PUBL031.PS

PUBLIC LAW 118–31—DEC. 22, 2023

NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2024

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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) D

IVISIONS

.—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) T

ABLE OF

ONTENTS

.—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]

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

ART

1—A

DMINISTRATIVE

ROVISIONS

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.

ART

2—S

TREAMLINING AND

ROTECTING

RANSFERS OF

NITED

TATES

ILITARY

ECHNOLOGY

ROM

OMPROMISE

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.

ART

3—AUKUS S

UBMARINE

RANSFER

UTHORIZATION

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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) I

ENERAL

.—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—

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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) R

EPORT

EQUIRED

.—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) S

TRATEGY

EQUIRED

.—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) R

EQUIREMENTS FOR

TRATEGY

.—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.

TRATEGY

LEMENTS

.—Each strategy required by subsection

(a) shall include the following:

Time periods.

Reports.

10 USC 7013

note.

Certification.

Compliance.

Summary.

Reports.

Certification.

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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) C

ONSIDERATIONS

.—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) B

RIEFING

EQUIREMENTS

.—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) I

ENERAL

.—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) E

LEMENTS

.—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.

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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).

EPORT

.—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) D

EFINITIONS

.—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) M

ODIFICATION OF

EQUIREMENTS

.—

(1) I

N 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) E

FFECTIVE 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.

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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) A

NALYSIS AND

EPORT

.—

(1) I

N 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) E

LEMENTS

.—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.

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) R

EPORT

.—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) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—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) A

UTHORITY FOR

DVANCE

ROCUREMENT

.—The Secretary

of the Navy may enter into one or more contracts, beginning in

Effective date.

Costs.

Timeline.

Determination.

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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.

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—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) L

IMITATION ON

ERMINATION

IABILITY

.—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) V

IRGINIA

LASS

UBMARINE

EFINED

.—The term ‘‘Virginia

class submarine’’ means a block VI configured Virginia class sub-

marine.

SEC. 124. PROCUREMENT AUTHORITY FOR AUXILIARY PERSONNEL

LIGHTER PROGRAM.

(a) C

ONTRACT

UTHORITY

.—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) L

IABILITY

.—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) L

IMITATION

.—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) E

XCEPTION

.—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) I

ENERAL

.—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.

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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) A

PPLICABILITY AND

ERMINATION

.—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) L

IMITATION

.—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) M

ODIFICATION TO

EPORT

EQUIRED

EFORE

IVESTMENT

.—

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.

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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

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) A

NNUAL

PDATES

.—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.’’.

LARIFICATION OF

ELATIONSHIP

ETWEEN

IMITATIONS

.—

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);

‘‘(D) decrease the total aircraft inventory of RQ–4 aircraft

below 10 aircraft.

Time period.

Compliance.

10 USC 9062

note.

Deadlines.

Time period.

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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) T

EMPORARY

UTHORITY

.—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) T

ERMINATION

.—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.

EFINITIONS

.—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) M

INIMUM

NVENTORY

EQUIREMENT

.—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) P

ROHIBITION ON

EDUCTION OF

C–130 A

IRCRAFT

SSIGNED

ATIONAL

UARD

.—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.

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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) E

XCEPTIONS

.—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) I

ENERAL

.—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) P

OTENTIAL

RANSFER OF

ERTAIN

IRCRAFT

.—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.

EPEAL

.—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) I

ENERAL

.—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.

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137 STAT. 175 PUBLIC LAW 118–31—DEC. 22, 2023

(b) U

SE OF

OMPETITIVE

ROCEDURES AND

OLE

SOURCE

TRACTS

.—

(1) I

NITIAL 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) S

UBSEQUENT 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) C

OMPETITIVE 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) P

ROHIBITION

.—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) E

XCEPTION

.—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) P

ROHIBITION

.—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) P

RIMARY

ISSION

IRCRAFT

NVENTORY

EFINED

.—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.

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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) P

ROHIBITION

.—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) E

XCEPTION FOR

LAN

.—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.

XCEPTION FOR

E–7 P

ROCUREMENT

.—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) L

IMITATION

.—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) E

XCEPTION

.—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.

NFORMATION TO

ONGRESS

.—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.

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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) L

IMITATION

.—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) C

OVERED

ONTRACT

EFINED

.—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) L

IMITATION

.—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) A

CTIONS

ESCRIBED

.—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.

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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) P

LAN

EQUIRED

.—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) E

LEMENTS

.—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.

EPORT

.—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.

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137 STAT. 179 PUBLIC LAW 118–31—DEC. 22, 2023

(d) F

ORM OF

EPORT

.—The report required under subsection

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) A

NNUAL

EPORT

.—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) C

ONTENTS

.—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) R

ELATIONSHIP TO

THER

EPORTS

.—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.

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137 STAT. 180 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(d) M

AJOR

EAPON

YSTEM

EFINED

.—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) A

UTHORITY FOR

ULTIYEAR

ROCUREMENT

.—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) A

PPLICATION OF

TRATEGIC AND

RITICAL

ATERIALS

TOCK

ILING

.—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.).

UTHORITY FOR

DVANCE

ROCUREMENT

.—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) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—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) D

EFINITIONS

.—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) P

ROHIBITION

.—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) A

PPLICABILITY

.—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) L

IMITATION

.—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.

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137 STAT. 181 PUBLIC LAW 118–31—DEC. 22, 2023

procure a battery produced by an entity specified in subsection

(b).

(b) E

NTITIES

PECIFIED

.—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).

REATMENT OF

RODUCTION

.—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) W

AIVER

.—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.

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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) A

NNUAL

EPORT

.—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) E

LEMENTS

.—

‘‘(1) I

N 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.

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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) P

RIORITIZATION OF PRIORITIES

.—The report under sub-

section (a) shall present the unfunded priorities covered by

such report in order of urgency of priority.

‘‘(c) E

XCLUSION OF

RIORITIES

OVERED IN

THER

EPORTS

.—

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) F

ORM OF

EPORT

.—Each report submitted under subsection

(a) shall be submitted in classified form, but may include an

unclassified summary as the Secretary considers appropriate.

‘‘(e) U

NFUNDED

RIORITY

EFINED

.—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.

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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) E

STABLISHMENT

.—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) H

EAD OF

FFICE

.—The head of the Office shall be the

designee of the Commander of the Naval Air Systems Command.

‘‘(c) M

ISSION

.—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) A

CQUISITION

UTHORITIES

.—

‘‘(1) I

N 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.

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137 STAT. 185 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) I

NAPPLICABILITY OF JCIDS

.—The Joint Capabilities

Integration and Development System process shall not apply

to procurements described in paragraph (1).

‘‘(e) R

EQUIRED

ROGRAM

LEMENTS

.—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) E

XECUTIVE

VERSIGHT

OARD

.—

‘‘(1) I

N 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) O

FFICIALS 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) A

NNUAL

EPORTS AND

RIEFINGS

.—

‘‘(1) R

EPORT

.—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) B

RIEFING

.—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) E

LEMENTS

.—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—

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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) B

IENNIAL

PDATES TO

YPERSONICS

ESTING

TRATEGY

.—

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) B

IENNIAL UPDATES

.—

‘‘(A) I

N 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) S

UNSET

.—The requirement to prepare and submit

updates under this paragraph shall terminate on December

31, 2030.’’.

(b) L

IMITATION ON

VAILABILITY OF

UNDS

ENDING

UBMITTAL

TRATEGY

.—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).

VALUATION OF

OTENTIAL

YPERSONIC

EST

ANGES

.—

(1) S

TUDY

.—The Secretary of Defense shall conduct a study

to evaluate not fewer than two possible locations in the United

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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) A

CTIVITIES 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) R

EPORT

.—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) A

NNUAL

EPORT ON

UNDING AND

NVESTMENTS IN

YPERSONIC

APABILITIES

.—

(1) I

N 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) E

LEMENTS

.—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;

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) F

ORM

.—Each report submitted under paragraph (1)

shall be submitted in unclassified form, but may include a

classified annex.

Cost data.

Time period.

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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) F

ELLOWSHIPS

.—

‘‘(1) P

ROGRAM 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) E

QUAL 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) M

ULTIDISCIPLINARY

ARTNERSHIPS

ITH

NIVERSITIES

.—

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) I

ENERAL

.—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) M

AXIMUM

UMBER OF

ARTICIPANTS

.—Each public-private

talent exchange program established under subsection (a) may

include not more than 10 program participants.

ROGRAM

ARTICIPANT

EFINED

.—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) I

ENERAL

.—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) A

CTIVITIES

.—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.

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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.

ONSIDERATIONS

.—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) P

ERFORMANCE

ETRICS

.—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) N

OTIFICATION AND

EPORT

.—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) E

LIGIBLE

NTITY

EFINED

.—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) A

UTHORITY

.—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.

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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) N

OTIFICATION

.—

(1) I

N 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) C

ONTENTS

.—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.

TRATEGY

.—

(1) I

N 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) C

ONTENTS

.—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).

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) A

NNUAL

EPORT

.—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.

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137 STAT. 191 PUBLIC LAW 118–31—DEC. 22, 2023

(e) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—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) E

STABLISHMENT

.—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) C

OMPOSITION

.—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.

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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

(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.

CTIVITIES

.—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) S

UBMITTAL OF

ATRICES

.—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.

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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) M

ATRICES

ESCRIBED

.—The matrices described in this sub-

section are the following:

(1) E

NGINEERING 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.

(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) C

OST

.—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.

(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.

EMIANNUAL

PDATE OF

ATRICES

.—

Time periods.

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137 STAT. 194 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N 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) E

LEMENTS

.—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) T

REATMENT 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) A

SSESSMENT BY

OMPTROLLER

ENERAL OF THE

NITED

TATES

.—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) K

ERFORMANCE

ARAMETER

EQUIREMENTS

.—

(1) I

N 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) C

OST CATEGORIES SPECIFIED

.—The cost categories speci-

fied in this paragraph are the following:

(A) Unit recurring flyaway cost.

(B) Average procurement unit cost.

(D) Aircraft cost-per-tail-per-year.

(E) Aircraft cost-per-flight-hour.

Deadline.

Review.

Cost estimates.

Deadlines.

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137 STAT. 195 PUBLIC LAW 118–31—DEC. 22, 2023

(f) D

EFINITIONS

.—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) D

ESIGNATION OF

AJOR

UBPROGRAM

.—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) P

ROCUREMENT OF

F–35 D

EVELOPMENTAL

ESTING

CRAFT

.—

(1) I

N 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) A

IRCRAFT 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) E

STABLISHMENT AND

ALIDATION OF

EQUIREMENTS

.—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) C

OST

BENEFIT AND

ECHNICAL

ISK

NALYSIS

.—

(1) I

N 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) E

LEMENTS

.—The cost-benefit and technical risk analysis

conducted under paragraph (1) shall assess, at a minimum,

Assessments.

Evaluation.

Determination.

Validation.

Deadline.

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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.

(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) L

IMITATION 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) I

NDEPENDENT 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) R

EPORT

.—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).

ESIGNATION OF

AJOR

UBPROGRAM

.—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) F

EASIBILITY AND

DVISABILITY

SSESSMENT

.—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) D

ETERMINATION

.—Not later than 15 days after submitting

the assessment required under subsection (a) the Secretary of

Deadline.

Recommenda-

tions.

Records.

Determination.

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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.

LAN

.—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) E

LEMENTS

.—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

(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

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.

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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) R

EPORT

EQUIRED

.—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) S

UPPORT TO

OVERED

DUCATIONAL

NSTITUTIONS

.—

(1) I

N 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) P

URPOSES

.—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.

mines appropriate for enhancing the engineering, applied

research, commercialization, and development capabilities

of covered educational institutions.

(g) D

EFINITIONS

.—In this section:

(1) C

OVERED 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;

(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) C

RITICAL 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) I

NSTITUTION 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.

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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) P

OLICIES

EQUIRED

.—The Secretary of Defense shall develop

and implement policies to adapt Link 16 system management and

certification to align with agile development practices.

(b) E

LEMENTS

.—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.

NFORMATION TO

ONGRESS

.—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.

Compliance.

Determination.

Deadline.

Processes.

10 USC 4571

note.

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137 STAT. 200 PUBLIC LAW 118–31—DEC. 22, 2023

(d) T

ESTING

EQUIRED

.—

(1) I

N 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) R

EPORT

.—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) A

UTHORITIES

.—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) D

ETERMINATION

.—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.

DDITIONAL

ROCEDURES

.—

(1) I

N 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.

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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) R

EQUIREMENTS TO BE INCLUDED

.—The procedures

amended under paragraph (1) shall include the following

requirements:

(A) F

UNDING

.—(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) W

AIVER 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).

RANSITION

.—(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) S

UBMITTAL 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) C

ONGRESSIONAL

OTIFICATION

.—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.

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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) I

ENERAL

.—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) F

ORM OF

UPPORT

.—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.

MOUNT

.—The total value of support awarded to a qualified

entity under this section may not exceed $10,000,000.

(d) F

UNDING

.—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) A

PPLICATION

.—

(1) I

N 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) C

ONTENTS

.—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

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) B

RIEFING

.—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.

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137 STAT. 203 PUBLIC LAW 118–31—DEC. 22, 2023

(g) N

OTICE TO

ONGRESS

.—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) T

ERMINATION

.—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) D

EFINITIONS

.—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) P

ILOT

ROGRAM

.—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) E

NTITIES

PECIFIED

.—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.

CTIVITIES

.—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.

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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) B

RIEFING AND

EPORTS

.—

(1) I

NTERIM 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) A

NNUAL 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;

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) T

ERMINATION

.—The authority to carry out the pilot program

under subsection (a) shall terminate on September 30, 2026.

(f) D

EFINITION

.—In this section, the term ‘‘quantum and

quantum-hybrid applications’’ means algorithms and applications

Recommenda-

tions.

Plan.

Assessment.

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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) P

ROGRAM

EQUIRED

.—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) T

ERMINATION

.—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) I

ENERAL

.—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) I

ENERAL

.—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) L

EADERSHIP AND

DMINISTRATION

.—

‘‘(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.

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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) R

ESPONSIBILITIES

.—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.

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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) A

DDITIONAL

EQUIREMENTS

.—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) D

EFINITIONS

.—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.’’.

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137 STAT. 208 PUBLIC LAW 118–31—DEC. 22, 2023

(b) S

TATUS

EPORTS

.—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.

NNUAL

EPORTS

.—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) A

NALYSIS OF

LTERNATIVES

EVIEW

.—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) C

ONSIDERATION OF

NERGETIC

ATERIALS

.—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.

NERGETIC

ATERIALS

EFINED

.—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.

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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) P

ILOT

ROGRAM

EQUIRED

.—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) S

ELECTION OF

EAPON

YSTEMS

.—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.

IMELINE FOR

NTEGRATION

.—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) B

RIEFING

.—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

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) D

EFINITIONS

.—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) L

IMITATION

.—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.

10 USC 4172

note.

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137 STAT. 210 PUBLIC LAW 118–31—DEC. 22, 2023

(b) C

HEMICAL

ATERIALS

PECIFIED

.—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.

OUNTRIES

PECIFIED

.—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) E

FFECTIVE

ATE

.—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) I

ENERAL

.—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) Q

UANTITY

.—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.

UTHORITY FOR

DVANCE

ROCUREMENT

.—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) L

IMITATIONS

.—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) R

EPORT

.—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) D

EFINITIONS

.—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.

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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) I

ENERAL

.—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;

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);

(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) I

DENTIFICATION OF

OUNTRIES AND

ATHOGENS

.—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.

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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

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.

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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) C

ODIFICATION OF

XISTING

TATUTE

.—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.

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137 STAT. 214 PUBLIC LAW 118–31—DEC. 22, 2023

(3) redesignated as section 2693.

(b) I

MPROVEMENTS TO

ENTINEL

ANDSCAPES

ARTNERSHIP

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) C

OORDINATION OF

CTIVITIES

.—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) R

ULE OF

ONSTRUCTION

.—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

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

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137 STAT. 215 PUBLIC LAW 118–31—DEC. 22, 2023

missions of a military installation or State-owned National

Guard installation.’’.

ONFORMING

MENDMENTS

.—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) C

LARIFICATION OF

EFINITION OF

ATIONAL

UARD

ACILI

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) I

NCLUSION

NDER

EFENSE

NVIRONMENTAL

ESTORATION

ROGRAM

.—Section 2701(a)(1) of such title is amended by striking

‘‘State-owned’’.

ESPONSE

CTIONS AT

ATIONAL

UARD

ACILITIES

.—Sec-

tion 2701(c)(1)(D) of such title is amended by striking ‘‘State-owned’’.

(d) S

ERVICES OF

THER

NTITIES

.—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) E

NVIRONMENTAL

ESTORATION

CCOUNTS

.—Section

2703(g)(1) of such title is amended by inserting ‘‘, a National Guard

facility,’’ after ‘‘Department of Defense’’.

(f) T

ECHNICAL AND

ONFORMING

MENDMENTS

.—

(1) R

EPEAL

.—Section 2707 of such title is amended by

striking subsection (e).

(2) R

EFERENCE 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

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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.

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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) A

UTHORITY TO

OORDINATE

.—(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) W

AIVER OF FUEL EFFICIENCY KEY PERFORMANCE PARAM

ETER

.—

‘‘(A) I

N 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) N

ONDELEGATION

.—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) M

ODIFICATION TO

OVERED

ECHNOLOGIES FOR

ROTOTYPE

AND

EMONSTRATION

ROJECTS

.—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) A

PPLICABILITY

.—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.

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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) A

UTHORITY TO

RANSFER

UNDS

.—

(1) T

RANSFER 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) S

OURCE 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) P

URPOSE OF

RANSFER

.—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.

FFECT OF

RANSFERS

.—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) P

ROHIBITION ON

ISCLOSURE

EQUIREMENTS

.—

(1) N

ONTRADITIONAL 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) O

THER 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.

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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) W

AIVER

.—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.

EFINITIONS

.—In this section:

(1) The term ‘‘greenhouse gas’’ means—

(A) carbon dioxide;

(B) methane;

(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) R

EQUIREMENT

.—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) C

ONDITIONS

ESCRIBED

.—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.

EFINITIONS

.—In this section:

Determination.

Time periods.

10 USC note

prec. 2661.

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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) P

ROHIBITION

.—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) R

EPORT

EQUIREMENT

.—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

including the estimated cost avoidance over such life cycle.

PERATIONAL

NERGY

ROGRAM

EFINED

.—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) R

EPORT

EQUIRED

.—

(1) R

EPORT

.—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.

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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;

(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) D

EFINITIONS

.—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) P

UBLICATION OF

NFORMATION

.—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.

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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) P

RIZES

.—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) A

UTHORIZATION OF

PPROPRIATIONS

.—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.

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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) T

REATMENT OF

ERTAIN

ATERIALS

.—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.

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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) E

XPANSION OF WORKING GROUP

.—

(A) E

XPANSION

.—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) T

IMING

.—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) R

ESPONSIBILITIES OF MEMBERS

.—In paragraph (4), by

inserting ‘‘, or developing capabilities for such purposes,’’ after

‘‘coordinated initiatives’’.

(3) M

EETINGS

;

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.

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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) M

ODIFICATION TO

RIEFING

EQUIREMENT

.—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) B

RIEFING ON

MPLEMENTATION

TATUS

.—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.

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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) D

ESIGN OF

ILOT

ROGRAM

.—

(1) D

ESIGN

.—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) C

OORDINATION 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) O

BJECTIVES

.—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.

OMMENCEMENT

.—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) R

EPORT

.—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.

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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) T

ERMINATION

.—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) P

LAN

EQUIRED

.—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) L

IMITATION

.—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.

MPHIBIOUS

ARSHIP

EFINED

.—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.

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137 STAT. 228 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 349. PLAN REGARDING CONDITION AND MAINTENANCE OF

PREPOSITIONED STOCKPILES OF THE ARMY.

(a) P

LAN

EQUIRED

.—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) I

MPLEMENTATION

.—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.

RIEFINGS

.—

(1) B

RIEFING 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) B

RIEFINGS 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) S

TRATEGY

.—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) A

SSESSMENT

.—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.

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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.

RIEFING

.—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) A

SSESSMENT AND

TRATEGY

.—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) R

EPORTS

.—

(1) I

NITIAL 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) U

PDATE

.—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.

EFINITIONS

.—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) I

ENERAL

.—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.

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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) E

LEMENTS

.—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.

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.

EFINITIONS

.—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.

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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) P

ROJECTS

ROPOSED

ITHIN

AUTICAL

ILES OF

CTIVE

NTERCONTINENTAL

ALLISTIC

ISSILE

AUNCH

ACILITY

ONTROL

ENTER

.—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

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.

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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) I

NCLUSION OF

NTENNA

TRUCTURE

ROJECTS

.—

(1) I

N 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) A

NTENNA 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.’’.

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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.’’;

(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) I

ENERAL

.—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) S

ELECTION

.—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.

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137 STAT. 234 PUBLIC LAW 118–31—DEC. 22, 2023

(2) working with State and local elected officials and the

public in such State.

OTIFICATION

.—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) E

STABLISHMENT

.—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) P

ROHIBITIONS ON

LIMINATION

.—The Secretary of the Army

may not eliminate the Caisson Platoon of the 3rd Infantry Regiment

of the Army established under subsection (a).

RIEFINGS

.—

(1) P

ROVISION 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) E

LEMENTS

.—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.

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.

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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.

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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) I

ENERAL

.—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) E

TRENGTH

EDUCTIONS

.—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.

TRENGTH

NCREASES

.—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.

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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) A

UTHORIZATION OF

PPROPRIATIONS

.—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) C

ONSTRUCTION OF

UTHORIZATION

.—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.

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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.

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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.

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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) R

EPEAL OF

BSOLETE

UTHORITY

; R

EDESIGNATION

.—

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) I

NCREASED

UTHORIZED

TRENGTH

.—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’’;

‘‘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).

EPEAL OF

XCLUSION OF

FFICERS

ERVING AS

EAD

CIAL

RIAL

OUNSEL

ROM

IMITATIONS ON

UTHORIZED

TRENGTHS

.—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) W

ARRANT

FFICERS

RANSFERRED

ETWEEN

OMPONENTS

ITHIN THE

AME OR A

IFFERENT

RMED

ORCE

.—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.

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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) O

FFICERS

RANSFERRED TO

ESERVE

CTIVE

STATUS

IST

.—

(1) I

N 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) D

ATE 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) I

ENERAL

.—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) C

LERICAL

MENDMENT

.—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.

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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) O

FFICERS ON

CTIVE

DUTY

IST

.—

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) O

FFICERS ON

ESERVE

CTIVE

STATUS

IST

.—

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) E

FFECT OF

AILURE OF

ELECTION FOR

ROMOTION

: C

TAINS AND

AJORS OF THE

RMY

, A

ORCE

, M

ARINE

ORPS

AND

PACE

ORCE AND

IEUTENANTS AND

IEUTENANT

OMMANDERS

OF THE

AVY

.—

(1) I

N 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) C

LERICAL 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) R

ETIREMENT OF

EGULAR

FFICERS OF THE

AVY FOR

ENGTH OF

ERVICE OR

AILURE OF

ELECTION FOR

ROMOTION

.—

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.

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137 STAT. 243 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 509. IMPROVEMENTS RELATING TO SERVICE OBLIGATION FOR

MARINE CORPS CYBERSPACE OPERATIONS OFFICERS.

(a) R

EQUIRED

ERVICE

.—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

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) M

INIMUM

ERVICE

EQUIREMENT FOR

ERTAIN

YBERSPACE

CCUPATIONAL

PECIALTIES

.—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) C

YBERSPACE

PERATIONS

FFICER

.—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) S

ERVICE

BLIGATION

EFINED

.—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) E

STABLISHMENT

.—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.

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137 STAT. 244 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(b) F

UNCTIONS

.—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

(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) G

RADE

.—(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.

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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) I

ENERAL

.—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) A

UTHORITY TO

ESIGNATE

OMPETITIVE

ATEGORIES OF

FFICERS

.—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) L

IMITATION ON

XERCISE OF

UTHORITY

.—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.

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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) I

ENERAL

.—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) N

ECOMMENDATION FOR

ROMOTION OF

FFICERS

ELOW

ROMOTION

ONE

.—Section 14301(d) of this title shall not apply

to the selection for promotion of officers described in subsection

(a).

‘‘(c) R

ECOMMENDATION FOR

FFICERS TO

XCLUDED

ROM

UTURE

ONSIDERATION FOR

ROMOTION

.—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) I

ENERAL

.—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) I

NAPPLICABILITY OF

ERTAIN

IME

GRADE

EQUIRE

MENTS

.—Sections 14303 and 14304 of this title shall not apply

to the promotion of officers described in subsection (a).

‘‘(c) I

NAPPLICABILITY TO

FFICERS

BOVE AND

ELOW

MOTION

ONE

.—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) I

NELIGIBILITY OF

ERTAIN

FFICERS

.—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) S

PECIFICATION OF

UMBER OF

PPORTUNITIES FOR

ONSID

ERATION FOR

ROMOTION

.—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.

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137 STAT. 247 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(b) L

IMITED

UTHORITY OF

ECRETARY OF

ILITARY

EPART

MENT TO

ODIFY

UMBER OF

PPORTUNITIES

.—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) D

ISCRETIONARY

UTHORITY OF

ECRETARY OF

EFENSE TO

ODIFY

UMBER OF

PPORTUNITIES

.—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) L

IMITATION ON

UMBER OF

PPORTUNITIES

PECIFIED

.—

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) E

FFECT OF

ERTAIN

EDUCTION IN

UMBER OF

PPORTUNI

TIES

PECIFIED

.—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) I

ENERAL

.—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) I

NAPPLICABILITY OF

AILURE OF

ELECTION FOR

ROMOTION

FFICERS

BOVE

ROMOTION

ONE

.—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) S

PECIAL

ELECTION

OARD

ATTERS

.—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) E

FFECT OF

AILURE OF

ELECTION

.—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.

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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) R

ETIREMENT FOR

EARS OF

ERVICE

.—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) S

ELECTIVE

ARLY

ETIREMENT

.—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) I

ENERAL

.—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) T

ABLE OF

HAPTERS

MENDMENT

.—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) A

UTHORITY

.—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.

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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) C

LERICAL

MENDMENT

.—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.’’.

ONFORMING

MENDMENT

.—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) I

ENERAL

.—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) C

LERICAL

MENDMENT

.—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.

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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) I

ENERAL

.—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) I

ENERAL

.—Except as provided by subsection (b), a cov-

ered individual may not occupy a covered post-service position.

‘‘(b) T

EMPORARY

AIVER

.—

‘‘(1) I

N 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) P

ERIOD 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) R

EVOCATION

.—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) N

OTIFICATION

.—

‘‘(A) I

N 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) E

LEMENTS

.—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.

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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) C

ERTIFICATION OF

ROHIBITION

.—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) P

ENALTIES

.—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) A

NNUAL

EPORTS

.—

‘‘(1) R

EQUIREMENT

.—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) E

LEMENTS

.—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) F

ORM OF REPORT

.—Each report required by paragraph

(1) shall be submitted in unclassified form, but may include

a classified annex.

Assessments.

Processes.

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137 STAT. 252 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(f) N

OTIFICATIONS OF

ETERMINATIONS OF

ERTAIN

HREATS

.—

‘‘(1) R

EQUIREMENT

.—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) E

LEMENTS

.—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) R

ULE OF

ONSTRUCTION

.—Nothing in this section may

be construed to indemnify or shield covered individuals from

prosecution under any relevant provision of title 18.

‘‘(h) D

EFINITIONS

.—In this section:

‘‘(1) C

OVERED 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) C

OVERED 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) C

OVERED POST

SERVICE POSITION

.—The term ‘covered

post-service position’ means a position of employment described

in paragraph (2).’’.

(b) C

LERICAL

MENDMENT

.—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.’’.

ONFORMING

MENDMENT

.—Section 908 of title 37, United

States Code, is amended by adding at the end the following new

subsection:

‘‘(f) P

ROHIBITION ON

ORMER

EMBERS OF

RMED

ORCES

CCEPTING

MPLOYMENT

ITH

ERTAIN

OREIGN

OVERNMENTS

.—

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.

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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) V

ERIFICATION OF

INANCIAL

NDEPENDENCE

.—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

‘‘(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.

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137 STAT. 254 PUBLIC LAW 118–31—DEC. 22, 2023

(b) B

RIEFING ON

INANCIAL

NDEPENDENCE

.—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.

ECRETARY

ONCERNED

EFINED

.—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

‘‘(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) R

EINSTATEMENT

.—

(1) R

EQUEST

;

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.

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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) T

REATMENT 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).

(D) Subsection (g).

(b) C

OVERED

NDIVIDUAL

EFINED

.—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) M

ANDATORY

EVIEW

.—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) C

OVERED

RMED

ORCE

EFINED

.—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) C

OMMUNICATION

TRATEGY

EQUIRED

.—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) D

EFINITIONS

.—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.

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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) I

ENERAL

.—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) R

ULE OF

ONSTRUCTION

.—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.

OVERED

EMBER

EFINED

.—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) R

EMOVAL OF

IME

IMITATIONS

.—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) D

URATION 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.

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137 STAT. 257 PUBLIC LAW 118–31—DEC. 22, 2023

(b) A

UTHORIZATION OF

EIMBURSEMENT OR

CQUISITION OF

ECURITY

ERVICES

.—Such section 714, as amended by subsection

(a), is further amended by adding at the end the following:

‘‘(e) R

EIMBURSEMENT

.—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) I

ENERAL

.—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) P

ERIOD

ESCRIBED

.—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) M

ERIT

EQUIREMENT

.—A military accession or a promotion

in the Department of Defense shall be based on individual merit

and demonstrated performance.

(b) R

EGULATIONS

.—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) T

ECHNICAL

MENDMENT

ELATING TO

UILTY

LEAS FOR

URDER

.—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.

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137 STAT. 258 PUBLIC LAW 118–31—DEC. 22, 2023

(b) T

ECHNICAL

MENDMENTS

ELATING TO THE

ILITARY

TICE

EFORMS IN THE

ATIONAL

EFENSE

UTHORIZATION

CT FOR

ISCAL

EAR

2022.—

(1) A

RTICLE 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) A

RTICLE 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

(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’’.

UTHORITY OF

PECIAL

RIAL

OUNSEL

ITH

ESPECT TO

ERTAIN

FFENSES

CCURRING

EFORE

FFECTIVE

ATE OF

ILI

TARY

USTICE

EFORMS

NACTED IN THE

ATIONAL

EFENSE

UTHORIZATION

CT FOR

ISCAL

EAR

2022.—

(1) A

UTHORITY

.—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) S

PECIAL

RIAL

OUNSEL

UTHORITY

VER

ERTAIN

THER

FFENSES

.—

‘‘(1) O

FFENSES 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

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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) E

FFECT OF EXERCISE OF AUTHORITY

.—

‘‘(A) T

REATMENT 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) K

NOWN 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) C

ONFORMING 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) C

LARIFICATION OF

PPLICABILITY OF

OMESTIC

IOLENCE

AND

TALKING TO

ATING

ARTNERS

.—

(1) A

RTICLE 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) I

ENERAL

.—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

‘‘(b) D

EFINITIONS

.—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) A

RTICLE 130

;

STALKING

.—Section 930 of such title (article

130 of the Uniform Code of Military Justice) is amended—

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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) E

FFECTIVE

ATE

.—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) A

PPOINTMENT TO

TAGGERED

ERMS

.—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) E

STABLISHMENT 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) T

ERM

; V

ACANCIES

.—Subsection (e) of such section is

amended to read as follows:

‘‘(e) T

ERM

; V

ACANCIES

.—

‘‘(1) T

ERM

.—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) V

ACANCY

.—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.

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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) A

VAILABILITY 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) C

ERTIORARI TO THE

NITED

TATES

OURT OF

PPEALS

FOR THE

RMED

ORCES

.—

(1) I

N 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) T

ECHNICAL AND CONFORMING AMENDMENTS

.—

(A) T

ITLE 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) T

IME 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) E

FFECTIVE

ATE AND

PPLICABILITY

.—

(1) I

N 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) I

NAPPLICABILITY 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.

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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) F

INALITY 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) R

ULES 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) A

DDITIONAL

EQUIREMENTS

.—As part of the initiative under

subsection (a), the Secretary of Defense shall carry out the following

activities:

‘‘(1) A

NNUAL 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) P

ARTNERSHIPS

.—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) M

ANDATORY 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) L

IMITATION

.—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.

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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) D

EFINITIONS

.—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) S

TUDY

EQUIRED

.—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) U

SE OF

ILITARY

USTICE

XPERTS

.—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).

NFORMATION TO

ONGRESS

.—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) R

EPORT

.—A report containing the results of the study

required under subsection (a).

(2) D

RAFT 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) M

ILESTONES 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) S

TUDY

.—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.

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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) R

EPORT

.—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.

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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)—’’;

(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) I

MPROVEMENTS

.—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) C

OVERED

RMED

ORCE

EFINED

.—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.

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137 STAT. 266 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 546. FUTURE SERVICEMEMBER PREPARATORY COURSE.

(a) R

EQUIREMENT

.—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) P

URPOSE

.—The course established under subsection (a) shall

be designed to improve the physical and aptitude qualifications

of military recruits.

RITERIA

.—Each course established under this section shall

comply with the following requirements:

(1) E

NROLLMENT

.—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) G

RADUATION 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) E

FFECT 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) R

EPORT

.—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) S

UNSET

.—The requirements of this section shall expire on

September 30th, 2028.

SEC. 547. PILOT PROGRAM ON CARDIAC SCREENINGS FOR MILITARY

ACCESSIONS.

(a) E

STABLISHMENT

.—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) P

URPOSES

.—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.

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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.

RIEFING

.—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) T

ERMINATION

.—The pilot program shall terminate after

three years after its implementation.

SEC. 548. COMMUNITY COLLEGE ENLISTED TRAINING CORPS DEM-

ONSTRATION PROGRAM.

(a) D

EMONSTRATION

ROGRAM

.—

(1) I

N 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) L

OCATION

.—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) E

LIGIBILITY FOR

EMBERSHIP

.—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.

NSTRUCTORS

.—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) F

INANCIAL

SSISTANCE

.—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.

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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) C

URRICULUM

.—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) R

EPORTING

EQUIREMENT

.—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) S

UNSET

.—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) B

RIEFINGS

EQUIRED

.—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) E

LEMENTS

.—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.

ISAGGREGATION

.—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) D

EFINITIONS

.—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.

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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.

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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) I

ENERAL

.—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.

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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) T

REATMENT OF

URRENT

DMINISTRATORS AND

NSTRUC

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.

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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) I

ENERAL

.—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) A

NNUAL

EPORTS

.—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.

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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) U

NITED

TATES

ILITARY

CADEMY

.—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) U

NITED

TATES

AVAL

CADEMY

.—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’’.

NITED

TATES

ORCE

CADEMY

.—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.

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137 STAT. 274 PUBLIC LAW 118–31—DEC. 22, 2023

(d) A

PPLICABILITY

.—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) U

NITED

TATES

ILITARY

CADEMY

.—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) U

NITED

TATES

AVAL

CADEMY

.—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’’.

NITED

TATES

ORCE

CADEMY

.—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) L

EGISLATIVE

ROPOSAL

.—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) R

EPORT

EQUIRED

.—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.

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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.

EFINITIONS

.—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) I

ENERAL

.—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.

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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 R

EPORT

.—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.

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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

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) C

ONTRACT

UTHORITY

.—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’’;

Grants.

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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) P

ROHIBITION

.—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;

(3) in professional military education.

(b) P

ROTECTION OF

CADEMIC

REEDOM

.—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.

EFINITIONS

.—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) I

MPLEMENTATION

.—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.

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137 STAT. 279 PUBLIC LAW 118–31—DEC. 22, 2023

(19) 19K.

(20) 19Z.

(b) B

RIEFING

.—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) N

MEDICAL

OUNSELING

ERVICES

.—(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.

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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) I

ENERAL

.—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);

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) B

RIEFING

EQUIRED

.—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) C

ONTINUATION OF

UTHORITY TO

SSIST

OCAL

CATIONAL

GENCIES

HAT

ENEFIT

EPENDENTS OF

EMBERS OF

THE

RMED

ORCES AND

EPARTMENT OF

EFENSE

IVILIAN

MPLOYEES

.—

(1) A

SSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS

OF MILITARY DEPENDENT STUDENTS

.—Of the amount authorized

Deadline.

Definition.

Termination

date.

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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) L

OCAL 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) I

MPACT

ID FOR

HILDREN

ITH

EVERE

ISABILITIES

.—

(1) I

N 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) A

DDITIONAL 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) B

RIEFING

.—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) I

ENERAL

.—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;

child development center; and

Time period.

10 USC note

prec. 1791.

Deadline.

Evaluation.

Determination.

Payments.

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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) A

NNUAL

RIEFING

.—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.

EFINITIONS

.—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) B

RIEFINGS 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) Q

UARTERLY

RIEFINGS

EQUIRED

.—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.

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137 STAT. 283 PUBLIC LAW 118–31—DEC. 22, 2023

(b) C

ONTENTS OF

NITIAL

RIEFING

.—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.

ONTENTS OF

UBSEQUENT

RIEFINGS

.—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) I

ENERAL

.—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) E

LEMENTS

.—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.

Assessment.

Cost estimate.

Costs.

Estimate.

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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.

ENTAL

EALTH AND

ELLNESS

ONSIDERATIONS

.—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) E

STABLISHMENT

.—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) I

ENERAL

.—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) D

ISCLOSURES AND

OTIFICATIONS

.—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.

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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) E

XCEPTIONS

.—(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) S

CHOOL

DVISORY

OMMITTEES AND

OARDS

.—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) D

EFINITIONS

.—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.

Records.

Standards.

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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) R

EPORT

.—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) C

ESSATION

.—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.

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137 STAT. 287 PUBLIC LAW 118–31—DEC. 22, 2023

(b) R

ESTART

.—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.

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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) P

ARENTAL

EAVE

.—

(1) I

N 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) C

LERICAL 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) C

OMPENSATION

.—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.

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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.’’.

ONTRIBUTION OF

EAVE

OWARD

NTITLEMENT TO

ETIRED

.—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) C

REDIT FOR

ETIRED

URPOSES

.—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) E

FFECTIVE

ATE

.—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) I

ENERAL

.—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) C

LERICAL

MENDMENT

.—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.

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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) C

ONTINUATION

: F

ULL

TSP M

EMBERS

ITH

EARS OF

ERVICE

.—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) C

LERICAL

MENDMENT

.—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) I

ENERAL

.—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) C

ONFORMING AND

LERICAL

MENDMENTS

.—

(1) C

ONFORMING 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.

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137 STAT. 291 PUBLIC LAW 118–31—DEC. 22, 2023

(2) C

LERICAL 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.’’.

ODIFICATION OF

MPLEMENTATION

ETERMINATION

.—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) I

N 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) E

VALUATION 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) A

UTHORITIES

ELATING TO

ESERVE

ORCES

.—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) T

ITLE

10 A

UTHORITIES

ELATING TO

EALTH

ARE

ROFES

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.

UTHORITIES

ELATING TO

UCLEAR

FFICERS

.—Section

333(i) of title 37, United States Code, is amended by striking

‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’.

(d) A

UTHORITIES

ELATING TO

ITLE

37 C

ONSOLIDATED

PECIAL

, I

NCENTIVE

AND

ONUS

UTHORITIES

.—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.

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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) A

UTHORITY TO

ROVIDE

EMPORARY

NCREASE IN

ATES

ASIC

LLOWANCE FOR

OUSING

.—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) A

UTHORIZATION

.—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) A

MOUNT OF

.—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.

ELATIONSHIP TO

THER

AY AND

LLOWANCES

.—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) T

ERMINATION

.—No bonus may be paid under this section

after December 31, 2024.

(e) E

LIGIBLE

EMBER

EFINED

.—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.

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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

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) I

ENERAL

.—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) I

MPLEMENTATION

UIDANCE

.—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.

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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) I

NCREASE

.—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) R

EVIEW

.—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) R

EDUCTIONS

.—The Secretary of Defense may reduce an

OCONUS COLA in accordance with this subsection.

‘‘(1) F

REQUENCY

.—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) M

AXIMUM 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) L

IMITATIONS

.—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) I

MPLEMENTATION

.—The Secretary may phase in a

reduction under this subsection.

37 USC 403b

note.

Recommenda-

tions.

President.

37 USC 1008

note.

Time period.

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137 STAT. 295 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(b) I

NCREASES

.—The Secretary may increase an OCONUS

COLA at any time.

‘‘(c) R

EPORTING

.—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) D

EFINITIONS

.—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.

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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) C

OVERED

UNITIVE

CTIONS

.—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) C

OMMENCEMENT OF

AYMENT

.—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)’’.

EFINITION OF

EPENDENT

HILD

.—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) D

ELEGATION OF

ETERMINATIONS

ELATING TO

XCEPTIONAL

LIGIBILITY

.—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.

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137 STAT. 297 PUBLIC LAW 118–31—DEC. 22, 2023

(4) by inserting, after subsection (j), the following new

subsection (k):

‘‘(k) L

ODGING

XPENSES

.—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) I

ENERAL

.—Section 1062 of title 10, United States Code,

is amended—

(1) by striking ‘‘The Secretary of Defense’’ and inserting

the following:

‘‘(a) C

ERTAIN

NREMARRIED

ORMER

POUSES

.—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) C

ERTAIN

EMARRIED

URVIVING

POUSES

.—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 R

ETAIL

ACILITIES

EFINED

.—In this section, the

term ‘MWR retail facilities’ has the meaning given that term in

section 1063 of this title.’’.

(b) R

EGULATIONS

.—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.

LERICAL

MENDMENT

.—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) D

OULA AND

IBCLC C

ERTIFICATIONS

.—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.

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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

‘‘R

EIMBURSEMENT OF

UALIFYING

POUSE

ELICENSING

OSTS

AND

USINESS

OSTS

’’;

(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

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.

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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 S

ELECT

.—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 P

RIME

.—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.

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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) I

ENERAL

.— Section 1076d(c) of title 10, United States

Code, is amended by striking ‘‘six months’’ and inserting ‘‘three

years’’.

(b) E

FFECTIVE

ATE

.—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.

10 USC 1076d

note.

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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) R

EGULATIONS

.—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) B

RIEFING

.—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.

ALOXONE

EFINED

.—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) A

UTHORITY

.—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 C

OMPETITIVE

LANS

EMONSTRATION

ROJECT

EFINED

.—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) I

ENERAL

.—Section 1073c of title 10, United States Code,

is amended—

Deadline.

10 USC 1073a

note.

Time period.

Deadline.

10 USC 1090

note.

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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) E

XCEPTION TO

STABLISHMENT OF

DDITIONAL

DHA

RGANIZATIONS

.—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) B

RIEFING

PDATE

.—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) J

USTIFICATION OF

ENIAL

.—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.

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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) T

EMPORARY

ROHIBITION

.—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 S

TUDY ON

EFENSE

EALTH

GENCY

ANAGEMENT

ILITARY

EDICAL

REATMENT

ACILITIES

.—

(1) S

TUDY REQUIRED

.—The Comptroller General of the

United States shall conduct a study of the plan described in

subsection (a).

(2) E

LEMENTS

.—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

organizational structures of the Defense Health Agency,

including market structures and component models.

(3) B

RIEFING

;

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.

ECHNICAL

ORRECTIONS

.—

(1) D

EFENSE 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 ‘‘H

EALTHAGENCY

’’ and inserting ‘‘H

EALTH AGENCY

’’;

and

(B) in paragraph (2)(A), by striking ‘‘military’’.

(2) D

EFENSE 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.

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137 STAT. 304 PUBLIC LAW 118–31—DEC. 22, 2023

(3) P

LANNING 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) E

STABLISHMENT

.—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) M

EMBERSHIP

.—Each member of the working group shall

be a member of the Armed Forces or a civilian employee of the

Department of Defense.

OCHAIRS

.—The Secretary shall appoint a chair of the

working group. The working group shall elect a cochair from among

its members.

(d) D

UTIES

.—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;

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.

Consultation.

10 USC 1073

note.

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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) B

RIEFINGS

.—

(1) I

NITIAL 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) A

NNUAL 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) T

ERMINATION

.—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.

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137 STAT. 306 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 722. STUDY ON OPIOID ALTERNATIVES.

(a) E

STABLISHMENT

.—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) R

EPORT

.—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.

PIOID

LTERNATIVE

EFINED

.—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) E

STABLISHMENT

.—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) E

LIGIBLE

NTITIES

.—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.

ARTICIPATION IN

LINICAL

RIALS

.—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) R

EPORT

EQUIRED

.—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.

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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) D

EFINITIONS

.—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.

(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) R

EPORT

EQUIRED

.—

(1) I

N 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) C

ONTENTS

.—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.

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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.

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) P

RIVACY

.—

(A) I

N 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) A

PPLICATION 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) D

EFINITIONS

.—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) S

TUDY

.—The Secretary of Defense shall conduct a study

to assess and evaluate any health conditions arising in members

Evaluation.

Assessments.

Assessment.

Analysis.

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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) S

TUDY

ARAMETERS

.—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;

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.

EPORT

.—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 V

ACCINE

EFINED

.—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) S

TUDY

EQUIRED

.—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) E

LEMENTS

.—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.

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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.

RIEFING

; R

EPORT

.—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) C

OVERED

NDIVIDUAL

EFINED

.—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;

(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.

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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.

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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) I

ENERAL

.—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.

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137 STAT. 313 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(b) W

AIVER

.—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) D

EFINITIONS

.—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;

‘‘(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) P

ROHIBITION

.—

(1) I

N 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) O

IL 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) E

XCEPTIONS

.—

(1) I

N 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.

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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;

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) N

OTIFICATION 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) O

FFICE 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) A

MERICAN 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.

PPLICABILITY

.—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) S

UNSET

.—This section shall terminate on December 31,

2029.

(e) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE 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) B

USINESS OPERATIONS

.—

(A) I

N 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) E

XCEPTIONS

.—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,

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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;

(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) F

OSSIL 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

tation of, Russian oil, gas, or coal.

(4) P

ERSON

.—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

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) P

ROHIBITION ON

SE OR

ROCUREMENT

.—

(1) I

N 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) E

NTITIES DESCRIBED

.—An entity described in this para-

graph is—

10 USC note

prec. 4651.

Ukraine.

Determination.

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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) L

IMITATION ON APPLICABILITY

.—

(A) I

N 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) E

XISTING 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).

OMPONENTS

.—Paragraph (1) shall not apply with

respect to components (as defined in section 105 of title

41, United States Code).

(4) R

ULEMAKING

.—

(A) E

NTITY 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) G

OODS 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) E

FFECTIVE

ATES

.—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.

AIVER

UTHORITY

.—

(1) I

N 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.

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137 STAT. 317 PUBLIC LAW 118–31—DEC. 22, 2023

(2) D

URATION

.—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) D

ELEGATION

.—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) E

XCEPTION

.—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) D

EFINITIONS

.—In this section:

(1) C

ONTROL

.—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) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of Defense.

SEC. 806. PRINCIPAL TECHNOLOGY TRANSITION ADVISOR.

(a) D

ESIGNATION

.—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) A

DVISOR

TATUS

.—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.

ESPONSIBILITIES

.—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.

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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) C

ONGRESSIONAL

EPORT

.—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) D

EFINITIONS

.—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) S

ENIOR

ONTRACTING

FFICIAL

.—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.

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137 STAT. 319 PUBLIC LAW 118–31—DEC. 22, 2023

(b) E

FFECTIVE

ATE

; I

MPLEMENTATION

LAN

.—

(1) E

FFECTIVE 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) P

LAN

.—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).

SEC. 808. PILOT PROGRAM FOR THE USE OF INNOVATIVE INTELLEC-

TUAL PROPERTY STRATEGIES.

(a) E

STABLISHMENT

.—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) C

RITERIA FOR

TRATEGIES

.—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.

ESIGNATION OF

OVERED

ROGRAMS

.—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) B

RIEFING

EQUIREMENT

.—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) A

NNUAL

EPORT

.—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.

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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) T

ERMINATION

.—The authority to carry out the pilot program

established under this section shall terminate on December 31,

2028.

(g) D

EFINITIONS

.—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) I

ENERAL

.—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) R

EQUIREMENTS

.—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.

OTICE

.—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) T

IMING

.—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) E

XEMPTIONS

.—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) B

RIEFING

.—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) A

NYTHING

SERVICE

EFINED

.—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.

Public

information.

Time period.

10 USC note

prec. 3301.

Recommenda-

tions.

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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) P

ROGRAM

UIDANCE ON

LANNING FOR

XPORTABILITY

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) R

EVISION OF

UIDANCE FOR

ROGRAM

ROTECTION

LANS

.—

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) M

ODERNIZING THE

EPARTMENT OF

EFENSE

EQUIREMENTS

ROCESS

.—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) R

EFORM

LEMENTS

.—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.

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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.

LEMENTS

.—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) I

NTERIM

EPORT

.—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.

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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) F

INAL

EPORT

.—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) I

ENERAL

.—

(1) C

ERTIFICATION

.—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) P

ROHIBITION

.—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) C

ONFLICT OF

NTEREST

ITIGATION

LAN

.—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.

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137 STAT. 324 PUBLIC LAW 118–31—DEC. 22, 2023

LTERNATIVE

DENTIFICATION OF

OVERED

OREIGN

NTI

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) N

OTIFICATION

.—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) W

AIVER

.—

(1) A

UTHORITY

.—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) W

AIVER 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;

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) D

EFINITIONS

.—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.

(D) The Defense Contract Audit Agency.

Deadline.

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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).

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) R

EQUIREMENT

.—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.

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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) E

XECUTION

.—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.

UNSET

.—Subsection (a) shall expire on September 30, 2027.

(d) D

EFINITIONS

.—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:

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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) I

ENERAL

.—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) U

SE 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) A

PPLICABILITY

.—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) I

ENERAL

.—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

‘‘P

ROGRAM

STABLISHED

’’; 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) A

UTHORITY

.—

Guidance.

Procedures.

Strategies.

10 USC 4022

note.

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137 STAT. 328 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) I

DENTIFICATION

.—

‘‘(A) I

N 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) N

OTIFICATION

.—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) C

OVERED 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) N

OTIFICATION TO

OVERED

ERSON OR

NTITY

.—

‘‘(1) A

DVANCE 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) N

OTICE OF COVERED PROCUREMENT ACTIONS

.—

‘‘(A) I

N 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) L

IMITATION 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.

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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) P

ROTECTION 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) C

OVERED

ROCUREMENT

CTION

EPORTING

.—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) A

NNUAL

EVIEW

.—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) W

AIVER

.—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) D

ELEGATION OF

UTHORITY

.—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) U

PDATING

EGULATIONS

.—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.

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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) A

CCESS TO

ECORDS

.—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

‘‘(a) A

DDITIONAL

CCESS TO

ECORDS

.—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) L

IMITATION

.—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.

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137 STAT. 331 PUBLIC LAW 118–31—DEC. 22, 2023

EFINITIONS

.—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) C

OVERED 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) C

OVERED 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) C

OVERED 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) C

OVERED 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) E

FFECTIVE

ATE

.—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.

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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) C

OUNTERING THE

PREAD OF

OVERED

OGISTICS

LAT

FORMS

.—

(1) C

ONTRACTING PROHIBITION

.—

(A) I

N GENERAL

.—The Secretary of Defense may not

enter into a contract with an entity that provides data

to covered logistics platforms.

(B) A

PPLICABILITY

.—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) W

AIVER

.—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) R

EPORT

.—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) P

OLICY

ITH

ESPECT TO

ORTS

CCEPTING

EDERAL

RANT

ONEY

.—

(1) I

N 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) I

ENERAL

.—

‘‘(1) P

ROHIBITION

.—A covered entity shall not use a covered

logistics platform.

‘‘(2) E

LIGIBILITY

.—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) G

UIDANCE

.—The Secretary of Transportation shall—

46 USC 50309.

Time periods.

Reports.

Determination.

Effective date.

46 USC 50309

note.

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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) C

ONSULTATION

.—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) W

AIVER

.—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) D

EFINITIONS

.—In this section:

‘‘(1) C

OVERED 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) C

OVERED 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) C

LERICAL 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) A

PPLICABILITY

.—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.

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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) R

EPORTING

.—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).

EGOTIATIONS

ITH

LLIES AND

ARTNERS

.—

(1) N

EGOTIATIONS 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) E

LEMENTS

.—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;

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) A

LLIES 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

(4) R

EPORT

.—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) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

Taiwan.

India.

Determination.

President.

Time periods.

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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) C

OVERED 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) F

OREIGN 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;

(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) A

UTHORITY

.—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) G

UIDANCE

.—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) I

ENERAL

.—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) I

MPLEMENTATION

.—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.

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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) I

ENERAL

.—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

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.

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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) A

PPLICABILITY

.—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) I

ENERAL

.—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

‘‘(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) P

ROVENANCE OF

EROSPACE

GRADE

ETALS

.—(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) E

FFECTIVE

ATE

.—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.

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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

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) A

SSESSMENT

EQUIRED

.—

(1) I

N 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) I

NFORMATION 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) E

NHANCED

OMESTIC

ONTENT

EQUIREMENT

.—

(1) I

N 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

percent of the cost of the manufactured articles, materials,

or supplies.

(2) E

XCLUSION 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) R

ULEMAKING TO CREATE A FALLBACK THRESHOLD

.—

(A) I

N 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.

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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) T

ERMINATION

.—Rules issued under this paragraph

shall cease to have force or effect on January 1, 2031.

(4) A

PPLICABILITY

.—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

of the national technology and industrial base (as defined

by section 4801 of title 10, United States Code).

AJOR

EFENSE

CQUISITION

ROGRAM

EFINED

.—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

(2) by inserting after subsection (a) the following new sub-

section:

‘‘(b) I

MPLEMENTATION

UIDANCE

.—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.

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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) C

ONTESTED

OGISTICS

EMONSTRATION AND

ROTOTYPING

ROGRAM

EQUIRED

.—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) E

LEMENTS

.—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

or exemption.

Determination.

10 USC 2341

note.

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137 STAT. 341 PUBLIC LAW 118–31—DEC. 22, 2023

DVANCE

LANNING AND

REPARATION

.—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) A

UTHORITIES

.—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) R

EPORT

.—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) D

EVELOPMENT AND

ROMULGATION OF

EPARTMENT OF

EFENSE

UIDANCE

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary shall issue guidance imple-

menting the Program.

(g) S

UNSET

.—The authority under this section shall terminate

on the date that is three years after the date of the enactment

of this Act.

(h) D

EFINITIONS

.—In this section:

(1) C

ONTESTED LOGISTICS ENVIRONMENT

.—The term ‘‘con-

tested logistics environment’’ has the meaning given such term

in section 2926 of title 10, United States Code.

(2) C

OVERED NATIONS

.—The term ‘‘covered nation’’ means—

(A) Australia;

(B) Canada;

(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) C

OVERED 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

United States or a covered nation.

(4) P

RODUCT SUPPORT

;

PRODUCT SUPPORT INTEGRATOR

;

PRODUCT SUPPORT PROVIDER

.—The terms ‘‘product support’’,

‘‘product support integrator’’, and ‘‘product support provider’’

Deadline.

Summaries.

Recommenda-

tions.

Contracts.

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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) P

RODUCT SUPPORT ARRANGEMENT

.—

(A) I

N 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) F

UNCTIONS 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) P

ROGRAM

.—The term ‘‘Program’’ means the demonstra-

tion and prototyping program established under subsection (a).

(7) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of Defense.

SEC. 843. SPECIAL AUTHORITY FOR RAPID CONTRACTING FOR COM-

MANDERS OF COMBATANT COMMANDS.

(a) I

ENERAL

.—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) S

PECIAL

UTHORITIES

ESCRIBED

.—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.

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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.

ETERMINATION

.—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

special authority.

(d) S

UNSET

.—The authority under subsection (a) shall terminate

on September 30, 2028.

(e) A

NNUAL

EPORT

.—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.

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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) D

EFINITIONS

.—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) C

OOPERATIVE

GREEMENTS

.—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

‘‘(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) W

AIVER OF

OVERNMENT

OST

HARE

ESTRICTION

.—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.’’.

UTHORITY TO

ROVIDE

ERTAIN

YPES OF

ECHNICAL

SSISTANCE

.—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.

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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) I

ENERAL

.—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) U

SE OF

OOLS

.—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.

NNUAL

EPORTS

.—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.

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137 STAT. 346 PUBLIC LAW 118–31—DEC. 22, 2023

(d) T

ERMINATION

.—The authority to carry out the pilot program

under this section shall terminate on January 1, 2028.

(e) C

OVERED

EAPONS

LATFORM

EFINED

.—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) I

ENERAL

.—Section 8(d)(13) of the Small Business Act

(15 U.S.C. 637(d)(13)) is amended—

15 USC 18a note.

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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

‘‘(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) C

OOPERATION

.—

‘‘(i) I

N 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) D

URATION

.—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) R

EGULATIONS

.—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) D

EFINITIONS

.—In this section:

15 USC 644 note.

Deadline.

Determination.

15 USC 637 note.

Determination.

Requirement.

Consultation.

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137 STAT. 348 PUBLIC LAW 118–31—DEC. 22, 2023

(1) A

DMINISTRATOR

.—The term ‘‘Administrator’’ means the

Administrator of the Small Business Administration.

(2) S

MALL 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) E

LIMINATING

ELF

-C

ERTIFICATION IN

RIME

ONTRACTING

AND

UBCONTRACTING FOR

SDVOSB

.—

(1) I

N 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) E

FFECTIVE DATE

.—Paragraph (1) shall take effect on

October 1 of the fiscal year beginning after the Administrator

promulgates the regulations required under subsection (d).

HASED

PPROACH TO

LIMINATING

ELF

-C

ERTIFICATION FOR

SDVOSB

.—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) R

ULEMAKING

.—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.

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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 ‘‘I

ENERAL

.—Except’’ and

inserting the following: ‘‘I

ENERAL

.—

‘‘(A) S

ELECTION

.—Except’’; and

(ii) by adding at the end the following new

subparagraph:

‘‘(B) D

ELEGATION 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) I

DENTIFICATION 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

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

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137 STAT. 350 PUBLIC LAW 118–31—DEC. 22, 2023

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) P

ILOT

ROGRAM FOR

OMBATANT

OMMAND

SE OF

EFENSE

CQUISITION

ORKFORCE

EVELOPMENT

CCOUNT

.—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) I

NDUSTRY

.—

(1) I

N 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) F

ORMAT

.—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.

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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

accessible internet website.

(3) C

OVERED 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.

ENIOR

LEVEL

NDUSTRY

DVISORY

ROUP

.—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) D

EPARTMENT OF

EFENSE

OINTS OF

ONTACT FOR

OREIGN

ILITARY

ALES

.—

(1) I

N 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) P

OINTS 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) T

ERMINATION

.—The responsibilities of each individual

designated under paragraph (1) shall terminate on the date

specified in subsection (f).

(e) R

EGIONAL

HEATER

EEDS FOR

XPORTABILITY

.—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) T

ERMINATION

.—The requirements of and the authority under

this section shall cease to have effect on December 31, 2028.

List.

Definition.

Web posting.

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137 STAT. 352 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 874. PILOT PROGRAM TO INCENTIVIZE PROGRESS PAYMENTS.

(a) P

ILOT

ROGRAM

.—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) I

NCENTIVE

RITERIA

.—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.

PPLICABILITY

.—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) P

ARTICIPATION

OLUNTARY

.—Participation in the pilot pro-

gram established under subsection (a) shall be on a voluntary

basis.

(e) N

OTICE AND

OMMENT

.—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) R

EPORT

.—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) D

EFINITIONS

.—In this section:

(1) C

OVERED 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) C

USTOMARY 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) U

NDER SECRETARY

.—The term ‘‘Under Secretary’’ means

the Under Secretary for Acquisition and Sustainment.

(h) S

UNSET

.—

(1) I

N 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) E

XISTING 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.

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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) I

ENERAL

.—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) R

EPORT

.—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.

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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) R

EMOVAL OF

EFERENCES TO

HIEF

ANAGEMENT

FFICER

ROVISIONS OF

ELATING TO

RECEDENCE

.—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) A

SSIGNMENT OF

ERIODIC

EVIEW OF

EFENSE

GENCIES

AND

DOD F

IELD

CTIVITIES TO

ECRETARY OF

EFENSE

.—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’’.

SSIGNMENT OF

ESPONSIBILITY FOR

INANCIAL

MPROVE

MENT AND

UDIT

EMEDIATION TO

NDER

ECRETARY OF

EFENSE

OMPTROLLER

).—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) R

EMOVAL OF

HIEF

ANAGEMENT

FFICER AS

ECIPIENT

EPORTS OF

UDITS BY

XTERNAL

UDITORS

.—Section

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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) C

ONFORMING

MENDMENTS TO

ROVISIONS OF

ELATED

REEDOM OF

NFORMATION

XEMPTIONS

.—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

(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

(i) by striking ‘‘, or the Secretary’s designee,’’; and

(ii) by striking ‘‘, through the Office of the Director

of Administration and Management’’.

(f) A

SSIGNMENT OF

ESPONSIBILITY FOR

NNUAL

EVIEW OF

GENCY

NFORMATION

ECHNOLOGY

ORTFOLIO TO THE

HIEF

NFORMATION

FFICER

.—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) R

EMOVAL OF

HIEF

ANAGEMENT

FFICER AS

EQUIRED

OORDINATOR ON

EFENSE

ESALE

ATTERS

.—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) I

ENERAL

.—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) P

ROGRAM

VALUATION

OMPETITIVE

NALYSIS

ELL

.—

Deadlines.

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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) I

NCLUSION OF

ISK

STIMATES IN

ERTAIN

UBMISSIONS

.—

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) A

NNUAL

EPORTS

.—

‘‘(1) I

N 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.

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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) F

ORM

.—Each report required by paragraph (1) shall

be submitted in classified form, but shall include an unclassified

summary.

‘‘(3) B

RIEFINGS

.—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) Q

UARTERLY

RIEFINGS

.—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) P

ILOT

ROGRAM ON

LTERNATIVE

NALYSIS

.—

(1) I

N 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) S

TRUCTURE

.—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.

(3) R

EQUIREMENTS

.—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) T

ERMINATION

.—The pilot program shall terminate on

September 30, 2028.

STABLISHMENT OF

NALYSIS

ORKING

ROUP

.—

(1) I

N 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) P

ERSONNEL

.—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) M

EMBERSHIP

.—

Establishment.

Time periods.

10 USC 139a

note.

Classified

information.

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137 STAT. 358 PUBLIC LAW 118–31—DEC. 22, 2023

(A) R

EGULAR 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) O

BSERVERS

.—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) D

UTIES

.—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;

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) R

ULE OF

ONSTRUCTION

.—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) E

STABLISHMENT OF

FFICE

.—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) E

STABLISHMENT

.—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) D

IRECTOR

.—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.

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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) D

UTIES

.—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) N

-F

EDERAL

UNDING

EQUIREMENTS FOR

ERTAIN

NVESTMENTS

.—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) D

EFINITIONS

.—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.

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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) P

ILOT

ROGRAM ON

APITAL

SSISTANCE TO

UPPORT

EFENSE

NVESTMENT IN THE

NDUSTRIAL

ASE

.—

(1) C

APITAL 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) E

LIGIBILITY AND APPLICATION PROCESS

.—

(A) I

N 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) S

ELECTION 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) C

APITAL ASSISTANCE

.—

(A) L

OANS AND LOAN GUARANTEES

.—

Criteria.

10 USC 4811

note.

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137 STAT. 361 PUBLIC LAW 118–31—DEC. 22, 2023

(i) I

N 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) A

DMINISTRATION OF LOANS

.—

(I) I

NTEREST RATE

.—

(aa) I

N 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) E

XCEPTION

.—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) C

RITERIA

.—The Director shall estab-

lish separate and distinct criteria for interest

rates for loan guarantees with private sector

lending institutions.

(II) F

INAL 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) P

REPAYMENT

.—A loan provided under

clause (i) may be paid earlier than is provided

for under the loan agreement without a penalty.

(IV) N

ONSUBORDINATION

.—

(aa) I

N 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) E

XCEPTION

.—The Director may waive

the requirement under item (aa) with respect

to the investment in order to mitigate risks

to loan repayment.

(V) S

ALE 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) L

OAN 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) I

NVESTMENT

GRADE RATING

.—The

Director shall establish a credit rating system to

ensure a reasonable reassurance of repayment.

Waiver authority.

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137 STAT. 362 PUBLIC LAW 118–31—DEC. 22, 2023

The system may include use of existing credit

rating agencies where appropriate.

(VIII) T

ERMS 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) A

PPLICABILITY 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) T

ECHNICAL 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.

ERMS AND CONDITIONS

.—

(i) A

MOUNT 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) U

SE OF UNITED STATES DOLLARS

.—All financial

transactions conducted under this section shall be con-

ducted in United States dollars.

(4) N

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) E

STABLISHMENT OF ACCOUNTS

.—

(A) C

REDIT PROGRAM ACCOUNT

.—

(i) E

STABLISHMENT

.—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) F

UNDING

.—The Credit Program Account shall

consist of amounts appropriated pursuant to the

authorization of appropriations.

(B) U

SE 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

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137 STAT. 363 PUBLIC LAW 118–31—DEC. 22, 2023

(iv) the cost of providing support authorized by

this subsection.

(6) R

EGULATIONS

.—The Secretary of Defense may prescribe

such regulations as the Secretary determines to be appropriate

to carry out this subsection.

(7) A

NNUAL 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) N

OTIFICATION 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) S

UNSET

.—The authorities provided under this sub-

section shall expire on October 1, 2028.

(10) D

EFINITIONS

.—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)).

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) I

ENERAL

.—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) R

OLES AND

ESPONSIBILITIES

.—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.

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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

of the Armed Forces and combat support agencies.

NITIAL

RIORITIZATION

.—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) B

RIEFINGS

EQUIRED

.—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.

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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) C

ODIFICATION OF

EFENSE

NNOVATION

NIT

.—

(1) I

N 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) E

STABLISHMENT

.—There is established in the Department

of Defense a Defense Innovation Unit (referred to in this section

as the ‘Unit’).

‘‘(b) D

IRECTOR AND

EPUTY

IRECTOR

.—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) A

UTHORITY OF

IRECTOR

.—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) R

ESPONSIBILITIES

.—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.

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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) S

UPPORT FOR

ULTI

STAKEHOLDER

ARTNERSHIPS

.—

‘‘(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

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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) D

EFINITIONS

.—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) M

ODIFICATION 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) M

ODIFICATION 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.

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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) C

ONFORMING 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) E

FFECTIVE

ATE AND

MPLEMENTATION

.—

(1) E

FFECTIVE DATE

.—The amendments made by subsection

(a) shall take effect 180 days after the date of the enactment

of this Act.

(2) I

MPLEMENTATION

.—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).

ANPOWER

UFFICIENCY

VALUATION

.—

(1) E

VALUATION

.—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) R

EPORT

.—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.

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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.

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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) I

NITIATIVE

EQUIRED

.—

(1) I

N 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) O

BJECTIVES

.—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;

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) M

ETHOD 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

the approaches described in subparagraphs (A) and (B).

(b) M

ETRICS

.—

(1) I

N 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) E

LEMENTS

.—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

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.

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137 STAT. 371 PUBLIC LAW 118–31—DEC. 22, 2023

(3) B

RIEFING 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).

ESIGNATION OF

OINTS OF

ONTACT

.—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) R

EPORT

EQUIRED

.—

(1) I

N 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).

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.

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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) O

RGANIZATIONS SPECIFIED

.—The organizations specified

in this paragraph are—

(A) the Defense Technology Security Administration;

(B) the Low Observable/Counter Low Observable Tri-

Service Committee;

(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) M

ETRICS

EQUIRED

.—

(1) I

N 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) D

EADLINE

.—The Secretary of Defense shall develop and

implement an initial set of metrics under paragraph (1) by

not later than April 30, 2025.

(b) L

EADER

ERFORMANCE

SSESSMENTS

.—

(1) I

N 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) B

RIEFING 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.

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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.

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) M

ETRICS

EQUIRED

.—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) E

LEMENTS

.—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.

DDITIONAL

UPPORT

.—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) I

ENERAL

.—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.

Revision.

Assessment.

Recommenda-

tions.

Determination.

10 USC 2222

note.

Evaluation.

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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) E

LEMENTS

.—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.

NTERIM

RIEFING

.—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) F

INAL

EPORT

.—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) F

ORCE

ESIGN

EQUIRED

.—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) E

LEMENTS

.—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.

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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.

NFORMATION TO

ONGRESS

.—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) S

TUDY

EQUIRED

.—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) E

LEMENTS

.—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.

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).

NTERIM

RIEFING

.—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) F

INAL

EPORT

.—

(1) I

N 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) F

ORM OF REPORT

.—The report required under paragraph

(1) shall be submitted in unclassified form, but may include

a classified annex.

(e) C

OVERED

PACE

UNCTIONS OF THE

ATIONAL

UARD

EFINED

.—In this section, the term ‘‘covered space functions of

Deadline.

Assessment.

Recommenda-

tions.

Analyses.

Assessment.

Briefing.

Summary.

Deadline.

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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.

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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) A

UTHORITY TO

RANSFER

UTHORIZATIONS

.—

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137 STAT. 378 PUBLIC LAW 118–31—DEC. 22, 2023

(1) A

UTHORITY

.—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) L

IMITATION

.—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) E

XCEPTION 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) L

IMITATIONS

.—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.

FFECT ON

UTHORIZATION

MOUNTS

.—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) N

OTICE TO

ONGRESS

.—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) I

ENERAL

.—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) E

LEMENTS

.—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.

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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) F

ORM

.—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) I

ENERAL

.—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) E

XCEPTIONS

.—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.

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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) D

EVELOPMENT OF

TRATEGY TO

OUNTER

ENTANYL

RAF

FICKING

.—

(1) S

TRATEGY

.—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) C

ONTENTS

.—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;

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.

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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) F

ORM

.—The strategy required by paragraph (1) shall

be submitted in unclassified form, but may include a classified

annex.

(4) B

RIEFING

.—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) C

OOPERATION

ITH

EXICO

.—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.

EFINITION OF

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—

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.

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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) A

SSISTANCE

UTHORIZED

.—(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.

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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;

‘‘(ii) employee, or potential employee, skills and

enhanced productivity related to United States Navy ship

repair or alterations.

‘‘(b) E

LIGIBILITY

.—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;

Contracts.

Submission.

Determination.

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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) G

UIDELINES

.—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) D

EFINITIONS

.—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 ‘‘A

MPHIBIOUS

ARFARE

HIPS

’’ and inserting ‘‘R

ESPONSIBILITIES OF

MANDANT OF

ARINE

ORPS

’’; and

(2) by inserting before the period at the end the following:

‘‘and for naval vessels with the primary mission of transporting

Marines’’.

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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) I

ENERAL

.—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) A

VAILABILITY OF

UNDS

.—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) I

ENERAL

.—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) A

VAILABILITY OF

UNDS

.—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.

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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) I

ENERAL

.—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) E

LEMENTS

.—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;

(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.

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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) O

FFICE OF THE

HAIRMAN OF THE

OINT

HIEFS OF

TAFF

.—

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) O

FFICE OF THE

ECRETARY OF

EFENSE

.—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.

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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.

RIEFING

EQUIREMENT

.—Section 153 of title 10, United

States Code, is amended by adding at the end the following new

subsection:

‘‘(d) B

RIEFING

EQUIREMENT

.—(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) M

ODIFICATION OF

SSISTANCE

.—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 ‘‘L

IMITATION

’’

and inserting ‘‘L

IMITATIONS

’’;

(B) by striking ‘‘The’’ and inserting ‘‘(1) Except as pro-

vided in paragraph (2), the’’;

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.

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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) A

NNUAL

EPORT

.—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) B

RIEFING

.—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) I

MPLEMENTATION OF

IENNA

OCUMENT

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) L

IMITATION ON

ROVISION OF

UNDS TO

NSTITUTIONS OF

IGHER

DUCATION

.—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) C

ONFUCIUS 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) P

ROHIBITION OF

UNDS FOR

HINESE

ANGUAGE

NSTRUC

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) C

ONFUCIUS 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.

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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) T

ERMINATION 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) W

AIVER BY

ECRETARY OF

EFENSE

.—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) W

AIVER

.—

‘‘(A) I

N 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) F

UNCTIONAL EQUIVALENCE

.—

‘‘(i) D

EFINITION

.—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) A

SSESSMENT

.—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.

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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) N

OTIFICATION 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) T

YPE OF

CCESS

OVERED

.—Subsections (a) through (c)

of such section 1090 are further amended by striking ‘‘physical

access’’ each place it appears and inserting ‘‘unescorted physical

access’’.

EFINITIONS

.—

(1) C

OVERED 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) I

MMEDIATE 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

graph:

‘‘(B) has attained the age of 16 years old at the time

that unescorted physical access is to begin.’’.

(3) F

OREIGN 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

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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) C

LARIFYING

MENDMENT

.—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) R

EPORT

EQUIRED

.—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) E

LEMENTS

.—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.

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137 STAT. 393 PUBLIC LAW 118–31—DEC. 22, 2023

IMITATION ON

SE OF

UNDS

.—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) E

STABLISHMENT

.—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) D

ETERMINATIONS

.—A determination under regulations pre-

scribed under subsection (a) shall be made—

(1) by—

(A) the Secretary of the military department concerned;

(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.

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137 STAT. 394 PUBLIC LAW 118–31—DEC. 22, 2023

OVERED

OMPLAINT OR

EQUEST

EFINED

.—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;

SEC. 1050. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUC-

TION OF LANDMINES.

(a) L

IMITATION

.—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) E

XCEPTION FOR

AFETY

.—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.

EPORT

EQUIRED

.—

(1) I

N 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.

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.

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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) F

ORM OF REPORT

.—The report required by paragraph

(1) shall be submitted in unclassified form, but may include

a classified annex.

(d) B

RIEFING

EQUIRED

.—

(1) I

N 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) F

ORM OF BRIEFING

.—The briefing required by paragraph

(1) may contain classified information.

(e) A

NTI

PERSONNEL

ANDMINE

UNITIONS

EFINED

.—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) P

ROHIBITION

.—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) E

XCLUSIONS

.—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.

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137 STAT. 396 PUBLIC LAW 118–31—DEC. 22, 2023

ULE OF

ONSTRUCTION

.—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) D

EFINITIONS

.—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.

(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.

(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’’;

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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) I

ENERAL

.—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) D

EFERMENT FOR DISLOCATED MILITARY SPOUSES

.—

‘‘(A) D

URATION 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) E

LIGIBILITY

.—A borrower of a loan made under

this part shall be eligible for a deferment under subpara-

graph (A) if the borrower—

Analyses.

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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) D

OCUMENTATION AND APPROVAL

.—

‘‘(i) I

N 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);

‘‘(II) such other documentation as the Sec-

retary determines appropriate.

‘‘(ii) D

OCUMENTATION

.—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) E

FFECTIVE

ATE

.—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) C

ONSOLIDATED

UDGET

UARTERLY

EPORT ON

SE OF

UNDS

.—Section 381(b) of title 10, United States Code, is

amended—

(1) in the subsection heading, by striking ‘‘Q

UARTERLY

EPORT

’’ and inserting ‘‘S

EMIANNUAL

EPORT

’’;

(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) N

ATIONAL

ECURITY

TRATEGY FOR THE

ATIONAL

ECH

NOLOGY AND

NDUSTRIAL

ASE

.—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.

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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.’’.

ATIONAL

ECHNOLOGY AND

NDUSTRIAL

ASE

EPORT AND

UARTERLY

RIEFING

.—

(1) I

N 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) A

NNUAL

EPORT

.—’’;

‘‘March 1 of each odd-numbered year’’; and

(D) by striking subsection (b).

(2) C

LERICAL 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) C

ONFORMING 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) A

NNUAL

ILITARY

YBERSPACE

PERATIONS

EPORT

.—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) E

XTENSION AND

ODIFICATION OF

UTHORITY TO

ROVIDE

SSISTANCE TO THE

ETTED

YRIAN

PPOSITION

.—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 ‘‘Q

UARTERLY

’’

and inserting ‘‘S

EMIANNUAL

’’; 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) T

HEFT

, L

OSS

ELEASE OF

IOLOGICAL

ELECT

GENTS

OXINS

NVOLVING

EPARTMENT OF

EFENSE

.—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.

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137 STAT. 400 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(a) N

OTIFICATION

.—(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) A

UDIT OF

EPARTMENT OF

EFENSE

INANCIAL

TATE

MENTS

.—Section 240a of title 10, United States Code, is amended—

(1) by striking ‘‘(

) A

NNUAL

UDIT

EQUIRED

.—’’; and

(2) by striking subsection (b).

(h) F

INANCIAL

MPROVEMENT AND

UDIT

EMEDIATION

LAN

.—

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

(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) A

NNUAL

EPORTS ON

UNDING

.—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.

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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) I

ENERAL

.—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) A

UTHORITY TO

NTER

NTO

GREEMENTS

.—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) P

LAN

EQUIRED

.— 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) R

EPORT

.—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.

IMITATION

.—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.

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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) D

EFINITION OF

ROFICIENT

.—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) S

TUDY

EQUIRED

.—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) E

LEMENTS

.—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.

ESULTS

.—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) S

UBMITTAL TO

ONGRESS

.—

(1) I

N 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) F

ORM

.—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) I

ENERAL

.—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) B

RIEFING

EQUIREMENT

.—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.

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137 STAT. 403 PUBLIC LAW 118–31—DEC. 22, 2023

LEMENTS

.—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;

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;

(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.

Assessments.

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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) E

FFECT ON

THER

EQUIREMENTS

.—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) S

TUDY

.—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) R

EPORT

.—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.

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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) P

LAN

.—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) E

LEMENTS OF

LAN

.—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.

RIEFING

.—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) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—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) I

ENERAL

.—The Secretary of Defense shall update the

strategic plan for the combating trafficking in persons program

of the Department of Defense.

(b) E

LEMENTS OF

LAN

.—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.

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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.

RIEFING

.—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) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—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) S

TUDY

EQUIRED

.—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) E

LEMENTS

.—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.

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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;

gated by active and reserve components; and

(D) the percentage of days deployed, aggregated by

active and reserve components.

EPORT

.—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) R

EPORT

EQUIRED

.—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) E

LEMENTS

.—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) I

ENERAL

.—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) C

ONTENTS

.—

(1) F

IRST BRIEFING

.—The first briefing required by sub-

section (a) shall include each of the following:

Deadline.

Time period.

Plan.

Contracts.

Evaluation.

Time periods.

