— ‘‘(A) an individual; Strategies. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00225 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 360 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(B) a corporation; ‘‘(C) a partnership, which may include a public-private partnership, limited partnership, or general partnership; ‘‘(D) a joint venture; ‘‘(E) a trust; ‘‘(F) a State, including a political subdivision or any other instrumentality of a State; ‘‘(G) a Tribal government or consortium of Tribal governments; ‘‘(H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; ‘‘(I) a multi-State or multi-jurisdictional group of public entities; or ‘‘(J) a strategic alliance among two or more entities described in subparagraphs (A) through (I). ‘‘(4) The term ‘eligible investment’ means an investment, in the form of capital assistance provided to an eligible entity, for a technology that— ‘‘(A) is in a covered technology category; and ‘‘(B) is not a technology that solely has defense applica- tions.’’. (b) PILOT PROGRAM ON CAPITAL ASSISTANCE TO SUPPORT DEFENSE INVESTMENT IN THE INDUSTRIAL BASE.— (1) CAPITAL ASSISTANCE.—To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Secretary of Defense, acting through the Director of the Office of Strategic Capital (referred to in this section as the ‘‘Director’’), may carry out a pilot program under this subsection to provide capital assistance to eligible entities for eligible investments to develop technologies that support the duties and elements of the Office and meet the needs of the Department of Defense. (2) ELIGIBILITY AND APPLICATION PROCESS.— (A) IN GENERAL.—An eligible entity seeking capital assistance for an eligible investment under this subsection shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (B) SELECTION OF INVESTMENTS.—The Director shall establish criteria for selecting among eligible investments for which applications are submitted under subparagraph (A). The criteria shall include— (i) the extent to which an investment supports the national security or economic interests of the United States; (ii) the likelihood that capital assistance provided for an investment would enable the investment to pro- ceed sooner than the investment would otherwise be able to proceed; and (iii) the creditworthiness of an investment. (3) CAPITAL ASSISTANCE.— (A) LOANS AND LOAN GUARANTEES.— Criteria. 10 USC 4811 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00226 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 361 PUBLIC LAW 118–31—DEC. 22, 2023 (i) IN GENERAL.—To the extent and in such amounts as specifically provided in advance in appro- priations Acts for the purposes detailed in this sub- section, the Director may provide loans or loan guaran- tees to finance or refinance the costs of an eligible investment selected pursuant to paragraph (2)(B). (ii) ADMINISTRATION OF LOANS.— (I) INTEREST RATE.— (aa) IN GENERAL.—Except as provided under item (bb), the interest rate on a loan provided under clause (i) shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the maturity of the loan on the date of execu- tion of the loan agreement. (bb) EXCEPTION.—The Director may waive the requirement under item (aa) with respect to an investment if the investment is deter- mined by the Secretary of Defense to be vital to the national security of the United States. (cc) CRITERIA.—The Director shall estab- lish separate and distinct criteria for interest rates for loan guarantees with private sector lending institutions. (II) FINAL MATURITY DATE.—The final maturity date of a loan provided under clause (i) shall be not later than 50 years after the date on which the loan was provided. (III) PREPAYMENT.—A loan provided under clause (i) may be paid earlier than is provided for under the loan agreement without a penalty. (IV) NONSUBORDINATION.— (aa) IN GENERAL.—A loan provided under clause (i) shall not be subordinated to the claims of any holder of investment obligations in the event of bankruptcy, insolvency, or liq- uidation of the obligor. (bb) EXCEPTION.—The Director may waive the requirement under item (aa) with respect to the investment in order to mitigate risks to loan repayment. (V) SALE OF LOANS.—The Director may sell to another entity or reoffer into the capital markets a loan provided under clause (i) if the Director determines that the sale or reoffering can be made on favorable terms. (VI) LOAN GUARANTEES.—Any loan guarantee provided under clause (i) shall specify the percent- age of the principal amount guaranteed. If the Secretary determines that the holder of a loan guaranteed by the Department of Defense defaults on the loan, the Director shall pay the holder as specified in the loan guarantee agreement. (VII) INVESTMENT-GRADE RATING.—The Director shall establish a credit rating system to ensure a reasonable reassurance of repayment. Waiver authority. Waiver authority. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00227 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 362 PUBLIC LAW 118–31—DEC. 22, 2023 The system may include use of existing credit rating agencies where appropriate. (VIII) TERMS AND CONDITIONS.—Loans and loan guarantees provided under clause (i) shall be subject to such other terms and conditions and contain such other covenants, representations, warranties, and requirements (including require- ments for audits) as the Secretary determines appropriate. (IX) APPLICABILITY OF FEDERAL CREDIT REFORM ACT OF 1990.—Loans and loan guarantees provided under clause (i) shall be subject to the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). (B) TECHNICAL ASSISTANCE.—Subject to appropriations Acts, the Director may provide technical assistance with respect to developing and financing investments to eligible entities seeking capital assistance for eligible investments and eligible entities receiving capital assistance under this subsection. (C) TERMS AND CONDITIONS.— (i) AMOUNT OF CAPITAL ASSISTANCE.—To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director shall provide to an eligible investment selected pursuant to para- graph (2)(B) the amount of capital assistance necessary to carry out the investment. (ii) USE OF UNITED STATES DOLLARS.—All financial transactions conducted under this section shall be con- ducted in United States dollars. (4) NON-FEDERAL FUNDING REQUIREMENTS.—The require- ments of section 149(d) of title 10, United States Code (as added by subsection (a)) shall apply to eligible investments under this subsection. (5) ESTABLISHMENT OF ACCOUNTS.— (A) CREDIT PROGRAM ACCOUNT.— (i) ESTABLISHMENT.—There is established in the Treasury of the United States a Department of Defense Credit Program Account to make and guarantee loans under this subsection in accordance with section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (ii) FUNDING.—The Credit Program Account shall consist of amounts appropriated pursuant to the authorization of appropriations. (B) USE OF FUNDS.—To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director is authorized to pay, from amounts in the Department of Defense Credit Program Account— (i) the cost, as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and loan guarantees and other capital assistance; (ii) administrative expenses associated with activi- ties under this section; (iii) project-specific transaction costs; and VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00228 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 363 PUBLIC LAW 118–31—DEC. 22, 2023 (iv) the cost of providing support authorized by this subsection. (6) REGULATIONS.—The Secretary of Defense may prescribe such regulations as the Secretary determines to be appropriate to carry out this subsection. (7) ANNUAL REPORT.—Not later than the first Monday in February of a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report describing activities carried out pursuant to this subsection in the preceding fiscal year and the goals of the Department of Defense in accordance with this subsection for the next fiscal year. (8) NOTIFICATION REQUIREMENT.—The Secretary of Defense shall notify the congressional defense committees not later than 30 days after a use of loans, loan guarantees, or technical assistance under this subsection. (9) SUNSET.—The authorities provided under this sub- section shall expire on October 1, 2028. (10) DEFINITIONS.—In this subsection: (A) The term ‘‘capital assistance’’ means loans, loan guarantees, or technical assistance provided under para- graph (3). (B) The terms ‘‘eligible entity’’ and ‘‘eligible investment’’ have the meanings given those terms in section 149(e) of title 10, United States Code (as added by subsection (a)). (C) The term ‘‘obligor’’ means a party that is primarily liable for payment of the principal of or interest on a loan. SEC. 904. ESTABLISHMENT AND ASSIGNMENT OF ROLES AND RESPON- SIBILITIES FOR COMBINED JOINT ALL-DOMAIN COMMAND AND CONTROL IN SUPPORT OF INTEGRATED JOINT WARFIGHTING. (a) IN GENERAL.—The Secretary of Defense shall establish, and assign to appropriate components of the Office of the Secretary, roles and responsibilities relating to— (1) the development of combined joint all-domain command and control (commonly known as ‘‘CJADC2’’) capabilities in support of integrated joint warfighting; and (2) the delivery of such capabilities to the combatant com- mands. (b) ROLES AND RESPONSIBILITIES.—The roles and responsibil- ities established and assigned under subsection (a) shall include, at a minimum, the following: (1) Identifying new technology and operational concepts for experimentation and prototyping for delivery to the Joint Force to address key operational challenges. (2) Providing technical support for the Joint Force in exploring and analyzing new combined joint all-domain com- mand and control capabilities and operational concepts, including through advanced modeling and simulation. (3) Executing experimentation associated with such capabilities through the Rapid Defense Experimentation Reserve or another mechanism. 10 USC 131 note. Deadline. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00229 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 364 PUBLIC LAW 118–31—DEC. 22, 2023 (4) Enabling the acquisition of cross-domain, joint, and cross-system mission capabilities, including resourcing of modi- fications necessary for integration and interoperability among mission components. (5) Ensuring the effectiveness of cross-domain, joint, and cross-system mission capabilities through analysis and testing. (6) Creating and operating a complete capability for soft- ware development that allows for iterative, secure, and contin- uous deployment of developmental, prototype, and operational tools and capabilities from multiple vendors to test networks and operational networks for combatant commanders to— (A) gain operational awareness, make decisions, and take actions; (B) integrate relevant data sources to support target selection, target prioritization, and weapon-target pairing; and (C) assign targets through networks, tools, and systems of the Armed Forces and combat support agencies. (c) INITIAL PRIORITIZATION.—In establishing an initial set of roles and responsibilities under subsection (a), the Secretary of Defense shall prioritize the development and delivery of capabilities that meet the requirements of the United States Indo-Pacific Com- mand. (d) BRIEFINGS REQUIRED.—Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 180 days thereafter through December 31, 2026, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) any activities carried out in accordance with the roles and responsibilities under subsection (a); and (2) any plans associated with such roles and responsibil- ities. SEC. 905. PRINCIPAL DEPUTY ASSISTANT SECRETARIES TO SUPPORT ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPER- ATIONS AND LOW INTENSITY CONFLICT. The Secretary of Defense may appoint two Principal Deputy Assistant Secretaries to report to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict— (1) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (i) of section 138(b)(2)(A) of title 10, United States Code; and (2) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (ii) of that section. Subtitle B—Other Department of Defense Organization and Management Matters SEC. 911. ADDITIONAL REQUIREMENTS UNDER GENERAL POLICY FOR TOTAL FORCE MANAGEMENT. Section 129a(c)(2) of title 10, United States Code, is amended by adding at the end the following: ‘‘The Secretary of Defense shall ensure that the requirements determination, planning, programming, and budgeting conducted under this paragraph con- siders all components of the total force (including active and reserve 10 USC 138 note. Deadline. Time period. Data. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00230 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 365 PUBLIC LAW 118–31—DEC. 22, 2023 military, the civilian workforce, and contract support) in a holistic manner— ‘‘(A) to avoid duplication of efforts and waste of resources attributable to a component working outside the scope of its responsibilities; and ‘‘(B) to ensure that risk, cost, and mission validation and prioritization considerations are consistent with the national defense strategy.’’. SEC. 912. ADDITION OF COLLEGE OF INTERNATIONAL SECURITY AFFAIRS TO NATIONAL DEFENSE UNIVERSITY. Section 2165(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following new para- graph (6): ‘‘(6) The College of International Security Affairs.’’. SEC. 913. CODIFICATION OF THE DEFENSE INNOVATION UNIT. (a) CODIFICATION OF DEFENSE INNOVATION UNIT.— (1) IN GENERAL.—Subchapter III of chapter 303 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 4127. Defense innovation unit ‘‘(a) ESTABLISHMENT.—There is established in the Department of Defense a Defense Innovation Unit (referred to in this section as the ‘Unit’). ‘‘(b) DIRECTOR AND DEPUTY DIRECTOR.—There is a Director of the Unit who shall be appointed by the Secretary of Defense from among persons with substantial experience in innovation and commercial technology, as determined by the Secretary. ‘‘(c) AUTHORITY OF DIRECTOR.—The Director is the head of the Unit. The Director— ‘‘(1) shall serve as a principal staff assistant to the Sec- retary of Defense on matters within the responsibility of the Unit; ‘‘(2) shall report directly to the Secretary without inter- vening authority; and ‘‘(3) may communicate views on matters within the respon- sibility of the Unit directly to the Secretary without obtaining the approval or concurrence of any other official within the Department of Defense. ‘‘(d) RESPONSIBILITIES.—The Unit shall have the following responsibilities: ‘‘(1) Seek out, identify, and support development of and experimentation with commercial technologies that have the potential to be implemented within the Department of Defense. ‘‘(2) Accelerate the adoption or integration of commercial technologies within the Department of Defense to transform military capacity and capabilities. ‘‘(3) Serve as the principal liaison between the Department of Defense and individuals and entities in the national security innovation base, including entrepreneurs, startups, commercial technology companies, and venture capital sources. ‘‘(4) Carry out programs, projects, and other activities to strengthen the national security innovation base. ‘‘(5) Coordinate and harmonize the activities of other organizations and elements of the Department of Defense on Appointment. 10 USC 4127. 10 USC prec. 4061. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00231 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 366 PUBLIC LAW 118–31—DEC. 22, 2023 matters relating to commercial technologies, dual use tech- nologies, and the innovation of such technologies. ‘‘(6) Coordinate and advise efforts among elements of the Department of Defense on matters relating to the development, procurement, and fielding of nontraditional capabilities. ‘‘(7) Coordinate with the Joint Staff and the commanders of the combatant commands to identify operational challenges that have the potential to be addressed through the use of nontraditional capabilities, including dual-use technologies, that are being developed and financed in the commercial sector. ‘‘(8) Using funds made available to the Unit— ‘‘(A) select projects to be carried out by one or more of the service-level innovation organizations; ‘‘(B) allocate funds to service-level innovation organiza- tions to carry out such projects; and ‘‘(C) monitor the execution of such projects by the service-level innovation organizations. ‘‘(9) Serve as the principal liaison between the Department of Defense, nontraditional defense contractors, investors in non- traditional defense companies, and departments and agencies of the Federal Government pursing nontraditional capabilities similar to those pursued by the Department. ‘‘(10) Lead engagement with industry, academia, and other nongovernment entities to develop— ‘‘(A) domestic capacity with respect to innovative, commercial, and dual-use technologies and the use of non- traditional defense contractors; and ‘‘(B) the capacity of international allies and partners of the United States with respect to such technologies and the use of such contractors. ‘‘(11) Carry out such other activities as the Secretary of Defense determines appropriate. ‘‘(e) SUPPORT FOR MULTI-STAKEHOLDER PARTNERSHIPS.— ‘‘(1) The Director shall identify and support multi-stake- holder research and innovation partnerships that— ‘‘(A) have the potential to generate technologies, proc- esses, products, or other solutions that address national defense or security needs; and ‘‘(B) have as an objective the technology transfer or commercialization of the work product generated by the partnership, which may include work product that incor- porates Government-developed intellectual property licensed to the partnership in accordance with paragraph (3). ‘‘(2) Support provided by the Director to a multi-stakeholder research and innovation partnership under this subsection may include— ‘‘(A) providing funding or other resources to the part- nership; ‘‘(B) participating in the partnership; ‘‘(C) providing technical and technological advice and guidance to the partnership; ‘‘(D) suggesting and introducing other participants for inclusion in the partnership; ‘‘(E) providing the partnership with insight into desired solutions for defense and security needs; and VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00232 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 367 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(F) such other forms of support as the Director deter- mines appropriate. ‘‘(3) To the extent the Director determines appropriate, the Director shall seek to actively inform potential participants in multi-stakeholder research and innovation partnerships of the availability of Government-developed intellectual property that may be licensed to the partnership. ‘‘(4) On an annual basis, the Director shall submit to the Secretary of Defense and the congressional defense committees a report on the activities, advances, outcomes, and work product of the multi-stakeholder research and innovation partnerships supported under this subsection. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) The term ‘multi-stakeholder research and innovation partnership’ means a partnership composed of any combination of two or more of the following: ‘‘(A) Universities, colleges, or other institutions of higher education with research and innovation capability. ‘‘(B) Non-profit organizations that provide policy, research, outreach, operations, organizational, manage- ment, testing, evaluation, technology transfer, legal, finan- cial, or advocacy expertise. ‘‘(C) For-profit commercial enterprises that may be pub- licly or privately owned, early stage or mature, and incor- porated or operating by another ownership structure. ‘‘(D) Departments or agencies of the Federal Govern- ment with expertise, operations, or resources related to the objectives of the multi-stakeholder research and innova- tion partnership. ‘‘(2) The term ‘nontraditional capability’ means a solution to an operational challenge that can significantly leverage commercial innovation or external capital with minimal depend- encies on fielded systems. ‘‘(3) The term ‘nontraditional defense contractor’ has the meaning given that term in section 3014 of this title.’’. (2) MODIFICATION OF OTHER TRANSACTION AUTHORITY.—Sec- tion 4021 of title 10, United States Code, is amended— (A) in subsection (b), by inserting ‘‘, the Defense Innovation Unit,’’ after ‘‘Defense Advanced Research Projects Agency’’; and (B) in subsection (f), by striking ‘‘and the Defense Advanced Research Projects Agency’’ and inserting ‘‘, the Defense Innovation Unit, and the Defense Advanced Research Projects Agency’’. (3) MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.—Section 4022 of title 10, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1), by inserting ‘‘the Director of the Defense Innovation Unit,’’ after ‘‘Defense Advanced Research Projects Agency,’’; (ii) in paragraph (2)(A), by inserting ‘‘, the Defense Innovation Unit,’’ after ‘‘Defense Advanced Research Projects Agency’’; and (iii) in paragraph (3), by inserting ‘‘, Defense Innovation Unit,’’ after ‘‘Defense Advanced Research Projects Agency’’; and Reports. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00233 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 368 PUBLIC LAW 118–31—DEC. 22, 2023 (B) in subsection (e)(1)— (i) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively; and (ii) by inserting after subparagraph (B) the fol- lowing new subparagraph: ‘‘(C) the Director of the Defense Innovation Unit;’’. (4) CONFORMING AMENDMENTS.—Section 1766 of title 10, United States Code, is amended— (A) in subsection (b), by striking ‘‘as determined by the Under Secretary of Defense for Research and Engineering’’ and inserting ‘‘as determined by the Secretary of Defense’’; and (B) in subsection (c)(3), by striking ‘‘as directed by the Under Secretary of Defense for Research and Engineering’’ and inserting ‘‘as directed by the Secretary of Defense’’. (b) EFFECTIVE DATE AND IMPLEMENTATION.— (1) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. (2) IMPLEMENTATION.—Not later than the effective date specified in paragraph (1), the Secretary of Defense shall issue or modify any rules, regulations, policies, or other guidance necessary to implement the amendments made by subsection (a). (c) MANPOWER SUFFICIENCY EVALUATION.— (1) EVALUATION.—The Secretary of Defense shall evaluate the staffing levels of the Defense Innovation Unit as of the date of the enactment of this Act to determine if the Unit is sufficiently staffed to achieve the responsibilities of the Unit under section 4127 of title 10, United States Code, as added by subsection (a) of this section. (2) REPORT.—Not later than the effective date specified in subsection (b)(1), 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 evalua- tion under paragraph (1). The report shall include a plan— (A) to address any staffing shortfalls identified as a part of the assessment; and (B) for funding any activities necessary to address such shortfalls. SEC. 914. REPEAL OF AUTHORITY TO APPOINT A NAVAL RESEARCH ADVISORY COMMITTEE. Section 8024 of title 10, United States Code, is repealed. SEC. 915. ELIGIBILITY OF MEMBERS OF SPACE FORCE FOR INSTRUC- TION AT THE NAVAL POSTGRADUATE SCHOOL. Section 8545 of title 10, United States Code, is amended— (1) in subsection (a)(1), by striking ‘‘and Coast Guard’’ and inserting ‘‘Space Force, and Coast Guard’’; and (2) in subsection (c), by striking ‘‘and Coast Guard’’ and inserting ‘‘Space Force, and Coast Guard’’. SEC. 916. MEMBERSHIP OF THE AIR FORCE RESERVE FORCES POLICY COMMITTEE. Section 10305(b) of title 10, United States Code, is amended— 10 USC prec. 8011. Plan. Determination. 10 USC 1766 note. 10 USC 1766 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00234 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 369 PUBLIC LAW 118–31—DEC. 22, 2023 (1) by striking ‘‘consists of’’ and inserting ‘‘shall have voting members, who shall be’’ before ‘‘officers’’; (2) by redesignating paragraphs (1) through (3) as subpara- graphs (A) through (C), respectively; (3) by inserting ‘‘(1)’’ before ‘‘The committee’’; and (4) by adding at the end the following new paragraph: ‘‘(2)(A) The committee shall have four nonvoting members, who shall be the Chief Master Sergeants of the Air Force, the Air Force Reserve, the Air National Guard, and the Space Force. ‘‘(B) A nonvoting member who cannot attend a meeting of the committee may designate a member in the grade of E–8 or E–9 to attend in their stead.’’