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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.

nation of the reasons for the lack of completion and a

timeline for completion.

(2) A

LL 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.

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) I

ENERAL

.—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) E

LEMENTS

.—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.

ORM OF

EPORT

.—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) A

SSESSMENT

EQUIRED

.—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.

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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) C

ONTENTS

.—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

(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;

(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

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.

Evaluation.

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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.

NITIAL

EPORT

.—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) S

UBSEQUENT

NNUAL

EPORTS

.—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) C

OVERED

RMED

ORCE

EFINED

.—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) R

EPORT

.—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) N

OTIFICATION

EQUIRED

.—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.

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137 STAT. 411 PUBLIC LAW 118–31—DEC. 22, 2023

ONTENTS OF

OTIFICATION

.—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) E

XCEPTION

.—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) D

EFINITIONS

.—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

of the organization.

SEC. 1076. COMPREHENSIVE ASSESSMENT OF MARINE CORPS FORCE

DESIGN 2030.

(a) I

ENERAL

.—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) E

LEMENTS

.—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.

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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.

(D) Fires.

Inventory.

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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;

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.

LASSIFICATION OF

EPORT

.—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) A

SSESSMENT

.—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) E

LEMENTS

.—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.

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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.

EPORT

.—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) I

ENERAL

.—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) E

LEMENTS

.—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.

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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.

ORM

.—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) I

ENERAL

.—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) I

N 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) D

OMESTIC SOURCE FOR TITLE III

.—

‘‘(i) I

N 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) L

IMITATIONS ON USE OF BUSINESS CONCERNS

IN AUSTRALIA AND UNITED KINGDOM

.—

‘‘(I) I

N 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) N

ATIONAL 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.

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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) R

EPORTS ON

XERCISE OF

ITLE

III A

UTHORITIES

.—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) I

ENERAL

.—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) E

LEMENTS

.—

‘‘(1) I

N 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) A

DDITIONAL 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) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—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.

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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) C

OMPENSATION

.—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) C

OMPENSATION OF MEMBERS

.—

‘‘(A) N

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) F

EDERAL EMPLOYEES

.—

‘‘(i) I

N 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) R

ULE 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) T

RAVEL

UPPORT

.—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) P

ROVISION OF

RAVEL

UPPORT TO

ERTAIN

OMMIS

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.

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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) I

ENERAL

.—Section 21 of Senate Resolution 64 (113th

Congress), agreed to March 5, 2013, is amended by striking sub-

section (d).

(b) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect as though enacted on December 31, 2022.

SEC. 1084. TRIBAL LIAISONS AT MILITARY INSTALLATIONS.

(a) T

RIBAL

IAISONS AT

ILITARY

NSTALLATIONS

.—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) T

RIBAL

NTEREST

.—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.

EFINITIONS

.—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) I

ENERAL

.—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) B

RIEFING

.—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.

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137 STAT. 419 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1086. GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS

BY NATIONAL GUARD.

(a) U

PDATED

UIDANCE

EQUIRED

.—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) B

RIEFING

.—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.

OVERED

CTIVITIES

EFINED

.—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) I

MPLEMENTATION

LAN

EQUIRED

.—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) E

LEMENTS

.—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

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.

Deadlines.

32 USC 901 note.

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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.

RIEFING

.—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) I

ENERAL

.—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) C

ONTENT

.—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) C

ONDUCT OF

ECONNAISSANCE

.—

(1) I

N 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) A

CTIVITIES

.—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.

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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;

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) R

EPORTS

.—

(1) A

IR FORCE

.—

(A) I

N 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.

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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) A

PPROPRIATE 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) C

OMMERCE

.—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

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.

RANSFER OF

UNDS

.—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.

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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) I

ENERAL

.—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) R

ULE OF

ONSTRUCTION

.—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) I

ENERAL

.—

(1) R

EVIEW

.—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

Secretary determines to be appropriate.

(2) R

EPORT

.—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;

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) C

ONSULTATION

.—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) R

ILL

PIDEMIOLOGICAL

EALTH

UTCOMES

TUDY

.—

(1) C

ONTRACTS

.—The Secretary may contract with inde-

pendent research institutes or consultants, nonprofit or public

Deadlines.

Summary.

Analyses.

Data.

Strategies.

Time period.

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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) F

EASIBILITY 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;

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) N

OTIFICATIONS

;

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.

EFINITIONS

.—In this section:

Determination.

Data.

Strategy.

Determination.

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137 STAT. 425 PUBLIC LAW 118–31—DEC. 22, 2023

(1) A

PPROPRIATE 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;

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) I

MPACTED 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) R

ED 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.

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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) I

ENERAL

.—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) C

OVERED

UTIES

.—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.

PPLICABILITY TO

URRENT

MPLOYEES

.—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) A

LLOWANCE

.—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) C

OVERED

MPLOYEE

EFINED

.—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.

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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 ‘‘C

ALENDAR

EAR

’’ and inserting ‘‘F

ISCAL

EAR

’’;

(B) in the matter preceding paragraph (1), by striking

‘‘calendar year’’ and inserting ‘‘fiscal year’’;

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.

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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) I

ENERAL

.—

(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) O

FFICE 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) I

NTERIM

RIEFING AND

EPORT

.—

(1) I

NTERIM BRIEFING

.—Not later than April 1, 2024, the

Secretary of Defense shall provide to the congressional defense

Determination.

Applicability.

Time period.

136 Stat. 2816.

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137 STAT. 429 PUBLIC LAW 118–31—DEC. 22, 2023

committees an interim briefing on the assessments under sub-

section (a).

(2) F

INAL 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.

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) D

EFINITIONS

.—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) A

PPOINTMENT OF

ILITARY

POUSES

.—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

‘‘(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

‘‘(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 S

TUDY AND

EPORT

.—

(1) D

EFINITIONS

.—In this subsection—

Recommenda-

tions.

Plan.

Analysis.

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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;

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) R

EQUIREMENT

.—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;

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) S

ELECTION OF

ARTICIPANTS

.—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) G

EOGRAPHICAL 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) A

PPOINTMENT AND

AREER

EVELOPMENT

.—Such section

is further amended—

(1) in subsection (d)(3)—

(A) by striking ‘‘assigned’’ and inserting ‘‘appointed’’;

and

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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) A

PPOINTMENT

.—

‘‘(1) I

N GENERAL

.—An individual who participates in the

fellows program shall be appointed into an excepted service

position in the Department.

‘‘(2) P

OSITION 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) A

PPOINTMENT 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) T

ERM

.—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) G

RADE

.—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) E

DUCATION 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) D

EPARTMENT 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) C

AREER

EVELOPMENT

.—

‘‘(1) I

N 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.

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137 STAT. 432 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) P

UBLICATION 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) T

ITLE

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) I

N 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) C

OVERED 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,

EPARTMENT OF

ETERANS

FFAIRS

.—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.

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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) E

XCEPTION

.—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) I

ENERAL

.—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) C

LERICAL

MENDMENT

.—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)’’;

and

(D) by inserting after paragraph (2) the following new

paragraph (3):

‘‘(3) A

DDITIONAL 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.

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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) I

ENERAL

.—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

‘‘(3) a spouse of an employee of the Department of Defense.’’.

(b) T

ECHNICAL AND

ONFORMING

MENDMENT

.—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.’’.

IMITATION AND

EPORTS

.—

(1) R

ELOCATING 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.

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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

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) N

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) S

UNSET

.—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.

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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 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.

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137 STAT. 437 PUBLIC LAW 118–31—DEC. 22, 2023

Sec. 1265. Extension of authority to support operations and activities of the Office

of Security Cooperation in Iraq.

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.

Subtitle A—Assistance and Training

SEC. 1201. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS FOR

IRREGULAR WARFARE.

(a) I

ENERAL

.—Chapter 3 of title 10, United States Code,

is amended by inserting after section 127c the following:

‘‘§ 127d. Support of special operations for irregular warfare

‘‘(a) A

UTHORITY

.—The Secretary of Defense may, with the

concurrence of the relevant Chief of Mission, expend up to

$20,000,000 during any fiscal year to provide support to foreign

forces, irregular forces, groups, or individuals engaged in supporting

or facilitating ongoing and authorized irregular warfare operations

by United States Special Operations Forces.

‘‘(b) F

UNDS

.—Funds for support under this section in a fiscal

year shall be derived from amounts authorized to be appropriated

for that fiscal year for the Department of Defense for operation

and maintenance.

‘‘(c) P

ROCEDURES

.—

‘‘(1) I

N GENERAL

.—The authority in this section shall be

exercised in accordance with such procedures as the Secretary

shall establish for purposes of this section.

‘‘(2) E

LEMENTS

.—The procedures required under paragraph

(1) shall establish, at a minimum, the following:

‘‘(A) Policy guidance for the execution of, and con-

straints within, activities under the authority in this sec-

tion.

‘‘(B) The processes through which activities under the

authority in this section are to be developed, validated,

and coordinated, as appropriate, with relevant entities of

the United States Government.

‘‘(C) The processes through which legal reviews and

determinations are made to comply with the authority in

this section and ensure that the exercise of such authority

is consistent with the national security of the United

States.

‘‘(D) The processes to ensure, to the extent practicable,

that before a decision to provide support is made, the

recipients of support do not pose a counterintelligence or

force protection threat and have not engaged in gross viola-

tions of human rights.

‘‘(E) The processes by which the Department shall keep

the congressional defense committees fully and currently

informed of—

‘‘(i) the requirements for the use of the authority

in this section; and

10 USC 127d.

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137 STAT. 438 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(ii) activities conducted under such authority.

‘‘(3) N

OTICE TO CONGRESS ON PROCEDURES AND MATERIAL

MODIFICATIONS

.—The Secretary shall notify the congressional

defense committees of the procedures established pursuant to

this section before any exercise of the authority in this section,

and shall notify such committee of any material modification

of the procedures.

‘‘(d) C

ONSTRUCTION OF

UTHORITY

.—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

(including as such term is defined in section 8(c) of the War

Powers Resolution ( 50 U.S.C. 1547(c))) into hostilities or into

situations wherein hostilities are clearly indicated by the cir-

cumstances.

‘‘(3) The provision of support to regular forces, irregular

forces, groups, or individuals for the conduct of operations

that United States Special Operations Forces are not otherwise

legally authorized to conduct themselves.

‘‘(4) The conduct or support of activities, directly or

indirectly, that are inconsistent with the laws of armed conflict.

‘‘(e) L

IMITATION ON

ELEGATION

.—The authority of the Sec-

retary to make funds available under this section for support of

a military operation may not be delegated.

‘‘(f) P

ROGRAMMATIC AND

OLICY

VERSIGHT

.—The Assistant

Secretary of Defense for Special Operations and Low-Intensity Con-

flict shall have primary programmatic and policy oversight within

the Office of the Secretary of Defense of support to irregular warfare

activities authorized by this section.

‘‘(g) N

OTIFICATION

.—

‘‘(1) I

N GENERAL

.—Not later than 15 days before exercising

the authority in this section to make funds available to initiate

support of an ongoing and authorized operation or changing

the scope or funding level of any support under this section

for such an operation by $500,000 or an amount equal to

10 percent of such funding level (whichever is less), the Sec-

retary shall notify the congressional defense committees of the

use of such authority with respect to such operation. Any such

notification shall be in writing.

‘‘(2) E

LEMENTS

.—A notification required by this subsection

shall include the following:

‘‘(A) The type of support to be provided to United

States Special Operations Forces, and a description of the

ongoing and authorized operation to be supported.

‘‘(B) A description of the foreign forces, irregular forces,

groups, or individuals engaged in supporting or facilitating

the ongoing and authorized operation that is to be the

recipient of funds.

‘‘(C) The type of support to be provided to the recipient

of the funds, and a description of the end-use monitoring

to be used in connection with the use of the funds.

‘‘(D) The amount obligated under the authority to pro-

vide support.

Deadline.

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137 STAT. 439 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(E) The duration for which the support is expected

to be provided, and an identification of the timeframe in

which the provision of support will be reviewed by the

commander of the applicable combatant command for a

determination with respect to the necessity of continuing

such support.

‘‘(F) The determination of the Secretary that the provi-

sion of support does not constitute any of the following:

‘‘(i) An introduction of United States Armed Forces

(including as such term is defined in section 8(c) of

the War Powers Resolution (50 U.S.C. 1547(c))) into

hostilities, or into situations where hostilities are

clearly indicated by the circumstances, without specific

statutory authorization within the meaning of section

5(b) of such Resolution (50 U.S.C. 1544(b)).

‘‘(ii) 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)).

‘‘(iii) An authorization for the provision of support

to regular forces, irregular forces, groups, or individ-

uals for the conduct of operations that United States

Special Operations Forces are not otherwise legally

authorized to conduct themselves.

‘‘(iv) The conduct or support of activities, directly

or indirectly, that are inconsistent with the laws of

armed conflict.

‘‘(h) N

OTIFICATION OF

USPENSION OR

ERMINATION OF

PORT

.—

‘‘(1) I

N GENERAL

.—Not later than 48 hours after suspending

or terminating support to any foreign force, irregular force,

group, or individual provided pursuant to the authority in

this section, the Secretary shall submit to the congressional

defense committees a written notice of such suspension or

termination.

‘‘(2) E

LEMENTS

.—The written notice required by paragraph

(1) shall include each of the following:

‘‘(A) A description of the reasons for the suspension

or termination of such support.

‘‘(B) A description of any effect on regional, theater,

or global campaign plan objectives anticipated to result

from such suspension or termination.

‘‘(C) A plan for such suspension or termination, and,

in the case of support that is planned to be transitioned

to any other program of the Department of Defense or

to a program of any other Federal department or agency,

a detailed description of the transition plan, including the

resources, equipment, capabilities, and personnel associ-

ated with such plan.

‘‘(i) B

IANNUAL

EPORTS

.—

‘‘(1) R

EPORT ON PRECEDING FISCAL YEAR

.—Not later than

120 days after the close of each fiscal year in which subsection

(a) is in effect, the Secretary shall submit to the congressional

defense committees a report on the support provided under

this section during the preceding fiscal year.

‘‘(2) R

EPORT ON CURRENT CALENDAR YEAR

.— Not later than

180 days after the submittal of each report required by para-

graph (1), the Secretary shall submit to the congressional

Plan.

Deadline.

Determination.

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137 STAT. 440 PUBLIC LAW 118–31—DEC. 22, 2023

defense committees a report on the support provided under

this section during the first half of the fiscal year in which

the report under this paragraph is submitted.

‘‘(3) E

LEMENTS

.—Each report required by this subsection

shall include the following:

‘‘(A) A summary of the ongoing irregular warfare oper-

ations, and associated authorized campaign plans, being

conducted by United States Special Operations Forces that

were supported or facilitated by foreign forces, irregular

forces, groups, or individuals for which support was pro-

vided under this section during the period covered by such

report.

‘‘(B) A description of the support or facilitation provided

by such foreign forces, irregular forces, groups, or individ-

uals to United States Special Operations Forces during

such period.

‘‘(C) The type of recipients that were provided support

under this section during such period, identified by author-

ized category (foreign forces, irregular forces, groups, or

individuals).

‘‘(D) A detailed description of the support provided

to the recipients under this section during such period.

‘‘(E) The total amount obligated for support under this

section during such period, including budget details.

‘‘(F) The intended duration of support provided under

this section during such period.

‘‘(G) An assessment of value of the support provided

under this section during such period, including a summary

of significant activities undertaken by foreign forces, irreg-

ular forces, groups, or individuals to support irregular war-

fare operations by United States Special Operations Forces.

‘‘(H) The total amount obligated for support under

this section in prior fiscal years.

‘‘(j) Q

UARTERLY

RIEFINGS

.—

‘‘(1) I

N GENERAL

.—Not less frequently than quarterly, the

Secretary shall provide to the congressional defense committees

a briefing on the use of the authority provided by this section,

and other matters relating to irregular warfare, with the pri-

mary purposes of—

‘‘(A) keeping the congressional defense committees fully

and currently informed of irregular warfare requirements

and activities, including emerging combatant commands

requirements; and

‘‘(B) consulting with the congressional defense commit-

tees regarding such matters.

‘‘(2) E

LEMENTS

.—Each briefing required by paragraph (1)

shall include the following:

‘‘(A) An update on irregular warfare activities within

each geographic combatant command and a description

of the manner in which such activities support the respec-

tive theater campaign plan and the National Defense

Strategy.

‘‘(B) An overview of relevant authorities and legal

issues, including limitations.

‘‘(C) An overview of irregular warfare-related inter-

agency activities and initiatives.

Update.

Overview.

Assessment.

Summary.

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137 STAT. 441 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(D) A description of emerging combatant command

requirements for the use of the authority provided by this

section.

‘‘(k) I

RREGULAR

ARFARE

EFINED

.—Subject to subsection (d),

in this section, the term ‘irregular warfare’ means Department

of Defense activities not involving armed conflict that support pre-

determined United States policy and military objectives conducted

by, with, and through regular forces, irregular forces, groups, and

individuals.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by inserting after the item relating

to section 127c the following new item:

‘‘127d. Support of special operations for irregular warfare.’’.

EPEAL

.—Section 1202 of the National Defense Authoriza-

tion Act for Fiscal Year 2018 is repealed.

SEC. 1202. MODIFICATION OF COMBATANT COMMANDER INITIATIVE

FUND.

(a) I

ENERAL

.—Section 166a of title 10, United States Code,

is amended—

(1) in subsection (b), by adding at the end the following:

‘‘(11) Incremental expenses (as such term is defined in

section 301(5) of this title) related to security cooperation pro-

grams and activities of the Department of Defense (as such

term is defined in section 301(7) of this title).’’; and

(2) in subsection (c)—

(A) in paragraph (2), by striking ‘‘and’’ at the end;

(B) in paragraph (3), by striking the period at the

end and inserting ‘‘; and’’; and

‘‘(4) incremental expenses related to security cooperation

programs and activities of the Department of Defense, as

authorized by subsection (b)(11), for United States Africa Com-

mand and United States Southern Command.’’.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are authorized

to be appropriated to the Combatant Commander Initiative Fund

for fiscal year 2024, as specified in section 4301 of this Act, to

carry out the activities authorized by paragraphs (7), (8), and (11)

(as added by subsection (a)(1)) of section 166a(b) of title 10, United

States Code, for United States Africa Command and United States

Southern Command.

SEC. 1203. INCREASE IN SMALL-SCALE CONSTRUCTION LIMIT AND

MODIFICATION OF AUTHORITY TO BUILD CAPACITY.

(a) D

EFINITION OF

MALL

SCALE

ONSTRUCTION

.—Section 301(8)

of title 10, United States Code, is amended by striking ‘‘$1,500,000’’

and inserting ‘‘$2,000,000’’.

(b) E

QUIPMENT

ISPOSITION

.—Section 333 of title 10, United

States Code, is amended by adding at the end the following:

‘‘(h) E

QUIPMENT

ISPOSITION

; N

OTICE AND

AIT

.—

‘‘(1) The Secretary of Defense may treat as stocks of the

Department of Defense—

‘‘(A) equipment procured to carry out a program pursu-

ant to subsection (a) that has not yet been transferred

to a foreign country and is no longer needed to support

such program or any other program carried out pursuant

to such subsection; and

131 Stat. 1639.

10 USC 121 prec.

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137 STAT. 442 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) equipment that has been transferred to a foreign

country to carry out a program pursuant to subsection

(a) and is returned by the foreign country to the United

States.

‘‘(2) N

OTICE AND WAIT

.—Not later than 15 days before

initiating activities under a program under subsection (a), the

Secretary of Defense shall submit to the appropriate committees

of Congress a written and electronic notice of the following:

‘‘(A) The foreign country, and specific unit, whose

capacity was intended to be built under the program, and

the amount, type, and purpose of the equipment that was

to be provided.

‘‘(B) An explanation why the equipment is no longer

needed to support such program or another program carried

out pursuant to such subsection.’’.

NTERNATIONAL

GREEMENTS

.—Such section is further

amended by adding at the end the following:

‘‘(i) I

NTERNATIONAL

GREEMENTS

.—

‘‘(1) I

N GENERAL

.—The Secretary of Defense, with the

concurrence of the Secretary of State, may—

‘‘(A) allow a foreign country to provide sole-source direc-

tion for assistance in support of a program carried out

pursuant to subsection (a); and

‘‘(B) enter into an agreement with a foreign country

to provide such sole-source direction.

‘‘(2) N

OTIFICATION

.—Not later than 72 hours after the Sec-

retary of Defense enters into an agreement under paragraph

(1), the Secretary shall submit to the congressional defense

committees a written notification that includes the following:

‘‘(A) A description of the parameters of the agreement,

including types of support, objectives, and duration of sup-

port and cooperation under the agreement.

‘‘(B) A description and justification of any anticipated

use of sole-source direction pursuant to such agreement.

‘‘(C) An assessment of the extent to which the equip-

ment to be provided under the agreement—

‘‘(i) responds to the needs of the foreign country;

and

‘‘(ii) can be sustained by the foreign country.

‘‘(D) A determination as to whether the anticipated

costs to be incurred under the agreement are fair and

reasonable.

‘‘(E) A certification that the agreement is in the

national security interests of the United States.

‘‘(F) Any other matter relating to the agreement, as

determined by the Secretary of Defense.’’.

SEC. 1204. MODIFICATIONS TO SECURITY COOPERATION WORKFORCE

DEVELOPMENT PROGRAM AND ESTABLISHMENT OF

DEFENSE SECURITY COOPERATION UNIVERSITY.

(a) M

ODIFICATIONS TO

ROGRAM

.—Section 384 of title 10,

United States Code, is amended—

(1) by amending subsection (c) to read as follows:

‘‘(c) E

LEMENTS

.—The Program shall consist of elements relating

to the development and management of the security cooperation

workforce for the purposes specified in subsection (b), including

the following elements on training, certification, assignment, career

Certification.

Determination.

Assessment.

Deadline.

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137 STAT. 443 PUBLIC LAW 118–31—DEC. 22, 2023

development, and tracking of personnel of the security cooperation

workforce:

‘‘(1) Establishment of a comprehensive system to track

and account for all Department of Defense personnel in the

security cooperation workforce, using systems of record in the

military departments, the Office of the Secretary of Defense,

the combatant commands, Defense Agencies, Department of

Defense Field Activities, and the National Guard.

‘‘(2) Establishment of a management information system,

pursuant to regulations prescribed by the Secretary of Defense,

acting through the Under Secretary of Defense for Policy and

the Director of the Defense Security Cooperation Agency, to

ensure that all organizations and elements of the Department

provide standardized information and data to the Secretary

on persons serving in security cooperation positions. Such

management information system shall, at a minimum, provide

for the collection and retention of information concerning the

qualification, assignments, and tenure of persons in the security

cooperation workforce.

‘‘(3) Implementation and management of the security

cooperation human capital initiative under subsection (e).

‘‘(4) Establishment of a defense security cooperation service,

pursuant to regulations prescribed by the Secretary of Defense,

acting through the Under Secretary of Defense for Policy and

the Director of the Defense Security Cooperation Agency, to

ensure that security cooperation organizations of the United

States located at overseas missions possess the requisite per-

sonnel, and that such personnel possess the skills needed,

to properly perform their missions, which shall include—

‘‘(A) members of the armed forces and civilians

assigned to security cooperation organizations of United

States missions overseas who are performing security

cooperation functions, regardless of funding source; and

‘‘(B) personnel of the Department of Defense per-

forming functions in furtherance of section 515 of the For-

eign Assistance Act of 1961 (22 U.S.C. 2321i).

‘‘(5) Such other elements as the Secretary of Defense deter-

mines appropriate.’’;

(2) by amending subsection (d) to read as follows:

‘‘(d) M

ANAGEMENT

.—

‘‘(1) I

N GENERAL

.—The Program shall be managed by the

Director of the Defense Security Cooperation Agency.

‘‘(2) M

ANAGING ENTITY

.—

‘‘(A) D

ESIGNATION

.—The Secretary of Defense, acting

through the Under Secretary of Defense for Policy and

the Director of the Defense Security Cooperation Agency,

shall designate the Defense Security Cooperation Univer-

sity to serve as the lead entity for managing the

implementation of the Program.

‘‘(B) D

UTIES

.—The Defense Security Cooperation

University shall carry out the management and

implementation of the Program, consistent with objectives

formulated by the Secretary of Defense, which shall include

the following:

‘‘(i) Providing for comprehensive tracking of and

accounting for all Department of Defense employees

engaged in the security cooperation enterprise.

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137 STAT. 444 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(ii) Providing training requirements specified at

the requisite proficiency levels for each position.

‘‘(C) R

EPORTING

.—The Secretary of Defense shall

ensure that, not less frequently than semi-annually, each

military department, the Office of the Secretary of Defense,

and each combatant command, Defense Agency, Depart-

ment of Defense Field Activity, and unit of the National

Guard submits to the Defense Security Cooperation Univer-

sity a formal manpower document as determined by the

Director of the Defense Security Cooperation Agency that—

‘‘(i) lists each position in the security cooperation

workforce of the organization concerned as determined

by the Director of the Defense Security Cooperation

Agency; and

‘‘(ii) uniquely codes every position within compo-

nent manpower systems for the security cooperation

workforce for the management and career development

of the security cooperation workforce, as determined

by the Director of the Defense Security Cooperation

Agency.

‘‘(3) S

ECURITY COOPERATION WORKFORCE MANAGEMENT

INFORMATION SYSTEM

.—The Secretary of Defense, acting

through the Director of the Defense Security Cooperation

Agency, shall prescribe regulations to ensure that each military

department, the Office of the Secretary of Defense, and each

combatant command, Defense Agency, Department of Defense

Field Activity, and unit of the National Guard provides

standardized information and data to the Secretary on persons

serving in positions within the security cooperation workforce.’’;

(3) by amending subsection (e) to read as follows:

‘‘(e) S

ECURITY

OOPERATION

UMAN

APITAL

NITIATIVE

.—

‘‘(1) I

N GENERAL

.—The Secretary shall implement a security

cooperation human capital initiative within the Defense Secu-

rity Cooperation University to identify, account for, and manage

the career progression of personnel in the security cooperation

workforce.

‘‘(2) E

LEMENTS

.—The security cooperation human capital

initiative shall do the following:

‘‘(A) Provide direction to the Department of Defense

on the establishment of professional career paths for the

personnel of the security cooperation workforce, addressing

training and education standards, promotion opportunities

and requirements, retention policies, and scope of workforce

demands.

‘‘(B) Provide for a mechanism to identify and define

training and certification requirements for security coopera-

tion positions in the Department and a means to track

workforce skills and certifications.

‘‘(C) Provide for a mechanism to establish a program

of professional certification in Department of Defense secu-

rity cooperation for personnel of the security cooperation

workforce in different career tracks and levels of com-

petency based on requisite training and experience.

‘‘(D) Establish requirements for training and profes-

sional development associated with each level of certifi-

cation provided for under subparagraph (C).

Requirements.

Regulations.

List.

Determination.

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137 STAT. 445 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(E) Provide for a mechanism for assigning appro-

priately certified personnel of the security cooperation

workforce to assignments associated with key positions in

connection with security cooperation programs and activi-

ties.

‘‘(F) Identify the appropriate composition of career and

temporary personnel necessary to constitute the security

cooperation workforce.

‘‘(G) Identify specific positions throughout the security

cooperation workforce to be managed and assigned through

the Program.

‘‘(H) Identify career paths that provide a competency-

based road map for security cooperation employees to aid

in their career planning and professional development.

‘‘(I) Develop a competency-based approach to the secu-

rity cooperation workforce that enables components of the

Department of Defense to incorporate competencies in

recruitment and retention tools such as job analysis, posi-

tion descriptions, vacancy announcements, selection assess-

ment questionnaires, and employee training and develop-

ment plans.

‘‘(J) Align with the Department of Defense and Defense

Security Cooperation Agency strategic planning, budget

process, performance management goals, and metrics to

ensure the appropriate workforce mix and skill sets to

accomplish the security cooperation mission.

‘‘(K) Include assessment measures intended to assess

progress in implementing the security cooperation

workforce using results-oriented performance measures.’’;

(4) in subsection (h)(6), by striking ‘‘guidance issued under

subsection (e)’’ and inserting ‘‘security cooperation human cap-

ital initiative under subsection (e)’’;

(5) by redesignating subsections (f) through (h) (as

amended) as subsections (h) through (j), respectively;

(6) by inserting after subsection (e) the following new sub-

sections:

‘‘(f) F

OREIGN

ILITARY

ALES

ENTER OF

XCELLENCE

.—

‘‘(1) E

STABLISHMENT

.—The Secretary of Defense shall direct

an educational institution of the Department of Defense with

the requisite expertise in foreign military sales and in edu-

cation, training, research, and analysis of the security coopera-

tion workforce within the Department of Defense to serve as

a Foreign Military Sales Center of Excellence to improve the

training and education of personnel engaged in foreign military

sales planning and execution.

‘‘(2) O

BJECTIVES

.—The objectives of the Foreign Military

Sales Center of Excellence shall include—

‘‘(A) conducting research on and promoting best prac-

tices for ensuring that foreign military sales are timely

and effective; and

‘‘(B) enhancing existing curricula for the purpose of

ensuring that the foreign military sales workforce is fully

trained and prepared to execute the foreign military sales

program.

‘‘(g) D

EFENSE

ECURITY

OOPERATION

NIVERSITY

.—

Assessment.

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137 STAT. 446 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) C

HARTER

.—The Secretary of Defense shall develop and

promulgate a charter for the operation of the Defense Security

Cooperation University.

‘‘(2) M

ISSION

.—The charter required by paragraph (1) shall

set forth the mission, and associated structures and organiza-

tions, of the Defense Security Cooperation University, which

shall include—

‘‘(A) management and implementation of international

military training and education security cooperation pro-

grams and authorities executed by the Department of

Defense;

‘‘(B) management and provision of institutional

capacity-building services executed by the Department of

Defense; and

‘‘(C) advancement of the profession of security coopera-

tion through research, data collection, analysis, publication,

and learning.

‘‘(3) C

OOPERATIVE RESEARCH AND DEVELOPMENT ARRANGE

MENTS

.—

‘‘(A) I

N GENERAL

.—In engaging in research and

development projects pursuant to subsection (a) of section

4001 of this title by a contract, cooperative agreement,

or grant pursuant to subsection (b)(1) of such section, the

Secretary of Defense may enter into such contract or

cooperative agreement, or award such grant, through the

Defense Security Cooperation University.

‘‘(B) T

REATMENT AS GOVERNMENT

OPERATED FEDERAL

LABORATORY

.—The Defense Security Cooperation Univer-

sity shall be considered a Government-operated Federal

laboratory for purposes of section 12 of the Stevenson-

Wydler Technology Innovation Act of 1980 (15 U.S.C.

3710a).

‘‘(4) A

CCEPTANCE OF RESEARCH GRANTS

.—

‘‘(A) I

N GENERAL

.—The Secretary of Defense, through

the Under Secretary of Defense for Policy, may authorize

the President of the Defense Security Cooperation Univer-

sity to accept qualifying research grants. Any such grant

may only be accepted if the work under the grant is to

be carried out by a professor or instructor of the Defense

Security Cooperation University for a scientific, literary,

or educational purpose.

‘‘(B) Q

UALIFYING GRANTS

.—A qualifying research grant

under this paragraph is a grant that is awarded on a

competitive basis by an entity described in subparagraph

educational purpose.

‘‘(C) E

NTITIES FROM WHICH GRANTS MAY BE ACCEPTED

.—

A grant may be accepted under this paragraph only from

a corporation, fund, foundation, educational institution, or

similar entity that is organized and operated primarily

for scientific, literary, or educational purposes.

‘‘(D) A

DMINISTRATION OF GRANT FUNDS

.—The Director

of the Defense Security Cooperation Agency shall establish

an account for administering funds received as research

grants under this section. The President of the Defense

Security Cooperation University shall use the funds in

the account in accordance with applicable provisions of

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137 STAT. 447 PUBLIC LAW 118–31—DEC. 22, 2023

the regulations and the terms and condition of the grants

received.

‘‘(E) R

ELATED EXPENSES

.—Subject to such limitations

as may be provided in appropriations Acts, appropriations

available for the Defense Security Cooperation University

may be used to pay expenses incurred by the Defense

Security Cooperation University in applying for, and other-

wise pursuing, the award of qualifying research grants.

‘‘(F) R

EGULATIONS

.—The Secretary of Defense, through

the Under Secretary of Defense for Policy, shall prescribe

regulations for the administration of this subsection.’’; and

(7) by adding at the end the following new subsections:

‘‘(k) R

EPORT ON

ECURITY

OOPERATION

ORKFORCE

.—

‘‘(1) I

N GENERAL

.—Not later than 2 years after the date

of the enactment of this subsection, and not less frequently

than once every 2 years thereafter, the Secretary of Defense

shall submit to the Committees on Armed Services of the Senate

and the House of Representatives a report on the Department

of Defense security cooperation workforce.

‘‘(2) E

LEMENTS

.—Each report under paragraph (1) shall—

‘‘(A) identify current and projected security cooperation

workforce manpower requirements, including expeditionary

requirements within the context of total force planning,

needed to meet the security cooperation mission;

‘‘(B) identify critical skill gaps (such as recruitment

in the existing or projected workforce) and development

of strategies to manage the security cooperation workforce

to address those gaps;

‘‘(C) address development, validation, implementation,

and assessment of security cooperation workforce and

Department-wide competencies for security cooperation and

associated occupational series using the Department tax-

onomy;

‘‘(D) produce a comparison between competency pro-

ficiency levels against target proficiency levels at enterprise

and individual levels to identify competency gaps and gap

closure strategies, for competencies needed at the time

of the report and in the future;

‘‘(E) identify any exceptions and waivers granted with

respect to the application of qualification, assignment, and

tenure policies, procedures, and practices to persons, billets

or positions;

‘‘(F) indicate relative promotion rates for security

cooperation workforce personnel;

‘‘(G) identify the funds requested or allocated for the

Department of Defense security cooperation workforce and

address whether such funds are sufficient to—

‘‘(i) address the critical skill gaps identified pursu-

ant to subparagraph (B); and

‘‘(ii) provide incentives to recruit and retain high-

quality personnel in the security cooperation workforce;

and

‘‘(H) include any other matters the Secretary of Defense

determines appropriate.

‘‘(l) C

OMPTROLLER

ENERAL

VALUATION

.—

‘‘(1) I

N GENERAL

.—The Comptroller General of the United

States shall conduct an independent evaluation of the actions

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137 STAT. 448 PUBLIC LAW 118–31—DEC. 22, 2023

taken by the Secretary of Defense to carry out the requirements

of this section.

‘‘(2) R

EPORT

.—Not later than 2 years after the date of

the enactment of this subsection, the Comptroller General shall

submit to the Committees on Armed Services of the Senate

and House of Representatives a report on the evaluation con-

ducted under paragraph (1). Such report shall include—

‘‘(A) an analysis of the effectiveness of the actions

taken by the Secretary to carry out the requirements of

this section; and

‘‘(B) such legislative and administrative recommenda-

tions as the Comptroller General considers appropriate to

meet the objectives of this section.’’.

(b) M

ODIFICATION TO

UNSET

.—Section 1250(b)(1) of the

National Defense Authorization Act for Fiscal Year 2017 (Public

Law 114–328; 130 Stat. 2529) is amended by striking ‘‘2026’’ and

inserting ‘‘2025’’.

SEC. 1205. EXTENSION AND MODIFICATION OF AUTHORITY FOR

REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR

SUPPORT PROVIDED TO UNITED STATES MILITARY OPER-

ATIONS.

(a) E

XTENSION

.—Subsection (a) of section 1233 of the National

Defense Authorization Act for Fiscal Year 2008 (Public Law 110–

181; 122 Stat. 393) is amended by striking ‘‘beginning on October

1, 2022, and ending on December 31, 2023’’ and inserting ‘‘beginning

on October 1, 2023, and ending on December 31, 2024’’.

(b) M

ODIFICATION TO

IMITATION

.—Subsection (d)(1) of such

section is amended—

(1) by striking ‘‘beginning on October 1, 2022, and ending

on December 31, 2023’’ and inserting ‘‘beginning on October

1, 2023, and ending on December 31, 2024’’; and

(2) by striking ‘‘$30,000,000’’ and inserting ‘‘$15,000,000’’.

SEC. 1206. EXTENSION OF CROSS-SERVICING AGREEMENTS FOR LOAN

OF PERSONNEL PROTECTION AND PERSONNEL SURVIV-

ABILITY EQUIPMENT IN COALITION OPERATIONS.

Section 1207(f) 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. 2342 note) is amended by striking

‘‘December 31, 2024’’ and inserting ‘‘December 31, 2029’’.

SEC. 1207. MODIFICATION OF AUTHORITY TO PROVIDE SUPPORT TO

CERTAIN GOVERNMENTS FOR BORDER SECURITY OPER-

ATIONS.

Section 1226(a)(1) of the National Defense Authorization Act

for Fiscal Year 2016 (22 U.S.C. 2151 note) is amended by adding

at the end the following:

‘‘(G) To the Government of Tajikistan for purposes

of supporting and enhancing efforts of the armed forces

of Tajikistan to increase security and sustain increased

security along the border of Tajikistan and Afghanistan.

‘‘(H) To the Government of Uzbekistan for purposes

of supporting and enhancing efforts of the armed forces

of Uzbekistan to increase security and sustain increased

security along the border of Uzbekistan and Afghanistan.

‘‘(I) To the Government of Turkmenistan for purposes

of supporting and enhancing efforts of the armed forces

Recommenda-

tions.

Analysis.

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137 STAT. 449 PUBLIC LAW 118–31—DEC. 22, 2023

of Turkmenistan to increase security and sustain increased

security along the border of Turkmenistan and Afghani-

stan.’’.

SEC. 1208. EXTENSION OF LEGAL INSTITUTIONAL CAPACITY BUILDING

INITIATIVE FOR FOREIGN DEFENSE INSTITUTIONS.

Section 1210(e) of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended

by striking ‘‘December 31, 2024’’ and inserting ‘‘December 31, 2028’’.

SEC. 1209. REPORT ON EX GRATIA PAYMENTS.

Section 1213(h) of the National Defense Authorization Act for

Fiscal Year 2020 (10 U.S.C. 2731 note) is amended—

(1) in the matter preceding paragraph (1)(A), by striking

‘‘in this subsection’’ and inserting ‘‘in this section’’; and

(2) by amending paragraph (2) to read as follows:

‘‘(2) The status of all other pending or denied ex gratia

payments or requests, including—

‘‘(A) when any such request was made;

‘‘(B) what steps the Department is taking to respond

to the request;

‘‘(C) whether the Department denied any requests for

any such payment, along with the reason for such denial;

‘‘(D) whether any such payment was refused, along

with the reason for such refusal, if known; or

‘‘(E) any other reason for which a payment was not

offered or made.’’.

SEC. 1210. AUTHORITY TO PROVIDE MISSION TRAINING THROUGH

DISTRIBUTED SIMULATION.

(a) A

UTHORITY FOR

RAINING AND

ISTRIBUTION

.—To enhance

the interoperability and integration between the United States

Armed Forces and the military forces of friendly foreign countries,

effective beginning on the date that is 30 days after the date

on which the Secretary of Defense submits the report required

by subsection (d), the Secretary of Defense, with the concurrence

of the Secretary of State, is authorized—

(1) to provide to military personnel of a friendly foreign

country persistent advanced networked training and exercise

activities (in this section referred to as ‘‘mission training

through distributed simulation’’); and

(2) to provide information technology related to mission

training through distributed simulation, including hardware

and computer software developed for such activities.

(b) S

COPE OF

ISSION

RAINING

.—Mission training through

distributed simulation provided under subsection (a) may include

advanced distributed network training events and computer-

assisted exercises.

UIDANCE ON

SE OF

UTHORITY

.—Not later than 120 days

after the date of the enactment of this Act, the Secretary of Defense

shall develop and issue guidance on the procedures for the use

of the authority provided in this section.

(d) R

EPORT

.—

(1) I

N GENERAL

.—The Secretary of Defense shall submit

to the appropriate committees of Congress a report on the

anticipated use of mission training through distributed simula-

tion by military personnel of friendly foreign countries.

Deadline.

Effective date.

10 USC 346 note.

10 USC 332 note.

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137 STAT. 450 PUBLIC LAW 118–31—DEC. 22, 2023

(2) E

LEMENTS

.—The report required by paragraph (1) shall

include the following:

(A) A description of anticipated mission training

through distributed simulation activities between the

United States Armed Forces and the military forces of

friendly foreign countries.

(B) A description of the current capabilities of the

military forces of friendly foreign countries to support mis-

sion training through distributed simulation activities with

the United States Armed Forces.

ment intends to use mission training through distributed

simulation activities to support implementation of the

National Defense Strategy, including in areas of responsi-

bility of the United States European Command and the

United States Indo-Pacific Command.

(D) Any recommendation of the Secretary of Defense

for legislative proposals or policy guidance regarding the

use of mission training through distributed simulation

activities.

(3) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘‘appropriate committees of Congress’’

means—

(A) the Committee on Armed Services, the Committee

on Appropriations, and the Committee on Foreign Relations

of the Senate; and

(B) the Committee on Armed Services, the Committee

on Appropriations, and the Committee on Foreign Affairs

of the House of Representatives.

(e) S

UNSET

.—The authority provided in this section shall termi-

nate on December 31, 2025.

SEC. 1211. REQUIREMENT FOR MILITARY EXERCISES.

(a) E

XERCISES

EQUIRED

.—Beginning on January 1 of the year

which begins after the date of the enactment of this Act, the

Secretary of Defense shall require the United States Central Com-

mand or other relevant commands, units, or organizations of the

United States Armed Forces, as the Secretary deems appropriate,

to conduct military exercises that—

(1) occur not fewer than two times in a calendar year;

(2) shall include invitations for the armed forces of Israel,

provided that the Government of Israel consents to the partici-

pation of its forces in such exercises;

(3) may include invitations for the armed forces of other

allies and partners of the United States to take part in the

exercises;

(4) seek to enhance the interoperability and effectiveness

of the United States Armed Forces, the armed forces of Israel,

and the armed forces of other allies and partners of the United

States in coalition operations; and

(5) shall include, at a minimum, the following activities—

(A) practicing or simulating large-scale and long-range

strike missions;

(B) practicing the aerial refueling of combat aircraft

of the armed forces of Israel by United States aerial

refueling aircraft; and

Israel.

Time period.

Effective date.

Recommenda-

tion.

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137 STAT. 451 PUBLIC LAW 118–31—DEC. 22, 2023

Armed Forces of other enabling capabilities to the armed

forces of Israel, including—

(i) logistics support;

(ii) intelligence, surveillance, and reconnaissance;

and

(iii) air defense.

(b) C

ERTIFICATION

.—Not later than December 31 of the calendar

year specified in subsection (a), the Secretary of Defense shall—

(1) submit to the congressional defense committees a certifi-

cation that the requirements of this section have been met

by December 31 of such calendar year; or

(2) if the requirements of this section are not met by

December 31 of such calendar year, provide, in writing, the

reasons the requirements of this section were not met.

UNSET

.—The requirements in subsection (a) shall terminate

on December 31 of the calendar year specified in subsection (a).

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services of the House of

Representatives; and

(2) the Committee on Armed Services of the Senate.

Subtitle B—Matters Relating to Other

Authorities of the Department of Defense

SEC. 1221. MODIFICATION OF AUTHORITY FOR EXPENDITURE OF

FUNDS FOR CLANDESTINE ACTIVITIES THAT SUPPORT

OPERATIONAL PREPARATION OF THE ENVIRONMENT

AND NON-CONVENTIONAL ASSISTED RECOVERY

CAPABILITIES.

(a) I

ENERAL

.—Section 127f of title 10, United States Code,

is amended—

(1) in the section heading, by adding at the end the fol-

lowing: ‘‘and non-conventional assisted recovery capabili-

ties’’;

(2) in subsection (a)—

(A) by striking the first sentence and inserting the

following: ‘‘(1) Amounts appropriated or otherwise made

available for the Department of Defense for operation and

maintenance, Defense-wide, may be used for any purpose

the Secretary of Defense determines to be proper—

‘‘(A) for operational preparation of the environment

for operations of a confidential nature; or

‘‘(B) to establish, develop, and maintain non-conven-

tional assisted recovery capabilities to facilitate the

recovery of United States military and civilian personnel,

or other individuals, who become isolated or separated.’’;

and

(B) by striking ‘‘Such a determination’’ and inserting

the following:

‘‘(2) Such a determination’’;

(3) by striking subsection (b) and inserting the following:

‘‘(b) A

UTHORIZED

CTIVITIES

.—Activities authorized by sub-

section (a) may, in limited and special circumstances as determined

Deadline.

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137 STAT. 452 PUBLIC LAW 118–31—DEC. 22, 2023

by the Secretary of Defense, include the provision of support to

foreign forces, irregular forces, groups, or individuals to conduct

operational preparation of the environment and to conduct or sup-

port operations to establish, develop, and maintain non-conventional

assisted recovery capabilities to facilitate the recovery of United

States military and civilian personnel, or other individuals, who

become isolated or separated. Such support may include limited

amounts of equipment, supplies, training, transportation, or other

logistical support or funding.’’.

(4) by redesignating subsections (c), (d), (e), (f), and (g)

as subsections (d), (e), (f), (g), and (h), respectively;

(5) by inserting after subsection (b), as amended, the fol-

lowing:

‘‘(c) P

ROCEDURES

.—

‘‘(1) I

N GENERAL

.—The authority in this section shall be

exercised in accordance with such procedures as the Secretary

of Defense shall establish for purposes of this section.

‘‘(2) E

LEMENTS

.—The procedures required under paragraph

(1) shall establish, at a minimum, each of the following:

‘‘(A) Policy, strategy, or other guidance for the execu-

tion of, and constraints within, activities conducted under

this section.

‘‘(B) The processes through which activities conducted

under this section are to be developed, validated, and

coordinated, as appropriate, with relevant Federal entities.

‘‘(C) The processes through which legal reviews and

determinations are made to comply with the authority in

this section and ensure that the exercise of such authority

is consistent with the national security interests of the

United States.

‘‘(D) The processes by which the Department of Defense

shall keep the congressional defense committees fully and

currently informed of—

‘‘(i) the requirements for the use of the authority

in this section; and

‘‘(ii) activities conducted under such authority.

‘‘(3) N

OTICE TO CONGRESS

.—The Secretary shall notify the

congressional defense committees of any material change to

the procedures established under paragraph (1).’’;

(6) in subsection (d), as redesignated—

(A) in the subsection heading, by striking ‘‘L

IMITATION

ELEGATION

’’ and inserting ‘‘L

IMITATIONS

’’; and

(B) by striking ‘‘The Secretary of Defense may not

delegate’’ and inserting the following: ‘‘The Secretary of

Defense—

‘‘(1) may expend up to $40,000,000 in any fiscal year for

the purposes described in subsection (a); and

‘‘(2) may not delegate’’;

(7) in subsection (g), as redesignated—

(A) by redesignating paragraph (4) as paragraph (5);

and

(B) by striking paragraphs (1), (2), and (3) and

inserting the following:

‘‘(1) a description of activities carried out for the purposes

described in subsection (a);

‘‘(2) the amount of such expenditures;

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137 STAT. 453 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(3) an identification of the type of recipients to receive

support, including foreign forces, irregular forces, groups or

individuals, as appropriate;

‘‘(4) the total amount of funds obligated for such expendi-

tures in prior fiscal years; and’’; and

(8) by adding at the end the following:

‘‘(i) O

VERSIGHT BY

SSISTANT

ECRETARY OF

EFENSE FOR

CIAL

PERATIONS AND

NTENSITY

ONFLICT

.—The Assistant

Secretary of Defense for Special Operations and Low Intensity

Conflict shall have primary responsibility within the Office of the

Secretary of Defense for oversight of policies and programs author-

ized by this section.

‘‘(j) O

PERATIONAL

REPARATION OF THE

NVIRONMENT

EFINED

.—In this section, the term ‘operational preparation of the

environment’ means the conduct of activities in likely or potential

operational areas to set conditions for mission execution.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections for chapter

3 of title 10, United States Code, is amended by striking the

item relating to section 127f and inserting the following:

‘‘127f. Expenditure of funds for clandestine activities that support operational prepa-

ration of the environment and non-conventional assisted recovery capa-

bilities.’’.

SEC. 1222. MODIFICATION TO THE AMERICAN, BRITISH, CANADIAN,

AND AUSTRALIAN ARMIES’ PROGRAM.

(a) I

ENERAL

.—Section 1274(a) of the National Defense

Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350a(a) note)

is amended by inserting ‘‘or the air force program known as the

Five Eyes Air Force Interoperability Council’’ after ‘‘the American,

British, Canadian, and Australian Armies’ Program’’.

(b) C

LERICAL

MENDMENT

.—The heading of section 1274 of

such Act (and the entry in the table of contents for such Act

corresponding to such section 1274) is amended to read as follows:

‘‘Administration of the American, British, Canadian, and Australian

Armies’ Program and the Five Eyes Air Force Interoperability

Council.’’.

SEC. 1223. FIRST MODIFICATION OF INITIATIVE TO SUPPORT PROTEC-

TION OF NATIONAL SECURITY ACADEMIC RESEARCHERS

FROM UNDUE INFLUENCE AND OTHER SECURITY

THREATS.

(a) I

ENERAL

.—Section 1286(a) of the John S. McCain

National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C.

4001 note) is amended—

(1) in paragraph (2), by striking ‘‘and’’ at the end;

(2) by redesignating paragraph (3) as paragraph (4); and

(3) by inserting after paragraph (2) the following:

‘‘(3) to limit academic institutions identified on the list

developed under subsection (c)(8)(A) from benefitting from

funding provided by the Department of Defense to United

States academic institutions; and’’.

(b) O

FFICE OF THE

NSPECTOR

ENERAL

EPORT

.—Not later

than 18 months after the date of the enactment of this Act, the

Office of the Inspector General of the Department of Defense shall

submit to the congressional defense committees a report on—

(1) the implementation of the policies and procedures devel-

oped under section 1286 of the John S. McCain National

10 USC 121 prec.

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137 STAT. 454 PUBLIC LAW 118–31—DEC. 22, 2023

Defense Authorization Act for Fiscal Year 2019 (10 U.S.C.

4001 note), as amended by this Act; and

(2) the implementation of the policies of the Department

of Defense required under National Security Presidential

Memorandum-33 (NSPM-33).

SEC. 1224. SECOND MODIFICATION OF INITIATIVE TO SUPPORT

PROTECTION OF NATIONAL SECURITY ACADEMIC

RESEARCHERS FROM UNDUE INFLUENCE AND OTHER

SECURITY THREATS.

(a) I

ENERAL

.—Section 1286 of the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001

note) is amended—

(1) in subsection (c)—

(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) Policies to limit or prohibit funding provided by the

Department of Defense for institutions or individual researchers

who knowingly contract or make other financial arrangements

with entities identified in the list described in paragraph (9),

which policies shall include—

‘‘(A) use of such list as part of a risk assessment

decision matrix during proposal evaluations, including the

development of a question for proposers or broad area

announcements that require proposers to disclose any

contractual or financial connections with such entities;

‘‘(B) a requirement that the Department shall notify

a proposer of suspected noncompliance with a policy issued

under this paragraph and provide not less than 30 days

to take actions to remedy such noncompliance;

‘‘(C) the establishment of an appeals procedure under

which a proposer may appeal a negative decision on a

proposal if the decision is based on a determination

informed by such list;

‘‘(D) a requirement that each awardee of funding pro-

vided by the Department shall disclose to the Department

any contract or financial arrangement made with such

an entity during the period of the award; and

‘‘(E) a requirement that each awardee of funding pro-

vided by the Department shall provide to the Department

an annual certification of compliance with policies promul-

gated pursuant to this paragraph;’’; and

‘‘(11) Development of measures of effectiveness and

performance to assess and track progress of the Department

of Defense across the initiative, which measures shall include—

‘‘(A) the evaluation of currently available data to sup-

port the assessment of such measures, including the identi-

fication of areas in which gaps exist that may require

collection of completely new data, or modifications to

existing data sets;

‘‘(B) current means and methods for the collection of

data in an automated manner, including the identification

of areas in which gaps exist that may require new means

for data collection or visualization of such data; and

Evaluation.

Assessments.

Data.

Certification.

Disclosure.

Procedures.

Notification.

Deadline.

Requirements.

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137 STAT. 455 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(C) the development of an analysis and assessment

methodology framework to make tradeoffs between the

measures developed under this paragraph and other

metrics related to assessing undue foreign influence on

the Department of Defense research enterprise, such as

commercial due diligence, beneficial ownership, and foreign

ownership, control, and influence.’’; and

(2) in subsection (e)(2), by adding at the end the following

new subparagraph:

‘‘(G) A description of the status of the measures of

effectiveness and performance described in subsection

(c)(11) for the period covered by such report, including

an analytical assessment of the impact of such measures

on the goals of the initiative.’’.

(b) D

EADLINE

.—The Secretary of Defense shall develop the poli-

cies required by paragraph (7) of section 1286(c) of the John S.

McCain National Defense Authorization Act for Fiscal Year 2019

(10 U.S.C. 4001 note), as added by subsection (a)(1)(B), by not

later than June 1, 2024.

SEC. 1225. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE

SUPPORT FOR STABILIZATION ACTIVITIES IN NATIONAL

SECURITY INTEREST OF THE UNITED STATES.

Section 1210A(h) of the National Defense Authorization Act

for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1626) is amended

by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2025’’.

SEC. 1226. MODIFICATION OF DEFENSE OPERATIONAL RESILIENCE

INTERNATIONAL COOPERATION PILOT PROGRAM.

Section 1212 of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136

Stat. 2834; 10 U.S.C. 311 note) is amended—

(1) in subsection (a), by striking ‘‘military forces’’ and

inserting ‘‘national security forces’’;

(2) in subsection (c)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking ‘‘military-to-

military relationships’’ and inserting ‘‘relationships

with the national security forces of partner countries’’;

and

(ii) in subparagraph (C), by striking ‘‘military

forces’’ and inserting ‘‘national security forces’’; and

(B) by adding at the end the following new paragraph:

‘‘(4) S

USTAINMENT AND NON

LETHAL ASSISTANCE

.—A pro-

gram under subsection (a) may include the provision of

sustainment and non-lethal assistance, including training,

defense services, and supplies (including consumables).’’;

(3) in subsection (e)(3)(A), by striking ‘‘military force’’ and

inserting ‘‘national security forces’’; and

(4) by adding at the end the following new subsection:

‘‘(g) D

EFINITIONS

.—In this section the terms ‘defense services’,

‘national security forces’, and ‘training’ have the meaning given

those terms in section 301 of title 10, United States Code.’’.

10 USC 4001

note.

Analysis.

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137 STAT. 456 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1227. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING

TO NON-UNITED STATES AIRCRAFT THAT ENGAGE IN HOS-

TILITIES IN THE ONGOING CIVIL WAR IN YEMEN.

Section 1273 of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1699) is amended

to read as follows:

‘‘SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED

STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE

ONGOING CIVIL WAR IN YEMEN.

‘‘For the one-year period beginning on the date of the

enactment of the National Defense Authorization Act for Fiscal

Year 2024, the Department of Defense may not provide in-

flight refueling pursuant to section 2342 of title 10, United

States Code, or any other applicable statutory authority, to

non-United States aircraft that engage in hostilities in the

ongoing civil war in Yemen unless and until a declaration

of war or a specific statutory authorization for such use of

the United States Armed Forces has been enacted.’’.

SEC. 1228. LIMITATION ON AVAILABILITY OF FUNDS FOR INTER-

NATIONAL SECURITY COOPERATION PROGRAM.

Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2024 for operation and

maintenance, Defense-wide, and available for the Defense Security

Cooperation Agency for the International Security Cooperation Pro-

gram, not more than 85 percent may be obligated or expended

until the Secretary of Defense submits the security cooperation

strategy for each covered combatant command required by section

1206 of the National Defense Authorization Act for Fiscal Year

2022 (Public Law 117–81; 135 Stat. 1960).

SEC. 1229. PROTECTION AND LEGAL PREPAREDNESS FOR MEMBERS

OF THE ARMED FORCES ABROAD.

(a) R

EVIEW AND

RIEFING

EQUIRED

.—

(1) I

N GENERAL

.—Not later than December 31, 2024, the

Secretary of State, in coordination with the Secretary of

Defense, shall—

(A) review the legal protections afforded by bilateral

agreements between the United States and the countries

listed in paragraph (2), and how the rights and privileges

afforded under such agreements may differ from United

States law; and

(B) brief the appropriate congressional committees on

the findings of the review.

(2) C

OUNTRIES LISTED

.—The countries listed in this para-

graph are the following:

(A) Australia.

(B) Bahrain.

(D) Italy.

(E) Japan.

(F) Kuwait.

(G) Qatar.

(H) South Korea.

(I) Spain.

(J) Turkey.

(K) The United Kingdom.

Deadline.

10 USC note

prec. 2001.

Reviews.

Time period.

Effective date.

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137 STAT. 457 PUBLIC LAW 118–31—DEC. 22, 2023

(L) Any other country the Secretary of Defense deter-

mines to be appropriate.

(3) M

ATTERS TO BE INCLUDED

.—The review required by

paragraph (1)(A) shall address whether the legal protections

afforded by bilateral agreements between the United States

and the countries listed in paragraph (2) provide members

of the Armed Forces who are stationed in the country, and

the spouses and dependents of such members who are covered

by the agreements, with the right to legal counsel, access to

competent language translation services, a prompt and speedy

trial, the right to be confronted with witnesses against the

member, spouse, or dependent, and a compulsory process for

obtaining witnesses in favor of the member, spouse, or

dependent if the witness is located in the jurisdiction of the

country.

(4) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the Committee on Armed Services and the Com-

mittee on Foreign Affairs of the House of Representatives;

and

(B) the Committee on Armed Services and the Com-

mittee on Foreign Relations of the Senate.

(b) T

RAINING

EQUIRED

.—The Secretary of Defense shall review

and improve as necessary training and educational materials for

members of the Armed Forces who are stationed in a country

reviewed pursuant to subsection (a)(1)(A), and the spouses and

dependents of such members who are covered by the agreements,

regarding relevant foreign laws, how such foreign laws may differ

from the laws of the United States, and the rights of accused

in common scenarios under such foreign laws.

RANSLATION

TANDARDS AND

EADINESS

.—The Secretary

of Defense shall review foreign language standards for members

of the Armed Forces and employees of the Department of Defense

who are responsible for providing foreign language translation serv-

ices in situations involving foreign law enforcement where such

a member or employee may be being detained, to ensure such

members and employees maintain an appropriate proficiency in

the legal terminology and meaning of essential terms in a relevant

language.

SEC. 1230. REPORT ON HOSTILITIES INVOLVING UNITED STATES

ARMED FORCES.

(a) I

ENERAL

.—Not later than 48 hours after any incident

in which the United States Armed Forces are involved in an attack

or hostilities, whether in an offensive or defensive capacity, the

President shall transmit to the congressional defense committees,

the Committee on Foreign Relations of the Senate, and the Com-

mittee on Foreign Affairs of the House of Representatives a report

on the incident, unless the President—

(1) otherwise reports the incident within 48 hours pursuant

to section 4 of the War Powers Resolution (50 U.S.C. 1543);

(2) has determined prior to the incident, and so reported

pursuant to section 1264 of the National Defense Authorization

Act for Fiscal Year 2018 (50 U.S.C. 1549), that the United

President.

50 USC 1543a.

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137 STAT. 458 PUBLIC LAW 118–31—DEC. 22, 2023

States Armed Forces involved in the incident would be oper-

ating under specific statutory authorization within the meaning

of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).

(b) M

ATTERS TO

NCLUDED

.—Each report required by sub-

section (a) shall include—

(1) the authority or authorities under which the United

States Armed Forces were operating when the incident

occurred;

(2) the date, location, and duration of the incident and

the other parties involved;

(3) a description of the United States Armed Forces

involved in the incident and the mission of such Armed Forces;

(4) the numbers of any combatant casualties and civilian

casualties that occurred as a result of the incident; and

(5) any other information the President determines appro-

priate.

SEC. 1231. CONGRESSIONAL NOTIFICATION REGARDING THE GLOBAL

ENGAGEMENT CENTER.

Not later than 30 days after making funds or personnel avail-

able to the Global Engagement Center established pursuant to

section 1287 of the National Defense Authorization Act for Fiscal

Year 2017 (22 U.S.C. 2656 note), the Secretary of Defense shall

provide to the congressional defense committees a notification that

includes—

(1) an accounting of such funds or personnel; and

(2) an explanation of the reason for the availability of

such funds or personnel.

Subtitle C—Matters Relating to Ukraine,

Russia, and NATO

SEC. 1241. EXTENSION OF UKRAINE SECURITY ASSISTANCE INITIA-

TIVE.

Section 1250 of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—

(1) in subsection (f)—

(A) in the matter preceding paragraph (1), by striking

‘‘for overseas contingency operations’’ ; and

(B) by adding at the end the following:

‘‘(9) For fiscal year 2024, $300,000,000.

‘‘(10) For fiscal year 2025, $300,000,000.’’; and

(2) in subsection (h), by striking ‘‘December 31, 2024’’ and

inserting ‘‘December 31, 2026’’.

SEC. 1242. EXTENSION AND MODIFICATION OF CERTAIN TEMPORARY

AUTHORIZATIONS RELATED TO MUNITIONS REPLACE-

MENT.

Section 1244 of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (Public Law 117–263) is

amended—

(1) in the section heading, by striking ‘‘and Other Matters’’

and inserting ‘‘, Taiwan, and Israel’’;

(2) in subsection (a)—

(A) in paragraph (1)—

136 Stat. 2844

Deadline.

22 USC 2656.

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137 STAT. 459 PUBLIC LAW 118–31—DEC. 22, 2023

(i) in subparagraph (A), by inserting ‘‘or replenish’’

after ‘‘to build’’;

(ii) in subparagraph (B)—

(I) by striking ‘‘the Government of Ukraine’’

and inserting ‘‘Ukraine, Taiwan, or Israel’’; and

(II) by striking ‘‘; and’’ and inserting ‘‘; or’’;

and

(iii) in subparagraph (C), by striking ‘‘the Govern-

ment of Ukraine’’ and inserting ‘‘Ukraine, Taiwan, or

Israel’’;

(B) in paragraph (2)(B)(i)(II), by striking ‘‘comparable’’

and inserting ‘‘equivalent’’;

(i) in the matter preceding subparagraph (A), by

inserting ‘‘and associated parts’’ after ‘‘large-caliber

cannons’’;

(ii) by amending subparagraph (A) to read as fol-

lows:

‘‘(A) the replacement of defense articles from stocks

of the Department of Defense provided to—

‘‘(i) the Ukraine, Taiwan, or Israel; or

‘‘(ii) foreign countries that have provided support

to Ukraine, Taiwan, or Israel;’’;

(iii) by amending subparagraph (B) to read as fol-

lows:

‘‘(B) the Department of Defense to provide materiel

directly to Ukraine, Taiwan, or Israel; or’’; and

(iv) by inserting after subparagraph (B), as so

amended, the following new subparagraph:

‘‘(C) use by Ukraine, Taiwan, or Israel.’’;

(D) by amending paragraph (6) to read as follows:

‘‘(6) T

EMPORARY EXEMPTION FROM CERTIFIED COST AND

PRICING DATA REQUIREMENTS

.—

‘‘(A) I

N GENERAL

.—At the discretion of the Secretary

of Defense, the requirements under section 3702 of title

10, United States Code, shall not apply to a covered agree-

ment.

‘‘(B) A

PPLICATION

.—An exemption under subparagraph

(A) shall also apply to subcontracts under prime contracts

that are exempt under this paragraph.

‘‘(C) P

RICE REASONABLENESS

.—In awarding or modi-

fying a covered agreement pursuant to a waiver under

subparagraph (A), the Secretary of Defense shall base price

reasonableness determinations on actual cost and pricing

data for purchases of the same or similar products for

the Department of Defense.’’;

(E) in paragraph (7), by striking ‘‘September 30, 2024’’

and inserting ‘‘September 30, 2028’’;

(F) by redesignating paragraph (7), as so amended,

as paragraph (8); and

(G) by inserting after paragraph (6) the following new

paragraph:

‘‘(7) N

OTIFICATION

.—Not later than 7 days after the exercise

of authority under subsection (a) the Secretary of Defense shall

notify the congressional defense committees of the specific

authority exercised, the relevant contract, and the estimated

reductions in schedule.’’; and

Deadline.

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137 STAT. 460 PUBLIC LAW 118–31—DEC. 22, 2023

(3) in subsection (c)(1)—

(A) in the matter preceding subparagraph (A)—

(i) by inserting ‘‘or fiscal year 2024’’ after ‘‘fiscal

year 2023’’; and

(ii) by inserting ‘‘for systems, items, services, and

logistics support associated with the systems identified

in this paragraph (1)’’ after ‘‘multiyear contracts’’.

(B) in subparagraph (P), by striking ‘‘; and’’ and

inserting a semicolon;

the end and inserting a semicolon; and

(D) by inserting at the end the following new subpara-

graphs:

‘‘(R) 3,300 Tomahawk Cruise Missiles;

‘‘(S) 1,100 Precision Strike Missiles (PrSM);

‘‘(T) 550 Mark 48 Torpedoes;

‘‘(U) 1,650 RIM–162 Evolved Sea Sparrow Missiles

(ESSM);

‘‘(V) 1,980 RIM–116 Rolling Airframe Missiles (RAM);

and

‘‘(W) 11,550 Small Diameter Bomb IIs (SDB–II).’’.

SEC. 1243. REPORT RELATING TO ALLIED AND PARTNER SUPPORT

TO UKRAINE.

(a) R

EPORT

EQUIRED

.—Not later than 90 days after the date

of the enactment of this Act, and every 90 days thereafter, the

Secretary of Defense shall submit to the congressional defense

committees a report on—

(1) all military contributions to Ukraine made by allied

and partner countries in absolute and relative terms,

disaggregated by country, since January 1, 2022; and

(2) any other matters that the Secretary determines to

be relevant.

(b) F

ORM

.—The report required under subsection (a) shall be

submitted in unclassified form, but may include a classified annex.

UNSET

.—The reporting requirement in subsection (a) shall

terminate on January 1, 2025.

SEC. 1244. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS

RELATING TO SOVEREIGNTY OF THE RUSSIAN FEDERA-

TION OVER INTERNATIONALLY RECOGNIZED TERRITORY

OF UKRAINE.

Section 1245(a) of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (Public Law 117–263) is

amended by striking ‘‘None of the funds’’ and all that follows

through ‘‘2023’’ and inserting ‘‘None of the funds authorized to

be appropriated for fiscal year 2023 or 2024’’.

SEC. 1245. STUDY AND REPORT ON LESSONS LEARNED REGARDING

INFORMATION OPERATIONS AND DETERRENCE.

(a) S

TUDY

.—

(1) I

N GENERAL

.—The Secretary of Defense shall seek to

enter into a contract or other agreement with an eligible entity

to conduct an independent study on lessons learned from

information operations conducted by the United States,

Ukraine, the Russian Federation, and member countries of

the North Atlantic Treaty Organization during the lead-up

Contracts.

136 Stat. 2847.

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137 STAT. 461 PUBLIC LAW 118–31—DEC. 22, 2023

to the Russian Federation’s full-scale invasion of Ukraine in

2022 and throughout the conflict.

(2) E

LEMENTS

.—The study required by paragraph (1) shall

include—

(A) an assessment of information operations capabili-

ties of the Russian Federation prior to, and since, the

full-scale invasion of Ukraine;

(B) an assessment of notable successes or challenges

with regard to the information operations conducted by

the United States, NATO member countries, and Ukraine

prior to, and since, the full-scale invasion of Ukraine; and

States information operations to enhance effectiveness, as

well as recommendations on how information operations

may be improved to support the maintenance of deterrence.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, 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

required by subsection (a) in its entirety, along with any such

comments as the Secretary considers relevant.

(2) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form but may include a classified

annex.

LIGIBLE

NTITY

EFINED

.—In this section, the term

‘‘eligible entity’’ means—

(1) a federally funded research and development center;

(2) an independent, nongovernmental institute described

in section 501(c)(3) of the Internal Revenue Code of 1986 and

exempt from tax under section 501(a) of such Code that has

recognized credentials and expertise in national security and

military affairs appropriate for the assessment.

SEC. 1246. PROHIBITION ON NEW START TREATY INFORMATION

SHARING.

(a) P

ROHIBITION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2024 for the Department of Defense may be made available to

provide the Russian Federation with notifications as required by

the New START Treaty.

(b) W

AIVER

.—The Secretary of Defense, with the concurrence

of the Secretary of State, may waive the prohibition in subsection

(a) if the Secretary of Defense certifies to the appropriate congres-

sional committees in writing that—

(1) the Russian Federation is providing similar information

to the United States as required by the New START Treaty;

(2) it is in the national security interest of the United

States to unilaterally provide such notifications to the Russian

Federation

EFINITIONS

.—In this section—

(1) the term ‘‘appropriate congressional committees’’

means—

Certification.

Recommenda-

tions.

Assessments.

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137 STAT. 462 PUBLIC LAW 118–31—DEC. 22, 2023

(A) the Committee on Armed Services and the Com-

mittee on Foreign Affairs of the House of Representatives;

and

(B) the Committee on Armed Services and the Com-

mittee on Foreign Relations of the Senate; and

(2) the term ‘‘New START Treaty’’ means the Treaty

between the United States of America and the Russian Federa-

tion on Measures for the Further Reduction and Limitation

of Strategic Offensive Arms, signed at Prague April 8, 2010,

and entered into force February 5, 2011.

SEC. 1247. BLACK SEA SECURITY AND DEVELOPMENT STRATEGY.

(a) I

ENERAL

.—The President shall direct the National Secu-

rity Council to develop an interagency strategy with regard to

the Black Sea region and Black Sea states—

(1) to increase coordination with the North Atlantic Treaty

Organization (NATO) and the European Union;

(2) to deepen economic ties;

(3) to strengthen energy security;

(4) to support efforts to bolster their democratic resilience;

and

(5) to enhance security assistance with regional partners

in accordance with the values and interests of the United

States.

(b) P

URPOSE AND

BJECTIVES

.—The strategy authorized under

subsection (b) shall have the following goals and objectives:

(1) Ensuring the efficient and effective delivery of security

assistance to regional partners in accordance with the values

and interests of the United States, prioritizing assistance that

will bolster defenses, increase regional cooperation on Black

Sea security, and improve interoperability with NATO forces.

(2) Bolstering United States support for the region’s energy

security and integration with Europe and reducing the region’s

dependence on Russia while supporting energy diversification.

(3) Working with partners and allies to mitigate the impact

of economic coercion by the Russian Federation and the People’s

Republic of China on Black Sea states and identifying new

opportunities for foreign direct investment from the United

States and cooperating countries and the enhancement of

United States business ties with regional partners in accord-

ance with the values and interests of the United States.

(4) Increasing high-level engagement between the United

States and regional partners, including reinforcing economic

growth, infrastructure development, and enhancing trade with

a focus on improving high-level economic cooperation.

(5) Increasing United States coordination with the Euro-

pean Union and NATO member states to maximize effective-

ness and minimize duplication.

CTIVITIES

.—

(1) S

ECURITY

.—The strategy authorized under subsection

(b) should include the following elements related to security:

(A) A plan to increase interagency coordination on

the Black Sea region.

(B) A plan to coordinate and synchronize security

assistance with Black Sea states, focused on Ukraine,

Romania, Bulgaria, Moldova, and Georgia, with the aim

of increasing regional cooperation on Black Sea security.

President.

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137 STAT. 463 PUBLIC LAW 118–31—DEC. 22, 2023

states to recognize and respond to Russian disinformation

and propaganda in the Black Sea region.

(2) E

CONOMIC PROSPERITY

.—The strategy authorized under

subsection (b) shall include the following elements related to

economic prosperity:

(A) A strategy to foster dialogue between experts from

the United States and from the Black Sea states on eco-

nomic expansion, foreign direct investment, strengthening

rule of law initiatives, and mitigating economic coercion

by the Russian Federation and the People’s Republic of

China.

(B) A strategy for all the relevant Federal departments

and agencies that contribute to United States economic

statecraft to expand their presence and identify new

opportunities for private investment with regional partners

in accordance with the values and interests of the United

States.

immediate need to replace energy supplies from the Rus-

sian Federation, and recognizing the long-term importance

of broader energy diversification.

(D) Assessments of potential food security solutions,

including sustainable, long-term arrangements.

(3) D

EMOCRATIC RESILIENCE

.—The strategy authorized

under subsection (b) shall include the following elements related

to democratic resilience:

(A) A plan to increase independent media and United

States-supported media initiatives to combat foreign malign

influence in the Black Sea region.

(B) A plan to increase mobilization of initiatives spear-

headed by the Department of State and the United States

Agency for International Development to counter Russian

propaganda and disinformation in the Black Sea region.

(d) I

DENTIFICATION OF

ECESSARY

UTHORITIES AND

UDG

ETARY

ESOURCES

.—The President shall identify any necessary

authorities or budgetary resources required, by agency, to support

the implementation of the strategy for fiscal years 2025 and 2026.

(e) S

UBMISSION OF

TRATEGY AND

ESOURCE

SSESSMENT

.—

The President shall submit to the appropriate committees of Con-

gress—

(1) the strategy authorized by subsection (b) not later than

180 days after the date of the enactment of this Act; and

(2) the authority and resourcing assessment required by

subsection (d) not later than 360 days after such date of enact-

ment.

(f) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the Committee on Foreign Relations, the Com-

mittee on Armed Services, the Committee on Appropria-

tions, the Select Committee on Intelligence, and the Com-

mittee on Energy and Natural Resources of the Senate;

and

(B) the Committee on Foreign Affairs, the Committee

on Armed Services, the Committee on Appropriations, the

Deadlines.

Plans.

Assessment.

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137 STAT. 464 PUBLIC LAW 118–31—DEC. 22, 2023

Permanent Select Committee on Intelligence, and the Com-

mittee on Energy and Commerce of the House of Represent-

atives.

(2) B

LACK SEA STATES

.—The term ‘‘Black Sea states’’

means—

(A) Bulgaria;

(B) Georgia;

(D) Romania;

(E) Turkey; and

(F) Ukraine.

SEC. 1248. REVIVAL OF AUTHORITY FOR PARTICIPATION OF NATO

NAVAL PERSONNEL IN SUBMARINE SAFETY PROGRAMS.

(a) I

ENERAL

.—Subsection (e) of section 8634 of title 10,

United States Code, is repealed.

(b) C

ONFORMING

MENDMENT

.—Subsection (a) of such section

8634 is amended by striking ‘‘the Secretary of the Navy may conduct

a program’’ and inserting ‘‘the Secretary of the Navy may conduct

a program beginning on or after the date of the enactment of

the National Defense Authorization Act for Fiscal Year 2024’’.

SEC. 1249. EXTENSION AND MODIFICATION OF TRAINING FOR

EASTERN EUROPEAN NATIONAL SECURITY FORCES IN

THE COURSE OF MULTILATERAL EXERCISES.

Section 1251 of the National Defense Authorization Act for

Fiscal Year 2016 (10 U.S.C. 333 note) is amended—

(1) in subsection (c)(1), by adding at the end the following

new subparagraph:

‘‘(C) The Republic of Kosovo.’’; and

(2) in subsection (h)—

(A) in the first sentence, by striking ‘‘December 31,

2024’’ and inserting ‘‘December 31, 2026’’; and

(B) in the second sentence, by striking ‘‘December 31,

2024.’’ and inserting ‘‘December 31, 2026’’.

SEC. 1250. U.S. BASING, TRAINING, AND EXERCISES IN NORTH

ATLANTIC TREATY ORGANIZATION MEMBER COUNTRIES.

When considering decisions related to United States military

basing, training, and exercises, the Secretary of Defense shall

include among the factors whether a country, if a member of the

North Atlantic Treaty Organization, has achieved defense spending

of not less than 2 percent of its gross domestic product.

SEC. 1250A. LIMITATION ON WITHDRAWAL FROM THE NORTH

ATLANTIC TREATY ORGANIZATION.

(a) O

PPOSITION OF

ONGRESS TO

USPENSION

, T

ERMINATION

ENUNCIATION

ITHDRAWAL

ROM

ORTH

TLANTIC

REATY

.—

The President shall not suspend, terminate, denounce, or withdraw

the United States from the North Atlantic Treaty, done at Wash-

ington, DC, April 4, 1949, except by and with the advice and

consent of the Senate, provided that two-thirds of the Senators

present concur, or pursuant to an Act of Congress.

(b) L

IMITATION ON THE

SE OF

UNDS

.—No funds authorized

or appropriated by any Act may be used to support, directly or

indirectly, any decision on the part of any United States Govern-

ment official to suspend, terminate, denounce, or withdraw the

United States from the North Atlantic Treaty, done at Washington,

22 USC 1928f.

10 USC 113 note.

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137 STAT. 465 PUBLIC LAW 118–31—DEC. 22, 2023

DC, April 4, 1949, except by and with the advice and consent

of the Senate, provided that two-thirds of the Senators present

concur, or pursuant to an Act of Congress.

OTIFICATION OF

REATY

CTION

.—

(1) C

ONSULTATION

.—Prior to the notification described in

paragraph (2), the President shall consult with the Committee

on Foreign Relations of the Senate and the Committee on

Foreign Affairs of the House of Representatives in relation

to any initiative to suspend, terminate, denounce, or withdraw

the United States from the North Atlantic Treaty.

(2) N

OTIFICATION

.—The President shall notify the Com-

mittee on Foreign Relations of the Senate and the Committee

on Foreign Affairs of the House of Representatives in writing

of any deliberation or decision to suspend, terminate, denounce,

or withdraw the United States from the North Atlantic Treaty,

as soon as possible but in no event later than 180 days prior

to taking such action.

(d) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed to authorize, imply, or otherwise indicate that the Presi-

dent may suspend, terminate, denounce, or withdraw from any

treaty to which the Senate has provided its advice and consent

without the advice and consent of the Senate to such act or pursuant

to an Act of Congress.

(e) S

EVERABILITY

.—If any provision of this section or the

application of such provision is held by a Federal court to be

unconstitutional, the remainder of this subtitle and the application

of such provisions to any other person or circumstance shall not

be affected thereby.

(f) D

EFINITIONS

.—In this subtitle, the terms ‘‘withdrawal’’,

‘‘denunciation’’, ‘‘suspension’’, and ‘‘termination’’ have the meaning

given the terms in the Vienna Convention on the Law of Treaties,

concluded at Vienna May 23, 1969.