. SEC. 917. MODIFICATION OF CROSS-FUNCTIONAL TEAM TO ADDRESS EMERGING THREAT RELATING TO ANOMALOUS HEALTH INCIDENTS. Section 910 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 111 note) is amended— (1) in subsection (a), by inserting ‘‘, including capabilities that plausibly could result in such incidents,’’ after ‘‘(as defined by the Secretary)’’; (2) in subsection (b), by striking paragraphs (1) through (3) and inserting the following new paragraphs: ‘‘(1) to investigate and carry out such other activities as may be necessary— ‘‘(A) to identify anomalous health incidents; ‘‘(B) to determine the causes and sources of such incidents, including identification of any individuals, enti- ties, capabilities, or phenomena to which such incidents may plausibly be attributed; and ‘‘(C) to understand how such incidents may be miti- gated and treated; ‘‘(2) to address the challenges posed by anomalous health incidents, including by coordinating research into— ‘‘(A) non-kinetic capabilities that plausibly might result in such incidents, such as anti-personnel capabilities and directed energy capabilities; ‘‘(B) the detection and mitigation of such capabilities; and ‘‘(C) the development of countermeasures for such capabilities; ‘‘(3) to integrate and deconflict the efforts of the Depart- ment of Defense regarding anomalous health incidents with the efforts of other departments or agencies of the Federal Government regarding such incidents; and ‘‘(4) to undertake any other efforts regarding non-kinetic threats to personnel and anomalous health incidents that the Secretary considers appropriate.’’; (3) in subsection (d), by striking ‘‘in consultation with the Director of National Intelligence and’’; and (4) in subsection (e)(2)— (A) by striking ‘‘March 1, 2026’’ and inserting ‘‘March 1, 2028’’; and (B) by striking ‘‘with respect to the efforts of the Department regarding anomalous health incidents’’ an inserting ‘‘on any activities carried out to fulfill the duties Coordination. Research and development. Determination. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00235 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 370 PUBLIC LAW 118–31—DEC. 22, 2023 specified in subsection (b) since the date of the preceding briefing under this section’’. SEC. 918. TECHNOLOGY RELEASE AND FOREIGN DISCLOSURE REFORM INITIATIVE. (a) INITIATIVE REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall carry out an initiative to reform and improve the policies, processes, and procedures applicable to technology release and foreign disclosure decisions by the Department of Defense. (2) OBJECTIVES.—The objectives of such initiative shall be— (A) to develop recommendations for the continuous improvement of such policies, processes, and procedures within the Department and across other departments and agencies of the Federal Government involved in technology release and foreign disclosure decisions; (B) to increase efficiency and reduce timelines for the processing of such decisions; (C) to standardize, to the extent practicable, processes and information sharing systems applicable to such decisions; and (D) to provide for the continuous exchange of timely and relevant information among— (i) the principal organizations involved in tech- nology release and foreign disclosure decisions; (ii) the broader acquisition and program executive officer communities; and (iii) interagency partners of the Department. (3) METHOD OF IMPLEMENTATION.—For purposes of the ini- tiative required under paragraph (1), the Secretary of Defense may— (A) establish a new initiative; (B) modify an existing initiative of the Department of Defense; or (C) carry out the initiative through a combination of the approaches described in subparagraphs (A) and (B). (b) METRICS.— (1) IN GENERAL.—In conjunction with the initiative required under subsection (a), the Under Secretary of Defense for Policy shall develop metrics for the management of the technology release and foreign disclosure process to provide objective and subjective measures of performance and improve senior leader decision-making in the Department of Defense. (2) ELEMENTS.—The metrics developed under paragraph (1) shall include— (A) methods for tracking individual technology release and foreign disclosure decisions made by the Defense Tech- nology Security Administration; (B) objectives and deadlines related to the completion of such decisions; and (C) a method of prioritizing among technology release and foreign disclosure requests that takes into account— (i) the importance of the request to the national security of the United States; and (ii) the risks associated with the release or disclo- sure. Recommenda- tions. 10 USC 301 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00236 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 371 PUBLIC LAW 118–31—DEC. 22, 2023 (3) BRIEFING REQUIRED.—Not later than June 1, 2024, the Under Secretary of Defense for Policy shall provide to the congressional defense committees a briefing on the metrics developed under paragraph (1). (c) DESIGNATION OF POINTS OF CONTACT.—Not later than 90 days after the date of the enactment of this Act— (1) the Under Secretary of Defense for Policy shall establish or designate— (A) one position within the Office of the Under Sec- retary to lead the development and oversee the implementation of technology release and foreign disclosure policies for the Department of Defense; and (B) one position within the Office to coordinate informa- tion and outreach to relevant stakeholders on relevant Department of Defense technology release and foreign disclosure policies and to respond to inquiries from rep- resentatives of the commercial defense industry and partner countries; and (2) each Secretary of a military department shall establish or designate— (A) one position within the department under the juris- diction of such Secretary to lead the development and over- see the implementation of technology release and foreign disclosure policies for that department; and (B) one position within such department to coordinate information and outreach to relevant stakeholders on rel- evant Department of Defense technology release and for- eign disclosure policies and to respond to inquiries from representatives of the commercial defense industry and partner countries. (d) REPORT REQUIRED.— (1) IN GENERAL.—Not later than December 31, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (A) An assessment of the staffing levels of the organiza- tions specified in paragraph (2). (B) An assessment of the feasibility and advisability of consolidating the functions and organizations of the Department of Defense involved in technology release and foreign disclosure decisions, including the organizations specified in paragraph (2). (C) A review of any statutes and regulations applicable to technology release and foreign disclosure, together with recommendations for any changes to such statutes and regulations. (D) A survey and description of the data and method- ology used to assess operational risk, technology risk, and the effects of technology release and foreign disclosure decisions on the defense industrial base. (E) An assessment of the benefits of developing and implementing anticipatory policies for technology release and foreign disclosure that include standardized capability thresholds for countries and geopolitical regions, especially for emerging capabilities for partners and allies of the United States. (F) An assessment of the extent to which the lessons learned from technology release and foreign disclosure Survey. Data. Review. Recommenda- tions. Assessments. Deadline. Deadline. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00237 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 372 PUBLIC LAW 118–31—DEC. 22, 2023 decisions made in support of the Ukraine conflict have been applied to broader processes. (2) ORGANIZATIONS SPECIFIED.—The organizations specified in this paragraph are— (A) the Defense Technology Security Administration; (B) the Low Observable/Counter Low Observable Tri- Service Committee; (C) the Executive Agent for Anti-Tamper; (D) the Communications Security Review and Advisory Board; and (E) the organizations responsible for technology release and foreign disclosure in each of the military departments. SEC. 919. SOFTWARE-BASED CAPABILITY TO FACILITATE SCHEDULING BETWEEN THE DEPARTMENT OF DEFENSE AND CON- GRESS. Not later than September 30, 2024, the Secretary of Defense shall seek to develop and implement a software-based capability to facilitate the mutual scheduling of engagements between the Department of Defense and the congressional defense committees. Such capability shall— (1) enable the automated transmission of scheduling data to and from the congressional defense committees; and (2) be compatible and interoperable with the information technology systems of such committees. SEC. 920. METRICS TO OPERATIONALIZE AUDIT READINESS. (a) METRICS REQUIRED.— (1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a set of metrics that reflect the Secretary’s audit remediation goals and metrics to measure progress made by the military departments with respect to such goals. (2) FFRDC SUPPORT.—The Secretary of Defense may enter into a contract or other agreement with a federally funded research and development center or university-affiliated research center to support the development of the metrics required under paragraph (1). (3) DEADLINE.—The Secretary of Defense shall develop and implement an initial set of metrics under paragraph (1) by not later than April 30, 2025. (b) LEADER PERFORMANCE ASSESSMENTS.— (1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretaries of the military departments and the Under Secretary of Defense for Personnel and Readiness, shall evaluate means by which the metrics developed under sub- section (a) can be used in the performance evaluation of general officers, flag officers, and employees of the military departments who are members of the Senior Executive Service. (2) BRIEFING REQUIRED.—Not later than September 30, 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representa- tives a briefing on the evaluation conducted under paragraph (1). The briefing shall include the following: (A) Identification of the general officer, flag officer, and Senior Executive Service positions in the military departments for which it would be appropriate to use the Deadline. Evaluation. Contracts. 10 USC 240b note. Data. Deadline. 10 USC 111 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00238 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 373 PUBLIC LAW 118–31—DEC. 22, 2023 metrics developed under subsection (a) in support of the performance evaluation process. (B) Evaluations of available measures to reward or recognize superior or above-average performance with respect to such metrics. (C) Assessment of the potential value, and challenges, to integrating such measures into the annual performance evaluations for positions identified under subparagraph (A). (D) Any other issues the Secretary considers appro- priate. SEC. 921. NEXT GENERATION BUSINESS HEALTH METRICS. (a) METRICS REQUIRED.—The Secretary of Defense, in coordina- tion with the Secretaries of the military departments, shall develop an updated set of business health metrics to inform decision-making by senior leaders of the Department of Defense. (b) ELEMENTS.—In developing the metrics required by sub- section (a), the Secretary of Defense shall— (1) using the latest literature on performance measurement, determine what additional new metrics should be implemented, or current metrics should be adapted, to reduce output-based measures and emphasize objective, measurable indicators aligned to enduring strategic goals of the Department of Defense; (2) assess the current business processes of the Department and provide recommendations to align the metrics with avail- able data sources to determine what gaps might exist in such processes; (3) ensure that data can be collected automatically and, on a long-term basis, in a manner that provides for longitudinal analysis; (4) link the metrics with the Strategic Management Plan and other performance documents guiding the Department; (5) identify any shortfalls in resources, data, training, policy, or law that could be an impediment to implementing the metrics; (6) revise leading and lagging indicators associated with each such metric to provide a benchmark against which to assess progress; (7) improve visualization of and comprehension for the use of the metrics in data-driven decision-making, including adoption of new policies and training as needed; (8) incorporate the ability to aggregate and disaggregate data to provide the ability to focus on functional, component- level metrics; and (9) increase standardization of the use and collection of business health metrics across the Department. (c) ADDITIONAL SUPPORT.—The Secretary of Defense may enter into a contract or other agreement with a federally funded research and development center or university-affiliated research center to support the development of the metrics required under subsection (a). SEC. 922. INDEPENDENT ASSESSMENT OF DEFENSE BUSINESS ENTER- PRISE ARCHITECTURE. (a) IN GENERAL.—The Secretary of Defense shall seek to enter into a contract or other agreement with a federally funded research and development center or a university affiliated research center Contracts. Contracts. Revision. Assessment. Assessment. Recommenda- tions. Determination. Determination. 10 USC 2222 note. Evaluation. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00239 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 374 PUBLIC LAW 118–31—DEC. 22, 2023 to conduct an independent assessment of the defense business enter- prise architecture developed under section 2222(e) of title 10, United States Code. (b) ELEMENTS.—The assessment required by subsection (a) shall include the following elements: (1) An assessment of the effectiveness of the defense busi- ness enterprise architecture as of the date of the enactment of this Act in providing an adequate and useful framework for planning, managing, and integrating the business systems of the Department of Defense. (2) A comparison of the defense business enterprise architecture with similar models in use by other government agencies in the United States, foreign governments, and major commercial entities, including an assessment of any lessons from such models that might be applied to the defense business enterprise architecture. (3) An assessment of the adequacy of the defense business enterprise architecture in informing business process re- engineering and being sufficiently responsive to changes in business processes over time. (4) An identification of any shortfalls or implementation challenges in the utility of the defense business enterprise architecture. (5) Recommendations for replacement of the existing defense business enterprise architecture or for modifications to the existing architecture to make that architecture and the process for updating that architecture more effective and responsive to the business process needs of the Department. (c) INTERIM BRIEFING.—Not later than April 1, 2024, the Sec- retary of Defense shall provide to the Committees on Armed Serv- ices of the Senate and the House of Representatives a briefing on the status of the assessment required by subsection (a). (d) FINAL REPORT.—Not later than January 30, 2025, the Sec- retary 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 assessment required by subsection (a). SEC. 923. FUTURE FORCE DESIGN OF THE DEPARTMENT OF THE AIR FORCE. (a) FORCE DESIGN REQUIRED.—Not later than August 31, 2024, the Secretary of the Air Force shall develop a force design for the Air Force and Space Force projected through 2050. (b) ELEMENTS.—The force design under subsection (a) shall address— (1) the concepts, capabilities, and structural elements (including size and form) of the Air Force and Space Force that are necessary to ensure those forces effectively execute their core functions through 2050 in support of the National Defense Strategy and the National Military Strategy; (2) force structure, including the development of capabilities (including platforms and systems) at the correct level of capacity to address the challenges outlined by the National Defense Strategy and the National Military Strategy; (3) force composition, including recruitment and develop- ment of human capital, effective distribution of forces in the total force, and policies to increase career flexibility across the various components of the force; Deadline. Recommenda- tions. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00240 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 375 PUBLIC LAW 118–31—DEC. 22, 2023 (4) organizational design, including development of poten- tial models to increase agility and operational effectiveness across the Air Force and Space Force; and (5) such other matters as the Secretary of the Air Force determines to be relevant. (c) INFORMATION TO CONGRESS.—Not later than 60 days after completion of the force design required under subsection (a), the Secretary of the Air Force shall— (1) submit a summary of the force design to the congres- sional defense committees; and (2) provide to the congressional defense committees a briefing on the force design. SEC. 924. FEASIBILITY STUDY ON THE CONSOLIDATION OR TRANSFER OF SPACE FUNCTIONS OF THE NATIONAL GUARD TO THE SPACE FORCE. (a) STUDY REQUIRED.—The Secretary of Defense shall conduct a study to assess the feasibility and advisability of transferring all covered space functions of the National Guard to the Space Force. (b) ELEMENTS.—The study under subsection (a) shall include the following: (1) An analysis and recommendations addressing, at a min- imum, each of the following courses of action with respect to the covered space functions of the National Guard: (A) Maintaining the current model under which the Air National Guard has units and personnel performing such functions. (B) Transferring such functions, including units and personnel, to the Space Force. (C) The establishment of a new National Guard compo- nent of the Space Force to perform such functions. (2) A cost-benefit analysis for each course of action addressed under paragraph (1). (3) An assessment any risks or benefits to the mission or readiness of the Space Force, including the ability of the Space Force to meet applicable objectives of the National Defense Strategy, that may be presented by transferring or consolidating units of the Air National Guard as described in paragraph (1). (c) INTERIM BRIEFING.—Not later than February 1, 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives an interim briefing on the preliminary results of the study conducted under subsection (a). (d) FINAL REPORT.— (1) IN GENERAL.—Not later than March 1, 2024, the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the final results of the study conducted under subsection (a), including the results of the study with respect to each element specified in subsection (b). (2) FORM OF REPORT.—The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (e) COVERED SPACE FUNCTIONS OF THE NATIONAL GUARD DEFINED.—In this section, the term ‘‘covered space functions of Deadline. Assessment. Recommenda- tions. Analyses. Assessment. Briefing. Summary. Deadline. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00241 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 376 PUBLIC LAW 118–31—DEC. 22, 2023 the National Guard’’ means all units, personnel billets, equipment, and resources of the Air National Guard associated with the performance a space related function that is (as determined by the Secretary of the Air Force, in consultation with the Chief of Space Operations)— (1) a core space-related function of the Space Force; or (2) otherwise integral to the mission of the Space Force. TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Annual report on budget prioritization by Secretary of Defense and mili- tary departments. Sec. 1003. Additional reporting requirements related to unfunded priorities of armed forces and combatant commands. Sec. 1004. Audit requirement for Department of Defense components. Sec. 1005. Requirement for unqualified opinion on Department of Defense financial statements. Subtitle B—Counterdrug Activities Sec. 1010. Enhanced support for counterdrug activities and activities to counter transnational organized crime. Sec. 1011. Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects. Sec. 1012. Drug interdiction and counter-drug activities. Sec. 1013. Disruption of fentanyl trafficking. Subtitle C—Naval Vessels and Shipyards Sec. 1015. Modifications to annual naval vessel construction plan. Sec. 1016. Critical components of national sea-based deterrence vessels. Sec. 1017. Grants for improvement of Navy ship repair or alterations capability. Sec. 1018. Repeal of obsolete provision of law regarding vessel nomenclature. Sec. 1019. Responsibility of Commandant of the Marine Corps with respect to naval battle force ship assessment and requirement reporting. Sec. 1020. Policy of the United States on shipbuilding defense industrial base. Sec. 1021. Prohibition on retirement of certain naval vessels. Sec. 1022. Authority to use incremental funding to enter into a contract for the ad- vance procurement and construction of a San Antonio-class amphibious ship. Sec. 1023. Authority to use incremental funding to enter into a contract for the ad- vance procurement and construction of a submarine tender. Sec. 1024. Biannual briefings on submarine readiness. Subtitle D—Counterterrorism Sec. 1031. Extension of prohibition on use of funds for transfer or release of indi- viduals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1032. 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. 1033. Extension of prohibition on use of funds for transfer or release of indi- viduals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Limitation on availability of certain funds until submission of Chair- man’s Risk Assessment; briefing requirement. Sec. 1042. Assistance in support of Department of Defense accounting for missing United States Government personnel. Sec. 1043. Implementation of arrangements to build transparency, confidence, and security. Sec. 1044. Modification to definitions of Confucius Institute. Sec. 1045. Termination of authority to issue waiver of limitation on use of funds to institutions of higher education hosting Confucius Institutes. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00242 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 377 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1046. Vetting procedures and monitoring requirements for allies and partners participating in education or training activities in the United States. Sec. 1047. Authority to include funding requests for the chemical and biological de- fense program in budget accounts of military departments. Sec. 1048. Limitation on availability of funds until delivery of report on next gen- eration tactical communications. Sec. 1049. Establishment of procedure of the Department of Defense to determine certain complaints or requests regarding public displays or public ex- pressions of religion on property of the Department. Sec. 1050. Limitation on availability of funds for destruction of landmines. Sec. 1051. Limitation on availability of funds for travel expenses of Office of the Secretary of Defense until submission of certain plans. Sec. 1052. Prohibition on display of unapproved flags. Sec. 1053. Collaboration with partner countries to develop and maintain military- wide transformational strategies for operational energy. Sec. 1054. Student loan deferment for dislocated military spouses. Subtitle F—Studies and Reports Sec. 1061. Modifications of reporting requirements. Sec. 1062. Extension of requirement to submit a report on Department of Defense support for Department of Homeland Security at the international bor- ders of the United States. Sec. 1063. Briefing on Defense POW/MIA Accounting Agency capabilities required to expand accounting for persons missing from designated past conflicts. Sec. 1064. Air Force plan for maintaining proficient aircrews in certain mission areas. Sec. 1065. Independent study on naval mine warfare. Sec. 1066. Annual report and briefing on implementation of Force Design 2030. Sec. 1067. Study and report on potential inclusion of black box data recorders in tactical vehicles. Sec. 1068. Plan on countering human trafficking. Sec. 1069. Update to strategic plan on Department of Defense combating trafficking in persons program. Sec. 1070. Report on use of tactical fighter aircraft for deployments and homeland defense missions. Sec. 1071. Report on equipping certain ground combat units with small unmanned aerial systems. Sec. 1072. Biannual briefings on homeland defense planning. Sec. 1073. Report on effectiveness of current use of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1074. Holistic training range assessment. Sec. 1075. Special operations force structure. Sec. 1076. Comprehensive assessment of Marine Corps Force Design 2030. Sec. 1077. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel on Guam. Sec. 1078. Feasibility study on conversion of Joint Task Force North into Joint Interagency Task Force North. Subtitle G—Other Matters Sec. 1080. Modification of definition of domestic source for title III of the Defense Production Act of 1950. Sec. 1081. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes. Sec. 1082. Modification of compensation for members of the Afghanistan War Com- mission. Sec. 1083. Senate National Security Working Group. Sec. 1084. Tribal liaisons at military installations. Sec. 1085. Commercial integration cell plan within certain combatant commands. Sec. 1086. Guidance for use of unmanned aircraft systems by National Guard. Sec. 1087. Public disclosure of Afghanistan war records. Sec. 1088. Implementation plan for Joint Concept for Competing. Sec. 1089. Notification of safety and security concerns at certain Department of De- fense laboratories. Sec. 1090. Conduct of weather reconnaissance in the United States. Sec. 1091. Sense of Congress regarding authority of Secretary of Defense with re- spect to irregular warfare. Sec. 1092. Red Hill health impacts. Subtitle A—Financial Matters SEC. 1001. GENERAL TRANSFER AUTHORITY. (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00243 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 378 PUBLIC LAW 118–31—DEC. 22, 2023 (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 2024 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 PER- SONNEL AUTHORIZATIONS.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) LIMITATIONS.—The authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (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. ANNUAL REPORT ON BUDGET PRIORITIZATION BY SEC- RETARY OF DEFENSE AND MILITARY DEPARTMENTS. Chapter 9 of title 10, United States Code, is amended by inserting after section 222d the following new section: ‘‘§ 222e. Programs, projects, and activities that were internally changed in the submission of the Presi- dent’s budget: annual report ‘‘(a) IN GENERAL.—The Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congres- sional defense committees each year, not later than 30 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activi- ties in research, development, test, and evaluation, procurement, and military construction the total obligational authority for which was changed in the current budget year proposal compared to the prior-year projection for the current year. ‘‘(b) ELEMENTS.—The tabulations required under subsection (a) shall include, for each program, project, or activity that was internally changed, the following elements: ‘‘(1) Whether the program, project, or activity was added, eliminated, or reduced and in which fiscal year. ‘‘(2) The appropriations sub-account. 10 USC 222e. 10 USC prec. 221. Determination. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00244 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 379 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(3) The appropriate program element, line item number, or sub-activity group. ‘‘(4) The program, project, or activity name. ‘‘(5) The prior year enacted appropriation. ‘‘(6) The prior year projected current year budget. ‘‘(7) The current year budget request. ‘‘(8) If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan. ‘‘(9) A characterization of the change as a fact-of-life change, a prioritization change, a programmatic change, or a change due to congressional action. ‘‘(c) FORM.—The report required under subsection (a) shall be submitted in machine readable, electronic form.’’. SEC. 1003. ADDITIONAL REPORTING REQUIREMENTS RELATED TO UNFUNDED PRIORITIES OF ARMED FORCES AND COMBAT- ANT COMMANDS. Section 222a(c)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraphs: ‘‘(E) The requirement to be addressed by the unfunded priority. ‘‘(F) The reason why funding for the priority was not included in the budget of the President. ‘‘(G) A description of any funding provided for the requirement for the current and preceding fiscal year. ‘‘(H) An assessment of the effect that providing funding for the priority would have on the future-years defense plan.’’. SEC. 1004. AUDIT REQUIREMENT FOR DEPARTMENT OF DEFENSE COMPONENTS. (a) IN GENERAL.—During fiscal year 2024, and during each of the nine fiscal years thereafter, each component of the Depart- ment of Defense shall be subject to an independent audit. Any such component that fails to be subject to such an audit during any fiscal year shall have 1.5 percent of unobligated amounts avail- able for the component be cancelled and returned to the general fund of the Treasury for deficit reduction, except as provided in subsection (b). (b) EXCEPTIONS.—The following accounts are excluded from any reductions: (1) Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense. (2) The Defense Health Program account of the Department of Defense. SEC. 1005. REQUIREMENT FOR UNQUALIFIED OPINION ON DEPART- MENT OF DEFENSE FINANCIAL STATEMENTS. The Secretary of Defense shall ensure that the Department of Defense has received an unqualified opinion on the financial statements of the Department by not later than December 31, 2028. Deadline. 10 USC 240a note. 10 USC 240d note. Assessment. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00245 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 380 PUBLIC LAW 118–31—DEC. 22, 2023 Subtitle B—Counterdrug Activities SEC. 1010. ENHANCED SUPPORT FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED CRIME. Section 284(b)(9) of title 10, United States Code, is amended by striking ‘‘linguist and intelligence analysis’’ and inserting ‘‘lin- guist, intelligence analysis, and planning’’. SEC. 1011. MODIFICATION OF SUPPORT FOR COUNTERDRUG ACTIVI- TIES AND ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED CRIME: INCREASE IN CAP FOR SMALL SCALE CONSTRUCTION PROJECTS. Section 284(i)(3) of title 10, United States Code, is amended by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. SEC. 1012. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES. Section 112(a)(3) of title 32, United States Code, is amended by striking ‘‘$5,000’’ and inserting ‘‘$15,000’’. SEC. 1013. DISRUPTION OF FENTANYL TRAFFICKING. (a) DEVELOPMENT OF STRATEGY TO COUNTER FENTANYL TRAF- FICKING.— (1) STRATEGY.—Not later than 120 days after the date of enactment of this Act, the Secretary of Defense, in consulta- tion with the Secretary of State and the Attorney General and in coordination with appropriate Federal, State, Tribal, and local law enforcement agencies, shall develop and submit to the appropriate congressional committees a strategy to address threats to the national security of the United States caused or exacerbated by fentanyl trafficking. (2) CONTENTS.—The strategy required by paragraph (1) shall outline how the Secretary of Defense will— (A) leverage existing authorities regarding counterdrug and counter-transnational organized crime activities with a counter-fentanyl nexus to detect and monitor activities related to fentanyl trafficking; (B) leverage existing authorities, as appropriate, to support operations to counter fentanyl trafficking carried out by Federal, State, Tribal, and local law enforcement agencies, or foreign security forces; (C) coordinate efforts of the Department of Defense for the detection and monitoring of aerial, maritime, and surface traffic suspected of carrying fentanyl bound for the United States, including efforts to unify the use of technology, surveillance, and related resources across air and maritime domains to counter fentanyl trafficking, including with respect to data collection, data processing, and integrating sensors across such domains, consistent with paragraphs (6) and (10) of section 284(b) of title 10, United States Code, and section 124 of title 10, United States Code; (D) provide Department of Defense-specific capabilities to support activities by the United States Government and foreign security forces to detect and monitor the trafficking of fentanyl and precursor chemicals used in fentanyl production, consistent with relevant existing law; Coordination. Data. Deadline. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00246 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 381 PUBLIC LAW 118–31—DEC. 22, 2023 (E) leverage existing counterdrug and counter- transnational organized crime programs of the Department to counter fentanyl trafficking; (F) assess existing training programs of the Depart- ment and assess whether opportunities exist for the provi- sion of training for Federal, State, Tribal, and local law enforcement agencies to counter fentanyl trafficking, con- sistent with section 284(b)(5) of title 10, United States Code; (G) engage with foreign security forces to ensure the counterdrug and counter-transnational organized crime programs of the Department— (i) support efforts to counter fentanyl trafficking; and (ii) build capacity to interdict fentanyl in foreign countries, including programs to train security forces in partner countries to counter fentanyl trafficking, including countering illicit flows of fentanyl precursors, consistent with sections 284(c) and 333 of title 10, United States Code; (H) increase domain awareness to detect and monitor fentanyl trafficking through the North American Defense Ministerial and the bilateral defense working groups and bilateral military cooperation roundtables with Canada and Mexico; (I) evaluate existing policies, procedures, processes, resources, and existing joint interagency task forces focused on supporting the countering of fentanyl trafficking by Federal, State, Tribal, and local law enforcement agencies, consistent with existing counterdrug and counter- transnational organized crime authorities; (J) describe any previous actions taken by the Depart- ment of Defense in cyberspace to counter illegal activities by transnational criminal organizations that traffic fentanyl; and (K) assess the resources that the Secretary can deploy to counter transnational criminal organizations’ cyber activities. (3) FORM.—The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (4) BRIEFING.—Not later than 60 days after the submission of the strategy required by paragraph (1), the Secretary shall provide to the appropriate congressional committees a briefing on the strategy and plans for its implementation. (b) COOPERATION WITH MEXICO.—The Secretary of Defense shall seek to enhance cooperation with defense officials of the Government of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl. (c) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.— In this section, the term ‘‘appropriate congressional committees’’ means— (1) the Committee on Armed Services of the Senate; (2) the Committee on Armed Services of the House of Representatives; (3) the Committee on Foreign Affairs of the House of Rep- resentatives; 10 USC 284 note. Deadline. Assessment. Evaluation. Canada. Mexico. Assessment. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00247 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 382 PUBLIC LAW 118–31—DEC. 22, 2023 (4) the Committee on Foreign Relations of the Senate; (5) the Committee on the Judiciary of the Senate; and (6) the Committee on the Judiciary of the House of Rep- resentatives. Subtitle C—Naval Vessels and Shipyards SEC. 1015. MODIFICATIONS TO ANNUAL NAVAL VESSEL CONSTRUC- TION PLAN. Section 231 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting before the period at the end the following: ‘‘, together with the views of the Chief of Naval Operations and Commandant of the Marine Corps on the budget’’; and (B) by adding at the end the following new paragraph: ‘‘(3) The unaltered assessment of the Chief of Naval Oper- ations and the Commandant of the Marine Corps of the plan required under paragraph (1).’’; and (2) in subsection (b), by adding at the end the following new paragraphs: ‘‘(3) In developing annual naval vessel construction plans for purposes of subsection (a)(1), the Secretary of the Navy shall take into consideration the most recent biennial report on shipbuilder training and the defense industrial base required by section 8693 of this title.’’. SEC. 1016. CRITICAL COMPONENTS OF NATIONAL SEA-BASED DETER- RENCE VESSELS. Section 2218a(k)(3) of title 10, United States Code, is amended by adding at the end the following new subparagraphs: ‘‘(P) Major bulkheads and tanks. ‘‘(Q) All major pumps and motors. ‘‘(R) Large vertical array. ‘‘(S) Atmosphere control equipment. ‘‘(T) Diesel systems and components. ‘‘(U) Hydraulic valves and components. ‘‘(V) Bearings. ‘‘(W) Major air and blow valves and components. ‘‘(X) Decks and superstructure. ‘‘(Y) Castings, forgings, and tank structure. ‘‘(Z) Hatches and hull penetrators.’’. SEC. 1017. GRANTS FOR IMPROVEMENT OF NAVY SHIP REPAIR OR ALTERATIONS CAPABILITY. Chapter 131 of title 10, United States Code, is amended by inserting after section 2218a the following new section: ‘‘§ 2219. Grants for improvement of Navy ship repair or alter- ations capability ‘‘(a) ASSISTANCE AUTHORIZED.—(1) Subject to the availability of appropriations, the Secretary of the Navy may make grants to an eligible entity for the purpose of carrying out— ‘‘(A) a capital improvement project; or ‘‘(B) a maritime training program designed to foster tech- nical skills and operational productivity. 10 USC 2219. 10 USC prec. 2201. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00248 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 383 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(2) The amount of a grant under this section may not exceed 75 percent of the total cost of the project or program funded by the grant. ‘‘(3) A grant provided under this section may not be used to construct buildings or other physical facilities, except for piers, dry docks, and structures in support of piers and dry docks, or to acquire land. ‘‘(4) The Secretary may not award a grant to an eligible entity under this section unless the Secretary determines that— ‘‘(A) the entity has access to sufficient non-Federal funding to meet the requirement under paragraph (2); ‘‘(B) the entity has authority to carry out the proposed project; and ‘‘(C) the project or program would improve— ‘‘(i) efficiency, competitive operations, capability, or quality of United States Navy ship repair or alterations; or ‘‘(ii) employee, or potential employee, skills and enhanced productivity related to United States Navy ship repair or alterations. ‘‘(b) ELIGIBILITY.—To be eligible for a grant under this section, an entity shall— ‘‘(1) be a shipyard or other entity that provides ship repair or alteration for non-nuclear ships; ‘‘(2) submit an application, at such time, in such form, and containing such information and assurances as the Sec- retary may require, including a comprehensive description of— ‘‘(A) the need for the project or program proposed to be funded under the grant; ‘‘(B) the methodology to be used to implement the project or program; and ‘‘(C) any existing programs or arrangements that could be used to supplement or leverage a grant provided under this section; and ‘‘(3) enter into an agreement with the Secretary under which the entity agrees— ‘‘(A) to complete the project or program funded by the grant within a certain timeframe and without unreasonable delay and the Secretary determines such project or program is likely to be completed within the timeframe provided in such agreement; ‘‘(B) to return to the Secretary any amount of the grant that is— ‘‘(i) not used by the grant recipient for the purpose for which the grant was awarded; or ‘‘(ii) not obligated or expended within the time- frame provided in the agreement; ‘‘(C) to maintain such records as the Secretary may require and make such records available for review and audit by the Secretary; and ‘‘(D) not to purchase any product or material for the project or program using grant funds, including any commercially available off-the-shelf item, unless such product or material is— ‘‘(i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or Contracts. Submission. Determination. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00249 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 384 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States. ‘‘(c) GUIDELINES.—The Secretary shall issue guidelines to estab- lish appropriate accounting, reporting, and review procedures to ensure that— ‘‘(1) amounts awarded as grants under this section are used for the purposes for which such amounts were made available; and ‘‘(2) an entity that receives a grant under this section complies with the terms of the agreement such entity enters into with the Secretary pursuant to subsection (b)(3). ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘commercially available off-the-shelf item’— ‘‘(A) means any item of supply (including construction material) that is— ‘‘(i) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024); and ‘‘(ii) sold in substantial quantities in the commer- cial marketplace; and ‘‘(B) does not include bulk cargo, as defined in section 40102(4) of title 46, such as agricultural products and petroleum products. ‘‘(2) The term ‘product or material’, with respect to a project or program— ‘‘(A) means an article, material, or supply brought to the site where the project or program is being carried out for incorporation into the project or program; and ‘‘(B) includes an item brought to the site preassembled from articles, materials, or supplies. ‘‘(3) The term ‘United States’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.’’. SEC. 1018. REPEAL OF OBSOLETE PROVISION OF LAW REGARDING VESSEL NOMENCLATURE. Section 8662 of title 10, United States Code, is amended— (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). SEC. 1019. RESPONSIBILITY OF COMMANDANT OF THE MARINE CORPS WITH RESPECT TO NAVAL BATTLE FORCE SHIP ASSESS- MENT AND REQUIREMENT REPORTING. Section 8695(e) of title 10, United States Code, is amended— (1) in the subsection heading, by striking ‘‘AMPHIBIOUS WARFARE SHIPS’’ and inserting ‘‘RESPONSIBILITIES OF COM- MANDANT OF MARINE CORPS’’; and (2) by inserting before the period at the end the following: ‘‘and for naval vessels with the primary mission of transporting Marines’’. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00250 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 385 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 1020. POLICY OF THE UNITED STATES ON SHIPBUILDING DEFENSE INDUSTRIAL BASE. Section 1025(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 7291 note) is amended— (1) by striking ‘‘United States’’ and all that follows and inserting ‘‘United States—’’; and (2) by adding at the end the following new paragraphs: ‘‘(1) to have available, as soon as practicable, not fewer than 355 battle force ships, comprised of the optimal mix of platforms, with funding subject to the availability of appropria- tions or other funds; and ‘‘(2) that the United States shipbuilding defense industrial base is fundamental to achieving the shipbuilding requirements of the Navy and constitutes a unique national security impera- tive that requires sustainment and support by the Navy and Congress.’’. SEC. 1021. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VES- SELS. None of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended to retire, prepare to retire, or place in storage any of the following naval vessels: (1) USS Germantown (LSD 42). (2) USS Gunston Hall (LSD 44). (3) USS Tortuga (LSD 46). (4) USS Shiloh (CG 67). SEC. 1022. AUTHORITY TO USE INCREMENTAL FUNDING TO ENTER INTO A CONTRACT FOR THE ADVANCE PROCUREMENT AND CONSTRUCTION OF A SAN ANTONIO-CLASS AMPHIB- IOUS SHIP. (a) IN GENERAL.—Amounts authorized to be appropriated by this Act or otherwise made available for the Navy for Shipbuilding and Conversion for any of fiscal years 2023 through 2025 may be used by the Secretary of the Navy to enter into an incrementally funded contract for the advance procurement and construction of a San Antonio-class amphibious ship. (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. 1023. AUTHORITY TO USE INCREMENTAL FUNDING TO ENTER INTO A CONTRACT FOR THE ADVANCE PROCUREMENT AND CONSTRUCTION OF A SUBMARINE TENDER. (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 2024 may be used by the Secretary of the Navy to enter into an incrementally funded contract for the advance procurement and construction of a submarine tender. (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 Time period. 10 USC 8661 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00251 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 386 PUBLIC LAW 118–31—DEC. 22, 2023 Government for the termination of the contract shall be limited to the total amount of funding obligated at time of termination. SEC. 1024. BIANNUAL BRIEFINGS ON SUBMARINE READINESS. (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, and once every 180 days thereafter until September 30, 2026, the Secretary of the Navy shall provide to the congressional defense committees a briefing on submarine maintenance and readiness. (b) ELEMENTS.—Each briefing required under subsection (a) shall include the following: (1) An overview of submarine maintenance activities, including— (A) the original estimated schedule for completion of attack, ballistic, and guided missile submarine depot-level maintenance activities; (B) any adjustments made to such schedule; (C) in the case of any such adjustment— (i) the reason why the adjustment was necessary; and (ii) an identification of the new timeframe for completion and any additional costs, broken out by shipyard or private entity (by site), by name, and by type of submarine; (iii) a discussion of the reasons for the scheduling delays (manpower, parts, or other), including projec- tions with respect to the availability of parts; (iv) a discussion of how the cannibalization of sub- marines for parts affects the overall maintenance capacity and scheduling, as well as a discussion on how moving money from program to program during the year of execution affects the scheduling of mainte- nance; and (v) a discussion of the efforts the Navy has taken to address the ongoing delays. (2) A discussion of ongoing Shipyard Infrastructure Optimization Program efforts and how such efforts affect depot- level maintenance activities for attack, ballistic, and guided missile submarines. (3) A discussion of how the Department of the Navy is applying lessons learned from other Navy programs to the submarine maintenance enterprise. (4) Recommendations for legislative changes required with respect to policies or resources to ensure efficient and effective maintenance and operational readiness for the submarine enterprise. Subtitle D—Counterterrorism SEC. 1031. 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 (Public Law 115–232; 132 Stat. 1953), as most recently amended by section 1031 of the James Recommenda- tions. Overview. Deadline. Termination date. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00252 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 387 PUBLIC LAW 118–31—DEC. 22, 2023 M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’. SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CON- STRUCT 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 (Public Law 115–232; 132 Stat. 1954), as most recently amended by section 1032 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’. SEC. 1033. 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 (Public Law 115–232; 132 Stat. 1954), as most recently amended by section 1033 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’. SEC. 1034. 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 (Public Law 115–91; 131 Stat. 1551), as most recently amended by section 1034 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117– 263), is further amended by striking ‘‘2023’’ and inserting ‘‘2024’’. Subtitle E—Miscellaneous Authorities and Limitations SEC. 1041. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION OF CHAIRMAN’S RISK ASSESSMENT; BRIEFING REQUIREMENT. (a) OFFICE OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.— Of the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Chairman of the Joint Chiefs of Staff for travel expenses, not more than 80 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives the risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be submitted pursuant to paragraph (3) of such subsection by not later than February 15, 2024. (b) OFFICE OF THE SECRETARY OF DEFENSE.—Of the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for Plan. Effective date. Deadline. 136 Stat. 2769. 136 Stat. 2769. 136 Stat. 2769. 136 Stat. 2769. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00253 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 388 PUBLIC LAW 118–31—DEC. 22, 2023 the Office of the Secretary of Defense for travel expenses, not more than 80 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives the risk mitigation plan required to be submitted as part of the assessment referred to in subsection (a), if applicable. (c) BRIEFING REQUIREMENT.—Section 153 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(d) BRIEFING REQUIREMENT.—(1) Not later than 15 days after the submission of the risk assessment required under subsection (b)(2) or March 1 of each even-numbered year, whichever is earlier, the Chairman shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Chairman under this section. ‘‘(2) The briefing required under paragraph (1) shall include— ‘‘(A) a detailed review of the risk assessment required under paragraph (2) of subsection (b), including how such risk assessment addresses the elements required in subparagraph (B) of such paragraph; ‘‘(B) an analysis of how the risk assessment informs and supports other Joint Staff assessments, including joint capa- bility development assessments, joint force development assess- ments, comprehensive joint readiness assessments, and global military integration assessments; and ‘‘(C) if the risk assessment is not delivered at or before the time of the briefing, a timeline for when the risk assessment will be submitted to the Committees on Armed Services of the Senate and the House of Representatives.’’. SEC. 1042. ASSISTANCE IN SUPPORT OF DEPARTMENT OF DEFENSE ACCOUNTING FOR MISSING UNITED STATES GOVERN- MENT PERSONNEL. (a) MODIFICATION OF ASSISTANCE.