SEC. 1250B. OVERSIGHT OF PROGRAMS AND OPERATIONS FUNDED

WITH AMOUNTS APPROPRIATED BY THE UNITED STATES

FOR UKRAINE.

(a) S

PECIAL

NSPECTOR

ENERAL FOR

PERATION

TLANTIC

ESOLVE

.—

(1) I

N GENERAL

.—Subject to the requirements of this sec-

tion, the President, acting through the Chair of the Council

of the Inspectors General on Integrity and Efficiency, shall

maintain the position of the Lead Inspector General for Oper-

ation Atlantic Resolve in accordance with section 419 of title

5, United States Code.

(2) R

EDESIGNATION

.—

(A) I

N GENERAL

.—The title of the position of the Lead

Inspector General for Operation Atlantic Resolve is hereby

redesignated as the ‘‘Special Inspector General for Oper-

ation Atlantic Resolve’’ (in this section referred to as the

‘‘Special Inspector General’’).

(B) R

EFERENCES

.—Any reference in law, regulation,

document, paper, or other record of the United States to

the Lead Inspector General for Operation Atlantic Resolve

shall be deemed to be a reference to the Special Inspector

General for Operation Atlantic Resolve.

(b) B

RIEFINGS

.—Upon request by the Chair or Ranking Member

of an appropriate committee of Congress, not later than 30 days

Deadline.

President.

5 USC 419 note.

Deadline.

President.

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137 STAT. 466 PUBLIC LAW 118–31—DEC. 22, 2023

after receiving the request, the Special Inspector General shall

to the extent practicable provide a briefing to such committee on

the activities of the Special Inspector General with respect to pro-

grams and operations funded with amounts appropriated by the

United States for Ukraine.

UBLICATION OF

CCOUNTING OF

NITED

TATES

SSISTANCE

FOR

KRAINE

.—Not later than 45 days after the date of the enact-

ment of this Act, and every 90 days thereafter, the President

shall publish on a publicly available website of the United States

Government a comprehensive accounting of unclassified amounts

appropriated by the United States for Ukraine.

(d) Q

UARTERLY

EPORTS

.—

(1) I

N GENERAL

.—Not later than 45 days after the end

of each fiscal-year quarter, the Special Inspector General shall

submit to the appropriate committees of Congress a report

summarizing, with respect to that quarter and, to the extent

possible, the period beginning on the date on which such

quarter ends and ending on the date on which the report

is submitted, the activities of the Special Inspector General

with respect to programs and operations funded with amounts

appropriated by the United States for Ukraine for—

(A) security, economic, and humanitarian assistance

to Ukraine and other countries affected by the war;

(B) United States European Command operations and

related support for the United States military; and

ment agencies involved in the Ukraine response, as appro-

priate.

(2) E

LEMENTS

.—Each report required by paragraph (1)

shall include, for the period covered by the report—

(A) a description of any waste, fraud, or abuse identi-

fied by the Inspectors General with respect to programs

and operations funded with amounts appropriated by the

United States for Ukraine;

(B) a description of the status and results of—

(i) investigations, inspections, and audits; and

(ii) referrals to the Department of Justice; and

the Inspectors General of such support of Ukraine,

including plans for investigations, inspections, and audits.

(3) A

VAILABILITY

.—The Special Inspector General shall pub-

lish on a publicly available website the unclassified form of

each report required by paragraph (1).

(4) F

ORM

.—Each report required by paragraph (1) shall

be submitted in unclassified form, but may include a classified

annex if the Special Inspector General considers it necessary.

(e) R

ULE OF

ONSTRUCTION

.—Nothing in this section may be

construed to limit the Special Inspector General from exercising

all authorities and discharging all responsibilities granted to the

Lead Inspector General for Operation Atlantic Resolve in accordance

with section 419 of title 5, United States Code, in the exercise

of oversight responsibilities for Operation Atlantic Resolve generally

and under this section with respect to Ukraine.

(f) S

UNSET

.—The requirements and authorities of this section

with respect to the Special Inspector General shall cease in accord-

ance with the sunset provisions for the Lead Inspector General

Web posting.

Public

information.

Summary.

Time period.

Deadlines.

Web posting.

Public

information.

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137 STAT. 467 PUBLIC LAW 118–31—DEC. 22, 2023

for Operation Atlantic Resolve pursuant to section 419(f) of title

5, United States Code.

(g) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate committees of Congress’’ means—

(A) the Committee on Appropriations, the Committee

on Armed Services, the Committee on Foreign Relations,

and the Committee on Homeland Security and Govern-

mental Affairs of the Senate; and

(B) the Committee on Appropriations, the Committee

on Armed Services, the Committee on Foreign Affairs, and

the Committee on Oversight and Accountability of the

House of Representatives.

(2) The term ‘‘Inspectors General’’ means the following:

(A) The Inspector General of the Department of

Defense.

(B) The Inspector General of the Department of State.

for International Development.

(h) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated for fiscal year 2024 $8,000,000 to carry out

this section.

(i) E

XPANSION AND

XTENSION OF

IRECT

IRE

UTHORITY FOR

ERTAIN

ERSONNEL OF THE

EPARTMENT OF

EFENSE

.—

(1) E

XPANSION

.—Section 9905(a) of title 5, United States

Code, as amended by section 1104, is further amended by

adding at the end the following new paragraph:

‘‘(14) Any position in support of Special Inspector General

for Operation Atlantic Resolve for which the Secretary deter-

mines there is a critical hiring need and shortage of can-

didates.’’.

(2) E

XTENSION

.—Section 9905(b)(1) of title 5, United States

Code, is amended by striking ‘‘September 30, 2025’’ and

inserting ‘‘September 30, 2030’’.

Subtitle D—Matters Relating to Israel

SEC. 1251. EURO-NATO JOINT JET PILOT TRAINING PROGRAM.

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 feasibility and advisability

of including Israel in observer status in the Euro-NATO Joint

Jet Pilot Training Program (ENJJPT).

SEC. 1252. EXTENSION OF UNITED STATES-ISRAEL ANTI-TUNNEL

COOPERATION.

Section 1279(f) of the National Defense Authorization Act for

Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1079; 22 U.S.C.

8606 note) is amended by striking ‘‘December 31, 2024’’ and

inserting ‘‘December 31, 2026’’.

SEC. 1253. IMPROVEMENTS RELATING TO UNITED STATES-ISRAEL

COOPERATION TO COUNTER UNMANNED AERIAL SYS-

TEMS.

Section 1278(b)(4) of the National Defense Authorization Act

for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1702; 22 U.S.C.

8606 note) is amended by striking ‘‘$40,000,000’’ and inserting

‘‘$55,000,000’’.

Reports.

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137 STAT. 468 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1254. MODIFICATION OF AUTHORITY FOR COOPERATION ON

DIRECTED ENERGY CAPABILITIES.

Section 1280 of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283; 134 Stat. 3982; 22 U.S.C. 8606 note) is amended—

(1) in subsection (d), in the first sentence—

(A) by inserting ‘‘acting through the Under Secretary

of Defense for Research and Engineering,’’ after ‘‘the Sec-

retary of Defense,’’; and

(B) by striking ‘‘may establish a program’’ and inserting

‘‘is authorized’’; and

(2) by adding at the end the following new subsection:

‘‘(e) N

OTIFICATION

.—

‘‘(1) I

N GENERAL

.—Not later than 120 days after the date

of the enactment of this subsection, the Under Secretary of

Defense for Research and Engineering shall submit to the

appropriate committees of Congress an assessment detailing—

‘‘(A) the most promising directed energy missile defense

technologies available for co-development with the Govern-

ment of Israel;

‘‘(B) any risks relating to the implementation of a

directed energy missile defense technology co-development

program with the Government of Israel;

‘‘(C) an anticipated spending plan for fiscal year 2024

funding authorized by the National Defense Authorization

Act for Fiscal Year 2024 to carry out this section; and

‘‘(D) initial projections for likely funding requirements

to carry out a directed energy missile defense technology

co-development program with the Government of Israel

over the five fiscal years beginning after the date of the

enactment this subsection, as applicable.

‘‘(2) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘appropriate committees of Congress’

means—

‘‘(A) the Committee on Armed Services, the Committee

on Appropriations, and the Committee on Foreign Relations

of the Senate; and

‘‘(B) the Committee on Armed Services, the Committee

on Appropriations, and the Committee on Foreign Affairs

of the House of Representatives.’’.

SEC. 1255. ENSURING PEACE THROUGH STRENGTH IN ISRAEL.

(a) E

XTENSION OF

UTHORITIES

.—

(1) W

AR RESERVES STOCKPILE AUTHORITY

.—Section 12001(d)

of the Department of Defense Appropriations Act, 2005 (Public

Law 108–287; 118 Stat. 1011) is amended by striking ‘‘Sep-

tember 30, 2025’’ and inserting ‘‘January 1, 2027’’.

(2) R

ULES GOVERNING THE TRANSFER OF PRECISION

GUIDED

MUNITIONS TO ISRAEL ABOVE THE ANNUAL RESTRICTION

.—Section

1275(e) of the William M. (Mac) Thornberry National Defense

Authorization Act for Fiscal Year 2021 (Public Law 116–283;

134 Stat. 3980; 22 U.S.C. 2321h note) is amended by striking

‘‘on the date that is three years after the date of the enactment

of this Act’’ and inserting ‘‘on January 1, 2027’’.

(b) D

EPARTMENT OF

EFENSE

SSESSMENT OF

YPE AND

UANTITY OF

RECISION

GUIDED

UNITIONS AND

THER

UNITIONS

FOR

SE BY

SRAEL

.—

Time period.

Spending plan.

Deadline.

Assessment.

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137 STAT. 469 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, and annually thereafter through

December 31, 2027, the Secretary of Defense, in consultation

with the Secretary of State, shall conduct an assessment with

respect to the following:

(A) The current quantity and type of precision-guided

munitions in the stockpile pursuant to section 12001(d)

of the Department of Defense Appropriations Act, 2005

(Public Law 108–287; 118 Stat. 1011).

(B) The quantity and type of precision-guided muni-

tions necessary for Israel to protect its homeland and

counter Hezbollah, Hamas, Palestinian Islamic Jihad, or

any other armed terror group or hostile forces in the region

in the event of a sustained armed confrontation.

for Israel to protect its homeland and counter Hezbollah,

Hamas, Palestinian Islamic Jihad, or any other armed

group or hostile forces in the region in the event of a

sustained armed confrontation.

(D) The quantity and type of munitions, including

precision-guided munitions, necessary for Israel to protect

its homeland and counter any combination of Hezbollah,

Hamas, Palestinian Islamic Jihad, and any other armed

terror groups or hostile forces in the region in the event

of a multi-front, sustained armed confrontation.

(E) The resources the Government of Israel would need

to dedicate to acquire the quantity and type of munitions,

including precision-guided munitions, described in subpara-

graphs (B) through (D).

(F) Whether, as of the date on which the applicable

assessment is completed, sufficient quantities and types

of munitions, including precision-guided munitions, to con-

duct operations described in subparagraphs (B) through

(D) are present in—

(i) the inventory of the military forces of Israel;

(ii) the War Reserves Stock Allies-Israel;

(iii) any other United States stockpile or depot

within the area of responsibility of United States Cen-

tral Command, as the Secretary considers appropriate

to disclose to the Government of Israel; or

(iv) the inventory of the United States Armed

Forces, as the Secretary considers appropriate to dis-

close to the Government of Israel.

(G) The current inventory of such munitions, including

precision-guided munitions, possessed by the United States,

and whether, as of the date on which the applicable assess-

ment is completed, the United States is assessed to have

sufficient munitions to meet the requirements of current

operation plans of the United States or global other muni-

tions requirements.

(H) United States planning and steps being taken—

(i) to assist Israel to prepare for the contingencies,

and to conduct the operations, described in subpara-

graphs (B) through (D); and

(ii) to resupply Israel with the quantity and type

of such munitions described in such subparagraphs

Deadlines.

Assessment.

Terrorism.

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137 STAT. 470 PUBLIC LAW 118–31—DEC. 22, 2023

in the event of a sustained armed confrontation

described in such subparagraphs.

(I) The quantity and pace at which the United States

is capable of pre-positioning, increasing, stockpiling, or rap-

idly replenishing, or assisting in the rapid replenishment

of, such munitions in preparation for, and in the event

of, such a sustained armed confrontation.

(2) C

ONSULTATION

.—In carrying out the assessment

required by paragraph (1), the Secretary shall consult with

the Israeli Ministry of Defense, provided that the Israeli Min-

istry of Defense agrees to be so consulted.

EPORTS

.—

(1) D

EPARTMENT OF DEFENSE ASSESSMENT

.—Not later than

15 days after the date on which each Department of Defense

assessment required by subsection (b) is completed, the Sec-

retary shall submit to the appropriate committees of Congress

a report on such assessment.

(2) P

POSITIONING AND STOCKPILE IMPLEMENTATION

REPORT

.—Not later than 180 days after the date on which

the report required by paragraph (1) is submitted, and every

180 days thereafter through December 31, 2027, the Secretary

shall submit to the appropriate committees of Congress a report

that—

(A) details the actions being taken by the United

States, if any, to pre-position, increase, stockpile, address

shortfalls, and otherwise ensure that the War Reserves

Stock Allies-Israel has, and assist Israel in ensuring that

Israel has, sufficient quantities and types of munitions,

including precision-guided munitions, to conduct the oper-

ations described in subparagraphs (B) through (D) of sub-

section (b)(1); and

(B) includes a description of procedures implemented

by the United States, if any, for rapidly replenishing, or

assisting in the rapid replenishment of, stockpiles of such

munitions for use by Israel as may be necessary.

(3) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form but may contain a classified

annex.

(4) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘‘appropriate committees of Congress’’

means—

(A) the Committee on Foreign Relations and the Com-

mittee on Armed Services of the Senate; and

(B) the Committee on Foreign Affairs and the Com-

mittee on Armed Services of the House of Representatives.

(d) C

ONSOLIDATION OF

EPORTS

.—

(1) Section 1273 of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232;

132 Stat. 2066) is amended by striking subsection (b).

(2) Section 1275 of the William M. (Mac) Thornberry

National Defense Authorization Act for Fiscal Year 2021 (Public

Law 116–283; 134 Stat. 3979; 22 U.S.C. 2321h note) is amended

by striking subsection (d).

SEC. 1256. ASSISTANCE TO ISRAEL FOR AERIAL REFUELING.

(a) T

RAINING

SRAELI

ILOTS TO

PERATE

KC–46 A

IRCRAFT

.—

(1) I

N GENERAL

.—The Secretary of the Air Force shall—

Deadlines.

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137 STAT. 471 PUBLIC LAW 118–31—DEC. 22, 2023

(A) make available sufficient resources and accom-

modations within the United States to train members of

the Israeli Air Force on the operation of KC–46 aircraft;

and

(B) conduct training for members of the Israeli Air

Force, including—

(i) training for pilots and crew on the operation

of the KC–46 aircraft in accordance with standards

considered sufficient to conduct coalition operations of

the United States Air Force and the Israeli Air Force;

and

(ii) training for ground personnel on the mainte-

nance and sustainment requirements of the KC–46

aircraft considered sufficient for such operations.

(2) U

NITED STATES AIR FORCE MILITARY PERSONNEL

EXCHANGE PROGRAM

.—The Secretary of Defense shall, with

respect to members of the Israeli Air Force associated with

the operation of KC–46 aircraft—

(A) before the completion of the training required by

paragraph (1)(B), authorize the participation of such mem-

bers of the Israeli Air Force in the United States Air

Force Military Personnel Exchange Program;

(B) make available billets in the United States Air

Force Military Personnel Exchange Program necessary for

such members of the Israeli Air Force to participate in

such program; and

of the Israeli Air Force are able to participate in the United

States Air Force Military Personnel Exchange Program

immediately after such members complete such training.

(3) T

ERMINATION

.—This subsection shall cease to have

effect on the date that is ten years after the date of the

enactment of this Act.

(b) B

RIEFING

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of Defense shall provide to

the Committees on Armed Services of the Senate and the House

of Representatives a briefing that includes the following:

(1) An assessment of—

(A) the current operational requirements of the Govern-

ment of Israel for aerial refueling; and

(B) any gaps in current or near-term capabilities.

(2) The estimated date of delivery to Israel of KC–46 air-

craft procured by the Government of Israel.

(3) A detailed description of—

(A) any actions the United States Government is taking

to expedite the delivery to Israel of KC–46 aircraft procured

by the Government of Israel, while minimizing adverse

impacts to United States defense readiness, including stra-

tegic forces readiness;

(B) any additional actions the United States Govern-

ment could take to expedite such delivery; and

help expedite such delivery.

(4) A description of the availability of any United States

aerial refueling tanker aircraft that is retired or is expected

to be retired during the two-year period beginning on the date

of the enactment of this Act that could be provided to Israel.

Time period.

Estimated date.

Assessment.

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137 STAT. 472 PUBLIC LAW 118–31—DEC. 22, 2023

OSTS AND

ENEFITS OF

ORWARD

EPLOYMENT OF

NITED

TATES

KC–46 A

IRCRAFT TO

SRAEL

.—

(1) B

RIEFING

.—Not later than 90 days after the date of

the enactment of this Act, the Secretary of Defense shall provide

to the Committees on Armed Services of the Senate and the

House of Representatives a briefing that describes the costs

and benefits of forward deploying KC–46 aircraft to Israel.

(2) P

RESENCE

.—The Secretary of Defense, in consultation

with the Secretary of State, shall consult with the Government

of Israel to determine the advisability and practicality of the

Government of Israel hosting rotational deployments of United

States KC–46 aircraft to Israel.

SEC. 1257. RULES GOVERNING TRANSFER OF AERIAL REFUELING

TANKERS TO ISRAEL.

(a) I

ENERAL

.—Notwithstanding section 514(b) of the Foreign

Assistance Act of 1961 (22 U.S.C. 2321h(b)), and subject to sub-

sections (b) and (c) of this section, the President, acting through

the Secretary of Defense, may transfer to Israel one or more retired

United States aerial refueling tankers, any United States aerial

refueling tanker that the Secretary of Defense plans to retire during

the two-year period beginning on the date of the enactment of

this Act, or any other United States aerial refueling tanker the

President considers appropriate, consistent with—

(1) all other requirements set forth in the Foreign Assist-

ance Act of 1961 (22 U.S.C. 2151 et seq.); and

(2) the requirements set forth in the Arms Export Control

Act (22 U.S.C. 2751 et seq.).

(b) C

ONDITIONS

.—Except in the case of an emergency, as deter-

mined by the President, a transfer under subsection (a) may only

occur if the transfer—

(1) does not affect the ability of the United States to main-

tain a sufficient aerial refueling capacity to satisfy United

States warfighting requirements;

(2) does not harm the combat readiness of the United

States;

(3) does not affect the ability of the United States to meet

its commitments to allies with respect to the transfer of aerial

refueling capacity; and

(4) is in the national security interest of the United States.

ERTIFICATION

.—

(1) I

N GENERAL

.—Except in the case of an emergency, as

determined by the President, not later than 15 days before

making a transfer under subsection (a), the Secretary of

Defense shall certify to the appropriate congressional commit-

tees that the transfer meets the conditions specified in sub-

section (b).

(2) E

MERGENCIES

.—In the case of an emergency, as deter-

mined by the President, not later than five days after making

a transfer under subsection (a), the President shall—

(A) certify to the appropriate congressional committees

that the transfer supports the national security interests

of the United States; and

(B) provide to the appropriate congressional commit-

tees an assessment of the impacts, risks, and mitigation

measures with respect to the matters referred to in para-

graphs (1) through (4) of subsection (b).

Determination.

Deadline.

Determination.

Time period.

President.

22 USC 2321h

note.

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137 STAT. 473 PUBLIC LAW 118–31—DEC. 22, 2023

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate.

SEC. 1258. REPORT.

(a) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall

submit to Congress a report on whether any products sold

at commissary or exchange stores in fiscal years 2021 or 2022

were produced by companies described in paragraph (2) that

have participated in a boycott action against the State of Israel.

(2) C

OMPANIES DESCRIBED

.—The companies described in

this paragraph are companies that have entered into a contract

with the Department of Defense to sell products described

in paragraph (1) the total value of which exceeds $10,000,000.

(b) S

ENSE OF

ONGRESS

.—Congress is concerned about the

antisemitic efforts of the Boycott, Divestment, and Sanctions (BDS)

movement against the State of Israel, including its efforts to

delegitimize, isolate, and ultimately destroy the Jewish state.

EFINITION

.—In subsection (a), the term ‘‘boycott action

against the State of Israel’’ means engaging in a boycott action

targeting the State of Israel, companies or individuals doing busi-

ness in or with the State of Israel, or companies authorized by,

licensed by, or organized under the laws of the State of Israel

to do business.

Subtitle E—Matters Relating to Syria, Iraq,

Iran, and Afghanistan

SEC. 1261. MIDDLE EAST INTEGRATED MARITIME DOMAIN AWARENESS

AND INTERDICTION CAPABILITY.

(a) I

ENERAL

.—The Secretary of Defense, using existing

authorities, shall seek to build upon the incorporation of Israel

into the area of responsibility of the United States Central Com-

mand to develop a Middle East integrated maritime domain aware-

ness and interdiction capability for the purpose of protecting the

people, infrastructure, and territory of such countries from—

(1) manned and unmanned naval systems, undersea war-

fare capabilities, and anti-ship missiles of Iran and groups

affiliated with Iran; and

(2) violent extremist organizations, criminal networks, and

piracy activities that threaten lawful commerce in the water-

ways within the area of responsibility of the United States

Naval Forces Central Command.

(b) S

TRATEGY

.—

(1) I

N GENERAL

.—Not later than 60 days after the date

of the enactment of this Act, the Secretary of Defense, in

coordination with the Secretary of State, shall submit to the

appropriate committees of Congress a strategy for the coopera-

tion described in subsection (a).

Deadline.

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137 STAT. 474 PUBLIC LAW 118–31—DEC. 22, 2023

(2) M

ATTERS TO BE INCLUDED

.—The strategy required by

paragraph (1) shall include the following:

(A) An assessment of the threats posed to ally or

partner countries in the Middle East by—

(i) manned and unmanned naval systems,

undersea warfare capabilities, and anti-ship missiles

of Iran and groups affiliated with Iran; and

(ii) violent extremist organizations, criminal net-

works, and piracy activities that threaten lawful com-

merce in the waterways within the area of responsi-

bility of the United States Naval Forces Central Com-

mand.

(B) A description of existing multilateral maritime

partnerships currently led by the United States Naval

Forces Central Command, including the Combined Mari-

time Forces (including its associated Task Forces 150, 151,

152, and 153), the International Maritime Security Con-

struct, and the Navy’s Task Force 59, and a discussion

of the role of such partnerships in building an integrated

maritime security capability.

integration of Israel into the existing multilateral maritime

partnerships described in subparagraph (B).

(D) A description of efforts among countries in the

Middle East to coordinate intelligence, reconnaissance, and

surveillance capabilities and indicators and warnings with

respect to the threats described in subparagraph (A), and

a description of any impediment to optimizing such efforts.

(E) A description of the current Department of Defense

systems that, in coordination with ally and partner coun-

tries in the Middle East—

(i) provide awareness of and defend against such

threats; and

(ii) address current capability gaps.

(F) An explanation of the manner in which an

integrated maritime domain awareness and interdiction

architecture would improve collective security in the Middle

East.

(G) A description of existing and planned efforts to

engage ally and partner countries in the Middle East in

establishing such an architecture.

(H) An identification of the elements of such an

architecture that may be acquired and operated by ally

and partner countries in the Middle East, and a list of

such elements for each such ally and partner.

(I) An identification of the elements of such an architec-

ture that may only be provided and operated by members

of the United States Armed Forces.

(J) An identification of any challenge to optimizing

such an architecture in the Middle East.

(K) An assessment of progress and key challenges in

the implementation of the strategy required by paragraph

(1) using the metrics identified in accordance with para-

graph (3).

(L) Recommendations for improvements in the

implementation of such strategy based on such metrics.

Recommenda-

tion.

Assessment.

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137 STAT. 475 PUBLIC LAW 118–31—DEC. 22, 2023

(M) An assessment of any capabilities or lessons from

the Navy’s Task Force 59 that may be leveraged to support

an integrated maritime domain awareness and interdiction

capability in the Middle East.

(N) A cost estimate of establishing an integrated mari-

time domain awareness and interdiction capability, and

an assessment of the resources that could be contributed

by ally and partner countries of the United States to estab-

lish and strengthen such capability.

(O) Any other matter the Secretary of Defense con-

siders relevant.

(3) M

ETRICS

.—The Secretary of Defense shall identify

metrics to assess progress in the implementation of the strategy

required by paragraph (1).

(4) F

ORMAT

.—The strategy required by paragraph (1) shall

be submitted in unclassified form but may include a classified

annex.

ROTECTION OF

ENSITIVE

NFORMATION

.—Any activity car-

ried out under this section shall be conducted in a manner that

appropriately protects sensitive information and the national secu-

rity interests of the United States.

(d) A

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committee on Armed Services, the Committee on

Appropriations, and the Committee on Foreign Relations of

the Senate; and

(2) the Committee on Armed Services, the Committee on

Appropriations, and the Committee on Foreign Affairs of the

House of Representatives.

SEC. 1262. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR

DETAINED ISIS MEMBERS AND RELEVANT POPULATIONS

IN SYRIA.

(a) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the Committee on Armed Services, the Committee

on Foreign Relations, the Committee on the Judiciary, the

Committee on Banking, Housing, and Urban Affairs, the

Select Committee on Intelligence, and the Committee on

Appropriations of the Senate; and

(B) the Committee on Armed Services, the Committee

on Foreign Affairs, the Committee on the Judiciary, the

Committee on Financial Services, the Permanent Select

Committee on Intelligence, and the Committee on Appro-

priations of the House of Representatives.

(2) ISIS

MEMBER

.—The term ‘‘ISIS member’’ means a per-

son who was part of, or substantially supported, the Islamic

State in Iraq and Syria.

(3) S

ENIOR COORDINATOR

.—The term ‘‘Senior Coordinator’’

means the coordinator for detained ISIS members and relevant

displaced populations in Syria designated under subsection (a)

of section 1224 of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1642), as

amended by subsection (d).

(b) S

ENSE OF

ONGRESS

.—

It is the sense of Congress that—

Cost estimate.

Assessment.

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137 STAT. 476 PUBLIC LAW 118–31—DEC. 22, 2023

(A) ISIS detainees held by the Syrian Democratic

Forces and ISIS-affiliated individuals located within dis-

placed persons camps in Syria pose a significant and

growing humanitarian challenge and security threat to the

region;

(B) the vast majority of individuals held in displaced

persons camps in Syria are women and children, approxi-

mately 50 percent of whom are under the age of 12 at

the al-Hol camp, and they face significant threats of

violence and radicalization, as well as lacking access to

adequate sanitation and health care facilities;

solution to such camps through repatriation and reintegra-

tion of the inhabitants;

(D) the United States should work closely with inter-

national allies and partners to facilitate the repatriation

and reintegration efforts required to provide a long-term

solution for such camps and prevent the resurgence of

ISIS; and

(E) if left unaddressed, such camps will continue to

be drivers of instability that jeopardize the long-term pros-

pects for peace and stability in the region.

TATEMENT OF

OLICY

.—It is the policy of the United States

that—

(1) ISIS-affiliated individuals located within displacement

camps in Syria, and other inhabitants of displacement camps

in Syria, be repatriated and, where appropriate, prosecuted,

or where possible, reintegrated into their country of origin,

consistent with all relevant domestic laws and applicable inter-

national laws prohibiting refoulement; and

(2) the camps will be closed as soon as is practicable.

(d) M

ODIFICATION OF

STABLISHMENT OF

OORDINATOR FOR

ETAINED

ISIS M

EMBERS AND

ELEVANT

ISPLACED

OPULATIONS

YRIA

.—Section 1224 of the National Defense Authorization Act

for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1642) is

amended—

(1) by striking subsection (a);

(2) by amending subsection (b) to read as follows:

‘‘(a) D

ESIGNATION

.—

‘‘(1) I

N GENERAL

.—The President, in consultation with the

Secretary of Defense, the Secretary of State, the Director of

National Intelligence, the Secretary of the Treasury, the

Administrator of the United States Agency for International

Development, and the Attorney General, shall designate an

existing official to serve within the executive branch as senior-

level coordinator to coordinate, in conjunction with other rel-

evant agencies, matters related to ISIS members who are in

the custody of the Syrian Democratic Forces and other relevant

displaced populations in Syria, including—

‘‘(A) by engaging foreign partners to support the repa-

triation and disposition of such individuals, including by

encouraging foreign partners to repatriate, transfer, inves-

tigate, and prosecute such ISIS members, and share

information;

‘‘(B) coordination of all multilateral and international

engagements led by the Department of State and other

President.

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137 STAT. 477 PUBLIC LAW 118–31—DEC. 22, 2023

agencies that are related to the current and future han-

dling, detention, and prosecution of such ISIS members;

‘‘(C) the funding and coordination of the provision of

technical and other assistance to foreign countries to aid

in the successful investigation and prosecution of such ISIS

members, as appropriate, in accordance with relevant

domestic laws, international humanitarian law, and other

internationally recognized human rights and rule of law

standards;

‘‘(D) coordination of all multilateral and international

engagements related to humanitarian access and provision

of basic services to, and freedom of movement and security

and safe return of, displaced persons at camps or facilities

in Syria that hold family members of such ISIS members;

‘‘(E) coordination with relevant agencies on matters

described in this section; and

‘‘(F) any other matter the President considers relevant.

‘‘(2) R

ULE OF CONSTRUCTION

.—If, on the date of the enact-

ment of the National Defense Authorization Act for Fiscal Year

2024, an individual has already been designated, consistent

with the requirements and responsibilities described in para-

graph (1), the requirements under that paragraph shall be

considered to be satisfied with respect to such individual until

the date on which such individual no longer serves as the

Senior Coordinator.’’;

(3) in subsection (c), by striking ‘‘subsection (b)’’ and

inserting ‘‘subsection (a)’’;

(4) in subsection (d), by striking ‘‘subsection (b)’’ and

inserting ‘‘subsection (a)’’;

(5) in subsection (e), by striking ‘‘January 31, 2021’’ and

inserting ‘‘January 31, 2025’’;

(6) in subsection (f)—

(A) by redesignating paragraph (2) as paragraph (3);

(B) by inserting after paragraph (1) the following new

paragraph (2):

‘‘(2) S

ENIOR COORDINATOR

.—The term ‘Senior Coordinator’

means the individual designated under subsection (a).’’; and

‘‘(4) R

ELEVANT AGENCIES

.—The term ‘relevant agencies’

means—

‘‘(A) the Department of State;

‘‘(B) the Department of Defense;

‘‘(C) the Department of the Treasury;

‘‘(D) the Department of Justice;

‘‘(E) the United States Agency for International

Development;

‘‘(F) the Office of the Director of National Intelligence;

and

‘‘(G) any other agency the President considers rel-

evant.’’; and

(7) by redesignating subsections (c) through (f) as sub-

sections (b) through (e), respectively.

(e) S

TRATEGY ON

ISIS-R

ELATED

ETAINEE AND

ISPLACEMENT

AMPS IN

YRIA

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of State, in coordina-

tion with the Secretary of Defense, the Director of National

Deadline.

Definition.

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137 STAT. 478 PUBLIC LAW 118–31—DEC. 22, 2023

Intelligence, the Secretary of the Treasury, the Administrator

of the United States Agency for International Development,

and the Attorney General, shall submit to the appropriate

committees of Congress an interagency strategy with respect

to ISIS-affiliated individuals and ISIS-related detainee and

other displaced persons camps in Syria.

(2) E

LEMENTS

.—The strategy required by paragraph (1)

shall include—

(A) methods to address—

(i) disengagement from and prevention of recruit-

ment into violence, violent extremism, and other illicit

activity in such camps;

(ii) efforts to encourage and facilitate repatriation

and, as appropriate, investigation and prosecution of

foreign nationals from such camps, consistent with all

relevant domestic and applicable international laws;

(iii) the return and reintegration of displaced

Syrian and Iraqi women and children into their

communities of origin;

(iv) international engagement to develop processes

for repatriation and reintegration of foreign nationals

from such camps;

(v) contingency plans for the relocation of detained

and displaced persons who are not able to be repatri-

ated from such camps;

(vi) efforts to improve the humanitarian conditions

in such camps, including through the delivery of medi-

cine, psychosocial support, clothing, education, and

improved housing; and

(vii) assessed humanitarian and security needs of

all camps and detainment facilities based on

prioritization of such camps and facilities most at risk

of humanitarian crises, external attacks, or internal

violence;

(B) an assessment of—

(i) rehabilitation centers in northeast Syria,

including humanitarian conditions and processes for

admittance and efforts to improve both humanitarian

conditions and admittance processes for such centers

and camps, as well as on the prevention of youth

radicalization; and

(ii) processes for being sent to, and resources

directed towards, rehabilitation centers and programs

in countries that receive returned ISIS affiliated

individuals, with a focus on the prevention of

radicalization of minor children;

(i) security conditions, including by training of per-

sonnel and through construction; and

(ii) humanitarian conditions;

(D) a framework for measuring progress of humani-

tarian, security, and repatriation efforts with the goal of

closing such camps; and

(E) any other matter the Secretary of State considers

appropriate.

Framework.

Plan.

Assessment.

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137 STAT. 479 PUBLIC LAW 118–31—DEC. 22, 2023

(3) F

ORM

.—The strategy required by paragraph (1) shall

be submitted in unclassified form but may include a classified

annex that is transmitted separately.

(f) A

NNUAL

NTERAGENCY

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, and not less frequently than

annually thereafter through January 31, 2025, the Senior

Coordinator, in coordination with the relevant agencies, shall

submit to the appropriate committees of Congress a detailed

report that includes the following:

(A) A detailed description of the facilities and camps

where detained ISIS members, and families with perceived

ISIS affiliation, are being held and housed, including—

(i) a description of the security and management

of such facilities and camps;

(ii) an assessment of resources required for the

security of such facilities and camps;

(iii) an assessment of the adherence by the opera-

tors of such facilities and camps to international

humanitarian law standards; and

(iv) an assessment of children held within such

facilities and camps that may be used as part of smug-

gling operations to evade security at the facilities and

camps.

(B) A description of all efforts undertaken by, and

the resources needed for, the United States Government

to address deficits in the humanitarian environment and

security of such facilities and camps.

engagements related to humanitarian access and provision

of basic services to, and freedom of movement and security

and safe return of, displaced persons at camps or facilities

in Iraq, Syria, and any other area affected by ISIS activity,

including a description of—

(i) support for efforts by the Syrian Democratic

Forces to facilitate the return and reintegration of

displaced people from Iraq and Syria;

(ii) repatriation efforts with respect to displaced

women and children and male children aging into

adults while held in these facilities and camps;

(iii) any current or future potential threat to

United States national security interests posed by

detained ISIS members or displaced families, including

an analysis of the al-Hol camp and annexes; and

(iv) United States Government plans and strate-

gies to respond to any threat identified under clause

(iii).

(D) The number of individuals repatriated from the

custody of the Syrian Democratic Forces.

(E) An analysis of factors on the ground in Syria and

Iraq that may result in the unintended release of detained

or displaced ISIS members, and an assessment of any

measures available to mitigate such releases.

(F) A detailed description of efforts to encourage the

final disposition and security of detained or displaced ISIS

members with other countries and international organiza-

tions.

Analysis.

Assessments.

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137 STAT. 480 PUBLIC LAW 118–31—DEC. 22, 2023

(G) A description of foreign repatriation and rehabilita-

tion programs deemed successful systems to model, and

an analysis of the long-term results of such programs.

(H) A description of the manner in which the United

States Government communicates regarding repatriation

and disposition efforts with the families of United States

citizens believed to have been victims of a criminal act

by a detained or displaced ISIS member, in accordance

with section 503(c) of the Victims’ Rights and Restitution

Act of 1990 (34 U.S.C. 20141(c)) and section 3771 of title

18, United States Code.

(I) An analysis of all efforts between the United States

and partner countries within the Global Coalition to Defeat

ISIS or other countries to share related information that

may aid in resolving the final disposition of ISIS members,

and any obstacles that may hinder such efforts.

(J) Any other matter the Coordinator considers appro-

priate.

(2) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form but may include a classified

annex that is transmitted separately.

(g) R

ULE OF

ONSTRUCTION

.—Nothing in this section, or an

amendment made by this section, may be construed—

(1) to limit the authority of any Federal agency to independ-

ently carry out the authorized functions of such agency; or

(2) to impair or otherwise affect the activities performed

by that agency as granted by law.

SEC. 1263. EXTENSION AND MODIFICATION OF AUTHORITY TO PRO-

VIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF

IRAQ AND SYRIA.

(a) I

ENERAL

.—Subsection (a) of section 1236 of the Carl

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-

tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559)

is amended, in the matter preceding paragraph (1)—

(1) by striking ‘‘$4,000,000’’ and inserting ‘‘$6,000,000’’; and

(2) by striking ‘‘December 31, 2023’’ and inserting

‘‘December 31, 2024’’.

(b) F

UNDING

.—Subsection (g) of such section is amended by

striking ‘‘Overseas Contingency Operations for fiscal year 2023,

there are authorized to be appropriated $358,000,000’’ and inserting

‘‘fiscal year 2024, there is authorized to be appropriated

$241,950,000’’.

IMITATION ON

OST OF

ONSTRUCTION

, R

EPAIR

AND

OVATION

ROJECTS

.—Subsection (o) of such section is amended—

(1) in paragraph (1)—

(A) by striking ‘‘(1) I

N GENERAL

.—The President’’ and

inserting ‘‘(1) A

UTHORITY OF PRESIDENT

.—The President’’;

and

(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘para-

graph (3)’’;

(2) by redesignating paragraphs (2), (3), (4), and (5) as

paragraphs (3), (4), (5), and (6), respectively;

(3) by inserting after paragraph (1) (as so amended) the

following:

‘‘(2) A

UTHORITY OF SECRETARY OF DEFENSE

.—

Waivers.

President.

Notifications.

Analysis.

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137 STAT. 481 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) I

N GENERAL

.—The Secretary of Defense may fur-

ther adjust the total cost of a project subsequent to a

waiver by the President of the dollar amount limitation

in subsection (a) if—

‘‘(i) such total cost does not exceed the sum of—

‘‘(I) the cost estimate for the project as

required by paragraph (4)(B)(i) that is included

in the notification submitted by the President

pursuant to such waiver; and

‘‘(II) the amount that is 50 percent of such

cost estimate; and

‘‘(ii) the Secretary submits to the appropriate

congressional committees a notification of the exercise

of the adjustment.

‘‘(B) S

COPE

.—The Secretary may modify the scope of

a project subsequent to a waiver by the President of the

dollar amount limitation in subsection (a) if the Secretary

submits to the appropriate congressional committees a

notification of the exercise of the modification.’’;

(4) in paragraph (4) (as so redesignated)—

(A) in subparagraph (A), by adding at the end the

following: ‘‘A project with respect to which the exercise

of a further adjustment to the total cost of the project

under paragraph (2)(A) applies or with respect to which

the exercise of a modification to the scope of the project

under paragraph (2)(B) applies may only be carried out

after the end of a 15-day period beginning on the date

on which the appropriate congressional committees receive

the notification required by paragraph (2)(A) or (2)(B), as

the case may be.’’; and

(B) in subparagraph (B), in the matter preceding clause

(i), by inserting ‘‘, (2)(A), or (2)(B)’’ after ‘‘(1)(B)’’; and

(5) in paragraph (6) (as so redesignated)—

(A) by striking ‘‘waiver authority’’ and inserting

‘‘waiver and other authorities’’; and

(B) by striking ‘‘December 31, 2023’’ and inserting

‘‘December 31, 2024’’.

SEC. 1264. EXTENSION AND MODIFICATION OF AUTHORITY TO PRO-

VIDE ASSISTANCE TO VETTED SYRIAN GROUPS AND

INDIVIDUALS.

(a) E

XTENSION

.—Subsection (a) of section 1209 of the Carl

Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-

tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541)

is amended, in the matter preceding paragraph (1), by striking

‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’.

(b) L

IMITATION ON

OST OF

ONSTRUCTION AND

EPAIR

ROJECTS

.—Subsection (l) of such section is amended—

(1) in paragraph (1)(A), by striking ‘‘$4,000,000’’ and

inserting ‘‘$6,000,000’’; and

(2) in paragraph (3)—

(A) by striking ‘‘(A) I

N GENERAL

.—The President’’ and

inserting ‘‘(A) A

UTHORITY OF PRESIDENT

.—The President’’;

(B) by redesignating subparagraphs (B), (C), and (D)

as subparagraphs (C), (D), and (E), respectively;

the following:

Applicability.

Time period.

Effective date.

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137 STAT. 482 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) A

UTHORITY OF SECRETARY OF DEFENSE

.—

‘‘(i) I

N GENERAL

.—The Secretary of Defense may

further adjust the total cost of a project subsequent

to a waiver by the President of the limitation under

paragraph (1)(A) if—

‘‘(I) such total cost does not exceed the sum

of—

‘‘(aa) the cost estimate for the project as

required by subparagraph (C)(ii)(I) that is

included in the notification submitted by the

President pursuant to such waiver; and

‘‘(bb) the amount that is 50 percent of

such cost estimate; and

‘‘(II) the Secretary submits to the appropriate

congressional committees a notification of the exer-

cise of the adjustment.

‘‘(ii) S

COPE

.—The Secretary may modify the scope

of a project subsequent to a waiver by the President

of the limitation under paragraph (1)(A) if the Sec-

retary submits to the appropriate congressional

committees a notification of the exercise of the modi-

fication.’’;

(D) in subparagraph (C) (as so redesignated)—

(i) in clause (i), by adding at the end the following:

‘‘A project with respect to which the exercise of a

further adjustment to the total cost of the project under

subparagraph (B)(i) applies or with respect to which

the exercise of a modification to the scope of the project

under subparagraph (B)(ii) applies may only be carried

out after the end of a 15-day period beginning on

the date on which the appropriate congressional

committees receive the notification required by

subparagraph (B)(i) or (B)(ii), as the case may be.’’;

and

(ii) in clause (ii), in the matter preceding subclause

(I), by inserting ‘‘, (B)(i), or (B)(ii)’’ after ‘‘(A)(ii)’’; and

(E) in subparagraph (E) (as so redesignated)—

(i) by striking ‘‘waiver authority’’ and inserting

‘‘waiver and other authorities’’; and

(ii) by striking ‘‘December 31, 2023’’ and inserting

‘‘December 31, 2024’’.

SEC. 1265. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND

ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION

IN IRAQ.

(a) L

IMITATION ON

MOUNT

.—Subsection (c) of section 1215

of the National Defense Authorization Act for Fiscal Year 2012

(10 U.S.C. 113 note) is amended—

(1) by striking ‘‘fiscal year 2022’’ and inserting ‘‘fiscal year

2024’’; and

(2) by striking ‘‘$25,000,000’’ and inserting ‘‘$18,000,000’’.

(b) S

OURCE OF

UNDS

.—Subsection (d) of such section is

amended by striking ‘‘fiscal year 2023’’ and inserting ‘‘fiscal year

2024’’.

Applicability.

Time period.

Effective date.

Waiver.

President.

Notification.

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137 STAT. 483 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1266. PLAN OF ACTION TO EQUIP AND TRAIN IRAQI SECURITY

FORCES AND KURDISH PESHMERGA FORCES.

(a) I

ENERAL

.—Not later than February 1, 2024, the Sec-

retary of Defense, in consultation with the Secretary of State,

shall develop a plan of action to equip and train Iraqi security

forces and Kurdish Peshmerga forces to defend against attack by

missiles, rockets, and unmanned systems. The plan of action shall

be based on and informed by the results of the report submitted

by the Secretary of Defense pursuant to section 1237 of the James

M. Inhofe National Defense Authorization Act for Fiscal Year 2023

(Public Law 117–263; 136 Stat. 2839).

(b) M

ATTERS TO

NCLUDED

.—The plan required by subsection

(a) shall include the following:

(1) The provision of available equipment to Iraq and the

Iraqi Kurdistan Region to counter the air and missile threats

addressed in the report, to include air defense systems, to

counter attack by missiles, rockets, and unmanned systems.

(2) The provision of appropriate training of Iraqi security

forces and Kurdish Peshmerga forces to support fielding and

operational employment of the available equipment described

in paragraph (1).

MPLEMENTATION

.—

(1) I

N GENERAL

.—The Secretary of Defense shall begin

implementation of the plan required by subsection (a) not later

than 90 days after development of the plan required by sub-

section (a).

(2) W

AIVER

.—The Secretary of Defense may delay

implementation of the plan required by subsection (a) if such

implementation would adversely impact United States stocks

and readiness.

(3) C

ONGRESSIONAL NOTIFICATION

.—If the Secretary of

Defense exercises the waiver authority under paragraph (2),

the Secretary shall—

(A) notify the congressional defense committees of the

exercise of such authority and the reason therefor not

later than 10 days prior to the exercise of such authority;

and

(B) notify the congressional defense committees of the

exercise of such authority every 30 days thereafter until

implementation of the plan required by subsection (a)

begins.

(d) C

ONGRESSIONAL

RIEFING

.—Not later than July 1, 2024,

the Secretary of Defense should provide to the congressional defense

committees a briefing on progress of the air defense equipping

and training effort against the air and missile threat to Iraq,

including in the Iraqi Kurdistan Region.

SEC. 1267. PROHIBITION ON TRANSFERS TO THE BADR ORGANIZATION.

None of the amounts authorized to be appropriated by this

Act or otherwise made available to the Department of Defense

may be made available, directly or indirectly, to the Badr Organiza-

tion.

10 USC 2241

note.

10 USC 113 note.

Deadlines.

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137 STAT. 484 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1268. EXTENSION AND MODIFICATION OF ANNUAL REPORT ON

MILITARY POWER OF IRAN.

(a) M

ATTERS TO

NCLUDED

.—Subsection (b) of section 1245

of the National Defense Authorization Act for Fiscal Year 2010

(Public Law 111–84) is amended—

(1) in paragraph (2)(D), by inserting after ‘‘Iran’s conven-

tional forces’’ the following: ‘‘and Iran’s unconventional or par-

allel military forces’’;

(2) in paragraph (4)—

(A) in subparagraph (B), by striking ‘‘missile launch

sites’’ and inserting ‘‘missile launch and storage sites’’;

(B) in subparagraph (C), by striking ‘‘; and’’ at the

end;

the end and inserting a semicolon; and

(D) by adding at the end the following:

‘‘(E) an assessment of Iran’s space launch vehicle pro-

gram and the ability of Iran to use those technologies

to develop and field an intercontinental ballistic missile;

‘‘(F) a detailed analysis of the effectiveness of Iran’s

drone forces; and

‘‘(G) a description or estimation of the threat posed

by Iran’s Islamic Revolutionary Guard Corps to European

citizens or to member countries of the European Union.’’;

(3) in paragraph (7), by inserting ‘‘the People’s Republic

of China,’’ before ‘‘Cuba’’; and

(4) by adding at the end the following:

‘‘(9) An assessment of the threat posed by Iran against

United States and partner military bases, to include missile,

unmanned aircraft systems, and loitering munition attacks.

‘‘(10) An assessment of the sale, supply, or transfer of

narcotics in the Middle East region by the Islamic Revolu-

tionary Guard Corps and Iran backed groups.

‘‘(11) An assessment of groups that are supported by Iran

and designated by the United States as foreign terrorist

organizations and regional military groups, including

Hezbollah, Hamas, the Houthis, and the Special Groups in

Iraq, in particular those forces as having been assessed as

to be willing to carry out terrorist operations on behalf of

Iran.

‘‘(12) An assessment of how Iran would utilize additional

resources to further activities described in paragraphs (1)

through (9).’’.

(b) D

EFINITIONS

.—Subsection (c)(1)(B) of such section is

amended to read as follows:

‘‘(B) includes all branches and sub-branches of Iran’s

national army or Artesh, such as its ground forces, air

force, navy, and air defense forces as well as most branches

of its parallel military, and the Islamic Revolutionary

Guard Corps excluding its Quds-Force.’’.

SEC. 1269. MODIFICATION AND UPDATE TO REPORT ON MILITARY

CAPABILITIES OF IRAN AND RELATED ACTIVITIES.

Section 1227 of the National Defense Authorization Act for

Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1972) is amended—

(1) in subsection (a)—

Assessments.

Estimate.

Assessment.

10 USC 113 note.

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137 STAT. 485 PUBLIC LAW 118–31—DEC. 22, 2023

(A) in paragraph (1)(C), by inserting ‘‘ballistic and

cruise’’ after ‘‘instances of’’; and

(B) in paragraph (2)—

(i) in subparagraph (F), by striking ‘‘The United

Nations’’ and inserting ‘‘The effect of the United

Nations’’; and

(ii) by adding at the end the following new

subparagraph:

‘‘(H) Iranian involvement in regional narcotics trade,

to include the following:

‘‘(i) Any element of the Government of Iran,

including the Islamic Revolutionary Guard Corps (in

this section referred to as the ‘IRGC’) and any Iran-

backed group operating in Iraq, Syria, Lebanon, or

Yemen, that supports the sale, supply, or transfer of

narcotics in the Middle East region.

‘‘(ii) The benefits accrued from the sale, supply,

and transfer of narcotics in the region by any element

of the Government of Iran, including the IRGC and

any Iran-backed groups operating in Iraq, Syria, Leb-

anon, or Yemen.

‘‘(iii) All foreign terrorist organizations to or for

which the IRGC, or any person owned or controlled

by the IRGC, provides material support in the sale,

supply, transfer, or production of captagon or other

related narcotics or precursors in the Middle East and

North Africa.

‘‘(iv) Activities conducted by the IRGC in Afghani-

stan related to the trade of methamphetamine or opi-

ates, including synthetic opiates.

‘‘(v) All intercepted transfers involving the United

States Fifth Fleet of narcotics from Iran or involving

Iranian nationals or persons acting, or purporting to

act, for or on behalf of the Government of Iran,

including the IRGC.

‘‘(I) Islamic Revolutionary Guard Corps-affiliated

operatives serving in diplomatic and consular posts, cul-

tural centers, religious institutions, and religious functions

outside of Iran and actions taken by the Secretary of

Defense, the Secretary of State, and the heads of the ele-

ments of the intelligence community (as such term is

defined in section 3 of the National Security Act of 1947

(50 U.S.C. 3003), consistent with the necessary protections

for sources and methods, to reduce the influence of such

operations.’’;

(2) by redesignating subsection (c) and (d) as subsections

(d) and (e), respectively;

(3) by inserting after subsection (b) the following new sub-

section:

‘‘(c) U

PDATED

EPORT

.—Not later than 180 days after the date

of the enactment of the National Defense Authorization Act of

2024, the Director of National Intelligence shall submit to the

appropriate congressional committees an updated report that

includes each of the matters listed in paragraphs (1) and (2) of

subsection (a) and covers developments during the period beginning

in June 2022 and ending on the day before the date on which

the updated report is submitted.’’; and

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137 STAT. 486 PUBLIC LAW 118–31—DEC. 22, 2023

(4) in subsection (d), as so redesignated, by inserting ‘‘,

and the updated report required by subsection (b),’’ after ‘‘report

required by subsection (a)’’.

SEC. 1270. PROHIBITION ON FUNDS TO IRAN.

None of the amounts authorized to be appropriated by this

Act to the Department of Defense may be made available, directly

or indirectly, to—

(1) the Government of Iran;

(2) any person owned or controlled by the Government

of Iran;

(3) any person identified on the list of specially designated

nationals and blocked persons maintained by the Office of

Foreign Assets Control of the Department of the Treasury,

the property and interests in property of which are blocked

pursuant to the International Emergency Economic Powers Act;

(4) any person owned or controlled by a person described

in paragraph (3); or

(5) the Badr organization, Saraya Khorasani, or Kata’ib

al-Imam Ali.

SEC. 1271. PROHIBITION ON TRANSPORTING CURRENCY TO THE

TALIBAN AND THE ISLAMIC EMIRATE OF AFGHANISTAN.

None of the amounts authorized to be appropriated by this

Act or otherwise made available to the Department of Defense

may be made available for the operation of any aircraft of the

Department of Defense to transport currency or other items of

value to the Taliban, the Islamic Emirate of Afghanistan, or any

subsidiary, agent, or instrumentality of either the Taliban or the

Islamic Emirate of Afghanistan.

SEC. 1272. PROHIBITION ON FUNDING FOR THE TALIBAN.

(a) P

ROHIBITION ON

UNDING

.—None of the funds authorized

to be appropriated by this Act or otherwise made available for

the Department of Defense for fiscal year 2024 may be made avail-

able to provide any form of United States assistance to the Taliban

or to any Taliban affiliate.

(b) N

ATIONAL

ECURITY

ERTIFICATION

.—The Secretary of

Defense may waive the prohibition under subsection (a) on a case-

by-case basis if the Secretary submits to the congressional defense

committees an unclassified, written certification, which may include

a classified annex, that such prohibition would be detrimental to

national security interests of the United States or threaten the

health and safety of the Afghan people.

FFILIATE

EFINED

.—In this section, the term ‘‘affiliate’’

means, with respect to the Taliban—

(1) a person that is closely associated with the Taliban;

(2) a person that has a common purpose with 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.

Waiver.

Classified

information.

10 USC 2241

note.

Saraya

Khorasani.

Kata’ib al-Imam

Ali.

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137 STAT. 487 PUBLIC LAW 118–31—DEC. 22, 2023

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.

ART

1—A

DMINISTRATIVE

ROVISIONS

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.

ART

2—S

TREAMLINING AND

ROTECTING

RANSFERS OF

NITED

TATES

ILITARY

ECHNOLOGY

ROM

OMPROMISE

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.

ART

3—AUKUS S

UBMARINE

RANSFER

UTHORIZATION

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.

Sec. 1354. Appropriate congressional committees and leadership defined.

Subtitle A—Matters Relating to the Indo-

Pacific Region

SEC. 1301. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PART-

NERSHIPS IN THE INDO-PACIFIC REGION.

It is the sense of Congress that the Secretary of Defense should

continue efforts that strengthen United States defense alliances

and partnerships in the Indo-Pacific region so as to further the

comparative advantage of the United States in strategic competition

with the People’s Republic of China, including by—

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137 STAT. 488 PUBLIC LAW 118–31—DEC. 22, 2023

(1) enhancing cooperation with Japan, consistent with the

Treaty of Mutual Cooperation and Security Between the United

States of America and Japan, signed at Washington, January

19, 1960, including by developing advanced military capabili-

ties, fostering interoperability across all domains, and

improving sharing of information and intelligence;

(2) reinforcing the United States alliance with the Republic

of Korea, including by maintaining the presence of approxi-

mately 28,500 members of the United States Armed Forces

deployed to the country and affirming the United States

commitment to extended deterrence using the full range of

United States defense capabilities, and with deeper coordination

on nuclear deterrence as highlighted in the Washington Dec-

laration adopted by President Biden and President Yoon Suk

Yeol during President Yoon Suk Yeol’s state visit on April

26, 2023, consistent with the Mutual Defense Treaty Between

the United States and the Republic of Korea, signed at Wash-

ington, October 1, 1953, in support of the shared objective

of a peaceful and stable Korean Peninsula;

(3) fostering bilateral and multilateral cooperation with

Australia, consistent with the Security Treaty Between Aus-

tralia, New Zealand, and the United States of America, signed

at San Francisco, September 1, 1951, and through the partner-

ship among Australia, the United Kingdom, and the United

States (commonly known as ‘‘AUKUS’’)—

(A) to advance shared security objectives;

(B) to accelerate the fielding of advanced military

capabilities; and

(4) advancing United States alliances with the Philippines

and Thailand and United States partnerships with other part-

ners in the Association of Southeast Asian Nations to enhance

maritime domain awareness, promote sovereignty and terri-

torial integrity, leverage technology and promote innovation,

and support an open, inclusive, and rules-based regional

architecture;

(5) broadening United States engagement with India,

including through the Quadrilateral Security Dialogue—

(A) to advance the shared objective of a free and open

Indo-Pacific region through bilateral and multilateral

engagements and participation in military exercises,

expanded defense trade, and collaboration on humanitarian

aid and disaster response; and

(B) to enable greater cooperation on maritime security;

(6) strengthening the United States partnership with

Taiwan, consistent with the Three Communiques, the Taiwan

Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), and

the Six Assurances, with the goal of improving Taiwan’s defen-

sive capabilities and promoting peaceful cross-strait relations;

(7) reinforcing the status of the Republic of Singapore as

a Major Security Cooperation Partner of the United States

and continuing to strengthen defense and security cooperation

between the military forces of the Republic of Singapore and

the Armed Forces of the United States, including through

participation in combined exercises and training;

(8) engaging with the Federated States of Micronesia, the

Republic of the Marshall Islands, the Republic of Palau, and

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137 STAT. 489 PUBLIC LAW 118–31—DEC. 22, 2023

other Pacific Island countries with the goal of strengthening

regional security and addressing issues of mutual concern,

including protecting fisheries from illegal, unreported, and

unregulated fishing; and

(9) collaborating with Canada, the United Kingdom,

France, and other members of the European Union and the

North Atlantic Treaty Organization to build connectivity and

advance a shared vision for the region that is principled, long-

term, and anchored in democratic resilience.

SEC. 1302. EXTENSION OF PACIFIC DETERRENCE INITIATIVE AND

REPORT, BRIEFINGS, AND PLAN UNDER THE INITIATIVE.

(a) E

XTENSION OF

NITIATIVE

.—Subsection (c) of section 1251

of the William M. (Mac) Thornberry National Defense Authorization

Act for Fiscal Year 2021 (10 U.S.C. 113 note) is amended—

(1) by striking ‘‘the National Defense Authorization Act

for Fiscal Year 2023’’ and inserting ‘‘the National Defense

Authorization Act for Fiscal Year 2024’’; and

(2) by striking ‘‘fiscal year 2023’’ and inserting ‘‘fiscal year

2024’’.

(b) E

XTENSION OF

EPORT AND

RIEFINGS

.—Subsection (d) of

such section is amended—

(1) in paragraph (1)(A), by striking ‘‘fiscal years 2024 and

2025’’ and inserting ‘‘fiscal years 2025 and 2026’’; and

(2) in paragraph (2), by striking ‘‘fiscal years 2023 and

2024’’ each place it appears and inserting ‘‘fiscal years 2025

and 2026’’.

XTENSION OF

LAN

.—Subsection (e) of such section is

amended by striking ‘‘fiscal years 2023 and 2024’’ and inserting

‘‘fiscal years 2025 and 2026’’.

SEC. 1303. MODIFICATION OF PILOT PROGRAM TO DEVELOP YOUNG

CIVILIAN DEFENSE LEADERS IN THE INDO-PACIFIC

REGION.

Section 1261 of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (10 U.S.C. 311 note) is

amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘a national defense mission’’ and inserting ‘‘a defense-

related national security mission’’; and

(B) by inserting ‘‘and other appropriate ministries with

a defense-related national security mission’’ after ‘‘civilian

leaders in foreign partner ministries of defense’’ each place

it appears; and

(2) in subsection (c), by striking ‘‘civilian defense leaders

from foreign partner ministries of defense’’ and inserting

‘‘civilian leaders in foreign partner ministries of defense and

other appropriate ministries with a defense-related national

security mission’’.

SEC. 1304. INDO-PACIFIC CAMPAIGNING INITIATIVE.

(a) I

ENERAL

.—The Secretary of Defense shall establish,

and the Commander of the United States Indo-Pacific Command

shall carry out, an Indo-Pacific Campaigning Initiative (in this

section referred to as the ‘‘Initiative’’) for purposes of—

(1) strengthening United States alliances and partnerships

with foreign military partners in the Indo-Pacific region;

10 USC 333 note.

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137 STAT. 490 PUBLIC LAW 118–31—DEC. 22, 2023

(2) deterring military aggression by potential adversaries

against the United States and allies and partners of the United

States;

(3) dissuading strategic competitors from seeking to achieve

their objectives through the conduct of military activities below

the threshold of traditional armed conflict;

(4) improving the understanding of the United States

Armed Forces with respect to the operating environment in

the Indo-Pacific region;

(5) shaping the perception of potential adversaries with

respect to United States military capabilities and the military

capabilities of allies and partners of the United States in the

Indo-Pacific region; and

(6) improving the ability of the United States Armed Forces

to coordinate and operate with foreign military partners in

the Indo-Pacific region.

(b) B

RIEFING AND

EPORT

.—

(1) B

RIEFING

.—Not later than March 1, 2024, the Secretary

shall provide the congressional defense committees with a

briefing that describes ongoing and planned campaigning activi-

ties in the Indo-Pacific region for fiscal year 2024.

(2) R

EPORT

.—Not later than December 1, 2024, the Sec-

retary shall submit to the congressional defense committees

a report that—

(A) summarizes the campaigning activities conducted

in the Indo-Pacific region during fiscal year 2024; and

(B) includes—

(i) an assessment of the value each such activity

contributes to meeting strategic or operational objec-

tives relative to the commitment of resources of such

activity;

(ii) lessons learned in carrying out such activities;

(iii) any identified resource or authority gap that

has negatively impacted the implementation of the

Initiative; and

(iv) proposed plans for additional campaigning

activities in the Indo-Pacific region to fulfill the pur-

poses described in subsection (a).

AMPAIGNING

EFINED

.—In this section, the term ‘‘cam-

paigning’’—

(1) means the conduct and sequencing of logically linked

military activities to achieve strategy aligned objectives,

including modifying the security environment over time to the

benefit of the United States and the allies and partners of

the United States while limiting, frustrating, and disrupting

competitor activities; and

(2) includes deliberately planned military activities in the

Indo-Pacific region involving bilateral and multilateral engage-

ments with foreign partners, training, exercises, demonstra-

tions, experiments, and other activities to achieve the objectives

described in subsection (a).

SEC. 1305. INDO-PACIFIC MARITIME DOMAIN AWARENESS INITIATIVE.

(a) E

STABLISHMENT

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense, in coordina-

tion with the Secretary of State, shall seek to establish an initiative

with allies and partners of the United States, including Australia,

10 USC 333 note.

Plans.

Assessment.

Summaries.

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137 STAT. 491 PUBLIC LAW 118–31—DEC. 22, 2023

Japan, and India, to be known as the ‘‘Indo-Pacific Maritime

Domain Awareness Initiative’’ (in this section referred to as the

‘‘Initiative’’), to bolster maritime domain awareness in the Indo-

Pacific region.

(b) U

SE OF

UTHORITIES

.—In carrying out the Initiative, the

Secretary of Defense may use the authorities provided in chapter

16 of title 10, United States Code, and other applicable statutory

authorities available to the Secretary of Defense.

URPOSES

.—The purposes of the Initiative are as follows:

(1) To enhance the ability of allies and partners of the

United States in the Indo-Pacific region to monitor the maritime

domain of such region.

(2) To utilize emerging technologies to support maritime

domain awareness objectives.

(3) To provide a comprehensive understanding of the mari-

time domain in the Indo-Pacific region, including by facilitating

information sharing among such allies and partners.

SEC. 1306. LIMITATION ON AVAILABILITY OF FUNDS PENDING FEASI-

BILITY STUDY REGARDING DELIVERY OF HARPOON MIS-

SILES TO FOREIGN SECURITY PARTNERS.

(a) L

IMITATION

.—Of the funds authorized to be appropriated

by this Act for fiscal year 2024 and available for the Assistant

Secretary of the Navy for Research, Development and Acquisition,

not more than 85 percent may be obligated or expended until

the date on which the Assistant Secretary of the Navy for Research,

Development and Acquisition submits to the congressional defense

committees the feasibility study required by subsection (b).

(b) F

EASIBILITY

TUDY

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense, acting

through the Assistant Secretary of the Navy for Research,

Development and Acquisition, shall conduct a study to analyze

the feasibility and advisability of accelerating the provision

of Harpoon missiles to foreign security partners under existing

Foreign Military Sales cases, additional appropriations, and

pursuant to the authority provided under section 506 of the

Foreign Assistance Act of 1961 (22 U.S.C. 2318) or section

333 of title 10, United States Code.

(2) E

LEMENTS

.—The study required by paragraph (1) shall,

at a minimum, include the following:

(A) A list of existing Foreign Military Sales cases for

Harpoon missiles to foreign security partners.

(B) The current timeline for the delivery of Harpoon

missiles under each of the Foreign Military Sales cases

identified under subparagraph (A).

Harpoon missiles procured by foreign security partners

through the Foreign Military Sales process and rec-

ommendations, if any, for accelerating such contracting

timelines.

(D) An analysis of the feasibility and advisability of

accelerating the provision of Harpoon missiles to foreign

security partners under existing Foreign Military Sales

cases, including through—

(i) additional appropriations;

Timeline.

List.

Analysis.

Deadline.

Analysis.

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137 STAT. 492 PUBLIC LAW 118–31—DEC. 22, 2023

(ii) the authority provided under section 506 of

the Foreign Assistance Act of 1961 (22 U.S.C. 2318);

(iii) the authority provided in section 333 of title

10, United States Code;

(iv) any other authorities available to the Secretary

of Defense under title 10 of the United States Code.

(E) An analysis of the potential for the United States

Government to facilitize additional production capacity or

purchase additional Harpoon missiles for future provision

under section 506 of the Foreign Assistance Act of 1961

(22 U.S.C. 2318).

ONGRESSIONAL

RIEFING

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act and every 180 days thereafter

through December 31, 2027, the Secretary of Defense and Sec-

retary of State shall jointly provide the congressional defense

committees, the Committee on Foreign Affairs of the House

of Representatives, and the Committee on Foreign Relations

of the Senate a briefing on the current status of United States-

provided security assistance to Taiwan, including—

(A) a list of existing cases for defense articles and

services to be provided to Taiwan utilizing the authorities

described in paragraph (2), including, with respect to a

defense item or service planned or anticipated to be pro-

vided—

(i) a narrative description of the item or service;

(ii) the total value of the item or service;

(iii) the lead program office involved in the provi-

sion of the item or service; and

(iv) the vendor of the item or service;

(B) the estimated delivery schedule for each case identi-

fied under subparagraph (A);

subparagraph (A) that has been delayed by more than

3 months from the original estimated delivery schedule;

(D) any actions the Department of State and the

Department of Defense have identified to prevent delays

or accelerate the delivery of any case identified under

subparagraph (A); and

(E) any other matters determined to be relevant by

the Secretary of State and the Secretary of Defense.

(2) A

UTHORITIES DESCRIBED

.—The authorities described in

this paragraph are the following:

(A) The Foreign Military Financing, Foreign Military

Sales, and Direct Commercial Sales programs of the

Department of State.

(B) The Department of Defense security assistance

authorized by chapter 16 of title 10, United States Code.

programs authorized by chapter 5 of part II of the Foreign

Assistance Act of 1961 (22 U.S.C. 2347 et seq.).

(D) Section 506 of the Foreign Assistance Act of 1961

(22 U.S.C. 2318).

(E) The provision of excess defense articles pursuant

to the requirements of the Arms Export Control Act (22

U.S.C. 2751 et seq.).

Estimate.

List.

Deadline.

Taiwan.

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137 STAT. 493 PUBLIC LAW 118–31—DEC. 22, 2023

(F) Any other authority available to the Secretary of

Defense or the Secretary of State.

SEC. 1307. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.

It is the sense of Congress that—

(1) the United States’ one China policy, as guided by the

Taiwan Relations Act (Public Law 96–8; 22 U.S.C. et seq.),

the Three Communiques between the United States and the

People’s Republic of China, and the Six Assurances provided

by the United States to Taiwan in July 1982, is the foundation

for United States-Taiwan relations;

(2) as set forth in the Taiwan Relations Act, the United

States decision to establish diplomatic relations with the Peo-

ple’s Republic of China rests upon the expectation that the

future of Taiwan will be determined by peaceful means, and

that any effort to determine the future of Taiwan by other

than peaceful means, including boycotts and embargoes, is of

grave concern to the United States;

(3) the increasingly coercive and aggressive behavior of

the People’s Republic of China toward Taiwan is contrary to

the expectation of the peaceful resolution of the future of

Taiwan;

(4) as set forth in the Taiwan Relations Act, the capacity

to resist any resort to force or other forms of coercion that

would jeopardize the security, or the social or economic system,

of the people on Taiwan should be maintained;

(5) the United States should continue to support the

development of capable, ready, and modern defense forces nec-

essary for Taiwan to maintain sufficient defensive capabilities,

including by—

(A) supporting acquisition by Taiwan of defense articles

and services through foreign military sales, direct commer-

cial sales, and industrial cooperation, with an emphasis

on capabilities that support an asymmetric strategy;

(B) ensuring timely review of and response to requests

of Taiwan for defense articles and services;

with Taiwan that enable Taiwan to maintain sufficient

defensive capabilities, as described in the Taiwan Relations

Act;

(D) exchanges between defense officials and officers

of the United States and Taiwan at the strategic, policy,

and functional levels, consistent with the Taiwan Travel

Act (Public Law 115–135; 132 Stat. 341), especially for

the purposes of—

(i) enhancing cooperation on defense planning;

(ii) improving the interoperability of the military

forces of the United States and Taiwan; and

(iii) improving the reserve force of Taiwan;

(E) cooperating with Taiwan to improve its ability to

employ military capabilities in asymmetric ways, as

described in the Taiwan Relations Act; and

(F) expanding cooperation in humanitarian assistance

and disaster relief; and

(6) the United States should increase its support to a

free and open society in the face of aggressive efforts by the

22 USC 3351

note.

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137 STAT. 494 PUBLIC LAW 118–31—DEC. 22, 2023

Government of the People’s Republic of China to curtail or

influence the free exercise of rights and democratic franchise.

SEC. 1308. OVERSIGHT OF TAIWAN ENHANCED RESILIENCE ACT.

(a) O

VERSIGHT OF

AIWAN

ECURITY

ROGRAMS

.—Section 5502

of the James M. Inhofe National Defense Authorization Act for

Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2395; 22 U.S.C.

3351) is amended—

(1) in subsection (e)(2)(A), by inserting ‘‘not later than

1 year after the date of enactment of the National Defense

Authorization Act for Fiscal Year 2024 and’’ before ‘‘not less

than annually’’; and

(2) in subsection (f)(2)—

(A) in subparagraph (L), by striking ‘‘and’’ at the end;

(B) in subparagraph (M), by striking the period at

the end and inserting a semicolon; and

‘‘(N) a description of actions taken to establish or

expand a comprehensive training program with Taiwan

pursuant to section 5504;

‘‘(O) a description of actions taken to establish a joint

consultative mechanism with appropriate officials of

Taiwan, and the multi-year plan to provide for the acquisi-

tion of appropriate defensive capabilities by Taiwan, pursu-

ant to section 5506 ; and

‘‘(P) the list compiled pursuant to section 5507(a), and

a description of actions taken pursuant to sections 5507(b)

and 5507(c).’’.

(b) O

VERSIGHT OF

EGIONAL

ONTINGENCY

TOCKPILE FOR

AIWAN

.—Section 5503 of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136

Stat. 2395) is amended by adding at the end the following:

‘‘(e) A

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—In sub-

section (d), the term ‘‘appropriate committees of Congress’’ means—

‘‘(1) the congressional defense committees; and

‘‘(2) the Committee on Foreign Affairs of the House of

Representatives and the Committee on Foreign Relations of

the Senate.’’.

SEC. 1309. TRAINING, ADVISING, AND INSTITUTIONAL CAPACITY-

BUILDING PROGRAM FOR MILITARY FORCES OF TAIWAN.

(a) E

STABLISHMENT

.—Consistent with the Taiwan Relations Act

(22 U.S.C. 3301 et seq.) and pursuant to section 5504 of the Taiwan

Enhanced Resilience Act (22 U.S.C. 3353), the Secretary of Defense,

in consultation with appropriate officials of Taiwan, shall establish

a comprehensive training, advising, and institutional capacity-

building program for the military forces of Taiwan using the

authorities provided in chapter 16 of title 10, United States Code,

and other applicable statutory authorities available to the Secretary

of Defense.

(b) R

EPORTING

.—Section 1248(a) of the National Defense

Authorization Act for Fiscal Year 2022 (Public Law 117– 81; 135

Stat. 1988) is amended—

(1) by redesignating paragraph (15) as paragraph (16);

and

(2) by inserting after paragraph (14) the following new

paragraph:

22 USC 3357b.

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137 STAT. 495 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(15) An update on efforts made to establish the program

authorized by subsection (a) of section 1309 of the National

Defense Authorization Act for Fiscal Year 2024 and an identi-

fication of any authority or resource shortfall that inhibits

such efforts.’’.

SEC. 1310. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAIN-

MENT PROJECTS WITH TIES TO THE GOVERNMENT OF

THE PEOPLE’S REPUBLIC OF CHINA.

(a) I

ENERAL

.—None of the funds authorized to be appro-

priated by this Act for the Department of Defense may be used

to knowingly provide active and direct support to any film, tele-

vision, or other entertainment project if the Secretary of Defense

has demonstrable evidence that the project has complied, or is

likely to comply, with a demand from the Government of the Peo-

ple’s Republic of China or the Chinese Communist Party, or an

entity under the direction of the People’s Republic of China or

the Chinese Communist Party, to censor the content of the project

in a material manner to advance the national interest of the People’s

Republic of China.

(b) W

AIVER

.—The Secretary of Defense may waive the prohibi-

tion under subsection (a) if the Secretary submits to the Committees

on Armed Services of the Senate and House of Representatives

a written certification that such a waiver is in the national interest

of the United States.

SEC. 1311. DETERMINATION ON INVOLVEMENT OF THE PEOPLE’S

REPUBLIC OF CHINA IN THE MEXICAN FENTANYL TRADE.

(a) D

ETERMINATION

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense, in consulta-

tion with the Director of National Intelligence, shall determine

if information available to the Department of Defense indicates

that the Government of the People’s Republic of China assisted

in or approved of the transportation of pill presses, fentanyl prod-

ucts, or fentanyl precursors to one or more Mexican drug cartels.

(b) R

EPORTING

EQUIREMENT

.—If the determination of the Sec-

retary of Defense under subsection (a) is an affirmative determina-

tion, the Secretary shall submit the determination to the Commit-

tees on Armed Services of the Senate and the House of Representa-

tives.

SEC. 1312. ANALYSIS OF CERTAIN BIOTECHNOLOGY ENTITIES.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall conduct

an analysis to determine if any biotechnology entity, or any sub-

sidiary, parent, affiliate, or successor of such an entity, should

be identified as a Chinese military company or a military-civil

fusion contributor and included on the list maintained by the

Department of Defense in accordance with section 1260H(b) of

the National Defense Authorization Act for Fiscal Year 2021 (10

U.S.C. 113 note).

(b) B

IOTECHNOLOGY

NTITY

EFINED

.—In this section, the term

‘‘biotechnology entity’’ means an entity that makes or offers a tech-

nology, good, or service that applies to or is enabled by life sciences

innovation or product development for biological materials,

including disease detection, genetic analysis, and related services.

Deadline.

Determination.

Deadline.

Update.

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137 STAT. 496 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1313. STUDIES ON DEFENSE BUDGET TRANSPARENCY OF THE

PEOPLE’S REPUBLIC OF CHINA AND THE UNITED STATES.

(a) S

TUDIES

EQUIRED

.—

(1) S

TUDY OF PRC BUDGET

.—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 study

on the defense budget of the People’s Republic of China.

(2) C

OMPARATIVE STUDY ON BUDGETS

.—Not later than 90

days after the date on which the study required by paragraph

(1) is submitted, the Secretary of Defense shall submit to the

congressional defense committees a comparative study on the

defense budgets of the People’s Republic of China and the

United States.

(3) O

BJECTIVE

.—The objective of the studies required by

paragraphs (1) and (2) shall be to provide the people of the

United States with an accurate comparison of the defense

spending of the People’s Republic of China and the United

States.

(b) E

LEMENTS

.—The studies required by subsection (a) shall

include, at a minimum, the following:

(1) A determination of the amounts invested by the

applicable subject country across functional categories for

spending, including—

(A) defense-related research and development;

(B) weapons procurement from domestic and foreign

sources;

(D) pay and benefits;

(E) military construction;

(F) military pensions; and

(G) any other category the Secretary considers rel-

evant.

(2) A consideration of the effects of purchasing power parity

and market exchange rates, particularly on non-traded goods.

(3) An estimate of the magnitude of omitted spending from

official defense budget information and, in the study required

by subsection (a)(2), an accounting for such spending.

ETHODOLOGY

.—The studies required by subsection (a) shall

each employ a robust methodology that—

(1) does not depend on the official budget pronouncements

of the Government of the People’s Republic of China or the

Chinese Communist Party;

(2) takes into account the military-civil fusion present in

the People’s Republic of China;

(3) employs the building-block method of analysis or a

similar method of analysis, as appropriate; and

(4) excludes spending related to veterans benefits, other

than military pensions provided to veterans.

(d) C

ONSIDERATIONS

.—The studies required by this section may

take into consideration the following:

(1) The effects of state-owned enterprises on the defense

expenditures of the People’s Republic of China.

(2) The role of differing acquisition policies and structures

with respect to the defense expenditures of each subject country.

(3) Any other matter relevant to evaluating the resources

dedicated to the defense spending or the various military-

related outlays of the People’s Republic of China.

Estimate.

Determination.

Deadlines.

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137 STAT. 497 PUBLIC LAW 118–31—DEC. 22, 2023

(e) F

ORM

.—The studies required by this section shall be sub-

mitted in unclassified form, without any designation relating to

dissemination control, but may include classified annexes.

SEC. 1314. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN

HOA DIOXIN CLEANUP.

Section 1253(b) of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283; 134 Stat. 3955) is amended by striking ‘‘fiscal year 2023’’

and inserting ‘‘fiscal year 2024’’.

SEC. 1315. EXTENSION AND MODIFICATION OF PILOT PROGRAM TO

IMPROVE CYBER COOPERATION WITH FOREIGN MILI-

TARY PARTNERS IN SOUTHEAST ASIA.

(a) I

ENERAL

.—Subsection (a) of section 1256 of the William

M. (Mac) Thornberry National Defense Authorization Act for Fiscal

Year 2021 (Public Law 116–283; 134 Stat. 3956; 10 U.S.C. 333

note) is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘in

Vietnam, Thailand, and Indonesia’’ and inserting ‘‘with covered

foreign military partners’’;

(2) in paragraph (1), by striking ‘‘Vietnam, Thailand, and

Indonesia’’ and inserting ‘‘covered foreign military partners’’;

and

(3) in paragraph (2), by striking ‘‘Vietnam, Thailand, and

Indonesia on’’ and inserting ‘‘covered foreign military partners

on defensive’’.