—Section 408 of title 10, United States Code, is amended— (1) in the section heading, by striking ‘‘ Equipment and training of foreign personnel to assist in ’’ and inserting ‘‘ Assistance in support of ’’; (2) in subsection (b), by adding at the end the following new paragraph: ‘‘(5) Funds.’’; (3) in subsection (d)— (A) in the subsection heading, by striking ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; (B) by striking ‘‘The’’ and inserting ‘‘(1) Except as pro- vided in paragraph (2), the’’; (C) by striking ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’; and (D) by adding at the end the following new paragraphs: ‘‘(2) The Secretary may waive the limitation under paragraph (1) if the Secretary submits to the congressional defense committees notice of the waiver together with the reasons why the waiver is necessary. ‘‘(3) No assistance may be provided under this section to a foreign nation the government of which the Secretary of State determines has repeatedly provided support for international ter- rorism pursuant to— Determination. Waiver authority. Notice. 10 USC prec. 401. Timeline. Analysis. Review. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00254 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 389 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)); ‘‘(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); or ‘‘(C) section 40 of the Arms Export Control Act (22 U.S.C. 2780).’’; (4) by striking subsection (f); and (5) by adding at the end the following new subsection (f): ‘‘(f) ANNUAL REPORT.—Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year.’’. (b) BRIEFING.—Not later than July 1, 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the provision of funds under section 408 of title 10, United States Code, as amended by subsection (a), and the anticipated demand for such funds. SEC. 1043. IMPLEMENTATION OF ARRANGEMENTS TO BUILD TRANS- PARENCY, CONFIDENCE, AND SECURITY. Section 2241 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(d) IMPLEMENTATION OF VIENNA DOCUMENT 2011.—Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Depart- ment of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures.’’. SEC. 1044. MODIFICATION TO DEFINITIONS OF CONFUCIUS INSTITUTE. (a) LIMITATION ON PROVISION OF FUNDS TO INSTITUTIONS OF HIGHER EDUCATION.—Paragraph (1) of section 1062(d) of the Wil- liam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2241) is amended to read as follows: ‘‘(1) CONFUCIUS INSTITUTE.—The term ‘Confucius Institute’ means— ‘‘(A) any program that receives funding or support from— ‘‘(i) the Chinese International Education Founda- tion; or ‘‘(ii) the Center for Language Exchange Coopera- tion of the Ministry of Education of the People’s Republic of China; or ‘‘(B) any cultural institute funded by the Government of the People’s Republic of China.’’. (b) PROHIBITION OF FUNDS FOR CHINESE LANGUAGE INSTRUC- TION.—Paragraph (2) of section 1091(d) of the of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1998) is amended to read as follows: ‘‘(2) CONFUCIUS INSTITUTE.—The term ‘Confucius Institute’ means— ‘‘(A) any program that receives funding or support from— ‘‘(i) the Chinese International Education Founda- tion; or 10 USC 2241 note. Deadline. Time period. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00255 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 390 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(ii) the Center for Language Exchange Coopera- tion of the Ministry of Education of the People’s Republic of China; or ‘‘(B) any cultural institute funded by the Government of the People’s Republic of China.’’. SEC. 1045. TERMINATION OF AUTHORITY TO ISSUE WAIVER OF LIMITA- TION ON USE OF FUNDS TO INSTITUTIONS OF HIGHER EDUCATION HOSTING CONFUCIUS INSTITUTES. Section 1062(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283; 10 U.S.C. 2241 note) is amended by adding at the end the following new paragraph: ‘‘(3) TERMINATION OF AUTHORITY.—The authority to issue a waiver under paragraph (1) shall terminate on October 1, 2026, and any waiver issued under such paragraph shall not apply on or after such date.’’. SEC. 1046. VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR ALLIES AND PARTNERS PARTICIPATING IN EDU- CATION OR TRAINING ACTIVITIES IN THE UNITED STATES. (a) WAIVER BY SECRETARY OF DEFENSE.—Subsection (a) of sec- tion 1090 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) is amended by adding at the end the following new paragraph: ‘‘(5) WAIVER.— ‘‘(A) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, and without delega- tion, may waive the requirement to vet covered individuals under this section— ‘‘(i) on a person-by-person basis, if the Secretary of Defense determines that the waiver is in the national security interests of the United States; or ‘‘(ii) on a country-by-country basis, with respect to foreign nationals or other appropriate persons who hold a security clearance issued by that country, if the Secretary of Defense determines that the vetting procedures of the country are functionally equivalent to the vetting procedures of the United States for United States military personnel. ‘‘(B) FUNCTIONAL EQUIVALENCE.— ‘‘(i) DEFINITION.—The Secretary of Defense, acting through the Under Secretary of Defense for Intelligence and Security and in consultation, as appropriate, with the Secretary of State, shall establish and submit to the congressional defense committees a definition of functional equivalence for purposes of making a deter- mination under subparagraph (A)(ii). The Secretary of Defense shall notify the congressional defense committees of any subsequent modification the Sec- retary makes to the definition. ‘‘(ii) ASSESSMENT.—The Secretary of Defense shall conduct an assessment of the vetting procedures of a country prior to making a determination of functional equivalence under subparagraph (A)(ii). Such assess- ment shall take into consideration any information Notification. Determination. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00256 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 391 PUBLIC LAW 118–31—DEC. 22, 2023 about such procedures provided to the Secretary of Defense by the Secretary of State. ‘‘(C) NOTIFICATION REQUIREMENT.—The Secretary of Defense shall submit a written notification to the congres- sional defense committees not later than 48 hours after exercising the waiver authority under subparagraph (A), including a justification for the waiver and an assessment of the vetting procedures of a country, if appropriate.’’. (b) TYPE OF ACCESS COVERED.—Subsections (a) through (c) of such section 1090 are further amended by striking ‘‘physical access’’ each place it appears and inserting ‘‘unescorted physical access’’. (c) DEFINITIONS.— (1) COVERED INDIVIDUAL.—Subsection (e)(2) of such section is amended to read as follows: ‘‘(2) The term ‘covered individual’— ‘‘(A) except as provided in subparagraph (B), means a foreign national or other appropriate person who is— ‘‘(i) seeking unescorted physical access to a Depart- ment of Defense installation or facility within the United States; and ‘‘(ii)(I) selected, nominated, or accepted for training or education for a period of more than 14 days occur- ring on a Department of Defense installation or facility within the United States; or ‘‘(II) an immediate family member accompanying a foreign national or other appropriate person who has been so selected, nominated, or accepted for such training or education; and ‘‘(B) does not include a foreign national or other appro- priate person of Australia, Canada, New Zealand, or the United Kingdom who holds a security clearance issued by the country of the foreign national and has provided the Department of Defense a certification of such clear- ance.’’. (2) IMMEDIATE FAMILY MEMBER.—Subsection (e)(4) of such section is amended— (A) by striking ‘‘means the parent’’ and inserting the following: ‘‘means a person who— ‘‘(A) is the parent’’; (B) in subparagraph (A), as designated by subpara- graph (A) of this paragraph, by striking the period and inserting ‘‘; and’’; and (C) by adding at the end the following new subpara- graph: ‘‘(B) has attained the age of 16 years old at the time that unescorted physical access is to begin.’’. (3) FOREIGN NATIONAL; OTHER APPROPRIATE PERSON.—Sec- tion 1090(e) of such Act is amended by adding at the end the following new paragraphs: ‘‘(5) The term ‘foreign national’ means a person who is not a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ‘‘(6) The term ‘other appropriate person’ means a person who is a citizen of both the United States and another country VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00257 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 392 PUBLIC LAW 118–31—DEC. 22, 2023 or who is an alien lawfully admitted for permanent residence in the United States, if such person intends to attend training or education on behalf of a foreign country.’’. (d) CLARIFYING AMENDMENT.—Such section is further amended by striking ‘‘Secretary’’ each place it appears and inserting ‘‘Sec- retary of Defense’’ in the following provisions: (1) Paragraphs (2), (3), and (4) of subsection (a). (2) Paragraph (1) of subsection (b) in the matter preceding subparagraph (A). SEC. 1047. AUTHORITY TO INCLUDE FUNDING REQUESTS FOR THE CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM IN BUDGET ACCOUNTS OF MILITARY DEPARTMENTS. Section 1701(d)(2) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 50 U.S.C. 1522(d)(2)) is amended by striking ‘‘may not be included in the budget accounts’’ and inserting ‘‘may be included in the budget accounts’’. SEC. 1048. LIMITATION ON AVAILABILITY OF FUNDS UNTIL DELIVERY OF REPORT ON NEXT GENERATION TACTICAL COMMU- NICATIONS. (a) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Commander of the United States Special Operations Command and the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall jointly submit to the congressional defense committees a report on special operations forces tactical communications requirements and plans for addressing such requirements. (b) ELEMENTS.—The report required under subsection (a) shall include each of the following: (1) A description of special operations forces tactical communications requirements. (2) An explanation of how funding provided in prior fiscal years, and the proposed funding for fiscal year 2024, has enhanced, and will continue to enhance, the fielding of tactical communications capabilities to special operations forces compo- nents. (3) A description of deficiencies identified with the AN/ PRC-163 radio and a plan for addressing such deficiencies. (4) An update on the status of fielding of two-channel manpack and two-channel handheld radios to special operations forces, including an explanation for any special operations forces components or units that have requested, but not yet received, such radios. (5) An articulation of lessons learned from the prior testing and fielding of tactical communications capabilities to meet unique mission requirements of special operations forces compo- nents. (6) An explanation of the approach of the United States Special Operations Command to ensuring that communications capabilities under the tactical communications program meet security and resiliency requirements mandated by section 168 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92). (7) Any other matter the Commander of United States Special Operations Command and the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict determine relevant. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00258 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 393 PUBLIC LAW 118–31—DEC. 22, 2023 (c) LIMITATION ON USE OF FUNDS.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the United States Special Operations Command for procurement of next generation tactical communications, not more than 90 percent may be obligated or expended until the Commander of United States Special Operations Command and the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict submit to the congressional defense committees the report required under subsection (a). SEC. 1049. ESTABLISHMENT OF PROCEDURE OF THE DEPARTMENT OF DEFENSE TO DETERMINE CERTAIN COMPLAINTS OR REQUESTS REGARDING PUBLIC DISPLAYS OR PUBLIC EXPRESSIONS OF RELIGION ON PROPERTY OF THE DEPARTMENT. (a) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations that establish the procedure for the timely determina- tion of a covered complaint or request regarding a public display or public expression of religion on property of the Department of Defense. Such regulations shall ensure that— (1) the officer or official of the Department who receives such complaint or request forwards the covered complaint or request— (A) to the individual authorized to make a determina- tion under subsection (b); and (B) not later than 10 days after such receipt; and (2) such individual— (A) makes such determination not later than 30 days after such individual receives such forwarded covered com- plaint or request; and (B) timely notifies the individual or entity who made such covered complaint or request, and the officer or official of the Department who received such covered complaint or request, of such determination. (b) DETERMINATIONS.—A determination under regulations pre- scribed under subsection (a) shall be made— (1) by— (A) the Secretary of the military department concerned; or (B) the head of the Defense Agency or Department of Defense Field Activity concerned; and (2) after consultation with— (A)(i) in the case of a determination made by the Sec- retary of the military department concerned, the Chief of Chaplains of the military department concerned; or (ii) in the case of a determination made by the head of the Defense Agency or Department of Defense Field Activity concerned, the Armed Forces Chaplains Board; and (B)(i) a civilian attorney under the jurisdiction the Secretary of the military department concerned or the head of the Defense Agency or Department of Defense Field Activity concerned; or (ii) an officer of the Judge Advocate General’s Corps. Notification. Deadline. Regulations. 10 USC note prec. 1561. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00259 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 394 PUBLIC LAW 118–31—DEC. 22, 2023 (c) COVERED COMPLAINT OR REQUEST DEFINED.—In this section, the term ‘‘covered complaint or request’’ means a complaint or request— (1) regarding a public display or public expression of reli- gion on property of the Department of Defense; and (2) made by an individual or entity other than— (A) a member of the Armed Forces; (B) a civilian employee of the Department of Defense; or (C) a contractor of the Department of Defense. SEC. 1050. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUC- TION OF LANDMINES. (a) LIMITATION.—Except as provided in subsection (b), of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense for the destruction of anti-personnel landmine munitions, not more than 30 percent may be obligated or expended before the date on which the Secretary of Defense submits the report required by subsection (c). (b) EXCEPTION FOR SAFETY.—Notwithstanding subsection (a), the Secretary may obligate or expend funds referred to in such subsection in excess of the limitation under such subsection as necessary for the destruction of any anti-personnel landmine muni- tion that the Secretary determines is unsafe or could pose a safety risk to the United States Armed Forces if not demilitarized or destroyed. (c) REPORT REQUIRED.— (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 that includes each of the following: (A) A description of the policy of the Department of Defense regarding the use of anti-personnel landmines, including any available methods for commanders to seek waivers to use such munitions. (B) Projections covering the period of 10 years following the date of the report of— (i) the inventory levels for all anti-personnel land- mine munitions, taking into account future production of anti-personnel landmine munitions, any plans for demilitarization of such munitions, the age of the muni- tions, storage and safety considerations, and any other factors that are expected to affect the size of the inven- tory; (ii) the cost to achieve the inventory levels pro- jected in clause (i), including the cost for potential demilitarization or disposal of such munitions; and (iii) the cost to develop and produce new anti- personnel landmine munitions if the Secretary deter- mines such munitions are necessary to meet the demands of operational plans. (C) An assessment by the Chairman of the Joint Chiefs of Staff of the adequacy of the inventory levels projected under subparagraph (B)(i) to meet operational require- ments. Assessment. Determination. Inventory. Cost projections. Time period. Determination. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00260 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 395 PUBLIC LAW 118–31—DEC. 22, 2023 (D) Any other matters that the Secretary determines appropriate for inclusion in the report. (2) FORM OF REPORT.—The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (d) BRIEFING REQUIRED.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the status, as of the date of the briefing, of research and development into operational alternatives to anti-personnel landmine munitions. (2) FORM OF BRIEFING.—The briefing required by paragraph (1) may contain classified information. (e) ANTI-PERSONNEL LANDMINE MUNITIONS DEFINED.—In this section, the term ‘‘anti-personnel landmine munitions’’ includes anti- personnel landmines and submunitions, as defined by the Conven- tion on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, con- cluded at Oslo September 18, 1997, as determined by the Secretary. SEC. 1051. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL EXPENSES OF OFFICE OF THE SECRETARY OF DEFENSE UNTIL SUBMISSION OF CERTAIN PLANS. Of the funds authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 80 percent may be obligated or expended until the Secretary of Defense submits— (1) the implementation plan required by section 1087(b) of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2802; 10 U.S.C. 161 note) relating to the requirement of such section to establish a joint force headquarters in the area of operations of United States Indo-Pacific Command to serve as an operational command; and (2) the plan required by section 1332(g) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2008) relating to strategic competition in the areas of responsibility of United States Southern Command and United States Africa Command. SEC. 1052. PROHIBITION ON DISPLAY OF UNAPPROVED FLAGS. (a) PROHIBITION.—No flag other than an approved flag shall be displayed in any work place, common access area, or public area of the Department of Defense. (b) EXCLUSIONS.—The prohibition under subsection (a) shall not apply to— (1) the public display or depiction of a flag other than an approved flag in a museum exhibit, State-issued license plate, grave site, memorial marker, monument, educational display, historical display, or work of art, if the nature of the display or depiction cannot reasonably be viewed as endorsement of the flag by the Department of Defense; or (2) a building or area that primarily serves as a place of residence, including a barracks, dormitory, bachelor quarters, government-operated housing, or public-private venture housing area. 10 USC 2661 note. Deadline. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00261 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 396 PUBLIC LAW 118–31—DEC. 22, 2023 (c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to affect the authority of a military commander to enforce good order and discipline on a military installation. (d) DEFINITIONS.—In this section: (1) The term ‘‘approved flag’’ means any of the following: (A) The American flag. (B) The flag of a State or of the District of Columbia. (C) A military service flag. (D) A flag or general officer flag. (E) A Presidentially-appointed, Senate-confirmed civilian flag. (F) A Senior Executive Service or military department- specific flag. (G) The National League of Families POW/MIA flag. (H) The flag of another country that is an ally or partner of the United States or for official protocol pur- poses. (I) The flag of an organization of which the United States is a member. (J) A ceremonial, command, unit, or branch flag or guidon. (K) The flag of an athletic team, club, cadet-led organization, academic department, unit subdivision, or other entity approved to operate at a Service Academy (as such term is defined in section 347 of title 10, United States Code) or in conjunction with a Reserve Officer Training Corps activity. (L) A flag or banner displayed by a retail tenant or non-government entity operating in a building owned or controlled by the Department of Defense, for the purposes of advertising business products and services, if authorized by contract. (M) A religious flag or banner, including a holiday flag, if otherwise authorized. (N) A flag approved at the discretion of the military chain of command or senior civilian leadership, as appro- priate. (2) The term ‘‘work place, common access area, or public area of the Department of Defense’’ includes the following: (A) An office building, facility, naval vessel, aircraft, governmental vehicle, hangar, garage, ready room, storage room, tool and equipment room, or workshop. (B) A sensitive compartmented information facility of other secure facility. (C) A schoolhouse or training facility. (D) The area in plain view of such a building that is not residential in nature, including the areas outside of buildings of the Department of Defense. SEC. 1053. COLLABORATION WITH PARTNER COUNTRIES TO DEVELOP AND MAINTAIN MILITARY-WIDE TRANSFORMATIONAL STRATEGIES FOR OPERATIONAL ENERGY. Section 2926(e)(2)(E) of title 10, United States Code, is amended— (1) by striking ‘‘An assessment’’ and inserting ‘‘A biennial assessment’’; VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00262 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 397 PUBLIC LAW 118–31—DEC. 22, 2023 (2) by striking the period at the end and inserting ‘‘, which shall include—’’; and (3) by adding at the end the following new clauses: ‘‘(i) an identification of efforts by the United States and allied and partner countries to mitigate mutual con- tested logistics challenges and to develop complementary energy security and energy reliance measures; ‘‘(ii) an analysis of investments made by allied and partner countries in any technology, including electric, hydrogen, nuclear, biofuels, and any other sustainable fuel technology or renewable energy technology, that may reduce demand for operational energy in the near-term or long-term; ‘‘(iii) an identification of any limitations or barriers to closing or mitigating gaps in operational energy invest- ment with allied and partner countries, including any addi- tional authorities or appropriations that may be required; and ‘‘(iv) an analysis of the feasibility and advisability of establishing a partnership program using existing authori- ties to collaborate with the national security forces of allied and partner countries for the purpose of developing and maintaining transformational strategies for operational energy with the objectives of enhancing the readiness of such countries and employing diverse energy sources that reduce demand and logistical vulnerabilities.’’. SEC. 1054. STUDENT LOAN DEFERMENT FOR DISLOCATED MILITARY SPOUSES. (a) IN GENERAL.—Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ‘‘(4) DEFERMENT FOR DISLOCATED MILITARY SPOUSES.— ‘‘(A) DURATION AND EFFECT ON PRINCIPAL AND INTEREST.—A borrower of a loan made under this part who meets the requirements of subparagraph (B) shall be eligible for a deferment for an aggregate period of 180 days, during which periodic installments of principal need not be paid, and interest— ‘‘(i) shall not accrue, in the case of a— ‘‘(I) Federal Direct Stafford Loan; or ‘‘(II) a Federal Direct Consolidation Loan that consolidated only Federal Direct Stafford Loans, or a combination of such loans and Federal Staf- ford Loans for which the student borrower received an interest subsidy under section 428; or ‘‘(ii) shall accrue and be capitalized or paid by the borrower, in the case of a Federal Direct PLUS Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan not described in clause (i)(II). ‘‘(B) ELIGIBILITY.—A borrower of a loan made under this part shall be eligible for a deferment under subpara- graph (A) if the borrower— Analyses. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00263 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 398 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(i) is the spouse of a member of the Armed Forces serving on active duty; and ‘‘(ii) has experienced a loss of employment as a result of relocation to accommodate a permanent change in duty station of such member. ‘‘(C) DOCUMENTATION AND APPROVAL.— ‘‘(i) IN GENERAL.—A borrower may establish eligi- bility for a deferment under subparagraph (A) by pro- viding to the Secretary— ‘‘(I) the documentation described in clause (ii); or ‘‘(II) such other documentation as the Sec- retary determines appropriate. ‘‘(ii) DOCUMENTATION.—The documentation described in this clause is— ‘‘(I) evidence that the borrower is the spouse of a member of the Armed Forces serving on active duty; ‘‘(II) evidence that a military permanent change of station order was issued to such member; and ‘‘(III)(aa) evidence that the borrower is eligible for unemployment benefits due to a loss of employ- ment resulting from relocation to accommodate such permanent change in duty station; or ‘‘(bb) a written certification, or an equivalent as approved by the Secretary, that the borrower is registered with a public or private employment agency due to a loss of employment resulting from relocation to accommodate such permanent change in duty station.’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. Subtitle F—Studies and Reports SEC. 1061. MODIFICATIONS OF REPORTING REQUIREMENTS. (a) CONSOLIDATED BUDGET QUARTERLY REPORT ON USE OF FUNDS.—Section 381(b) of title 10, United States Code, is amended— (1) in the subsection heading, by striking ‘‘QUARTERLY REPORT’’ and inserting ‘‘SEMIANNUAL REPORT’’; (2) by striking ‘‘Not later than 60 days after the end of each calendar quarter, the’’ and inserting ‘‘The’’; (3) by striking ‘‘Defense during such calendar quarter’’ and inserting ‘‘Defense—’’; and (4) by adding at the end the following new paragraphs: ‘‘(1) by not later than August 31 of each year, for the first six-month period of that year; and ‘‘(2) by not later than February 28 of each year, for the second six-month period of the preceding year.’’. (b) NATIONAL SECURITY STRATEGY FOR THE NATIONAL TECH- NOLOGY AND INDUSTRIAL BASE.—Section 4811(a) of title 10, United States Code, is amended by striking ‘‘The Secretary shall submit such strategy to Congress not later than 180 days after the date 20 USC 1087e note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00264 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 399 PUBLIC LAW 118–31—DEC. 22, 2023 of submission of the national security strategy report required under section 108 of the National Security Act of 1947 (50 U.S.C. 3043).’’ and inserting ‘‘The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under section 4814 of this title.’’. (c) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE REPORT AND QUARTERLY BRIEFING.— (1) IN GENERAL.—Section 4814 of title 10, United States Code, is amended— (A) by amending the section heading to read as follows: ‘‘§ 4814. National technology and industrial base: biennial report’’; (B) by striking ‘‘(a) ANNUAL REPORT.—’’; (C) by striking ‘‘March 1 of each year’’ and inserting ‘‘March 1 of each odd-numbered year’’; and (D) by striking subsection (b). (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 382 of such title is amended by striking the item relating to section 4814 and inserting the following: ‘‘4814. National technology and industrial base: biennial report.’’. (3) CONFORMING AMENDMENT.—Section 858(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended— (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) through (H) as subparagraphs (A) through (G), respectively. (d) ANNUAL MILITARY CYBERSPACE OPERATIONS REPORT.—Sec- tion 1644 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 394 note; Public Law 116–92) is amended— (1) in subsection (a) in the matter preceding paragraph (1) in the first sentence— (A) by inserting ‘‘effects’’ after ‘‘all named military cyberspace’’; and (B) by striking ‘‘, operations, cyber effects enabling operations, and cyber operations conducted as defensive operations’’ and inserting ‘‘conducted for either offensive or defensive purposes’’; and (2) in subsection (c), by inserting ‘‘or cyber effects operations for which Congress has otherwise been provided notice’’ before the period. (e) EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO THE VETTED SYRIAN OPPOSITION.—Section 1231(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended— (1) in the subsection heading, by striking ‘‘QUARTERLY’’ and inserting ‘‘SEMIANNUAL’’; and (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking ‘‘quarterly’’ and inserting ‘‘semiannual’’; and (B) in subparagraph (A), by striking ‘‘90-day’’ and inserting ‘‘180-day’’. (f) THEFT, LOSS, OR RELEASE OF BIOLOGICAL SELECT AGENTS OR TOXINS INVOLVING DEPARTMENT OF DEFENSE.—Section 1067(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 1528(a)) is amended to read as follows: 10 USC 48110 note. 10 USC prec. 4811. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00265 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 400 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(a) NOTIFICATION.—(1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release. ‘‘(2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety. ‘‘(3) In this subsection, the term ‘covered report’ means a report filed under any of the following (or any successor regulations): ‘‘(A) Section 331.19 of title 7, Code of Federal Regulations. ‘‘(B) Section 121.19 of title 9, Code of Federal Regulations. ‘‘(C) Section 73.19 of title 42, Code of Federal Regulations.’’. (g) AUDIT OF DEPARTMENT OF DEFENSE FINANCIAL STATE- MENTS.—Section 240a of title 10, United States Code, is amended— (1) by striking ‘‘(A) ANNUAL AUDIT REQUIRED.—’’; and (2) by striking subsection (b). (h) FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.— Section 240b(b) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking ‘‘June 30, 2019, and annually thereafter’’ and inserting ‘‘July 31 each year’’; (B) in subparagraph (B)— (i) by striking clauses (vii) through (x); and (ii) by redesignating clauses (xi), (xii), and (xiii) as clauses (vii), (viii), and (ix), respectively; and (C) by striking subparagraph (C); and (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking ‘‘June 30’’ and inserting ‘‘July 31’’; and (ii) by striking the second sentence; and (B) in subparagraph (B)— (i) by striking ‘‘June 30’’ and inserting ‘‘July 31’’; and (ii) by striking the second sentence. (i) ANNUAL REPORTS ON FUNDING.—Section 1009(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 240b note) is amended by striking ‘‘five days’’ and inserting ‘‘10 days’’. SEC. 1062. EXTENSION OF REQUIREMENT TO SUBMIT A REPORT ON DEPARTMENT OF DEFENSE SUPPORT FOR DEPARTMENT OF HOMELAND SECURITY AT THE INTERNATIONAL BOR- DERS OF THE UNITED STATES. Section 1014(d)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 271 note) is amended by striking ‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’. Definition. Determination. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00266 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 401 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 1063. BRIEFING ON DEFENSE POW/MIA ACCOUNTING AGENCY CAPABILITIES REQUIRED TO EXPAND ACCOUNTING FOR PERSONS MISSING FROM DESIGNATED PAST CONFLICTS. (a) IN GENERAL.—Not later than March 1, 2024, and annually thereafter for each of the next five years, the Director of the Defense POW/MIA Accounting Agency shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the capabilities required to expand accounting for per- sons missing from designated past conflicts. (b) AUTHORITY TO ENTER INTO AGREEMENTS.—The Director of the Defense POW/MIA Accounting Agency may enter into agree- ments with universities or research organizations under which such universities or research organizations agree to provide additional capabilities for specialized missions or research requirements relating to expanding accounting for persons missing from des- ignated past conflicts. SEC. 1064. AIR FORCE PLAN FOR MAINTAINING PROFICIENT AIRCREWS IN CERTAIN MISSION AREAS. (a) PLAN REQUIRED.— The Secretary of the Air Force shall develop a plan, and the associated actions and milestones for imple- menting the plan, to designate, equip, and train the number of combat air forces aviation units (in this section referred to as ‘‘CAF units’’), equipped with fixed-wing or rotorcraft assets, that are required in order to maintain proficient aircrew skills in accord- ance with the Core Mission Essential Task List and Designed Operational Capability Statement of each such unit in the following mission areas: (1) Close air support. (2) Forward air controller–airborne. (3) Combat search and rescue. (4) Airborne battle management. (b) REPORT.—The Secretary of the Air Force shall submit to the congressional defense committees a report on the plan required under subsection (a). Such report shall include the following information: (1) The number of CAF units required to meet steady- state, contingency, and wartime mission requirements for each mission area referred to in subsection (a). (2) The number of proficient aircrews each unit must main- tain in order to be qualified and current in each such mission area. (3) The number of CAF units and aircrew personnel that, as of the date of the enactment of this Act, are trained and equipped to meet steady-state, contingency, and wartime mis- sion requirements for each such mission area. (4) The location of any CAF unit and associated aircraft that have been designated to be proficient in such mission areas. (5) The minimum quantity of initial training and continu- ation training sorties and events aircrews will be required to achieve monthly and yearly to be qualified as proficient, current, and experienced in such mission areas. (6) Any other information, data, or analyses the Secretary determines relevant. (c) LIMITATION.—The Secretary of the Air Force may not reduce the total inventory of the Air Force of A-10 aircraft below 218 Effective date. 10 USC 1501 note. Deadline. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00267 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 402 PUBLIC LAW 118–31—DEC. 22, 2023 until the date that is 180 days after the date on which the Secretary submits the report required under subsection (b). (d) DEFINITION OF PROFICIENT.—In this section, the term ‘‘pro- ficient’’, with respect to an aircrew, means that such aircrew— (1) has thorough knowledge but occasionally may make an error of omission or commission; (2) is able to operate in a complex, fluid environment and is able to handle most contingencies and unusual circumstances; and (3) is prepared for mission tasking on the first sortie in a theater of operations. SEC. 1065. INDEPENDENT STUDY ON NAVAL MINE WARFARE. (a) STUDY REQUIRED.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall seek to enter into an agreement with a federally funded research and development center to conduct an independent study of the mine warfare capabilities of the Navy. (b) ELEMENTS.—The study under subsection (a) shall include an assessment and comprehensive review of— (1) the offensive and defensive mine warfare capabilities of the Navy; and (2) the offensive mine inventories of Navy as of the date of study. (c) RESULTS.—Following the completion of the study under sub- section (a), the federally funded research and development center that conducts the study shall submit to the Secretary of Defense a report on the results of the study. The report shall include— (1) a summary of the research and other activities carried out as part of the study; and (2) considerations and recommendations to improve the mine warfare capabilities of the Navy, including recommenda- tions for any legislation that may be needed for such purpose. (d) SUBMITTAL TO CONGRESS.— (1) IN GENERAL.—Not later than December 31, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (A) an unaltered copy of the results of the study, as submitted to the Secretary under subsection (c); and (B) the written responses of the Secretary and the Chairman of the Joint Chiefs of Staff to such results. (2) FORM.—The submission under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. SEC. 1066. ANNUAL REPORT AND BRIEFING ON IMPLEMENTATION OF FORCE DESIGN 2030. (a) IN GENERAL.—Not later than February 15, 2024, and annually thereafter through February 15, 2030, the Commandant of the Marine Corps shall submit to the congressional defense committees a report detailing the programmatic choices made to implement Force Design 2030, including both new developmental and fielded capabilities, as well as capabilities and capacity divested to accelerate the implementation of Force Design 2030. (b) BRIEFING REQUIREMENT.—Not later than March 15, 2024, and annually thereafter through March 15, 2030, the Commandant of the Marine Corps shall provide to the congressional defense committees a briefing on the elements described in subsection (c). Time periods. Records. Recommenda- tions. Summary. Contracts. Deadlines. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00268 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 403 PUBLIC LAW 118–31—DEC. 22, 2023 (c) ELEMENTS.—Each report required under subsection (a) and briefing required under subsection (b) shall include the following elements: (1) An assessment of changes in the national defense strategy, Defense Planning Guidance, Joint Warfighting Con- cept (and associated concept required capabilities), and other planning processes that informed Force Design 2030. (2) An inventory and assessment of the exercises and experimentation related to the Force Design, starting in fiscal year 2020, including an identification of the capabilities that were involved and the extent to which such exercises and experimentation validated or militated against proposed capa- bility investments. (3) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— (A) a timeline of the progress of each divestment; (B) the type of force structure or equipment divested or reduced; (C) the percentage of force structure or equipment divested or reduced, including any equipment entered into inventory management or another form of storage; (D) the rationale and context behind such divestment; (E) an identification of whether such divestment affects the ability of the Marine Corps to meet the requirements of the Global Force Management process and operational plans, including an explanation of how the Marine Corps plans to mitigate the loss of such capability or capacity if the divestment affects the ability of the Marine Corps to meet the requirements of the Global Force Management process and operational plans, including through new investments, additional joint planning and training, or other methods; and (F) an assessment of the actual and projected recruit- ment and retention percentages for the Marine Corps, starting in fiscal year 2020. (4) An inventory of extant or planned investments as a part of Force Design 2030, disaggregated by integrated air and missile defense, littoral mobility and maneuver, sea denial, and reconnaissance and counter-reconnaissance forces, including— (A) capability name; (B) capability purpose and context; (C) capability being replaced (or not applicable); (D) date of initial operational capability; (E) date of full operational capability; (F) deliveries of units by year; and (G) approved acquisition objective or similar inventory objective. (5) A description of the amphibious warfare ship and mari- time mobility requirements the Marine Corps submitted to the Department of the Navy in support of the Marine Corps organization and concepts under Force Design 2030 and its statutory requirements, including— (A) an explicit statement of the planning assumptions about readiness of amphibious warfare ships and maritime Inventory. Timeline. Inventory. Inventory. Assessments. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00269 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 404 PUBLIC LAW 118–31—DEC. 22, 2023 mobility platforms that were used in developing the requirements; and (B) an assessment of whether the 30-year shipbuilding plan of the Navy and the budget for the fiscal year covered by the briefing meet the amphibious ship requirements of the Navy. (6) An assessment of how the capability investments described in paragraph (4) contribute to joint force efficacy in new ways, including through support of other Armed Forces. (7) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force over the two fiscal years preceding the fiscal year during which the report and briefing are provided and the expected ability to generate forces for the subsequent two fiscal years. (8) An assessment of Marine Corps force structure and the readiness of Marine Expeditionary Units compared to avail- ability of amphibious ships comprising an Amphibious Ready Group over the two fiscal years preceding the fiscal year during which the report and briefing are provided and the expected availability for the subsequent two fiscal years. (9) An assessment by the Marine Corps of the compliance of the Marine Corps with the statutory organization prescribed in section 8063 of title 10, United States Code, that ‘‘[t]he Marine Corps, within the Department of the Navy, shall be so organized as to include not less than three combat divisions and three air wings, and such other land combat, aviation, and other services as may be organic therein’’. (10) An assessment by the Marine Corps of the compliance of the Marine Corps with the statutory functions prescribed in section 8063 of title 10, United States Code, that ‘‘[t]he Marine Corps shall be organized, trained, and equipped to provide fleet marine forces of combined arms, together with supporting air components, for service with the fleet in the seizure or defense of advanced naval bases and for the conduct of such land operations as may be essential to the prosecution of a naval campaign’’. (d) EFFECT ON OTHER REQUIREMENTS.—Effective on the date of the submission of the first report required under subsection (a), the requirement to provide a briefing pursuant to section 1023 of the Joint Explanatory Statement accompanying the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) shall cease to have force or effect. SEC. 1067. STUDY AND REPORT ON POTENTIAL INCLUSION OF BLACK BOX DATA RECORDERS IN TACTICAL VEHICLES. (a) STUDY.—The Comptroller General of the United States shall carry out a study to determine the extent to which the Department of Defense has evaluated feasability and advisability of equipping all tactical vehicles of the Armed Forces with black box data recorders. (b) REPORT.—The Comptroller General shall— (1) not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under subsection (a); and Termination date. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00270 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 405 PUBLIC LAW 118–31—DEC. 22, 2023 (2) submit to the congressional defense committees a final report on such study. SEC. 1068. PLAN ON COUNTERING HUMAN TRAFFICKING. (a) PLAN.—Not later than 120 days after the date of the enact- ment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a plan for coordinating with defense partners in North America and South America and sup- porting interagency departments and agencies, as appropriate, in countering human trafficking operations, including human traf- ficking by transnational criminal organizations. (b) ELEMENTS OF PLAN.—The plan under subsection (a) shall include— (1) a description of the threat to United States security from human trafficking operations; (2) a description of the authorities of the Department of Defense for the purposes specified in subsection (a); (3) a description of any current or proposed Department of Defense programs or activities to coordinate with defense partners or provide support to interagency departments and agencies as described in subsection (a); and (4) any recommendations of the Secretary of Defense for additional authorities for the purposes of countering human trafficking, including by transnational criminal organizations. (c) BRIEFING.—Not later than 180 days after the submission of the plan required under subsection (a), the Secretary of Defense shall brief the appropriate congressional committees regarding the authorities, programs, and activities of the Department of Defense to counter human trafficking operations. (d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘‘appropriate congressional committees’’ means— (1) the congressional defense committees; (2) the Committee on Homeland Security and Govern- mental Affairs and the Committee on Foreign Relations of the Senate; and (3) the Committee on Oversight and Administration and the Committee on Foreign Affairs of the House of Representa- tives. SEC. 1069. UPDATE TO STRATEGIC PLAN ON DEPARTMENT OF DEFENSE COMBATING TRAFFICKING IN PERSONS PRO- GRAM. (a) IN GENERAL.—The Secretary of Defense shall update the strategic plan for the combating trafficking in persons program of the Department of Defense. (b) ELEMENTS OF PLAN.—The updated strategic plan required under subsection (a) shall include each of the following: (1) An assessment of the efforts of the Department of Defense to combat trafficking in persons in areas with high populations of members of the United States Armed Forces, including in overseas locations. (2) A review of the coordination of efforts of the Department to combat trafficking in persons across the military departments in areas where multiple military departments operate bases. (3) Recommendations for improved cooperation with local communities and relevant Federal, State, and local law enforce- ment agencies in addressing trafficking in persons. Recommenda- tions. Review. Assessment. Definition. Recommenda- tions. Deadlines. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00271 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 406 PUBLIC LAW 118–31—DEC. 22, 2023 (4) A review of new methods and concepts for combating trafficking in persons that the Department has implemented since the previous strategic plan. (5) A description of plans of the Department to adapt innovative approaches, and integrate new technologies. (6) An analysis of Department capabilities to combat child sexual abuse and exploitation in areas with high populations of members of the United States Armed Forces, including over- seas locations. (7) Recommendations for programs to educate members of the United States Armed Forces on how to identify and report instances of child sexual abuse and exploitation, both online and in-person, to the appropriate law enforcement agency. (c) BRIEFING.—Not later than June 1, 2024, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the updated strategic plan required under subsection (a). (d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘‘appropriate congressional committees’’ means— (1) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Oversight and Account- ability of the House of Representatives; and (2) the Committee Armed Services, the Committee on For- eign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 1070. REPORT ON USE OF TACTICAL FIGHTER AIRCRAFT FOR DEPLOYMENTS AND HOMELAND DEFENSE MISSIONS. (a) STUDY REQUIRED.—The Secretary of Defense, in consultation with the Secretary of the Air Force and the Secretary of the Navy, shall conduct a study on the use of Department of Defense tactical fighter aircraft for deployments, including taskings supporting homeland defense missions. (b) ELEMENTS.—In carrying out the study required under sub- section (a), the Secretary shall— (1) review both deployment and exercise requirements for tactical fighter aircraft levied by each geographic combatant command; (2) assess the deployable forces currently available to fulfill each of the requirements identified under paragraph (1), including whether such forces are adequate to meet the global requirements; (3) review any relevant tactical fighter forces that are not considered deployable or available to meet the requirements of the combatant commanders and consider whether the status of such forces can or should change; (4) assess whether tactical fighter aircraft coverage of the United States during the deployment of tactical fighter aircraft to locations outside the United States has been adequately considered, in particular with respect to the areas in and around Alaska and Hawaii; (5) assess the land-based tactical fighter aircraft units of the active and reserve components of the Air Force, Navy, and Marine Corps that could be considered for inclusion in homeland defense mission requirements; and Reviews. Assessments. Definition. Deadline. Recommenda- tions. Analysis. Review. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00272 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 407 PUBLIC LAW 118–31—DEC. 22, 2023 (6) identify and evaluate deployment metrics, for each of the 15 fiscal years preceding the fiscal year during which the study is conducted, for the tactical fighter squadrons of the active and reserve components of the Air Force, Navy, and Marine Corps, which shall include— (A) all contingency taskings supported, aggregated by active and reserve component taskings supporting Oper- ation Noble Eagle and President of the United States sup- port missions and overseas contingency taskings; (B) the average number of deployments per squadron, aggregated by active and reserve component squadrons; (C) the average deployment duration (in days), aggre- gated by active and reserve components; and (D) the percentage of days deployed, aggregated by active and reserve components. (c) REPORT.—Not later than May 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that includes the results of a study required under subsection (a). SEC. 1071. REPORT ON EQUIPPING CERTAIN GROUND COMBAT UNITS WITH SMALL UNMANNED AERIAL SYSTEMS. (a) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consulta- tion with the Secretaries of the military departments, shall submit to the congressional defense committees a report on equipping pla- toon-sized ground combat formations with group 1 or group 2 unmanned aerial systems. (b) ELEMENTS.