(b) E

LEMENTS

.—Subsection (b) of such section is amended—

(1) in paragraph (1), by striking ‘‘Vietnam, Thailand, and

Indonesia’’ and inserting ‘‘covered foreign military partners’’;

and

(2) in paragraph (2), by striking ‘‘Vietnam, Thailand, and

Indonesia’’ and inserting ‘‘covered foreign military partners’’.

EPORTS

.—Subsection (c)(2)(B) of such section is amended

by striking ‘‘Vietnam, Thailand, and Indonesia’’ and inserting ‘‘cov-

ered foreign military partners’’.

(d) C

ERTIFICATION

.—Subsection (d) of such section is amended—

(1) by inserting ‘‘with any covered foreign military partner’’

after ‘‘scheduled to commence’’; and

(2) by striking ‘‘Vietnam, Indonesia, or Thailand’’ and

inserting ‘‘the covered foreign military partner’’.

(e) E

XTENSION

.—Subsection (e) of such section is amended by

striking ‘‘December 31, 2024’’ and inserting ‘‘December 31, 2027’’.

(f) D

EFINITIONS

.—Subsection (f) of such section is amended

to read as follows:

‘‘(f) D

EFINITIONS

.—In this section:

‘‘(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘appropriate committees of Congress’ means—

‘‘(A) the Committee on Armed Services and the Com-

mittee on Foreign Relations of the Senate; and

‘‘(B) the Committee on Armed Services and the Com-

mittee on Foreign Affairs of the House of Representatives.

‘‘(2) C

OVERED FOREIGN MILITARY PARTNER

.—The term ‘cov-

ered foreign military partner’ means the following:

‘‘(A) Vietnam.

‘‘(B) Thailand.

‘‘(C) Indonesia.

‘‘(D) The Philippines.

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137 STAT. 498 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(E) Malaysia.’’.

(g) C

ONFORMING

MENDMENTS

.—

(1) Section 1256 of the William M. (Mac) Thornberry

National Defense Authorization Act for Fiscal Year 2021 (Public

Law 116–283; 134 Stat. 3956; 10 U.S.C. 333 note) is amended,

in the section heading, by striking ‘‘

VIETNAM

THAILAND

AND

INDONESIA

’’ and inserting ‘‘

COVERED FOREIGN MILITARY PART

NERS IN SOUTHEAST ASIA

’’.

(2) The table of contents for the William M. (Mac)

Thornberry National Defense Authorization Act for Fiscal Year

2021 (Public Law 116–283; 134 Stat. 3388) is amended by

striking the item relating to section 1256 and inserting the

following:

‘‘Sec. 1256. Pilot program to improve cyber cooperation with covered foreign mili-

tary partners in Southeast Asia.’’.

(3) The table of contents for title XII of the William M.

(Mac) Thornberry National Defense Authorization Act for Fiscal

Year 2021 (Public Law 116–283; 134 Stat. 3905) is amended

by striking the item relating to section 1256 and inserting

the following:

‘‘Sec. 1256. Pilot program to improve cyber cooperation with covered foreign mili-

tary partners in Southeast Asia.’’.

SEC. 1316. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.

The Secretary of Defense, in coordination with the Secretary

of State and the head of any other relevant Federal department

or agency, shall seek to ensure that India is appropriately consid-

ered for cooperative defense activities consistent with the status

of India as a major defense partner of the United States, including

with respect to the following lines of effort:

(1) Eligibility for funding to initiate or facilitate cooperative

research, development, testing, or evaluation projects with the

Department of Defense, with priority given to projects in the

areas of—

(A) intelligence, surveillance, and reconnaissance;

(B) undersea domain awareness;

(D) munitions; and

(E) mobility.

(2) Eligibility to enter into agreements with the Department

of Defense for cooperative bilateral or multilateral provision

of training to build capacity in the areas of—

(A) counterterrorism operations;

(B) counter-weapons of mass destruction operations;

(D) counter-transnational organized crime operations;

(E) maritime and border security operations;

(F) military intelligence operations;

(G) air domain awareness operations; and

(H) cyberspace security and defensive cyberspace oper-

ations.

(3) Eligibility to enter into a memorandum of under-

standing or other formal agreement with the Department of

Defense for the purpose of conducting cooperative research

and development projects on defense equipment and munitions.

10 USC 333 note.

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137 STAT. 499 PUBLIC LAW 118–31—DEC. 22, 2023

(4) Eligibility for entities from India to bid on contracts

for the maintenance, repair, or overhaul of Department of

Defense equipment located outside the United States.

SEC. 1317. REPORT ON ENHANCED SECURITY COOPERATION WITH

JAPAN.

(a) I

ENERAL

.—Not later than June 1, 2024, the Secretary

of Defense, in coordination with the Secretary of State, shall submit

to the appropriate committees of Congress a report on enhancing

United States security cooperation with Japan.

(b) E

LEMENTS

.—At a minimum, the report required by sub-

section (a) shall include the following:

(1) A description of the activities and investments the

Department of Defense will implement for—

(A) increased bilateral training, exercises, combined

patrols, and other activities between the United States

Armed Forces and the Self-Defense Forces of Japan;

(B) improving information-sharing mechanisms and

processes, including the adoption of enhanced security

protocols; and

tiatives.

(2) An analysis of the feasibility and advisability of—

(A) modifying United States command structures in

Japan—

(i) to coordinate United States military activities

and operations;

(ii) to complement similar changes by the Self-

Defense Forces of Japan; and

(iii) to facilitate integrated planning and

implementation of combined activities; and

(B) additional modifications to the force posture of

the United States Armed Forces in Japan.

(3) An identification of challenges to the implementation

of the activities and investments described in paragraph (1)

and any recommended legislative changes, resourcing require-

ments, bilateral agreements, or other measures that would

facilitate the implementation of such activities and investments.

ORM

.—The report required by subsection (a) shall be sub-

mitted in unclassified form but may include a classified annex.

(d) A

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committee on Foreign Relations and the Committee

on Armed Services of the Senate; and

(2) the Committee on Foreign Affairs and the Committee

on Armed Services of the House of Representatives.

SEC. 1318. REPORT AND NOTIFICATION RELATING TO TRANSFER OF

OPERATIONAL CONTROL ON KOREAN PENINSULA.

(a) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense, in coordination

with the Secretary of State, shall submit to the appropriate commit-

tees of Congress a report that—

(1) describes the conditions under which the military forces

of the Republic of Korea would be prepared to assume wartime

operational control of the United States and Republic of Korea

Combined Forces Command; and

Analysis.

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137 STAT. 500 PUBLIC LAW 118–31—DEC. 22, 2023

(2) includes an assessment of the extent to which the

military forces of the Republic of Korea meet such conditions

as of the date on which the report is submitted.

(b) N

OTIFICATION

.—

(1) I

N GENERAL

.—Not later than 45 days before the date

on which wartime operational control of the United States

and Republic of Korea Combined Forces Command is trans-

ferred to the Republic of Korea, the Secretary of Defense, in

coordination with the Secretary of State, shall notify the appro-

priate committees of Congress of such transfer.

(2) E

LEMENTS

.—The notification required by paragraph (1)

shall include the following:

(A) An assessment of the extent to which the military

forces of the Republic of Korea—

(i) meet the conditions described in the report sub-

mitted under subsection (a), including with respect

to the acquisition by the Republic of Korea of necessary

military capabilities to counter the capabilities of the

Democratic People’s Republic of Korea; or

(ii) meet updated conditions for the assumption

of the wartime operational control described in sub-

section (a)(1), including an explanation of the changes

to such conditions relative to the conditions described

in the report submitted under subsection (a).

(B) A description of the command relationship among

the United Nations Command, the United States and

Republic of Korea Combined Forces Command, the United

States Forces Korea, and the military forces of the Republic

of Korea.

impacts the security of the United States, the Republic

of Korea, and other regional allies and partners.

(D) Any other matters determined relevant by the Sec-

retary.

PPROPRIATE

OMMITTEES OF

ONGRESS

EFINED

.—In this

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate; and

(2) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives.

SEC. 1319. STUDY AND REPORT ON COMMAND STRUCTURE AND FORCE

POSTURE OF UNITED STATES ARMED FORCES IN THE

INDO-PACIFIC REGION.

(a) S

TUDY

.—

(1) I

N GENERAL

.—The Secretary of Defense shall seek to

enter into an agreement with a federally funded research and

development center to conduct an independent study of the

organizational structure and force posture of the United States

Armed Forces in the area of responsibility of the United States

Indo-Pacific Command.

(2) R

EPORT TO SECRETARY

.—

(A) I

N GENERAL

.—Not later than 360 days after the

date of the enactment of this Act, the federally funded

research and development center selected to conduct the

study required by paragraph (1) shall submit to the Sec-

retary a report on the findings of the study.

Contracts.

Assessments.

Assessment.

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137 STAT. 501 PUBLIC LAW 118–31—DEC. 22, 2023

(B) E

LEMENTS

.—The report required by subparagraph

(A) shall include the following:

(i) An assessment of—

(I) the organizational structure of the United

States Armed Forces in the area of responsibility

of the United States Indo-Pacific Command;

(II) the force posture, basing, access, and over-

flight agreements of the United States Armed

Forces in such area of responsibility; and

(III) any operational or command and control

challenges resulting from the geography, force pos-

ture of the United States Armed Forces, or

organizational structure of the United States

Armed Forces in the area of responsibility of the

United States Indo-Pacific Command.

(ii) Any recommendation for—

(I) adjustments to the force posture of the

United States Armed Forces in such area of

responsibility, including an identification of

changes to any basing, access, or overflight agree-

ment that may be necessary in response to the

changing security environment in such area of

responsibility;

(II) modifying the current organizational struc-

ture of the United States Indo-Pacific Command,

including modifications affecting United States

Forces in Japan and South Korea, in response

to such changing security environment; or

(III) improving the ability to coordinate with

allies and partners.

(b) R

EPORT TO

ONGRESS

.—

(1) I

N GENERAL

.—Not later than April 1, 2025, the Sec-

retary shall submit to the congressional defense committees

an unaltered copy of the report submitted to the Secretary

under subsection (a)(2), together with the views of the Secretary

on the findings set forth in such report and any corresponding

recommendations.

(2) F

ORM

.—The report required by paragraph (1) shall be

submitted in unclassified form but may contain a classified

annex.

(3) P

UBLIC AVAILABILITY

.—The Secretary shall make avail-

able to the public the unclassified form of the report required

by paragraph (1).

Subtitle B—Matters Relating to the AUKUS

Partnership

SEC. 1321. DEFINITIONS.

In this subtitle:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—Except as

otherwise provided, the term ‘‘appropriate congressional

committees’’ means—

(A) the Committee on Foreign Relations and the Com-

mittee on Armed Services of the Senate; and

(B) the Committee on Foreign Affairs and the Com-

mittee on Armed Services of the House of Representatives.

22 USC 10401.

Records.

Recommenda-

tions.

Assessments.

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137 STAT. 502 PUBLIC LAW 118–31—DEC. 22, 2023

(2) AUKUS

PARTNERSHIP

.—

(A) I

N GENERAL

.—The term ‘‘AUKUS partnership’’

means the enhanced trilateral security partnership

between Australia, the United Kingdom, and the United

States announced in September 2021.

(B) P

ILLARS

.—The AUKUS partnership includes the

following two pillars:

(i) Pillar One is focused on developing a pathway

for Australia to acquire conventionally armed, nuclear-

powered submarines.

(ii) Pillar Two is focused on enhancing trilateral

collaboration on advanced defense capabilities,

including hypersonic and counter hypersonic capabili-

ties, quantum technologies, undersea technologies, and

artificial intelligence.

(3) I

NTERNATIONAL TRAFFIC IN ARMS REGULATIONS

.—The

term ‘‘International Traffic in Arms Regulations’’ means sub-

chapter M of chapter I of title 22, Code of Federal Regulations

(or successor regulations).

PART 1—ADMINISTRATIVE PROVISIONS

SEC. 1331. AUKUS PARTNERSHIP OVERSIGHT AND ACCOUNTABILITY

FRAMEWORK.

(a) S

ENIOR

DVISOR

.—

(1) D

ESIGNATION

.—

(A) I

N GENERAL

.—The Secretary of State shall des-

ignate a senior advisor at the Department of State (in

this section referred to as the ‘‘Senior Advisor’’), who shall

oversee and coordinate the implementation of the AUKUS

partnership.

(B) Q

UALIFICATION

.—The Senior Advisor may be an

individual serving within the existing leadership of the

Department of State but that individual may not hold

any other position concurrently while serving as the Senior

Advisor.

EPORTING

.—The Senior Advisor shall report

directly to the Secretary of State.

(D) G

UIDANCE

.—The Secretary of State shall issue

guidance to all bureaus of the Department of State speci-

fying the Senior Advisor’s responsibility for coordinating

the implementation of all AUKUS partnership-related

activities.

(2) D

UTIES

.—The duties of the Senior Advisor shall be

to—

(A) coordinate efforts to implement the AUKUS part-

nership across relevant bureaus, directorates, and offices

of the Department of State involved in matters such as

arms exports, non-proliferation, deterrence, security assist-

ance, and Indo-Pacific and United Kingdom relations;

(B) serve as the lead within the Department of State

on matters relating to the AUKUS partnership in the inter-

agency process;

nership with other governments to explain how the partner-

ship will enhance security and stability in the Indo-Pacific

region; and

22 USC 10411.

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137 STAT. 503 PUBLIC LAW 118–31—DEC. 22, 2023

(D) consult regularly with the appropriate congres-

sional committees and keep such committees fully and

currently informed on all aspects of the AUKUS partner-

ship, to include—

(i) Australia’s acquisition of conventionally armed,

nuclear-powered submarines;

(ii) jointly developing advanced military capabili-

ties; and

(iii) any new programs under the AUKUS partner-

ship.

(3) P

ERSONNEL TO SUPPORT THE SENIOR ADVISOR

.—The Sec-

retary of State shall ensure that the Senior Advisor is ade-

quately staffed with respect to the Senior Advisor’s duties

described in paragraph (2) through details, or assignment of

employees of the Department of State, with expertise consistent

with such duties.

(b) T

ASK

ORCE

.—

(1) E

STABLISHMENT

.—The Secretary of State shall establish

a task force, to be known as the Task Force on AUKUS (in

this section referred to as the ‘‘Task Force’’), which—

(A) shall meet regularly to coordinate internally on

issues relating to the implementation of the AUKUS part-

nership; and

(B) shall be led by the Senior Advisor.

(2) D

UTIES

.—The duties of the Task Force may include—

(A) ensuring that responsible offices maintain a unified

list of all defense-related transactions that have taken place

under the AUKUS partnership;

(B) ensuring the establishment of a framework for

gathering, maintaining, and exchanging information

relating to companies, individuals, or entities that are com-

promising security of military technology, defense articles,

and defense services exchanged under the AUKUS partner-

ship; and

industry stakeholders, including non-traditional defense

contractors (as such term is defined in section 3014 of

title 10, United States Code), that will be open for the

participation of foreign industry involved in the AUKUS

partnership.

(3) P

ERSONNEL TO SUPPORT THE TASK FORCE

.—The per-

sonnel assigned to support the Senior Advisor under subsection

(a)(3) shall also support the Task Force. The Secretary of State

may not assign any additional personnel to support the Task

Force.

OTIFICATION

.—Not later than 180 days after the date of

the enactment of this Act, or not later than 90 days after the

date on which a senior advisor at the Department of State is

designated as the Senior Advisor, whichever occurs earlier, the

Secretary of State shall notify the appropriate congressional

committees of the number of personnel, relevant expertise of such

personnel, and duties of such personnel directly supporting the

work of the Senior Advisor and the offices supporting the Task

Force.

(d) R

EPORT

.—Not later than 120 days after the date of the

enactment of this Act, the Secretary of State shall submit to the

Deadlines.

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137 STAT. 504 PUBLIC LAW 118–31—DEC. 22, 2023

appropriate congressional committees a report that includes the

following:

(1) A detailed description of the planned work of the Senior

Advisor and the Task Force on matters related to the

implementation of the AUKUS partnership.

(2) For the preceding two calendar years and the current

calendar year—

(A) the average and median times for the United States

Government to review applications for licenses to export

defense articles or defense services to persons, corporations,

and the governments (including agencies and subdivisions

of such governments, including official missions of such

governments) of Australia or the United Kingdom;

(B) the average and median times for the United States

Government to review applications from Australia and the

United Kingdom for foreign military sales beginning from

the date Australia or the United Kingdom submitted a

letter of request that resulted in a letter of acceptance;

and

the United Kingdom for licenses to export defense articles

and defense services that were denied or approved with

provisos, listed by year.

(3) For each of the preceding two calendar years, the

number of voluntary disclosures resulting in a violation of

the International Traffic in Arms Regulations enumerated

under section 40 of the Arms Export Control Act (22 U.S.C.

2780) or involving proscribed countries listed in section 126.1

of the International Traffic in Arms Regulations, by persons,

corporations, and the governments (including agencies and sub-

divisions of such governments, including official missions of

such governments) of Australia or the United Kingdom,

including information with respect to—

(A) any instance of unauthorized access to technical

data or defense articles;

(B) inadequate physical or cyber security;

(D) employees of foreign companies that are United

States persons that provide defense services without

authorization.

(e) A

NNUAL

EPORT

.—Not later than one year after the date

of the enactment of this Act, and annually thereafter, the Senior

Advisor shall submit to the appropriate congressional committees

a report that includes—

(1) a detailed description of any issues that representatives

of the United States, the United Kingdom, or Australia have

identified that threaten or conflict with the stated goals of

the AUKUS partnership and any efforts to resolve these issues;

(2) information on the National Disclosure Policy Com-

mittee with respect to adoption of a classification category

relating to any anticipatory disclosure policy for Australia and

the United Kingdom;

(3) a detailed description of Department of State investiga-

tions into violations under section 38 of the Arms Export Con-

trol Act (22 U.S.C. 2778) or related provisions that involve

AUKUS partners or entities in the United States, the United

Kingdom, and Australia;

Time periods.

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137 STAT. 505 PUBLIC LAW 118–31—DEC. 22, 2023

(4) details on whether regulatory changes to exemptions

authorized under subsection (l) of section 38 of the Arms Export

Control Act (22 U.S.C. 2778), as added by section 1343 of

this Act, are likely or necessary within the next year; and

(5) an assessment of the change in the average and median

Department of State licensing review times for the current

reporting year based on the average and median licensing

review times from the prior calendar year, including review

times across the interagency for export licenses issued to Aus-

tralia or the United Kingdom.

(f) S

UNSET

.—

(1) I

N GENERAL

.—Subject to paragraph (2), the position

of the Senior Advisor and the Task Force shall terminate on

the date that is 7 years after the date of the enactment of

this Act.

(2) R

ENEWAL

.—The Secretary of State may renew the posi-

tion of the Senior Advisor and the Task Force for 1 additional

period of 4 years beginning after the date on which the Sec-

retary notifies the appropriate congressional committees of the

renewal.

(g) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Foreign Affairs and Committee on

Appropriations of the House of Representatives; and

(2) the Committee on Foreign Relations and Committee

on Appropriations of the Senate.

SEC. 1332. DESIGNATION OF SENIOR OFFICIAL FOR DEPARTMENT OF

DEFENSE ACTIVITIES RELATING TO, AND IMPLEMENTA-

TION PLAN FOR, THE AUKUS PARTNERSHIP.

(a) D

ESIGNATION OF

ENIOR

FFICIAL

.—Not later than 90 days

after the date of the enactment of this Act, the Secretary of Defense

shall designate a senior civilian official of the Department of

Defense who shall be responsible for overseeing Department of

Defense activities relating to the AUKUS partnership.

(b) P

LAN

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense, in

coordination with the Administrator for Nuclear Security and

the Secretary of State, shall submit to the appropriate commit-

tees of Congress a report containing an implementation plan

outlining Department of Defense efforts relating to the AUKUS

partnership.

(2) E

LEMENTS

.—The plan required by paragraph (1) shall

include the following:

(A) Timelines and major anticipated milestones for the

implementation of the AUKUS partnership.

(B) An identification of dependencies of such milestones

on defense requirements that are—

(i) unrelated to the AUKUS partnership; and

(ii) solely within the decisionmaking responsibility

of Australia or the United Kingdom.

on the industrial base with respect to—

Timelines.

Reports.

Deadline.

22 USC 10412.

Time period.

Effective date.

Notification.

Assessment.

Time period.

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137 STAT. 506 PUBLIC LAW 118–31—DEC. 22, 2023

(i) the expansion of existing United States sub-

marine construction capacity to fulfill United States,

United Kingdom, and Australia requirements;

(ii) acceleration of the restoration of United States

capabilities for producing highly enriched uranium to

fuel submarine reactors;

(iii) stabilization of commodity markets and

expanding supplies of high-grade steel, construction

materials, and other resources required for improving

shipyard condition and expanding throughput capacity;

and

(iv) coordination and synchronization of industrial

sourcing opportunities among Australia, the United

Kingdom, and the United States.

(D) A description of resourcing and personnel require-

ments, including—

(i) a detailed assessment of the feasibility of hiring

and retaining additional foreign disclosure officers to

facilitate more rapid technology transfer to Australia

and the United Kingdom; and

(ii) an assessment of any additional requirements

for Department of Defense personnel to support the

transfer of defense articles to Australia and the United

Kingdom.

(E) A plan for improving information sharing,

including—

(i) recommendations for modifications to foreign

disclosure policies and processes;

(ii) the promulgation of written information-

sharing guidelines or policies to improve information

sharing under the AUKUS partnership;

(iii) the establishment of an information handling

caveat specific to the AUKUS partnership; and

(iv) the reduction in use of the Not Releasable

to Foreign Nations (NOFORN) information handling

caveat.

(F) Processes for the protection of privately held

intellectual property, including patents.

(G) Recommended updates to other title 10, United

States Code, authorities or regulatory, policy, or process

frameworks.

EMIANNUAL

PDATES

.—Not later than 60 days after the

date on which the plan required by subsection (b) is submitted,

and semiannually thereafter not later than April 1 and October

1 each year through 2029, the senior civilian official designated

under subsection (a) shall provide the congressional defense commit-

tees and the Committee on Foreign Affairs of the House of Rep-

resentatives and the Committee on Foreign Relations of the Senate

with a briefing on the status of all Department activities to imple-

ment the AUKUS partnership.

SEC. 1333. REPORTING RELATED TO THE AUKUS PARTNERSHIP.

(a) R

EPORT ON

NSTRUMENTS

.—

(1) I

N GENERAL

.—Not later than 30 days after the signa-

ture, conclusion, or other finalization of any non-binding

instrument related to the AUKUS partnership, the President

Submission.

22 USC 10413.

Deadlines.

Termination

date.

Briefing.

Recommenda-

tions.

Intellectual

property.

Patents.

Guidelines.

Recommenda-

tions.

Assessment.

Coordination.

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137 STAT. 507 PUBLIC LAW 118–31—DEC. 22, 2023

shall submit to the appropriate congressional committees the

text of such instrument.

(2) N

DUPLICATION OF EFFORTS

;

RULE OF CONSTRUC

TION

.—To the extent the text of a non-binding instrument is

submitted to the appropriate congressional committees pursu-

ant to paragraph (1), such text does not need to be submitted

to Congress pursuant to section 112b(a)(1)(A)(ii) of title 1,

United States Code, as amended by section 5947 of the James

M. Inhofe National Defense Authorization Act for Fiscal Year

2023 (Public Law 117–263; 136 Stat. 3476). Paragraph (1)

shall not be construed to relieve the executive branch of any

other requirement of section 112b of title 1, United States

Code, as so amended, or any other provision of law.

(3) D

EFINITIONS

.—In this subsection:

(A) I

N GENERAL

.—The term ‘‘text’’, with respect to a

non-binding instrument, includes—

(i) any annex, appendix, codicil, side agreement,

side letter, or any document of similar purpose or

function to the aforementioned, regardless of the title

of the document, that is entered into contempora-

neously and in conjunction with the non-binding

instrument; and

(ii) any implementing agreement or arrangement,

or any document of similar purpose or function to

the aforementioned, regardless of the title of the docu-

ment, that is entered into contemporaneously and in

conjunction with the non-binding instrument.

(B) C

ONTEMPORANEOUSLY AND IN CONJUNCTION WITH

.—

As used in subparagraph (A), the term ‘‘contemporaneously

and in conjunction with’’—

(i) shall be construed liberally; and

(ii) may not be interpreted to require any action

to have occurred simultaneously or on the same day.

(b) R

EPORT ON

AUKUS P

ARTNERSHIP

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, and biennially thereafter, the

Secretary of State, in coordination with the Secretary of Defense

and other appropriate heads of agencies, shall submit to the

appropriate congressional committees a report on the AUKUS

partnership.

(2) E

LEMENTS

.—Each report required under paragraph (1)

shall include the following elements:

(A) S

TRATEGY

.—

(i) An identification of the defensive military capa-

bility gaps and capacity shortfalls that the AUKUS

partnership seeks to offset.

(ii) An explanation of the total cost to the United

States associated with Pillar One of the AUKUS part-

nership.

(iii) A detailed explanation of how enhanced access

to the industrial base of Australia is contributing to

strengthening the United States strategic position in

Asia.

(iv) A detailed explanation of the military and

strategic benefit provided by the improved access pro-

vided by naval bases of Australia.

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137 STAT. 508 PUBLIC LAW 118–31—DEC. 22, 2023

(v) A detailed assessment of how Australia’s sov-

ereign conventionally armed nuclear attack submarines

contribute to United States defense and deterrence

objectives in the Indo-Pacific region.

(B) I

MPLEMENT THE AUKUS PARTNERSHIP

.—

(i) Progress made on achieving the Optimal Path-

way established for Australia’s development of conven-

tionally armed, nuclear-powered submarines, including

the following elements:

(I) A description of progress made by Aus-

tralia, the United Kingdom, and the United States

to conclude an Article 14 arrangement with the

International Atomic Energy Agency.

(II) A description of the status of efforts of

Australia, the United Kingdom, and the United

States to build the supporting infrastructure to

base conventionally armed, nuclear-powered attack

submarines.

(III) Updates on the efforts by Australia, the

United Kingdom, and the United States to train

a workforce that can build, sustain, and operate

conventionally armed, nuclear-powered attack sub-

marines.

(IV) A description of progress in establishing

submarine support facilities capable of hosting

rotational forces in western Australia by 2027.

(V) A description of progress made in

improving United States submarine production

capabilities that will enable the United States to

meet—

(aa) its objectives of providing up to five

Virginia Class submarines to Australia by the

early to mid-2030’s; and

(bb) United States submarine production

requirements.

(ii) Progress made on Pillar Two of the AUKUS

partnership, including the following elements:

(I) An assessment of the efforts of Australia,

the United Kingdom, and the United States to

enhance collaboration across the following eight

trilateral lines of effort:

(aa) Underseas capabilities.

(bb) Quantum technologies.

(cc) Artificial intelligence and autonomy.

(dd) Advanced cyber capabilities.

(ee) Hypersonic and counter-hypersonic

capabilities.

(ff) Electronic warfare.

(gg) Innovation.

(hh) Information sharing.

(II) An assessment of any new lines of effort

established.

Assessments.

Updates.

Assessment.

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137 STAT. 509 PUBLIC LAW 118–31—DEC. 22, 2023

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.

(a) I

ENERAL

.—The President shall institute policies and

procedures for letters of request from Australia and the United

Kingdom to transfer defense articles and services under section

21 of the Arms Export Control Act (22 U.S.C. 2761) related to

AUKUS to receive expedited consideration and processing relative

to all other letters of request other than from Taiwan and Ukraine.

(b) T

ECHNOLOGY

RANSFER

OLICY FOR

USTRALIA

, C

ANADA

AND THE

NITED

INGDOM

.—

(1) I

N GENERAL

.—The Secretary of State, in consultation

with the Secretary of Defense, shall create an anticipatory

release policy for the transfer of technologies described in para-

graph (2) to Australia, the United Kingdom, and Canada

through Foreign Military Sales and Direct Commercial Sales

that are not covered by an exemption under the International

Traffic in Arms Regulations.

(2) C

APABILITIES DESCRIBED

.—The capabilities described in

this paragraph are—

(A) Pillar One-related technologies associated with sub-

marine and associated combat systems; and

(B) Pillar Two-related technologies, including

hypersonic missiles, cyber capabilities, artificial intel-

ligence, quantum technologies, undersea capabilities, and

other advanced technologies.

(3) E

XPEDITED DECISION

MAKING

.—Review of a transfer

under the policy established under paragraph (1) shall be sub-

ject to an expedited decision-making process.

NTERAGENCY

OLICY AND

UIDANCE

.—The Secretary of

State and the Secretary of Defense shall jointly review and update

interagency policies and implementation guidance related to

requests for Foreign Military Sales and Direct Commercial Sales,

including by incorporating the anticipatory release provisions of

this section.

SEC. 1342. IDENTIFICATION AND PRE-CLEARANCE OF PLATFORMS,

TECHNOLOGIES, AND EQUIPMENT FOR SALE TO AUS-

TRALIA AND THE UNITED KINGDOM THROUGH FOREIGN

MILITARY SALES AND DIRECT COMMERCIAL SALES.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, and on a biennial basis thereafter for

8 years, the President shall submit to the Committee on Foreign

Relations of the Senate and the Committee on Foreign Affairs

of the House of Representatives a report that includes a list of

advanced military platforms, technologies, and equipment that are

pre-cleared and prioritized for sale and release to Australia, the

United Kingdom and Canada through the Foreign Military Sales

and Direct Commercial Sales programs without regard to whether

a letter of request or license to purchase such platforms, tech-

nologies, or equipment has been received from any of such country.

Time period.

President.

Reports.

List.

22 USC 10422.

Review.

Update.

Review.

President.

Procedures.

22 USC 10421.

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137 STAT. 510 PUBLIC LAW 118–31—DEC. 22, 2023

(b) A

DDITIONAL

TEMS

.—Each list may include items that are

not related to the AUKUS partnership but may not include items

that are not covered by an exemption under the International

Traffic in Arms Regulations except unmanned aerial or hypersonic

systems.

SEC. 1343. EXPORT CONTROL EXEMPTIONS AND STANDARDS.

(a) I

ENERAL

.—Section 38 of the Arms Export Control Act

(22 U.S.C. 2778) is amended by adding at the end the following:

‘‘(l) AUKUS D

EFENSE

RADE

OOPERATION

.—

‘‘(1) D

ETERMINATION AND CERTIFICATION

.—

‘‘(A) I

N GENERAL

.—Not later than 120 days after the

date of the enactment of this subsection, the President

shall determine and certify in writing, and include a

detailed justification, to the Committee on Foreign Rela-

tions of the Senate and the Committee on Foreign Affairs

of the House of Representatives whether Australia or the

United Kingdom has—

‘‘(i) implemented a system of export controls com-

parable to those of the United States that satisfies

the elements of subsection (j)(2)(A)(i), (ii), (iii), and

(iv) and subsection (j)(2)(B)(i), (ii) and (v) for United

States-origin defense articles and defense services, and

for controlling the provision of military training; and

‘‘(ii) implemented a comparable exemption from

its export controls for the United States.

‘‘(B) M

ATTERS TO BE INCLUDED

.—

‘‘(i) R

EQUIREMENTS MET

.—If the President makes

the determination that Australia or the United

Kingdom meets the comparability standards of clauses

(i) and (ii) of subparagraph (A), the justification

required by such subparagraph shall include an assess-

ment of how the country satisfied the specific elements

described in such clauses.

‘‘(ii) R

EQUIREMENTS NOT MET

.—If the President

makes a determination that Australia or the United

Kingdom does not meet the comparability standards

of clauses (i) and (ii) of subparagraph (A), the justifica-

tion required by such subparagraph shall include, as

applicable—

‘‘(I) the specific elements of either such clause

(i) or (ii) that were determined not to meet the

comparability standards;

‘‘(II) the specific actions the country needs to

take in order to meet the comparability standards;

and

‘‘(III) the actions the United States is taking,

as appropriate, to facilitate that the country is

granted an exemption in a timely manner upon

meeting the comparability standards.

‘‘(C) F

ORM

.—The determination and certification

described in subparagraph (A) shall be submitted in

unclassified form, but may include a classified annex.

‘‘(2) E

XEMPTION

.—Upon submittal of a determination and

certification to the Committee on Foreign Relations of the

Senate and the Committee on Foreign Affairs of the House

of Representatives that Australia or the United Kingdom has

Applicability.

Assessment.

Deadline.

President.

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137 STAT. 511 PUBLIC LAW 118–31—DEC. 22, 2023

met the comparability standards of clauses (i) and (ii) of para-

graph (1)(A), and subject to the limitation in paragraph (4),

the President shall immediately exempt from the licensing or

other approval requirements of this section exports and trans-

fers (including reexports, transfers, temporary imports, and

brokering activities) of defense articles and defense services

between the United States and that country or among the

United States, the United Kingdom, and Australia.

‘‘(3) R

EASSESSMENT

.—

‘‘(A) I

N GENERAL

.—If the President is unable to make

a determination that Australia or the United Kingdom

has met the comparability standards of clauses (i) and

(ii) of paragraph (1)(A) or suspends the exemption pursuant

to paragraph (5), the President shall—

‘‘(i) not less frequently than once every 120 days

reassess whether the country has met those require-

ments;

‘‘(ii) report the results of such reassessment in

writing, and include a detailed justification, to the

Committee on Foreign Relations of the Senate and

the Committee on Foreign Affairs of the House of Rep-

resentatives; and

‘‘(iii) report on steps the country must take to

establish the exemption.

‘‘(B) P

OSITIVE REASSESSMENT

.—Upon any reassessment

under subparagraph (A) in which the President determines

that Australia or the United Kingdom has met the com-

parability standards of clauses (i) and (ii) of paragraph

(1)(A), the President shall immediately provide to that

country an exemption described in paragraph (2).

‘‘(C) N

EGATIVE REASSESSMENT

.—If the President finds

in any reassessment under subparagraph (A) that Australia

or the United Kingdom has not met the comparability

standards of clauses (i) and (ii) of paragraph (1)(A), the

written reassessment shall include, as applicable—

‘‘(i) the specific elements of either such clauses

that were determined not to be comparable;

‘‘(ii) the specific actions the country needs to take

in order to meet the comparability standards; and

‘‘(iii) the actions the United States is taking, as

appropriate, to facilitate that the country is granted

an exemption in a timely manner upon meeting the

comparability standards.

‘‘(D) F

ORM

.—The reassessment described in subpara-

graph (A)(ii) shall be submitted in an unclassified form,

but may include a classified annex.

‘‘(4) L

IMITATION

.—An exemption described in paragraph

(2) shall not apply to any activity (including exports, transfers,

reexports, retransfers, temporary imports, or brokering) of

defense articles and defense services between or among the

United States, the United Kingdom, and Australia that—

‘‘(A) are excluded by those countries;

‘‘(B) are referred to in subsection (j)(1)(C)(ii); or

‘‘(C) involve individuals or entities that are not

approved by—

‘‘(i) the Secretary of State; and

Determination.

Reports.

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137 STAT. 512 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(ii) the Ministry of Defense, the Ministry of For-

eign Affairs, or other similar authority within those

countries.

‘‘(5) T

EMPORARY SUSPENSION OF EXEMPTION

.—

‘‘(A) I

N GENERAL

.—The President may suspend an

exemption described in paragraph (2) with respect to Aus-

tralia or the United Kingdom if the President determines

and certifies in writing, and includes a detailed justifica-

tion, to the Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of

Representatives that—

‘‘(i) the country has ceased to implement a system

of export controls comparable to those of the United

States that satisfies the elements of subsection

(j)(2)(A)(i), (ii), (iii), and (iv) and subsection (j)(2)(B)(i),

(ii) and (v) for United States-origin defense articles

and defense services, and for controlling the provision

of military training; and

‘‘(ii) due to a substantial change in circumstance,

the suspension is necessary to protect the vital national

security or foreign policy interests of the United States

in relation to the country concerned; or

‘‘(iii) the country concerned has ceased to imple-

ment a comparable exemption from its export controls

for the United States.

‘‘(B) A

DDITIONAL MATTER TO BE INCLUDED

.—The jus-

tification required to be included in the determination and

certification described in subparagraph (A) shall also

include a description of the specific actions the United

States and the country are taking to address the reasons

for the suspension.

‘‘(C) F

ORM

.—The determination and certification

described in subparagraph (A) shall be submitted in

unclassified form, but may include a classified annex.

‘‘(D) R

EPORT

.—If the President reissues an exemption

described in paragraph (2) with respect to Australia or

the United Kingdom that the President suspended pursu-

ant to subparagraph (A), the President shall submit to

the Committee on Foreign Relations of the Senate and

the Committee on Foreign Affairs of the House of Rep-

resentatives a report stating the steps the country took

that allowed the exemption to be so reinstated.

‘‘(6) C

ERTAIN REQUIREMENTS NOT APPLICABLE

.—

‘‘(A) I

N GENERAL

.—Paragraphs (1), (2), and (3) of sec-

tion 3(d) shall not apply to any export or transfer that

is the subject of an exemption described in paragraph (2).

‘‘(B) Q

UARTERLY REPORTS

.—The Secretary of State

shall—

‘‘(i) require all exports and transfers that would

be subject to the requirements of paragraphs (1), (2),

and (3) of section 3(d) but for the application of

subparagraph (A) to be reported to the Secretary; and

‘‘(ii) submit such reports to the Committee on For-

eign Relations of the Senate and Committee on Foreign

Affairs of the House of Representatives on a quarterly

basis.

‘‘(7) S

UNSET

.—

Determination.

Certification.

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137 STAT. 513 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) I

N GENERAL

.—Any exemption described in para-

graph (2) shall terminate on the date that is 15 years

after the date of the enactment of this subsection.

‘‘(B) R

ENEWAL

.—The Secretary of State may renew

such exemption for 5 years upon a certification to the

Committee on Foreign Relations of the Senate and the

Committee on Foreign Affairs of the House of Representa-

tives that such exemption is in the vital national interest

of the United States with a detailed justification for such

certification.’’.’’.

(b) R

EPORTS

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, and annually thereafter until

no exemptions described in subsection (l)(2) of section 38 of

the Arms Export Control Act (22 U.S.C. 2778), as added by

subsection (a) of this section, remain in effect, the Secretary

of State shall submit to the Committee on Foreign Relations

of the Senate and the Committee on Foreign Affairs of the

House of Representatives a report on the operation of exemp-

tions described in such subsection (l)(2), including whether

any changes to such exemptions are likely to be made in the

coming year.

(2) I

NITIAL REPORT

.—The first report submitted under para-

graph (1) shall also include an assessment of key recommenda-

tions the United States Government has provided to the

Governments of Australia and the United Kingdom to revise

laws, regulations, and policies of such countries that are

required to implement the AUKUS partnership.

(3) R

EPORT ON EXPEDITED REVIEW OF EXPORT LICENSES

FOR EXPORTS OF ADVANCED TECHNOLOGIES

.—Not later than 180

days after the date of the enactment of this Act, the Secretary

of State, in coordination with the Secretary of Defense, shall

report on the practical application of a possible ‘‘fast track’’

decision-making process for applications, classified or unclassi-

fied, to export defense articles and defense services to Australia,

the United Kingdom, and Canada.

SEC. 1344. EXPEDITED REVIEW OF EXPORT LICENSES FOR EXPORTS

OF ADVANCED TECHNOLOGIES TO AUSTRALIA, THE

UNITED KINGDOM, AND CANADA.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of State, in coordination

with the Secretary of Defense, shall initiate a rulemaking to estab-

lish an expedited decision-making process, classified or unclassified,

for applications to export to Australia, the United Kingdom, and

Canada commercial, advanced-technology defense articles and

defense services that are not covered by an exemption under the

International Traffic in Arms Regulations.

(b) E

LIGIBILITY

.—To qualify for the expedited decision-making

process described in subsection (a), an application shall be for

an export of defense articles or defense services that will take

place wholly within or between the physical territory of Australia,

Canada, or the United Kingdom and the United States and with

governments or corporate entities from such countries.

VAILABILITY OF

XPEDITED

ROCESS

.—The expedited deci-

sion-making process described in subsection (a) shall be available

Deadlines.

Deadline.

Regulations.

22 USC 10423.

22 USC 2778

note.

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137 STAT. 514 PUBLIC LAW 118–31—DEC. 22, 2023

for both classified and unclassified items, and the process must

satisfy the following criteria to the extent practicable:

(1) Any licensing application to export defense articles and

services that is related to a government to government agree-

ment must be approved, returned, or denied within 30 days

of submission.

(2) For all other licensing requests, any review shall be

completed not later than 45 calendar days after the date of

application.

SEC. 1345. UNITED STATES MUNITIONS LIST.

(a) E

XEMPTION FOR THE

OVERNMENTS OF THE

NITED

INGDOM AND

USTRALIA

ROM

ERTIFICATION AND

ONGRESSIONAL

OTIFICATION

EQUIREMENTS

PPLICABLE TO

ERTAIN

RANS

FERS

.—Section 38(f)(3) of the Arms Export Control Act (22 U.S.C.

2778(f)(3)) is amended by inserting ‘‘, the United Kingdom, or Aus-

tralia’’ after ‘‘Canada’’.

(b) U

NITED

TATES

UNITIONS

IST

ERIODIC

EVIEWS

.—

(1) I

N GENERAL

.—The Secretary of State, acting through

authority delegated by the President to carry out periodic

reviews of items on the United States Munitions List under

section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f))

and in coordination with the Secretary of Defense, the Secretary

of Energy, the Secretary of Commerce, and the Director of

the Office of Management and Budget, shall carry out such

reviews not less frequently than every 3 years.

(2) S

COPE

.—The periodic reviews described in paragraph

(1) shall focus on matters including—

(A) interagency resources to address current threats

faced by the United States;

(B) the evolving technological and economic landscape;

and items on the United States Munitions List; and

(D) risks of misuse of United States-origin defense

articles.

(3) C

ONSULTATION

.—The Department of State may consult

with the Defense Trade Advisory Group (DTAG) and other

interested parties in conducting the periodic review described

in paragraph (1).

PART 3—AUKUS SUBMARINE TRANSFER

AUTHORIZATION ACT

SEC. 1351. SHORT TITLE.

This part may be cited as the ‘‘AUKUS Submarine Transfer

Authorization Act’’.

SEC. 1352. AUTHORIZATION OF SALES OF VIRGINIA CLASS SUB-

MARINES TO AUSTRALIA.

(a) I

ENERAL

.—Effective beginning on the date that is one

year after the date of the enactment of this Act, the President

is authorized to transfer up to two Virginia Class submarines

from the inventory of the Department of the Navy to the Govern-

ment of Australia on a sale basis, and transfer not more than

one additional Virginia Class submarine to the Government of

Australia on a sale basis pursuant to section 21 of the Arms

Export Control Act (22 U.S.C. 2761) during the 20-year period

Effective date.

Time period.

22 USC 10431

note.

President.

22 USC 10401

note.

AUKUS

Submarine

Transfer

Authorization

Act.

22 USC 2778

note.

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137 STAT. 515 PUBLIC LAW 118–31—DEC. 22, 2023

beginning on the date of the enactment of this Act, to implement

the trilateral security partnership between Australia, the United

Kingdom, and the United States (in this section referred to as

the ‘‘AUKUS partnership’’).

(b) P

ROVISIONS OF

UPERSEDED

.—The transfer of a vessel

authorized under subsection (a) shall not be subject to the require-

ments of—

(1) section 36 of the Arms Export Control Act (22 U.S.C.

2776); or

(2) section 8677 of title 10, United States Code.

OSTS OF

RANSFERS

.—Any expense incurred by the United

States in connection with a transfer of a vessel authorized under

subsection (a) shall be charged to the Government of Australia

notwithstanding section 516(e) of the Foreign Assistance Act of

1961 (22 U.S.C. 2321j(e)).

(d) C

ERTIFICATIONS AND

THER

EQUIREMENTS

.—

(1) I

N GENERAL

.—Not later than 270 days prior to the

transfer of a vessel authorized under subsection (a), the Presi-

dent shall submit to the appropriate congressional committees

and leadership a certification that—

(A) the transfer of such vessels—

(i) will not degrade the United States undersea

capabilities;

(ii) is consistent with United States foreign policy

and national security interests; and

(iii) is in furtherance of the AUKUS partnership;

(B) the United States is making sufficient submarine

production and maintenance investments to meet the com-

bination of United States military requirements and the

requirements under subparagraph (A);

appropriate funds and support for the additional capacity

required to meet the requirements identified in this section;

and

(D) the Government Australia has the capability to

host and fully operate the vessels authorized to be trans-

ferred.

(2) W

AIVER OF CHIEF OF NAVAL OPERATIONS CERTIFI

CATION

.—The requirement for the Chief of Naval Operations

to make a certification under section 8678 of title 10, United

States Code, shall not apply to the transfer of a vessel author-

ized under subsection (a).

(3) R

EQUIRED MUTUAL DEFENSE AGREEMENT

.—

(A) I

N GENERAL

.—The President may not provide for

the transfer of a vessel authorized under subsection (a)

unless the United States and Australia have entered into

a mutual defense agreement that meets the requirements

of subparagraph (B) and such agreement is in effect.

(B) R

EQUIREMENTS

.—A mutual defense agreement

meets the requirements described in this subparagraph

if the agreement—

(i) provides a clear legal framework for the sole

purpose of Australia’s acquisition of conventionally

armed, nuclear-powered submarines; and

(ii) meets the highest nonproliferation standards

for the exchange of nuclear materials, technology,

Deadline.

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137 STAT. 516 PUBLIC LAW 118–31—DEC. 22, 2023

equipment, and information between the United States

and Australia.

(4) S

UBSEQUENT SALES

.—A transfer of vessel that is a

Virginia class submarine on a sale basis other than a transfer

described in subsection (a) may occur only if such transfer

is explicitly authorized pursuant to a law enacted after the

date of the enactment of this Act.

(e) C

REDITING OF

ECEIPTS

.—

(1) I

N GENERAL

.—Notwithstanding any provision of law

pertaining to the crediting of amounts received from a sale

under the terms of section 21 of the Arms Export Control

Act (22 U.S.C. 2761), any receipt of the United States as a

result of a transfer of a vessel authorized under subsection

(a) shall—

(A) be credited, at the discretion of the President to—

(i) the appropriation, fund, or account used in

incurring the original obligation;

(ii) an appropriate appropriation, fund, or account

currently available for the purposes for which the

expenditures for the original acquisition of submarines

transferred under this section were made; or

(iii) any other appropriation, fund, or account

available for the improvement of the United States

submarine industrial base; and

(B) remain available for obligation until expended for

the same purpose as the appropriation to which the receipt

is credited.

(2) N

OTIFICATIONS AND REPORT

.—

(A) I

NITIAL NOTIFICATION

.—Not later than 30 days

before the date of the delivery of the first vessel authorized

to be transferred under subsection (a), the President shall

notify the appropriate congressional committees and leader-

ship of the following:

(i) The Government of Australia has achieved Sub-

marine Rotational Forces-West full operational capa-

bility to support 4 rotationally deployed Virginia class

submarines and one Astute class submarine, including

having demonstrated the domestic capacity to fully

perform all the associated activities necessary for the

safe hosting and operation of nuclear-powered sub-

marines.

(ii) The Government of Australia has achieved sov-

ereign-ready initial operational capability to support

a Royal Australian Navy Virginia class submarine,

including having demonstrated the domestic capacity

to fully perform all the associated—

(I) activities necessary for the safe hosting

and operation of nuclear-powered submarines;

(II) crewing;

(III) operations;

(IV) regulatory and emergency procedures,

including those specific to nuclear power plants;

and

(V) detailed planning for enduring Virginia

class submarine ownership, including each signifi-

cant event leading up to and including nuclear

defueling.

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137 STAT. 517 PUBLIC LAW 118–31—DEC. 22, 2023

(B) N

OTIFICATION

.—Not later than 30 days after the

date of a transfer of any vessel authorized under subsection

(a), and upon any transfer or depositing of funds received

pursuant to such a transfer, the President shall notify

the appropriate congressional committees and leadership

of—

(i) the amount of funds received pursuant to the

transfer; and

(ii) the specific account or fund into which the

funds described in clause (i) are deposited.

EPORT

.—Not later than 30 days after the receipt

of funds as described in subparagraph (B), the President

shall submit to the appropriate congressional committees

and leadership a report on the matters described in clauses

(i) and (ii) of subparagraph (A).

(f) A

PPLICABILITY OF

XISTING

AW TO

RANSFER OF

PECIAL

UCLEAR

ATERIAL AND

TILIZATION

ACILITIES FOR

ILITARY

PPLICATIONS

.—

(1) I

N GENERAL

.—With respect to any special nuclear mate-

rial for use in utilization facilities or any portion of a vessel

transferred under the authority of subsection (a) constituting

utilization facilities for military applications under section 91

of the Atomic Energy Act of 1954 (42 U.S.C. 2121), the transfer

of such material or such facilities shall only occur in accordance

with such section 91.

(2) U

SE OF FUNDS

.—The President may use proceeds from

a transfer described in subparagraph (1) for the acquisition

of submarine naval nuclear propulsion plants and the nuclear

fuel to replace the propulsion plants and fuel transferred to

the Government of Australia.

(g) R

EPAIR AND

EFURBISHMENT OF

AUKUS S

UBMARINES

.—

Section 8680 of title 10, United States Code, is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new sub-

section:

‘‘(c) R

EPAIR AND

EFURBISHMENT OF

ERTAIN

UBMARINES

.—

(1) Notwithstanding any other provision of this section, and subject

to paragraph (2), the President shall determine the appropriate

public or private shipyard in the United States, Australia, or the

United Kingdom to perform any repair or refurbishment of a United

States submarine involved in submarine security activities between

the United States, Australia, and the United Kingdom.

‘‘(2)(A) The President may determine under paragraph (1) that

repair or refurbishment described in such paragraph may be per-

formed in Australia or the United Kingdom only if—

‘‘(i) such repair or refurbishment will facilitate the develop-

ment of repair or refurbishment capabilities in the United

Kingdom or Australia;

‘‘(ii) such repair or refurbishment will be for a United

States submarine that is operating forward outside of the

United States; or

‘‘(iii) the Secretary of Defense certifies to Congress that

performing such repair or refurbishment at a shipyard in Aus-

tralia or the United Kingdom is required due to an exigent

threat to the national security interests of the United States.

Determination.

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137 STAT. 518 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) In making a determination under subparagraph (A), the

President shall consider any effects of such determination on the

capacity and capability of shipyards in the United States.

‘‘(C) Not later than 15 days after the date on which the Sec-

retary of Defense makes a certification under subparagraph (A)(iii),

the Secretary shall brief the congressional defense committees on—

‘‘(i) the threat that requires the use of a shipyard in Aus-

tralia or the United Kingdom; and

‘‘(ii) opportunities to mitigate the future potential need

to leverage foreign shipyards.

‘‘(3) Repair or refurbishment described in paragraph (1) may

be carried out by personnel and contractors of the United States,

the United Kingdom, or Australia in accordance with the inter-

national arrangements governing the submarine security activities

described in such paragraph.’’.

(h) T

RANSFER OR

XPORT OF

EFENSE

ERVICES

.—

(1) I

N GENERAL

.—The President may transfer or authorize

the export of defense services (as such term is defined in

section 47 of the Arms Export Control Act (22 U.S.C. 2794))

to the Government of Australia and the Government of the

United Kingdom necessary or incidental to support the transfer

and operation of vessels authorized under subsection (a).

(2) A

UTHORITY TO EXPORT TO AUSTRALIAN AND UNITED

KINGDOM PRIVATE AND PUBLIC

SECTOR PERSONNEL

.—The

transfer or export of defense services under this subsection

may be directly exported to private and public-sector personnel

of Australia or to private and public-sector personnel of the

United Kingdom to support the development of the Australian

submarine industrial base necessary for submarine security

activities between members of the AUKUS partnership,

including in the case in which such private and public-sector

personnel are not officers, employees, or agents of the Govern-

ment of Australia or the Government of the United Kingdom.

(3) A

PPLICATION OF REQUIREMENTS FOR RETRANSFER AND

REEXPORT

.—Any person who receives any defense service trans-

ferred or exported under paragraph (1) may retransfer or

reexport such service to other persons only in accordance with

the requirements of the Arms Export Control Act (22 U.S.C.

2751 et seq.).

(4) S

ECURITY CONTROLS

.—

(A) I

N GENERAL

.—Any defense service transferred or

exported under paragraph (1) shall be subject to appro-

priate security controls to ensure that any sensitive

information conveyed by such transfer or export is protected

from disclosure to persons unauthorized by the United

States to receive such information.

(B) C

ERTIFICATION

.—Not later than 30 days before the

first transfer or export of a defense service under paragraph

(1), and annually thereafter, the President shall certify

to the Committee on Foreign Relations of the Senate and

the Committee on Foreign Affairs of the House of Rep-

resentatives that the controls described in subparagraph

(A) will protect the information described in such subpara-

graph for the defense services so transferred or exported.

(i) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act and annually thereafter for 15

Deadline.

Certification.

Brief.

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137 STAT. 519 PUBLIC LAW 118–31—DEC. 22, 2023

years, the President shall submit to the appropriate congres-

sional committees and leadership a report describing—

(A) the status of the transfer of vessels authorized

under subsection (a);

(B) the implementation of submarine security coopera-

tion under the AUKUS partnership and challenges towards

its implementation;

submarine production and repair facilities, to include pro-

posed work conducted in Australia and the United Kingdom

to meet the additional work required by commitments

under the AUKUS partnership;

(D) an annual procurement schedule for the total

quantity of submarines the Department of Defense plans

to procure over the 15 years following the date of the

enactment of this Act; and

(E) a list of transfers or exports of defense services

authorized under subsection (h) and the private-sector per-

sonnel of Australia or the private-sector personnel of the

United Kingdom to whom the defense services were

exported.

(2) F

ORM

.—The report required by this subsection shall

be submitted in classified form.

SEC. 1353. ACCEPTANCE OF CONTRIBUTIONS IN SUPPORT OF AUS-

TRALIA, UNITED KINGDOM, AND UNITED STATES SUB-

MARINE SECURITY ACTIVITIES.

(a) A

CCEPTANCE

UTHORITY

.—The President may accept from

the Government of Australia contributions of money made by the

Government of Australia for use by the Department of Defense

in support of non-nuclear related aspects of submarine security

activities between Australia, the United Kingdom, and the United

States (in this section referred to as the ‘AUKUS partnership’).

(b) E

STABLISHMENT OF

UBMARINE

ECURITY

CTIVITIES

CCOUNT

.—

(1) I

N GENERAL

.—There is established in the Treasury of

the United States a special account to be known as the ‘‘Sub-

marine Security Activities Account’’.

(2) C

REDIT TO ACCOUNT

.—Contributions of money accepted

by the President under subsection (a) shall be credited to the

Submarine Security Activities Account.

(3) A

VAILABILITY

.—Amounts credited to the Submarine

Security Activities Account shall remain available until

expended.

SE OF

UNDS

.—

(1) I

N GENERAL

.—Subject to paragraphs (2) and (3) of sub-

section (b), the President may use funds in the Submarine

Security Activities Account—

(A) for any purpose authorized by law that the Presi-

dent determines would support the AUKUS submarine

security activities;

(B) to carry out a military construction project that

is consistent with the purposes for which the contributions

were made and is authorized by law;

base workforce by investing in recruiting, training, and

22 USC 10432

note.

President.

Classified

information.

List.

Contracts.

Time period.

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137 STAT. 520 PUBLIC LAW 118–31—DEC. 22, 2023

retaining key specialized labor at public and private ship-

yards; or

(D) to upgrade facilities, equipment, and infrastructure

needed to repair and maintain submarines at public and

private shipyards.

(2) N

O FURTHER SPECIFIC AUTHORIZATION IN LAW

REQUIRED

.—Funds in the Submarine Security Activities

Account may be used as described in this subsection without

further specific authorization in law.

(d) P

LAN FOR

SE OF

UNDS

.—Not later than 30 days prior

to any use of any funds in the Submarine Security Activities

Account, the President shall submit to the appropriate congressional

committees and leadership a plan detailing—

(1) the amount of funds in the Submarine Security Activi-

ties Account; and

(2) how such funds will be used, including specific amounts

and purposes.

(e) T

RANSFERS OF

UNDS

.—

(1) T

O DEPARTMENT OF DEFENSE

.—

(A) I

N GENERAL

.—In carrying out subsection (c), the

President may transfer funds available in the Submarine

Security Activities Account to appropriations available to

the Department of Defense.

(B) A

UTHORITY IN ADDITION TO OTHER TRANSFER

AUTHORITY

.—The authority provided in this paragraph is

in addition to any other transfer authority otherwise pro-

vided by law and is subject to the same terms and condi-

tions as the authority provided in section 8005 of the

Department of Defense Appropriations Act, 2023 (Public

Law 117-328), except for monetary limitations concerning

the amount of authority available.

VAILABILITY

.—Funds transferred under the

authority provided in this paragraph shall be merged with

and available for the same purposes, and for the same

time period, as the appropriation to which transferred.

(D) L

IMITATION ON CERTAIN TRANSACTIONS

.—Contribu-

tions referred to in subsection (a) may not be obligated

for a transaction authorized in subsection (c)(1)(B) until

the President submits to the appropriate congressional

committees and leadership notice of the transaction,

including a detailed cost estimate, and a period of 21 days

has elapsed after the date on which the notification is

received by the appropriate congressional committees and

leadership or, if earlier, a period of 14 days has elapsed

after the date on which a copy of the notification is provided

in an electronic medium.

(2) T

O DEPARTMENT OF ENERGY

.—In carrying out subsection

(c), and in accordance with the Atomic Energy Act of 1954,

(42 U.S.C. 2011 et seq.), the President may transfer funds

available in the Submarine Security Activities Account to appro-

priations or funds of the Department of Energy available to

carry out activities related to AUKUS submarine security activi-

ties.

(3) T

RANSFERS BACK TO SUBMARINE SECURITY ACTIVITIES

ACCOUNT

.—Upon a determination by the President that all

or part of the funds transferred from the Submarine Security

Activities Account under this subsection are not necessary for

Determination.

Notification.

Cost estimate.

Time periods.

Records.

Deadline.

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137 STAT. 521 PUBLIC LAW 118–31—DEC. 22, 2023

the purposes for which such funds were transferred, all or

such part of such funds shall be transferred back to the Sub-

marine Security Activities Account.

(f) I

NVESTMENT OF

ONEY

.—

(1) I

N GENERAL

.—The President may invest money in the

Submarine Security Activities Account in securities of the

United States or in securities guaranteed as to principal and

interest by the United States.

(2) I

NTEREST

.—Any interest or other income that accrues

from investment in securities referred to in paragraph (1) shall

be deposited to the credit of the Submarine Security Activities

Account.

(g) R

ELATIONSHIP TO

THER

AWS

.—The authority to accept

or transfer funds under this section is in addition to any other

statutory authority to accept or transfer funds.

(h) N

OTIFICATION AND

EPORT

.—

(1) N

OTIFICATION

.—Not later than 60 days prior to the

transfer of any funds from the Submarine Security Activities

Account, the President shall notify the appropriate congres-

sional committees and leadership of—

(A) the intended use of such funds by appropriation,

program, project, and activity, as defined in the Joint

Explanatory Statement accompanying the Department of

Defense Appropriations Act 2023 (Public Law 117-328);

and

(B) the extent to which such funds complement, supple-

ment, or supplant other on-going or planned efforts funded

by an appropriations Act with an identification of the asso-

ciated funding and explanation of the combined efforts

including the intended outcomes.

(2) A

NNUAL REPORT

.—Not later than November 30 of each

year until one year after the date on which all funds transferred

under this section have been fully expended, the President

shall submit to the appropriate congressional committees and

leadership a report that includes a detailed accounting of—

(A) the amount of funds transferred under this sub-

section during the fiscal year preceding the fiscal year

in which the report is submitted; and

(B) the purposes for which such funds were used.

(i) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 30 days after the date

on which contributions of money accepted by the President

under subsection (a) are credited to the Submarine Security

Activities Account under subsection (b), the President shall

submit to the appropriate congressional committees and leader-

ship a report on—

(A) the amount of money so transferred;

(B) a description of the intended use of the funds;

and

of the Submarine Security Activities Account as determined

necessary by the Secretary.

(2) F

ORM

.—The report required by this subsection shall

be submitted in unclassified form but may include a classified

annex.

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137 STAT. 522 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1354. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADER-

SHIP DEFINED.

In this subtitle, the term ‘‘appropriate congressional committees

and leadership’’ means—

(1) the Speaker of the House of Representatives and the

Committee on Foreign Affairs, the Committee on Armed Serv-

ices, and the Committee on Appropriations of the House of

Representatives; and

(2) the majority leader of the Senate and the Committee

on Foreign Relations, the Committee on Armed Services, and

the Committee on Appropriations of the Senate.

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.

Subtitle A—Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

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 providing capital for

working capital and revolving funds, as specified in the funding

table in section 4501.

SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

DEFENSE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for the Department of Defense for

fiscal year 2024 for expenses, not otherwise provided for, for Chem-

ical Agents and Munitions Destruction, Defense, as specified in

the funding table in section 4501.

(b) U

.—Amounts authorized to be appropriated under sub-

section (a) are authorized for—

(1) the destruction of lethal chemical agents and munitions

in accordance with section 1412 of the Department of Defense

Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare materiel of the

United States that is not covered by section 1412 of such

Act.

22 USC 10433.

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137 STAT. 523 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2024 for expenses, not otherwise

provided for, for Drug Interdiction and Counter-Drug Activities,

Defense-wide, as specified in the funding table in section 4501.

SEC. 1404. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Depart-

ment of Defense for fiscal year 2024 for expenses, not otherwise

provided for, for the Office of the Inspector General of the Depart-

ment of Defense, as specified in the funding table in section 4501.

SEC. 1405. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for fiscal year

2024 for the Defense Health Program for use of the Armed Forces

and other activities and agencies of the Department of Defense

for providing for the health of eligible beneficiaries, as specified

in the funding table in section 4501.

Subtitle B—National Defense Stockpile

SEC. 1411. IMPROVEMENTS TO STRATEGIC AND CRITICAL MATERIALS

STOCK PILING ACT.

(a) P

URPOSES

.—Section 2 of the Strategic and Critical Materials

Stock Piling Act (50 U.S.C. 98a) is amended by adding at the

end the following new subsection:

‘‘(d) To the maximum extent practicable and to reduce the

reliance of the National Defense Stockpile program on appropriated

funds, the National Defense Stockpile Manager shall seek to achieve

positive cash flows from the recovery of strategic and critical mate-

rials pursuant to section 6(a)(5).’’.

(b) S

TOCKPILE

ANAGEMENT

.—Section 6 of such Act (50 U.S.C.

98e) is amended—

(1) in subsection (a)(5), by striking ‘‘from excess’’ and all

that follows and inserting ‘‘from other Federal agencies, either

directly as materials or embedded in excess-to-need, end-of-

life items, or waste streams;’’;

(2) in subsection (c)(1), by striking ‘‘subsection (a)(5) or

(a)(6)’’ and inserting ‘‘subsection (a)(6) or (a)(7)’’;

(3) in subsection (d)(2), by striking ‘‘subsection (a)(5)’’ and

inserting ‘‘subsection (a)(6)’’; and

(4) by adding at the end the following new subsections:

‘‘(g)(1) The National Defense Stockpile Manager shall establish

a pilot program to use, to the maximum extent practicable, commer-

cial best practices in the acquisition and disposal of strategic and

critical materials for the stockpile.

‘‘(2)(A) The Stockpile Manager shall brief the congressional

defense committees (as defined in section 101(a) of title 10, United

States Code)—

‘‘(i) as soon as practicable after the establishment of the

pilot program under paragraph (1); and

‘‘(ii) annually thereafter until the termination of the pilot

program under paragraph (3).

‘‘(B) The briefing required by subparagraph (A)(i) shall

address—

Brief.

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137 STAT. 524 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(i) the commercial best practices selected for use under

the pilot program;

‘‘(ii) how the Stockpile Manager determined which commer-

cial best practices to select; and

‘‘(iii) the plan of the Stockpile Manager for using such

practices.

‘‘(C) Each briefing required by subparagraph (A)(ii) shall pro-

vide a summary of—

‘‘(i) how the Stockpile Manager has used commercial best

practices under the pilot program during the year preceding

the briefing;

‘‘(ii) how many times the Stockpile Manager has used such

practices;

‘‘(iii) the outcome of each use of such practices; and

‘‘(iv) any savings achieved or lessons learned as a result

of the use of such practices.

‘‘(3) The pilot program established under paragraph (1) shall

terminate effective on the date that is 5 years after the date

of the enactment of the National Defense Authorization Act for

Fiscal Year 2024.

‘‘(h) Except to the extent necessary for the national defense,

the National Defense Stockpile Manager shall ensure that each

program for the recovery of strategic and critical materials imple-

mented under subsection (a)(5) operates in a manner designed

to achieve positive cash flow.’’.

TRATEGIC AND

RITICAL

ATERIALS

OARD OF

IRECTORS

.—

Section 10 of such Act (50 U.S.C. 98h–1) is amended—

(1) in subsection (c)—

(A) in paragraph (4), by striking ‘‘of the National

Defense Stockpile Manager’’ and inserting ‘‘of the manage-

ment and operations of the National Defense Stockpile

program’’;

(B) by striking paragraph (5) and redesignating para-

graphs (6) through (10) as paragraphs (5) through (9),

respectively; and

(i) by striking ‘‘required by section 11(a)(2) of this

Act, including a review of’’ and inserting ‘‘required

by section 11(a) of this Act. The report required by

section 11(b)(2) shall include the views and rec-

ommendations of the Board on’’; and

(ii) by striking ‘‘proposed actions to be taken under

the Annual Materials and Operations Plan’’ and

inserting ‘‘all acquisition of materials for and disposals

of materials from the stockpile’’; and

(2) by amending subsection (e) to read as follows:

‘‘(e) A

PPLICATION OF

ROVISIONS

ELATING TO

EDERAL

DVISORY

OMMITTEES

.—Section 1013(a) of title 5, United States

Code, shall not apply to the Board.’’.

(d) R

EPORTS

.—Section 11 of such Act (50 U.S.C. 98h-2) is

amended—

(1) in subsection (a), by striking ‘‘the following:’’ and all

that follows and inserting ‘‘an Annual Materials and Operations

Plan for the forthcoming year.’’;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) in the heading—

Recommenda-

tions.

Termination

date.

Summaries.

Plan.

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137 STAT. 525 PUBLIC LAW 118–31—DEC. 22, 2023

(I) by striking ‘‘R

EPORTS

’’ and inserting

‘‘R

EPORT

’’; and

(II) by striking ‘‘

MANAGE

’’ and inserting ‘‘

MAN

AGER

’’;

(ii) in the matter preceding subparagraph (A)—

(I) by striking ‘‘90 days after the conclusion

of the fourth quarter of each fiscal year’’ and

inserting ‘‘February 15 of each fiscal year’’; and

(II) by striking ‘‘a report’’ and inserting ‘‘an

Annual Operations and Materials Plan’’;

(iii) by amending subparagraph (E) to read as fol-

lows:

‘‘(E) a statement and explanation of the financial status

of the National Defense Stockpile Transaction Fund and

anticipated appropriations to be made to the Fund, and

obligations to be made from the fund, during the current

fiscal year;’’; and

(iv) by striking subparagraphs (G) and (H) and

inserting the following:

‘‘(G) an annual materials plan for the operation of

the stockpile during the next fiscal year and the succeeding

four fiscal years and planned expenditures from the

National Defense Stockpile Transaction Fund and antici-

pated receipts from disposal of stockpile materials, which

shall include—

‘‘(i) details of all planned expenditures from the

National Defense Stockpile Transaction Fund during

such period and of anticipated receipts from the pro-

posed disposals of stockpile materials during such

period;

‘‘(ii) details regarding materials development and

research projects to be conducted during the fiscal

years covered by the report using moneys in the

National Defense Stockpile Transaction Fund pursuant

to section 9(b)(2)(G); and

‘‘(iii) with respect to each development and

research project described in clause (ii), the report

shall specify the amount planned to be expended from

the National Defense Stockpile Transaction Fund, the

material intended to be developed, the potential mili-

tary or defense industrial applications for that mate-

rial, and the development and research methodologies

to be used;

‘‘(H) any proposed expenditure or disposal detailed in

the annual materials plan for any such fiscal year, and

any expenditure or disposal proposed in connection with

any transaction submitted for such fiscal year to the appro-

priate committees of Congress pursuant to section 5(a)(2)

that is not obligated or executed in that fiscal year may

not be obligated or executed until such proposed expendi-

ture or disposal is resubmitted in a subsequent annual

materials plan or is resubmitted to the appropriate commit-

tees of Congress in accordance with section 5(a)(2), as

appropriate; and

‘‘(I) a summary of the implementation and findings

of the pilot program established under section 6(g)(1),

including—

Summary.

Proposed

expenditures.

Plan.

Time periods.

Plan.

Financial

statement.

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137 STAT. 526 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(i) the commercial best practices selected for use

under the pilot program;

‘‘(ii) how the National Defense Stockpile Manager

determined which commercial best practices to select;

‘‘(iii) how the National Defense Stockpile Manager

has used commercial best practices under the pilot

program during the year preceding the briefing;

‘‘(iv) the outcome of each use of such practices;

and

‘‘(v) any savings achieved or lessons learned as

a result of the use of such practices.’’; and

(B) in paragraph (2), by striking ‘‘paragraph (1)’’ and

all that follows and inserting ‘‘paragraph (1) which shall

include the activities of the Board to carry out the duties

listed in section 10(c) of this Act’’.

(e) D

EVELOPMENT AND

ONSERVATION OF

ELIABLE

OURCES

.—

(1) I

N GENERAL

.—Section 15 of such Act (50 U.S.C. 98h–

6) is amended to read as follows:

‘‘SEC. 15. DEVELOPMENT AND CONSERVATION OF RELIABLE SOURCES.

‘‘(a) D

UTIES

.—Subject to subsection (d), the National Defense

Stockpile Manager shall encourage the development and appro-

priate conservation of reliable sources of strategic and critical mate-

rials—

‘‘(1) by purchasing, or making a commitment to purchase,

strategic and critical materials from reliable sources when such

materials are needed for the stockpile;

‘‘(2) by contracting with facilities located in and owned

and controlled by reliable sources, or making a commitment

to contract with such facilities, for the processing or refining

of strategic and critical materials in the stockpile when proc-

essing or refining is necessary to convert such materials into

a form more suitable for storage or disposition or meeting

stockpile requirements;

‘‘(3) by qualifying facilities located in and owned and con-

trolled by reliable sources, or qualifying strategic and critical

materials produced by such facilities, to meet stockpile require-

ments;

‘‘(4) by contracting with facilities located in and owned

and controlled by reliable sources to recycle strategic and crit-

ical materials to meet stockpile requirements or increase the

balance of the National Defense Stockpile Transaction Fund

under section 9; and

‘‘(5) by entering into an agreement to co-fund a bankable

feasibility study for a project for the development of strategic

and critical materials located in and owned and controlled

by a reliable source, if the agreement—

‘‘(A) limits the liability of the stockpile to not more

than the total funding provided by the Federal Government;

‘‘(B) limits the funding contribution of the Federal

Government to not more than 50 percent of the cost of

the bankable feasibility study; and

‘‘(C) does not obligate the Federal Government to pur-

chase strategic and critical materials from the reliable

source.

‘‘(b) A

DDITIONAL

UTHORITIES

.—

‘‘(1) E

XTENDED CONTRACTING AUTHORITY

.—

Time period.

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137 STAT. 527 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) I

N GENERAL

.—The term of a contract or commit-

ment made under subsection (a) may not exceed ten years.

‘‘(B) P

REEXISTING CONTRACTS

.—A contract entered into

before the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2024 for a term of more

than ten years may be extended, on or after such date

of enactment, for a total of not more than an additional

ten years pursuant to any option or options set forth in

the contract.

‘‘(2) M

ATTERS RELATING TO CO

FUNDING OF BANKABLE FEASI

BILITY STUDIES

.—To the extent authorized by Congress pursu-

ant to the Defense Production Act of 1950 (50 U.S.C. 4501

et seq.) and determined to be required by the President pursu-

ant to that Act, the National Defense Stockpile Manager may

provide for loans or procure debt issued by other entities to

carry out a project for the development of strategic and critical

materials with respect to which a study was carried out under

subsection (a)(5).

‘‘(c) P

ROPOSED

RANSACTIONS

NCLUDED IN

NNUAL

ATERIALS

LAN

.—Descriptions of proposed transactions under subsection (a)

shall be included in the Annual Materials and Operations Plan.

Changes to any such transaction, or the addition of a transaction

not included in such plan, shall be made in accordance with section

5(a)(2).

‘‘(d) A

VAILABILITY OF

UNDS

.—The authority of the National

Defense Stockpile Manager to enter into obligations under this

section is effective for any fiscal year only to the extent that funds

in the National Defense Stockpile Transaction Fund under section

9 are adequate to meet such obligations.

‘‘(e) B

ANKABLE

EASIBILITY

TUDY

EFINED

.—In this section,

the term ‘bankable feasibility study’ means a comprehensive tech-

nical and economic study—

‘‘(1) of the selected option for a strategic and critical mate-

rials development project that includes appropriately detailed

assessments of realistically assumed extraction, processing,

metallurgical, economic, marketing, legal, environmental,

social, and governmental considerations and any other relevant

operational factors and detailed financial analysis, that are

necessary to demonstrate at the time of reporting that produc-

tion is reasonably justified; and

‘‘(2) that may reasonably serve as the basis for a final

decision by a proponent of a project or financial institution

to proceed with, or finance, the development of the project.’’.

(2) C

ONFORMING AMENDMENTS

.—

(A) S

IGNIFICANT STOCKPILE TRANSACTION CHANGE

REPORT

.—Section 5(a)(2) of such Act (50 U.S.C. 98d(a)(2))

is amended by striking ‘‘the Board’’ and inserting ‘‘the

National Defense Stockpile Manager’’.

(B) M

ATERIALS RESEARCH AND DEVELOPMENT

.—Section

8(a) of such Act (50 U.S.C. 98g(a)) is amended—

(i) in paragraph (1), by striking ‘‘or in its territories

or possessions,’’ and inserting ‘‘its territories or posses-

sions, or in a reliable source’’; and

(ii) in paragraph (2), by striking ‘‘in order to—

’’ and all that follows and inserting the following: ‘‘in

order to develop new sources of strategic and critical

materials, develop substitutes, or conserve domestic

Determination.

President.

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137 STAT. 528 PUBLIC LAW 118–31—DEC. 22, 2023

sources and reliable sources of supply for such strategic

and critical materials.’’.

EFINITIONS

.—Section 12 of such Act (50 U.S.C.

98h–3) is amended by striking paragraph (3) and inserting

the following new paragraph:

‘‘(3) The term ‘reliable source’ mean a citizen or business

entity organized under the laws of—

‘‘(A) the United States or any territory or possession

of the United States;

‘‘(B) a country of the national technology and industrial

base, as such term is defined in section 4801 of title 10,

United States Code; or

‘‘(C) a qualifying country, as defined in section 225.003

of the Defense Federal Acquisition Regulation Supplement

or any successor document.’’.

SEC. 1412. AUTHORITY TO DISPOSE OF MATERIALS FROM THE

NATIONAL DEFENSE STOCKPILE.

Pursuant to section 5(b) of the Strategic and Critical Materials

Stock Piling Act (50 U.S.C. 98d(b)), the National Defense Stockpile

Manager may dispose of the following materials contained in the

National Defense Stockpile in the following quantities:

(1) 8 short tons of beryllium.

(2) 154,043 short dry tons of metallurgical grade manganese

ore.

(3) 5,000 kilograms of germanium.

(4) 91,413 pounds of pan-based carbon fibers.

(5) Not more than 1,000 short tons of materials transferred

from another department or agency of the United States to

the National Defense Stockpile under section 4(b) of such Act

(50 U.S.C. 98c(b)) that the National Defense Stockpile Manager

determines is no longer required for the Stockpile (in addition

to any amount of such materials previously authorized for

disposal).

SEC. 1413. BEGINNING BALANCES OF THE NATIONAL DEFENSE STOCK-

PILE TRANSACTION FUND FOR AUDIT PURPOSES.

For purposes of an audit conducted under chapter 9A of title

10, United States Code, of the National Defense Stockpile Trans-

action Fund established by section 9 of the Strategic and Critical

Materials Stock Piling Act (50 U.S.C. 98h)—

(1) the ending balance of $313,633,491.15 reported in the

Central Accounting Reporting System of the Department of

the Treasury for September 30, 2021, is the Fund Balance

with Treasury ending balance on that date;

(2) the Total Actual Resources–Collected opening balance

for October 1, 2021, for United States Standard General Ledger

Account 420100 is $314,548,154.42, as recorded in official

accounting records; and

(3) the Unapportioned–Unexpired Authority ending balance

for September 30, 2021, for United States Standard General

Ledger Account 445000 is $216,976,300.69, as recorded in offi-

cial accounting records.

SEC. 1414. CRITICAL MINERAL INDEPENDENCE.

(a) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

10 USC 4811

note.

50 USC 98d note.

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137 STAT. 529 PUBLIC LAW 118–31—DEC. 22, 2023

(A) the Committee on Armed Services of the Senate;

and

(B) the Committee on Armed Services of the House

of Representatives.

(2) C

OVERED COUNTRY

.—The term ‘‘covered country’’

means—

(A) a covered nation (as defined in section 4872(d)

of title 10, United States Code); and

(B) any other country determined by the Secretary

of Defense to be a strategic competitor or adversary of

the United States for purposes of this section.

(3) C

RITICAL MINERAL

.—The term ‘‘critical mineral’’ means

a critical mineral (as defined in section 7002(a) of the Energy

Act of 2020 (30 U.S.C. 1606(a))) that the Secretary of Defense

determines to be important to the national security of the

United States for purposes of this section.

(4) S

HORTFALL MATERIAL

.—The term ‘‘shortfall material’’

means materials determined to be in shortfall in the most

recent report on stockpile requirements submitted to Congress

under subsection (a) of section 14 of the Strategic and Critical

Materials Stock Piling Act (50 U.S.C. 98h–5) and included

in the most recent briefing required by subsection (f) of such

section.