—The report submitted pursuant to subsection (a) shall address the following: (1) The use of group 1 or group 2 unmanned aerial systems in the Ukraine conflict and best practices learned. (2) The potential use of group 1 or group 2 unmanned aerial systems to augment small unit tactics and lethality in the ground combat forces. (3) Procurement challenges, legal restrictions, training shortfalls, operational limitations, or other impediments to fielding group 1 or group 2 unmanned aerial systems at the platoon level. (4) A plan to equip platoon-sized ground combat formations in the close combat force with group 1 or group 2 unmanned aerial systems at a basis of issue, as determined appropriate by the Secretary of the military department concerned, including a proposed timeline and fielding strategy. (5) A plan to equip such other ground combat units with group 1 or group 2 unmanned aerial systems, as determined appropriate by the Secretary of the military department con- cerned. SEC. 1072. BIANNUAL BRIEFINGS ON HOMELAND DEFENSE PLANNING. (a) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter through February 1, 2026, the Secretary of Defense shall provide to the congressional defense committees a briefing on efforts to bolster homeland defense. (b) CONTENTS.— (1) FIRST BRIEFING.—The first briefing required by sub- section (a) shall include each of the following: Deadline. Time period. Plan. Plan. Contracts. Evaluation. Time periods. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00273 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 408 PUBLIC LAW 118–31—DEC. 22, 2023 (A) A detailed description of the homeland defense policy guidance. (B) The assumptions used in the drafting of such guid- ance. (C) If such guidance has not been completed, an expla- nation of the reasons for the lack of completion and a timeline for completion. (2) ALL BRIEFINGS.—Each briefing required under sub- section (a) shall include each of the following: (A) A summary of any update made to the homeland defense policy guidance. (B) An update on threats to the United States ema- nating from the Government of the People’s Republic of China, the Government of the Russian Federation, the Government of the Democratic People’s Republic of Korea, the Government of Iran, and any other adversary country, as determined by the Secretary. (C) A description of major actions taken by the Depart- ment during the preceding fiscal year to respond to and mitigate military threats to the United States. (D) A description of the homeland defense policies of the Department in the event of a military conflict with the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of Korea, the Islamic Republic of Iran, or any other country as determined by the Secretary. (E) Any other matter the Secretary considers relevant. SEC. 1073. REPORT ON EFFECTIVENESS OF CURRENT USE OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. (a) IN GENERAL.—Not later than April 30, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the extent to which United States Naval Station, Guantanamo Bay, Cuba, is being used effectively to defend the national security interests of the United States. (b) ELEMENTS.—The report required by subsection (a) shall include each of the following: (1) An analysis of the intelligence collection, cyber, and information operation activities in Cuba of the militaries of foreign governments, including the Russian Federation and the People’s Republic of China, and an assessment of the effects of such activities. (2) An identification of the mitigation measures currently in place for addressing the activities referred to in paragraph (1) and a discussion of any measures that would be appropriate for further mitigation. (3) Such other matters as the Secretary determines appro- priate. (c) FORM OF REPORT.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 1074. HOLISTIC TRAINING RANGE ASSESSMENT. (a) ASSESSMENT REQUIRED.—The Secretary of Defense, after coordinating with the Secretaries of the military departments, shall carry out a comprehensive assessment of the capabilities, limita- tions, and anticipated future training constraints on the use of Analysis. Russia. China. Assessment. Time period. Summary. Foreign countries. Updates. Determinations. Guidance. Timeline. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00274 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 409 PUBLIC LAW 118–31—DEC. 22, 2023 military lands, marine areas, and airspace facilities that are avail- able in the United States and overseas, for training of the covered Armed Forces. (b) CONTENTS.—The assessment required by subsection (a) shall include each of the following: (1) An assessment of the range capability of each facility. (2) An assessment of current and future training require- ments, including any opportunities for regional interconnectivity of existing sites to increase capability. (3) An evaluation of the adequacy of current Department of Defense resources (including virtual and constructive training assets as well as military lands, marine areas, and airspace available in the United States and overseas) to meet current and future training range requirements— (A) identified under paragraph (2); (B) relating to testing and training of fifth generation weapons systems; and (C) relating to near-peer competition. (4) An evaluation of threats posed by adversarial intel- ligence collection at each facility. (5) An assessment of current capacity for testing and training of electromagnetic warfare operations, including— (A) electromagnetic spectrum operations; (B) operations in the information environment; (C) Joint All Domain Command and Control; and (D) information warfare. (6) An assessment of current capacity for training and testing and future potential for Joint All Domain operations, including— (A) an assessment of current shortfalls at domestic military installations; and (B) an analysis of ranges capable of hosting large- scale, operationally relevant, live-fire campaign-level Joint All Domain operations training exercises based on near- peer competition. (7) An assessment of the capacity of the covered Armed Forces to routinely train, test, evaluate, and qualify theater- level operations in support of operations versus a pacing threat, as defined by the most recent national defense strategy sub- mitted pursuant to section 113(g) of title 10, United States Code, for the purpose of increasing the capacity and rate of force readiness with respect to deterrence and defense at the- ater-level distances. Such assessment shall include— (A) an identification of areas in which multiple ranges can be used simultaneously to simulate Pacific Deterrence Initiative theater operation plans, including areas for over water and coastline training; (B) an analysis of the combined capability of the total test or training areas to simulate various public, private, and academic initiatives in support of the Pacific Deter- rence Initiative while advancing military readiness; and (C) a review of any test or training areas that may enhance efforts of the Department to train at scale and range when persistently networked into a live, virtual, and constructive Pacific environment. (8) Proposals to enhance training range capabilities and mitigate any shortfalls or encroachment, including Department Proposals. Timeline. Budget estimate. Review. Analysis. Analysis. Evaluation. Evaluation. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00275 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 410 PUBLIC LAW 118–31—DEC. 22, 2023 assets within the range footprint, in current Department of Defense resources identified pursuant to the assessment required under this section, including timeline and budget esti- mates for implementing any proposed mitigations. (9) Such other matters as the Secretary determines appro- priate. (c) INITIAL REPORT.—At the same time as the submission of the budget of the President to Congress pursuant to section 1105 of title 31, United States Code, for fiscal year 2026, the Secretary shall submit to the congressional defense committees an initial report on the assessment required by subsection (a). (d) SUBSEQUENT ANNUAL REPORTS.—At the same time as the submission of the President submits to Congress pursuant to such section for each of fiscal years 2027 through 2032, the Secretary shall submit to Congress a report describing the progress made in implementing the proposals referred to in subsection (b)(8) and any additional actions taken, or to be taken, to address training constraints caused by limitations on the use of military lands, marine areas, and airspace. (e) COVERED ARMED FORCE DEFINED.—In this section, the term ‘‘covered Armed Force’’ means the Army, Navy, Air Force, Marine Corps, and Space Force. SEC. 1075. SPECIAL OPERATIONS FORCE STRUCTURE. (a) REPORT.—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 a report containing an assess- ment of the optimal force structure for special operations forces. Such report shall include— (1) a description of the role of special operations forces in implementing the most recent national defense strategy under section 113(g) of title 10, United States Code; (2) a detailed accounting of the demand for special oper- ations forces by the geographic combatant commands; (3) an assessment of current and projected capabilities and capacities of the general purpose forces of the United States Armed Forces, including forces that enable special oper- ations, that could affect force structure capability and capacity requirements of special operations forces; (4) an assessment of the size, composition, and organiza- tional structure of the special operations command head- quarters of each of the Armed Forces and subordinate head- quarters elements; (5) an assessment of the adequacy of special operations force structure for meeting the goals of the National Military Strategy under section 153(b) of title 10, United States Code; (6) a description of the role of special operations forces in supporting the Joint Concept for Competing; and (7) any other matters the Secretary of Defense determines relevant. (b) NOTIFICATION REQUIRED.—Except as provided in subsection (d), not later than 15 days before making any reduction in the number of special operations forces by more than 1,000 personnel and prior to implementing or announcing such reduction, the Sec- retary of Defense shall submit to the congressional defense commit- tees written notification of the decision to make such reduction. Deadline. Assessments. 10 USC 993 note. Time period. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00276 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 411 PUBLIC LAW 118–31—DEC. 22, 2023 (c) CONTENTS OF NOTIFICATION.—A notification required under subsection (b) shall include— (1) details of the planned changes to force structure and personnel requirements and a justification for the planned changes, including— (A) which units or occupational skills are planned to be reduced or reallocated; and (B) to which units or capabilities the force structure is planned to be transferred or reallocated; (2) an accounting of the personnel planned to be transferred under the force structure change, including which units such personnel are planned to be transferred to and from; (3) an analysis of the expected implications of the planned change on the ability of the Department of Defense to carry out operational and campaign plans of combatant commanders, support the Joint Concept for Competing, and meet the goals of the most recent national defense strategy under section 113(g) of title 10, United States Code; and (4) any other matters the Secretary of Defense determines relevant. (d) EXCEPTION.—The notification requirement under subsection (b) shall not apply with respect to a reduction in the number of special operations forces if the Secretary of Defense submits to the congressional defense committees certification that such reduction needs to be implemented expeditiously for reasons of military urgency. (e) DEFINITIONS.—In this section: (1) The term ‘‘special operations forces’’ means the forces described in section 167(j) of title 10, United States Code. (2) The term ‘‘force structure’’, when used with respect to an organization, means— (A) the mission of the organization; (B) the personnel required to operate the organization; and (C) the equipment required to execute the mission of the organization. SEC. 1076. COMPREHENSIVE ASSESSMENT OF MARINE CORPS FORCE DESIGN 2030. (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center for the conduct of an independent review, assessment, and analysis of the modernization initiatives of the Marine Corps. The agreement shall provide that not later than one year after the date on which the Secretary and the center enter into the agreement, the center shall provide to the Secretary a report on the findings of the review, assessment, and analysis. Upon receipt of the report, the Secretary shall transmit the report to the congressional defense committees. (b) ELEMENTS.—The report required under subsection (a) shall include the following elements: (1) An assessment of changes in the National Defense Strategy, Defense Planning Guidance, the Joint Warfighting Concept, and other strategic documents and concepts that informed Force Design modernization requirements. Deadline. Contracts. Review. Analysis. Certification. Analysis. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00277 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 412 PUBLIC LAW 118–31—DEC. 22, 2023 (2) An assessment of how the Marine Corps, consistent with authorized end strength, can be structured, organized, trained, equipped, and postured to meet the challenges of future competition, crisis, and conflict to include discussion of multiple structural options as relevant and the tradeoffs between dif- ferent options. (3) An assessment of the ability of the defense innovation base and defense industrial base to develop and produce the technologies required to implement the Force Design mod- ernization plan published by the Marine Corps on a timeline and at production rates sufficient to sustain military operations. (4) An assessment of forward infrastructure and the extent to which installations are operationalized to deter, compete, and prevail during conflict in support of the Marine Corps modernization. (5) An assessment of whether the Marine Corps is in compliance with the statutory organization and functions pre- scribed in section 8063 of title 10, United States Code. (6) An assessment of the current retention and recruiting environment and the ability of the Marine Corps to sustain manpower requirements necessary for operational requirements levied by title 10, United States Code, in light of the published Force Design plan. (7) The extent to which the modernization initiatives within the Marine Corps are nested within applicable joint warfighting concepts. (8) An assessment of whether the modernization of the Marine Corps is consistent with the strategy of integrated deterrence. (9) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force, based on current and planned end strength and structure. (10) The extent to which the plan for modernized capabili- ties published by the Marine Corps can be integrated across the Joint Force, including warfighting concepts at the combat- ant command level. (11) The extent to which the modernization efforts of the Marine Corps currently meet the requirements of the current plans of the combatant commanders and global force manage- ment operations, including a description of any mechanisms that exist to ensure geographic combatant requirements inform Marine Corps modernization efforts. (12) The extent to which modeling and simulation, experimentation, wargaming, and other analytic methods sup- port the changes incorporated into the modernization initiatives of the Marine Corps, including the underlying assumptions and outcomes of such analyses. (13) An inventory of extant or planned investments as part of the modernization efforts of the Marine Corps, disaggregated by the following capability areas and including actual or projected dates of Initial Operational Capability and Full Operational Capability: (A) Command and Control. (B) Information. (C) Intelligence. (D) Fires. Inventory. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00278 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 413 PUBLIC LAW 118–31—DEC. 22, 2023 (E) Movement and Maneuver. (F) Protection. (G) Sustainment. (14) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— (A) a timeline of the progress of each divestment; (B) the type of force structure or equipment divested or reduced; (C) the percentage of force structure of equipment divested or reduced, including any equipment entered into inventory management or other form of storage; (D) the rationale and context behind such divestment; and (E) an identification of whether such divestment affects the ability of the Marine Corps to meet the requirements of Global Force Management process and the operational plans. (15) An assessment of how observations regarding the inva- sion and defense of Ukraine affect the feasibility, advisability, and suitability of the modernization plans published by the Marine Corps. (c) CLASSIFICATION OF REPORT.—The report required under sub- section (a) shall be submitted in unclassified form, but may include a classified appendix to the extent required to ensure that the report is accurate and complete. SEC. 1077. ASSESSMENT AND RECOMMENDATIONS RELATING TO INFRASTRUCTURE, CAPACITY, RESOURCES, AND PER- SONNEL ON GUAM. (a) ASSESSMENT.—The Secretary of Defense, in coordination with the Commander of United States Indo-Pacific Command, shall assess the infrastructure, capacity, resource, and personnel require- ments for Guam during fiscal years 2024 through 2029 to meet United States strategic objectives. (b) ELEMENTS.—The assessment under subsection (a) shall include the following elements: (1) An appraisal of the potential role Guam could play as a key logistics and operational hub for the United States military in the Indo-Pacific region. (2) An assessment of whether current Department of Defense infrastructure, capacity, resources, and personnel in Guam are sufficient to meet the expected demands during relevant operations and contingency scenarios. (3) An assessment of the adequacy of civilian infrastructure in Guam for supporting the requirements of United States Indo-Pacific Command, including— (A) the resilience of such infrastructure in the event of a natural disaster; and (B) the vulnerability of such infrastructure to cyber threats. (4) A plan, including timelines and associated estimated costs, to improve Department of Defense infrastructure, capacity, resources, and personnel in Guam during fiscal years 2024 through 2029 to meet United States Indo-Pacific Com- mand strategic objectives, including the need for Department of Defense civilian recruiting and retention programs, such Plan. Timeline. Appraisal. Time period. Time periods. Timeline. Inventory. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00279 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 414 PUBLIC LAW 118–31—DEC. 22, 2023 as cost-of-living adjustments, initiatives for dealing with any shortages of civilian employees, and programs to improve quality-of-life for personnel assigned to Guam. (5) An assessment of the implementation of Joint Task Force Micronesia. (6) Any other matters determined relevant by the Sec- retary. (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 a report including the results of the assessment required under subsection (a). SEC. 1078. FEASIBILITY STUDY ON CONVERSION OF JOINT TASK FORCE NORTH INTO JOINT INTERAGENCY TASK FORCE NORTH. (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the head of any relevant Federal department or agency and acting through the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a feasibility study on converting the Joint Task Force North of the United States Northern Command into a joint interagency task force to be known as the ‘‘Joint Interagency Task Force North’’. (b) ELEMENTS.—The study under (a) shall include the following elements: (1) A description of the mission of a Joint Interagency Task Force North. (2) A detailed description of the resources of the Depart- ment of Defense, including personnel, facilities, and operating costs, necessary to convert Joint Task Force North into a joint interagency task force. (3) An identification of— (A) each relevant department and agency of the United States Government the participation in a Joint Interagency Task Force North of which is necessary in order to enable a Joint Interagency Task Force North to effectively carry out its mission; and (B) the interagency arrangements necessary to ensure effective participation by each such department and agency. (4) An identification of each international liaison necessary for a Joint Interagency Task Force North to effectively carry out its mission. (5) A description of the bilateral and multilateral agree- ments with foreign partners and regional and international organizations that would support the implementation of the mission of the Joint Interagency Task Force North. (6) A description of the relationship between a Joint Inter- agency Task Force North and Joint Interagency Task Force South of the United States Southern Command. (7) A description of the likely relationship between a Joint Interagency Task Force North and the relevant security forces of the Government of Mexico and the Government of the Bahamas. (8) A recommendation on whether a Joint Interagency Task Force North should be an enduring entity and a discussion of the circumstances under which the mission of a Joint Inter- agency Task Force North would transition to one or more Recommenda- tions. Deadline. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00280 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 415 PUBLIC LAW 118–31—DEC. 22, 2023 entities within the United States Government other than the United States Northern Command. (9) Any recommendations for additional legal authority needed for the Joint Interagency Task Force North to effectively carry out its mission. (10) Any other matters the Secretary of Defense considers relevant. (c) FORM.—The study required by subsection (a) shall be sub- mitted in unclassified form but may include a classified annex. Subtitle G—Other Matters SEC. 1080. MODIFICATION OF DEFINITION OF DOMESTIC SOURCE FOR TITLE III OF THE DEFENSE PRODUCTION ACT OF 1950. (a) IN GENERAL.—Section 702(7) of the Defense Production Act of 1950 (50 U.S.C. 4552(7)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; (2) by striking ‘‘The term’’ and inserting the following: ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term’’; (3) in clause (ii), as redesignated by paragraph (1), by striking ‘‘subparagraph (A)’’ and inserting ‘‘clause (i)’’; and (4) by adding at the end the following new subparagraph (B): ‘‘(B) DOMESTIC SOURCE FOR TITLE III.— ‘‘(i) IN GENERAL.—For purposes of title III, the term ‘domestic source’ means a business concern that— ‘‘(I) performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business con- cern under a contract with the United States relating to a critical component or a critical tech- nology item in— ‘‘(aa) the United States or Canada; or ‘‘(bb) subject to clause (ii), Australia or the United Kingdom; and ‘‘(II) procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item. ‘‘(ii) LIMITATIONS ON USE OF BUSINESS CONCERNS IN AUSTRALIA AND UNITED KINGDOM.— ‘‘(I) IN GENERAL.—A business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under title III relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa). ‘‘(II) NATIONAL DEFENSE MATTER DEFINED.— For purposes of subclause (I), the term ‘national defense matter’ is a matter relating to the develop- ment or production of— Definition. Recommenda- tions. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00281 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 416 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(aa) a defense article, as defined in sec- tion 301 of title 10, United States Code; or ‘‘(bb) materials critical to national secu- rity, as defined in section 10(f) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1(f)).’’. (b) REPORTS ON EXERCISE OF TITLE III AUTHORITIES.—Title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) is amended by adding at the end the following new section: ‘‘SEC. 305. REPORTS ON EXERCISE OF AUTHORITIES. ‘‘(a) IN GENERAL.—The President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— ‘‘(1) except as provided by paragraph (2), not later than 30 days after taking the action; and ‘‘(2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action. ‘‘(b) ELEMENTS.— ‘‘(1) IN GENERAL.—Each report and briefing required by subsection (a) with respect to an action described in that sub- section shall include— ‘‘(A) a justification of the necessity of the use of authori- ties under this title; and ‘‘(B) a description of the financial terms of any related financial transaction. ‘‘(2) ADDITIONAL ELEMENTS RELATING TO BUSINESS CON- CERNS IN THE UNITED KINGDOM OR AUSTRALIA.—Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— ‘‘(A) a certification that business concerns in the United States or Canada were not available with respect to the action; and ‘‘(B) an analysis of why such business concerns were not available. ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘appropriate congressional committees’ means— ‘‘(1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and ‘‘(2) in the case of an action described in subsection (a) involving materials critical to national security (as defined in section 702(7)(B)(ii)(II)(bb)), the Committee on Energy and Nat- ural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.’’