(b) S

TATEMENT OF

OLICY

.—It is the policy of the United

States—

(1) to expand secure sources of supply of critical minerals,

including rare earth elements, in the United States and in

countries that are allies or partners of the United States to

meet the needs of the United States defense sector so that

the Department of Defense will achieve critical mineral supply

chain independence from covered countries, including the Peo-

ple’s Republic of China, the Russian Federation, the Islamic

Republic of Iran, and the Democratic People’s Republic of North

Korea; and

(2) that the Department of Defense will procure critical

minerals and products made using supply chains involving

critical minerals that are not mined or processed in or by

covered countries.

TRATEGY TO

CHIEVE

RITICAL

INERAL

UPPLY

HAIN

NDEPENDENCE FOR THE

EPARTMENT OF

EFENSE

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Under Secretary of Defense

for Acquisition and Sustainment shall submit to the appropriate

committees of Congress a strategy to develop supply chains

for the Department of Defense that are not dependent on

mining or processing of critical minerals in or by covered coun-

tries, in order to achieve critical mineral supply chain independ-

ence from covered countries for the Department by 2035.

(2) E

LEMENTS

.—The strategy required by paragraph (1)

shall—

(A) identify and assess significant vulnerabilities in

the supply chains of contractors and subcontractors of the

Department of Defense involving critical minerals that are

mined or processed in or by covered countries;

(B) identify and recommend changes to the acquisition

laws, regulations, and policies of the Department of Defense

to ensure contractors and subcontractors of the Department

Recommenda-

tions.

Assessment.

Deadlines.

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137 STAT. 530 PUBLIC LAW 118–31—DEC. 22, 2023

use supply chains involving critical minerals that are not

mined or processed in or by covered countries to the

greatest extent practicable;

the process for acquiring shortfall materials for the

National Defense Stockpile under the Strategic and Critical

Materials Stock Piling Act (50 U.S.C. 98 et seq.) to

strengthen mining and processing capacity for critical min-

erals in the United States and in countries that are allies

or partners of the United States;

(D) identify areas of potential engagement and partner-

ship with the governments of countries that are allies

or partners of the United States to jointly reduce depend-

ence on critical minerals mined or processed in or by cov-

ered countries;

(E) identify and recommend other policy changes that

may be needed to achieve critical mineral supply chain

independence from covered countries for the Department;

(F) identify and recommend measures to streamline

authorities and policies with respect to critical minerals

and supply chains for critical minerals; and

(G) prioritize the recommendations made in the

strategy to achieve critical mineral supply chain independ-

ence from covered countries for the Department, taking

into consideration economic costs and varying degrees of

vulnerability posed to the national security of the United

States by reliance on different types of critical minerals.

(3) F

ORM OF STRATEGY

.—The strategy required by para-

graph (1) shall be submitted in classified form but shall include

an unclassified summary.

Subtitle C—Other Matters

SEC. 1421. MODIFICATION OF LEASING AUTHORITY OF ARMED FORCES

RETIREMENT HOME.

(a) A

GREEMENTS

.—Before entering a lease under section 1511(i)

of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.

411(i)), the Chief Operating Officer of the Armed Forces Retirement

Home may enter into an agreement with a potential lessee for

such lease providing for a period of exclusivity, access, study, or

for similar purposes. The agreement shall provide for the payment

(in cash or in kind) by the potential lessee of consideration for

the agreement unless the Chief Operating Officer determines that

payment of consideration will not promote the purpose and financial

stability of the Armed Forces Retirement Home or be in the public

interest.

(b) A

PPROVAL AND

OTIFICATION

.—A sublease pursuant to sec-

tion 1511(i) of the Armed Forces Retirement Home Act of 1991

(24 U.S.C. 411(i)) shall not be subject to the approval of the Sec-

retary of Defense or any requirement to notify or submit a report

to Congress described in such section if the Chief Operating Officer

of the Armed Forces Retirement Home determines that the terms

of the sublease conform with the terms of such lease.

DMINISTRATION OF

UNDS

.—

Determination.

Payment.

Determination.

24 USC 411 note.

Recommenda-

tions.

Evaluation.

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137 STAT. 531 PUBLIC LAW 118–31—DEC. 22, 2023

(1) A

GREEMENT PROCEEDS

.—The proceeds from an agree-

ment entered into under subsection (a) shall be deposited in

the Armed Forces Retirement Home Trust Fund.

(2) F

UND USES

.—The proceeds from the lease of property

under section 1511(i) of the Armed Forces Retirement Home

Act of 1991 (24 U.S.C. 411(i)) and the proceeds from agreements

entered into under subsection (a) of this section that are depos-

ited in the Armed Forces Retirement Home Trust Fund shall

remain available for obligation and expenditure to finance

expenses of the Retirement Home related to the formation

and administration of agreements and leases entered into under

the provisions of this section or such section 1511(i).

(d) S

UNSET

.—This section shall terminate on September 30,

2026.

SEC. 1422. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPART-

MENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS

MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN

JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.

(a) A

UTHORITY FOR

RANSFER OF

UNDS

.—Of the funds author-

ized to be appropriated for section 1405 and available for the

Defense Health Program for operation and maintenance,

$172,000,000 may be transferred by the Secretary of Defense to

the Joint Department of Defense–Department of Veterans Affairs

Medical Facility Demonstration Fund established by subsection

(a)(1) of section 1704 of the National Defense Authorization Act

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For

purposes of subsection (a)(2) of such section 1704, any funds so

transferred shall be treated as amounts authorized and appro-

priated specifically for the purpose of such a transfer.

(b) U

SE OF

RANSFERRED

UNDS

.—For the purposes of sub-

section (b) of such section 1704, facility operations for which funds

transferred under subsection (a) may be used are operations of

the Captain James A. Lovell Federal Health Care Center, consisting

of the North Chicago Veterans Affairs Medical Center, the Navy

Ambulatory Care Center, and supporting facilities designated as

a combined Federal medical facility under an operational agreement

covered by section 706 of the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122

Stat. 4500).

SEC. 1423. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES

RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year

2024 from the Armed Forces Retirement Home Trust Fund the

sum of $77,000,000 of which—

(1) $68,060,000 is for operating expenses; and

(2) $8,940,000 is for capital maintenance and construction.

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.

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137 STAT. 532 PUBLIC LAW 118–31—DEC. 22, 2023

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.

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.

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137 STAT. 533 PUBLIC LAW 118–31—DEC. 22, 2023

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.

Subtitle A—Cyber Operations

SEC. 1501. PERFORMANCE METRICS FOR PILOT PROGRAM ON

SHARING CYBER CAPABILITIES AND RELATED INFORMA-

TION WITH FOREIGN OPERATIONAL PARTNERS.

Chapter 19 of title 10, United States Code, is amended—

(1) by redesignating the second section 398 (relating to

pilot program for sharing cyber capabilities and related

information with foreign operational partners) as section 398a;

and

(2) in section 398a, as so redesignated—

(A) by redesignating subsections (f) and (g) as sub-

sections (g) and (h), respectively; and

(B) by inserting after subsection (e) the following new

subsection:

‘‘(f) P

ERFORMANCE

ETRICS

.—(1) The Secretary of Defense shall

maintain performance metrics to track the results of sharing cyber

capabilities and related information with foreign operational part-

ners under a pilot program authorized by subsection (a).

‘‘(2) The performance metrics under paragraph (1) shall include

the following:

‘‘(A) Whom the cyber capability was used against.

‘‘(B) The effect of the cyber capability, including whether

and how the transfer of the cyber capability improved the

operational cyber posture of the United States and achieved

operational objectives of the United States, or had no effect.

‘‘(C) Such other outcome-based or appropriate performance

metrics as the Secretary considers appropriate for evaluating

the effectiveness of a pilot program carried out under subsection

(a).’’.

SEC. 1502. HARMONIZATION AND CLARIFICATION OF STRATEGIC

CYBERSECURITY PROGRAM AND RELATED MATTERS.

(a) H

ARMONIZATION AND

LARIFICATION

.—

(1) I

N GENERAL

.—Chapter 19 of title 10, United States

Code, is amended by inserting after section 391a the following

new section:

‘‘§ 391b. Strategic cybersecurity program

‘‘(a) I

ENERAL

.—(1) There is a program to be known as

the ‘Strategic Cybersecurity Program’ (in this section referred to

as the ‘Program’) to ensure the ability of the Department of Defense

to conduct the most critical military missions of the Department.

‘‘(2) The Secretary of Defense shall designate a principal staff

assistant from within the Office of the Secretary of Defense whose

office shall serve as the office of primary responsibility for the

Program, and provide policy, direction, and oversight regarding

the execution of the responsibilities of the program manager selected

pursuant to subsection (c)(1).

‘‘(b) M

EMBERSHIP

.—In addition to the office of primary responsi-

bility for the Program under subsection (a)(2) and the program

Designation.

10 USC 391b.

10 USC

prec. 391.

10 USC

prec. 391.

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137 STAT. 534 PUBLIC LAW 118–31—DEC. 22, 2023

manager selected pursuant to subsection (c)(1), membership in the

Program shall include the following:

‘‘(1) The Vice Chairman of the Joint Chiefs of Staff.

‘‘(2) The Commanders of the United States Cyber Com-

mand, United States European Command, United States Indo-

Pacific Command, United States Northern Command, United

States Strategic Command, United States Space Command,

United States Transportation Command.

‘‘(3) The Under Secretary of Defense for Acquisition and

Sustainment.

‘‘(4) The Under Secretary of Defense for Policy.

‘‘(5) The Chief Information Officer of the Department of

Defense.

‘‘(6) The Chief Digital and Artificial Intelligence Officer

of the Department of Defense.

‘‘(7) The chief information officers of the military depart-

ments.

‘‘(8) The Principal Cyber Advisor of the Department of

Defense.

‘‘(9) The Principal Cyber Advisors of the military depart-

ments.

‘‘(10) Each senior official identified pursuant to subsection

(i) of section 1647 of the National Defense Authorization Act

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118).

‘‘(11) Such other officials as may be determined necessary

by the Secretary of Defense.

‘‘(c) P

ROGRAM

FFICE

.—(1) There is in the Cybersecurity Direc-

torate of the National Security Agency a program office to support

the Program by identifying threats to, vulnerabilities in, and

remediations for, the missions and mission elements specified in

subsection (d)(1). Such program office shall be headed by a program

manager selected by the Director of the National Security Agency.

‘‘(2) The Chief Information Officer of the Department of

Defense, in exercising authority, direction, and control over the

Cybersecurity Directorate of the National Security Agency, shall

ensure that the program office under paragraph (1) is responsive

to the requirements and direction of the program manager selected

pursuant to such paragraph.

‘‘(3) The Secretary may augment the personnel assigned to

the program office under paragraph (1) by assigning personnel

as appropriate from among members of any covered armed force

(including the reserve components thereof), civilian employees of

the Department of Defense (including the Defense Intelligence

Agency), and personnel of the research laboratories of the Depart-

ment of Defense, who have particular expertise in the areas of

responsibility referred to in subsection (d).

‘‘(d) D

ESIGNATION OF

ISSION

LEMENTS OF

ROGRAM

.—(1) The

Under Secretary of Defense for Policy, the Under Secretary of

Defense for Acquisition and Sustainment, and the Vice Chairman

of the Joint Chiefs of Staff shall identify and designate for inclusion

in the Program all of the systems, critical infrastructure, kill chains,

and processes, including systems and components in development,

that comprise the following military missions of the Department

of Defense:

‘‘(A) Nuclear deterrence and strike.

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137 STAT. 535 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) Select long-range conventional strike missions ger-

mane to the warfighting plans of the United States European

Command and the United States Indo-Pacific Command.

‘‘(C) Offensive cyber operations.

‘‘(D) Homeland missile defense.

‘‘(2) The Vice Chairman of the Joint Chiefs of Staff shall coordi-

nate the identification and prioritization of the missions and mission

components, and the development and approval of requirements

relating to the cybersecurity of the missions and mission compo-

nents, of the Program.

‘‘(e) A

DDITIONAL

ESPONSIBILITIES OF

EAD OF

FFICE OF

MARY

ESPONSIBILITY

.—In addition to providing policy, direction,

and oversight as specified in subsection (a)(2), the head of the

office of primary responsibility for the Program designated under

such subsection shall be responsible—

‘‘(1) for overseeing and providing direction on any covered

statutory requirement that is ongoing, recurrent (including on

an annual basis), or unfulfilled, including by—

‘‘(A) reviewing any materials required to be submitted

to Congress under the covered statutory requirement prior

to such submission; and

‘‘(B) ensuring such submissions occur by the applicable

deadline under the covered statutory requirement: and

‘‘(2) recording and monitoring the remediation of identified

vulnerabilities in constituent systems, infrastructure, kill

chains, and processes of the missions specified in subsection

(d)(1).

‘‘(f) R

ESPONSIBILITIES OF

ROGRAM

ANAGER

.—The program

manager selected pursuant to subsection (c)(1) shall be responsible

for the following:

‘‘(1) Conducting end-to-end vulnerability assessments of the

constituent systems, infrastructure, kill chains, and processes

of the missions specified in subsection (d)(1).

‘‘(2) Prioritizing and facilitating the remediation of identi-

fied vulnerabilities in such constituent systems, infrastructure,

kill chains, and processes.

‘‘(3) Conducting, prior to the Milestone B approval for any

proposed such system or infrastructure germane to the missions

of the Program, appropriate reviews of the acquisition and

system engineering plans for that proposed system or infra-

structure, in accordance with the policy and guidance of the

Under Secretary of Defense for Acquisition and Sustainment

regarding the components of such reviews and the range of

systems and infrastructure to be reviewed.

‘‘(4) Advising the Secretaries of the military departments,

the commanders of the combatant commands, and the Joint

Staff on the vulnerabilities and cyberattack vectors that pose

substantial risk to the missions of the Program and their con-

stituent systems, critical infrastructure, kill chains, or proc-

esses.

‘‘(5) Ensuring that the Program builds upon (including

through the provision of oversight and direction by the head

of the office of primary responsibility for the Program pursuant

to subsection (e), as applicable), and does not duplicate, other

efforts of the Department of Defense relating to cybersecurity,

including the following:

Coordination.

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137 STAT. 536 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) The evaluation of cyber vulnerabilities of major

weapon systems of the Department of Defense required

under section 1647 of the National Defense Authorization

Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.

1118).

‘‘(B) The evaluation of cyber vulnerabilities of critical

infrastructure of the Department of Defense required under

section 1650 of the National Defense Authorization Act

for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224

note).

‘‘(C) The activities of the cyber protection teams of

the Department of Defense.

‘‘(g) R

ESPONSIBILITIES OF

ECRETARY OF

EFENSE

.—The Sec-

retary of Defense shall define and issue guidance on the roles

and responsibilities for components of the Department of Defense

other than those specified in this section with respect to the Pro-

gram, including—

‘‘(1) the roles and responsibilities of the acquisition and

sustainment organizations of the military departments in sup-

porting and implementing remedial actions;

‘‘(2) the alignment of Cyber Protection Teams with the

prioritized missions of the Program;

‘‘(3) the role of the Director of Operational Test and Evalua-

tion in conducting periodic assessments, including through

cyber red teams, of the cybersecurity of missions in the Pro-

gram; and

‘‘(4) the role of the Principal Cyber Adviser in coordinating

and monitoring the execution of the Program.

‘‘(h) A

NNUAL

EPORTING

.—Not later than December 31 of each

year, the head of the office of primary responsibility for the Program,

in coordination with the appropriate members of the Program under

subsection (b), shall submit to the congressional defense committees

an annual report on the efforts carried out pursuant to this section

or any covered provision of law, including with respect to such

efforts concerning—

‘‘(1) the evaluation of cyber vulnerabilities of each major

weapon system of the Department of Defense and related miti-

gation activities under section 1647 of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114–92;

129 Stat. 1118);

‘‘(2) the evaluation of cyber vulnerabilities of the critical

infrastructure of the Department of Defense under section 1650

of the National Defense Authorization Act for Fiscal Year 2017

(Public Law 114–328; 10 U.S.C. 2224 note);

‘‘(3) operational technology and the mapping of mission-

relevant terrain in cyberspace under section 1505 of the

National Defense Authorization Act for Fiscal Year 2022 (Public

Law 117–81; 10 U.S.C. 394 note);

‘‘(4) the assessments of the vulnerabilities to and mission

risks presented by radio-frequency enabled cyber attacks with

respect to the operational technology embedded in weapons

systems, aircraft, ships, ground vehicles, space systems, sen-

sors, and datalink networks of the Department of Defense

under section 1559 of the National Defense Authorization Act

for Fiscal Year 2023; and

‘‘(5) the work of the Program in general, including informa-

tion relating to staffing and accomplishments.

Assessments.

Evaluation.

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137 STAT. 537 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(i) A

NNUAL

UDGET

ISPLAY

.—(1) On an annual basis for

each fiscal year, concurrently with the submission of the budget

of the President for that fiscal year under section 1105(a) of title

31, United States Code, the head of the office of primary responsi-

bility for the Program, in coordination with the appropriate mem-

bers of the Program under subsection (b), shall submit to the

congressional defense committees a consolidated budget justification

display that covers all programs and activities associated with

this section and any covered provision of law, including with respect

to the matters listed in subsection (h).

‘‘(2) Each display under paragraph (1) shall be submitted in

unclassified form, but may include a classified annex.

‘‘(3) For the purpose of facilitating the annual budget display

requirement under paragraph (1), the Chief Information Officer

of the Department of Defense shall provide to the head of the

office of primary responsibility for the Program and the appropriate

members of the Program under subsection (b) fiscal guidance on

the programming of funds in support of the Program.

‘‘(j) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘covered armed force’ means the Army, Navy,

Air Force, Marine Corps, or Space Force.

‘‘(2) The term ‘covered statutory requirement’ means a

requirement under any covered provision of law.

‘‘(3) The term ‘covered provision of law’ means the following:

‘‘(A) Section 1647 of the National Defense Authoriza-

tion Act for Fiscal Year 2016 (Public Law 114–92; 129

Stat. 1118).

‘‘(B) Section 1650 of the National Defense Authoriza-

tion Act for Fiscal Year 2017 (Public Law 114–328; 10

U.S.C. 2224 note).

‘‘(C) Section 1505 of the National Defense Authoriza-

tion Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.

394 note).

‘‘(D) Section 1559 of the National Defense Authoriza-

tion Act for Fiscal Year 2023.’’.

(2) C

ONFORMING AMENDMENTS

.—

(A) R

EPEAL OF DUPLICATE BRIEFING REQUIREMENT

.—

Section 1647 of the National Defense Authorization Act

for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118)

is amended—

(i) by striking subsection (c); and

(ii) by redesignating subsections (d) through (j)

as subsections (c) through (i), respectively.

(B) R

EPEAL OF ADDITIONAL DUPLICATE BRIEFING

REQUIREMENT

.—Section 1650 of the National Defense

Authorization Act for Fiscal Year 2017 (Public Law 114–

328; 10 U.S.C. 2224 note) is amended—

(i) by striking subsection (d); and

(ii) by redesignating subsections (e) and (f) as sub-

sections (d) and (e), respectively.

EPEAL OF DUPLICATE PROVISION RELATING TO STRA

TEGIC CYBERSECURITY PROGRAM

.—Section 1640 of the

National Defense Authorization Act for Fiscal Year 2018

(Public Law 115–9; 10 U.S.C. 2224 note) is repealed.

(D) R

EPEAL OF DUPLICATE BUDGET REQUIREMENT

.—Sec-

tion 1637 of the John S. McCain National Defense

10 USC 2224

note.

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137 STAT. 538 PUBLIC LAW 118–31—DEC. 22, 2023

Authorization Act for Fiscal Year 2019 (Public Law 115–

232; 10 U.S.C. 221 note) is repealed.

(E) R

EPEAL OF DUPLICATE REPORTING REQUIREMENT

.—

Section 1505 of the National Defense Authorization Act

for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 394

note) is amended—

(i) by striking subsection (h); and

(ii) by redesignating subsections (i) and (j) as sub-

sections (h) and (i), respectively.

(F) R

EPEAL OF ADDITIONAL DUPLICATE BRIEFING

REQUIREMENT

;

REMOVAL OF REFERENCE TO REPEALED PROVI

SION

.—Section 1559 of the James M. Inhofe National

Defense Authorization Act for Fiscal Year 2023 is

amended—

(i) by striking ‘‘, section 1637 of the John S. McCain

National Defense Authorization Act for Fiscal Year

2019 (Public Law 115–232; 10 U.S.C. 221 note),’’; and

(ii) by striking subsection (f).

(b) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the head of the office of primary

responsibility for the Strategic Cybersecurity Program under section

391b of title 10, United States Code, as added by subsection (a),

shall submit to the congressional defense committees a report set-

ting forth the plan of the head to harmonize and interlink the

annual reporting and annual budget display requirements under

subsections (h) and (i) of such section, respectively, to ensure unity

and a lack of duplication in such efforts.

SEC. 1503. MODIFICATION OF AUTHORITY TO USE OPERATION AND

MAINTENANCE FUNDS FOR CYBER OPERATIONS-

PECULIAR CAPABILITY DEVELOPMENT PROJECTS.

Section 1640 of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92) is amended—

(1) in subsection (a)—

(A) by striking ‘‘ and each Secretary of the military

departments concerned’’;

(B) by striking ‘‘per use’’ and inserting ‘‘per project’’;

and

2028’’;

(2) by amending subsection (b) to read as follows:

‘‘(b) L

IMITATION

.—Each fiscal year, the Commander of the

United States Cyber Command may obligate and expend under

subsection (a) not more than $16,000,000.’’;

(3) in subsection (c)—

(A) by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’;

and

(B) by striking ‘‘the Secretary of Defense, or his des-

ignee, and each Secretary of the military departments con-

cerned, or their designees,’’ and inserting ‘‘the Secretary

of Defense (or a designee)’’; and

(4) in subsection (d), by striking ‘‘2025’’ and inserting

‘‘2028’’.

SEC. 1504. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND

AND CONTROL EFFORT.

Section 1076 of the National Defense Authorization Act for

Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3866) is amended—

133 Stat. 1750.

Plan.

10 USC 2224

note.

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137 STAT. 539 PUBLIC LAW 118–31—DEC. 22, 2023

(1) by amending subsection (a) to read as follows:

‘‘(a) Q

UARTERLY

RIEFINGS

.—

‘‘(1) I

N GENERAL

.—During the period beginning on October

1, 2021, and ending on October 1, 2028, the Deputy Secretary

of Defense, the Vice Chairman of the Joint Chiefs of Staff,

the Chief Digital and Artificial Intelligence Officer of the

Department of Defense, the Chief Information Officer of the

Department of Defense, and a senior military service represent-

ative for each of the Armed Forces shall provide to the congres-

sional defense committees quarterly briefings on the progress

of the Joint All Domain Command and Control (in this section

referred to as ‘JADC2’) effort of the Department of Defense.

‘‘(2) A

NNUAL PARTICIPATION BY CERTAIN COMBATANT COM

MANDS

.—For each fiscal year during the period specified in

paragraph (1), a senior representative from each of the United

States Indo-Pacific Command, United States Central Command,

and United States European Command shall participate in

the provision of the first quarterly briefing under such para-

graph following the submission of the budget of the President

to Congress under section 1105 of title 31, United States Code,

for that fiscal year.’’; and

(2) in subsection (b), by adding at the end the following

new paragraphs:

‘‘(7) A detailed programmatic table of the funding for the

JADC2 efforts of the Office of the Secretary of Defense and

the military departments, as set forth in the budget of the

President most recently submitted to Congress under section

1105 of title 31, United States Code. The information in such

table shall be organized primarily by key programs, projects,

and activities (such as data integration layer, joint operating

system, global experimentation, and mission command applica-

tions).

‘‘(8) A detailed summary of the lessons learned from large-

scale exercises and experiments relevant to the JADC2 effort

conducted during the period covered by the briefing.’’.

SEC. 1505. AUTHORITY FOR COUNTERING ILLEGAL TRAFFICKING BY

MEXICAN TRANSNATIONAL CRIMINAL ORGANIZATIONS IN

CYBERSPACE.

(a) A

UTHORITY

.—In accordance with sections 124 and 394 of

title 10, United States Code, the Secretary of Defense, in support

of and in coordination with the heads of other relevant Federal

departments and agencies and in consultation with the Government

of Mexico as appropriate, may conduct detection, monitoring, and

other operations in cyberspace to counter Mexican transnational

criminal organizations that are engaged in any of the following

activities that cross the southern border of the United States:

(1) Smuggling of illegal drugs, controlled substances, or

precursors thereof.

(2) Human trafficking.

(3) Weapons trafficking.

(4) Other illegal activities.

(b) C

ERTAIN

NTITIES

.—The authority under paragraph (1) may

be used to counter Mexican transnational criminal organizations,

including entities cited in the most recent National Drug Threat

Assessment published by the United States Drug Enforcement

Drugs and drug

abuse.

Firearms.

10 USC 394 note.

Summary.

Time period.

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137 STAT. 540 PUBLIC LAW 118–31—DEC. 22, 2023

Administration, that are engaged in any of the activities described

in such paragraph.

SEC. 1506. DEVELOPMENT OF CYBER SUPPORT MECHANISMS FOR

GEOGRAPHIC COMBATANT COMMANDS.

(a) D

EVELOPMENT OF

ECHANISMS

EQUIRED

.—Not later than

270 days after the date of the enactment of this Act, each com-

mander of a geographic combatant command, in coordination with

the Commander of the United States Cyber Command, shall develop

a cyber support mechanism to support the operations of that

geographic combatant command.

(b) E

LEMENTS

.—Each cyber support mechanism developed with

respect to a geographic combatant command under subsection (a)

shall include the following:

(1) Processes to enhance the cyber capabilities of such

combatant command.

(2) Plans to develop and maintain a sufficient cyber plan-

ning capacity in such combatant command.

(3) Processes to integrate cyber capabilities into operational

support for such combatant command.

(4) A prioritization of cyber risks and vulnerabilities within

the geographic area of responsibility of such combatant com-

mand.

(5) Specific plans to assist in the defense of friendly foreign

countries.

SEC. 1507. REVIEW AND PLAN RELATING TO CYBER RED TEAMS OF

DEPARTMENT OF DEFENSE.

(a) R

EVIEW

ELATING TO

RIOR

OINT

SSESSMENT

.—

(1) R

EVIEW REQUIRED

.—Not later than 90 days after the

date of the enactment of this Act, the officials described in

subsection (c) shall review, and assess the status of the

implementation of, the recommendations set forth by the Sec-

retary of Defense in response to the joint assessment require-

ment under section 1660 of the National Defense Authorization

Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1771).

(2) E

LEMENTS

.—The review under paragraph (1) shall

include, with respect to the recommendations specified in such

paragraph—

(A) the timelines associated with each such rec-

ommendation, regardless of whether the recommendation

is fully implemented or yet to be fully implemented; and

(B) a description of any impediments to the

implementation of such recommendations encountered.

(b) P

LAN

EQUIRED

.—

(1) P

LAN

.—Not later than 180 days after the date of the

enactment of this Act, the officials described in subsection

plan, developed taking into account the findings of the review

under subsection (a), to ensure cyber red teams of the Depart-

ment of Defense achieve sufficient capacity and capability to

provide services and meet current and projected future demands

on a Defense-wide basis. Such plan shall include—

(A) a description of the funding necessary for such

cyber red teams to achieve such capacity and capability;

(B) a description of any other resources, personnel,

infrastructure, or authorities for access to information nec-

essary for such cyber red teams to achieve such capacity

Timelines.

Deadlines.

10 USC 2224

note.

Plans.

Processes.

Plans.

Processes.

Deadline.

10 USC 167b

note.

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137 STAT. 541 PUBLIC LAW 118–31—DEC. 22, 2023

and capability (including with respect to the emulation

of threats from foreign countries with advanced cyber

capabilities, automation, artificial intelligence or machine

learning, and data collection and correlation); and

ensure the training, staffing, and equipping of such cyber

red teams at levels necessary to achieve such capacity

and capability.

(2) I

MPLEMENTATION

.—Not later than one year after the

date of enactment of this Act, the Secretary of Defense shall

prescribe such regulations and issue such guidance as the Sec-

retary determines necessary to implement the plan developed

under subsection (a).

FFICIALS

ESCRIBED

.—The officials described in this sub-

section are the Principal Cyber Advisor to the Secretary of Defense,

the Chief Information Officer of the Department of Defense, the

Director of Operational Test and Evaluation, and the Commander

of the United States Cyber Command.

(d) A

NNUAL

EPORTS

.—Not later than January 31, 2025, and

not less frequently than annually thereafter until January 31, 2031,

the Director of Operational Test and Evaluation shall include in

each annual report required under section 139(h) of title 10, United

States Code, an update on progress made with respect to the

implementation of this section, including the following:

(1) The results of test and evaluation events, including

any resource or capability shortfalls limiting the capacity or

capability of cyber red teams of the Department of Defense

to meet operational requirements.

(2) The extent to which operations of such cyber red teams

have expanded across the competition continuum, including

during cooperation and competition phases, to match adversary

positioning and cyber activities.

(3) A summary of identified categories of common gaps

and shortfalls across cyber red teams of the military depart-

ments and Defense Agencies (as such terms are defined in

section 101 of title 10, United States Code).

(4) Any identified lessons learned that would affect training

or operational employment decisions relating to the cyber red

teams of the Department of Defense.

Subtitle B—Cybersecurity

SEC. 1511. RESPONSIBILITY FOR CYBERSECURITY AND CRITICAL

INFRASTRUCTURE PROTECTION OF DEFENSE INDUS-

TRIAL BASE.

Section 1724 of the National Defense Authorization Act for

Fiscal Year 2021 (116–283; 10 U.S.C. 2224 note) is amended—

(1) in subsection (b), by striking ‘‘The Secretary of Defense

shall designate the Principal Cyber Advisor of the Department

of Defense’’ and inserting ‘‘Not later than 30 days after the

date of the enactment of the National Defense Authorization

Act for Fiscal Year 2024, the Secretary of Defense shall des-

ignate a principal staff assistant from within the Office of

the Secretary of Defense who shall serve’’;

(2) in subsection (c)—

Deadline.

Designation.

Summary.

Termination

date.

Updates.

Regulations.

Guidance.

Updates.

Standards.

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137 STAT. 542 PUBLIC LAW 118–31—DEC. 22, 2023

(A) in the matter preceding paragraph (1), by striking

‘‘the Principal Cyber Advisor of the Department of Defense’’

and inserting ‘‘the principal staff assistant designated

under subsection (b)’’; and

(B) in paragraph (1), by striking ‘‘Sector Specific

Agency’’ and inserting ‘‘Sector Risk Management Agency’’;

(3) in subsection (d), by striking ‘‘Principal Cyber Advisor

of the Department of Defense’’ and inserting ‘‘principal staff

assistant designated under subsection (b)’’; and

(4) in subsection (e)—

(A) in the matter preceding paragraph (1), by striking

‘‘this Act’’ and inserting ‘‘the National Defense Authoriza-

tion Act for Fiscal Year 2024’’;

(B) in paragraph (2), by striking ‘‘Sector Specific

Agency functions under Presidential Policy Directive-21

from non-cybersecurity Sector Specific Agency functions’’

and inserting ‘‘functions of a Sector Risk Management

Agency pursuant to section 9002 of the National Defense

Authorization Act for Fiscal Year 2021 (6 U.S.C. 652a)

from non-cybersecurity functions of a Sector Risk Manage-

ment Agency’’; and

SEC. 1512. CYBERSECURITY ENHANCEMENTS FOR NUCLEAR COM-

MAND, CONTROL, AND COMMUNICATIONS NETWORK.

(a) E

STABLISHMENT OF

ROSS

FUNCTIONAL

EAM

.—

(1) E

STABLISHMENT

.—Not later than 180 days after the

date of the enactment of this Act, and consistent with section

911(c) of the National Defense Authorization Act for Fiscal

Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the Sec-

retary of Defense shall establish a cross-functional team to

develop and direct the implementation of a threat-driven cyber

defense construct for the systems and networks that support

the nuclear command, control, and communications (commonly

referred to as ‘‘NC3’’) mission (in this section referred to as

the ‘‘cross-functional team’’).

(2) C

OMPOSITION OF CROSS

FUNCTIONAL TEAM

.—

(A) I

N GENERAL

.—The cross functional team shall be

composed of senior officers selected from among each of

the military departments, the Defense Information Systems

Agency, the National Security Agency, the United States

Cyber Command, the United States Strategic Command,

and any other organization or element of the Department

of Defense determined appropriate by the Secretary.

(B) L

EADERSHIP

.—The Secretary shall designate a

senior officer from those selected under subparagraph (A)

to serve as the leader of the cross-functional team.

TAFF

.—The Secretary shall ensure the heads of

the organizations and elements specified in subparagraph

(A) detail staff to support the cross-functional team in

carrying out the duties under paragraph (3).

(3) D

UTIES

.—The duties of the cross-functional team shall

be to enhance the cyber defense of the systems and networks

that support the nuclear command, control, and communica-

tions mission.

(b) R

EQUIRED

ONSTRUCT

, P

LAN OF

CTION

AND

ILESTONES

.—

Not later than one year after the date of the enactment of this

Deadline.

Designation.

Deadline.

10 USC 499 note.

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137 STAT. 543 PUBLIC LAW 118–31—DEC. 22, 2023

Act, the leader of the cross-functional team designated pursuant

to subsection (a)(2)(B) shall develop a threat-driven cyber defense

construct, and associated plans and milestones, to enhance the

security of the systems and networks that support the nuclear

command, control, and communications mission. Such construct

shall be based on—

(1) the application of the principles of the approach to

cybersecurity commonly referred to as ‘‘zero trust architecture’’;

(2) an analysis of appropriately comprehensive endpoint

and network telemetry data; and

(3) control capabilities enabling rapid investigation and

remediation of indicators of compromise and threats to mission

execution.

NNUAL

RIEFINGS

.—During the 60-day period beginning

on the date that is 30 days before the date on which the President

submits to Congress the budget of the President pursuant to section

1105(a) of title 31, United States Code, for each of fiscal years

2025 through 2028, the Secretary shall provide to the appropriate

congressional committees a briefing on the implementation of this

section.

(d) T

ERMINATION

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), the

cross-functional team under this section shall terminate on

October 31, 2028.

(2) E

XTENSION AUTHORITY

.—The Secretary of Defense may

extend the date of termination under paragraph (1) as the

Secretary determines appropriate.

(e) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees; and

(2) the Permanent Select Committee on Intelligence of the

House of Representatives.

SEC. 1513. PILOT PROGRAM RELATING TO SEMICONDUCTOR SUPPLY

CHAIN AND CYBERSECURITY COLLABORATION CENTER.

(a) E

STABLISHMENT

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense, in coordina-

tion with the Director of the National Security Agency, shall com-

mence the conduct of a pilot program under which the Cybersecurity

Collaboration Center of the National Security Agency may collabo-

rate with, including by entering into contracts or other agreements

with, eligible persons under subsection (c), for the purpose of

assessing the feasibility and advisability of improving the cybersecu-

rity of the semiconductor supply chain (in this section referred

to as the ‘‘pilot program’’).

(b) P

ROGRAM

BJECTIVES

.—Under the pilot program, the Sec-

retary of Defense shall seek to improve the cybersecurity of the

supply chain for the design, manufacturing, assembly, packaging,

and testing of semiconductors, including through the following:

(1) Improving the cybersecurity of processes for such design,

manufacturing, assembly, packaging, and testing.

(2) Protecting against cyber-driven intellectual property

theft with respect to such design, manufacturing, assembly,

packaging, and testing.

Deadline.

Contracts.

10 USC note

prec. 3241.

Time periods.

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137 STAT. 544 PUBLIC LAW 118–31—DEC. 22, 2023

(3) Reducing the risk of disruptions caused by cyberattacks

to the supply chain for such design, manufacturing, assembly,

packaging, and testing.

LIGIBILITY

.—A person is eligible to participate in the pilot

program if such person—

(1) directly supports the design, manufacturing, assembly,

packaging, or testing of semiconductors within the United

States; and

(2) provides semiconductor components for the Department

of Defense, any national security system (as such term is

defined in section 3552(b) of title 44, United States Code),

or the defense industrial base.

(d) B

RIEFINGS

.—

(1) I

NITIAL BRIEFING

.—

(A) I

N GENERAL

.—Not later than one year after the

date of the enactment of this Act, the Secretary of Defense

shall provide to the appropriate congressional committees

an initial briefing on the pilot program.

(B) E

LEMENTS

.—The briefing under subparagraph (A)

shall include the following:

(i) A description of the status of the implementa-

tion of the pilot program.

(ii) An identification of key priorities for the pilot

program.

(iii) An identification of any challenges to imple-

menting the pilot program or impediments to participa-

tion in the pilot program by eligible persons under

subsection (c).

(2) A

NNUAL BRIEFINGS

.—

(A) I

N GENERAL

.—Not later than one year after the

date of the initial briefing under paragraph (1), and

annually thereafter until the date of termination under

subsection (f), the Secretary of Defense shall provide to

the appropriate congressional committees a briefing on the

progress of the pilot program.

(B) E

LEMENTS

.—Each briefing under subparagraph (A)

shall include the following:

(i) Recommendations for addressing relevant

policy, budgetary, security, and legislative gaps to

increase the effectiveness of the pilot program,

including, with respect to the first briefing under such

subparagraph, an assessment of the resources nec-

essary for successful implementation of the pilot pro-

gram.

(ii) Recommendations for increasing participation

in the pilot program by eligible persons under sub-

section (c).

(iii) A description of any challenges encountered

in carrying out the pilot program, including any con-

cerns expressed by manufacturers of semiconductors

or suppliers of semiconductor components.

(iv) The findings of the Secretary, in consultation

with the Director of the National Security Agency,

with respect to the feasibility and advisability of

extending or expanding the pilot program.

(v) Such other matters as the Secretary considers

appropriate.

Recommenda-

tions.

Recommenda-

tions.

Deadlines.

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137 STAT. 545 PUBLIC LAW 118–31—DEC. 22, 2023

(e) T

ERMINATION

.—The pilot program shall terminate on the

date that is four years after the date of the enactment of this

Act.

(f) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Permanent

Select Committee on Intelligence of the House of Representa-

tives; and

(2) the Committee on Armed Services and the Select Com-

mittee on Intelligence of the Senate.

SEC. 1514. TRANSFER OF DATA AND TECHNOLOGY DEVELOPED UNDER

MOSAICS PROGRAM.

(a) T

RANSFERS

UTHORIZED

.—The Secretary of Defense may

transfer to eligible private sector entities data and technology devel-

oped under the MOSAICS program to enhance cyber threat detec-

tion and protection of critical industrial control system assets used

for electricity distribution.

(b) A

GREEMENTS

.—In carrying out subsection (a), the Secretary

of Defense may—

(1) enter into cooperative research and development agree-

ments under section 4026 of title 10, United States Code;

and

(2) use such other mechanisms for the transfer of tech-

nology and data as are authorized by law.

OTIFICATION

.—Not later than 15 days after any date on

which the Secretary determines to transfer data or technology to

an eligible private sector entity under subsection (a), the Secretary

shall submit to the congressional defense committees a written

notification of such determination. Such notification shall include

the following:

(1) An identification of the data or technology to be trans-

ferred.

(2) An identification of the eligible private sector entity,

including an identification of the specific individual employed

by or otherwise associated with such entity responsible for

the security and integrity of the data or technology to be

received.

(3) A detailed description of any special security handling

instructions required pursuant to an agreement entered into

between the Secretary and the eligible private sector entity

for such transfer.

(4) Timelines associated with such transfer.

EFINITIONS

.—In this section:

(1) The term ‘‘eligible private sector entity’’ means a private

sector entity that—

(A) has functions relevant to the civil electricity sector;

and

(B) is determined by the Secretary of Defense to be

eligible to receive data and technology transferred under

subsection (a).

(2) The term ‘‘MOSAICS program’’ means the program

of the Department of Defense known as the ‘‘More Situational

Awareness for Industrial Control Systems Joint Capabilities

Technology Demonstration program’’, or successor program.

Timelines.

Deadline.

Determination.

10 USC 2224

note.

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137 STAT. 546 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1515. MODERNIZATION PROGRAM FOR NETWORK BOUNDARY AND

CROSS-DOMAIN DEFENSE.

(a) M

ODERNIZATION

ROGRAM

EQUIRED

.—The Secretary of

Defense shall carry out a modernization program for network

boundary and cross-domain defense against cyber attacks. In car-

rying out such modernization program, the Secretary shall expand

upon the fiscal year 2023 pilot program on modernized network

boundary defense capabilities and the initial deployment of such

capabilities to the primary Internet access points of the Department

of Defense managed by the Director of the Defense Information

Systems Agency.

(b) P

ROGRAM

HASES

.—

(1) I

N GENERAL

.—The Secretary of Defense shall implement

the modernization program under subsection (a) in phases,

with the objective of completing such program by October 1,

2028.

(2) O

BJECTIVES

.—The phases required by paragraph (1)

shall include the following objectives:

(A) By September 30, 2026, completion of—

(i) the pilot program specified in subsection (a)

and the deployment of modernized network boundary

defense capabilities to the Internet access points man-

aged by the Director of the Defense Information Sys-

tems Agency; and

(ii) the extension of modernized network boundary

defense capabilities to all additional Internet access

points of the information network of the Department

of Defense.

(B) By September 30, 2027, the conduct of a survey,

completion of a pilot program, and deployment of modern-

ized network boundary defense capabilities to the access

points and cross-domain capabilities of the Secret Internet

Protocol Router Network.

completion of a pilot program, and deployment of modern-

ized network boundary defense capabilities to any

remaining classified network or enclave of the information

network of the Department.

MPLEMENTATION

LAN

.—Not later than 90 days after the

date of the enactment of this Act, the Secretary shall submit to

the congressional defense committees a plan for the implementation

of the modernization program under subsection (a). Such plan shall

include—

(1) a summary of findings from the pilot program specified

in subsection (a); and

(2) an identification of the resources necessary for such

implementation, including for implementing the phase of the

modernization program specified in subsection (b)(2)(C).

SEC. 1516. ESTABLISHMENT OF CERTAIN IDENTITY, CREDENTIAL, AND

ACCESS MANAGEMENT ACTIVITIES AS PROGRAM OF

RECORD.

(a) E

STABLISHMENT OF

ROGRAM OF

ECORD

.—

(1) P

ROGRAM OF RECORD

.—Except as provided in subsection

(b), not later than 120 days after the date of the enactment

of this Act, the Secretary of Defense shall establish a program

Deadlines.

10 USC 2224

note.

Summary.

Surveys.

Deadlines.

10 USC 2224

note.

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137 STAT. 547 PUBLIC LAW 118–31—DEC. 22, 2023

of record, governed by standard Department of Defense require-

ments and practices, and transition all covered activities to

such program of record.

(2) O

BJECTIVES

.—The program of record under subsection

(a) shall include, at a minimum, covered activities undertaken

to achieve the following objectives:

(A) Correcting weaknesses in authentication and

credentialing security, including with respect to the pro-

gram of the Department of Defense known as the ‘‘Public

Key Infrastructure’’ program (or any successor program),

identified by the Director of Operational Test and Evalua-

tion in a report submitted to Congress in April, 2023,

titled ‘‘FY14–21 Observations of the Compromise of Cyber

Credentials’’.

(B) Implementing improved authentication tech-

nologies, such as biometric and behavioral authentication

techniques and other non-password-based solutions.

(3) B

RIEFING

.—Not later than 150 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 cov-

ered activities to be included under the program of record

under subsection (a).

(b) W

AIVER

UTHORITY

.—

(1) A

UTHORITY

.—The Secretary of Defense may waive the

requirement under subsection (a) if the Secretary of Defense

determines that the objectives listed in paragraph (2) of such

subsection would be better achieved, and the level of rigor

of the operational testing and oversight requirements applicable

to such objectives would be improved, through a management

approach other than the establishment of a program of record

and transition of covered activities to such program of record.

(2) J

USTIFICATION

.—Not later than 14 days after issuing

a waiver under paragraph (1), the Secretary of Defense shall

submit to the congressional defense committees a detailed jus-

tification for the waiver, including—

(A) an explanation of why the establishment of a pro-

gram of record is not the preferred approach to achieve

the objectives listed in subsection (a)(2);

(B) details relating to the management approach pro-

posed to be implemented in lieu of the establishment of

a program of record;

native approach; and

(D) such other information as the Secretary of Defense

determines appropriate.

ESIGNATION OF

ATA

TTRIBUTES

.—Not later than 120

days after the date of the enactment of this Act, the Chief Informa-

tion Officer of the Department of Defense, in coordination with

the Secretaries of the military departments, shall complete the

designation of Tier 1 level data attributes to be used as a baseline

set of standardized attributes for identity, credential, and access

management, Defense-wide.

(d) B

RIEFING

.—Upon completing the requirement under sub-

section (c), the Chief Information Officer of the Department of

Implementation

plan.

Determination.

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137 STAT. 548 PUBLIC LAW 118–31—DEC. 22, 2023

Defense and the Secretaries of the military departments shall pro-

vide to the Committees on Armed Services of the House of Rep-

resentatives and the Senate a briefing on the activities carried

out under this section.

(e) D

EFINITIONS

.—In this section:

(1) The term ‘‘covered activity’’ means any activity of the

Office of the Secretary of Defense or a Defense Agency relating

to the identity, credential, and access management initiative

of the Department of Defense.

(2) The term ‘‘Defense Agency’’ has the meaning given

that term in section 101 of title 10, United States Code.

SEC. 1517. PILOT PROGRAM ON ASSURING CRITICAL INFRASTRUCTURE

SUPPORT FOR MILITARY CONTINGENCIES.

(a) E

STABLISHMENT OF

ILOT

ROGRAM

.—Not later than 60

days after the date of the enactment of this Act, the Secretary

of Defense shall establish a pilot program to be known as the

‘‘Assuring Critical Infrastructure Support for Military Contingencies

Pilot Program’’.

(b) S

ELECTION OF

NSTALLATIONS

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense, acting

through the Assistant Secretary of Defense for Homeland

Defense and Hemispheric Affairs, shall select not fewer than

four geographically diverse military installations at which to

carry out the pilot program under subsection (a).

(2) P

RIORITIZATION

.—

(A) I

N GENERAL

.—In selecting military installations

under paragraph (1), the Secretary of Defense shall give

priority to any military installation that the Secretary

determines is a key component of not fewer than two

contingency plans or operational plans, with further pri-

ority given to such plans in the area of responsibility of

the United States Indo-Pacific Command or the United

States European Command.

(B) S

ELECTION BETWEEN EQUAL PRIORITIES

.—If two or

more military installations qualify for equal priority under

subparagraph (A), the Secretary of Defense shall give fur-

ther priority for selection under such paragraph to any

such military installation that the Secretary of Defense

determines is—

(i) connected to national-level infrastructure;

(ii) located near a commercial port; or

(iii) located near a national financial hub.

CTIVITIES

.—In carrying out the pilot program under sub-

section (a), the Secretary of Defense, acting through the Assistant

Secretary of Defense for Homeland Defense and Hemispheric

Affairs, shall—

(1) without duplicating or disrupting existing cyber exercise

activities under the National Cyber Exercise Program under

section 2220B of the Homeland Security Act of 2002 (6 U.S.C.

665h), conduct cyber resiliency and reconstitution stress test

scenarios through tabletop exercises and, if possible, live exer-

cises—

(A) to assess how to prioritize restoration of power,

water, and telecommunications for a military installation

in the event of a significant cyberattack on regional critical

Assessment.

Determinations.

Deadline.

10 USC 2224

note.

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137 STAT. 549 PUBLIC LAW 118–31—DEC. 22, 2023

infrastructure that has similar impacts on State and local

infrastructure; and

(B) to determine the recovery process needed to ensure

the military installation has the capability to function and

support an overseas contingency operation or a homeland

defense mission, as appropriate;

(2) map dependencies on power, water, and telecommuni-

cations at the military installation and the connections to dis-

tribution and generation outside the military installation;

(3) recommend priorities for the order of recovery for the

military installation in the event of a significant cyberattack,

considering both the requirements needed for operations of

the military installation and the potential participation of per-

sonnel at the military installation in an overseas contingency

operation or a homeland defense mission; and

(4) develop a lessons-learned database from the exercises

conducted under paragraph (1) across all military installations

participating in the pilot program, to be shared with the

Committees on Armed Services of the House of Representatives

and the Senate.

(d) C

OORDINATION

ITH

ELATED

ROGRAMS

.—The Secretary

of Defense, acting through the Assistant Secretary of Defense for

Homeland Defense and Hemispheric Affairs, shall ensure that

activities under subsection (c) are coordinated with—

(1) private entities that operate power, water, and tele-

communications for a military installation participating in the

pilot program under subsection (a);

(2) relevant military and civilian personnel; and

(3) any other entity that the Assistant Secretary of Defense

for Homeland Defense and Hemispheric Affairs determines is

relevant to the execution of activities under subsection (c).

(e) R

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the Assistant to the President for Homeland Security, the National

Cyber Director, the head of any other relevant Sector Risk Manage-

ment Agency, the Committees on Armed Services of the House

of Representatives and the Senate, and, if the Secretary of Defense

determines it appropriate, relevant private sector owners and opera-

tors of critical infrastructure a report on the activities carried

out under pilot program under subsection (a), including a descrip-

tion of any operational challenges identified.

(f) D

EFINITIONS

.—In this section:

(1) The term ‘‘critical infrastructure’’ has the meaning given

that term in the Critical Infrastructures Protection Act of 2001

(42 U.S.C. 5195c).

(2) The term ‘‘Sector Risk Management Agency’’ has the

meaning given that term in section 2200 of the Homeland

Security Act of 2002 (6 U.S.C. 650).

SEC. 1518. MILITARY CYBERSECURITY COOPERATION WITH TAIWAN.

(a) R

EQUIREMENT

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense, acting

through the Under Secretary of Defense for Policy, with the concur-

rence of the Secretary of State and in coordination with the Com-

mander of the United States Cyber Command and the Commander

of the United States Indo-Pacific Command, shall seek to engage

with appropriate officials of Taiwan for the purpose of cooperating

Deadlines.

22 USC 3351

note.

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137 STAT. 550 PUBLIC LAW 118–31—DEC. 22, 2023

with the military forces of Taiwan on defensive military cybersecu-

rity activities.

(b) I

DENTIFICATION OF

CTIVITIES

.—In cooperating on defensive

military cybersecurity activities with the military forces of Taiwan

under subsection (a), the Secretary of Defense may carry out efforts

to identify cooperative activities to—

(1) defend military networks, infrastructure, and systems;

(2) counter malicious cyber activity that has compromised

such military networks, infrastructure, and systems;

(3) leverage United States commercial and military cyberse-

curity technology and services to harden and defend such mili-

tary networks, infrastructure, and systems; and

(4) conduct combined cybersecurity training activities and

exercises.

RIEFINGS

.—

(1) R

EQUIREMENT

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense, in

coordination with the Secretary of State, shall provide to the

appropriate congressional committees a briefing on the

implementation of this section.

(2) C

ONTENTS

.—The briefing under paragraph (1) shall

include the following:

(A) A description of the feasibility and advisability

of cooperating with the Ministry of Defense of Taiwan

on the defensive military cybersecurity activities identified

pursuant to subsection (b).

(B) An identification of any challenges and resources

that would be needed to addressed to conduct such coopera-

tive activities.

section.

(D) Any other matters the Secretary determines rel-

evant.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Committee

on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee

on Foreign Relations of the Senate.

SEC. 1519. GUIDANCE REGARDING SECURING LABORATORIES OF THE

ARMED FORCES.

(a) G

UIDANCE

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense, in coordination

with the Chief Information Officer of the Department of Defense,

the Chief Digital and Artificial Intelligence Officer of the Depart-

ment, the Under Secretary of Defense for Research and Engineering,

and the Under Secretary of Defense for Intelligence and Security,

shall issue Department-wide guidance regarding methods and proc-

esses to secure laboratories of the Armed Forces from—

(1) unauthorized access and intrusion;

(2) damage to, and destruction, manipulation, or theft of,

physical and digital laboratory assets;

(3) accidental or intentional release or disclosure of sen-

sitive information; and

(4) cyber sabotage.

Deadline.

10 USC note

prec. 2661.

Overview.

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137 STAT. 551 PUBLIC LAW 118–31—DEC. 22, 2023

(b) M

ETHODS AND

ROCESSES

.—At a minimum, the guidance

under subsection (a) shall include, with respect to laboratories

of the Armed Forces, methods and processes to—

(1) secure laboratory operations through zero trust prin-

ciples;

(2) control the access of devices to laboratory information

networks;

(3) secure inventory management processes of such labora-

tories;

(4) control or limit access to such laboratories to authorized

individuals;

(5) maintain the security and integrity of data libraries,

repositories, and other digital assets of such laboratories;

(6) report and remediate cyber incidents or other unauthor-

ized intrusions affecting such laboratories;

(7) train and educate personnel of the Department on lab-

oratory security;

(8) develop an operations security plan to secure laboratory

operations that may be used by applicable units of the Armed

Forces to implement countermeasures appropriate with respect

to the mission, assessed risk, and resources available to the

unit (including guidelines for implementation of routine proce-

dures and measures to be employed during daily operations

or activities of the unit); and

(9) develop and train applicable units of the Armed Forces

on individualized secure laboratory critical information and

indicator lists to aid in protecting critical information regarding

any activity, intention, capability, or limitation of the Depart-

ment over which an adversary seeks to gain a military, political,

diplomatic, economic, or technological advantage.

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.

(a) C

ONTROL AND

ANAGEMENT OF

EPARTMENT OF

EFENSE

ATA

.—The Chief Digital and Artificial Intelligence Officer of the

Department of Defense may access and control, on behalf of the

Secretary of Defense, any data collected, acquired, accessed, or

used by a component (as such term is defined in section 1513

of the James M. Inhofe National Defense Authorization Act for

Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4001 note)),

consistent with such section.

(b) C

HIEF

IGITAL AND

RTIFICIAL

NTELLIGENCE

FFICER

ERNING

OUNCIL

.—Section 238(d)(3) of the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 (Public Law 115–

232; 10 U.S.C. note prec. 4061) is amended to read as follows:

‘‘(3) C

HIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER

GOVERNING COUNCIL

.—

‘‘(A) E

STABLISHMENT

.—The Secretary shall establish

a council to provide policy oversight to ensure the respon-

sible, coordinated, and ethical employment of data and

artificial intelligence capabilities across Department of

10 USC 4001

note.

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137 STAT. 552 PUBLIC LAW 118–31—DEC. 22, 2023

Defense missions and operations. Such council shall be

known as the ‘Chief Digital and Artificial Intelligence

Officer Governing Council’ (in this paragraph referred to

as the ‘Council’).

‘‘(B) M

EMBERSHIP

.—The Council shall be composed of

the following:

‘‘(i) Joint Staff J–6.

‘‘(ii) The Under Secretary of Defense for Acquisi-

tion and Sustainment.

‘‘(iii) The Under Secretary of Defense for Research

and Evaluation.

‘‘(iv) The Under Secretary of Defense for Intel-

ligence and Security.

‘‘(v) The Under Secretary of Defense for Policy.

‘‘(vi) The Director of Cost Analysis and Program

Evaluation.

‘‘(vii) The Chief Information Officer of the Depart-

ment.

‘‘(viii) The Director of Administration and Manage-

ment.

‘‘(ix) The service acquisition executives of each of

the military departments.

‘‘(C) H

EAD OF COUNCIL

.—The Council shall be headed

by the Chief Digital and Artificial Intelligence Officer of

the Department.

‘‘(D) M

EETINGS

.—The Council shall meet not less fre-

quently than twice each fiscal year.

‘‘(E) D

UTIES OF COUNCIL

.—The duties of the Council

are as follows:

‘‘(i) To streamline the organizational structure of

the Department as such structure relates to the

development, implementation, and oversight of artifi-

cial intelligence.

‘‘(ii) To improve coordination on artificial intel-

ligence governance with the defense industry sector.

‘‘(iii) To issue and oversee guidance on ethical

requirements and protections for the use of artificial

intelligence supported by Department funding and the

reduction or mitigation of instances of unintended bias

in artificial intelligence algorithms.

‘‘(iv) To identify, monitor, and periodically update

appropriate recommendations for the operational use

of artificial intelligence.

‘‘(v) To review, to the extent the head of the Council

considers necessary, artificial intelligence program

funding, to ensure that any investment by the Depart-

ment in an artificial intelligence tool, system, or algo-

rithm adheres to each applicable policy of the Depart-

ment relating to artificial intelligence.

‘‘(vi) To provide periodic status updates on the

efforts of the Department to develop and implement

artificial intelligence into existing Department pro-

grams and processes.

‘‘(vii) To issue guidance on access and distribution

restrictions relating to data, models, tool sets, or

testing or validation infrastructure.

Time period.

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137 STAT. 553 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(viii) To implement and oversee an educational

program on data and artificial intelligence, for the

purpose of familiarizing personnel Department-wide on

the applications of artificial intelligence within the

respective operations of such personnel.

‘‘(ix) To implement and oversee a scorecard to

assess data decrees of the Department.

‘‘(x) Such other duties as the Council determines

appropriate.

‘‘(F) P

ERIODIC REPORTS

.—Not later than 180 days after

the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2024, and not less fre-

quently than once every 18 months thereafter, the Council

shall submit to the Secretary and the congressional defense

committees a report on the activities of the Council during

the period covered by the report.’’.

SEC. 1522. MODIFICATION TO DEPARTMENT OF DEFENSE ENTERPRISE-

WIDE PROCUREMENT OF CYBER DATA PRODUCTS AND

SERVICES.

Section 1521(a) of the National Defense Authorization Act for

Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note) is

amended—

(1) by redesignating paragraph (6) as paragraph (7);

(2) in paragraph (7), as so redesignated, by striking ‘‘(1)

through (5)’’ and inserting ‘‘(1) through (6)’’; and

(3) by inserting after paragraph (5) the following new para-

graph:

‘‘(6) Evaluating emerging cyber technologies, such as artifi-

cial intelligence-enabled security tools, for efficacy and applica-

bility to the requirements of the Department of Defense.’’.

SEC. 1523. MANAGEMENT OF DATA ASSETS BY CHIEF DIGITAL AND

ARTIFICIAL INTELLIGENCE OFFICER.

(a) I

ENERAL

.—The Secretary of Defense, subject to existing

authorities and limitations and acting through the Chief Digital

and Artificial Intelligence Officer of the Department of Defense,

shall provide the digital infrastructure and procurement vehicles

necessary to manage data assets and data analytics capabilities

at scale to enable an understanding of foreign key terrain and

relational frameworks in cyberspace to support the planning of

cyber operations, the generation of indications and warnings

regarding military operations and capabilities, and the calibration

of actions and reactions in strategic competition.

(b) R

ESPONSIBILITIES OF

HIEF

IGITAL AND

RTIFICIAL

NTEL

LIGENCE

FFICER

.—The Chief Digital and Artificial Intelligence

Officer shall—

(1) develop a baseline of data assets exclusive to foreign

key terrain and relational frameworks in cyberspace main-

tained by the intelligence agencies of the Department of

Defense, the military departments, the combatant commands,

and any other components of the Department of Defense;

(2) develop and oversee the implementation of plans to

enhance such data assets that the Chief Digital and Artificial

Intelligence Officer determines are essential to support the

purposes set forth in subsection (a); and

(3) ensure that such activities and plans are undertaken

in cooperation and in coordination with the Assistant to the

10 USC 394 note.

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137 STAT. 554 PUBLIC LAW 118–31—DEC. 22, 2023

Secretary of Defense for Privacy, Civil Liberties, and Trans-

parency, to ensure that any data collection, procurement,

acquisition, use, or retention measure conducted pursuant to

this section is in compliance with applicable laws and regula-

tions, including standards pertaining to data related to United

States persons or any persons in the United States.

THER

ATTERS

.—The Chief Digital and Artificial Intel-

ligence Officer shall—

(1) designate or establish one or more Department of

Defense executive agents for enhancing data assets and the

acquisition of data analytic tools for users;

(2) ensure that data assets referred to in subsection (b)

that are in the possession of a component of the Department

of Defense are accessible for the purposes described in sub-

section (a); and

(3) ensure that advanced analytics, including artificial

intelligence technology, are developed and applied to the anal-

ysis of the data assets referred to in subsection (b) in support

of the purposes described in subsection (a).

(d) S

EMIANNUAL

RIEFINGS

.—Not later than 120 days after

the date of the enactment of this Act, and not less frequently

than semiannually thereafter, the Chief Digital and Artificial Intel-

ligence Officer shall provide to the appropriate congressional

committees a briefing on the implementation of this section.

(e) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed to authorize the Department of Defense to collect, pro-

cure, or otherwise acquire data, including commercially available

data, in any manner that is not authorized by law, or to make

use of data assets in any manner, or for any purpose, that is

not otherwise authorized by law.

(f) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the congressional defense committees;

(2) the Permanent Select Committee on Intelligence of the

House of Representatives; and

(3) the Select Committee on Intelligence of the Senate.

SEC. 1524. COURSE OF EDUCATION AND PILOT PROGRAM ON AUTHEN-

TICATION OF DIGITAL CONTENT PROVENANCE FOR CER-

TAIN DEPARTMENT OF DEFENSE MEDIA CONTENT.

(a) C

OURSE OF

DUCATION

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Defense, acting

through the Director of the Defense Media Activity, shall estab-

lish a course of education at the Defense Information School,

the purpose of which shall be to provide instruction on the

practical concepts and skills needed by public affairs, audio-

visual, visual information, and records management specialists

to understand the following:

(A) Digital content provenance for applicable Depart-

ment media content.

(B) The challenges posed to missions and operations

of the Department by a digital content forgery.

used to authenticate the digital content provenance of

applicable Department media content.

Deadlines.

10 USC note

prec. 2001.

Deadline.

Designation.

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137 STAT. 555 PUBLIC LAW 118–31—DEC. 22, 2023

(2) M

ATTERS

.—The course of education under paragraph

(1) shall cover the following matters:

(A) The challenges to missions and operations of the

Department posed by a digital content forgery.

(B) The development of industry open technical stand-

ards for authenticating the digital content provenance of

applicable Department media content.

and authenticated digital content to document and commu-

nicate relevant themes and messages of the Department.

(D) Training on—

(i) the use of industry open technical standards

for authenticating digital content provenance in the

completion of post-production tasks; and

(ii) the transmission of applicable Department

media content in both operational and nonoperational

environments.

(E) Such other matters as the Director of the Defense

Media Activity considers appropriate.

(3) R

EPORT

.—Not later than one year after the date of

the establishment of the course of education under paragraph

(1), the Director of the Defense Media Activity shall submit

to the Committees on Armed Services of the House of Rep-

resentatives and the Senate a report on the following:

(A) The status of the development of a curriculum

for such course of education.

(B) The implementation plan of the Director for such

course of education, including the following:

(i) The expertise and qualifications of the personnel

of the Department responsible for teaching such course

of education.

(ii) The list of sources consulted or otherwise used

to develop the curriculum for such course of education.

(iii) A description of the industry open technical

standards referred to in paragraph (1)(C).

(iv) The status of the implementation of such

course of education.

out this subsection and whether the Director requires any

additional resources to carry out this subsection.

(b) P

ILOT

ROGRAM ON

MPLEMENTING

IGITAL

ONTENT

ROVE

NANCE

TANDARDS

.—

(1) P

ILOT PROGRAM

.—Not later than one year after the

date of the enactment of this Act, the Director of the Defense

Media Activity shall carry out a pilot program to assess the

feasibility and advisability of implementing industry open tech-

nical standards for digital content provenance for official photo-

graphs and videos of the Department of Defense publicly

released by the Defense Visual Information Distribution

Service, or any successor operation, and other distribution plat-

forms, systems, and services used by the Department of Defense

(in this subsection referred to as the ‘‘pilot program’’).

(2) E

LEMENTS

.—In carrying out the pilot program, the

Director of the Defense Media Activity shall—

(A) establish a process for using industry open tech-

nical standards to verify the digital content provenance

of applicable Department media content;

Process.

Assessment.

List.

Implementation

plan.

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137 STAT. 556 PUBLIC LAW 118–31—DEC. 22, 2023

(B) apply technology solutions that comport with

industry open technical standard for digital content prove-

nance to photographs and videos of the Department pub-

licly released as described in paragraph (1) after the date

of the enactment of this Act;

an industry open technical standard for digital content

provenance to historical visual information records of the

Department stored at the Defense Visual Information

Records Center; and

(D) develop and apply measure of effectiveness for

the implementation of the pilot program.

(3) C

ONSULTATION

.—In carrying out the pilot program, the

Director of the Defense Media Activity may consult with feder-

ally funded research and development centers, entities within

private industry, institutions of higher education, and such

other entities as the Director considers appropriate.

(4) T

ERMINATION

.—The pilot program shall terminate on

January 1, 2027.

(5) R

EPORT

.—

(A) I

N GENERAL

.—Not later than January 1, 2026, the

Director of the Defense Media Activity shall submit to

the Committees on Armed Services of the House of Rep-

resentatives and the Senate a report on the pilot program.

(B) E

LEMENTS

.—The report under subparagraph (A)

shall include the following:

(i) The findings of the Director with respect to

the pilot program.

(ii) The name of each entity the Director consulted

with pursuant to paragraph (3) in carrying out the

pilot program.

(iii) An assessment by the Director of the effective-

ness of the pilot program.

(iv) A recommendation by the Director as to

whether the pilot program should be made permanent.

EFINITIONS

.—In this section:

(1) The term ‘‘applicable Department media content’’ means

any media holding generated, stored, or controlled by the

Defense Media Activity.

(2) The term ‘‘digital content forgery’’ means the use of

emerging technologies, including artificial intelligence and

machine learning techniques, to fabricate or manipulate audio,

visual, or text content with the intent to mislead.

(3) The term ‘‘digital content provenance’’ means the

verifiable chronology of the origin and history of an image,

video, audio recording, electronic document, or other form of

digital content.

SEC. 1525. PRIZE COMPETITIONS FOR BUSINESS SYSTEMS MODERNIZA-

TION.

(a) E

STABLISHMENT

.—Not later than 270 days after the date

of the enactment of this Act, under the authority of section 4025

of title 10, United States Code, the Secretary of Defense shall

establish one or more prize competitions to support the business

systems modernization goals of the Department of Defense.

(b) S

COPE

.—

Deadlines.

10 USC 2222

note.

Assessment.

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137 STAT. 557 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N GENERAL

.—The Secretary of Defense shall structure

any prize competition established under subsection (a) to com-

plement, and to the extent practicable, accelerate the delivery

or expand the functionality of business systems capabilities

sought by the Secretaries of the military departments that

are in operation, in development, or belong to any broad class

of systems covered by the defense business enterprise architec-

ture specified in section 2222(e) of title 10, United States Code.

(2) A

REAS FOR CONSIDERATION

.—In carrying out subsection

(a), the Secretary of Defense and the Secretaries of the military

departments shall consider the following:

(A) Integration of artificial intelligence or machine

learning capabilities.

(B) Data analytics, business intelligence, or related

visualization capabilities.

business systems integration, or documentation relating

to existing systems or manuals.

(D) Improvements to interfaces or processes for inter-

acting with other non-Department of Defense business sys-

tems.

(E) Updates or replacements for legacy defense busi-

ness systems to improve operational effectiveness and effi-

ciency, such as the system of the Defense Logistics Agency

known as the ‘‘Mechanization of Contract Administration

Services’’ system, or any successor system.

(F) Contract writing systems, or expanded capabilities

relating to such systems, that may be integrated into

existing systems of the Department of Defense.

(G) Pay and personnel systems, or expanded capabili-

ties relating to such systems, that may be integrated into

existing systems of the Department of Defense.

(H) Other finance and accounting systems, or expanded

capabilities relating to such systems, that may be

integrated into existing systems of the Department of

Defense.

(I) Systems supporting the defense industrial base and

related supply chain visibility, analytics, and management.

RAMEWORK

.—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 framework

to be used in carrying out the prize competition under subsection

(a).

(d) A

NNUAL

RIEFINGS

.—Not later than October 1 of each year

until the date of termination under subsection (e), the Secretary

of Defense shall provide to the congressional defense committees

a briefing on the results of the prize competition under subsection

(a).

(e) T

ERMINATION

.—The authority to carry out the prize competi-

tion under subsection (a) shall terminate on September 30, 2028.

SEC. 1526. REQUIREMENTS FOR DEPLOYMENT OF FIFTH GENERATION

INFORMATION AND COMMUNICATIONS CAPABILITIES TO

MILITARY INSTALLATIONS AND OTHER DEPARTMENT

FACILITIES.

(a) R

EQUIREMENTS

.—

Deadlines.

10 USC 4571

note.

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137 STAT. 558 PUBLIC LAW 118–31—DEC. 22, 2023

(1) S

TRATEGY FOR PRIVATE WIRELESS NETWORKS

.—Not later

than 120 days after the date of the enactment of this Act,

the Secretary of Defense shall develop and implement a strategy

for deploying to military installations and other facilities of

the Department of Defense private wireless networks that are—

(A) based on fifth generation information and commu-

nications capabilities and Open Radio Access Network

architecture; and

(B) tailored to the mission, security, and performance

requirements of the respective military installation or other

facility.

(2) P

ROCESS FOR PUBLIC WIRELESS NETWORK SERVICE PRO

VIDERS

.—

(A) E

STABLISHMENT

.—The Secretary shall establish a

Department-wide process under which a public wireless

network service provider of fifth generation information

and communications capabilities may gain access to a mili-

tary installation or other facility of the Department to

provide commercial subscriber services to military and

civilian personnel of the Department (including contractor

personnel) located at, and organizational elements of the

Department maintained at, such installation or facility.

(B) D

ESIGN REQUIREMENTS

.—In establishing the

process under subparagraph (A), the Secretary shall ensure

relevant system architectures and supporting infrastruc-

ture are designed to support modular upgrades to future

generation technologies.

(3) D

ETERMINATION RELATING TO CONTRACT AUTHORITY

.—

The Secretary shall determine, on a contract-by-contract basis

or as a determination with uniform applicability to contracts

across military installations and other facilities of the Depart-

ment, whether to enter into a contract for—

(A) neutral hosting, under which infrastructure and

services would be provided to companies deploying private

wireless networks and public wireless network services

to such installation or other facility through multi-operator

core network architectures; or

(B) separate private wireless network and public wire-

less network infrastructure at such installation or other

facility (which shall include a determination by the Sec-

retary on how to establish roaming agreements and policies

between such networks).

(4) B

RIEFING

.—Not later than 150 days after the date of

the enactment of this Act, the Secretary shall provide to the

congressional defense committees a briefing on the strategy

developed under paragraph (1) and any other activity carried

out pursuant to this subsection.

(b) I

NTERNATIONAL

OOPERATION

CTIVITIES

.—The Secretary,

using existing authorities available to the Secretary, may engage

in cooperation activities with foreign allies and partners of the

United States to—

(1) improve the implementation of the strategy under sub-

section (a)(1); and

(2) inform the deployment of private wireless networks

to military installations and other facilities of the Department

pursuant to such strategy.

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137 STAT. 559 PUBLIC LAW 118–31—DEC. 22, 2023

PEN

ADIO

CCESS

ETWORK

RCHITECTURE

EFINED

.—

In this section, the term ‘‘Open Radio Access Network architecture’’

means a network architecture that is modular, uses open interfaces,

and virtualizes functionality on commodity hardware through soft-

ware.

SEC. 1527. REQUIRED POLICIES TO ESTABLISH DATALINK STRATEGY

OF DEPARTMENT OF DEFENSE.

(a) P

OLICIES

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense shall develop

and implement policies to establish a unified datalink strategy

of the Department of Defense (in this section referred to as

the ‘‘strategy’’).

(2) E

LEMENTS

.—The policies under paragraph (1) shall pro-

vide for, at a minimum, the following:

(A) The designation of an organization to serve as

the lead coordinator of datalink activities throughout the

Department of Defense.

(B) The prioritization and coordination across the mili-

tary departments with respect to the strategy within the

requirements generation process of the Department.

standardized datalink network or transport protocol that

ensures interoperability between independently developed

datalinks, regardless of physical medium used, and ensures

mesh routing. In developing such policy, the Secretary of

Defense shall consider the use of a subset of Internet

Protocol.

(D) A programmatic decoupling of the physical method

used to transmit data, the network or transport protocols

used in the transmission and reception of data, and the

applications used to process and use data.

(E) Coordination of the strategy with respect to weapon

systems executing the same mission types across the mili-

tary departments, including through the use of a common

set of datalink waveforms. In developing such policy, the

Secretary shall evaluate the use of redundant datalinks

for line-of-sight and beyond-line-of-sight information

exchange for each weapon systems platform.

(F) Coordination between the Department and the

intelligence community (as such term is defined in section

3 of the National Security Act of 1947 (50 U.S.C. 3003))

to leverage any efficiencies and overlap with existing

datalink waveforms of the intelligence community.

(G) Methods to support the rapid integration of

common datalinks across the military departments.

(H) Support for modularity of specific datalink wave-

forms to enable rapid integration of future datalinks,

including the use of software defined radios compliant with

modular open system architecture and sensor open system

architecture.

(b) I

NFORMATION TO

ONGRESS

.—Not later than June 1, 2024,

the Secretary of Defense shall—

(1) provide to the appropriate congressional committees

a briefing on the proposed policies under subsection (a)(1),

including timelines for the implementation of such policies;

and

Briefing.

Deadline.

Evaluation.

Designation.

10 USC 2223

note.

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137 STAT. 560 PUBLIC LAW 118–31—DEC. 22, 2023

(2) submit to the appropriate congressional committees—

(A) an estimated timeline for the implementations of

datalinks;

(B) a list of any additional resources and authorities

necessary to implement the strategy; and

datalinks can and should be implemented across all major

weapon systems (as such term is defined in section 3455

of title 10, United States Code) of the Department of

Defense.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the congressional defense committees and the congressional intel-

ligence committees, as such term is defined in section 3 of the

National Security Act of 1947 (50 U.S.C. 3003).

Subtitle D—Personnel

SEC. 1531. OFFICE FOR ACADEMIC ENGAGEMENT RELATING TO CYBER

ACTIVITIES.

(a) E

STABLISHMENT

.—Chapter 111 of title 10, United States

Code, is amended by inserting after section 2192b the following

new section:

‘‘§ 2192c. Office for academic engagement relating to cyber

activities

‘‘(a) E

STABLISHMENT

.—The Secretary of Defense, acting through

the Chief Information Officer of the Department of Defense, shall

establish an office to establish, maintain, and oversee the activities

of the Department of Defense that pertain to the relationship

between the Department and academia, including with entities

involved in primary, secondary, or postsecondary education, with

respect to cyber-related matters (in this section referred to as the

‘Office’).

‘‘(b) D

IRECTOR

.—The Office shall have a Director who shall

report directly to the Chief Information Officer of the Department

of Defense. An individual serving as Director, while so serving,

shall be a member of the Senior Executive Service.

‘‘(c) R

ESPONSIBILITIES

.—(1) The Office shall be responsible for

the following:

‘‘(A) Serving as the consolidated focal point for engagements

carried out between the Department of Defense and academia

with respect to cyber-related matters.

‘‘(B) Coordinating covered academic engagement programs

for the Department of Defense.

‘‘(C) Conducting ongoing analysis, as determined necessary

by the Director, of the performance of cyber-related educational

scholarships, camps, support efforts, and volunteer partnerships

of the Department of Defense.

‘‘(D) Identifying actions the Secretary of Defense may take

to improve the cyber skills of personnel within the Department

of Defense through participation by such personnel in covered

academic engagement programs, for the purposes of assisting

the Secretary in cyber-related matters and meeting the long-

term national defense needs of the United States for personnel

proficient in such skills.

10 USC 2192c.

10 USC

prec. 2191.

Determination.

List.

Timeline.

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137 STAT. 561 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(E) Managing funds and resources for the National Cen-

ters for Academic Excellence in Cybersecurity program, the

Department of Defense Cyber Scholarship Program, the

National Defense University College of Information and Cyber-

space, the University Consortium for Cybersecurity, the senior

military colleges, and other educational partnerships between

academic institutions and active components of the Armed

Forces.

‘‘(F) Establishing requirements, policies, and procedures

to collect data on, and to monitor and evaluate, the performance

of covered academic engagement programs with respect to the

involvement in such programs by the Department of Defense.

‘‘(G) Monitoring and evaluating through applicable perform-

ance measurements (including those established pursuant to

subparagraph (F)) the performance of covered academic engage-

ment programs with respect to the involvement in such pro-

grams by the Department of Defense, and advising the Sec-

retary of Defense on whether to continue, modify, or terminate

such involvement.

‘‘(H) Conducting budgetary oversight and supervision,

taking into consideration the findings of performance evalua-

tions under subparagraph (G), with respect to—

‘‘(i) the involvement in covered academic engagement

programs by the Department of Defense; and

‘‘(ii) other matters relating to the responsibilities under

this subsection.

‘‘(2) The Office shall be the office of primary responsibility

for carrying out the following:

‘‘(A) Section 2200c of title 10, United States Code.

‘‘(B) Section 1640 of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232;

10 U.S.C. 2200 note).

‘‘(C) Section 1649 of the National Defense Authorization

Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1758).

‘‘(D) The duties of the Secretary of Defense under section

1659 of the National Defense Authorization Act for Fiscal Year

2020 (Public Law 116–92; 10 U.S.C. 391 note).

‘‘(E) The duties of the Chief Information Officer of the

Department of Defense under section 1726 of the William M.

(Mac) Thornberry National Defense Authorization Act for Fiscal

Year 2021 (Public Law 116–283; 10 U.S.C. 1599f note).

‘‘(F) Section 1532 of the National Defense Authorization

Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2191

note prec.).

‘‘(G) Section 1535 of the National Defense Authorization

Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2200

note).

‘‘(H) Such other provisions of law as the Secretary of

Defense may determine relevant.

‘‘(d) A

UTHORITY

ELATING TO

OMPLIANCE

.—The Secretary of

Defense shall take such steps as may be necessary to ensure that

the Director of the Office has sufficient authority to compel and

enforce compliance with any decisions or directives issued pursuant

to the responsibilities under subsection (c).

‘‘(e) A

DDITIONAL

UTHORITIES

.—In carrying out this section,

the Director of the Office may, under any provision of this chapter

or any other provision of this title providing for the support of

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137 STAT. 562 PUBLIC LAW 118–31—DEC. 22, 2023

educational programs in cyber-related matters (and unless other-

wise specified in such provision)—

‘‘(1) enter into contracts and cooperative agreements,

including for the purpose of supporting academic and hands-

on programs for individuals transitioning into the cyber field

of the Department;

‘‘(2) make grants of financial assistance, including to

civilian and military students;

‘‘(3) provide cash awards and other items;

‘‘(4) accept voluntary services; and

‘‘(5) support national competition judging, other educational

event activities, and associated award ceremonies in connection

with covered academic engagement programs.