. SEC. 1081. INTEGRATED AND AUTHENTICATED ACCESS TO DEPART- MENT OF DEFENSE SYSTEMS FOR CERTAIN CONGRES- SIONAL STAFF FOR OVERSIGHT PURPOSES. Section 1046(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 111 note) is amended— Analysis. Certification. President. Briefing. 50 USC 4535. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00282 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 417 PUBLIC LAW 118–31—DEC. 22, 2023 (1) in paragraph (1)(B), by striking ‘‘; and’’ and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following new paragraph: ‘‘(3) to the extent feasible, be integrated with software used by the Department of Defense Parking Management Office to validate parking requests.’’. SEC. 1082. MODIFICATION OF COMPENSATION FOR MEMBERS OF THE AFGHANISTAN WAR COMMISSION. (a) COMPENSATION.—Section 1094(g)(1) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1942) is amended to read as follows: ‘‘(1) COMPENSATION OF MEMBERS.— ‘‘(A) NON-FEDERAL EMPLOYEES.—A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. ‘‘(B) FEDERAL EMPLOYEES.— ‘‘(i) IN GENERAL.—A member of the Commission who is an employee of the Federal Government may be compensated as provided for under subparagraph (a) for periods of time during which the member is engaged in the performance of the duties of the Commission that fall outside of ordinary agency working hours, as determined by the employing agency of such member. ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to authorize dual pay for work performed on behalf of the Commission and for a Federal agency during the same hours of the same day.’’. (b) TRAVEL SUPPORT.—Section 1050 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2775) is amended— (1) in the section heading, by striking ‘‘ DEPARTMENT OF DEFENSE SUPPORT ’’ and inserting ‘‘ EXECUTIVE BRANCH SUP- PORT ’’; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following new sub- section: ‘‘(b) PROVISION OF TRAVEL SUPPORT TO CERTAIN COMMIS- SIONS.—For the purpose of providing support to facilitate overseas travel requests from a legislative branch commission, or any commission so designated for support under this subsection jointly by the Majority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives, the Secretary of Defense and the Secretary of State shall consider such requests as equivalent to a request from Congress, and apply the same standards in determining the extent to which such support may be provided under law and regulation. Any support so provided 10 USC 2642 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00283 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 418 PUBLIC LAW 118–31—DEC. 22, 2023 shall be funded out of amounts appropriated for the operation of such commission.’’. SEC. 1083. SENATE NATIONAL SECURITY WORKING GROUP. (a) IN GENERAL.—Section 21 of Senate Resolution 64 (113th Congress), agreed to March 5, 2013, is amended by striking sub- section (d). (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect as though enacted on December 31, 2022. SEC. 1084. TRIBAL LIAISONS AT MILITARY INSTALLATIONS. (a) TRIBAL LIAISONS AT MILITARY INSTALLATIONS.—The Sec- retary of Defense shall ensure that each military installation under the jurisdiction of a military department that has an Indian Tribe, Native Hawaiian organization, or Tribal interest in the area sur- rounding the installation has a Tribal liaison located at the installa- tion. (b) TRIBAL INTEREST.—For purposes of subsection (a), an area surrounding a military installation shall be considered to be an area in which there is a Tribal interest if an Indian Tribe or Native Hawaiian organization is historically or culturally affiliated with the land or water managed or directly affected by the military installation. (c) DEFINITIONS.—In this section: (1) The term ‘‘Indian Tribe’’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 5304(e)). (2) The term ‘‘Native Hawaiian organization’’ has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517). SEC. 1085. COMMERCIAL INTEGRATION CELL PLAN WITHIN CERTAIN COMBATANT COMMANDS. (a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Com- mand, the Commander of the United States Northern Command, and the Commander of the United States Southern Command shall each develop a plan that includes— (1) the potential establishment of a commercial integration cell within the respective combatant command of each com- mander for the purpose of closely integrating public and private entities with capabilities relevant to the area of operation of such combatant command; and (2) the potential establishment of a chief technology officer position within the respective combatant command of each com- mander, the duties of which would include— (A) overseeing such commercial integration cell; and (B) reporting directly to the commander of the applicable combatant command on the activities of the relevant commercial integration cell. (b) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, each commander of a combatant command referred to in subsection (a) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the feasibility, costs, and benefits of establishing a commercial integration cell. Deadlines. 10 USC 2661 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00284 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 419 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 1086. GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY NATIONAL GUARD. (a) UPDATED GUIDANCE REQUIRED.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue updated guidance on the use of unmanned aircraft systems by the National Guard for covered activities. (b) BRIEFING.—Not later than 60 days after the date on which the Secretary issues the updated guidance under subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives. Such briefing shall include— (1) an explanation of whether the updated guidance is more restrictive than guidance on the use of other types of aircraft for covered activities; and (2) if the updated guidance is more restrictive, an expla- nation for the reasons why such guidance is more restrictive. (c) COVERED ACTIVITIES DEFINED.—In this section, the term ‘‘covered activities’’ means any of the following: (1) Emergency operations. (2) Search and rescue operations. (3) Defense support to civil authorities. (4) Support provided under section 502(f) of title 32, United States Code. SEC. 1087. PUBLIC DISCLOSURE OF AFGHANISTAN WAR RECORDS. The Secretary of Defense, in a manner consistent with the protection of intelligence sources and methods, shall expeditiously disclose to the public all relevant unclassified records of the Depart- ment of Defense relating to the war in Afghanistan. SEC. 1088. IMPLEMENTATION PLAN FOR JOINT CONCEPT FOR COM- PETING. (a) IMPLEMENTATION PLAN REQUIRED.—Not later than March 1, 2024, the Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees an implementation plan for of the Joint Concept for Competing, released on February 10, 2023. (b) ELEMENTS.—The implementation plan required by sub- section (a) shall include— (1) timelines for the development of integrated competitive strategies for engaging in strategic competition, as described in the Joint Concept for Competing, to address the challenges posed by specific competitors, including such strategies designed to— (A) deter adversarial military action; (B) counter the efforts of specific competitors, as nec- essary; and (C) support the efforts of the United States interagency and foreign allies, partners, and multilateral organizations; (2) an identification of any relevant updates to joint doc- trine or professional military education; (3) a description of the integration of the Joint Concept for Competing with other joint force development and design efforts; (4) a description of concept-required capabilities that are necessary for joint force development and design in support of the Joint Concept for Competing, including the assignment Timelines. Deadlines. 10 USC 113 note. 10 USC 113 note. Deadlines. 32 USC 901 note. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00285 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 420 PUBLIC LAW 118–31—DEC. 22, 2023 of roles and responsibilities and the timelines for attaining such capabilities; (5) a description of efforts to coordinate and synchronize Department of Defense activities with the activities of inter- agency and foreign partners for the purpose of integrated cam- paigning; (6) an identification of any recommendations to better integrate the role of the Joint Force, as identified by the Joint Concept for Competing, with national security efforts of inter- agency and foreign partners; (7) an identification of any changes to authorities or resources necessary to implement the Joint Concept for Com- peting; and (8) a description of any other matters the Chairman deter- mines appropriate. (c) BRIEFING.—Not later than 180 days after the delivery of the implementation plan required under subsection (a), and every 180 days thereafter through March 1, 2026, the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a briefing that includes an update on the status of the implementation plan required under subsection (a). SEC. 1089. NOTIFICATION OF SAFETY AND SECURITY CONCERNS AT CERTAIN DEPARTMENT OF DEFENSE LABORATORIES. (a) IN GENERAL.—The Secretary of Defense shall notify the congressional defense committees within 7 days after ceasing oper- ations at any Department of Defense laboratory or facility rated at biosafety level–3 or higher for safety or security reasons. (b) CONTENT.—The notification required under subsection (a) shall include— (1) the reason why operations have ceased at the laboratory or facility; (2) whether appropriate notification to other Federal agen- cies has occurred; (3) a description of the actions taken to determine the root cause of the cessation; and (4) a description of the actions taken to restore operations at the laboratory or facility. SEC. 1090. CONDUCT OF WEATHER RECONNAISSANCE IN THE UNITED STATES. (a) CONDUCT OF RECONNAISSANCE.— (1) IN GENERAL.—Subject to the availability of appropria- tions, the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the Administrator of the National Oceanic and Atmospheric Administration may use aircraft, per- sonnel, and equipment necessary to meet the mission require- ments of— (A) the National Hurricane Operations Plan; and (B) the National Winter Seasons Operation plan, as long as aircraft are able to fully meet needs for hurricane monitoring response. (2) ACTIVITIES.—If the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command exercises the authority under paragraph (1), such Squadron, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and appropriate line offices of the 15 USC 313 note. Deadline. 50 USC 1527 note. Time period. Update. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00286 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 421 PUBLIC LAW 118–31—DEC. 22, 2023 National Oceanic and Atmospheric Administration, shall use such authority to— (A) improve the accuracy and timeliness of observations of storms that result in large amounts of precipitation, such as tropical cyclones and atmospheric rivers, to support the forecast and warning services of the National Weather Service of the United States; (B) collect data in data-sparse regions where conven- tional observations are lacking; (C) support water management decision-making and flood forecasting through the execution of targeted in-situ measurements, airborne dropsondes, buoys, autonomous platform observations, satellite observations, remote sensing observations, and other observation platforms as appropriate, including enhanced assimilation of the data from those observations over the eastern, central, and western north Pacific Ocean, the Gulf of Mexico, and the western Atlantic Ocean to improve forecasts of large storms for civil authorities and military decision makers; (D) participate in the research and operations partner- ship that guides flight planning and uses research methods to improve and expand the capabilities and effectiveness of weather reconnaissance over time; and (E) undertake such other additional activities as the Administrator of the National Oceanic and Atmospheric Administration, in collaboration with the 53rd Weather Reconnaissance Squadron, considers appropriate to further prediction of dangerous weather events. (b) REPORTS.— (1) AIR FORCE.— (A) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall perform a resources review of mission capabilities needed for observation to carry out the activities described in sub- section (a)(2) and submit to the appropriate committees of Congress a comprehensive report, for the period begin- ning on the date of the enactment of this Act and ending on December 31, 2035, on— (i) the resources necessary for the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to continue to support— (I) the National Hurricane Operations Plan; (II) the National Winter Season Operations Plan; (III) emerging technologies that offer new, improved, or innovative ways to collect data for improved forecasts of strength and landfall for hurricanes, atmospheric rivers, and winter storms; and (IV) any other operational requirements relating to weather reconnaissance; (ii) the resources expended by the National Oceanic and Atmospheric Administration to cover taskings that the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command is unable to accomplish; and Reviews. Time period. Data. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00287 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 422 PUBLIC LAW 118–31—DEC. 22, 2023 (iii) the resources expended by the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to cover taskings that the National Oceanic and Atmospheric Administration is unable to accom- plish. (B) APPROPRIATE COMMITTEES OF CONGRESS.—In this paragraph, the term ‘‘appropriate committees of Congress’’ means— (i) the Committee on Armed Services of the Senate; (ii) the Subcommittee on Defense of the Committee on Appropriations of the Senate; (iii) the Committee on Commerce, Science, and Transportation of the Senate; (iv) the Committee on Science, Space, and Tech- nology of the House of Representatives; (v) the Committee on Armed Services of the House of Representatives; and (vi) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) COMMERCE.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a comprehen- sive report, for the period beginning on the date of the enact- ment of this Act and ending on December 31, 2035, on— (A) the resources necessary for the National Oceanic and Atmospheric Administration to continue to support— (i) the National Hurricane Operations Plan; (ii) the National Winter Season Operations Plan; (iii) emerging technologies that offer new, improved, and innovative ways to collect data for improved forecasts of strength and landfall for hurri- canes, atmospheric rivers, and winter storms; and (iv) any other operational requirements relating to weather reconnaissance; (B) how taskings that the 53rd Weather Reconnais- sance Squadron of the Air Force Reserve Command is unable to accomplish could affect the ability of the National Oceanic and Atmospheric Administration to fulfill its mis- sion; and (C) how taskings that the National Oceanic and Atmospheric Administration is unable to accomplish could affect the ability of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to fulfill its mission. (c) TRANSFER OF FUNDS.—The Secretary of the Air Force may transfer funds to the National Oceanic and Atmospheric Adminis- tration for additional hurricane monitoring and response activities that fulfill the mission of the Air Force, including transfers of funds for the compensation of personnel and for the provision of other such services, funds, facilities, and other support services as necessary. Definition. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00288 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 423 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 1091. SENSE OF CONGRESS REGARDING AUTHORITY OF SEC- RETARY OF DEFENSE WITH RESPECT TO IRREGULAR WARFARE. (a) IN GENERAL.—It is the sense of Congress that the Secretary of Defense has the authority to conduct irregular warfare oper- ations, including clandestine irregular warfare operations, to defend the United States, allies of the United States, and interests of the United States, when such operations have been appropriately authorized. (b) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following: (1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)). (2) The introduction of United States Armed Forces, within the meaning of the War Powers Resolution (Public Law 93– 148; 50 U.S.C. 1541 et seq.), into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. SEC. 1092. RED HILL HEALTH IMPACTS. (a) IN GENERAL.— (1) REVIEW.—The Secretary of Defense (referred to in this section as the ‘‘Secretary’’), in coordination with the Director of the Centers for Disease Control and Prevention, the Secretary of Veterans Affairs, and such State and local authorities or other partners as the Secretary considers appropriate, shall— (A) review the Federal programs and services available to individuals exposed to petroleum; (B) review current research on petroleum exposure in order to identify additional research needs; and (C) undertake any other review or activities that the Secretary determines to be appropriate. (2) REPORT.—Not later than one year after the date of enactment of this Act, and annually thereafter for six subse- quent years, the Secretary shall submit to the appropriate congressional committees a report on the review and activities undertaken under paragraph (1) that includes— (A) strategies for communicating and engaging with stakeholders on the Red Hill Incident; (B) the number of impacted and potentially impacted individuals; (C) measures and frequency of follow-up to collect data and specimens related to exposure, health, and develop- mental milestones as appropriate; and (D) a summary of data and analyses on exposure, health, and developmental milestones for impacted individ- uals. (3) CONSULTATION.—In carrying out paragraphs (1) and (2), the Secretary shall consult with non-Federal experts, including individuals with certification in epidemiology, toxi- cology, mental health, pediatrics, and environmental health, and members of the impacted community. (b) RED HILL EPIDEMIOLOGICAL HEALTH OUTCOMES STUDY.— (1) CONTRACTS.—The Secretary may contract with inde- pendent research institutes or consultants, nonprofit or public Deadlines. Summary. Analyses. Data. Strategies. Time period. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00289 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 424 PUBLIC LAW 118–31—DEC. 22, 2023 entities, laboratories, or medical schools, as the Secretary con- siders appropriate, that are not part of the Federal Government to assist with the feasibility assessment required by paragraph (2). (2) FEASIBILITY ASSESSMENT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the results of a feasibility assessment to determine the necessity of an epidemiological health outcomes study and to inform the design of the potential epidemiological study or studies to assess health outcomes for impacted individuals, which may include— (A) a strategy to recruit impacted individuals to partici- pate in the study or studies, including incentives for partici- pation; (B) a description of protocols and methodologies to assess health outcomes from the Red Hill Incident, including data management protocols to secure the privacy and security of the personal information of impacted individuals; (C) the periodicity for data collection that takes into account the differences between health care practices among impacted individuals who are— (i) members of the Armed Forces on active duty or spouses or dependents of such members; (ii) members of the Armed Forces separating from active duty or spouses or dependents of such members; (iii) veterans and other individuals with access to health care from the Department of Veterans Affairs; and (iv) individuals without access to health care from the Department of Defense or the Department of Vet- erans Affairs; (D) a description of methodologies to analyze data received from the study or studies to determine possible connections between exposure to water contaminated during the Red Hill Incident and adverse impacts to the health of impacted individuals; (E) an identification of exposures resulting from the Red Hill Incident that may qualify individuals to be eligible for participation in the study or studies as a result of those exposures; (F) steps that will be taken to provide individuals impacted by the Red Hill Incident with information on available resources and services; and (G) a final determination on whether it is feasible to conduct an epidemiological health outcomes study. (3) NOTIFICATIONS; BRIEFINGS.—If the Secretary deter- mines, upon completion of the feasibility assessment under paragraph (2), that an epidemiological health outcomes study is feasible and necessary, not later than one year after the completion of the feasibility assessment under paragraph (2), the Secretary shall— (A) notify impacted individuals on the interim findings of the study or studies; and (B) brief the appropriate congressional committees on the interim findings of the study or studies. (c) DEFINITIONS.—In this section: Determination. Data. Strategy. Determination. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00290 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 425 PUBLIC LAW 118–31—DEC. 22, 2023 (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— (A) the Committee on Armed Services and the Sub- committee on Defense of the Committee on Appropriations of the Senate; (B) the Committee on Veterans’ Affairs of the Senate; (C) the Committee on Health, Education, Labor, and Pensions of the Senate; (D) the Committee on Armed Services and the Sub- committee on Defense of the Committee on Appropriations of the House of Representatives; (E) the Committee on Veterans’ Affairs of the House of Representatives; and (F) the Committee on Energy and Commerce of the House of Representatives. (2) IMPACTED INDIVIDUAL.—The term ‘‘impacted individual’’ means an individual who, at the time of the Red Hill Incident, lived or worked in a building or residence served by the commu- nity water system at Joint Base Pearl Harbor-Hickam, Oahu, Hawaii. (3) RED HILL INCIDENT.—The term ‘‘Red Hill Incident’’ means the release of fuel from the Red Hill Bulk Fuel Storage Facility, Oahu, Hawaii, into the sole-source basal aquifer located 100 feet below the facility, contaminating the commu- nity water system at Joint Base Pearl Harbor-Hickam on November 20, 2021. TITLE XI—CIVILIAN PERSONNEL Sec. 1101. Diversity, equity, and inclusion personnel grade cap. Sec. 1102. Authorization to pay a living quarters allowance for Department of the Navy civilian employees assigned to permanent duty in Guam for per- forming work, or supporting work being performed, aboard or dockside, of U.S. naval vessels. Sec. 1103. Consolidation of direct hire authorities for candidates with specified de- grees at science and technology reinvention laboratories. Sec. 1104. Direct hire authority for certain personnel of the Department of Defense. 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. Extension of authority to grant competitive status to employees of in- spectors general for overseas contingency operations. Sec. 1107. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base. Sec. 1108. Exclusion of nonappropriated fund employees from limitations on dual pay. Sec. 1109. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1110. Modification to shore leave accrual for crews of vessels to support crew rotations and improve retention of civilian mariners. Sec. 1111. Assessments of staffing in Office of the Under Secretary of Defense for Personnel and Readiness. Sec. 1112. Military Spouse Employment Act. Sec. 1113. Amendments to the John S. McCain Strategic Defense Fellows Program. Sec. 1114. Including military service in determining family and medical leave eligi- bility for Federal employees. Sec. 1115. Exception to limitation on number of Senior Executive Service positions for the Department of Defense. Sec. 1116. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates. Sec. 1117. Authority to employ civilian faculty members at Space Force schools. Sec. 1118. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Man- agement. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00291 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 426 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1119. Expansion of noncompetitive appointment eligibility to spouses of De- partment of Defense civilians. Sec. 1120. Elimination of Government Accountability Office review requirement re- lating to Department of Defense personnel authorities. SEC. 1101. DIVERSITY, EQUITY, AND INCLUSION PERSONNEL GRADE CAP. (a) IN GENERAL.—The Secretary concerned may not appoint to, or otherwise employ in, any position with primary duties as described in subsection (b) a civilian employee paid annual pay at a rate that exceeds the equivalent of the rate payable for GS– 10, not adjusted for locality. (b) COVERED DUTIES.—The duties referred to in subsection (a) are as follows: (1) Developing, refining, and implementing diversity, equity, and inclusion policy. (2) Leading working groups and councils to developing diversity, equity, and inclusion goals and objectives to measure performance and outcomes. (3) Creating and implementing diversity, equity, and inclu- sion education, training courses, and workshops for military and civilian personnel. (c) APPLICABILITY TO CURRENT EMPLOYEES.