‘‘(f) R

ELATIONSHIP TO

THER

NTITIES

.—The Under Secretary

of Defense for Research and Engineering and the Secretaries con-

cerned shall coordinate and collaborate with the Director of the

Office on covered academic engagement programs sponsored by

the Under Secretary as Science, Technology, Engineering, and

Mathematics (STEM) programs and activities.

‘‘(g) C

OVERED

CADEMIC

NGAGEMENT

ROGRAM

EFINED

.—

In this section, the term ‘covered academic engagement program’

means any of the following:

‘‘(1) A primary, secondary, or post-secondary educational

program with a cyber focus.

‘‘(2) A program of the Department of Defense for the recruit-

ment or retention of cyberspace civilian and military personnel

(including scholarship programs) other than a Reserve Officers’

Training Corps program.

‘‘(3) An academic partnership focused on establishing cyber

talent among the personnel referred to in paragraph (2).’’.

(b) D

EADLINE FOR

STABLISHMENT

.—The Secretary of Defense

shall establish the office under section 2192c of title 10, United

States Code, as added by subsection (a), by not later than 270

days after the date of the enactment of this Act.

ONFORMING

MENDMENTS

.—

(1) P

ROGRAM TO ESTABLISH CYBER INSTITUTES AT INSTITU

TIONS OF HIGHER LEARNING

.—Section 1640 of the John S.

McCain National Defense Authorization Act for Fiscal Year

2019 (Public Law 115–232; 10 U.S.C. 2200 note) is amended

by inserting at the end the following new subsection:

‘‘(h) D

ISCHARGE

HROUGH

IRECTOR

.—In carrying out this sec-

tion, the Secretary of Defense shall act through the Director of

the office established under section 2192c of title 10, United States

Code.’’.

(2) R

EPORT ON CYBERSECURITY TRAINING PROGRAMS

.—Sec-

tion 1649 of the National Defense Authorization Act for Fiscal

Year 2020 (Public Law 116–92; 133 Stat. 1758) is amended

by inserting ‘‘, acting through the Director of the office estab-

lished under section 2192c of title 10, United States Code,’’

after ‘‘Secretary of Defense’’.

(3) C

ONSORTIA OF UNIVERSITIES TO ADVISE SECRETARY OF

DEFENSE ON CYBERSECURITY MATTERS

.—Section 1659 of the

National Defense Authorization Act for Fiscal Year 2020 (Public

Law 116–92; 10 U.S.C. 391 note) is amended by adding at

the following new subsection:

‘‘(g) D

ISCHARGE

HROUGH

IRECTOR

.—In carrying out this sec-

tion, the Secretary of Defense shall act through the Director of

10 USC 2192c

note.

Grants.

Contracts.

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137 STAT. 563 PUBLIC LAW 118–31—DEC. 22, 2023

the office established under section 2192c of title 10, United States

Code.’’.

(4) D

EPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS

.—

Section 1726 of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law

116–283; 10 U.S.C. 1599f note) is amended by adding at the

end the following new subsection:

‘‘(b) D

ISCHARGE

HROUGH

IRECTOR

.—In carrying out this sec-

tion, the Chief Information Officer of the Department of Defense

shall act through the Director of the office established under section

2192c of title 10, United States Code.’’.

(5) S

TUDY ON ESTABLISHMENT OF DESIGNATED CENTRAL PRO

GRAM OFFICE

.—Section 1532 of the National Defense Authoriza-

tion Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.

2191 note prec.) is amended—

(A) by redesignating subsection (e) as subsection (f);

and

(B) by inserting after subsection (d) the following new

subsection:

‘‘(e) D

ISCHARGE

HROUGH

IRECTOR

.—In carrying out this sec-

tion, the Secretary of Defense shall act through the Director of

the office established under section 2192c of title 10, United States

Code.’’.

(6) D

EPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE

ACADEMY

.—Section 1535 of the National Defense Authorization

Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2200

note) is amended by adding at the end the following new

subsection:

‘‘(p) D

ISCHARGE

HROUGH

IRECTOR

.—In carrying out this sec-

tion, the Secretary of Defense shall act through the Director of

the office established under section 2192c of title 10, United States

Code.’’.

SEC. 1532. SELECTED RESERVE ORDER TO ACTIVE DUTY TO RESPOND

TO A SIGNIFICANT CYBER INCIDENT.

Section 12304 of title 10, United States Code, is amended—

(1) in subsection (a), by striking ‘‘for any named operational

mission’’;

(2) by redesignating subsections (c) through (j) as sub-

sections (d) through (k), respectively;

(3) by inserting after subsection (b) the following new sub-

section:

‘‘(c) A

UTHORITY

ELATING TO

IGNIFICANT

YBER

NCIDENTS

.—

When the Secretary of Defense or the Secretary of the department

in which the Coast Guard is operating determines that it is nec-

essary to augment the active armed forces for the response of

the Department of Defense or other department under which the

Coast Guard is operating, respectively, to a covered incident, such

Secretary may, without the consent of the member affected, order

any unit, and any member not assigned to a unit organized to

serve as a unit of the Selected Reserve (as defined in section

10143(a) of this title), under the respective jurisdiction of such

Secretary, to active duty for not more than 365 consecutive days.’’;

(4) in paragraph (1) of subsection (d), as redesignated by

paragraph (2), by inserting ‘‘or subsection (c)’’ after ‘‘subsection

(b)’’;

Determination.

Time period.

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137 STAT. 564 PUBLIC LAW 118–31—DEC. 22, 2023

(5) in subsection (g), as redesignated by paragraph (2),

by inserting ‘‘or subsection (c)’’ after ‘‘subsection (a)’’;

(6) by amending subsection (h), as redesignated by para-

graph (2), to read as follows:

‘‘(h) T

ERMINATION OF

UTY

.—(1) Whenever any unit of the

Selected Reserve or any member of the Selected Reserve not

assigned to a unit organized to serve as a unit, or any member

of the Individual Ready Reserve, is ordered to active duty under

authority of subsection (a), the service of all units or members

so ordered to active duty may be terminated by—

‘‘(A) order of the President; or

‘‘(B) law.

‘‘(2) Whenever any unit of the Selected Reserve or any member

of the Selected Reserve not assigned to a unit organized to serve

as a unit is ordered to active duty under authority of subsection

(c), the service of all units or members so ordered to active duty

may be terminated by—

‘‘(A) order of the Secretary of Defense or, with respect

to the Coast Guard, the Secretary of the Department in which

the Coast Guard is operating; or

‘‘(B) law.’’; and

(7) in subsection (k), as redesignated by paragraph (2)—

(A) by redesignating paragraphs (1) and (2) as para-

graphs (2) and (3), respectively; and

(B) by inserting after the matter preceding paragraph

(2), as so redesignated, the following new paragraph:

‘‘(1) The term ‘covered incident’ means—

‘‘(A) a cyber incident involving a Department of Defense

information system, or a breach of a Department of Defense

system that involves personally identifiable information,

that the Secretary of Defense determines is likely to result

in demonstrable harm to the national security interests,

foreign relations, or the economy of the United States,

or to the public confidence, civil liberties, or public health

and safety of the people of the United States;

‘‘(B) a cyber incident involving a Department of Home-

land Security information system, or a breach of a Depart-

ment of Homeland Security system that involves personally

identifiable information, that the Secretary of Homeland

Security determines is likely to result in demonstrable

harm to the national security interests, foreign relations,

or the economy of the United States or to the public con-

fidence, civil liberties, or public health and safety of the

people of the United States;

‘‘(C) a cyber incident, or collection of related cyber

incidents, that the President determines is likely to result

in demonstrable harm to the national security interests,

foreign relations, or economy of the United States or to

the public confidence, civil liberties, or public health and

safety of the people of the United States; or

‘‘(D) a significant incident declared pursuant to section

2233 of the Homeland Security Act of 2002 (6 U.S.C.

677b).’’.

President.

Definition.

Determinations.

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137 STAT. 565 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1533. POST-GRADUATE EMPLOYMENT OF DEPARTMENT OF

DEFENSE CYBER SERVICE ACADEMY SCHOLARSHIP

RECIPIENTS IN INTELLIGENCE COMMUNITY.

Section 1535 of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10

U.S.C. 2200 note) is amended—

(1) in the section heading, by striking ‘‘D

EPARTMENT OF

EFENSE

YBER AND

IGITAL

ERVICE

CADEMY

’’ and

inserting ‘‘

DEPARTMENT OF DEFENSE CYBER SERVICE

ACADEMY

’’;

(2) in subsection (a)—

(A) in paragraph (1), by inserting ‘‘, the heads of the

elements of the intelligence community,’’ after ‘‘the Sec-

retary of Homeland Security’’; and

(B) in paragraph (3), by striking ‘‘Department of

Defense Cyber and Digital Service Academy’’ and inserting

‘‘Department of Defense Cyber Service Academy’’;

(3) in subsection (d)—

(A) by inserting ‘‘or an element of the intelligence

community’’ after ‘‘missions of the Department’’; and

(B) by striking ‘‘Secretary’’ each place it appears and

inserting ‘‘head concerned’’;

(4) in subsection (e)—

(A) by striking ‘‘Secretary’’ each place it appears and

inserting ‘‘head concerned’’; and

(B) by inserting ‘‘, or within an element of the intel-

ligence community, as the case may be’’ after ‘‘United

States Code’’;

(5) in subsections (h), (j), and (k), by striking ‘‘Secretary’’

each place it appears and inserting ‘‘head concerned’’; and

(6) by adding at the end of the following new subsections:

‘‘(p) I

NTERAGENCY

ONSIDERATIONS

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (2), a scholarship

recipient may satisfy their post-award employment obligation

under this section by working for an element of the intelligence

community that is not part of the Department of Defense only

if—

‘‘(A) the Secretary of Defense has entered into an agree-

ment with the head of that element authorizing the place-

ment of scholarship recipients under the Program in posi-

tions within that element;

‘‘(B) under such agreement, the head of that element

has agreed to reimburse the Department of Defense for

the scholarship program costs associated with any scholar-

ship recipient so placed; and

‘‘(C) the scholarship recipient has satisfied appropriate

hiring criteria and security clearance requirements

applicable to that element.

‘‘(2) L

IMITATION ON PERCENTAGE PER GRADUATING CLASS

.—

Not more than 10 percent of each graduating class of scholar-

ship recipients under the Program may be placed in positions

not within the Department of Defense unless the Secretary

of Defense submits to the congressional defense committees

a certification that the Department of Defense is unable to

facilitate placements in positions within the Department of

Defense for such excess percentage.

‘‘(q) D

EFINITIONS

.—In this section:

Certification.

Reimbursement.

Contracts.

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137 STAT. 566 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) The term ‘head concerned’ means—

‘‘(A) The Secretary of Defense, with respect to matters

concerning the Department of Defense; or

‘‘(B) the head of an element of the intelligence commu-

nity, with respect to matters concerning that element.

‘‘(2) The term ‘intelligence community’ has the meaning

given such term in section 3 of the National Security Act

of 1947 (50 U.S.C. 3003).’’.

SEC. 1534. MINIMUM NUMBER OF SCHOLARSHIPS TO BE AWARDED

ANNUALLY THROUGH DEPARTMENT OF DEFENSE CYBER

SERVICE ACADEMY.

Section 1535(c) of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10

U.S.C. 2200 note) is amended by adding at the end the following

new paragraph:

‘‘(5) M

INIMUM NUMBER OF SCHOLARSHIP AWARDS

.—

‘‘(A) I

N GENERAL

.—The Secretary of Defense shall

award not fewer than 1,000 scholarships under the Pro-

gram in fiscal year 2026 and in each fiscal year thereafter.

‘‘(B) W

AIVER

.—The Secretary of Defense may award

fewer than the number of scholarships required under

subparagraph (A) in a fiscal year if the Secretary deter-

mines and notifies the congressional defense committees

that fewer scholarships are necessary to address workforce

needs.’’.

SEC. 1535. PILOT PROGRAM AND OTHER MEASURES TO ENHANCE

READINESS AND EFFECTIVENESS OF CYBER MISSION

FORCE.

(a) P

ERSONNEL

EQUIREMENTS AND

RAINING FOR

RITICAL

ORK

OLES

.—Not later than 270 days after the date of the enact-

ment of this Act, the Secretary of Defense shall—

(1) direct and oversee the implementation of guidance,

to be issued by each Secretary of a military department, that

correlates critical work roles to military occupational specialties

and periods of obligated service with respect to that military

department;

(2) require that, prior to the attachment or assignment

of a member of the Armed Forces to a unit of the United

States Cyber Command, the Secretary concerned ensure such

member is fully trained and in compliance with the required

standards for the work role to be assumed by the member

within such unit, including with respect to critical work roles

within the Cyber Mission Force;

(3) ensure that the period of obligated service for members

of the Armed Forces is—

(A) uniform across the military departments with

respect to positions of the Cyber Mission Force involving

critical work roles;

(B) commensurate with the financial and time invest-

ments made by Secretary concerned for the purpose of

furnishing training pursuant to paragraph (2); and

lished by the Commander of the United States Cyber Com-

mand;

(4) facilitate consecutive assignments of members of the

Armed Forces to the same unit of the United States Cyber

Compliance.

Guidance.

Deadlines.

10 USC 167b

note.

Determination.

Notification.

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137 STAT. 567 PUBLIC LAW 118–31—DEC. 22, 2023

Command without inhibiting the advancement or promotion

potential of any such member;

(5) provide to the Secretaries of the military departments

direction for the integration of critical work roles into the

personnel system of record of the respective military depart-

ment, to provide for tracking cyber personnel data by work

role; and

(6) establish within at least one military department the

curriculum and capacity necessary to train sufficient numbers

of members of the Armed Forces from across the military

departments in the performance of critical work roles within

the Cyber Mission Force to achieve the readiness requirements

established by the Commander of United States Cyber Com-

mand.

(b) P

ILOT

ROGRAM ON

ONTRACTING FOR

ERVICES

ELEVANT

RITICAL

ORK

OLES

.—

(1) P

ILOT PROGRAM

.—Not later than 180 days after the

date of the enactment of this Act, the Commander of the United

States Cyber Command shall carry out a pilot program under

which the Commander shall seek to enter into one or more

contracts under which skilled contractor personnel provide serv-

ices relevant to critical work roles within the Cyber Mission

Force, for the purpose of enhancing the readiness and effective-

ness of the Cyber Mission Force.

(2) D

URATION

.—The Commander shall carry out the pilot

program under paragraph (1) during the three-year period

beginning on the date of the commencement of the pilot pro-

gram and following such period, may—

(A) continue carrying out such pilot program for such

duration as the Commander considers appropriate;

(B) transition such pilot program to a permanent pro-

gram; or

LAN ON

IRING

, T

RAINING

AND

ETAINING

IVILIANS TO

ERVE IN

RITICAL

ORK

OLES

.—Not later than 120 days after

the date of the enactment of this Act, the Commander of the

United States Cyber Command shall—

(1) develop a plan to hire, train, and retain civilians to

serve in critical work roles and other work roles within the

Cyber Mission Force, for the purpose of enhancing the readiness

and effectiveness of the Cyber Mission Force; and

(2) provide to the congressional defense committees a

briefing on such plan.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘critical work role’’ means a work role des-

ignated as critical by the Commander of the United States

Cyber Command for purposes of this section.

(2) The term ‘‘Secretary concerned’’ has the meaning given

that term in section 101 of title 10, United States Code.

SEC. 1536. AUTHORITY TO CONDUCT PILOT PROGRAM ON CIVILIAN

CYBERSECURITY RESERVE.

(a) A

UTHORITY

.—The Secretary of the Army may conduct a

pilot program to establish a Civilian Cybersecurity Reserve to pro-

vide to the United States Cyber Command manpower to effec-

tively—

10 USC note

prec. 7371.

Briefing.

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137 STAT. 568 PUBLIC LAW 118–31—DEC. 22, 2023

(1) preempt, defeat, deter, or respond to malicious cyber

activity;

(2) conduct cyberspace operations;

(3) secure information and systems of the Department of

Defense against malicious cyber activity; and

(4) assist in solving cyber workforce-related challenges.

(b) C

ONDITIONS

RIOR TO

ONDUCT OF

ILOT

ROGRAM

.—

(1) I

MPLEMENTATION PLAN

.—The Secretary of the Army

may not take any action to commence a pilot program pursuant

to the authority under subsection (a) until the Secretary—

(A) submits to the congressional defense committees

an implementation plan for the pilot program; and

(B) provides to the congressional defense committees

a briefing on such implementation plan.

(2) P

ROGRAM GUIDANCE

.—If the Secretary of the Army

intends to conduct a pilot program pursuant to the authority

under subsection (a), prior to commencing such pilot program,

the Secretary, in consultation with the Director of the Office

of Personnel Management and the Director of the Office of

Government Ethics, shall issue guidance for the establishment

and implementation of the pilot program.

ONDITIONS ON

ONDUCT OF

ILOT

ROGRAM

.—Any pilot

program conducted by the Secretary of the Army pursuant to the

authority under subsection (a) shall be subject to the following:

(1) H

IRING AUTHORITY

;

STATUS IN RESERVE

.—

(A) H

IRING AUTHORITY

.—In conducting the pilot pro-

gram, the Secretary of the Army may use any authority

otherwise available to the Secretary for the recruitment,

employment, and retention of civilian personnel within the

Department, including the authority under section 1599f

of title 10, United States Code.

(B) S

TATUS IN RESERVE

.—During the period beginning

on the date on which an individual is recruited to serve

in the Civilian Cybersecurity Reserve and ending on the

date on which the individual is appointed to the Civilian

Cybersecurity Reserve, and during any period elapsing

between any such appointments, the individual may not

be considered a Federal employee.

(2) E

LIGIBILITY

;

APPLICATION AND SELECTION

.—

(A) C

RITERIA REQUIRED

.—The Secretary of the Army

shall establish criteria for—

(i) individuals to be eligible to serve in the Civilian

Cybersecurity Reserve; and

(ii) the application and selection processes for

service in the Civilian Cybersecurity Reserve.

(B) R

EQUIREMENTS FOR INDIVIDUALS

.—The criteria

under subparagraph (A) shall include, with respect to an

individual—

(i) if the individual has previously served as a

member of the Civilian Cybersecurity Reserve, that

the previous appointment ended not fewer than 60

days before the individual may be appointed for a

subsequent temporary position in the Civilian Cyberse-

curity Reserve; and

(ii) cybersecurity expertise.

RESCREENING

.—The Secretary of the Army shall—

Time period.

Time periods.

Briefing.

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137 STAT. 569 PUBLIC LAW 118–31—DEC. 22, 2023

(i) prior to the appointment of an individual to

the Civilian Cybersecurity Reserve, conduct a

prescreening of the individual for any topic or product

that would create a conflict of interest; and

(ii) require each individual so appointed to notify

the Secretary if a potential conflict of interest arises

during such appointment.

(D) A

GREEMENT REQUIRED

.—The Secretary of the Army

may only appoint an individual to the Civilian Cybersecu-

rity Reserve if the individual enters into an agreement

with the Secretary to serve in the Civilian Cybersecurity

Reserve. Such agreement shall set forth the rights and

obligations of the individual and the Army.

(E) E

XCEPTION FOR CONTINUING MILITARY SERVICE

COMMITMENTS

.—A member of the Selected Reserve under

section 10143 of title 10, United States Code, may not

serve as a member of the Civilian Cybersecurity Reserve.

(F) P

ROHIBITION

.—No individual who is an officer or

employee of the United States Government, including any

member of the uniformed services, may be recruited or

appointed to serve in the Civilian Cybersecurity Reserve.

(3) S

ECURITY CLEARANCES

.—

(A) I

N GENERAL

.—The Secretary of the Army shall

ensure that each member of the Civilian Cybersecurity

Reserve is subject to appropriate personnel vetting and

adjudication commensurate with the duties of the position,

including, with respect to positions for which a security

clearance is necessary, a favorable determination of eligi-

bility for access to classified information, consistent with

applicable provisions of law and policy.

(B) C

OST OF SPONSORING CLEARANCES

.—If a member

of the Civilian Cybersecurity Reserve requires a security

clearance in order to carry out the duties of the member,

the Army shall be responsible for the cost of sponsoring

the security clearance of the member.

(4) B

RIEFINGS

.—Not later than one year after the date

on which the guidance under subsection (b)(2) is issued with

respect to the pilot program, and annually thereafter until

the date on which the pilot program terminates pursuant to

paragraph (7), the Secretary of the Army shall provide to the

congressional defense committees a briefing on activities carried

out under the pilot program, including—

(A) participation in the Civilian Cybersecurity Reserve,

including the number of members of the Civilian Cyberse-

curity Reserve, the diversity of such members, and any

barriers to recruitment or retention of such members;

(B) an evaluation of the ethical requirements of the

pilot program;

been effective in providing additional capacity to the Army;

and

(D) an evaluation of the eligibility requirements for

the pilot program.

(5) F

INAL REPORT AND BRIEFING REQUIRED

.—Not earlier

than 180 days and not later than 90 days prior to the date

on which the pilot program terminates pursuant to paragraph

(7), the Secretary of the Army shall submit to the congressional

Recommenda-

tions.

Deadline.

Evaluations.

Notification.

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137 STAT. 570 PUBLIC LAW 118–31—DEC. 22, 2023

defense committees a report, and provide to the congressional

defense committees a briefing, on recommendations relating

to the pilot program, including recommendations for—

(A) whether the pilot program should be modified,

extended in duration, or established as a permanent pro-

gram, and if so, an appropriate scope for the program;

(B) how to attract prospective members of the Civilian

Cybersecurity Reserve, ensure a diversity of such members,

and address any barriers to recruitment or retention of

such members;

the effectiveness of mitigation efforts to address any conflict

of interest concerns; and

(D) an evaluation of the eligibility requirements for

the pilot program.

(6) E

VALUATION REQUIRED

.—Not later than three years

after the date on which the pilot program commences, the

Comptroller General of the United States shall—

(A) conduct a study evaluating the pilot program; and

(B) submit to the congressional defense committees—

(i) a report on the results of the study; and

(ii) a recommendation with respect to whether the

pilot program should be modified.

(7) S

UNSET

.—The authority to conduct the pilot program

shall terminate on the date that is four years after the date

on which the pilot program commences.

SEC. 1537. REQUIREMENTS FOR IMPLEMENTATION OF USER ACTIVITY

MONITORING FOR CERTAIN PERSONNEL.

(a) I

ENERAL

.—The Secretary of Defense shall require each

head of a component of the Department of Defense to fully imple-

ment each directive, policy, and program requirement for user

activity monitoring and least privilege access controls with respect

to the personnel of that component, including Federal employees

and contractors, granted access to classified information and classi-

fied networks, including the following directives (and any successor

directives):

(1) The Committee on National Security Systems Directive

504, issued on February 4, 2014, relating to the protection

of national security systems from insider threats (including

any annex to such directive).

(2) Department of Defense Directive 5205.16, issued on

September 30, 2014, relating to the insider threat program

of the Department of Defense.

(b) A

DDITIONAL

EQUIREMENT

.—The Secretary of Defense shall

require each head of a component of the Department of Defense

to implement, with respect to systems, devices, and personnel of

the component, automated controls to detect and prohibit privileged

user accounts from performing general user activities not requiring

privileged access.

ERIODIC

ESTING

.—The Secretary shall require that, not

less frequently than once every two years, each head of a component

of the Department of Defense—

(1) conducts insider threat testing using threat-realistic

tactics, techniques, and procedures; and

(2) submits to the Under Secretary of Defense for Intel-

ligence and Security, the Chief Information Officer of the

Reports.

10 USC 2224

note.

Recommenda-

tions.

Study.

Deadline.

Evaluation.

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137 STAT. 571 PUBLIC LAW 118–31—DEC. 22, 2023

Department of Defense, and the Director of Operational Test

and Evaluation of the Department of Defense a report on the

findings of the head with respect to the testing conducted

pursuant to paragraph (1).

(d) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the appropriate congressional committees a report on the

implementation of this section.

(e) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

(1) the Committee on Armed Services and the Permanent

Select Committee on Intelligence of the House of Representa-

tives; and

(2) the Committee on Armed Services and the Select Com-

mittee on Intelligence of the Senate.

SEC. 1538. STUDY ON OCCUPATIONAL RESILIENCY OF CYBER MISSION

FORCE.

(a) S

TUDY

.—Not later than 180 days after the date of the

enactment of this Act, the Principal Cyber Advisor of the Depart-

ment of Defense and the Under Secretary of Defense for Personnel

and Readiness, in coordination with the principal cyber advisors

of the military departments and the Commander of the United

States Cyber Command, shall conduct a study on the personnel

and resources required to enhance and support the occupational

resiliency of the Cyber Mission Force.

(b) E

LEMENTS

.—The study under subsection (a) shall include

the following:

(1) An inventory of the resources and programs available

to personnel assigned to the Cyber Mission Force, disaggregated

by Armed Force and location.

(2) An assessment of the risk to the occupational resiliency

of such personnel relative to the respective operational work

role within the Cyber Mission Force (as defined by the Com-

mander of the United States Cyber Command) and the number

of such personnel available to perform operations in each such

category of operational work role.

(3) An evaluation of the extent to which personnel assigned

to the Cyber Mission Force have been made aware of the

resources and programs referred to in paragraph (1), and of

measures required to improve such awareness.

(4) A determination by the Commander of the United States

Cyber Command regarding the adequacy and accessibility of

such resources and programs for personnel assigned to the

Cyber Mission Force.

(5) Such other matters as may be determined necessary

by the Principal Cyber Advisor of the Department of Defense

and the Under Secretary of Defense for Personnel and Readi-

ness.

UBMISSION TO

ONGRESS

.—Upon completing the study

under subsection (a), the Principal Cyber Advisor of the Department

of Defense and the Under Secretary of Defense for Personnel and

Readiness shall submit to the congressional defense committees

a report containing the results of such study.

(d) O

CCUPATIONAL

ESILIENCY

EFINED

.—In this section, the

term ‘‘occupational resiliency’’ means, with respect to personnel

Reports.

Determination.

Evaluation.

Assessment.

Inventory.

Deadline.

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137 STAT. 572 PUBLIC LAW 118–31—DEC. 22, 2023

assigned to the Cyber Mission Force, the ability of such personnel

to mitigate the unique psychological factors that contribute to the

degradation of mental health and job performance under such

assignment.

Subtitle E—Artificial Intelligence

SEC. 1541. MODIFICATION TO ACQUISITION AUTHORITY OF SENIOR

OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFI-

CIAL INTELLIGENCE AND MACHINE LEARNING.

Section 808 of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283; 10 U.S.C. 4001 note) is amended—

(1) in subsection (c)(1), by striking ‘‘The Secretary of

Defense shall provide the Office with at least 10 full-time

employees’’ and inserting ‘‘The Secretary of Defense shall

ensure that, at any given time for the duration of the period

specified in subsection (d), the Office has at least 10 full-

time employees provided by the Secretary’’;

(2) in subsection (d), by striking ‘‘in each of fiscal years

2021, 2022, 2023, 2024, and 2025’’ and inserting ‘‘in each of

fiscal years 2024 through 2029’’;

(3) by amending subsection (e)(1) to read as follows:

‘‘(1) I

N GENERAL

.—

‘‘(A) P

LAN REQUIRED

.—Not later than 30 days after

the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2024, the Secretary of

Defense, acting through the Under Secretary of Defense

for Acquisition and Sustainment, shall submit to the

congressional defense committees a plan for the delegation

and exercise of the acquisition authority described in sub-

section (a).

‘‘(B) D

EMONSTRATION REQUIRED

.—Not later than 90

days after the date of the enactment of the National

Defense Authorization Act for Fiscal Year 2024, the Sec-

retary of Defense, acting through the Chief Digital and

Artificial Intelligence Officer of the Department of Defense,

shall provide a demonstration of operational capability

delivered under such authority. In addition to the matters

specified in paragraph (4), such demonstration shall include

a description of—

‘‘(i) how the Chief Digital and Artificial Intelligence

Officer may use the acquisition authorities available

to the Chief Digital and Artificial Intelligence Officer

to further the data and artificial intelligence objectives

of the Department of Defense, including an inventory

of requirements and funding associated with the exer-

cise of such acquisition authorities;

‘‘(ii) how the Chief Digital and Artificial Intel-

ligence Officer may use the acquisition authorities of

other Federal entities to further such objectives,

including an inventory of requirements and funding

associated with the exercise of such acquisition authori-

ties; and

Deadlines.

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137 STAT. 573 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(iii) the challenges and benefits of using the

acquisition authorities described in clauses (i) and (ii),

respectively, to further such objectives.’’; and

(4) in subsection (f), by striking ‘‘October 1, 2025’’ and

inserting ‘‘October 1, 2029’’.

SEC. 1542. ARTIFICIAL INTELLIGENCE BUG BOUNTY PROGRAMS.

(a) P

ROGRAM FOR

OUNDATIONAL

RTIFICIAL

NTELLIGENCE

RODUCTS

EING

NTEGRATED

ITHIN

EPARTMENT OF

EFENSE

.—

(1) D

EVELOPMENT REQUIRED

.—Not later than 180 days after

the date of the enactment of this Act and subject to the avail-

ability of appropriations, the Chief Digital and Artificial Intel-

ligence Officer of the Department of Defense shall develop

a bug bounty program for foundational artificial intelligence

models being integrated into the missions and operations of

the Department of Defense.

(2) C

OLLABORATION

.—In developing the program under

paragraph (1), the Chief Digital and Artificial Intelligence

Officer may collaborate with the heads of other Federal depart-

ments and agencies with expertise in cybersecurity and artifi-

cial intelligence.

(3) I

MPLEMENTATION AUTHORIZED

.—The Chief Digital and

Artificial Intelligence Officer may carry out the program devel-

oped under subsection (a).

(4) C

ONTRACTS

.—The Secretary of Defense shall ensure,

as may be appropriate, that whenever the Secretary enters

into any contract, such contract allows for participation in

the bug bounty program developed under paragraph (1).

(5) R

ULE OF CONSTRUCTION

.—Nothing in this subsection

shall be construed to require—

(A) the use of any foundational artificial intelligence

model; or

(B) the implementation of the program developed under

paragraph (1) for the purpose of the integration of a

foundational artificial intelligence model into the missions

or operations of the Department of Defense.

(b) B

RIEFING

.—Not later than one year after the date of the

enactment of this Act, the Chief Digital and Artificial Intelligence

Officer shall provide to the congressional defense committees a

briefing on—

(1) the development and implementation of bug bounty

programs the Chief Digital and Artificial Intelligence Officer

considers relevant to the matters covered by this section; and

(2) long-term plans of the Chief Digital and Artificial Intel-

ligence Officer with respect to such bug bounty programs.

OUNDATIONAL

RTIFICIAL

NTELLIGENCE

ODEL

EFINED

.—

In this section, the term ‘‘foundational artificial intelligence model’’

means an adaptive generative model that is trained on a broad

set of unlabeled data sets that may be used for different tasks

with minimal fine-tuning.

SEC. 1543. PRIZE COMPETITION FOR TECHNOLOGY THAT DETECTS

AND WATERMARKS USE OF GENERATIVE ARTIFICIAL

INTELLIGENCE.

(a) E

STABLISHMENT

.—Not later than 270 days after the date

of the enactment of this Act, under the authority of section 4025

of title 10, United States Code, the Secretary of Defense shall

establish a prize competition designed to evaluate technology

Deadline.

Evaluation.

10 USC 4025

note.

Plans.

Deadlines.

10 USC 4001

note.

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137 STAT. 574 PUBLIC LAW 118–31—DEC. 22, 2023

(including applications, tools, and models) for generative artificial

intelligence detection and generative artificial intelligence

watermarking, for the purposes of—

(1) facilitating the research, development, testing, evalua-

tion, and competition of such technologies to support the Secre-

taries of the military departments and the commanders of

combatant commands in warfighting requirements; and

(2) transitioning such technologies, including technologies

developed pursuant to pilot programs, prototype projects, or

other research and development programs, from the prototyping

phase to production.

(b) P

ARTICIPATION

.—The participants in the prize competition

under subsection (a) may include federally funded research and

development centers, entities within the private sector, entities

within the defense industrial base, institutions of higher education,

Federal departments and agencies, and such other categories of

participants as the Secretary of Defense considers appropriate.

ESIGNATION

.—The prize competition under subsection (a)

shall be known as the ‘‘Generative AI Detection and Watermark

Competition’’.

(d) A

DMINISTRATION

.—The Under Secretary of Defense for

Research and Engineering shall administer the prize competition

under subsection (a).

(e) F

RAMEWORK

.—Not later than 120 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 framework

to be used in carrying out the prize competition under subsection

(a).

(f) A

NNUAL

RIEFINGS

.—Not later than October 1 of each year

until the date of termination under subsection (g), the Secretary

of Defense shall provide to the congressional defense committees

a briefing on the results of the prize competition under subsection

(a).

(g) T

ERMINATION

.—The authority to carry out the prize competi-

tion under subsection (a) shall terminate on December 31, 2025.

(h) D

EFINITIONS

.—In this section:

(1) The term ‘‘generative artificial intelligence detection’’

means, with respect to digital content, the positive identification

of the use of generative artificial intelligence in the generation

of such content.

(2) The term ‘‘generative artificial intelligence

watermarking’’ means, with respect to digital content, embed-

ding within such content data conveying attribution of the

generation of such content to generative artificial intelligence.

SEC. 1544. PLANS, STRATEGIES, AND OTHER MATTERS RELATING TO

ARTIFICIAL INTELLIGENCE.

(a) I

ENERAL

.—The Secretary of Defense, in consultation

with the Deputy Secretary of Defense, shall—

(1) establish and document procedures, including timelines,

for the periodic review of the 2018 Department of Defense

Artificial Intelligence Strategy, or any successor strategy, and

associated annexes of the military departments to assess the

implementation of such strategy and whether any revision is

necessary;

Procedures.

Timelines.

Review.

Assessment.

10 USC 4001

note.

Deadline.

Briefing.

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137 STAT. 575 PUBLIC LAW 118–31—DEC. 22, 2023

(2) issue Department of Defense-wide guidance that defines

outcomes of near-term and long-term strategies and plans

relating to—

(A) the adoption of artificial intelligence;

(B) the adoption and enforcement of policies on the

ethical use of artificial intelligence systems; and

intelligence algorithms;

(3) issue Department-wide guidance regarding methods to

monitor accountability for artificial intelligence-related activity,

including artificial intelligence performance indicators and

metrics;

(4) develop a strategic plan for the development, use, and

cybersecurity of generative artificial intelligence, including a

policy governing the use of, and the defense against adversarial

use of, generative artificial intelligence;

(5) assess technical workforce needs across the future years

defense plan to support the continued development of artificial

intelligence capabilities, including recruitment and retention

policies and programs;

(6) assess the availability and adequacy of the basic artifi-

cial intelligence training and education curricula, including

efforts developed or authorized pursuant to section 256 of the

National Defense Authorization Act for Fiscal Year 2020 (133

Stat. 1290; Public Law 116–92), available to the broader civilian

workforce of the Department and military personnel to promote

artificial intelligence literacy to the nontechnical workforce and

senior leadership with responsibilities adjacent to artificial

intelligence technical development;

(7) develop and issue a timeline and guidance for the

Chief Digital and Artificial Intelligence Officer of the Depart-

ment and the Secretaries of the military departments to estab-

lish a common lexicon for artificial intelligence-related activi-

ties;

(8) develop and implement a plan to protect and secure

the integrity, availability, and privacy of artificial intelligence

systems and models, including large language models, data

libraries, data repositories, and algorithms, in training, develop-

ment, and production environments;

(9) ensure the fulfilment of the statutory requirement to

establish data repositories under section 232 of the National

Defense Authorization Act for Fiscal Year 2022 (Public Law

117–81; 10 U.S.C. 4001 note), as amended by section 212 of

the National Defense Authorization Act for Fiscal Year 2023

(Public Law 117–263; 136 Stat. 2466);

(10) develop and implement a plan—

(A) to identify commercially available and relevant

large language models; and

(B) to make such models available, as appropriate,

on classified networks;

(11) develop a plan to defend the personnel, organizations,

and systems of the Department against adversarial artificial

intelligence, including an identification of organizations within

the Department capable of providing to cyber red teams of

the Department capabilities for operational and developmental

needs;

Data.

Timeline.

Guidance.

Assessment.

Policy.

Guidance.

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137 STAT. 576 PUBLIC LAW 118–31—DEC. 22, 2023

(12) develop and implement a policy for use by contracting

officials to protect the intellectual property of commercial enti-

ties that provide artificial intelligence algorithms to a data

repository specified in paragraph (9), including a policy for

how to address data rights in situations in which governmental

and commercial intellectual property may be mixed when such

artificial intelligence algorithms are deployed in an operational

environment;

(13) issue guidance and directives governing how the Chief

Digital and Artificial Intelligence Officer of the Department

shall exercise authority to access, control, and maintain, on

behalf of the Secretary, data collected, acquired, accessed, or

used by components of the Department consistent with section

1513 of the James M. Inhofe National Defense Authorization

Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4001

note); and

(14) clarify guidance on the instances for, and the role

of human intervention and oversight in, the exercise of artificial

intelligence algorithms for use in the generation of offensive

or lethal courses of action for tactical operations.

(b) E

THICAL AND

ESPONSIBLE

RTIFICIAL

NTELLIGENCE

.—

(1) P

ROCESS

.—The Secretary of Defense, acting through

the Chief Digital and Artificial Intelligence Officer, shall

develop and implement a process—

(A) to assess whether a given artificial intelligence

technology used by the Department of Defense is in compli-

ance with a test, evaluation, verification, and validation

framework that—

(i) operationalizes responsible artificial intelligence

principles; and

(ii) is validated and selected by the Chief Digital

and Artificial Intelligence Officer for purposes of this

subsection;

(B) to report and remediate any artificial intelligence

technology that is determined not to be in compliance with

the framework selected pursuant to subparagraph (A); and

nology have been unsuccessful, to discontinue the use of

the technology until effective remediation is achievable.

(2) A

DDITIONAL REQUIREMENTS

.—In developing and imple-

menting the process under paragraph (1), the Secretary of

Defense shall—

(A) develop clear criteria against which the compliance

of an artificial intelligence technology with the framework

selected pursuant to subparagraph (A) of such paragraph

may be assessed under such subparagraph, taking into

consideration—

(i) similar criteria previously developed by the Sec-

retary; and

(ii) the identification of potential vulnerabilities

in systems and infrastructure of the Armed Forces

that could be exploited by adversarial artificial intel-

ligence applications used by the People’s Republic of

China, the Russian Federation, or other foreign adver-

saries;

China.

Russia.

Criteria.

Reports.

Determination.

Compliance.

Assessment.

Compliance.

Guidance.

Directives.

Policy.

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137 STAT. 577 PUBLIC LAW 118–31—DEC. 22, 2023

(B) take steps to integrate such process across the

elements of the Department of Defense, including the

combatant commands; and

of the Armed Forces and civilian personnel of the Depart-

ment that are—

(i) responsible for developing and deploying artifi-

cial intelligence technologies;

(ii) end users of such technologies, including mem-

bers of the Army, Navy, Air Force, Marine Corps,

or Space Force who use such technologies in military

operations; or

(iii) otherwise determined relevant by the Sec-

retary.

EADLINE

; B

RIEFING

.—

(1) D

EADLINE

.—The Secretary shall complete the require-

ments under this section by not later than 120 days after

the date of enactment of this Act.

(2) B

RIEFING

.—Not later than 150 days after the date of

the enactment of this Act, the Secretary shall provide to the

congressional defense committees a briefing on the implementa-

tion of this section.

SEC. 1545. STUDY TO ANALYZE VULNERABILITY FOR ARTIFICIAL

INTELLIGENCE-ENABLED MILITARY APPLICATIONS.

(a) S

TUDY

.—Not later than one year after the date of the

enactment of this Act, the Secretary of Defense shall complete

a study to assess the functionality of artificial intelligence-enabled

military applications, research and development needs related to

such applications, and vulnerabilities to the privacy, security, and

accuracy of such applications.

(b) E

LEMENTS

.—The study under subsection (a) shall include

the following:

(1) An assessment of research and development efforts,

including transition pathways, needed to advance explainable

and interpretable artificial intelligence-enabled military

applications, including the capability to assess the architec-

tures, data models, and algorithms underlying such applica-

tions.

(2) An assessment of any potential risks to the privacy,

security, or accuracy of the architectures, data models, or algo-

rithms underlying artificial intelligence-enabled military

applications, including the following:

(A) Individual foundational artificial intelligence

models, including the adequacy of existing testing, training,

and auditing for such models to ensure such models may

be properly assessed over time.

(B) The interactions of multiple artificial intelligence-

enabled military applications and how such interactions

may affect the ability to detect and assess new, complex,

and emergent behavior among individual agents, as well

as the collective effect of such interactions on risks to

the privacy, security, and accuracy of such applications

over time.

ligence-enabled military applications and how such

increased agency may affect the ability to detect and assess

Assessments.

Deadline.

Assessment.

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137 STAT. 578 PUBLIC LAW 118–31—DEC. 22, 2023

new, complex, and emergent behavior, as well risks to

the privacy, security, and accuracy of such applications

over time.

(3) An assessment of the survivability and traceability of

decision support systems that are integrated with artificial

intelligence-enabled military applications and used in a con-

tested environment.

(4) An identification of existing artificial intelligence

metrics, developmental, testing and audit capabilities, per-

sonnel, and infrastructure of the Department of Defense,

including test and evaluation facilities of the Department,

needed to enable ongoing assessment under paragraphs (1)

through (3).

(5) An identification of any research gaps necessary to

be filled to sufficiently carry out the assessments and identifica-

tions required under paragraphs (1) through (3) that are not

currently, or not sufficiently, funded within the Department

of Defense.

NTERIM

RIEFING

.—Not later than 180 days after the date

of the enactment of this Act, the Chief Digital and Artificial Intel-

ligence Officer shall provide to the congressional defense committees

a briefing on the interim findings of the study under subsection

(a).

(d) F

INAL

EPORT

.—

(1) S

UBMISSION

.—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 final report

on the findings with respect to the study conducted pursuant

to subsection (a).

(2) F

ORM

.—The final report under paragraph (1) shall be

submitted in unclassified form, but may include a classified

annex.

(e) F

OUNDATIONAL

RTIFICIAL

NTELLIGENCE

ODEL

EFINED

.—In this section, the term ‘‘foundational artificial intel-

ligence model’’ means an adaptive generative model that is trained

on a broad set of unlabeled data sets that may be used for different

tasks with minimal fine-tuning.

Subtitle F—Reports and Other Matters

SEC. 1551. LIMITATION ON AVAILABILITY OF FUNDS FOR TRAVEL FOR

OFFICE OF UNDER SECRETARY OF DEFENSE FOR PER-

SONNEL AND READINESS PENDING STRATEGY RELATING

TO DEFENSE TRAVEL SYSTEM.

(a) S

TRATEGY

.—The Under Secretary of Defense for Personnel

and Readiness shall develop a strategy to modernize or replace

the end-to-end travel management system of the Department of

Defense known as the ‘‘Defense Travel System’’ (in this section,

referred to as the ‘‘Defense Travel System’’).

(b) E

LEMENTS

.—The strategy under subsection (a) shall include

the following:

(1) A business case analysis that evaluates options for

modernizing or replacing the Defense Travel System,

including—

Analysis.

Evaluation.

Deadline.

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137 STAT. 579 PUBLIC LAW 118–31—DEC. 22, 2023

(A) an assessment of the upgradability of the code

base for the Defense Travel System before such code base

reaches a point of unsustainability;

(B) an assessment of commercially available tools that

may be used to upgrade the capabilities of the Defense

Travel System;

Defense Travel System, with a particular focus on any

such dependencies with respect to connections with finan-

cial management systems;

(D) an identification of system weaknesses of the

Defense Travel System affecting audit readiness;

(E) projections of usage rates of the Defense Travel

System necessary to maintain workload and reimburse-

ment rate viability; and

(F) estimated costs for any activity associated with

the strategy.

(2) A plan for the implementation of the strategy, including

timelines for achieving such implementation.

(3) An identification of risks to such implementation,

including potential delays to such timelines.

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2024 for

travel for the Office of the Under Secretary of Defense for Personnel

and Readiness, not more than 93 percent may be obligated or

expended until the Chief Information Officer of the Department

of Defense independently certifies to the Committees on Armed

Services of the House of Representatives and the Senate that the

strategy under subsection (a) meets the validated requirements

of the Department of Defense.

SEC. 1552. MANAGEMENT BY DEPARTMENT OF DEFENSE OF MOBILE

APPLICATIONS.

(a) I

MPLEMENTATION OF

ECOMMENDATIONS

.—

(1) I

N GENERAL

.—The Secretary of Defense shall evaluate

and implement to the maximum extent practicable the rec-

ommendations of the Inspector General of the Department of

Defense with respect to managing mobile applications contained

in the report set forth by the Inspector General dated February

9, 2023, and titled ‘‘Management Advisory: The DoD’s Use

of Mobile Applications’’ (Report No. DODIG–2023–041).

(2) D

EADLINE

.—The Secretary shall implement each of the

recommendations specified in subsection (a) by not later than

one year after the date of the enactment of this Act unless

the Secretary submits to the congressional defense committees

a written notification of any specific recommendation that the

Secretary declines to implement or plans to implement after

the date that is one year after the date of the enactment

of this Act.

(b) B

RIEFING ON

EQUIREMENTS

ELATED TO

OVERED

PPLICA

TIONS

.—

(1) I

N GENERAL

.—Not later than 120 days after the date

of the enactment of this Act, the Secretary shall provide to

the congressional defense committees a briefing on actions

taken by the Secretary to enforce compliance with existing

policy of the Department of Defense that prohibits—

Deadline.

Notification.

Evaluation.

10 USC 2224

note.

Certification.

Plan.

Timelines.

Cost estimate.

Assessment.

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137 STAT. 580 PUBLIC LAW 118–31—DEC. 22, 2023

(A) the installation and use of covered applications

on Federal Government devices; and

(B) the use of covered applications on the Department

of Defense Information Network on personal devices.

(2) C

OVERED APPLICATIONS DEFINED

.—In this subsection,

the term ‘‘covered applications’’ means the social networking

service TikTok, or any successor application or service devel-

oped or provided by ByteDance Limited or an entity owned

by ByteDance Limited.

SEC. 1553. REPORT ON DEPARTMENT OF DEFENSE ENTERPRISE

CAPABILITIES FOR CYBERSECURITY.

(a) R

EPORT

.—

(1) R

EPORT

.—Not later than 180 days after the date of

the enactment of this Act, the Chief Information Officer of

the Department of Defense shall submit to the congressional

defense committees a report on any actions or determinations

by the Department pertaining to the requirements under sec-

tion 1511 of the National Defense Authorization Act for Fiscal

Year 2022 (Public Law 117–81; 135 Stat. 2037) taken or made

for the purpose of using cybersecurity capabilities to protect

assets and networks across the Department.

(2) E

LEMENTS

.—The report under paragraph (1) shall

include the following:

(A) A description of the risks and benefits associated

with the actions and determinations specified in paragraph

(1).

(B) A description of future plans of the Department

for the acquisition of integrated and interoperable cyberse-

curity tools and applications through a competitive process

that would allow multiple vendors to compete separately

and as teams.

Director of Cost Assessment and Program Evaluation of

the Department of the costs and effectiveness of the cyber-

security capabilities described in paragraph (1).

(D) The results of any analyses conducted by the

Director of Operational Test and Evaluation, or the head

of any other element of the Department, to test the

effectiveness of the cybersecurity capabilities described in

paragraph (1) compared to other commercially available

products and vendors.

(b) B

RIEFING

.—Not later than 60 days after the date of the

enactment of this Act, the Chief Information Officer of the Depart-

ment shall provide to the congressional defense committees a

briefing on the plans of the Department to ensure competition

and interoperability in the security and identity and access manage-

ment product market segments.

SEC. 1554. REPORT ON TECHNOLOGY MODERNIZATION FOR ARMY

HUMAN RESOURCES COMMAND 2030 TRANSFORMATION

PLAN.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of the Army shall submit

to the congressional defense committees a report on the plan of

the Army known as the ‘‘Human Resources Command 2030 Trans-

formation Plan’’ that includes—

Plans.

Analyses.

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137 STAT. 581 PUBLIC LAW 118–31—DEC. 22, 2023

(1) an estimated timeline for the completion of the

implementation milestones set forth in such plan; and

(2) an identification of future resource needs relating to

the modernization of legacy information technology systems.

(b) L

EGACY

NFORMATION

ECHNOLOGY

YSTEM

EFINED

.—In

this section, the term ‘‘legacy information technology system’’ has

the meaning given such term in section 1076 of the National

Defense Authorization Act for Fiscal Year 2018 (Public Law 115–

91; 40 U.S.C. 11301 note).

SEC. 1555. CERTIFICATION REQUIREMENT REGARDING CONTRACTING

FOR MILITARY RECRUITING.

(a) C

ERTIFICATION

EQUIREMENT

.—Prior to the Secretary of

Defense entering into any contract or other agreement (or extending,

renewing, or otherwise modifying an existing contract or other

agreement) with an entity for the purpose of that entity placing

military recruitment advertisements on behalf of the Department

of Defense, the Secretary shall require, as a condition of such

contract or agreement, that the entity certify to the Secretary

that the entity does not place advertisements in news sources

based on personal or institutional political preferences or biases,

or determinations of misinformation.

(b) N

OTIFICATION

EQUIREMENT

.—

(1) I

N GENERAL

.—The Secretary of Defense, in coordination

with the Secretaries of the military departments, shall submit

a notification to the congressional defense committees and

congressional leadership each time the Department of Defense

enters into a contract related to the placement of recruitment

advertising with an entity specified in paragraph (2) and if

such entities are used how they are used.

(2) E

NTITIES SPECIFIED

.—The entities specified in this para-

graph are—

(A) NewsGuard Technologies Inc.;

(B) the Global Disinformation Index, incorporated in

the United Kingdom as ‘‘Disinformation Index LTD’’; and

UNSET

.—The requirement under this section shall termi-

nate on the date that is one year after the date of the enactment

of this Act.

TITLE XVI—SPACE ACTIVITIES, STRA-

TEGIC PROGRAMS, AND INTEL-

LIGENCE 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.

Disinformation

Index LTD.

NewsGuard

Technologies Inc.

10 USC 503 note.

Timeline.

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137 STAT. 582 PUBLIC LAW 118–31—DEC. 22, 2023

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.

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.

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137 STAT. 583 PUBLIC LAW 118–31—DEC. 22, 2023

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.

Subtitle A—Space Activities

SEC. 1601. DELEGATION OF CERTAIN AUTHORITY OF EXPLOSIVE

SAFETY BOARD.

(a) D

ELEGATION OF

ESPONSIBILITIES

.—Section 172 of title 10,

United States Code, is amended—

(1) in subsection (c), by striking ‘‘The chair’’ and inserting

‘‘Except as provided in subsection (h), the chair’’; and

(2) by adding at the end the following new subsection:

‘‘(h) E

XPLOSIVES

SED BY

PACE

AUNCH

EHICLES

.—(1) The

Secretary of Defense shall delegate to the Secretary of the Air

Force, who may further delegate to the Commanders of the Space

Launch Deltas, the responsibilities under subsection (c) with respect

to explosives used by space launch vehicles.

‘‘(2) In this subsection, the term ‘launch vehicle’ has the

meaning given such term in section 50902(11) of title 51.’’.

(b) I

MPROVED

ROCESS FOR

IELD

ETERMINATION

.—Not later

than one year after the date of the enactment of this Act, the

Secretary of Defense, the Secretary of Transportation, and the

Administrator of the National Aeronautics and Space Administra-

tion shall jointly establish a process through which scientifically-

valid yield determinations can be assessed for space launch vehicles

while in flight.

EPORT

.—Not later than 90 days after the completion of

the LOX-Methane Assessment working group process, the Secretary

of Defense, the Secretary of Transportation, and the Administrator

of the National Aeronautics and Space Administration shall submit

to the appropriate congressional committees a report that includes

a description of the effects of the LOX-Methane Assessment on

existing and future maximum credible event analyses and any

resulting effects on commercial space launch, civil space activities,

and national security.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’ means

the following:

(A) The congressional defense committees.

(B) The Committee on Commerce, Science, and

Transportation of the Senate.

of the House of Representatives.

(D) The Committee on Transportation and Infrastruc-

ture of the House of Representatives.

(2) The term ‘‘LOX-Methane Assessment working group’’

means the ongoing interagency working group studying the

explosive characteristics of liquid oxygen and methane and

Deadline.

Assessments.

51 USC 20301

note.

Definition.

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137 STAT. 584 PUBLIC LAW 118–31—DEC. 22, 2023

comprised of representatives from the Department of Defense,

the Department of Transportation, and the National Aero-

nautics and Space Administration.

(3) The term ‘‘launch vehicle’’ has the meaning given such

term in section 50902(11) of title 51, United States Code.

SEC. 1602. CLASSIFICATION REVIEW OF SPACE MAJOR DEFENSE

ACQUISITION PROGRAMS.

Chapter 135 of title 10, United States Code, is amended by

inserting after section 2275a the following new section:

‘‘§ 2275b. Requirements for appropriate classification guid-

ance.

‘‘(a) I

ENERAL

.—Before a space major defense acquisition

program achieves Milestone B approval, or equivalent, the milestone

decision authority shall determine whether the classification guid-

ance for the program remains appropriate and—

‘‘(1) if such guidance is determined to be appropriate,

submit to the congressional defense committees a certification

of such determination; or

‘‘(2) if such guidance is determined to be inappropriate,

initiate an update to such guidance.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘Milestone B approval’ has the meaning given

such term in section 4172(e)(7) of this title.

‘‘(2) The term ‘major defense acquisition program’ has the

meaning given such term in section 4201 of this title.

‘‘(3) The term ‘space major defense acquisition program’

means a major defense acquisition program for the acquisition

of a satellite, ground system, or command and control system.’’.

SEC. 1603. ENHANCED AUTHORITY TO INCREASE SPACE LAUNCH

CAPACITY THROUGH SPACE LAUNCH SUPPORT SERVICES.

Chapter 135 of title 10, United States Code, is amended by

inserting after section 2276 the following new section:

‘‘§ 2276a. Special authority for provision of space launch sup-

port services to increase space launch capacity

‘‘(a) I

ENERAL

.—The Secretary of a military department may

support Federal and commercial space launch capacity on any

domestic real property under the control of the Secretary through

the provision of space launch support services.

‘‘(b) P

ROVISION OF

AUNCH

QUIPMENT AND

ERVICES TO

OMMERCIAL

NTITIES

.—

‘‘(1) C

ONTRACT OR OTHER TRANSACTION AUTHORITY

.—The

Secretary of a military department may enter into a contract

or other transaction with one or more commercial entities that

intend to conduct space launch activities on a military installa-

tion under the jurisdiction of the Secretary. Under such a

contract or agreement, the Secretary may agree to provide

to the commercial entity supplies, services, equipment, and

construction needed for commercial space launch.

‘‘(2) C

OSTS

.—

‘‘(A) D

IRECT COSTS

.—If the Secretary of a military

department enters into a contract or other transaction with

a commercial entity under paragraph (1), such contract

or transaction shall include a provision that requires the

commercial entity to reimburse the Department of Defense

Reimbursement.

10 USC 2276a.

10 USC

prec. 2271.

Updates.

Certification.

Determinations.

10 USC 2275b.

10 USC

prec. 2771.

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137 STAT. 585 PUBLIC LAW 118–31—DEC. 22, 2023

for all direct costs to the United States that are associated

with any good, service, or equipment provided to the

commercial entity under the contract or other transaction.

‘‘(B) I

NDIRECT COSTS

.—If the Secretary of a military

department enters into a contract or other transaction with

a commercial entity under paragraph (1), such contract

or transaction may include a provision that requires the

commercial entity to reimburse the Department of Defense

for such indirect costs as the Secretary considers to be

appropriate. In such a case, such contract or other trans-

action may provide for the reimbursement of such indirect

costs through the establishment of a rate, fixed price, or

similar mechanism the Secretary concerned determines is

reasonable.

‘‘(3) R

ETENTION OF FUNDS COLLECTED FROM COMMERCIAL

USERS

.—Any amount collected from a commercial entity as

a reimbursement under paragraph (2) shall be credited to the

appropriations account from which the cost for which such

reimbursement is provided was derived.

‘‘(4) R

EGULATIONS

.—The Secretary of each of the military

departments shall prescribe regulations to carry out this sub-

section.

‘‘(c) D

EFINITIONS

.—In this section:

‘‘(1) S

PACE LAUNCH

.—The term ‘space launch’ includes all

activities, supplies, equipment, facilities, or services supporting

launch preparation, launch, reentry, recovery, and other launch-

related activities for both the payload and the space transpor-

tation vehicle.

‘‘(2) C

OMMERCIAL ENTITY

.—The term ‘commercial entity’

or ‘commercial’ means a non-Federal entity organized under

the laws of the United States or of any jurisdiction within

the United States.

‘‘(d) T

RANSITION

IMITATIONS AND

EPORTING

EQUIREMENTS

.—

For each of fiscal years 2024, 2025, and 2026, the Secretary of

a military department shall—

‘‘(1) with respect to any contract or other transaction

authority entered into pursuant to subsection (b), limit the

amount of the indirect costs that are reimbursable under para-

graph (2)(B) of such subsection to not more than 30 percent,

not to exceed $5,000,000 annually (based on fiscal year 2024

constant dollars), of the total amount of the direct costs

reimbursable under paragraph (2)(A) of such subsection; and

‘‘(2) not later than 90 days after the last day of each

such fiscal year, provide for each of the congressional defense

committees a briefing that includes—

‘‘(A) an identification of the total amounts of direct

and indirect costs reimbursed to each spaceport for the

fiscal year covered by the report;

‘‘(B) a description of the support provided by

reimbursed indirect costs for the fiscal year covered by

the report; and

‘‘(C) an identification of the rate, fixed price, or similar

mechanism, if any, used to calculate the amount of the

indirect costs that are reimbursable for the fiscal year

following the fiscal year covered by the report.’’.

Deadline.

Briefing.

Costs.

Reimbursement.

Time periods.

Determination.

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137 STAT. 586 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1604. PRINCIPAL MILITARY DEPUTY FOR SPACE ACQUISITION

AND INTEGRATION.

Section 9016(b)(6) of title 10, United States Code, is amended

by adding at the end the following new subparagraph:

‘‘(C) The Assistant Secretary of the Air Force for Space

Acquisition and Integration shall have a Principal Military

Deputy for Space Acquisition and Integration, who shall be

an officer of the Space Force on active duty. The Principal

Military Deputy for Space Acquisition and Integration shall

be appointed from among officers who have significant experi-

ence in the areas of acquisition and program management.

The position of Principal Military Deputy for Space Acquisition

and Integration shall be designated as a critical acquisition

position under section 1731 of this title. In the event of a

vacancy in the position of Assistant Secretary of the Air Force

for Space Acquisition and Integration, the Principal Military

Deputy for Space Acquisition and Integration may serve as

Acting Assistant Secretary for Space Acquisition and Integra-

tion for a period of not more than one year.’’.

SEC. 1605. MODIFICATION TO UPDATES OF SPACE POLICY REVIEW.

Paragraph (2) of section 1611(c) of the National Defense

Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135

Stat. 2082) is amended to read as follows:

‘‘(2) U

PDATES

.—The Secretary shall provide for updates

to the assessments, analyses, and evaluations carried out pursu-

ant to such review. The Secretary shall submit to the appro-

priate congressional committees a report on any such updates

concurrently with the National Defense Strategy required to

be submitted to Congress under section 113(g) of title 10, United

States Code.’’.

SEC. 1606. AUTHORIZATION FOR ESTABLISHMENT OF THE NATIONAL

SPACE INTELLIGENCE CENTER AS A FIELD OPERATING

AGENCY.

(a) A

UTHORIZATION

.—The Secretary of the Air Force may estab-

lish the National Space Intelligence Center as a field operating

agency of the Space Force to analyze and produce scientific and

technical intelligence on space-based and counterspace threats from

foreign adversaries.

(b) C

OLOCATION

.—If the Secretary of the Air Force decides

to establish the National Space Intelligence Center as a field oper-

ating agency, the Secretary shall consider the operational and geo-

graphical benefits provided by colocating with the National Air

and Space Intelligence Center.

SEC. 1607. INITIAL OPERATIONAL CAPABILITY FOR ADVANCED

TRACKING AND LAUNCH ANALYSIS SYSTEM AND

REQUIREMENTS FOR SYSTEM-LEVEL REVIEW.

(a) A

DVANCED

RACKING AND

AUNCH

NALYSIS

YSTEM

.—

(1) D

ATE FOR INITIAL OPERATIONAL CAPABILITY

.—Not later

than 90 days after the date of the enactment of this Act,

the Secretary of the Air Force shall—

(A) designate a date on which the Advanced Tracking

and Launch Analysis System (commonly referred to as

‘‘ATLAS’’) is expected to achieve initial operational capa-

bility; and

Designation.

Deadlines.

10 USC 9081

note.

Reports.

10 USC 2271

note.

Time period.

Appointment.

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137 STAT. 587 PUBLIC LAW 118–31—DEC. 22, 2023

(B) notify the congressional defense committees of such

date.

(2) E

FFECT OF FAILURE TO TIMELY DELIVER

.—If the initial

operational capability for the Advanced Tracking and Launch

Analysis System is not achieved by the date designated under

paragraph (1)(A), the Secretary shall—

(A) terminate the Advanced Tracking and Launch

Analysis System program;

(B) designate an alternative program option that pro-

vides a comparable capability to the capability intended

to be provided by the Advanced Tracking and Launch Anal-

ysis System; and

congressional defense committees with respect to—

(i) such termination;

(ii) the designated alternative program option;

(iii) the justification for selecting such option; and

(iv) the estimated time and total costs to comple-

tion of such option.

(b) S

YSTEM

LEVEL

EVIEW

.—

(1) I

N GENERAL

.—The Secretary of the Air Force shall

seek to enter into a contract with a federally funded research

and development center under which the center shall, not less

frequently than every 2 years during the period from 2024

through 2032, conduct a review of the space command and

control software acquisition program to assess the ability of

such program to build a software framework that integrates

multiple aspects of space operations to enable the warfighter

to command and control space assets in a time of conflict.

(2) E

LEMENTS

.—Each review under paragraph (1) shall—

(A) evaluate whether and to what extent the software

framework described in such paragraph integrates—

(i) sensor data applicable to the command and

control of space assets;

(ii) information contained in the Unified Data

Library relating to the number and location of space

objects; and

(iii) the ability to control space assets based on

such data and information; and

(B) address such other matters as the Secretary of

the Air Force considers necessary.

(3) B

RIEFING

.—Not later than 30 days after the conclusion

of each review under paragraph (1), the Secretary of the Air

Force shall provide to the congressional defense committees

a briefing on the findings of the review, including—

(A) an assessment of any deficiency identified in the

review; and

(B) a plan to address such deficiency in a timely

manner.

SEC. 1608. USE OF MIDDLE TIER ACQUISITION PROGRAM FOR PRO-

LIFERATED WARFIGHTER SPACE ARCHITECTURE OF THE

SPACE DEVELOPMENT AGENCY.

(a) I

ENERAL

.—The Director of the Space Development

Agency shall use a middle tier acquisition program for the rapid

fielding of satellites and associated systems for each of the following

Deadlines.

10 USC 2271

note.

Plan.

Assessment.

Evaluation.

Contracts.

Time periods.

Assessment.

Notification.

Designation.

Termination.

Notification.

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137 STAT. 588 PUBLIC LAW 118–31—DEC. 22, 2023

tranches of the of the proliferated warfighter space architecture

of the Agency:

(1) Tranch 1.

(2) Tranch 2.

(3) Tranch 3.

(b) R

APID

ROTOTYPING AND

IELDING

.—Any tranche of sat-

ellites or associated systems developed and fielded under subsection

(a) shall have a level of maturity that allows such satellites or

systems to be rapidly prototyped within an acquisition program

or rapidly fielded within five years of the development of an

approved requirement for such satellites or systems.

ESIGNATION AS

AJOR

APABILITY

CQUISITION

.—

(1) I

N GENERAL

.—The Under Secretary of Defense for

Acquisition and Sustainment may designate a tranche described

in subsection (a) as a major capability acquisition program

consistent with Department of Defense Instruction 5000.85,

titled ‘‘Major Capability Acquisition’’ and issued on August

6, 2020 (or a successor instruction).

(2) N

OTICE TO CONGRESS

.—Not later than 90 days before

the date on which a designation under paragraph (1) is made,

the Under Secretary of Defense for Acquisition and

Sustainment shall notify the congressional defense committees

of the intent of the Under Secretary to make such designation

and include with such notice a justification for such designation.

(d) S

PACE

CQUISITION

OUNCIL

EVIEW AND

AIVER

.—

(1) R

EVIEW

.—In accordance with section 9021 of title 10,

United States Code, the Space Acquisition Council shall review

each tranch described subsection (a) to ensure integration

across the national security space enterprise.

(2) W

AIVER

.—The Space Acquisition Council may waive

the requirements of subsection (a) with respect to a tranch

or portion of a tranch described in such subsection if the

Council—

(A) on the basis of the review conducted under para-

graph (1), determines that the use of a middle tier acquisi-

tion program is not warranted for such tranch or portion

thereof; and

(B) not later than 14 days after making such deter-

mination, submits to the congressional defense committees

notice of the intent of the Council to issue such a waiver.

(e) M

IDDLE

IER

CQUISITION

ROGRAM

EFINED

.—In this sec-

tion, the term ‘‘middle tier acquisition program’’ means an acquisi-

tion program or project that is 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.) in a manner consistent

with Department of Defense Instruction 5000.80, titled ‘‘Operation

of the Middle Tier of Acquisition (MTA)’’ and issued on December

30, 2019 (or a successor instruction).

SEC. 1609. PROCESS AND PLAN FOR SPACE FORCE SPACE SITUA-

TIONAL AWARENESS.

(a) I

ENERAL

.—The Assistant Secretary of the Air Force

for Space Acquisition and Integration, in consultation with Chief

of Space Operations, shall—

(1) establish a process to regularly identify and evaluate

commercial space situational awareness capabilities, including

Evaluation.

10 USC 2274

note.

Notice.

Determination.

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137 STAT. 589 PUBLIC LAW 118–31—DEC. 22, 2023

the extent to which commercial space situational awareness

data could meet needs of the Space Force with respect to

maintaining situational awareness in space; and

(2) develop and implement a plan to integrate the unified

data library into the operational systems of the Space Force,

including operational systems for space situational awareness

and space command and control missions.

(b) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Assistant Secretary of the Air Force

for Space Acquisition and Integration shall submit to the congres-

sional defense committees a report that includes a description of

the process and plan developed under subsection (a).

SEC. 1610. PLAN TO IMPROVE THREAT-SHARING ARRANGEMENTS WITH

COMMERCIAL SPACE OPERATORS.

(a) P

LAN FOR

HREAT

HARING

ITH

OMMERCIAL

PACE

PERATORS

.—The Assistant Secretary of the Air Force for Space

Acquisition and Integration, in consultation with the Commander

of the United States Space Command, shall develop and implement

a plan to expand threat-sharing arrangements with commercial

space operators that are under contract with the Department of

Defense as of the date of the enactment of this Act.

(b) R

EPORT

.—Not later than 180 days after the date of the

enactment of this Act, the Assistant Secretary of the Air Force

for Space Acquisition and Integration, in coordination with the

Commander of the United States Space Command, shall submit

to the congressional defense committees a report on the plan

required under subsection (a).

SEC. 1611. PLAN FOR AN INTEGRATED AND RESILIENT SATELLITE

COMMUNICATIONS ARCHITECTURE FOR THE SPACE

FORCE.

(a) I

ENERAL

.—The Secretary of the Air Force, in coordina-

tion with the Assistant Secretary of the Air Force for Space Acquisi-

tion and Integration and the Chief of Space Operations, shall—

(1) as part of the force design process for the Space Force,

consider options for the integration of resilient military tactical

satellite communications capabilities;

(2) develop a plan for the integration of such capabilities

into the Space Force, as required under subsection (b); and

(3) ensure that a geostationary small satellite communica-

tions constellation is evaluated for inclusion as a component

of the space data transport force design of the Space Force

through, at a minimum, the end of fiscal year 2027.

(b) P

LAN FOR

NTEGRATION

.—

(1) I

N GENERAL

.—The Secretary of the Air Force, in

coordination with the Assistant Secretary of the Air Force

for Space Acquisition and Integration and the Chief of Space

Operations, shall develop a plan for an integrated and resilient

satellite communications architecture for the Space Force.

(2) E

LEMENTS

.—The plan under paragraph (1) shall

include, at a minimum, options for—

(A) leveraging commercially available geostationary

small satellite communications technology developed and

produced in the United States;

(B) ensuring sufficient funding for such an integration;

ellite communications constellations throughout the

Evaluation.

10 USC 2276

note.

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137 STAT. 590 PUBLIC LAW 118–31—DEC. 22, 2023

acquisition and deployment period, including support for

global X-band coverage and support for secure communica-

tions waveforms using on-board digital processing; and

(D) potential integration of such geostationary small

satellite communications capability into the enterprise sat-

ellite communications management and control (commonly

known as ‘‘ESC–MC’’) implementation plan of the Depart-

ment of Defense.

(3) B

RIEFING

.—Not later than the date specified in para-

graph (4), than the Secretary of the Air Force shall provide

to the congressional defense committees a briefing on the plan

developed under paragraph (1).

(4) D

ATE SPECIFIED

.—The date specified in this subsection

is the earlier of—

(A) July 1, 2024; or

(B) the date on which the Secretary of the Air Force

completes the space data transport force design for the

Space Force.

Subtitle B—Defense Intelligence and

Intelligence-Related Activities

SEC. 1621. MILITARY INTELLIGENCE COLLECTION AND ANALYSIS

PARTNERSHIPS.

(a) U

SE OF

UNDS

THER

HAN

PPROPRIATED

UNDS

.—

(1) I

N GENERAL

.—Subject to paragraph (2), the Director

of the Defense Intelligence Agency, in coordination with the

Director of National Intelligence, may accept and expend funds

from one or more foreign partners for the foreign partner (or

partners, as the case may be) to share with the Defense Intel-

ligence Agency the expenses of joint and combined military

intelligence collection and analysis activities.

(2) L

IMITATIONS

.—

(A) P

REVIOUSLY DENIED FUNDS

.—Funds accepted under

this section may not be expended, in whole or in part,

by or for the benefit of the Defense Intelligence Agency

for any purpose for which Congress has previously denied

funds.

(B) J

OINT BENEFIT

.—The authority under paragraph

(1) may not be used to acquire items or services for the

sole benefit of the United States.

(b) A

NNUAL

EPORT

.—Not later than March 1, 2025, and

annually thereafter for four years, the Director of the Defense

Intelligence Agency shall submit to the appropriate congressional

committees a report on any funds accepted or expended under

this section during the preceding calendar year, including an identi-

fication of the foreign partner or partners involved and a description

of the purpose of such funds.

ERMINATION

.—The authority to accept and expend funds

from a foreign partner pursuant to this section shall terminate

on December 31, 2028.

(d) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’

means—

Time period.

10 USC note

prec. 421.

Deadline.

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137 STAT. 591 PUBLIC LAW 118–31—DEC. 22, 2023

(1) the Committee on Armed Services, the Committee on

Appropriations, and the Select Committee on Intelligence of

the Senate; and

(2) the Committee on Armed Services, the Committee on

Appropriations, and the Permanent Select Committee on Intel-

ligence of the House of Representatives.

Subtitle C—Nuclear Forces

SEC. 1631. ESTABLISHMENT OF MAJOR FORCE PROGRAM FOR

NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS

PROGRAMS.

Chapter 9 of title 10, United States Code, is amended by

adding at the end the following new section:

‘‘§ 239e. Nuclear command, control, and communications:

major force program and budget assessment

‘‘(a) E

STABLISHMENT OF

AJOR

ORCE

ROGRAM

.—The Sec-

retary of Defense shall establish a unified major force program

for nuclear command, control, and communications programs pursu-

ant to section 222(b) of this title to prioritize such programs in

accordance with the requirements of the Department of Defense

and national security.

‘‘(b) B

UDGET

SSESSMENT

.—(1) The Secretary shall include with

the defense budget materials for each of fiscal years 2025 through

2030 a report on the budget for nuclear command, control, and

communications programs of the Department of Defense.

‘‘(2) Each report on the budget for nuclear command, control,

and communications programs of the Department under paragraph

(1) shall include the following:

‘‘(A) An overview of the budget, including—

‘‘(i) a comparison between that budget, the previous

budget, the most recent and prior future-years defense

program submitted to Congress under section 221 of this

title (such comparison shall exclude the responsibility for

research and development of the continuing improvement

of such nuclear command, control, and communications

program), and the amounts appropriated for such nuclear

command, control, and communications programs during

the previous fiscal year; and

‘‘(ii) the specific identification, as a budgetary line item,

for the funding under such programs.

‘‘(B) An assessment of the budget, including significant

changes, priorities, challenges, and risks.

‘‘(C) Any additional matters the Secretary determines

appropriate.

‘‘(3) Each report under paragraph (1) shall be submitted in

unclassified form, but may include a classified annex.

‘‘(c) D

EFINITIONS

.—In this section:

‘‘(1) The term ‘budget’, with respect to a fiscal year, means

the budget for that fiscal year that is submitted to Congress

by the President under section 1105(a) of title 31.

‘‘(2) The term ‘defense budget materials’, with respect to

a fiscal year, means the materials submitted to Congress by

the Secretary of Defense in support of the budget for that

fiscal year.

Assessment.

Time period.

Reports.

10 USC 239e.

10 USC

prec. 221.

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137 STAT. 592 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(3) The term ‘nuclear command, control, and communica-

tions programs’ means programs through which presidential

authority and operational command and control of nuclear

weapons is conducted, including programs that facilitate senior-

level decisions on nuclear weapons employment.’’.

SEC. 1632. TECHNICAL AMENDMENT TO ADDITIONAL REPORT MAT-

TERS ON STRATEGIC DELIVERY SYSTEMS.

Section 495(b) of title 10, United States Code, is amended

in the matter preceding paragraph (1)—

(1) by striking ‘‘before fiscal year 2020’’ and inserting ‘‘prior

to the expiration of the Treaty between the United States

of America and the Russian Federation on Measures for the

Further Reduction and Limitation of Strategic Offensive Arms,

signed on April 8, 2010, and entered into force on February

5, 2011 (commonly referred to as the ‘New START Treaty’),’’;

and

(2) by striking ‘‘1043 of the National Defense Authorization

Act for Fiscal Year 2012’’ and inserting ‘‘492(a) of this title’’.

SEC. 1633. AMENDMENT TO ANNUAL REPORT ON THE PLAN FOR THE

NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS

COMPLEX, NUCLEAR WEAPONS DELIVERY SYSTEMS, AND

NUCLEAR WEAPONS COMMAND AND CONTROL SYSTEMS.

Section 492a of title 10, United States Code, is amended by

adding at the end the following new subsection:

‘‘(d) I

NDEPENDENT

SSESSMENT BY

NITED

TATES

TRATEGIC

OMMAND

.—

‘‘(1) I

N GENERAL

.—Not later than 150 days after the submis-

sion to Congress of the budget of the President under section

1105(a) of title 31, for each fiscal year the Commander of

United States Strategic Command shall complete an inde-

pendent assessment of any operational effects of the sufficiency

of the execution, as of the date of the assessment, of the

acquisition, construction, and recapitalization programs of the

Department of Defense and the National Nuclear Security

Administration to modernize the nuclear forces of the United

States and meet current and future deterrence requirements.

‘‘(2) C

ONTENTS

.—Each assessment required under para-

graph (1) shall include an evaluation of the ongoing execution

of modernization programs associated with—

‘‘(A) the nuclear weapons design, production, and

sustainment infrastructure;

‘‘(B) the nuclear weapons stockpile;

‘‘(C) the delivery systems for nuclear weapons; and

‘‘(D) the nuclear command, control, and communica-

tions system.

‘‘(3) R

OUTING AND SUBMISSION

.—

‘‘(A) S

UBMISSION TO NUCLEAR WEAPONS COUNCIL

.—Not

later than 15 days after completion of an assessment

required by paragraph (1), the Commander of United States

Strategic Command shall—

‘‘(i) submit the assessment to the Chairman of

the Nuclear Weapons Council; and

‘‘(ii) notify the congressional defense committees

that the assessment has been submitted to the Chair-

man of the Nuclear Weapons Council.

Notification.

Evaluation.

Deadlines.

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137 STAT. 593 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) S

UBMISSION TO CONGRESS

.—Not later than 15 days

after the Chairman of the Nuclear Weapons Council

receives an assessment required by paragraph (1), the

Chairman shall transmit the assessment, without change,

to the congressional defense committees.’’.

SEC. 1634. MATTERS RELATING TO THE ACQUISITION AND DEPLOY-

MENT OF THE SENTINEL INTERCONTINENTAL BALLISTIC

MISSILE WEAPON SYSTEM.

(a) M

ODIFICATIONS TO THE

NTERCONTINENTAL

ALLISTIC

SILE

ITE

CTIVATION

ASK

ORCE

.—Section 1638 of the James

M. Inhofe National Defense Authorization Act for Fiscal Year 2023

(Public Law 117–263) is amended—

(1) in subsection (b)(1), by inserting ‘‘, who shall report

directly to the Commander of Air Force Global Strike Com-

mand’’ after ‘‘Modernization’’; and

(2) by striking subsection (d)(1) and inserting the following:

‘‘(1) W

EAPON SYSTEM

.—For purposes of nomenclature and

acquisition life cycle activities ranging from development

through sustainment and demilitarization, each wing level

configuration of the LGM–35A Sentinel intercontinental bal-

listic missile shall be a weapon system.’’.

(b) A

SSESSMENT FOR

EEDED OR

ODIFIED

CQUISITION

UTHORITIES

.—

(1) A

SSESSMENT REQUIRED

.—The Secretary of the Air Force

shall conduct an assessment of the Sentinel weapon system

program to determine if any existing, modified, or new acquisi-

tion authorities could be used in future years to—

(A) ensure the program meets current timelines; or

(B) ensure the defense industrial base can adequately

plan for and deliver components, subsystems, and systems

in accordance with the integrated master schedule.

(2) M

ULTI

YEAR PROCUREMENT AUTHORITY

.—In conducting

the assessment required under paragraph (1), the Secretary

shall evaluate the potential need for multi-year procurement

authority.

(3) R

EPORT

.—Not later than 120 days after the date of

the enactment of this Act, the Secretary of the Air Force shall

submit to the congressional defense committees a report on

the findings of the assessment required under paragraph (1).

The report shall include—

(A) an identification of all authorities covered by the

assessment;

(B) a determination of the effect of each such authority

on the successful delivery of initial- and full-operational

capability to the Sentinel weapon system program; and

of the year during which the authority should be granted.

SEC. 1635. TASKING AND OVERSIGHT AUTHORITY WITH RESPECT TO

INTERCONTINENTAL BALLISTIC MISSILE SITE ACTIVA-

TION TASK FORCE FOR SENTINEL PROGRAM.

Section 1638 of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136

Stat. 2941), as amended by section 1634, is further amended by—

(1) redesignating subsection (e) as subsection (f); and

(2) inserting after subsection (d), the following new sub-

section (e):

Determination.

136 Stat. 2942.

136 Stat. 2941.

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137 STAT. 594 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(e) D

ELEGATION OF

UTHORITY

.—The Secretary of Defense

shall—

‘‘(1) not later than 120 days after the date of the enactment

of the National Defense Authorization Act for Fiscal Year 2024,

delegate to the Commander of the Air Force Global Strike

Command such tasking and oversight authorities as the Sec-

retary considers necessary with respect to other components

of the Department of Defense participating in the Task Force;

and

‘‘(2) not later than 30 days after the date of such delegation

of authority, notify the congressional defense committees of

the delegation.’’.

SEC. 1636. STUDY OF WEAPONS PROGRAMS THAT ALLOW ARMED

FORCES TO ADDRESS HARD AND DEEPLY BURIED TAR-

GETS.

Section 1674 of the National Defense Authorization Act for

Fiscal Year 2023 (Public Law 117–263) is amended—

(1) in subsection (e), by inserting ‘‘or fiscal year 2024’’

after ‘‘2023’’; and

(2) by adding at the end the following new subsection:

‘‘(g) A

UTHORIZATION

.—For fiscal year 2024, the Secretary of

Energy may carry out activities related to the development and

modification of a nuclear weapon to provide near-term capabilities

that address portions of the strategy required by subsection (b)(3)

using amounts authorized and appropriated for the sustainment

of the B83-1 nuclear gravity bomb.’’.

SEC. 1637. REPEAL OF REQUIREMENT FOR REVIEW OF NUCLEAR

DETERRENCE POSTURES.

Section 1753 of the National Defense Authorization Act for

Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1852) is repealed.

SEC. 1638. RETENTION OF CAPABILITY TO REDEPLOY MULTIPLE

INDEPENDENTLY TARGETABLE REENTRY VEHICLES.

Section 1057 of the National Defense Authorization Act for

Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 495 note) is

amended by inserting ‘‘and Sentinel’’ after ‘‘Minuteman III’’ both

places it appears.

SEC. 1639. AUTHORIZATION TO ESTABLISH TECHNOLOGY TRANSITION

PROGRAM FOR STRATEGIC NUCLEAR DETERRENCE.

(a) I

ENERAL

.—The Commander of Air Force Global Strike

Command may, through the use of a partnership intermediary,

establish a program—

(1) to carry out technology transition, digital engineering

projects, and other innovation activities supporting the Air

Force nuclear enterprise; and

(2) to identify capabilities for the Air Force nuclear enter-

prise that have the potential to generate life-cycle cost savings

and provide data-driven approaches to resource allocation.

(b) T

ERMINATION

.—The program established under subsection

(a) shall terminate on September 30, 2029.

ARTNERSHIP

NTERMEDIARY

EFINED

.—In this section, term

‘‘partnership intermediary’’ has the meaning given that term in

section 23(c) of the Stevenson-Wydler Technology Innovation Act

of 1980 (15 U.S.C. 3715(c)).

10 USC note

prec. 9531.

136 Stat. 2964.

Notification.

Deadlines.

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137 STAT. 595 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1640. MATTERS RELATING TO THE NUCLEAR-ARMED, SEA-

LAUNCHED CRUISE MISSILE.

(a) P

ROGRAM

REATMENT

.—Not later than 90 days after the

date of the enactment of this Act, the Secretary of Defense, acting

through the Under Secretary of Defense for Acquisition and

Sustainment, shall—

(1) establish a program for the development of a nuclear-

armed, sea-launched cruise missile capability;

(2) designate such program as a major defense acquisition

program (as defined in section 4201 of title 10, United States

Code) for which the milestone decision authority (as defined

in section 4251 of such title) is the Under Secretary of Defense

for Acquisition and Sustainment;

(3) initiate a nuclear weapon project for the W80–4 ALT

warhead, at phase 6.2 of the phase 6.X process (relating to

feasibility study and down select), to adapt such warhead for

use with the capability described in paragraph (1);

(4) submit to the National Nuclear Security Administration

a formal request, through the Nuclear Weapons Council,

requesting that the Administration participate in and support

the W80–4 ALT warhead project described in paragraph (3);

and

(5) designate the Department of the Navy as the military

department to lead the W80–4 ALT nuclear weapon project

for the Department of Defense.

(b) I

NITIAL

PERATIONAL

APABILITY

.—The Secretary of

Defense and the Administrator for Nuclear Security shall take

such actions as are necessary to ensure the program and project

described subsection (a) achieve initial operational capability, as

defined jointly by the Secretary of the Navy and the Commander

of the United States Strategic Command, by not later than Sep-

tember 30, 2034.

IMITATION ON

UTHORITY TO

PPROVE

RODUCTION

.—The

Under Secretary of Defense for Acquisition and Sustainment may

not approve a Full Rate Production Decision or authorize Full

Scale Production (as those terms are defined in the memorandum

of the Nuclear Weapons Council titled ‘‘Procedural Guidelines for

the Phase 6.X Process’’ and dated April 19, 2000) for the W80–

4 ALT project until authorized by Congress.

(d) B

RIEFING

.—

(1) I

N GENERAL

.—Not later than January 15, 2024, and

not later than each March 1 and September 1 thereafter, the

Under Secretary of Defense for Acquisition and Sustainment,

the Secretary of the Navy, the Administrator for Nuclear Secu-

rity, and the Commander of the United States Strategic Com-

mand shall jointly provide to the congressional defense commit-

tees a briefing on the progress of the program and project

described in subsection (a).

(2) C

ONTENTS

.—Each briefing required under paragraph

(1) shall include—

(A) a description of significant achievements of the

program and project completed during the period specified

in paragraph (3) and any planned objectives that were

not achieved during such period;

(B) for the 180-day period following the briefing—

(i) planned objectives for the program and project;

and

Time period.

Deadlines.

Deadline.

Designation.

Formal request.

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137 STAT. 596 PUBLIC LAW 118–31—DEC. 22, 2023

(ii) anticipated spending plans for the program

and project;

could impede timely completion of the program and project;

and

(D) any other information the Under Secretary of

Defense for Acquisition and Sustainment considers appro-

priate.

(3) P

ERIOD SPECIFIED

.—The period specified in this para-

graph is—

(A) in the case of the first briefing required by para-

graph (1), the 180-day period preceding the briefing; and

(B) in the case of any subsequent such briefing, the

period since the previous such briefing.

(4) T

ERMINATION

.—The requirement to provide briefings

under paragraph (1) shall terminate on the date that the pro-

gram and project described subsection (a) achieve initial oper-

ational capability, as defined jointly by the Secretary of the

Navy and the Commander of the United States Strategic Com-

mand.

(e) A

SSESSMENT AND

EPORT

.—

(1) I

N GENERAL

.—The Secretary of the Navy shall complete

an assessment, in response to the courses of action developed

by the Joint Staff in response to the report of the Secretary

of Defense under subsection 1642(a) of the James M. Inhofe

National Defense Authorization Act for Fiscal Year 2023 (Public

Law 117–263; 136 Stat. 2945), of the actions required to effec-

tively deploy a nuclear sea-launched cruise missile from a Vir-

ginia class submarine and such other platforms as the Secretary

determines appropriate.

(2) E

LEMENTS

.—The assessment under paragraph (1) shall

address the following:

(A) Any hardware, software, manning, or certification

modifications to platforms that are required to accommo-

date the nuclear sea-launched cruise missile on such plat-

forms.

(B) Any required modifications to port facilities that

would host platforms carrying the nuclear sea-launched

cruise missile, including any modifications relating to phys-

ical security and monitoring.

storage, and operations of nuclear sea-launched cruise mis-

siles at affected facilities of the Navy.

(D) Funding and schedule estimates to complete any

actions identified under subparagraphs (A) through (C).

(3) R

EPORT REQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of the Navy

shall submit to the congressional defense committees a report

on the results of the assessment conducted under paragraph

(1), including the results of the assessment with respect to

each element specified in paragraph (2).

(f) L

IMITATION ON

VAILABILITY OF

UNDS

ENDING

UBMITTAL

EPORT

.—Of the funds authorized to be appropriated by this

Act or otherwise made available for fiscal year 2024 for the Depart-

ment of the Navy, and available for the Office of the Secretary

of the Navy for the travel of persons, not more than 90 percent

may be obligated or expended until the date on which the final

Determination.

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137 STAT. 597 PUBLIC LAW 118–31—DEC. 22, 2023

report required under section 1642(b)(2) of the James M. Inhofe

National Defense Authorization Act for Fiscal Year 2023 (Public

Law 117–263; 136 Stat. 2945) has been submitted to the congres-

sional defense committees.

(g) P

HASE

ROCESS

EFINED

.—In this section, the term

‘‘phase 6.X process’’ means the phase 6.X process for major stockpile

sustainment activities set forth in the memorandum of the Nuclear

Weapons Council titled ‘‘Procedural Guidelines for the Phase 6.X

Process’’ and dated April 19, 2000.

SEC. 1641. REQUIREMENTS RELATING TO OPERATIONAL SILOS FOR

THE SENTINEL INTERCONTINENTAL BALLISTIC MISSILE.

The Secretary of the Air Force shall refurbish and make oper-

able not fewer than 150 silos for the LGM–35A Sentinel interconti-

nental ballistic missile at each of the following locations:

(1) Francis E. Warren Air Force Base, Laramie County,

Wyoming.

(2) Malmstrom Air Force Base, Cascade County, Montana.

(3) Minot Air Force Base, Ward County, North Dakota.

SEC. 1642. LONG-TERM SUSTAINMENT OF SENTINEL ICBM GUIDANCE

SYSTEM.

(a) I

ENERAL

.—Prior to issuing a Milestone C decision for

the program to develop the LGM–35A Sentinel intercontinental

ballistic missile system (referred to in this section as the ‘‘Sentinel’’),

the Under Secretary of Defense for Acquisition and Sustainment

shall certify to the congressional defense committees that there

is a long-term capability in place to maintain and modernize the

guidance system of the Sentinel over the full life cycle of the

Sentinel.

(b) C

ERTIFICATION

LEMENTS

.—The certification described in

subsection (a) shall include a list of capabilities to maintain and

advance—

(1) accelerometers;

(2) gyroscopes;

(3) guidance computers;

(4) specialized mechanical and retaining assemblies;

(5) test equipment; and

(6) such other components to ensure the guidance system

will be maintained and modernized over the life of the Sentinel.

SEC. 1643. INTEGRATED MASTER SCHEDULE FOR THE SENTINEL MIS-

SILE PROGRAM OF THE AIR FORCE.

(a) D

OCUMENTATION

EQUIRED

.—Not later than 30 days after

the date of the enactment of this Act, the Under Secretary of

Defense for Acquisition and Sustainment, acting through the Assist-

ant Secretary of the Air Force for Acquisition, Technology, and

Logistics, shall submit to the congressional defense committees

an approved integrated master schedule for the Sentinel missile

program of the Air Force.

(b) A

DDITIONAL

EQUIREMENTS

.—The Under Secretary of

Defense for Acquisition and Sustainment shall ensure that the

integrated master schedule submitted under subsection (a)—

(1) is consistent with the scheduling best practices set

forth in the publication of the Government Accountability Office

titled ‘‘Schedule Assessment Guide: Best Practices for Project

Schedules’’ (GAO–16–89G), dated December 2015 (or any suc-

cessor to such guide);

Deadlines.

Certification.

State listing.

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137 STAT. 598 PUBLIC LAW 118–31—DEC. 22, 2023

(2) addresses the full scope of work required under the

sentinel missile program; and

(3) fully integrates contractor and government activities.

ONTHLY

RIEFINGS

.—Not later than 180 days after the

date of the enactment of this Act, and on a monthly basis thereafter

until January 1, 2029, the Secretary of the Air Force shall provide

to the congressional defense committees a briefing on the progress

of the Sentinel missile program, which shall include an update

on the progress of all subsystems and elements associated with

achieving full operational capability of the weapons system.

(d) N

OTIFICATION

.—Not later than 30 days after the Secretary

of the Air Force becomes aware of an event that is expected to

delay, by more than one fiscal quarter, the date on which Sentinel

missile achieves initial operational capability (as set forth in the

integrated master schedule submitted under subsection (a)), the

Secretary shall—

(1) submit notice of such delay to the congressional defense

committees; and

(2) include with such notice—

(A) an explanation of the factors causing such delay;

and

(B) a plan to prevent or minimize the duration of

such delay.

SEC. 1644. OPERATIONAL TIMELINE FOR STRATEGIC AUTOMATED

COMMAND AND CONTROL SYSTEM.

(a) I

ENERAL

.—The Secretary of the Air Force shall develop

a replacement of the Strategic Automated Command and Control

System (SACCS) by not later than the date on which the LGM–

35A Sentinel intercontinental ballistic missile program reaches ini-

tial operational capability.

(b) R

EPLACEMENT

APABILITIES

.—The replacement required by

subsection (a) shall—

(1) replace the SACCS base processors;

(2) replace the SACCS processors at launch control centers;

(3) provide internet protocol connectivity for wing-wide com-

mand centers of the LGM–35A Sentinel intercontinental bal-

listic missile program; and

(4) include such other capabilities necessary to address

the evolving requirements of the LGM–35A Sentinel interconti-

nental ballistic missile program as the Secretary considers

appropriate.

SEC. 1645. PILOT PROGRAM ON DEVELOPMENT OF REENTRY VEHICLES

AND RELATED SYSTEMS.

(a) I

ENERAL

.—The Secretary of the Air Force may carry

out a pilot program, to be known as the ‘‘Reentry Vehicle Flight

Test Bed Program’’, to assess the feasibility of providing regular

flight test opportunities that support the development of reentry

vehicles to—

(1) facilitate technology upgrades tested in a realistic flight

environment;

(2) provide an enduring, high-cadence test bed to mature

technologies for planned reentry vehicles; and

(3) transition technologies developed under other programs

and projects relating to long-range ballistic or hypersonic strike

missiles from the research and development or prototyping

phases into operational use.

Assessment.

10 USC note

prec. 4421.

Deadline.

Plan.

Termination

date.

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137 STAT. 599 PUBLIC LAW 118–31—DEC. 22, 2023

(b) G

RANTS

, C

ONTRACTS

AND

THER

GREEMENTS

.—

(1) A

UTHORITY

.—In carrying out a pilot program under

this section, the Secretary may, subject to paragraph (2), award

grants and enter into contracts or other agreements with appro-

priate entities for the conduct of relevant flight tests of reentry

vehicles and systems.

(2) G

RANT AND CONTRACT REQUIREMENTS

.—

(A) M

ERIT

BASED GRANTS

.—Any grant under paragraph

(1) shall be awarded through merit-based selection proce-

dures.

(B) C

OMPETITIVE CONTRACT PROCEDURES

.—Any con-

tract or other agreement under paragraph (1) shall be

awarded using competitive procedures (as defined in section

3012 of title 10, United States Code).

(3) U

SE OF FUNDS

.—An entity that receives a grant, or

enters into a contract or other agreement, as part of a pilot

program carried out under this section shall use the grant,

or any amount received under the contract or other agreement,

to carry out one or more of the following activities:

(A) Conducting flight tests to develop or validate—

(i) aeroshell design;

(ii) thermal protective systems;

(iii) guidance and control systems;

(iv) sensors;

(v) communications;

(vi) environmental sensors; or

(vii) other relevant technologies.

(B) Expanding flight test opportunities through low-

cost, high-cadence platforms.

OORDINATION

.—If the Secretary of the Air Force carries

out a pilot program under this section, the Secretary shall ensure

that the activities under the pilot program are carried out in

coordination with the Secretary of Defense and the Secretary of

the Navy.

(d) T

ERMINATION

.—The authority to carry out a pilot program

under this section shall terminate on December 31, 2029.

SEC. 1646. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL

BALLISTIC MISSILES OF THE UNITED STATES.

(a) P

ROHIBITION

.—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 Department of Defense

may be obligated or expended for the following, and the Department

may not otherwise take any action to do the following:

(1) Reduce, or prepare to reduce, the responsiveness or

alert level of the intercontinental ballistic missiles of the United

States.

(2) Reduce, or prepare to reduce, the quantity of deployed

intercontinental ballistic missiles of the United States to a

number less than 400.

(b) E

XCEPTION

.—The prohibition in subsection (a) shall not

apply to any of the following activities:

(1) The maintenance or sustainment of intercontinental

ballistic missiles.

(2) Ensuring the safety, security, or reliability of interconti-

nental ballistic missiles.

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137 STAT. 600 PUBLIC LAW 118–31—DEC. 22, 2023

(3) Facilitating the transition from the Minuteman III

intercontinental ballistic missile to the Sentinel interconti-

nental ballistic missile (previously referred to as the ‘‘ground-

based strategic deterrent weapon’’).

SEC. 1647. LIMITATION ON AVAILABILITY OF FUNDS PENDING COMPLI-

ANCE WITH INFORMATION REQUESTS FROM THE

GOVERNMENT ACCOUNTABILITY OFFICE.

Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2024 for Operation and

Maintenance, Defense-wide, and available for the Office of the

Under Secretary of Defense for Policy, not more than 35 percent

may be obligated or expended until the date on which the Comp-

troller General of the United States notifies the congressional

defense committees that the Secretary of Defense has fully complied

with information requests from the Government Accountability

Office made in connection with the conduct of the study required

by section 1652 of the National Defense Authorization Act for

Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2100).

SEC. 1648. CONGRESSIONAL NOTIFICATION OF DECISION TO DELAY

STRATEGIC DELIVERY SYSTEM TEST EVENT.

(a) N

OTIFICATION

.—Not later than five days after the Secretary

of Defense makes a decision to delay a scheduled test event for

a strategic delivery system, the Secretary shall submit to the

congressional defense committees written notice of such decision.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Except as provided in paragraph (3), not

later than 60 days after the submission of a notification

required under subsection (a) with respect to a decision to

delay a scheduled test event, the Secretary shall submit to

the congressional defense committees a report on the decision.

(2) E

LEMENTS REQUIRED

.—A report submitted under para-

graph (1) shall include each of the following with respect to

the scheduled test event covered by the report:

(A) A description of the objectives of the test.

(B) An explanation for the decision to cancel the test.

test.

(D) An assessment of the effect of the test cancellation

on—

(i) confidence in the reliability of the strategic

nuclear weapons delivery system involved; and

(ii) any research, development, test, and evaluation

activities related to the test.

(E) A plan to reschedule the test event.

(3) E

XCEPTION

.—A report shall not be required under para-

graph (1) in the case of a decision to delay a scheduled test

event due to any of the following circumstances:

(A) Unfavorable weather conditions.

(B) Safety concerns.

or test facility.

(D) Operational or security concerns at the test facility

or on the test range.

Plan.

Assessment.

Expenditure

estimate.

Deadline.

10 USC 495 note.

Notification.

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137 STAT. 601 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1649. CONGRESSIONAL NOTIFICATION OF NUCLEAR COOPERA-

TION BETWEEN RUSSIA AND CHINA.

If the Commander of the United States Strategic Command

determines, after consultation with the Director of the Defense

Intelligence Agency, that militarily significant cooperation between

the Russian Federation and the People’s Republic of China related

to nuclear or strategic capabilities is likely to occur or has likely

occurred, the Commander shall submit to the congressional defense

committees a notification of such determination that includes—

(1) a description of the military significant cooperation;

and

(2) an assessment of the implication of such cooperation

for the United States with respect to nuclear deterrence,

extended deterrence, assurance, and defense.

SEC. 1650. PLAN FOR DECREASING THE TIME TO UPLOAD ADDITIONAL

WARHEADS TO THE INTERCONTINENTAL BALLISTIC MIS-

SILE FLEET.

(a) I

ENERAL

.—The Secretary of the Air Force, in coordina-

tion with the Commander of the United States Strategic Command

and the Assistant Secretary of Defense for Space Policy, shall

develop a plan to decrease the amount of time required to upload

additional warheads to the intercontinental ballistic missile force

in the event Presidential direction is given to exercise such a

plan.

(b) E

LEMENTS

.—The plan required by subsection (a) shall

include the following:

(1) An assessment of the storage capacity of weapons stor-

age areas and any weapons generation facilities at covered

bases, including the capacity of each covered base to store

additional warheads.

(2) An assessment of the current nuclear warhead transpor-

tation capacity and workforce of the National Nuclear Security

Administration and associated timelines for transporting addi-

tional nuclear warheads to covered bases.

(3) An evaluation of the capacity and limitations of the

maintenance squadrons and security forces at covered bases

and the associated timelines for adding warheads to the inter-

continental ballistic missile force.

(4) An identification of actions that would address any

identified limitations to upload additional warheads.

(5) An evaluation of courses of actions to upload additional

warheads to a portion of the intercontinental ballistic missile

force.

(6) An assessment of the feasibility and advisability of

initiating immediate deployment of W78 warheads to a single

wing of the intercontinental ballistic missile force as a hedge

against delay of the LGM–35A Sentinel intercontinental bal-

listic missile.

(7) Any policy considerations that would need to be

addressed, including any guidance and direction that would

required, to execute the plan.

(8) An identification of all funding required to carry out

actions identified in paragraphs (4) and (5).

UBMISSION TO

ONGRESS

.—Not later than 90 days after

the date of the enactment of this Act, the Secretary of the Air

Force and the Commander of the United States Strategic Command

Deadline.

Assessment.

Evaluation.

Timelines.

Assessment.

Timelines.

Assessment.

Determination.

10 USC 491 note.

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137 STAT. 602 PUBLIC LAW 118–31—DEC. 22, 2023

shall submit to the congressional defense committees the plan

required by subsection (a).

(d) F

ORM

.—The plan required by subsection (a) shall be sub-

mitted in unclassified form, but may include a classified annex.

(e) B

RIEFING

.—Not later than 30 days after the submission

of the plan required by subsection (a), the Secretary of the Air

Force, the Commander of the United States Strategic Command,

and the Assistant Secretary of Defense for Space Policy shall provide

for the congressional defense committees a briefing on the actions

being pursued to implement the plan.

(f) C

OVERED

ASE

EFINED

.—The term ‘‘covered base’’ means

the following:

(1) Francis E. Warren Air Force Base, Laramie County,

Wyoming.

(2) Malmstrom Air Force Base, Cascade County, Montana.

(3) Minot Air Force Base, Ward County, North Dakota.

Subtitle D—Missile Defense Programs

SEC. 1661. DEPUTY DIRECTOR OF OFFICE OF MISSILE DEFENSE

AGENCY.

Section 205 of title 10, United States Code, is amended—

(1) in subsection (a), by inserting ‘‘a general or flag officer’’

after ‘‘shall be’’; and

(2) by redesignating subsection (b) as subsection (c); and

(3) by inserting after subsection (a) the following new sub-

section:

‘‘(b) D

EPUTY

IRECTOR

.—(1) There is a Deputy Director of the

Missile Defense Agency, who shall be appointed by the Secretary

of Defense from among the general officers on active duty in the

Army, Air Force, Marine Corps, or Space Force, or from among

the flag officers on active duty in the Navy. In selecting an indi-

vidual to serve as the Deputy Director, the Secretary of Defense

shall select an individual who serves in a different armed force

than the armed force in which the Director serves.

‘‘(2) The Deputy Director shall be appointed for a term of

not fewer than two, and not more than four years.

‘‘(3) The Deputy Director shall be under the authority, direction,

and control of the Director of the Missile Defense Agency.

‘‘(4) The Deputy Director shall—

‘‘(A) carry out such responsibilities as may be assigned

by the Director; and

‘‘(B) serve as acting director during periods of absence

by the Director, or at such times as the office of the Director

is vacant.’’.

SEC. 1662. MODIFICATION OF PROGRAM ACCOUNTABILITY MATRICES

REQUIREMENTS FOR NEXT GENERATION INTERCEPTORS

FOR MISSILE DEFENSE.

Section 1668(f) of the National Defense Authorization Act for

Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2107) is amended—

(1) by inserting ‘‘and the product development phase’’ after

‘‘technology development phase’’ each place it appears; and

(2) in paragraph (7), by striking ‘‘enter the product develop-

ment phase’’ and inserting ‘‘enter the production phase’’.

Time period.

Appointment.

State listing.

Deadline.

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137 STAT. 603 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1663. NATIONAL MISSILE DEFENSE POLICY.

Subsection (a) of section 1681 of the National Defense

Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10

U.S.C. 4205 note) is amended to read as follows:

‘‘(a) P

OLICY

.—It is the policy of the United States—

‘‘(1) to research, develop, test, procure, deploy, and sustain,

with funding subject to the annual authorization of appropria-

tions for National Missile Defense, systems that provide effec-

tive, layered missile defense capabilities to defeat increasingly

complex missile threats in all phases of flight; and

‘‘(2) to rely on nuclear deterrence to address more sophisti-

cated and larger quantity near-peer intercontinental missile

threats to the homeland of the United States.’’.

SEC. 1664. MODIFICATION OF REQUIREMENT FOR COMPTROLLER GEN-

ERAL TO REVIEW AND ASSESS MISSILE DEFENSE

ACQUISITION PROGRAMS.

Section 232(a) of the National Defense Authorization Act for

Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1339) is amended—

(1) in paragraph (1), by striking ‘‘through 2025’’ and

inserting ‘‘through 2030’’;

(2) in paragraph (2), by striking ‘‘through 2026’’ and

inserting ‘‘through 2031’’; and

(3) in paragraph (3)—

(A) in the paragraph heading, by striking ‘‘

EMERGING

’’

and inserting ‘‘

OTHER DEPARTMENT OF DEFENSE MISSILE

DEFENSE ACQUISITION EFFORTS AND RELATED

’’;

(B) by striking ‘‘emerging issues and’’ and inserting

‘‘emerging issues, any Department of Defense missile

defense acquisition efforts, and any other related issue

and’’; and

before the period at the end.

SEC. 1665. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND

ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-

DEVELOPMENT AND CO-PRODUCTION.

(a) I

RON

OME

HORT

RANGE

OCKET

EFENSE

YSTEM

.—

(1) A

VAILABILITY OF FUNDS

.—Of the funds authorized to

be appropriated by this Act for fiscal year 2024 for procurement,

Defense-wide, and available for the Missile Defense Agency,

not more than $80,000,000 may be provided to the Government

of Israel to procure components for the Iron Dome short-range

rocket defense system through co-production of such compo-

nents in the United States by industry of the United States.

(2) C

ONDITIONS

.—

(A) A

GREEMENT

.—Funds described in paragraph (1)

for the Iron Dome short-range rocket defense program shall

be available subject to the terms and conditions in the

Agreement Between the Department of Defense of the

United States of America and the Ministry of Defense

of the State of Israel Concerning Iron Dome Defense System

Procurement, signed on March 5, 2014, as amended to

include co-production for Tamir interceptors.

(B) C

ERTIFICATION

.—Not later than 30 days prior to

the initial obligation of funds described in paragraph (1),

the Under Secretary of Defense for Acquisition and

Deadline.

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137 STAT. 604 PUBLIC LAW 118–31—DEC. 22, 2023

Sustainment shall submit to the appropriate congressional

committees—

(i) a certification that the amended bilateral inter-

national agreement specified in subparagraph (A) is

being implemented as provided in such agreement;

(ii) an assessment detailing any risks relating to

the implementation of such agreement; and

(iii) for system improvements resulting in modified

Iron Dome components and Tamir interceptor sub-

components, a certification that the Government of

Israel has demonstrated successful completion of

Production Readiness Reviews, including the validation

of production lines, the verification of component

conformance, and the verification of performance to

specification as defined in the Iron Dome Defense

System Procurement Agreement, as further amended.

(b) I

SRAELI

OOPERATIVE

ISSILE

EFENSE

ROGRAM

, D

AVID

’

LING

EAPON

YSTEM

PRODUCTION

.—

(1) I

N GENERAL

.—Subject to paragraph (3), of the funds

authorized to be appropriated for fiscal year 2024 for procure-

ment, Defense-wide, and available for the Missile Defense

Agency, not more than $40,000,000 may be provided to the

Government of Israel to procure the David’s Sling Weapon

System, including for co-production of parts and components

in the United States by United States industry.

(2) A

GREEMENT

.—Provision of funds specified in paragraph

(1) shall be subject to the terms and conditions in the bilateral

co-production agreement, including—

(A) a one-for-one cash match is made by Israel or

in another matching amount that otherwise meets best

efforts (as mutually agreed to by the United States and

Israel); and

(B) co-production of parts, components, and all-up

rounds (if appropriate) in the United States by United

States industry for the David’s Sling Weapon System is

not less than 50 percent.

(3) C

ERTIFICATION AND ASSESSMENT

.—The Under Secretary

of Defense for Acquisition and Sustainment shall submit to

the appropriate congressional committees—

(A) a certification that the Government of Israel has

demonstrated the successful completion of the knowledge

points, technical milestones, and Production Readiness

Reviews required by the research, development, and tech-

nology agreement and the bilateral co-production agree-

ment for the David’s Sling Weapon System; and

(B) an assessment detailing any risks relating to the

implementation of such agreement.

SRAELI

OOPERATIVE

ISSILE

EFENSE

ROGRAM

, A

RROW

3 U

PPER

IER

NTERCEPTOR

ROGRAM

PRODUCTION

.—

(1) I

N GENERAL

.—Subject to paragraph (2), of the funds

authorized to be appropriated for fiscal year 2024 for procure-

ment, Defense-wide, and available for the Missile Defense

Agency, not more than $80,000,000 may be provided to the

Government of Israel for the Arrow 3 Upper Tier Interceptor

Program, including for co-production of parts and components

in the United States by United States industry.

Risk assessment.

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137 STAT. 605 PUBLIC LAW 118–31—DEC. 22, 2023

(2) C

ERTIFICATION

.—The Under Secretary of Defense for

Acquisition and Sustainment shall submit to the appropriate

congressional committees a certification that—

(A) the Government of Israel has demonstrated the

successful completion of the knowledge points, technical

milestones, and Production Readiness Reviews required by

the research, development, and technology agreement for

the Arrow 3 Upper Tier Interceptor Program;

(B) funds specified in paragraph (1) will be provided

on the basis of a one-for-one cash match made by Israel

or in another matching amount that otherwise meets best

efforts (as mutually agreed to by the United States and

Israel);

national agreement with Israel that establishes, with

respect to the use of such funds—

(i) in accordance with subparagraph (D), the terms

of co-production of parts and components on the basis

of the greatest practicable co-production of parts,

components, and all-up rounds (if appropriate) by

United States industry and minimizes nonrecurring

engineering and facilitization expenses to the costs

needed for co-production;

(ii) complete transparency on the requirement of

Israel for the number of interceptors and batteries

that will be procured, including with respect to the

procurement plans, acquisition strategy, and funding

profiles of Israel;

(iii) technical milestones for co-production of parts

and components and procurement;

(iv) a joint affordability working group to consider

cost reduction initiatives; and

(v) joint approval processes for third-party sales;

and

(D) the level of co-production described in subpara-

graph (C)(i) for the Arrow 3 Upper Tier Interceptor Pro-

gram is not less than 50 percent.

(d) N

UMBER

.—In carrying out paragraph (2) of subsection (b)

and paragraph (2) of subsection (c), the Under Secretary may

submit—

(1) one certification covering both the David’s Sling Weapon

System and the Arrow 3 Upper Tier Interceptor Program; or

(2) separate certifications for each respective system.

(e) T

IMING

.—The Under Secretary shall submit to the congres-

sional defense committees the certification and assessment under

subsection (b)(3) and the certification under subsection (c)(2) no

later than 30 days before the funds specified in paragraph (1)

of subsections (b) and (c) for the respective system covered by

the certification are provided to the Government of Israel.

(f) A

PPROPRIATE

ONGRESSIONAL

OMMITTEES

EFINED

.—In

this section, the term ‘‘appropriate congressional committees’’ means

the following:

(1) The congressional defense committees.

(2) The Committee on Foreign Relations of the Senate.

(3) The Committee on Foreign Affairs of the House of

Representatives.

Deadline.

Certifications.

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137 STAT. 606 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1666. PROGRAMS TO ACHIEVE INITIAL AND FULL OPERATIONAL

CAPABILITIES FOR THE GLIDE PHASE INTERCEPTOR

PROGRAM.

(a) P

ROGRAM TO

CHIEVE

NITIAL

PERATIONAL

APABILITY

.—

(1) I

N GENERAL

.—The Secretary of Defense, acting through

the Director of the Missile Defense Agency and in coordination

with the officials specified in subsection (d), shall carry out

a program to achieve, by not later than December 31, 2029,

an initial operational capability for the Glide Phase Interceptor

as described in paragraph (2).

(2) R

EQUIRED CAPABILITIES

.—For purposes of paragraph

(1), the Glide Phase Interceptor program shall be considered

to have achieved initial operational capability if—

(A) the Glide Phase Interceptor is capable of defeating,

in the glide phase, any endo-atmospheric hypersonic

vehicles that are known to the Department of Defense

and fielded as of the date of the enactment of this Act;

and

(B) not fewer than 12 Glide Phase Interceptor missiles

have been fielded.

(b) P

ROGRAM TO

CHIEVE

ULL

PERATIONAL

APABILITY

.—

(1) P

ROGRAM REQUIRED

.—The Secretary of Defense, acting

through the Director of the Missile Defense Agency and in

coordination with the officials specified in subsection (d), shall

carry out a program to achieve, by not later than December

31, 2032, full operational capability for the Glide Phase Inter-

ceptor as described in paragraph (2).

(2) R

EQUIRED CAPABILITIES

.—For purposes of paragraph

(1), the Glide Phase Interceptor program shall be considered

to have achieved full operational capability if—

(A) the Glide Phase Interceptor is capable of defeating,

in the glide phase, any endo-atmospheric hypersonic

vehicles—

(i) that are known to the Department of Defense

and fielded as of the date of the enactment of this

Act; and

(ii) that the Department of Defense expects to

be fielded before the end of 2040;

(B) not fewer than 24 Glide Phase Interceptor missiles

have been fielded; and

operated collaboratively with space-based or terrestrial sen-

sors that the Department of Defense expects to be deployed

before the end of 2032.

OOPERATIVE

GREEMENT

UTHORIZED

.—The Director of the

Missile Defense Agency is authorized to enter into a cooperative

development agreement with one or more international partners

of the United States for the development of the full operational

capability described in subsection (b).

(d) O

FFICIALS

PECIFIED

.—The officials specified in this sub-

section are the following:

(1) The Under Secretary of Defense for Research and

Engineering.

(2) The Secretary of the Navy.

(3) The Commander of the United States Indo-Pacific Com-

mand.

Deadlines.

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137 STAT. 607 PUBLIC LAW 118–31—DEC. 22, 2023

(4) The Commander of the United States European Com-

mand.

SEC. 1667. RESCISSION OF MEMORANDUM ON MISSILE DEFENSE

GOVERNANCE.

Not later than May 31, 2024, the Secretary of Defense shall—

(1) rescind Directive-type Memorandum 20-002 relating to

‘‘Missile Defense System Policies and Governance’’; and

(2) in accordance with section 205(b) of title 10, United

States Code, replace such memorandum with governance docu-

ments, policies, and procedures, that balance—

(A) providing the Missile Defense Agency with greater

flexibility and agility, particularly with regards to mile-

stone a (or equivalent) acquisition decisions to rapidly meet

warfighter needs; and

(B) the need for continued oversight to ensure integra-

tion into joint-force air and missile defense capabilities.

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.

Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2024 for operation and

maintenance, Defense-wide, for the Office of Cost Assessment and

program evaluation, not more than 50 percent may be obligated

or expended until the date on which the Secretary of Defense

submits to the congressional defense committees the report required

by section 1675(b) of the National Defense Authorization Act for

Fiscal Year 2022 (Public Law 117–81).

SEC. 1669. STRATEGY FOR INTEGRATED AIR AND MISSILE DEFENSE

OF HAWAII AND THE INDO-PACIFIC REGION.

(a) S

TRATEGY

.—

(1) I

N GENERAL

.—The Commander of United States Indo-

Pacific Command, in coordination with the Under Secretary

of Defense for Acquisition and Sustainment, the Under Sec-

retary of Defense for Policy, the Commander of United States

Northern Command, the Director of the Missile Defense Agency,

and the Director of the Joint Integrated Air and Missile Defense

Organization, shall develop a comprehensive strategy for devel-

oping, acquiring, and operationally establishing an integrated

air and missile defense architecture for area of responsibility

of the United States Indo-Pacific Command.

(2) S

TRATEGY COMPONENTS

.—At a minimum, the strategy

required by paragraph (1) shall address each of the following:

(A) The sensing, tracking, and intercepting capabilities

required to address the full range of credible missile threats

to—

(i) the Hawaiian Islands;

(ii) the island of Guam and other islands in the

greater Marianas region, as determined necessary by

the Commander of United States Indo-Pacific Com-

mand;

(iii) other territories of the United States located

within the area of responsibility of the United States

Indo-Pacific Command; and

Guam.

Determination.

Deadline.

10 USC 205 note.

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137 STAT. 608 PUBLIC LAW 118–31—DEC. 22, 2023

(iv) United States Armed Forces deployed within

the territories of other countries located within such

area of responsibility.

(B) The appropriate balance of missile detection,

tracking, defense, and defeat capabilities in such area of

responsibility.

missile detection, tracking, defense, and defeat capabilities

across such area of responsibility.

(D) A time-phased scheduling construct for fielding

the constituent systems that will comprise the integrated

air and missile defense architecture for such area of respon-

sibility.

(b) R

EPORTING

EQUIREMENTS

.—

(1) R

EPORT ON INITIAL FINDINGS

.—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 on the findings of the analysis conducted by Cost

Assessment and Program Evaluation of the current integrated

air and missile defense sensor architecture that informed the

submission of the budget of the President (as submitted to

Congress pursuant to section 1105(a) of title 31, United States

Code) for fiscal year 2024, and specific programs of record

that can support additional sensor coverage for the State of

Hawaii. Such report shall include an identification of—

(A) the investments that should be made to increase

the detection of nonballistic threats and improve the

discrimination of ballistic missile threats, particularly with

regards to Hawaii; and

(B) investments that should be made to integrate any

sensors into the missile defense system to assist with

protection of Hawaii.

(2) A

NNUAL REPORT

.—

(A) I

N GENERAL

.—Not later than April 15, 2024, and

annually thereafter, the Commander of United States Indo-

Pacific Command, in coordination with the Under Secretary

of Defense for Acquisition and Sustainment, the Under

Secretary of Defense for Policy, the Commander of United

States Northern Command, the Director of the Missile

Defense Agency, and the Director of the Joint Integrated

Air and Missile Defense Organization, shall submit to the

congressional defense committees an annual report on the

status of the strategy required under subsection (a).

(B) R

EPORT CRITERIA

.—At a minimum, each annual

report under subparagraph (A) shall address—

(i) the activities conducted and progress made in

developing and implementing the strategy over the

calendar year preceding the calendar year during

which the report is submitted;

(ii) the planned activities for developing and imple-

menting the strategy in the calendar year following

the calendar year during which the report is submitted;

and

(iii) a description of likely risks and impediments

to the successful implementation of the strategy.

Time periods.

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137 STAT. 609 PUBLIC LAW 118–31—DEC. 22, 2023

ERMINATION

.—The requirement to submit a report

under this paragraph shall terminate on the earlier of

the following dates:

(i) March 15, 2029.

(ii) The date on which a comprehensive integrated

air and missile defense architecture for the area of

responsibility of United States Indo-Pacific Command

has achieved initial operational capability, as deter-

mined jointly by the Commander of United States Indo-

Pacific Command and the Director of the Missile

Defense Agency.

(3) L

IMITATION

.—Of the funds authorized to be appro-

priated by this Act for fiscal year 2024 for Operation and

Maintenance, Defense-wide, and available for the Office of the

Under Secretary of Defense for Policy, not more than 90 percent

may be obligated or expended until the date on which both

of the following reports are submitted to the congressional

defense committees:

(A) The report on initial findings required by paragraph

(1).

(B) The first annual report required by paragraph

(2)(A).

SEC. 1670. REPORT ON POTENTIAL ENHANCEMENTS TO INTEGRATED

AIR AND MISSILE DEFENSE CAPABILITIES IN EUROPE.

(a) I

ENERAL

.—Not later than 240 days after the date of

the enactment of this Act, the Secretary of Defense, in consultation

with the officials specified in subsection (c), shall submit to the

congressional defense committees a report on potential enhance-

ments to U.S. and allied air and missile defense capabilities that

could contribute to the integrated air and missile defense capability

of the North Atlantic Treaty Organization (NATO).

(b) E

LEMENTS

.—The report required by subsection (a) shall

include—

(1) identification of potential enhancements to U.S. and

allied air and missile defense capabilities as described in such

subsection taking into account a 360-degree approach tailored

to address threats to NATO member nations emanating from

all strategic directions;

(2) a description of—

(A) the efforts of NATO to increase its integrated air

and missile defense capability, taking into account, as

applicable—

(i) NATO’s Deterrence and Defense of the Euro-

Atlantic Area Family of Plans;

(ii) NATO’s Defense Planning Process; and

(iii) other activities of NATO relating to such capa-

bility; and

(B) any challenges to such efforts;

(3) an assessment of the operational, political, and technical

feasibility and advisability of developing, fielding, modifying,

integrating, or otherwise employing current and future U.S.

and allied air and missile defense capabilities to further

improve the ability of the integrated air and missile defense

capability of NATO to protect against any type of air or missile

threat or attack (such as threats and attacks from cruise,

ballistic, and hypersonic missiles), including—

Determination.

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137 STAT. 610 PUBLIC LAW 118–31—DEC. 22, 2023

(A) sensors to detect, track, discriminate, and support

the engagement of multi-axial air and missile threats;

(B) defensive interceptor systems;

(D) command and control elements;

(4) a funding profile, by year, detailing the complete costs

to the United States associated with the options assessed under

paragraph (3); and

(5) such other information as the Secretary of Defense

considers appropriate.

ONSULTATION

.—In preparing the report required by sub-

section (a), the Secretary of Defense shall seek advice and input

from—

(1) the Secretary of State;

(2) Chairman of the Joint Chiefs of Staff;

(3) the Commander of the United States European Com-

mand; and

(4) the Director of the Missile Defense Agency.

(d) F

ORM OF

EPORT

.—The report required by section (a) shall

be submitted in unclassified form, but may include a classified

annex.

(e) D

EFINITION

.—In this section, the term ‘‘U.S. and allied air

and missile defense capabilities’’ means air and missile defense

capabilities of—

(1) the United States; and

(2) nations that are allies or partners of the United States.

SEC. 1671. INDEPENDENT ANALYSIS OF SPACE-BASED MISSILE

DEFENSE CAPABILITY.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, the Secretary of Defense, acting through

the Director of the Missile Defense Agency, shall seek to enter

into an arrangement with an appropriate federally funded research

and development center to update the study referred to in sub-

section (c).

(b) E

LEMENTS

.—The updated study under subsection (a) shall

include analysis of the following:

(1) The extent to which space-based capabilities would

address current and evolving missile threats to the United

States and deployed Armed Forces.

(2) The maturity levels of technologies necessary for an

operational space-based missile defense capability.

(3) Potential options for developing, fielding, operating, and

sustaining a space-based missile defense capability, including—

(A) estimated costs; and

(B) assessments of the effectiveness of different

architectures.

(4) The technical risks, knowledge gaps, or other challenges

associated with the development and operation of space-based

interceptor capabilities.

(5) The ability of the Department of Defense to protect

and defend on-orbit space-based missile defense capabilities,

including any recommendations for resiliency requirements that

would be needed to ensure the effectiveness of such capabilities.

Assessments.

Cost estimate.

Deadline.

Contracts.

Update.

Costs.

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137 STAT. 611 PUBLIC LAW 118–31—DEC. 22, 2023

TUDY

PECIFIED

.—The study referred to in this subsection

is the study conducted by the federally funded research and develop-

ment center known as the ‘‘Institute for Defense Analysis’’ exam-

ining the feasibility and advisability of developing a space-based

missile defense capability.

(d) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 270 days after entering

into an arrangement under subsection (a), the Secretary of

Defense shall submit to the congressional defense committees

a report that includes—

(A) an unaltered copy of the updated study completed

pursuant to the arrangement; and

(B) any views of the Secretary of Defense with respect

to such updated study.

(2) F

ORM

.—The report required under paragraph (1) shall

be submitted in unclassified form, but may include a classified

annex.

Subtitle E—Other Matters

SEC. 1681. EXTENSION OF AUTHORIZATION FOR PROTECTION OF CER-

TAIN FACILITIES AND ASSETS FROM UNMANNED AIR-

CRAFT.

Section 130i(i) of title 10, United States Code, is amended

by striking ‘‘2023’’ both places it appears and inserting ‘‘2026’’.

SEC. 1682. ELECTROMAGNETIC WARFARE.

(a) I

ENERAL

.—Part I of subtitle A of title 10, United States

Code, is amended by adding at the end the following new chapter:

‘‘CHAPTER 25—ELECTROMAGNETIC WARFARE

‘‘500. Electromagnetic Spectrum Operations Executive Committee.

‘‘500a. Guidance on electromagnetic spectrum operations mission area and joint

electromagnetic spectrum operations.

‘‘500b. Annual report on electromagnetic spectrum operations strategy of the De-

partment of Defense.

‘‘500c. Annual assessment of budget with respect to electromagnetic spectrum oper-

ations capabilities.

‘‘500d. Electromagnetic spectrum superiority implementation plan.

‘‘500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electro-

magnetic Spectrum Operations.

‘‘500f. Evaluations of abilities of armed forces and combatant commands to perform

electromagnetic spectrum operations missions.

‘‘§ 500. Electromagnetic Spectrum Operations Executive

Committee

‘‘(a) I

ENERAL

.—There is within the Department of Defense

an Electromagnetic Spectrum Operations Executive Committee (in

this section referred to as the ‘Executive Committee’).

‘‘(b) P

URPOSES

.—The Executive Committee shall—

‘‘(1) serve as the principal forum within the Department

of Defense to inform, coordinate, and evaluate matters relating

to electromagnetic warfare;

‘‘(2) provide senior oversight, coordination, and budget and

capability harmonization with respect to such matters; and

‘‘(3) act as an advisory body to the Secretary of Defense,

the Deputy Secretary of Defense, and the Management Action

Group of the Deputy Secretary with respect to such matters.

10 USC 500.

10 USC

prec. 500.

Records.

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137 STAT. 612 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(c) R

ESPONSIBILITIES

.—The Executive Committee shall—

‘‘(1) advise key senior level decision-making bodies of the

Department of Defense with respect to the development and

implementation of acquisition investments relating to electro-

magnetic warfare and electromagnetic spectrum operations of

the Department, including relevant acquisition policies,

projects, programs, modeling, and test and evaluation infra-

structure;

‘‘(2) provide a forum to enable synchronization and integra-

tion support with respect to the development and acquisition

of electromagnetic warfare capabilities by—

‘‘(A) aligning the processes of the Department for

requirements, research, development, acquisition, testing,

and sustainment; and

‘‘(B) carrying out other related duties; and

‘‘(3) act as the senior level review forum for the portfolio

of capability investments of the Department relating to electro-

magnetic warfare and electromagnetic spectrum operations and

other related matters.

‘‘(d) C

OORDINATION

ITH

NTELLIGENCE

OMMUNITY

.—The

Executive Committee, acting through the Under Secretary of

Defense for Intelligence and Security, shall coordinate with the

intelligence community (as defined in section 3 of the National

Security Act of 1947 (50 U.S.C. 3003)) to generate requirements,

facilitate collaboration, establish interfaces, and align efforts of

the Department of Defense with respect to capabilities and acquisi-

tion activities related to electromagnetic spectrum operations in

areas of dependency or mutual interest.

‘‘(e) M

EETINGS

.—(1) The Executive Committee shall hold

meetings not less frequently than quarterly and as necessary to

address particular issues.

‘‘(2) The Executive Committee may hold meetings by video

conference.

‘‘(f) M

EMBERSHIP

.—The Executive Committee shall be composed

of the following principal members:

‘‘(1) The Under Secretary of Defense for Acquisition and

Sustainment.

‘‘(2) The Vice Chairman of the Joint Chiefs of Staff.

‘‘(3) The Under Secretary of Defense for Intelligence and

Security.

‘‘(4) The Under Secretary of Defense for Policy.

‘‘(5) The Commander of the United States Strategic Com-

mand.

‘‘(6) The Chief Information Officer of the Department of

Defense.

‘‘(7) Such other Federal officers or employees as the Sec-

retary of Defense considers appropriate, consistent with other

authorities of the Department of Defense and publications of

the Joint Staff, including the Charter for the Electronic Warfare

Executive Committee, dated March 17, 2015.

‘‘(g) C

CHAIRS OF

XECUTIVE

OMMITTEE

.—(1) The Under Sec-

retary of Defense for Acquisition and Sustainment and the Vice

Chairman of the Joint Chiefs of Staff, or their designees, shall

serve as co-chairs of the Executive Committee.

‘‘(2) The co-chairs of the Executive Committee shall—

‘‘(A) preside at all Executive Committee meetings or have

their designees preside at such meetings;

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137 STAT. 613 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) provide administrative control of the Executive Com-

mittee;

‘‘(C) jointly guide the activities and actions of the Executive

Committee;

‘‘(D) approve all agendas for and summaries of meetings

of the Executive Committee;

‘‘(E) charter tailored working groups to conduct mission

area analysis, as required, under subsection (i); and

‘‘(F) perform such other duties as may be necessary to

ensure the good order and functioning of the Executive Com-

mittee.

‘‘(h) E

LECTROMAGNETIC

PECTRUM

PERATIONS

APABILITY

EAM

.—(1) There is within the Executive Committee an electro-

magnetic spectrum operations capability team, which shall—

‘‘(A) serve as a flag officer level focus group and executive

secretariat subordinate to the Executive Committee; and

‘‘(B) in that capacity—

‘‘(i) provide initial senior level coordination on key

electromagnetic spectrum operations issues;

‘‘(ii) prepare recommended courses of action to present

to the Executive Committee; and

‘‘(iii) perform other related duties.

‘‘(2) The electromagnetic spectrum operations capability team

shall be co-chaired by one representative from the Office of the

Under Secretary of Defense for Acquisition and Sustainment and

one representative from the Force Structure, Resources, and Assess-

ment Directorate of the Joint Staff (J–8).

‘‘(3) The principal members of the Executive Committee shall

designate representatives from their respective staffs to the electro-

magnetic spectrum operations capability team.

‘‘(i) M

ISSION

REA

ORKING

ROUPS

.—(1) The Executive Com-

mittee shall establish mission area working groups on a temporary

basis—

‘‘(A) to address specific issues and mission areas relating

to electromagnetic spectrum operations;

‘‘(B) to involve subject matter experts and components of

the Department of Defense with expertise in electromagnetic

spectrum operations; and

‘‘(C) to perform other related duties.

‘‘(2) The Executive Committee shall dissolve a mission area

working group established under paragraph (1) once the issue the

working group was established to address is satisfactorily resolved.

‘‘(j) A

DMINISTRATION

.—The Under Secretary of Defense for

Acquisition and Sustainment shall administratively support the

Executive Committee, including by designating not fewer than two

officials of the Department of Defense to support the day-to-day

operations of the Executive Committee.

‘‘(k) R

EPORT TO

ONGRESS

.—Not later than February 28, 2024,

and annually thereafter through 2030, the Executive Committee

shall submit to the congressional defense committees a summary

of activities of the Executive Committee during the preceding fiscal

year.

‘‘§ 501. Guidance on electromagnetic spectrum operations

mission area and joint electromagnetic spectrum

operations

‘‘The Secretary of Defense shall—

10 USC 501.

Summary.

Time period.

Establishment.

Designations.

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137 STAT. 614 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) establish processes and procedures to develop,

integrate, and enhance the electromagnetic spectrum operations

mission area and the conduct of joint electromagnetic spectrum

operations in all domains across the Department of Defense;

and

‘‘(2) ensure that such processes and procedures provide

for integrated defense-wide strategy, planning, and budgeting

with respect to the conduct of such operations by the Depart-

ment, including activities conducted to counter and deter such

operations by malign actors.

‘‘§ 502. Annual report on electromagnetic spectrum oper-

ations strategy of the Department of Defense

‘‘(a) I

ENERAL

.—At the same time as the President submits

to Congress the budget of the President under section 1105(a)

of title 31 for each of fiscal years 2025 through 2029, the Secretary

of Defense, in coordination with the Chief Information Officer of

the Department of Defense, the Chairman of the Joint Chiefs of

Staff, and the Secretary of each of the military departments, shall

submit to the congressional defense committees an annual report

on the Electromagnetic Spectrum Superiority Strategy of the

Department of Defense.

‘‘(b) C

ONTENTS OF

EPORT

.—Each report required under sub-

section (a) shall include each of the following:

‘‘(1) A description and overview of—

‘‘(A) the electromagnetic spectrum strategy of the

Department of Defense;

‘‘(B) how such strategy supports the national defense

strategy under section 113(g) of this title; and

‘‘(C) the organizational structure assigned to oversee

the development of the Department’s electromagnetic spec-

trum strategy, requirements, capabilities, programs, and

projects.

‘‘(2) A list of all the electromagnetic spectrum operations

acquisition programs and research and development projects

of the Department of Defense and a description of how each

program or project supports the Department’s electromagnetic

spectrum strategy.

‘‘(3) For each unclassified program or project on the list

required by paragraph (2)—

‘‘(A) the senior acquisition executive and organization

responsible for oversight of the program or project;

‘‘(B) whether or not validated requirements exist for

the program or project and, if such requirements do exist,

the date on which the requirements were validated and

the organizational authority that validated such require-

ments;

‘‘(C) the total amount of funding appropriated, obli-

gated, and forecasted by fiscal year for the program or

project, including the program element or procurement line

number from which the program or project receives

funding;

‘‘(D) the development or procurement schedule for the

program or project;

‘‘(E) an assessment of the cost, schedule, and perform-

ance of the program or project as it relates to the program

baseline for the program or project, as of the date of the

Assessments.

Schedule.

List.

Overview.

Time periods.

10 USC 502.

Processes.

Procedures.

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137 STAT. 615 PUBLIC LAW 118–31—DEC. 22, 2023

submission of the report, and the original program baseline

for such program or project, if such baselines are not the

same;

‘‘(F) the technology readiness level of each critical tech-

nology that is part of the program or project;

‘‘(G) whether or not the program or project is redundant

or overlaps with the efforts of another military department;

and

‘‘(H) the capability gap that the program or project

is being developed or procured to fulfill.

‘‘(4) A classified annex that contains the items described

in subparagraphs (A) through (H) of paragraph (3) for each

classified program or project on the list required by paragraph

(2).

‘‘§ 503. Annual assessment of budget with respect to electro-

magnetic spectrum operations capabilities

‘‘At the same time as the President submits to Congress the

budget of the President under section 1105(a) of title 31 for each

of fiscal years 2025 through 2029, the Secretary of Defense shall

submit to the congressional defense committees an assessment by

the Electromagnetic Spectrum Operations Executive Committee as

to whether sufficient funds are requested in such budget for antici-

pated activities in such fiscal year for each of the following:

‘‘(1) The development of an electromagnetic battle manage-

ment capability for joint electromagnetic spectrum operations.

‘‘(2) The establishment and operation of associated joint

electromagnetic spectrum operations cells.

‘‘§ 504. Electromagnetic spectrum superiority implementa-

tion plan

‘‘(a) I

ENERAL

.—The Chief Information Officer of the Depart-

ment of Defense shall be responsible for oversight of the electro-

magnetic superiority implementation plan.

‘‘(b) R

EPORT

EQUIRED

.—Concurrent with the submission of

the budget of the President to Congress under section 1105(a)

of title 31 for each of fiscal years 2025 through 2029, the Chief

Information Officer shall submit to the congressional defense

committees a report that includes the following with respect to

the electromagnetic superiority implementation plan:

‘‘(1) The implementation plan in effect as of the date of

the report, noting any revisions from the preceding plan.

‘‘(2) A statement of the elements of the implementation

plan that have been achieved.

‘‘(3) For each element that has been achieved, an assess-

ment of whether the element is having its intended effect.

‘‘(4) For any element that has not been achieved, an assess-

ment of progress made in achieving the element, including

a description of any obstacles that may hinder further progress.

‘‘(5) For any element that has been removed from the

implementation plan, a description of the reason for the removal

of the element and an assessment of the impact of not pursuing

achievement of the element.

‘‘(6) Such additional matters as the Chief Information

Officer considers appropriate.

‘‘(c) E

LECTROMAGNETIC

UPERIORITY

MPLEMENTATION

LAN

EFINED

.—In this section, the term ‘electromagnetic superiority

Statement.

Time periods.

Assessments.

10 USC 504.

Time periods.

10 USC 503.

Classified

information.

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137 STAT. 616 PUBLIC LAW 118–31—DEC. 22, 2023

implementation plan’ means the Electromagnetic Superiority

Implementation Plan signed by the Secretary of Defense on July

15, 2021, and any successor plan.

‘‘§ 505. Electromagnetic Spectrum Enterprise Operational

Lead for Joint Electromagnetic Spectrum Oper-

ations

‘‘(a) I

ENERAL

.—Not later than 30 days after the date of

the enactment of the National Defense Authorization Act for Fiscal

Year 2024, the Secretary of Defense shall establish an Electro-

magnetic Spectrum Enterprise Operational Lead for Joint Electro-

magnetic Spectrum Operations (in this section referred to as the

‘operational lead’) at the United States Strategic Command. The

operational lead shall report to the Commander of the United

States Strategic Command.

‘‘(b) F

UNCTION

.—The operational lead shall be responsible for

synchronizing, assessing, and making recommendations to the

Chairman of the Joint Chiefs of Staff with respect to the readiness

of the combatant commands to conduct joint electromagnetic spec-

trum operations.

‘‘(c) B

RIEFINGS

EQUIRED

.—Concurrent with the submission of

the budget of the President to Congress under section 1105(a)

of title 31 for each of fiscal years 2025 through 2029, the Chairman,

acting through the operational lead, shall provide to the congres-

sional defense committees a briefing on the following:

‘‘(1) Progress made in achieving full operational capability

to conduct joint electromagnetic spectrum operations and any

impediments to achieving such capability.

‘‘(2) The readiness of the combatant commands to conduct

such operations.

‘‘(3) Recommendations for overcoming any deficiencies in

the readiness of the combatant commands to conduct such

operations and any material gaps contributing to such defi-

ciencies.

‘‘(4) Such other matters as the Chairman considers impor-

tant to ensuring that the combatant commands are capable

of conducting such operations.

‘‘§ 506. Evaluations of abilities of armed forces and combatant

commands to perform electromagnetic spectrum

operations missions

‘‘(a) E

VALUATIONS OF

RMED

ORCES

.—(1) Not later than

October 1, 2024, and annually thereafter through 2029, the Chief

of Staff of the Army, the Chief of Naval Operations, the Chief

of Staff of the Air Force, the Commandant of the Marine Corps,

and the Chief of Space Operations shall each carry out an evaluation

of the ability of the armed force concerned to perform electro-

magnetic spectrum operations missions required by each of the

following:

‘‘(A) The Electromagnetic Spectrum Superiority Strategy.

‘‘(B) The Joint Staff-developed concept of operations for

electromagnetic spectrum operations.

‘‘(C) The operations and contingency plans of the combatant

commands.

‘‘(2) Not later than December 31 of each year in which evalua-

tions are required under paragraph (1), each official specified in

that paragraph shall certify to the congressional defense committees

Certification.

Deadlines.

Time periods.

Assessments.

10 USC 506.

Recommenda-

tions.

Time periods.

Deadline.

Establishment.

10 USC 505.

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137 STAT. 617 PUBLIC LAW 118–31—DEC. 22, 2023

that the evaluation required to be carried out by that official has

occurred.

‘‘(3) Each evaluation under paragraph (1) shall include an

assessment of the following:

‘‘(A) Current programs of record, including—

‘‘(i) the ability of weapon systems to perform missions

in contested electromagnetic spectrum environments; and

‘‘(ii) the ability of electromagnetic attack with capabili-

ties to disrupt adversary operations.

‘‘(B) Future programs of record, including—

‘‘(i) the need for distributed or network-centric electro-

magnetic warfare and signals intelligence capabilities; and

‘‘(ii) the need for automated and machine learning-

or artificial intelligence-assisted electromagnetic spectrum

operations capabilities.

‘‘(C) Order of battle.

‘‘(D) Individual and unit training.

‘‘(E) Tactics, techniques, and procedures, including—

‘‘(i) maneuver, distribution of assets, and the use of

decoys; and

‘‘(ii) integration of non-kinetic and kinetic fires.

‘‘(F) Other matters relevant to evaluating the ability of

the armed force concerned to perform electromagnetic spectrum

operations missions described in paragraph (1).

‘‘(b) E

VALUATIONS OF

OMBATANT

OMMANDS

.—(1) Not later

than October 1, 2024, and annually thereafter through 2029, the

Chairman of the Joint Chiefs of Staff, acting through the Electro-

magnetic Spectrum Enterprise Operational Lead for Joint Electro-

magnetic Spectrum Operations established under section 500e (in

this section referred to as the ‘operational lead’), shall carry out

an evaluation of the plans and posture of the combatant commands

to execute the electromagnetic spectrum operations envisioned in

each of the following:

‘‘(A) The Electromagnetic Spectrum Superiority Strategy.

‘‘(B) The Joint Staff-developed concept of operations for

electromagnetic spectrum operations.

‘‘(2) Each evaluation under paragraph (1) shall include an

assessment, as relevant, of the following:

‘‘(A) Operation and contingency plans.

‘‘(B) The manning, organizational alignment, and capability

of joint electromagnetic spectrum operations cells.

‘‘(C) Mission rehearsal and exercises.

‘‘(D) Force positioning, posture, and readiness.

‘‘(3) Not later than December 31 of each year in which an

evaluation is required under paragraph (A), the Chairman of the

Joint Chiefs of Staff, acting through the operational lead, shall

brief the congressional defense committees on the results of the

evaluation.’’.

(b) C

LERICAL

MENDMENT

.—The tables of chapters at the begin-

ning of subtitle A of title 10, United States Code, and at the

beginning of part I of such subtitle, are each amended by inserting

after the item relating to chapter 24 the following new item:

‘‘25. Electronic Warfare ......................................................................................... 500’’.

ONFORMING

EPEAL

.—Section 1053 of the John S. McCain

National Defense Authorization Act for Fiscal Year 2019 (Public

Law 115–232; 10 U.S.C. 113 note) is repealed.

10 USC

prec. 101.

Briefing.

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137 STAT. 618 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1683. COOPERATIVE THREAT REDUCTION FUNDS.

(a) F

UNDING

LLOCATION

.—Of the $350,999,000 authorized to

be appropriated to the Department of Defense for fiscal year 2024

in section 301 and made available by the funding table in division

D for the Department of Defense Cooperative Threat Reduction

Program established under section 1321 of the Department of

Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the

following amounts may be obligated for the purposes specified:

(1) For strategic offensive arms elimination, $6,815,000.

(2) For chemical security and elimination, $16,400,000.

(3) For global nuclear security, $19,406,000.

(4) For biological threat reduction, $228,030,000.

(5) For proliferation prevention, $46,324,000.

(6) For activities designated as Other Assessments/

Administration Costs, $34,024,000.

(b) S

PECIFICATION OF

OOPERATIVE

HREAT

EDUCTION

UNDS

.—Funds appropriated pursuant to the authorization of

appropriations in section 301 and made available by the funding

table in division D for the Department of Defense Cooperative

Threat Reduction Program shall be available for obligation for

fiscal years 2024, 2025, and 2026.

SEC. 1684. MATTERS RELATING TO SPACE-BASED GROUND AND AIR-

BORNE MOVING TARGET INDICATION SYSTEMS.

(a) I

ENERAL

.—The Secretary of the Air Force shall be

responsible for presenting space-based ground and airborne moving

target indication systems to the combatant commands to accomplish

missions assigned to such commands under the Unified Command

Plan that—

(1) are primarily or fully funded by the Department of

Defense; and

(2) provide near real-time, direct support to satisfy the

operational requirements of such commands.

(b) M

ILESTONE

ECISION

UTHORITY

.—The Secretary of the

Air Force, in consultation with the Director of National Intelligence,

shall be milestone decision authority (as defined in section 4204

of title 10, United States Code) for Milestone A approval (as defined

in section 4211 of such title) for space-related acquisition programs

for ground and airborne moving target indication systems described

in subsection (a) that are primarily or fully funded within the

military intelligence program.

ORKING

ROUP

.—

(1) E

STABLISHMENT

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of Defense shall

establish a working group, to be known as the ‘‘Moving Target

Indication Working Group’’ (referred to in this section as the

‘‘working group’’).

(2) R

ESPONSIBILITIES

.—The working group shall be respon-

sible for—

(A) addressing Department of Defense joint service

requirements for moving target indication systems;

(B) monitoring the cost, schedule, and performance

of all efforts to replace the tactical intelligence, surveil-

lance, and reconnaissance capability that is provided, as

of the date of enactment of this Act, by the Joint Surveil-

lance Target Attack Radar System; and

Deadlines.

10 USC 2271

note.

Time periods.

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137 STAT. 619 PUBLIC LAW 118–31—DEC. 22, 2023

tasking, collection, processing, exploitation, and dissemina-

tion of the data collected by moving target indication sys-

tems.

(3) M

EMBERSHIP

.—

(A) I

N GENERAL

.—The working group shall be composed

of members selected by the Secretary of Defense as follows:

(i) One member of the Space Force and one

member of the Joint Staff each of whom shall serve

as a co-chair of the working group.

(ii) One representative of each of the following:

(I) The Army.

(II) The Navy.

(III) The Marine Corps.

(IV) The Air Force.

(B) C

ONGRESSIONAL NOTIFICATION

.—Not later than 90

days after the date of the enactment of this Act, the Sec-

retary of Defense shall submit to the congressional defense

committees a list of the members selected to serve on

the working group pursuant to subparagraph (A).

(4) B

RIEFING REQUIREMENTS

.—

(A) I

NITIAL BRIEFING

.—Not later than 120 days after

the date of the enactment of this Act, the co-chairs of

the working group shall provide to the congressional

defense committees a briefing on—

(i) any capabilities development documents devel-

oped by the working group that are either approved

by, or in development for, the Joint Requirements

Oversight Council; and

(ii) any progress of the working group towards

developing processes and procedures for tasking, collec-

tion, processing, exploitation, and dissemination of data

collected by future moving target indication systems.

(B) B

IANNUAL BRIEFINGS

.—Not less frequently than

biannually following the initial briefing under subpara-

graph (A), the working group shall provide to the congres-

sional defense committees a briefing on the status of any

moving target indication programs under development by

the Department of Defense as of the date of the briefing.

UNSET

.—The requirement to provide briefings

under this paragraph shall terminate on the date that

is five years after the date of the enactment of this Act.

SEC. 1685. POSITIONING, NAVIGATION, AND TIMING.

(a) Q

UARTERLY

RIEFINGS ON

MPLEMENTATION OF

ILITARY

CODE

OMPLIANT

GPS R

ECEIVERS

.—

(1) I

N GENERAL

.—Not later than February 1, 2024, and

quarterly thereafter until the date specified in paragraph (2),

the Co-Chairs of the Council on Oversight of the Department

of Defense Positioning, Navigation, and Timing Enterprise,

shall provide to the congressional defense committees a briefing

on the status of the implementation of M-Code compliant GPS

receivers through the Military GPS User Equipment program,

including the status of increments 1 and 2 of such program

and details regarding expected dates of M-Code compliance

for all sea-, air, and land-based terminals across the platforms

of each of the Armed Forces.

Deadline.

List.

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137 STAT. 620 PUBLIC LAW 118–31—DEC. 22, 2023

(2) T

ERMINATION DATE

.—The date specified in this para-

graph is the date on which the Secretary of Defense submits

to the congressional defense committees certification that the

increments 1 and 2 of the Military GPS User Equipment pro-

gram have reached full operational capacity.

(b) T

REATMENT OF

OSITIONING

, N

AVIGATION

AND

IMING

ESILIENCY

, M

ODIFICATIONS

AND

MPROVEMENTS

ROGRAM

.—The

Under Secretary of Defense for Acquisition and Sustainment shall

treat the Positioning, Navigation, and Timing Resiliency, Modifica-

tions, and Improvements program of the Air Force (Program Ele-

ment 0604201F) as an acquisition category 1D program, and the

authority to manage such program may not be delegated.

SEC. 1686. ACTIONS TO ADDRESS SERIOUS DEFICIENCIES IN ELEC-

TRONIC PROTECTION OF SYSTEMS THAT OPERATE IN THE

RADIO FREQUENCY SPECTRUM.

(a) I

ENERAL

.—The Secretary of Defense shall—

(1) establish requirements for and assign sufficient priority

to ensuring electronic protection of military sensor, navigation,

and communications systems and subsystems against jamming,

spoofing, and unintended interference from military systems

of the United States and foreign adversaries; and

(2) provide management oversight and supervision of the

military departments to ensure military systems that emit and

receive radio frequencies are protected against threats and

interference from United States and foreign adversary military

systems operating in the same or adjacent radio frequencies.

(b) S

PECIFIC

EQUIRED

CTIONS

.—The Secretary of Defense

shall require the military departments and combat support agencies

to carry out the following activities:

(1) Not later than 270 days after the date of the enactment

of this Act, develop and approve requirements, through the

Joint Requirements Oversight Council as appropriate, for every

radar, signals intelligence, navigation, and communications

system and subsystem subject to the Global Force Management

process to ensure such systems and subsystems are able to

withstand threat-realistic levels of jamming, spoofing, and unin-

tended interference, including self-generated interference.

(2) Not less frequently than once every 4 years, test each

system and subsystem described in paragraph (1) at a test

range that permits threat-realistic electronic warfare attacks

against the system or subsystem by a red team or simulated

opposition force, with the first set of highest priority systems

to be initially tested by not later than the end of fiscal year

2025.

(3) With respect to each system and subsystem described

in paragraph (1) that fails to meet electronic protection require-

ments during testing conducted under paragraph (2)—

(A) not later than 3 years after the initial failed test,

retrofit the system or subsystem with electronic protection

measures that can withstand threat-realistic jamming,

spoofing, and unintended interference; and

(B) not later than 4 years after the initial failed test,

retest such systems and subsystems.

(4) Survey, identify, and test available technology that

can be practically and affordably retrofitted on the systems

and subsystems described in paragraph (1) and which provides

Survey.

Time period.

Deadlines.

Requirements.

10 USC 2224

note.

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137 STAT. 621 PUBLIC LAW 118–31—DEC. 22, 2023

robust protection against threat-realistic jamming, spoofing,

and unintended interference.

(5) Design and build electronic protection into ongoing and

future development programs to withstand expected jamming

and spoofing threats and unintended interference.

AIVER

.—The Secretary of Defense may establish a process

for issuing waivers, on a case-by-case basis, for the testing require-

ment under paragraph (2) of subsection (b) and for the retrofit

requirement under paragraph (3) of such subsection.

(d) A

NNUAL

EPORTS

.—Concurrent with the submission of the

budget of the President to Congress pursuant to section 1105(a)

of title 31, United States Code, for each of fiscal years 2025 through

2030, the Director of Operational Test and Evaluation shall submit

to the Electronic Warfare Executive Committee of the Department

of Defense and the Committees on Armed Services of the Senate

and the House of Representatives a comprehensive annual report

that—

(1) aggregates and summarizes information received from

the military departments and combat support agencies for pur-

poses of the preparation of the report; and

(2) includes a description of—

(A) the activities carried out to implement the require-

ments of this section;

(B) the systems and subsystems subject to testing in

the previous year and the results of such tests, including

a description of the requirements for electronic protection

established for the tested systems and subsystems; and

respect to such requirements, together with a detailed

rationale for the waiver and a plan for addressing any

issues that formed the basis of the waiver request.

SEC. 1687. LIMITATION ON USE OF FUNDS FOR CERTAIN UNREPORTED

PROGRAMS.

(a) L

IMITATION ON

VAILABILITY OF

UNDS

.—None of the funds

authorized to be appropriated or otherwise made available by this

Act may be obligated or expended in support of any activities

involving unidentified anomalous phenomena protected under any

form of special access or restricted access limitations unless the

Secretary of Defense has provided the details of the activity to

the appropriate congressional committees and congressional leader-

ship, including for any activities described in a report released

by the All-Domain Anomaly Resolution Office in fiscal year 2024.

(b) L

IMITATION

EGARDING

NDEPENDENT

ESEARCH AND

EVELOPMENT

.—Consistent with Department of Defense Instruction

Number 3204.01 (dated August 20, 2014, incorporating change 2,

dated July 9, 2020; relating to Department policy for oversight

of independent research and development), independent research

and development funding relating to unidentified anomalous phe-

nomena shall not be allowable as indirect expenses for purposes

of contracts covered by such instruction, unless such material and

information is made available the appropriate congressional

committees and congressional leadership.

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the congressional defense committees; and

50 USC 3373

note.

Summary.

Time periods.

Process.

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137 STAT. 622 PUBLIC LAW 118–31—DEC. 22, 2023

(B) the Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee

on Intelligence of the Senate.

(2) The term ‘‘congressional leadership’’ means—

(A) the majority leader of the Senate;

(B) the minority leader of the Senate;

(D) the minority leader of the House of Representa-

tives.

(3) The term ‘‘unidentified anomalous phenomena’’ has the

meaning given such term in section 1683(n)of the National

Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.

3373(n)), as amended by section 6802(a) of the Intelligence

Authorization Act for Fiscal Year 2023 (Public Law 117–263).

SEC. 1688. INDO-PACIFIC MISSILE STRATEGY.

(a) S

TRATEGY

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the congressional defense committees a strategy for ground-based

theater-range conventional missiles in the Indo-Pacific region.

(b) E

LEMENTS

.—The strategy required by subsection (a) shall

include the following:

(1) An assessment of gaps in ground-based theater-range

conventional missile capabilities in the area of responsibility

of the United States Indo-Pacific Command.

(2) An identification of military requirements for ground-

based theater-range conventional missile systems, including

range, propulsion, payload, launch platform, weapon effects,

and other operationally relevant factors.

(3) An identification of prospective basing locations for

ground-based theater-range conventional missiles in the area

of responsibility of the United States Indo-Pacific Command

and an assessment of steps required to receive host-nation

permission for forward-basing of such weapon systems.

(4) A description of operational concepts for employment

of such ground-based theater-range conventional missiles,

including integration with other capabilities in the Western

Pacific region.

(5) An identification of prospective allies, partners, and

institutional mechanisms for co-production of new ground-based

theater-range conventional missiles.

(6) An assessment of the cost, schedule, and feasibility

of ground-based theater-range conventional missile programs,

including any potential cost-sharing structures through existing

institutional mechanisms.

(7) Any other matter the Secretary considers relevant.

ORM

.—The strategy required by subsection (a) may be

submitted in classified form, but shall include an unclassified sum-

mary.

(d) G

ROUND

BASED

HEATER

RANGE

ONVENTIONAL

ISSILE

.—

The term ‘‘ground-based theater-range conventional missile’’ means

a short-range, medium-range, or intermediate-range conventional

mobile ground-launched cruise or hypersonic missile system with

a range between 500 and 5,500 kilometers.

Definition.

Assessment.

Requirements.

Assessment.

Deadline.

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137 STAT. 623 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 1689. STUDY ON THE FUTURE OF THE INTEGRATED TACTICAL

WARNING ATTACK ASSESSMENT SYSTEM.

(a) I

ENERAL

.—The Chairman of the Joint Chiefs of Staff

shall enter into an agreement with a federally funded research

and development center under which the center shall—

(1) conduct a study on the future of the Integrated Tactical

Warning Attack Assessment System; and

(2) submit to the Chairman a report on the findings of

the center with respect to the study conducted under paragraph

(1).

(b) E

LEMENTS

.—The study conducted pursuant to an agreement

under subsection (a) shall cover the following:

(1) Future air and missile threats to the United States.

(2) The integration of multi-domain sensor data and their

ground systems with the existing architecture of the Integrated

Tactical Warning Attack Assessment System.

(3) The effect of the integration described in paragraph

(2) on the data reliability standards of the Integrated Tactical

Warning Attack Assessment System.

(4) Future data visualization, conferencing, and decision-

making capabilities of such system.

(5) Such other matters as the Chairman considers relevant

to the study.

EPORT

.—Not later than 270 days after the date of the

enactment of this Act, the Chairman shall submit to the congres-

sional defense committees—

(1) the report submitted to the Chairman under subsection

(a)(2); and

(2) the assessment of the Chairman with respect to the

findings in such report and the recommendations of the Chair-

man with respect to modernizing the Integrated Tactical

Warning Attack Assessment System.

SEC. 1690. RESEARCH AND ANALYSIS ON MULTIPOLAR DETERRENCE

AND ESCALATION DYNAMICS.

(a) I

ENERAL

.—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 university affiliated research

center with expertise in strategic deterrence to conduct research

and analysis on multipolar deterrence and escalation dynamics.

(b) E

LEMENTS

.—The research and analysis conducted under

subsection (a) shall include assessment of the following:

(1) Implications for strategic deterrence and allied assur-

ance given the emergence of a second near-peer nuclear power.

(2) Potential alternative conventional, strategic, and

nuclear force structures to optimize deterrence of two near-

peer nuclear powers.

(3) The contribution made by countervailing nonstrategic

capabilities to strategic deterrence.

(4) Escalation patterns arising from Russia’s Strategic

Operations to Destroy Critically Important Targets operational

concept and response options for the United States.

(5) Multilateral efforts that could contribute to multipolar

strategic deterrence and escalation dynamics.

(6) Capabilities and operations sufficient to assure Euro-

pean and Pacific allies.

EPORT

EQUIRED

.—

Russia.

Deadline.

Contracts.

Assessment.

Recommenda-

tions.

Reports.

Contracts.