—Any civilian employee appointed to a position with duties described in subsection (b) who is paid annual pay at a rate that exceeds the amount allowed under subsection (a) shall be reassigned to another position not later than 180 days after the date of the enactment of this Act. SEC. 1102. AUTHORIZATION TO PAY A LIVING QUARTERS ALLOWANCE FOR DEPARTMENT OF THE NAVY CIVILIAN EMPLOYEES ASSIGNED TO PERMANENT DUTY IN GUAM FOR PER- FORMING WORK, OR SUPPORTING WORK BEING PER- FORMED, ABOARD OR DOCKSIDE, OF U.S. NAVAL VESSELS. (a) ALLOWANCE.—When Government owned or rented quarters are not otherwise provided without charge to a covered employee, the Secretary of the Navy may grant to a covered employee one or more of the following allowances: (1) A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water. The Secretary is authorized to pay such allowance by reimbursement or by advance payments. (2) Under unusual circumstances, as determined by the Secretary, payment or reimbursement for extraordinary, nec- essary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence in Guam of a covered employee— (A) the expenses are administratively approved in advance; and (B) the duration and terms of the lease justify payment of the expenses by the Government. (b) COVERED EMPLOYEE DEFINED.—In this section, the term ‘‘covered employee’’ means any civilian employee of the Department of the Navy who is assigned to permanent duty in Guam for performing work or supporting work being performed, aboard or dockside, of U.S. naval vessels. 10 USC note prec. 8101. Deadline. 10 USC note prec. 1580. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00292 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 427 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 1103. CONSOLIDATION OF DIRECT HIRE AUTHORITIES FOR CAN- DIDATES WITH SPECIFIED DEGREES AT SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES. Section 4091 of title 10, United States Code, is amended— (1) in subsection (a)(1), by striking ‘‘bachelor’s degree’’ and inserting ‘‘bachelor’s or advanced degree’’; (2) in subsection (c)— (A) in the subsection heading, by striking ‘‘CALENDAR YEAR’’ and inserting ‘‘FISCAL YEAR’’; (B) in the matter preceding paragraph (1), by striking ‘‘calendar year’’ and inserting ‘‘fiscal year’’; (C) in paragraph (1), by striking ‘‘6 percent’’ and inserting ‘‘11 percent’’; and (D) in paragraphs (1), (2), and (3), by striking ‘‘the fiscal year last ending before the start of such calendar year’’ and inserting ‘‘the preceding fiscal year’’; (3) by striking subsection (f); and (4) by redesignating subsection (g) as subsection (f). SEC. 1104. DIRECT HIRE AUTHORITY FOR CERTAIN PERSONNEL OF THE DEPARTMENT OF DEFENSE. Section 9905(a) of title 5, United States Code, is amended— (1) in the matter preceding paragraph (1), by inserting ‘‘, 3307,’’ after ‘‘3303’’; and (2) by adding at the end the following new paragraphs: ‘‘(12) Any position in support of aircraft operations for which the Secretary determines there is a critical hiring need or shortage of candidates. ‘‘(13) Any position in support of the safety of the public, law enforcement, or first response for which the Secretary determines there is a critical hiring need or shortage of can- didates.’’. SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITA- TION 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 (Public Law 110– 417; 122 Stat. 4615), as most recently amended by section 1102 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking ‘‘through 2023’’ and inserting ‘‘through 2024’’. SEC. 1106. EXTENSION OF AUTHORITY TO GRANT COMPETITIVE STATUS TO EMPLOYEES OF INSPECTORS GENERAL FOR OVERSEAS CONTINGENCY OPERATIONS. Section 419(d)(5)(B) of title 5, United States Code, is amended by striking ‘‘2 years’’ and inserting ‘‘5 years’’. SEC. 1107. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE. Section 1125(a) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114– 328) is amended by striking ‘‘through 2025,’’ and inserting ‘‘through 2028,’’. 136 Stat. 2816. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00293 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 428 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 1108. EXCLUSION OF NONAPPROPRIATED FUND EMPLOYEES FROM LIMITATIONS ON DUAL PAY. Section 5531(2) of title 5, United States Code, is amended by striking ‘‘Government corporation and’’ and inserting ‘‘Govern- ment corporation, but excluding’’. SEC. 1109. 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 Supple- mental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1103 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking ‘‘2024’’ and inserting ‘‘2025’’. SEC. 1110. MODIFICATION TO SHORE LEAVE ACCRUAL FOR CREWS OF VESSELS TO SUPPORT CREW ROTATIONS AND IMPROVE RETENTION OF CIVILIAN MARINERS. Section 6305 of title 5, United States Code, is amended by adding at the end the following: ‘‘(d) With respect to an officer, crewmember, or other employee of the Department of Defense serving aboard an oceangoing vessel on an extended voyage, the first sentence in the matter preceding paragraph (1) of subsection (c) of this section shall be applied by substituting ‘7 calendar days’ for ‘30 calendar days’.’’. SEC. 1111. ASSESSMENTS OF STAFFING IN OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READI- NESS. (a) IN GENERAL.— (1) DOD ASSESSMENT.—The Secretary of Defense shall con- duct an assessment of personnel requirements in the Office of the Under Secretary of Defense for Personnel and Readiness against existing personnel of the Office. The assessment should include military, civilian, and contractor personnel. For pur- poses of carrying out such assessment, the head of the Office shall submit to the Secretary the alignment of total force man- power resources of the Office against core missions, tasks, and functions, including a mapping of missions to the origi- nating statute or Department policy. (2) OFFICE ASSESSMENT.—The head of the Office shall con- duct an assessment on the tasks, functions, and associated civilian personnel the Office believes are necessary to perform the duties of the Office. (3) DOD ANALYSIS.—The Secretary shall determine whether there is any conflict between the assessment conducted under paragraph (1) and the assessment under paragraph (2), and what personnel actions (if any) the Secretary will take to elimi- nate such conflict. (b) INTERIM BRIEFING AND REPORT.— (1) INTERIM BRIEFING.—Not later than April 1, 2024, the Secretary of Defense shall provide to the congressional defense Determination. Applicability. Time period. 136 Stat. 2816. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00294 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 429 PUBLIC LAW 118–31—DEC. 22, 2023 committees an interim briefing on the assessments under sub- section (a). (2) FINAL REPORT.—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 assess- ments under subsection (a). Such report shall include the fol- lowing: (A) An assessment of every military, civilian, and con- tractor personnel position and billet (funded and unfunded, filled and unfilled) in the Office against existing personnel requirements. (B) The methodology and process through which such assessment was performed. (C) Relevant statistical analysis on personnel position fill rates against validated requirements. (D) Analysis of each position, grade, and rank, and whether the position description, grade, and rank match the function and task requirements of the position. (E) Plan to update rank, grades, and position descrip- tions to meet current and future requirements, tasks, and functions. (F) Any legislative, policy or budgetary recommenda- tions of the Secretary related to the subject matter of the report. (d) DEFINITIONS.—In this section— (1) the term ‘‘civil service’’ has the meaning given that term in section 2101 of title 5, United States Code; and (2) the term ‘‘Office’’ means the Office of the Under Sec- retary of Defense for Personnel and Readiness. SEC. 1112. MILITARY SPOUSE EMPLOYMENT ACT. (a) APPOINTMENT OF MILITARY SPOUSES.—Section 3330d of title 5, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraph (3) as paragraph (4); (B) by inserting after paragraph (2) the following: ‘‘(3) The term ‘remote work’ refers to a particular type of telework under which an employee is not expected to report to an officially established agency location on a regular and recurring basis.’’; and (C) by adding at the end the following: ‘‘(5) The term ‘telework’ has the meaning given the term in section 6501.’’; (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘or’’ at the end; (B) in paragraph (2), by striking the period at the end and inserting ‘‘; or’’; and (C) by adding at the end the following: ‘‘(3) a spouse of a member of the Armed Forces on active duty, or a spouse of a disabled or deceased member of the Armed Forces, to a position in which the spouse will engage in remote work.’’; and (3) in subsection (c)(1), by striking ‘‘subsection (a)(3)’’ and inserting ‘‘subsection (a)(4)’’. (b) GAO STUDY AND REPORT.— (1) DEFINITIONS.—In this subsection— Recommenda- tions. Plan. Analysis. Analysis. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00295 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 430 PUBLIC LAW 118–31—DEC. 22, 2023 (A) the terms ‘‘agency’’ means an agency described in paragraph (1) or (2) of section 901(b) of title 31, United States Code; (B) the term ‘‘employee’’ means an employee of an agency; (C) the term ‘‘remote work’’ means a particular type of telework under which an employee is not expected to report to an officially established agency location on a regular and recurring basis; and (D) the term ‘‘telework’’ means a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work. (2) REQUIREMENT.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and publish a report regarding the use of remote work by agencies, which shall include a discussion of what is known regarding— (A) the number of employees who are engaging in remote work; (B) the role of remote work in agency recruitment and retention efforts; (C) the geographic location of employees who engage in remote work; (D) the effect that remote work has had on how often employees are reporting to officially established agency locations to perform the duties and responsibilities of the positions of those employees and other authorized activities; and (E) how the use of remote work has affected Federal office space utilization and spending. SEC. 1113. AMENDMENTS TO THE JOHN S. MCCAIN STRATEGIC DEFENSE FELLOWS PROGRAM. (a) SELECTION OF PARTICIPANTS.—Subsection (d)(2) of section 932 of the John S. McCain National Defense Authorization Act for Fiscal Year (Public Law 115–232; 10 U.S.C. 1580 note prec.) is amended to read as follows: ‘‘(2) GEOGRAPHICAL REPRESENTATION.—Out of the total number of individuals selected to participate in the fellows program, which shall not exceed 60 individuals in any year, no more than 20 percent may be from any of the following geographic regions: ‘‘(A) The Northeast United States. ‘‘(B) The Southeast United States. ‘‘(C) The Midwest United States. ‘‘(D) The Southwest United States. ‘‘(E) The Western United States. ‘‘(F) Alaska, Hawaii, United States territories, and areas outside the United States.’’. (b) APPOINTMENT AND CAREER DEVELOPMENT.—Such section is further amended— (1) in subsection (d)(3)— (A) by striking ‘‘assigned’’ and inserting ‘‘appointed’’; and VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00296 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 431 PUBLIC LAW 118–31—DEC. 22, 2023 (B) by striking ‘‘assignment’’ and inserting ‘‘appoint- ment’’; and (2) by amending subsections (e) and (f) to read as follows: ‘‘(e) APPOINTMENT.— ‘‘(1) IN GENERAL.—An individual who participates in the fellows program shall be appointed into an excepted service position in the Department. ‘‘(2) POSITION REQUIREMENTS.—Each year, the head of each Department of Defense Component shall submit to the Sec- retary of Defense placement opportunities for participants in the fellows program. Such placement opportunities shall pro- vide for leadership development and potential commencement of a career track toward a position of senior leadership in the Department. The Secretary of Defense, in coordination with the heads of Department of Defense Components, shall estab- lish qualification requirements for the appointment of partici- pants under paragraph (1). ‘‘(3) APPOINTMENT TO POSITIONS.—Each year, the Secretary of Defense shall appoint participants in the fellows program to positions in the Department of Defense Components. In making such appointments, the Secretary shall seek to best match the qualifications and skills of the participants with the requirements for positions available for appointment. ‘‘(4) TERM.—The term of each appointment under the fel- lows program shall be one year with the option to extend the appointment up to one additional year. ‘‘(5) GRADE.—An individual appointed to a position under the fellows program shall be appointed at a level between GS–10 and GS–12 of the General Schedule based on the directly-related qualifications, skills, and professional experi- ence of the individual. ‘‘(6) EDUCATION LOAN REPAYMENT.—To the extent that funds are provided in advance in appropriations Acts, the Sec- retary of Defense may repay a loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of a loan under this paragraph may require a minimum service agreement, as determined by the Secretary. ‘‘(7) DEPARTMENT OF DEFENSE COMPONENT DEFINED.—In this subsection, the term ‘Department of Defense Component’ means a Department of Defense Component, as set forth in section 111 of title 10, United States Code. ‘‘(f) CAREER DEVELOPMENT.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall ensure that participants in the fellows program— ‘‘(A) receive career development opportunities and sup- port appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department; and ‘‘(B) are provided appropriate employment opportuni- ties for competitive and excepted service positions in the Department upon successful completion of the fellows pro- gram. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00297 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 432 PUBLIC LAW 118–31—DEC. 22, 2023 ‘‘(2) PUBLICATION OF SELECTION.—The Secretary shall pub- lish, on an Internet website of the Department available to the public, the names of the individuals selected to participate in the fellows program.’’. SEC. 1114. INCLUDING MILITARY SERVICE IN DETERMINING FAMILY AND MEDICAL LEAVE ELIGIBILITY FOR FEDERAL EMPLOYEES. (a) TITLE 5.—Section 6381(1)(B) of title 5, United States Code, is amended to read as follows: ‘‘(B) has completed at least 12 months of service— ‘‘(i) as an employee (as that term is defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a non- appropriated fund instrumentality as described in sec- tion 2105(c); or ‘‘(ii) which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States;’’. (b) FMLA.— (1) IN GENERAL.—A covered employee who has completed 12 months of service which qualifies as honorable active service in the Army, Navy, Air Force, Space Force, or Marine Corps of the United States shall be deemed to have met the service requirement in section 101(1)(A) of the Family and Medical Leave Act of 1993, notwithstanding the requirements of such section 101(1)(A). (2) COVERED EMPLOYEE DEFINED.—In this subsection, the term ‘‘covered employee’’— (A) includes— (i) any Federal employee eligible for family and medical leave under the Family and Medical Leave Act of 1993 based on their status as such an employee; (ii) any Federal employee covered by the Congres- sional Accountability Act of 1995 eligible for family and medical leave by operation of section 202 of such Act; (iii) any Federal employee of the Executive Office of the President eligible for family and medical leave by operation of section 412 of title 3, United States Code; and (iv) any non-judicial employee of the District of Columbia courts and any employee of the District of Columbia Public Defender Service; and (B) does not include any member of the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Adminis- tration, (c) DEPARTMENT OF VETERANS AFFAIRS.—Not later than 6 months after the date of enactment of this Act, the Secretary of Veterans Affairs shall modify the family and medical leave pro- gram provided by operation of section 7425(c) of title 38, United States Code, to conform with the requirements of the amendment made by subsection (a) with respect to military service in section 6381(1)(B)(ii) of title 5, United States Code, as added by such subsection. Deadline. 38 USC 7425 note. 29 USC 2611 note. Web posting. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00298 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 433 PUBLIC LAW 118–31—DEC. 22, 2023 SEC. 1115. EXCEPTION TO LIMITATION ON NUMBER OF SENIOR EXECU- TIVE SERVICE POSITIONS FOR THE DEPARTMENT OF DEFENSE. Section 1109(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2449; 5 U.S.C. 3133 note) is amended by adding at the end the following new paragraph: ‘‘(3) EXCEPTION.—The limitation under this subsection shall not apply to positions described in this subsection that are fully funded through amounts appropriated to an agency other than the Department of Defense.’’. SEC. 1116. EXTENSION OF DIRECT HIRE AUTHORITY FOR THE DEPART- MENT OF DEFENSE FOR POST-SECONDARY STUDENTS AND RECENT GRADUATES. Section 1106(d) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended by striking ‘‘September 30, 2025’’ and inserting ‘‘September 30, 2030’’. SEC. 1117. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT SPACE FORCE SCHOOLS. (a) IN GENERAL.—Section 9371 of title 10, United States Code, is amended— (1) in the section heading, by inserting ‘‘ and Space Delta 13 ’’ after ‘‘ Air University ’’ (2) in subsection (a), by inserting ‘‘or of the Space Delta 13’’ after ‘‘Air University’’; and (3) in subsection (c)— (A) in paragraphs (1), by inserting ‘‘or of the Space Delta 13’’ after ‘‘Air University’’; and (B) in paragraph (2), by inserting ‘‘or of the Space Delta 13’’ after ‘‘Air University’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 947 of such title is amended by striking the item relating to section 9371 and inserting the following new item: ‘‘9371. Air University and Space Delta 13: civilian faculty members.’’. SEC. 1118. REPORT AND SUNSET RELATING TO INAPPLICABILITY OF CERTIFICATION OF EXECUTIVE QUALIFICATIONS BY QUALIFICATION REVIEW BOARDS OF OFFICE OF PER- SONNEL MANAGEMENT. Section 1109 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (5 U.S.C. 3393 note) is amended— (1) in subsection (d)— (A) in paragraph (1), in the matter preceding subpara- graph (A), by striking ‘‘paragraph (3)’’ and inserting ‘‘para- graph (4)’’; (B) in paragraph (2), in the matter preceding subpara- graph (A), by striking ‘‘paragraph (3)’’ and inserting ‘‘para- graph (4)’’; (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph (3): ‘‘(3) ADDITIONAL REPORT.—Not later than December 1, 2024, the Secretary shall submit to the committees of Congress specified in paragraph (4) and the Comptroller General of the Assessments. 10 USC prec. 9371. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00299 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 434 PUBLIC LAW 118–31—DEC. 22, 2023 United States a report on the use of the authority provided in this section. The report shall include the following: ‘‘(A) The number and type of appointments made under this section between August 13, 2018, and the date of the report. ‘‘(B) Data on and an assessment of whether appoint- ments under the authority in this section reduced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report. ‘‘(C) An assessment of the utility of the appointment authority and process under this section. ‘‘(D) An assessment of whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced in the Department under the review system in use between August 13, 2013, and August 13, 2018. ‘‘(E) Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service.’’; and (2) in subsection (e), by striking ‘‘August 13, 2023’’ and inserting ‘‘September 30, 2025’’. SEC. 1119. EXPANSION OF NONCOMPETITIVE APPOINTMENT ELIGI- BILITY TO SPOUSES OF DEPARTMENT OF DEFENSE CIVILIANS. (a) IN GENERAL.—Section 3330d of title 5, United States Code, is amended— (1) in the section heading, by inserting ‘‘ and Department of Defense civilian ’’ after ‘‘ military ’’; (2) in subsection (a), by adding at the end the following: ‘‘(4) The term ‘spouse of an employee of the Department of Defense’ means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Depart- ment to another within the Department (that is outside of normal commuting distance) for permanent duty.’’; and (3) in subsection (b)— (A) in paragraph (1), by striking ‘‘or’’ at the end; (B) in paragraph (2), by striking the period at the end and inserting ‘‘; or’’; and (C) by adding at the end the following: ‘‘(3) a spouse of an employee of the Department of Defense.’’. (b) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3330d and inserting the following: ‘‘3330d. Appointment of military and Department of Defense civilian spouses.’’. (c) OPM LIMITATION AND REPORTS.— (1) RELOCATING SPOUSES.—With respect to the noncompeti- tive appointment of a relocating spouse of an employee of the Department of Defense under paragraph (3) of section 5 USC 3330d note. 5 USC prec. 3301. Definition. Recommenda- tions. Data. Time period. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00300 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 435 PUBLIC LAW 118–31—DEC. 22, 2023 3330d(b) of title 5, United States Code, as added by subsection (a), the Director of the Office of Personnel Management shall— (A) monitor the number of those appointments; (B) require the head of each agency with the authority to make those appointments under that provision to submit to the Director an annual report on those appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for those appointments; and (C) not later than 18 months after the date of enact- ment of this Act, submit, to the Committees on Armed Services and Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and Oversight and Accountability of the House of Representa- tives, a report on the use and effectiveness of the authority described in subparagraph (B). (2) NON-RELOCATING SPOUSES.—With respect to the non- competitive appointment of a spouse of an employee of the Department of Defense other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management— (A) shall treat the spouse as a relocating spouse under paragraph (1); and (B) may limit the number of those appointments. (d) SUNSET.—Effective on December 31, 2028— (1) the authority provided by this section, and the amend- ments made by this section, shall expire; and (2) the provisions of section 3330d of title 5, United States Code, amended or repealed by this section are restored or revived as if this section had not been enacted. SEC. 1120. ELIMINATION OF GOVERNMENT ACCOUNTABILITY OFFICE REVIEW REQUIREMENT RELATING TO DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES. Section 9902(h) of title 5, United States Code, is amended— (1) in paragraph (1)(B), by striking ‘‘and the Comptroller General,’’; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training Sec. 1201. Modification of support of special operations for irregular warfare. Sec. 1202. Modification of combatant commander initiative fund. Sec. 1203. Increase in small-scale construction limit and modification of authority to build capacity. Sec. 1204. Modifications to security cooperation workforce development program and establishment of defense security cooperation university. Sec. 1205. Extension and modification of authority for reimbursement of certain co- alition nations for support provided to United States military oper- ations. Sec. 1206. Extension of cross-servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations. Sec. 1207. Modification of authority to provide support to certain governments for border security operations. Sec. 1208. Extension of legal institutional capacity building initiative for foreign de- fense institutions. 5 USC 3330d note. Requirement. VerDate Sep 11 2014 12:30 Feb 09, 2024 Jkt 049139 PO 00031 Frm 00301 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL031.118 PUBL031 jmbennett on LAPBW6H6L3PROD with MULTI-PART PUBLAW
137 STAT. 436 PUBLIC LAW 118–31—DEC. 22, 2023 Sec. 1209. Report on ex gratia payments. Sec. 1210. Authority to provide mission training through distributed simulation. Sec. 1211. Requirement for military exercises. Subtitle B—Matters Relating to Other Authorities of the Department of Defense Sec. 1221. Modification of authority for expenditure of funds for clandestine activi- ties that support operational preparation of the environment and non- conventional assisted recovery capabilities. Sec. 1222. Modification to the American, British, Canadian, and Australian armies’ program. Sec. 1223. First modification of initiative to support protection of national security academic researchers from undue influence and other security threats. Sec. 1224. Second modification of initiative to support protection of national secu- rity academic researchers from undue influence and other security threats. Sec. 1225. Extension of