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137 STAT. 624 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N GENERAL

.—Not later than March 1, 2025, the Sec-

retary of Defense shall submit to the congressional defense

committees a report that includes the results of the research

and analysis conducted under subsection (a).

(2) F

ORM

.—The report under paragraph (1) shall be sub-

mitted in unclassified form, but may include a classified annex.

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.

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.

SEC. 1701. SHORT TITLE.

This title may be cited as the ‘‘Space Force Personnel Manage-

ment Act’’.

Subtitle A—Space Force Military

Personnel System Without Component

SEC. 1711. ESTABLISHMENT OF MILITARY PERSONNEL MANAGEMENT

SYSTEM FOR THE SPACE FORCE.

Title 10, United States Code, is amended by adding at the

end the following new subtitle:

10 USC 101 note.

Space Force

Personnel

Management Act.

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137 STAT. 625 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘Subtitle F—Alternative Military

Personnel Systems

‘‘PART I—SPACE FORCE

‘‘CHAPTER 2001— SPACE FORCE PERSONNEL SYSTEM

‘‘Sec.

‘‘20001. Single military personnel management system.

‘‘20002. Members: duty status.

‘‘20003. Members: minimum service requirement as applied to Space Force.

‘‘§ 20001. Single military personnel management system

‘‘Members of the Space Force shall be managed through a

single military personnel management system, without component.’’.

‘‘Chap. ....................................................................................................................

‘‘2001. Space Force Personnel System ................................................................20001

‘‘2003. Status and Participation ..........................................................................20101

‘‘2005. Officers .......................................................................................................20201

‘‘2007. Enlisted Members. ....................................................................................20301

‘‘2009. Retention and Separation Generally .......................................................20401

‘‘2011. Separation of Officers for Substandard Performance of Duty or for

Certain Other Reasons ............................................................................20501

‘‘2013. Retirement .................................................................................................20601’’.

SEC. 1712. COMPOSITION OF THE SPACE FORCE WITHOUT COMPO-

NENT.

(a) C

OMPOSITION OF THE

PACE

ORCE

.—Section 9081(b) of

title 10, United States Code, is amended—

(1) by striking paragraph (1);

(2) by redesignating paragraphs (2) and (3) as paragraphs

(1) and (2), respectively; and

(3) in paragraph (1), as so redesignated, by striking ‘‘,

including’’ and all that follows through ‘‘emergency’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall take effect on the date of the certification by the Secretary

of the Air Force under section 1745.

SEC. 1713. DEFINITIONS FOR SINGLE PERSONNEL MANAGEMENT

SYSTEM FOR THE SPACE FORCE.

(a) S

PACE

ORCE

EFINITIONS

.—Section 101 of title 10, United

States Code, is amended—

(1) by redesignating subsections (e), (f), and (g) as sub-

sections (f), (g), and (h), respectively; and

(2) by inserting after subsection (d) the following new sub-

section (e):

‘‘(e) S

PACE

ORCE

.—The following definitions relating to mem-

bers of the Space Force apply in this title:

‘‘(1) The term ‘space force active status’ means the status

of a member of the Space Force who is not in a space force

inactive status and is not retired.

‘‘(2) The term ‘space force inactive status’ means the status

of a member of the Space Force who is designated by the

Secretary of the Air Force, under regulations prescribed by

the Secretary, as being in a space force inactive status.

‘‘(3) The term ‘space force retired status’ means the status

of a member of the Space Force who—

‘‘(A) is receiving retired pay ; or

10 USC 9081

note.

10 USC 20001.

10 USC

prec. 20001.

10 USC

prec. 20001.

10 USC

prec. 101,

prec. 20001.

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137 STAT. 626 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) but for being under the eligibility age applicable

under section 12731 of this title, would be eligible for

retired pay under chapter 1223 of this title.

‘‘(4) The term ‘sustained duty’ means full-time duty by

a member of the Space Force ordered to such duty by an

authority designated by the Secretary of the Air Force—

‘‘(A) in the case of an officer—

‘‘(i) to fulfill the terms of an active-duty service

commitment incurred by the officer under any provi-

sion of law; or

‘‘(ii) with the consent of the officer; and

‘‘(B) in the case of an enlisted member, with the consent

of the enlisted member as specified in the terms of the

member’s enlistment or reenlistment agreement.’’.

(b) A

MENDMENTS TO

XISTING

UTY

TATUS

EFINITIONS

.—

Subsection (d) of such section is amended—

(1) in paragraph (1), by inserting ‘‘, including sustained

duty in the Space Force’’ after ‘‘United States’’; and

(2) in paragraph (7), by inserting ‘‘, or a member of the

Space Force,’’ after ‘‘Reserves’’ in subparagraphs (A) and (B).

SEC. 1714. BASIC POLICIES RELATING TO SERVICE IN THE SPACE

FORCE.

Chapter 2001 of title 10, United States Code, as added by

section 1711, is amended by adding at the end the following new

sections:

‘‘§ 20002. Members: duty status

‘‘Under regulations prescribed by the Secretary of the Air Force,

each member of the Space Force shall be placed in one of the

following duty statuses:

‘‘(1) Space Force active status.

‘‘(2) Space Force inactive status.

‘‘(3) Space Force retired status.

‘‘§ 20003. Members: minimum service requirement as applied

to Space Force

‘‘(a) I

NAPPLICABILITY OF

CTIVE

RESERVE

ERVICE

ISTINC

TION

.—In applying section 651 of this title to a person who becomes

a member of the Space Force, the provisions of the second sentence

of subsection (a) and of subsection (b) of that section (relating

to service in a reserve component) are inapplicable.

‘‘(b) T

REATMENT

PON

RANSFER

UT OF

PACE

ORCE

.—A

member of the Space Force who transfers to one of the other

armed forces before completing the service required by subsection

(a) of section 651 of this title shall upon such transfer be subject

to section 651 of this title in the same manner as if such member

had initially entered the armed force to which the member trans-

fers.’’.

SEC. 1715. STATUS AND PARTICIPATION.

Subtitle F of title 10, United States Code, as added by section

1711, is amended by adding at the end the following new chapter:

‘‘CHAPTER 2003—STATUS AND PARTICIPATION

‘‘Sec.

‘‘20101. Members in Space Force active status: amount of annual training or active

duty service required.

10 USC

prec. 20101.

10 USC 20003.

10 USC 20002.

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137 STAT. 627 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘20102. Individual ready guardians: designation; mobilization category.

‘‘20103. Members not on sustained duty: agreements concerning conditions of serv-

ice.

‘‘20104. Orders to active duty: with consent of member.

‘‘20105. Sustained duty.

‘‘20106. Orders to active duty: without consent of member.

‘‘20107. Transfer to inactive status: initial service obligation not complete.

‘‘20108. Members of Space Force: credit for service for purposes of laws providing

pay and benefits for members, dependents, and survivors.

‘‘20109. Policy for order to active duty based upon determination by Congress.

‘‘§ 20101. Members in Space Force active status: amount of

annual training or active duty service required

‘‘Except as specifically provided in regulations prescribed by

the Secretary of Defense, a member of the Space Force in a space

force active status who is not serving on sustained duty shall

be required to—

‘‘(1) participate in at least 48 scheduled drills or training

periods during each year and serve on active duty for not

less than 14 days (exclusive of travel time) during each year;

‘‘(2) serve on active duty for training for not more than

30 days during each year.

‘‘§ 20102. Individual ready guardians: designation; mobiliza-

tion category

‘‘(a) I

ENERAL

.—Under regulations prescribed by the Sec-

retary of Defense, the Secretary of the Air Force may designate

a member of the Space Force in a space force active status as

an Individual Ready Guardian.

‘‘(b) M

OBILIZATION

ATEGORY

.—

‘‘(1) I

N GENERAL

.—Among members of the Space Force des-

ignated as Individual Ready Guardians, there is a category

of members (referred to as a ‘mobilization category’) who, as

designated by the Secretary of the Air Force, are subject to

being ordered to active duty without their consent in accordance

with section 20106(a) of this title.

‘‘(2) L

IMITATIONS ON PLACEMENT IN MOBILIZATION CAT

EGORY

.—A member designated as an Individual Ready

Guardian may not be placed in the mobilization category

referred to in paragraph (1) unless—

‘‘(A) the member volunteers to be placed in that

mobilization category; and

‘‘(B) the member is selected by the Secretary of the

Air Force, based upon the needs of the Space Force and

the grade and military skills of that member.

‘‘(3) L

IMITATION ON TIME IN MOBILIZATION CATEGORY

.—A

member of the Space Force in a space force active status

may not remain designated an Individual Ready Guardian in

such mobilization category after the end of the 24-month period

beginning on the date of the separation of the member from

active service.

‘‘(4) D

ESIGNATION OF GRADES AND MILITARY SKILLS OR

SPECIALTIES

.—The Secretary of the Air Force shall designate

the grades and military skills or specialties of members to

be eligible for placement in such mobilization category.

‘‘(5) B

ENEFITS

.—A member in such mobilization category

shall be eligible for benefits (other than pay and training)

on the same basis as are available to members of the Individual

Time period.

10 USC

prec. 20101,

20102.

Time periods.

10 USC

prec. 20101,

20101.

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137 STAT. 628 PUBLIC LAW 118–31—DEC. 22, 2023

Ready Reserve who are in the special mobilization category

under section 10144(b) of this title, as determined by the Sec-

retary of Defense.

‘‘§ 20103. Members not on sustained duty: agreements con-

cerning conditions of service

‘‘(a) A

GREEMENTS

.—The Secretary of the Air Force may enter

into a written agreement with a member of the Space Force not

on sustained duty—

‘‘(1) requiring the member to serve on active duty for a

definite period of time;

‘‘(2) specifying the conditions of the member’s service on

active duty; and

‘‘(3) for a member serving in a space force inactive status,

specifying the conditions for the member’s continued service

as well as order to active duty with and without the consent

of the member.

‘‘(b) C

ONDITIONS OF

ERVICE

.—An agreement under subsection

(a) shall specify the conditions of service. The Secretary of the

Air Force shall prescribe regulations establishing—

‘‘(1) what conditions of service may be specified in the

agreement;

‘‘(2) the obligations of the parties; and

‘‘(3) the consequences of failure to comply with the terms

of the agreement.

‘‘(c) A

UTHORITY FOR

ETENTION ON

CTIVE

UTY

URING

ATIONAL

MERGENCY

.—If the period of service on active duty

of a member under an agreement under subsection (a) expires

during a war or during a national emergency declared by Congress

or the President, the member concerned may be kept on active

duty, without the consent of the member, as otherwise prescribed

by law.

‘‘§ 20104. Orders to active duty: with consent of member

‘‘(a) A

UTHORITY

.—A member of the Space Force who is serving

in a space force active status and is not on sustained duty, or

who is serving in a space force inactive status, may, with the

consent of the member, be ordered to active duty, or retained

on active duty, under the following sections of chapter 1209 of

this title in the same manner as applies to a member of a reserve

component ordered to active duty, or retained on active duty, under

that section with the consent of the member:

‘‘(1) Section 12301(d), relating to orders to active duty

at any time with the consent of the member.

‘‘(2) Section 12301(h), relating to orders to active duty

in connection with medical or health care matters.

‘‘(3) Section 12322, relating to active duty for health care.

‘‘(4) Section 12323, relating to active duty pending line

of duty determination required for response to sexual assault.

‘‘(b) A

PPLICABLE

ROVISIONS OF

.—The following sections

of chapter 1209 of this title pertaining to a member of a reserve

component ordered to active duty with the consent of the member

apply to a member of the Space Force who is ordered to active

duty under this section in the same manner as to such a reserve

component member:

‘‘(1) Section 12308, relating to retention after becoming

qualified for retired pay.

10 USC

prec. 20101,

20104.

Regulations.

Contracts.

10 USC

prec. 20101,

20103.

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137 STAT. 629 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) Section 12309, relating to use of Reserve officers in

expansion of armed forces.

‘‘(3) Section 12313, relating to release of reserve members

from active duty.

‘‘(4) Section 12314, relating to kinds of duty.

‘‘(5) Section 12315, relating to duty with or without pay.

‘‘(6) Section 12316, relating to payment of certain Reserves

while on duty.

‘‘(7) Section 12318, relating to duties and funding of reserve

members on active duty.

‘‘(8) Section 12320, relating to grade in which ordered to

active duty.

‘‘(9) Section 12321, relating to a limitation on number of

reserve members assigned to Reserve Officer Training Corps

units.

‘‘§ 20105. Sustained duty

‘‘(a) E

NLISTED

EMBERS

.—An authority designated by the Sec-

retary of the Air Force may order an enlisted member of the

Space Force in a space force active status to sustained duty, or

retain an enlisted member on sustained duty, with the consent

of that member, as specified in the terms of the member’s enlistment

or reenlistment agreement.

‘‘(b) O

FFICERS

.—

‘‘(1) An authority designated by the Secretary of the Air

Force may order a Space Force officer in a space force active

status to sustained duty—

‘‘(A) with the consent of the officer; or

‘‘(B) to fulfill the terms of an active-duty service

commitment incurred by the officer under any provision

of law.

‘‘(2) An officer ordered to sustained duty under paragraph

(1) may not be released from sustained duty without the officer’s

consent except as provided in chapter 2009 or 2011 of this

title.

‘‘§ 20106. Orders to active duty: without consent of member

‘‘(a) M

EMBERS IN A

PACE

ORCE

CTIVE

TATUS

.—

‘‘(1) A member of the Space Force in a space force active

status who is not on sustained duty, may, without the consent

of the member, be ordered to active duty or inactive duty

in the same manner as a member of a reserve component

ordered to active duty or inactive duty under the provisions

of chapter 1209 of this title and any other provision of law

authorizing the order to active duty of a member of a reserve

component in an active status without the consent of the

member.

‘‘(2) The provisions of chapter 1209 of this title, or other

applicable provisions of law, pertaining to a member of the

Ready Reserve when ordered to active duty shall apply to

a member of the Space Force who is in a space force active

status when ordered to active duty under paragraph (1).

‘‘(3) The provisions of section 12304 of this title pertaining

to members in the Individual Ready Reserve mobilization cat-

egory shall apply to a member of the Space Force who is

designated an Individual Ready Guardian when ordered to

Applicability.

10 USC

prec. 20101,

20106.

10 USC

prec. 20101,

20105.

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137 STAT. 630 PUBLIC LAW 118–31—DEC. 22, 2023

active duty who meets the provisions of section 20102(b) of

this title.

‘‘(b) M

EMBERS IN A

PACE

ORCE

NACTIVE

TATUS

.—

‘‘(1) A member of the Space Force in a space force inactive

status may be ordered to active duty under—

‘‘(A) the provisions of chapter 1209 of this title;

‘‘(B) any other provision of law authorizing the order

to active duty of a member of a reserve component in

an inactive status; and

‘‘(C) the terms of any agreement entered into by the

member under section 20103 of this title.

‘‘(2) The provisions of chapter 1209 of this title, or other

applicable provisions of law, pertaining to the Standby Reserve

shall apply to a member of the Space Force who is in a space

force inactive service when ordered to active duty.

‘‘(c) M

EMBERS IN A

PACE

ORCE

ETIRED

TATUS

.—

‘‘(1) Chapters 39 and 1209 of this title include provisions

authorizing the order to active duty of a member of the Space

Force in a space force retired status.

‘‘(2) The provisions of sections 688, 688a, and 12407 of

this title pertaining to a retired member or a member of the

Retired Reserve shall apply to a member of the Space Force

in a space force retired status when ordered to active duty.

‘‘(3) The provisions of section 689 of this title pertaining

to a retired member ordered to active duty shall apply to

a member of the Space Force in a space force retired status

who is ordered to active duty.

‘‘(d) O

THER

PPLICABLE

ROVISIONS

.—The following provisions

of chapter 1209 of this title pertaining shall apply to a member

of the Space Force ordered to active duty in the same manner

as to a Reserve or member of the Retired Reserve ordered to

active duty:

‘‘(1) Section 12305, relating to the authority of the President

to suspend certain laws relating to promotion, retirement, and

separation.

‘‘(2) Section 12308, relating to retention after becoming

qualified for retired pay.

‘‘(3) Section 12313, relating to release from active duty.

‘‘(4) Section 12314, relating to kinds of duty.

‘‘(5) Section 12315, relating to duty with or without pay.

‘‘(6) Section 12316, relating to payment of certain Reserves

while on duty.

‘‘(7) Section 12317, relating to theological students; limita-

tions.

‘‘(8) Section 12320, relating to grade in which ordered to

active duty.

‘‘§ 20107. Transfer to inactive status: initial service obligation

not complete

‘‘(a) G

ENERAL

ULE

.—A member of the Space Force who has

not completed the required minimum service obligation referred

to in section 20003 of this title shall, if terminating space force

active status, be transferred to a space force inactive status and,

unless otherwise designated an Individual Ready Guardian under

section 20102 of this title, shall remain subject to order to active

duty without the member’s consent under section 20106 of this

title.

10 USC

prec. 20101,

20107.

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137 STAT. 631 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(b) E

XCEPTION

.—Subsection (a) does not apply to a member

who is separated from the Space Force by the Secretary of the

Air Force under section 20503 of this title.

‘‘§ 20108. Members of Space Force: credit for service for pur-

poses of laws providing pay and benefits for mem-

bers, dependents, and survivors

‘‘For the purposes of laws providing pay and benefits for mem-

bers of the armed forces and their dependents and beneficiaries:

‘‘(1) Military training, duty, or other service performed

by a member of the Space Force in a space force active status

not on sustained duty shall be considered military training,

duty, or other service, as the case may be, as a member of

a reserve component.

‘‘(2) Sustained duty performed by a member of the Space

Force under section 20105 of this title shall be considered

active duty as a member of a regular component.

‘‘(3) Active duty performed by a member of the Space

Force in a space force active status not on sustained duty

shall be considered active duty as a member of a reserve

component.

‘‘(4) Inactive-duty training performed by a member of the

Space Force shall be considered inactive-duty training as a

member of a reserve component.

‘‘§ 20109. Policy for order to active duty based upon deter-

mination by Congress

‘‘Whenever Congress determines that more units and organiza-

tions capable of conducting space operations are needed for the

national security than are available among those units comprised

of members of the Space Force serving on active duty, members

of the Space Force not serving on active duty shall be ordered

to active duty and retained as long as so needed.’’.

SEC. 1716. OFFICERS.

(a) O

RIGINAL

PPOINTMENTS

.—Subtitle F of title 10, United

States Code, as amended by section 1715, is further amended by

adding at the end the following new chapter:

‘‘CHAPTER 2005—OFFICERS

‘‘SUBCHAPTER I—ORIGINAL APPOINTMENTS

‘‘§ 20201. Original appointments: how made

‘‘(a) I

ENERAL

.—The provisions of section 531 of this title

shall apply to original appointments of commissioned officers in

the Space Force.

‘‘(b) G

RADE

PON

PPOINTMENT

.—(1) The grade of a person

receiving an appointment under this section who at the time of

appointment is credited with service under section 20203 of this

title shall be determined under regulations prescribed by the Sec-

retary of the Defense based upon the amount of service credited.

‘‘(2) The grade of a person receiving an appointment under

this section who at the time of the appointment is a commissioned

officer of a reserve component shall be determined under section

20203(e) of this title.

Determinations.

10 USC

prec. 20201,

20201.

10 USC

prec. 20201.

10 USC

prec. 20201.

10 USC

prec. 20201.

10 USC

prec. 20101,

20109.

10 USC

prec. 20101,

20108.

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137 STAT. 632 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘§ 20202. Original appointments: qualifications

‘‘(a) I

ENERAL

.—An original appointment as a commissioned

officer in the Space Force may be given only to a person who—

‘‘(1) is a citizen of the United States;

‘‘(2) is at least 18 years of age; and

‘‘(3) has such other physical, mental, moral, professional,

and age qualifications as the Secretary of the Air Force may

prescribe by regulation.

‘‘(b) E

XCEPTION

.—A person who is otherwise qualified, but who

has a physical condition that the Secretary of the Air Force deter-

mines will not interfere with the performance of the duties to

which that person may be assigned, may be appointed as an officer

in the Space Force.

‘‘§ 20203. Original appointments: service credit

‘‘(a) I

ENERAL

.—The provisions of section 533 of this title

shall apply to the crediting of prior active commissioned service

for original appointments of commissioned officers.

‘‘(b) C

REDIT FOR

RIOR

ERVICE

.—(1) For the purpose of deter-

mining the grade and rank within grade of a person receiving

an original appointment in a commissioned grade in the Space

Force, such person shall be credited at the time of such appointment

with any commissioned service (other than service as a commis-

sioned warrant officer) that the person performed before such

appointment—

‘‘(A) as a Space Force officer on active duty or in a space

force active status; or

‘‘(B) as a regular officer, or as a reserve officer in an

active status, in any uniformed service.

‘‘(2) The regulations prescribed by the Secretary of Defense

under section 533 of this title shall apply to the Space Force

to authorize the Secretary of the Air Force to limit the amount

of prior active commissioned service with which a person receiving

an original appointment may be credited under paragraph (1).

‘‘(b) C

REDIT FOR

DUCATION

, T

RAINING

AND

XPERIENCE

.—(1)

Under regulations prescribed by the Secretary of the Air Force,

the Secretary shall credit a person who is receiving an original

appointment in a commissioned grade in the Space Force and

who has advanced education, training, or special experience with

constructive service for such education, training, or experience in

a particular officer career field as designated by the Secretary

of the Air Force, if such education, training, or experience is directly

related to the operational needs of the Space Force.

‘‘(2)(A) The Secretary may credit a person with constructive

service under this subsection for each instance of relevant advanced

education or training or special experience regardless of whether

two or more such instances are concurrent.

‘‘(B) The Secretary may not credit more than 20 persons with

an amount of constructive credit under this paragraph in any

year.

‘‘(3) The amount of constructive service credited an officer under

this subsection may not exceed the amount required in order for

the officer to be eligible for an original appointment in the grade

of colonel.

‘‘(4) Constructive service credited an officer under this sub-

section is in addition to any service credited that officer under

Applicability.

10 USC

prec. 20201,

20203.

Determinations.

10 USC

prec. 20201,

20202.

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137 STAT. 633 PUBLIC LAW 118–31—DEC. 22, 2023

subsection (a) and shall be credited at the time of the original

appointment of the officer.

‘‘(5) Not later than December 1 of each year, the Secretary

of the Air Force shall submit a report to the Committees on Armed

Services of the Senate and House of Representatives regarding

the amount of constructive service credited under this subsection

during the preceding calendar year.

‘‘(c) A

UTHORIZED

SE OF

ONSTRUCTIVE

REDIT

.—Constructive

service credited an officer under subsection (b) shall be used only

for determining the officer’s—

‘‘(1) initial grade;

‘‘(2) rank in grade; and

‘‘(3) service in grade for promotion eligibility.

‘‘(d) E

XCLUSION FOR

RADUATES OF THE

ERVICE

CADEMIES

.—

A graduate of a Service Academy (as such term is defined in

section 347 of this title) is not entitled to service credit under

this section for service performed, or education, training, or experi-

ence obtained, before graduation from such Service Academy.

‘‘(e) R

ESERVE

FFICERS

.—A reserve officer (other than a war-

rant officer) who receives an original appointment as an officer

in the Space Force shall—

‘‘(1) in the case of an officer on the active-duty list of

an armed force immediately before that appointment, be

appointed in the same grade and with the same date of rank

as the grade and date of rank held by the officer on the

active-duty list immediately before the appointment; and

‘‘(2) in the case of an officer not on the active-duty list

immediately before that appointment, be appointed in the same

grade and with the same date of rank as the grade and date

of rank which the officer would have held had the officer

been serving on the active-duty list on the date of the appoint-

ment.

‘‘(f) C

ONTINUITY OF

XISTING

ELEGATION OF

RESIDENTIAL

PPOINTMENT

UNCTIONS

.—Except as otherwise provided by the

President by Executive order, the provisions of Executive Order

13384 (10 U.S.C. 531 note) relating to the functions of the President

under section 531(a) of this title shall apply in the same manner

to functions of the President under section 20201 of this title.’’.

(b) C

ONFORMING

MENDMENTS

ELATING TO

RIGINAL

PPOINT

MENTS

.—

(1) D

EFINITIONS

.—Section 101 of title 10, United States

Code, is amended in subsection (b)(10) by inserting before the

period at the end the following: ‘‘and, with respect to the

appointment of a member of the armed forces in the Space

Force, refers to that member’s most recent appointment in

the Space Force that is neither a promotion nor a demotion’’.

(2) O

RIGINAL APPOINTMENTS OF COMMISSIONED OFFICERS

.—

Section 531 of such title is amended by striking ‘‘Regular’’

before ‘‘Space Force’’ each place it appears.

(3) Q

UALIFICATIONS FOR ORIGINAL APPOINTMENT AS A

COMMISSIONED OFFICER

.—Section 532(a) of such title is

amended by striking ‘‘Regular Marine Corps, or Regular Space

Force’’ and inserting ‘‘or Regular Marine Corps’’.

(4) S

ERVICE CREDIT UPON ORIGINAL APPOINTMENT AS A

COMMISSIONED OFFICER

.—Section 533 of such title is amended

by striking ‘‘Regular’’ before ‘‘Space Force’’ each place it appears.

Applicability.

Determinations.

Reports.

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137 STAT. 634 PUBLIC LAW 118–31—DEC. 22, 2023

ELECTION

OARDS AND

ROMOTIONS

.—Chapter 205 of title

10, United States Code, as added by subsection (a), is amended

by adding at the end the following new subchapters:

‘‘SUBCHAPTER II—SELECTION BOARDS

‘‘§ 20211. Convening of selection boards

‘‘(a) I

ENERAL

.—Whenever the needs of the service require,

the Secretary of the Air Force shall convene selection boards to

recommend for promotion to the next higher permanent grade offi-

cers of the Space Force in each permanent grade from first lieuten-

ant through brigadier general.

‘‘(b) E

XCEPTION FOR

FFICERS IN

RADE OF

IRST

IEUTEN

ANT

.—Subsection (a) does not require the convening of a selection

board in the case of Space Force officers in the permanent grade

of first lieutenant when the Secretary of the Air Force recommends

for promotion to the grade of captain under section 20238(a)(4)(A)

of this title all such officers whom the Secretary finds to be fully

qualified for promotion.

‘‘(c) S

ELECTION

OARDS FOR

ARLY

ETIREMENT OR

CHARGE

.—The Secretary of the Air Force may convene selection

boards to recommend officers for early retirement under section

20404(a) of this title or for discharge under section 20404(b) of

this title.

‘‘(d) R

EGULATIONS

.—The convening of selection boards under

subsection (a) shall be under regulations prescribed by the Secretary

of the Defense.

‘‘§ 20212. Composition of selection boards

‘‘(a) A

PPOINTMENT AND

OMPOSITION OF

OARDS

.—

‘‘(1) I

N GENERAL

.—Members of a selection board shall be

appointed by the Secretary of Air Force in accordance with

this section. A selection board shall consist of five or more

officers of the Space Force. Each member of a selection board

must be serving in a grade higher than the grade of the officers

under consideration by the board, except that no member of

a board may be serving in a grade below major. The members

of a selection board shall include at least one member serving

on sustained duty and at least one member in a space force

active status who is not serving on sustained duty. The ratio

of the members of a selection board serving on sustained duty

to members serving in a space force active status not on sus-

tained duty shall, to the extent practicable, reflect the ratio

of officers serving in each of those statuses who are being

considered for promotion by the board. The members of a selec-

tion board shall represent the diverse population of the Space

Force to the extent practicable.

‘‘(2) R

EPRESENTATION FROM COMPETITIVE CATEGORIES

.—(A)

Except as provided in subparagraph (B), a selection board shall

include at least one officer from each competitive category

of officers to be considered by the board.

‘‘(B) A selection board need not include an officer from

a competitive category when there are no officers of that

competitive category on the Space Force officer list in a grade

higher than the grade of the officers to be considered by the

board and eligible to serve on the board.

10 USC

prec. 20211,

20212.

10 USC

prec. 20211,

20211.

10 USC

prec. 20211.

10 USC

prec. 20201,

prec. 20211,

prec. 20231,

prec. 20251,

prec. 20261.

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137 STAT. 635 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(3) R

ETIRED OFFICERS

.—If qualified officers on the Space

Force officer list are not available in sufficient number to com-

prise a selection board, the Secretary of the Air Force shall

complete the membership of the board by appointing as mem-

bers of the board—

‘‘(A) Space Force officers who hold a grade higher than

the grade of the officers under consideration by the board

and who are retired officers; and

‘‘(B) if sufficient Space Force officers are not available

pursuant to subparagraph (A), Air Force officers who hold

a grade higher than the grade of the officers under consider-

ation by the board and who are retired officers, but only

if the Air Force officer to be appointed to the board has

served in the Space Force or in a space-related career

field of the Air Force for sufficient time such that the

Secretary of the Air Force determines that the retired

Air Force officer has adequate knowledge concerning the

standards of performance and conduct required of an officer

of the Space Force.

‘‘(4) E

XCLUSION OF RETIRED GENERAL OFFICERS ON ACTIVE

DUTY TO SERVE ON A BOARD FROM NUMERIC GENERAL OFFICER

ACTIVE

DUTY LIMITATIONS

.—A retired general officer who is on

active duty for the purpose of serving on a selection board

shall not, while so serving, be counted against any limitation

on the number of general and flag officers who may be on

active duty.

‘‘(b) L

IMITATION ON

EMBERSHIP ON

ONSECUTIVE

OARDS

.—

‘‘(1) G

ENERAL RULE

.—Except as provided in paragraph (2),

no officer may be a member of two successive selection boards

convened under section 20211 of this title for the consideration

of officers of the same competitive category and grade.

‘‘(2) E

XCEPTION FOR GENERAL OFFICER BOARDS

.—Paragraph

(1) does not apply with respect to selection boards convened

under section 20211 of this title for the consideration of officers

in the grade of colonel or brigadier general.

‘‘(c) J

OINT

UALIFIED

FFICERS

.—(1) Each selection board con-

vened under section 20211 of this title that will consider an officer

described in paragraph (2) shall include at least one officer des-

ignated by the Chairman of the Joint Chiefs of Staff who is a

joint qualified officer.

‘‘(2) Paragraph (1) applies with respect to an officer who—

‘‘(A) is serving on, or has served on, the Joint Staff; or

‘‘(B) is a joint qualified officer.

‘‘(3) The Secretary of Defense may waive the requirement in

paragraph (1) for any selection board of the Space Force.

‘‘§ 20213. Notice of convening of selection boards

‘‘(a) N

OTICE TO

LIGIBLE

FFICERS

.—At least 30 days before

a selection board is convened under section 20211 of this title

to recommend officers in a grade for promotion to the next higher

grade, the Secretary of the Air Force shall—

‘‘(1) notify in writing the officers eligible for consideration

for promotion of the date on which the board is to convene

and the name and date of rank of the junior officer, and

of the senior officer, in the promotion zone as of the date

of the notification; or

Time period.

10 USC

prec. 20211,

20213.

Waiver authority.

Applicability.

Designation.

Determination.

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137 STAT. 636 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) issue a general written notice to the Space Force

regarding the convening of the board which shall include the

convening date of the board and the name and date of rank

of the junior officer, and of the senior officer, in the promotion

zone as of the date of the notification.

‘‘(b) C

OMMUNICATION

ROM

FFICERS

.—An officer eligible for

consideration by a selection board convened under section 20211

of this title (other than an officer who has been excluded under

section 20231(d) of this title from consideration by the board) may

send a written communication to the board, to arrive not later

than 10 calendar days before the date on which the board convenes,

calling attention to any matter concerning the officer that the

officer considers important to the officer’s case. The selection board

shall give consideration to any timely communication under this

subsection.

‘‘(c) N

OTICE OF

NTENT OF

ERTAIN

FFICERS

ERVE ON

CTIVE

UTY

.—An officer on the Space Force officer list

in the grade of colonel or brigadier general who receives a notice

under subsection (a) shall inform the Secretary of the officer’s

preference to serve either on or off sustained duty if promoted

to the grade of brigadier general or major general, respectively.

‘‘§ 20214. Information furnished to selection boards

‘‘The provisions of section 615 of this title shall apply to

information furnished to selection boards.

‘‘§ 20215. Recommendations for promotion by selection

boards

‘‘(a) B

OARD TO

ECOMMEND

FFICERS

EST

UALIFIED FOR

ROMOTION

.—A selection board convened under section 20211 of

this title shall recommend for promotion to the next higher grade

those officers considered by the board whom the board, giving

due consideration to the needs of the Space Force for officers with

particular skills (as noted in the guidelines or information furnished

the board under section 615(b) of this title), considers best qualified

for promotion within each competitive category considered by the

board.

‘‘(b) N

UMBER TO

ECOMMENDED

.—The Secretary of the Air

Force shall establish the number of officers such a selection board

may recommend for promotion from among officers being consid-

ered.

‘‘(c) B

OARD

ROCEDURES FOR

ECOMMENDATIONS

; L

IMITA

TIONS

.—A selection board convened under section 20211 of this

title may not recommend an officer for promotion unless—

‘‘(1) the officer receives the recommendation of a majority

of the members of the board;

‘‘(2) a majority of the members of the board finds that

the officer is fully qualified for promotion; and

‘‘(3) a majority of the members of the board, after consider-

ation by all members of the board of any adverse information

about the officer that is provided to the board under section

615 of this title, finds that the officer is among the officers

best qualified for promotion to meet the needs of the Space

Force consistent with the requirement of exemplary conduct

set forth in section 9233 of this title.

‘‘(d) L

IMITATION ON

ROMOTIONS

NDER

THER

UTHORITY

.—

Except as otherwise provided by law, a Space Force officer may

10 USC

prec. 20211,

20215.

Applicability.

10 USC

prec. 20211,

20214.

Deadline.

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137 STAT. 637 PUBLIC LAW 118–31—DEC. 22, 2023

not be promoted to a higher grade under this chapter unless the

officer is considered and recommended for promotion to that grade

by a selection board convened under this chapter or, in the case

of an officer transferring into the Space Force from another armed

force, chapter 36 or chapter 1403 of this title.

‘‘(e) D

ISCLOSURE OF

OARD

ECOMMENDATIONS

.—The rec-

ommendations of a selection board may be disclosed only in accord-

ance with regulations prescribed by the Secretary of Defense. Those

recommendations may not be disclosed to a person not a member

of the board (or a member of the administrative staff designated

by the Secretary of the Air Force to assist the board) until the

written report of the recommendations of the board, required by

section 617 of this title, is signed by each member of the board.

‘‘(f) P

ROHIBITION ON

TTEMPTING TO

NFLUENCE

EMBERS OF

OARD

.—The Secretary of the Air Force, and an officer or other

official exercising authority over any member of a selection board,

may not—

‘‘(1) censure, reprimand, or admonish the selection board

or any member of the board with respect to the recommenda-

tions of the board or the exercise of any lawful function within

the authorized discretion of the board; or

‘‘(2) attempt to coerce or, by any unauthorized means,

influence any action of a selection board or any member of

a selection board in the formulation of the board’s recommenda-

tions.

‘‘(g) H

IGHER

LACEMENT ON

ROMOTION

IST OF

FFICER OF

ARTICULAR

ERIT

.—(1) In selecting the officers to be recommended

for promotion, a selection board shall, when authorized by the

Secretary of the Air Force, recommend officers of particular merit,

pursuant to guidelines and procedures prescribed by the Secretary,

from among those officers selected for promotion, to be placed

higher on the promotion list established by the Secretary under

section 624(a)(1) of this title.

‘‘(2) An officer may be recommended to be placed higher on

a promotion list under paragraph (1) only if the officer receives

the recommendation of at least a majority of the members of the

board, unless the Secretary of the Air Force establishes an alter-

native requirement. Any such alternative requirement shall be fur-

nished to the board as part of the guidelines furnished to the

board under section 615 of this title.

‘‘(3) For the officers recommended to be placed higher on a

promotion list under paragraph (1), the board shall recommend,

pursuant to guidelines and procedures prescribed by the Secretary,

the order in which those officers should be placed on the list.

‘‘§ 20216. Reports of selection boards

‘‘(a) I

ENERAL

.—Each selection board convened under section

20211 of this title shall submit to the Secretary of the Air Force

a written report, signed by each member of the board, containing

a list of the names of the officers it recommends for promotion

and certifying—

‘‘(1) that the board has carefully considered the record

of each officer whose name was furnished to it under section

615 of this title; and

‘‘(2) that, in the opinion of a majority of the members

of the board, the officers recommended for promotion by the

board are best qualified for promotion to meet the needs of

List.

Recommenda-

tions.

Certification.

10 USC

prec. 20211,

20216.

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137 STAT. 638 PUBLIC LAW 118–31—DEC. 22, 2023

the Space Force (as noted in the guidelines or information

furnished the board under section 615(b) of this title) among

those officers whose names were furnished to the selection

board.

‘‘(b) O

FFICERS

HOULD

EQUIRED TO

HOW

AUSE

FOR

ETENTION

.—A selection board convened under section 20211

of this title shall include in its report the name of any officer

before it for consideration for promotion whose record, in the opinion

of a majority of the members of the board, indicates that the

officer should be required under section 20503 of this title to show

cause for the officer’s retention in a space force active status.

‘‘(c) O

FFICERS

ECOMMENDED TO

LACED

IGHER ON THE

ROMOTION

IST

.—A selection board convened under section 20211

of this title shall, when authorized under section 20214(g) of this

title, include in its report the names of those officers recommended

by the board to be placed higher on the promotion list and the

order in which the board recommends that those officers should

be placed on the list.

‘‘(d) R

ECOMMENDATION FOR

FFICERS TO

XCLUDED

ROM

UTURE

ONSIDERATION FOR

ROMOTION

.—A selection board con-

vened under section 20211 of this title may include in its report

a recommendation that an officer considered by the board be

excluded from future consideration for promotion under this

chapter.

‘‘§ 20217. Action on reports of selection boards for promotion

to brigadier general or major general

‘‘(a) I

ENERAL

.—After reviewing a report received under sec-

tion 20215 of this title recommending officers on the Space Force

officer list for promotion to the grade of brigadier general or major

general, but before submitting the report to the Secretary of

Defense, the Secretary of the Air Force may, under regulations

prescribed by the Secretary of the Air Force, adjust the placement

of officers as recommended in the report in order to ensure that

sufficient number of officers on both sustained and non-sustained

duty are promoted to meet the requirements of the Space Force

to fill general officer vacancies.

‘‘(b) R

EPORT

.—Whenever the Secretary of the Air Force uses

the authority under subsection (a), the Secretary shall submit to

the Committees on Armed Services of the Senate and House of

Representatives a report informing the committees that the

authority has been used and the reason for the use of the authority.

‘‘SUBCHAPTER III—PROMOTIONS

‘‘§ 20231. Eligibility for consideration for promotion: general

rules

‘‘(a) I

ENERAL

.—

‘‘(1) R

EQUIREMENT TO BE ON SPACE FORCE OFFICER LIST

.—

An officer is eligible under this chapter for consideration for

promotion by a selection board convened under section 14101(a)

of this title only if the officer is on the Space Force officer

list.

‘‘(2) A

UTHORITY TO PRECLUDE FROM CONSIDERATION CERTAIN

OFFICERS BASED ON TIME OF ENTRY ON OR DEPARTURE FROM

SUSTAINED DUTY

.—The Secretary of the Air Force—

Deadlines.

10 USC

prec. 20231,

20231.

10 USC

prec. 20231.

10 USC

prec. 20211,

20217.

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137 STAT. 639 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) may, by regulation, prescribe a period of time,

not to exceed one year, from the time an officer on the

Space Force officer list transfers on or off of sustained

duty during which the officer shall be ineligible for consid-

eration for promotion; and

‘‘(B) may, by regulation, provide for the exclusion from

consideration for promotion by a selection board of an

officer otherwise eligible to be considered by the board

who has an established date for removal from the Space

Force officer list that is not more than 90 days after the

date on which the board is to be convened.

‘‘(b) C

ERTAIN

FFICERS

OT TO

ONSIDERED

.—A selection

board convened under section 20211 of this title may not consider

for promotion to the next higher grade any of the following officers:

‘‘(1) An officer whose name is on a promotion list for that

grade as a result of recommendation for promotion to that

grade by an earlier selection board convened under that section

or section 20151 of this title, under section 14101 or 14502

of this title, or under chapter 36 of this title.

‘‘(2) An officer who is recommended for promotion to that

grade in the report of an earlier selection board convened

under a provision referred to in paragraph (1), in the case

of such a report that has not yet been approved by the Presi-

dent.

‘‘(3) An officer who has been nominated by the President

for promotion to that grade under any other provision of law,

if that nomination is pending before the Senate.

‘‘(4) An officer in the grade of first lieutenant who is on

an approved all-fully-qualified-officers list under section

20238(a)(4) of this title.

‘‘(5) An officer excluded under 20232 of this title.

‘‘(6) 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 20234 of this title.

‘‘(c) C

ERTAIN

OLONELS

.—

‘‘(1) A

UTHORITY TO PRECLUDE FROM CONSIDERATION

.—The

Secretary of Defense may authorize the Secretary of the Air

Force to preclude from consideration by selection boards for

promotion to the grade of brigadier general, officers in the

grade of colonel who—

‘‘(A) have been considered and not selected for pro-

motion to the grade of brigadier general or by at least

two selection boards; and

‘‘(B) are determined, in accordance with standards and

procedures prescribed pursuant to paragraph (2), as not

being exceptionally well qualified for promotion.

‘‘(2) R

EGULATIONS

.—If the Secretary of Defense authorizes

the Secretary of the Air Force to have the authority described

in subparagraph (A), the Secretary shall prescribe by regulation

the standards and procedures for the exercise of such authority.

Those regulations shall apply uniformly among the military

departments and shall include the following provisions:

‘‘(A) A requirement that the Secretary of the Air Force

may exercise such authority in the case of a particular

selection board only if the Secretary of Defense approves

the exercise of that authority for that board.

Applicability.

Standards.

Procedures.

Requirements.

Determination.

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137 STAT. 640 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) A requirement that an officer may be precluded

from consideration by a selection board under this para-

graph only upon the recommendation of a preselection

board of officers convened by the Secretary of the military

department concerned and composed of at least three offi-

cers all of whom are serving in a grade higher than the

grade of such officer.

‘‘(C) A requirement that such a preselection board may

not recommend that an officer be precluded from such

consideration unless the Secretary of the Air Force has

given the officer advance written notice of the convening

of such board and of the military records that will be

considered by the board and has given the officer a reason-

able period before the convening of the board in which

to submit comments to the board.

‘‘(D) A requirement that the Secretary of the Air Force

shall provide general guidance to the board in accordance

with standards and procedures prescribed by the Secretary

of Defense in those regulations.

‘‘(E) A requirement that the preselection board may

recommend that an officer be precluded from consideration

by a selection board only on the basis of the general guid-

ance provided by the Secretary Air Force, information in

the officer’s official military personnel records that has

been described in the notice provided the officer as required

pursuant to subparagraph (C), and any communication to

the board received from that officer before the board con-

venes.

‘‘(d) B

RIGADIER

ENERALS

.—

‘‘(1) O

FFICERS NOT ON SPACE FORCE OFFICER LIST

.—A briga-

dier general who is not eligible for consideration for promotion

because the officer is not on the Space Force officer list (as

required by paragraph (1) of subsection (a) for such eligibility)

is nevertheless eligible for consideration for promotion to the

grade of major general by a selection board convened under

section 20211(a) of this title if—

‘‘(A) as of the date of the convening of the promotion

board, the officer has been in an inactive status for less

than the minimum threshold established in paragraph (2)

of subsection (a); and

‘‘(B) immediately before the date of the officer’s most

recent transfer to an inactive status, the officer had

continuously served on the Space Force officer list for at

least one year.

‘‘(2) O

FFICERS NOT MEETING MINIMUM PARTICIPATION

THRESHOLD

.—A brigadier general who is on the Space Force

officer list but who is not eligible for consideration for promotion

because the officer’s service does not meet the minimum partici-

pation threshold established under subsection (a)(2) is neverthe-

less eligible for consideration for promotion to the grade of

major general by a promotion board convened under section

20211(a) of this title if—

‘‘(A) the officer was transferred from an inactive status

to the reserve active-status list during the one-year period

preceding the date of the convening of the promotion board;

Time period.

Effective date.

Time periods.

Recommenda-

tion.

Guidance.

Notice.

Recommenda-

tion.

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137 STAT. 641 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) immediately before the date of the officer’s most

recent transfer to an active status, the officer had been

in an inactive status for less than one year; and

‘‘(C) immediately before the date of the officer’s most

recent transfer to an inactive status, the officer had

continuously served for at least one year on the reserve

active-status list or the active-duty list (or a combination

of the reserve active-status list and the active-duty list).

‘‘(e) O

FFICERS ON

DUCATIONAL

ELAY

.—An officer on the Space

Force officer list is ineligible for consideration for promotion, but

shall remain on the Space Force officer list, while the officer—

‘‘(1) is pursuing a program of graduate level education

in an educational delay status approved by the Secretary con-

cerned; and

‘‘(2) is receiving from the Secretary financial assistance

in connection with the pursuit of that program of education

while in that status.

‘‘(f) C

ERTAIN

FFICERS

OT TO

ONSIDERED FOR

ELECTION

FOR

ROMOTION

.—The Secretary of the Air Force may provide that

an officer who is in a space force active status, but is in a duty

status in which the only points the officer accrues under section

12732(a)(2) of this title are pursuant to subparagraph (C)(i) of

that section, shall not be considered for selection for promotion

until completion of two years of service in such duty status. Any

such officer may remain on the Space Force officer list.

‘‘§ 20232. Authority to allow officers to opt out of selection

board consideration

‘‘(a) A

UTHORITY

.—The Secretary of the Air Force may provide

that an officer on the Space Force officer list may, upon the officer’s

request and with the approval of the Secretary, be excluded from

consideration by a selection board convened under section 20211

of this title to consider officers for promotion to the next higher

grade.

‘‘(b) C

RITERIA

.—The Secretary may only approve a request

under subsection (a) as follows:

‘‘(1) C

OMPLETION OF CERTAIN ASSIGNMENTS

.—If—

‘‘(A) the basis for the request is to allow an officer

to complete a broadening assignment, an advanced edu-

cation assignment, another assignment of significant value

to the Department, or a career progression requirement

delayed by such an assignment;

‘‘(B) the Secretary determines the exclusion from

consideration is in the best interest of the Space Force;

and

‘‘(C) the officer has not previously failed of selection

for promotion to the grade for which the officer requests

the exclusion from consideration.

‘‘(2) C

OMPLETION OF CERTAIN EDUCATION

.—If—

‘‘(A) the basis for the request is to allow an officer

to complete advanced education or professional military

education;

‘‘(B) the Secretary determines that it is in the best

interests of the Space Force for the officer to continue

to serve in current position and grade; and

‘‘(C) the officer has not previously opted out of a pro-

motion board under this section.

Determinations.

10 USC

prec. 20231,

20232.

Time period.

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137 STAT. 642 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(3) S

ERVICE IN CRITICAL SKILL POSITION

.—If—

‘‘(A) the officer is serving in a critical skill position

that cannot be filled by another Space Force officer serving

in the same grade;

‘‘(B) the Secretary determines that it is in the best

interests of the Space Force for the officer to continue

to serve in their current position and grade; and

‘‘(C) the officer has not previously opted out of a pro-

motion board under this section.

‘‘§ 20233. Eligibility for consideration for promotion: designa-

tion as joint qualified officer required before pro-

motion to brigadier general; exceptions

‘‘(a) G

ENERAL

ULE

.—An officer on the Space Force officer

list may not be appointed to the grade of brigadier general unless

the officer has been designated as a joint qualified officer in accord-

ance with section 661 of this title.

‘‘(b) E

XCEPTIONS

.—Subject to subsection (c), the Secretary of

Defense may waive subsection (a) in the following circumstances:

‘‘(1) When necessary for the good of the service.

‘‘(2) In the case of an officer whose proposed selection

for promotion is based primarily upon scientific and technical

qualifications for which joint requirements do not exist.

‘‘(3) In the case of an officer selected by a promotion board

for appointment to the grade of brigadier general while serving

in a joint duty assignment if—

‘‘(A) the officer’s total consecutive service in joint duty

assignments is not less than two years; and

‘‘(B) the officer has successfully completed a program

of education described in subsections (b) and (c) of section

2155 of this title.

‘‘(4) In the case of an officer who—

‘‘(A) is selected by a promotion board for appointment

to the grade of brigadier general;

‘‘(B) is not exempted under subsection (g); and

‘‘(C) has successfully completed the education require-

ments prescribed in subparagraph (A) of section 661(c)(1)

of this title but has not been afforded the opportunity

to complete the experience requirements described in

subparagraph (B) of that section.

‘‘(c) W

AIVER TO

NDIVIDUAL

.—A waiver may be granted

under subsection (b) only on a case-by-case basis in the case of

an individual officer.

‘‘(d) S

PECIAL

ULE FOR

OOD

THE

SERVICE

AIVER

.—In the

case of a waiver under subsection (b)(1), the Secretary of Defense

shall provide that the first duty assignment as a general officer

of the officer for whom the waiver is granted shall be in a joint

duty assignment.

‘‘(e) L

IMITATION ON

ELEGATION OF

AIVER

UTHORITY

.—The

authority of the Secretary of Defense to grant a waiver under

subsection (b)(4) may only be delegated as provided in section

619a(e) of this title.

‘‘(f) R

EGULATIONS

.—The Secretary of Defense shall prescribe

regulations to carry out this section. The regulations shall specifi-

cally identify for purposes of subsection (b)(2) those categories of

officers for which selection for promotion to brigadier general is

Time period.

Waiver authority.

10 USC

prec. 20231,

20233.

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137 STAT. 643 PUBLIC LAW 118–31—DEC. 22, 2023

based primarily upon scientific and technical qualifications for

which joint requirements do not exist.

‘‘(g) E

XEMPTION

.—Subsection (a) shall not apply to an officer

who transfers to the Space Force from a reserve component before

the first day of the sixth fiscal year beginning after the date

of the enactment of this section, and who, as of the date of the

transfer, is serving in the grade of major, lieutenant colonel, or

colonel or, in the case of the Navy or Coast Guard, lieutenant

commander, commander, or captain.

‘‘§ 20234. Opportunities for consideration for promotion

‘‘(a) S

PECIFICATION OF

UMBER OF

PPORTUNITIES FOR

ONSID

ERATION FOR

ROMOTION

.—The Secretary of the Air Force shall

specify the number of opportunities for consideration for promotion

to be afforded to Space Force officers for promotion to each grade

above the grade of captain .

‘‘(b) L

IMITED

UTHORITY OF

ECRETARY OF THE

ORCE

ODIFY

UMBER OF

PPORTUNITIES

.—The Secretary of the Air

Force may modify the number of opportunities for consideration

for promotion to be afforded officers within a competitive category

for promotion to a particular grade, as previously specified by

the Secretary pursuant subsection (a), not more frequently than

once every five years.

‘‘(c) A

UTHORITY OF

ECRETARY OF

EFENSE TO

ODIFY

UMBER

PPORTUNITIES

.—The Secretary of Defense may modify the

number of opportunities for consideration for promotion to be

afforded officers of the Space Force within a competitive category

for promotion to a particular grade, as previously specified or modi-

fied pursuant to any provision of this section, at the discretion

of the Secretary.

‘‘(d) L

IMITATION ON

UMBER OF

PPORTUNITIES

PECIFIED

.—

The number of opportunities for consideration for promotion to

be afforded officers of the Space 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) E

FFECT OF

ERTAIN

EDUCTION IN

UMBER OF

PPORTUNI

TIES

PECIFIED

.—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.

‘‘§ 20235. Space Force officer list

‘‘(a) S

INGLE

IST

.—The Secretary of the Air Force shall main-

tain a single list of all Space Force officers serving in a space

force active status. The list shall be known as the ‘Space Force

officer list’.

‘‘(b) O

RDER OF

FFICERS ON

IST

.—Officers shall be carried

on the Space Force officer list in the order of seniority of the

grade in which they are serving. Officers serving in the same

grade shall be carried in the order of their rank in that grade.

‘‘(c) E

FFECT OF

ERVICE IN A

EMPORARY

PPOINTMENT

.—An

officer whose position on the Space Force officer list results from

service under a temporary appointment or in a grade held by

reason of assignment to a position has, when that appointment

10 USC

prec. 20231,

20235.

Time period.

10 USC

prec. 20231,

20234.

Effective date.

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137 STAT. 644 PUBLIC LAW 118–31—DEC. 22, 2023

or assignment ends, the grade and position on the Space Force

officer list that the officer would have held if the officer had not

received that appointment or assignment.

‘‘§ 20236. Competitive categories

‘‘(a) R

EQUIREMENT TO

STABLISH

OMPETITIVE

ATEGORIES FOR

ROMOTION

.—Under regulations prescribed by the Secretary of

Defense, the Secretary of the Air Force shall establish at least

one competitive category for promotion for officers on the Space

Force officer list. Each officer whose name appears on the Space

Force officer list shall be carried in a competitive category of officers.

Officers in the same competitive category shall compete among

themselves for promotion.

‘‘(b) S

INGLE

OMPETITIVE

ATEGORY FOR

ROMOTION TO

ERAL

FFICER

RADES

.—The Secretary of the Air Force shall estab-

lish a single competitive category for all officers on the Space

Force officer list who will be considered by a selection board con-

vened under section 20211 of this title for promotion to the grade

of brigadier general or major general.

‘‘§ 20237. Numbers to be recommended for promotion

‘‘(a) P

ROMOTION TO

RADES

ELOW

RIGADIER

ENERAL

.—

‘‘(1) D

ETERMINATION OF MAXIMUM NUMBER

.—Before con-

vening a selection board under section 20211 of this title to

consider officers for recommendation for promotion to a grade

below brigadier general and in any competitive category, the

Secretary of the Air Force shall determine the maximum

number of officers in that competitive category that the board

may recommend for promotion.

‘‘(2) D

ETERMINATIONS

.—In order to make the determination

under paragraph (1), the Secretary shall determine—

‘‘(A) the number of positions needed to accomplish mis-

sion objectives which require officers of that competitive

category in the grade to which the board will recommend

officers for promotion;

‘‘(B) the estimated number of officers needed to fill

vacancies in those positions during the period in which

it is anticipated that officers selected for promotion will

be promoted; and

‘‘(C) the number of officers in a space force active

status authorized by the Secretary of the Air Force to

serve both on sustained duty and not on sustained duty

in the grade and competitive category under consideration.

‘‘(b) P

ROMOTION TO

RIGADIER

ENERAL AND

AJOR

ERAL

.—

‘‘(1) D

ETERMINATION OF MAXIMUM NUMBERS

.—Before con-

vening a selection board under section 20211 of this title to

consider officers for recommendation for promotion to the grade

of brigadier general or major general, the Secretary of the

Air Force shall determine the maximum number of officers

serving in a space force active status on sustained duty, and

the maximum number of officers serving in a space force active

status not on sustained duty, that the board may recommend

for promotion.

‘‘(2) D

ETERMINATIONS

.—In order to make the determina-

tions under paragraph (1), the Secretary shall determine—

Estimates.

10 USC

prec. 20231,

20237.

10 USC

prec. 20231,

20236.

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137 STAT. 645 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) the number of positions needed to accomplish mis-

sion objectives which require officers serving in a space

force active status on sustained duty, and in a space force

active status not on sustained duty, in the grade to which

the board will recommend officers for promotion; and

‘‘(B) the estimated number of officers on sustained

duty and not on sustained duty needed to fill vacancies

in those positions over the 24-month period beginning on

the date on which the selection board convenes.

‘‘§ 20238. Establishment of promotion zones

‘‘(a) I

ENERAL

.—Before convening a selection board under

section 20211 of this title to consider officers for promotion to

any grade above first lieutenant or lieutenant (junior grade), the

Secretary of the Air Force shall establish a promotion zone for

officers serving in each grade and competitive category to be consid-

ered by the board.

‘‘(b) D

ETERMINATION OF

UMBER

.—The Secretary of the Air

Force shall determine the number of officers in the promotion

zone for officers serving in any grade and competitive category

from among officers who are eligible for promotion in that grade

and competitive category. Such determination shall be made on

the basis of an estimate of—

‘‘(1) the number of officers needed in that competitive cat-

egory in the next higher grade in each of the next five years;

‘‘(2) the number of officers to be serving in that competitive

category in the next higher grade in each of the next five

years;

‘‘(3) in the case of a promotion zone for officers to be

promoted to a grade to which section 523 of this title is

applicable, the number of officers authorized for such grade

under such section to be on sustained duty on the last day

of each of the next five fiscal years; and

‘‘(4) the number of officers that should be placed in that

promotion zone in each of the next five years to provide to

officers in those years relatively similar opportunity for pro-

motion.

‘‘§ 20239. Promotions: how made

‘‘(a) P

ROMOTION

ISTS

.—

‘‘(1) P

LACEMENT OF NAMES ON PROMOTION LIST

.—When the

report of a selection board convened under section 20211 of

this title is approved by the President, the Secretary of the

Air Force shall place the names of all officers approved for

promotion within a competitive category on a single list for

that competitive category, to be known as a promotion list,

in the order of the seniority of such officers on the Space

Force officer list or based on particular merit, as determined

by the promotion board, or as modified by the Secretary of

the Air Force under section 20217 of this title.

‘‘(2) T

IME OF ESTABLISHMENT OF PROMOTION LIST

.—A pro-

motion list is considered to be established under this section

as of the date of the approval of the report of the selection

board under paragraph (1).

‘‘(b) P

ROMOTIONS

; H

ADE

; O

RDER

.—

President.

10 USC

prec. 20231,

20239.

Estimates.

Time periods.

10 USC

prec. 20231,

20238.

Time period.

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137 STAT. 646 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) A

PPOINTMENT AUTHORITY

.—Officers on a promotion list

shall be promoted by appointment in the manner specified

in section 20201 of this title.

‘‘(2) T

IMING

.—Officers on a promotion list for a competitive

category shall be promoted to the next higher grade in accord-

ance with regulations prescribed by the Secretary of the Air

Force.

‘‘(3) O

RDER

.—Except as provided in subsections (e) and

(f), promotions shall be made in the order in which the names

of officers appear on the promotion list and after officers pre-

viously selected for promotion in that competitive category have

been promoted.

‘‘(4) P

ROMOTIONS TO GRADE OF FIRST LIEUTENANT

.—Officers

to be promoted to the grade of first lieutenant shall be promoted

in accordance with regulations prescribed by the Secretary

of the Air Force.

‘‘(c) P

ROMOTION OF

IRST

IEUTENANTS ON AN

FULLY

QUALI

FIED

FFICERS

IST

.—(1) Except as provided in subsection (f), offi-

cers on the Space Force officer list in the grade of first lieutenant

who are on an approved all-fully-qualified-officers list shall be pro-

moted to the grade of captain in accordance with regulations pre-

scribed by the Secretary of the Air Force.

‘‘(2) An all-fully-qualified-officers list shall be considered to

be approved for purposes of subparagraph (A) when the list is

approved by the President. When so approved, such a list shall

be treated in the same manner as a promotion list under this

chapter.

‘‘(3) The Secretary of the Air Force may make a recommendation

to the President for approval of an all-fully-qualified-officers list

only when the Secretary determines that all officers on the list

are needed in the next higher grade to accomplish mission objec-

tives.

‘‘(4) For purposes of this paragraph, an all-fully-qualified-offi-

cers list is a list of all officers on the Space Force officer list

in a grade who the Secretary of the Air Force determines—

‘‘(A) are fully qualified for promotion to the next higher

grade; and

‘‘(B) would be eligible for consideration for promotion to

the next higher grade by a selection board convened under

section 20211 of this title upon the convening of such a board.

‘‘(5) If the Secretary of the Air Force determines that one

or more officers or former officers were not placed on an all-fully-

qualified-list under this subsection because of administrative error,

the Secretary may prepare a supplemental all-fully-qualified-officers

list containing the names of any such officers for approval in accord-

ance with this subsection.

‘‘(d) D

ATE OF

ANK

.—

‘‘(1) G

ENERAL RULE

.—The date of rank of an officer

appointed to a higher grade under this section is determined

under section 741(d) of this title.

‘‘(2) A

DJUSTMENTS

.—The date of rank of an officer

appointed to a higher grade under this section may be adjusted

in the same manner as an adjustment may be made under

section 741(d)(4) of this title in the date of rank of an officer

appointed to a higher grade under section 624(a) of this title.

In any use of the authority under the preceding sentence,

Applicability.

Recommenda-

tion.

Determinations.

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137 STAT. 647 PUBLIC LAW 118–31—DEC. 22, 2023

subparagraph (C)(ii) of such section shall be applied by sub-

stituting ‘Space Force officer list’ for ‘active-duty list’.

‘‘(3) A

DDITIONAL PAY AND ALLOWANCES PRECLUDED

.—Except

as provided in paragraph (2) or as otherwise specifically author-

ized by law, an officer is not entitled to additional pay or

allowances if the effective date of the officer’s promotion is

adjusted to reflect a date earlier than the actual date of the

officer’s promotion.

‘‘(e) D

ELAY OF

ROMOTIONS TO

ENERAL

FFICER

RADES TO

OMPLY

ITH

TRENGTH

IMITATIONS

.—Under regulations pre-

scribed by the Secretary of Defense, the promotion of an officer

on the Space Force officer list to the grade of brigadier general

or major general shall be delayed if that promotion would cause

any strength limitation of section 526 of this title to be exceeded.

The delay shall expire when the Secretary of the Air Force deter-

mines that the delay is no longer required to ensure compliance

with the strength limitation.

‘‘(f) A

UTHORITY TO

ELAY

PPOINTMENTS FOR

PECIFIED

SONS

.—The provisions of section 14311 of this title shall apply

to the appointment of an officer under this section in the same

manner as they apply to an appointment of an officer under that

section, and any reference in that section to an reserve active-

status list shall be treated for purposes of applicability to an officer

of the Space Force as referring to the Space Force officer list.

‘‘§ 20240. Acceptance of promotions; oath of office

‘‘(a) A

CCEPTANCE

.—An officer who is appointed to a higher

grade under section 20239 of this title is considered to have accepted

the appointment on the date on which the appointment is made

unless the officer expressly declines the appointment.

‘‘(b) O

ATH

.—An officer who has served continuously since taking

the oath of office prescribed in section 3331 of title 5 is not required

to take a new oath upon appointment to a higher grade under

section 20239 of this title.

‘‘§ 20241. Removal of officers from a list of officers rec-

ommended for promotion

‘‘(a) R

EMOVAL BY

RESIDENT

.—The President may remove the

name of any officer from a promotion list at any time before the

date on which the officer is promoted.

‘‘(b) R

EMOVAL FOR

ITHHOLDING OF

ENATE

DVICE AND

SENT

.—If the Senate does not give its advice and consent to the

appointment to the next higher grade of an officer whose name

is on a list of officers approved by the President for promotion

(except in the case of promotions to a grade to which appointments

may be made by the President alone), the name of that officer

shall be removed from the list.

‘‘(c) R

EMOVAL

FTER

18 M

ONTHS

.—(1) If an officer whose name

is on a list of officers approved for promotion under section 20238(a)

of this title to a grade for which appointment is required by section

20201(a) of this title to be made by and with the advice and

consent of the Senate is not appointed to that grade under such

section during the officer’s promotion eligibility period, the officer’s

name shall be removed from the list unless as of the end of such

period the Senate has given its advice and consent to the appoint-

ment.

10 USC

prec. 20231,

20241.

10 USC

prec. 20231,

20240.

Applicability.

Expiration.

Determination.

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137 STAT. 648 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) Before the end of the promotion eligibility period with

respect to an officer under paragraph (1), the President may extend

that period for purposes of paragraph (1) by an additional 12

months.

‘‘(3) In this subsection, the term ‘promotion eligibility period’

means, with respect to an officer whose name is on a list of officers

approved for promotion under section 20238(a) of this title to a

grade for which appointment is required by section 20201(a) of

this title to be made by and with the advice and consent of the

Senate, the period beginning on the date on which the list is

so approved and ending on the first day of the eighteenth month

following the month during which the list is so approved.

‘‘(d) A

DMINISTRATIVE

EMOVAL

.—Under regulations prescribed

by the Secretary of the Air Force, if an officer on the Space Force

officer list is discharged or dropped from the rolls or transferred

to a retired status after having been recommended for promotion

to a higher grade under this chapter, but before being promoted,

the officer’s name shall be administratively removed from the list

of officers recommended for promotion by a selection board.

‘‘(e) C

ONTINUED

LIGIBILITY FOR

ROMOTION

.—(1) An officer

whose name is removed from a list under subsection (a), (b), or

officer is recommended for promotion by the next selection board

convened for that officer’s grade and competitive category and the

officer is promoted, the Secretary of the Air Force may, upon the

promotion, grant the officer the same date of rank, the same effec-

tive date for the pay and allowances of the grade to which promoted,

and the same position on the Space Force officer list, as the officer

would have had if the officer’s name had not been removed from

the list.

‘‘(2) If such an officer who is in a grade below the grade

of colonel is not recommended for promotion by the next selection

board convened for the officer’s grade and competitive category,

or if the officer’s name is again removed from the list of officers

recommended for promotion, or if the Senate again does not give

its advice and consent to his promotion, the officer shall be consid-

ered for all purposes to have failed of selection for promotion to

the next higher grade.

‘‘(f) A

PPLICABILITY OF

REVIOUS

XECUTIVE

RDER

.—Except as

otherwise provided by the President by Executive order, any Execu-

tive order issued before the date of the enactment of this section

relating to functions of the President under section 14310 of this

title shall apply in the same manner to functions of the President

under this section.

‘‘§ 20242. Authority to vacate promotions to grade of briga-

dier general

‘‘(a) A

UTHORITY

.—The President may vacate the appointment

of a Space Force officer to the grade of brigadier general if the

period of time during which the officer has served in that grade

after promotion to that grade is less than 18 months.

‘‘(b) E

FFECT OF

ROMOTION

EING

ACATED

.—An officer whose

promotion to the grade of brigadier general is vacated under this

section holds the grade of colonel. Upon assuming the grade of

colonel under this section, the officer shall have the same position

on the Space Force officer list as the officer would have had if

the officer had not served in the higher grade.

President.

Time period.

10 USC

prec. 20231,

20242.

Definition.

President.

Extension.

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137 STAT. 649 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘§ 20243. General officers ceasing to occupy positions

commensurate with grade

‘‘(a) G

ENERAL

FFICERS

.—Within 60 days after an officer of

the Space Force on the Space Force officer list in a general officer

grade ceases to occupy a position commensurate with that grade

(or commensurate with a higher grade), the Secretary of the Air

Force shall transfer or discharge the officer in accordance with

whichever of the following the officer elects:

‘‘(1) Transfer the officer in grade to the Space Force retired

list, if the officer is qualified and applies for the transfer.

‘‘(2) Transfer the officer in grade to a Space Force inactive

status, if the officer is qualified.

‘‘(3) Discharge the officer from the officer’s appointment

and, if the officer is qualified and applies therefor, appoint

the officer in the grade held by the officer as a before the

officer’s appointment in a general officer grade.

‘‘(4) Discharge the officer from the officer’s appointment.

‘‘(b) C

REDIT FOR

ERVICE IN

RADE

.—An officer who is

appointed under subsection (a)(3) shall be credited with an amount

of service in the grade in which appointed that is equal to the

amount of prior service in an active status in that grade and

in any higher grade.

‘‘SUBCHAPTER IV—FAILURE OF SELECTION FOR

PROMOTION AND INVOLUNTARY SEPARATION

‘‘§ 20251. Failure of selection for promotion

‘‘(a) I

ENERAL

.—Except as provided in this section, sections

14501, 14503, and 14504 and section 631 and 632 of this title

shall apply to promotions of officers on the Space Force officer

list. For the purpose of such applicability—

‘‘(1) any reference in those sections to the reserve active-

status list or the active-duty list shall apply to the Space

Force officer list; and

‘‘(2) any reference in those sections to a board convened

under section 14201 or 611 of this title shall apply to a board

convened under section 20211 of this title.

‘‘(b) I

NAPPLICABILITY OF

AILURE OF

ELECTION FOR

ROMOTION

FFICERS

BOVE

ROMOTION

ONE

.—The reference in section

14501 of this title to an officer above the promotion zone shall

not apply in the promotion of officers on the Space Force officer

list.

‘‘(c) R

ETIREMENT

UTHORITIES

.—In applying section 631 or 632

of this title to such an officer, the reference in subsection (a)(3)

of that section to qualifying for retirement under certain sections

of this title shall be deemed to refer to qualifying for retirement

under any provision of law other than chapter 61 of this title.

‘‘(d) E

FFECT OF

AILURE OF

ELECTION

.—In the administration

of this chapter pursuant to subsection (a)—

‘‘(1) an officer on the Space Force officer list shall not

be deemed to have failed twice of selection for promotion for

purposes of section 629(e)(2) or 14502(b) of this title until

the officer has failed selection of promotion to the next higher

grade the maximum number of times specified for opportunities

for promotion to such grade within the competitive category

concerned under section 20234 of this title; and

Applicability.

10 USC

prec. 20251,

20251.

10 USC

prec. 20251.

Deadline.

10 USC

prec. 20231,

20243.

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137 STAT. 650 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) any reference in section 631(a) or 632(a) of this title,

or 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 on the Space Force officer list who has failed

of selection for promotion to the next higher grade for the

maximum number of times specified for opportunities for pro-

motion to such grade within the competitive category concerned

under section 20234 of this title.

‘‘§ 20251. Special selection boards; correction of errors

‘‘(a) P

ERSONS

ONSIDERED BY

ROMOTION

OARD

ECAUSE

DMINISTRATIVE

RROR

.—

‘‘(1) C

ONVENING OF BOARD

.—In the case of an officer or

former officer who the Secretary of the Air Force determines

was not considered for selection for promotion by a selection

board convened under section 20211 of this title because of

administrative error, the Secretary shall convene a special

selection board under this subsection to determine whether

that officer or former officer should be recommended for pro-

motion.

‘‘(2) B

OARD COMPOSITION

;

OATH

.—Any such board shall be

convened under regulations prescribed by the Secretary of

Defense and shall be appointed and composed in accordance

with section 20212 of this title and shall include the representa-

tion of competitive categories required by that section. The

members of a board convened under this subsection shall be

required to take an oath in the same manner as prescribed

in section 14103 of this title.

‘‘(3) R

ECORD CONSIDERED BY BOARD

.—A special selection

board convened under paragraph (1) shall consider the record

of the officer or former officer as that record would have

appeared to the selection board that should have considered

the officer or former officer. That record shall be compared

with a sampling of the records of those officers of the same

grade and competitive category who were recommended for

promotion, and those officers of the same grade and competitive

category who were not recommended for promotion, by that

board.

‘‘(4) E

FFECT

.—If a special selection board convened under

paragraph (1) does not recommend for promotion an officer

or former officer in a grade below the grade of colonel whose

name was referred to it for consideration, the officer or former

officer shall be considered to have failed of selection for pro-

motion.

‘‘(b) O

FFICERS

ONSIDERED BUT

ELECTED

; M

ATERIAL

RROR

.—

‘‘(1) C

ONVENING OF BOARD

.—In the case of an officer or

former officer who was eligible for promotion and was consid-

ered for selection for promotion by a selection board convened

under section 20211 of this title but was not selected, the

Secretary of the Air Force may, under regulations prescribed

by the Secretary of Defense, convene a special selection board

under this subsection to determine whether the officer or former

officer should be recommended for promotion, if the Secretary

must determine that—

Determination.

Requirement.

Appointment.

Determination.

10 USC

prec. 20251,

20251.

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137 STAT. 651 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) the action of the selection board that considered

the officer or former officer was contrary to law in a matter

material to the decision of the board or involved material

error of fact or material administrative error; or

‘‘(B) the board did not have before it for its consider-

ation material information.

‘‘(2) B

OARD COMPOSITION

;

OATH

.—A special selection board

convened under paragraph ((1) shall be appointed and composed

in accordance with section 20212 of this title (including the

representation of competitive categories required by that sec-

tion), and the members of sch a board shall take an oath

in the same manner as prescribed in section 14103 of this

title.

‘‘(3) R

ECORD CONSIDERED BY BOARD

.—The special selection

board shall consider the record of the officer or former officer

as that record, if corrected, would have appeared to the board

that considered the officer or former officer. That record shall

be compared with the records of a sampling of those officers

of the same grade and competitive category who were rec-

ommended for promotion, and those officers of the same grade

and competitive category who were not recommended for pro-

motion, by that board.

‘‘(4) E

FFECT

.—If a special selection board convened under

paragraph (1) does not recommend for promotion a officer or

former officer whose name was referred to it for consideration,

the officer or former officer incurs no additional failure of

selection for promotion.

‘‘(c) R

EPORT OF

OARD

.—Each special selection board convened

under this section shall submit to the Secretary of the Air Force

a written report, signed by each member of the board, containing

the name of each officer or former officer it recommends for pro-

motion and certifying that the board has carefully considered the

record of each officer or former officer whose name was referred

to it.

‘‘(d) A

PPLICABLE

ROVISIONS

.—The provisions of sections 20215

and 20216 of this title apply to the report and proceedings of

a special selection board convened under this section in the same

manner as they apply to the report and proceedings of a selection

board convened under section 20211 of this title.

‘‘(e) A

PPOINTMENT OF

FFICERS

ECOMMENDED FOR

MOTION

.—

‘‘(1) P

ROMOTION

.—An officer or former officer whose name

is placed on a promotion list as a result of a recommendation

for promotion by a special selection board convened under this

section shall, as soon as practicable, be appointed to the next

higher grade in accordance with the law and policies which

would have been applicable had the officer or former officer

been recommended for promotion by the board which should

have considered or which did consider the officer of former

officer.

‘‘(2) S

TATUS OF PROMOTED OFFICER

.—An officer who is pro-

moted to the next higher grade as the result of the recommenda-

tion of a special selection board convened under this section

shall, upon such promotion, have the same date of rank, the

same effective date for the pay and allowances of that grade,

and the same position on the Space Force officer list as the

officer would have had if the officer had been recommended

Recommenda-

tions.

Certification.

Appointment.

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137 STAT. 652 PUBLIC LAW 118–31—DEC. 22, 2023

for promotion to that grade by the selection board which should

have considered, or which did consider, the officer.

‘‘(3) C

ORRECTION OF MILITARY RECORD

.—If the report of

a special selection board convened under this section, as

approved by the President, recommends for promotion to the

next higher grade an officer not currently eligible for promotion

or a former officer whose name was referred to it for consider-

ation, the Secretary of the Air Force may act under section

1552 of this title to correct the military record of the officer

or former officer to correct an error or remove an injustice

resulting from not being selected for promotion by the board

which should have considered, or which did consider, the officer.

‘‘(f) P

RESCRIBING OF

IRCUMSTANCES FOR

ONSIDERATION BY

OARD

.—The Secretary of Defense may prescribe by regulation—

‘‘(1) the circumstances under which consideration by a spe-

cial selection board is contingent upon application for consider-

ation by an officer or former officer; and

‘‘(2) time limits within which of officer or former officer

must make such application in order to be considered by a

special selection board under this section.

‘‘(g) C

ONVENING OF

OARDS

.—A board convened under this

section—

‘‘(1) shall be convened under regulations prescribed by the

Secretary of Defense;

‘‘(2) shall be composed in accordance with section 20212

of this title and regulations prescribed by the Secretary of

the Air Force; and

‘‘(3) shall be subject to the provisions of section 613 of

this title.

‘‘(h) L

IMITATION OF

THER

URISDICTION

.—No official or court

of the United States shall have power or jurisdiction—

‘‘(1) over any claim based in any way on the failure of

an officer or former officer of the armed forces to be selected

for promotion by a selection board convened under this chapter

until—

‘‘(A) the claim has been referred to a special selection

board by the Secretary of the Air Force and acted upon

by that board; or

‘‘(B) the claim has been rejected by the Secretary with-

out consideration by a special selection board; or

‘‘(2) to grant any relief on such a claim unless the officer

or former officer has been selected for promotion by a special

selection board convened under this section to consider the

officer or former officer’s claim.

‘‘(i) J

UDICIAL

EVIEW

.—(1) A court of the United States may

review a determination by the Secretary of the Air Force under

subsection (a)(1), (b)(1), or (e)(3) not to convene a special selection

board. If a court finds the determination to be arbitrary or capri-

cious, not based on substantial evidence, or otherwise contrary

to law, it shall remand the case to the Secretary, who shall provide

for consideration of the officer or former officer by a special selection

board under this section.

‘‘(2) If a court finds that the action of a special selection board

which considers an officer or former officer was contrary to law

or involved material error of fact or material administrative error,

it shall remand the case to the Secretary, who shall provide the

Regulations.

President.

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137 STAT. 653 PUBLIC LAW 118–31—DEC. 22, 2023

officer or former officer reconsideration by a new special selection

board.

‘‘(j) D

ESIGNATION OF

OARDS

.—The Secretary of the Air Force

may designate a promotion board convened under section 20201(a)

of this title as a special selection board convened under this section.

‘‘§ 20252a. Special selection review boards: reference

‘‘Section 628a of this title, relating to the convening of a special

selection review board when credible information of an adverse

nature was not furnished to a promotion board, applies with respect

to persons recommended by a selection board for promotion to

a grade at or below the grade of major general in the Space

Force.

‘‘§ 20253. Retirement: retirement for years of service

‘‘Sections 633 through 636 of this title shall apply to the retire-

ment of officers on the Space Force officer list in the same manner

as to officers of the Regular Air Force.

‘‘SUBCHAPTER V—CONTINUATION ON ACTIVE DUTY AND

SELECTIVE EARLY RETIREMENT; OTHER PROVISIONS

‘‘§ 20261 Selection of officers for continuation on the Space

Force officer list

‘‘Section 14701 of this title shall apply in continuation or reten-

tion on the Space Force officer in the same manner as to continu-

ation on the reserve active-status list.

‘‘§ 20262. Retirement: selective early retirement

‘‘Sections 638 and 638a of this title shall apply to the retirement

of officers on the Space Force officer list in the same manner

as to officers of the Regular Air Force.

‘‘§ 20263. Entitlement of officers discharged or retired under

this chapter to separation pay or retired pay

‘‘(a) S

EPARATION

.—An officer who is discharged under this

chapter is entitled, if eligible therefor, to separation pay under

section 1174 of this title.

‘‘(b) R

ETIRED

.—An officer who is retired under this chapter

is entitled to retired pay computed under chapter 71 or 1223 of

this title, as applicable.

‘‘§ 20264. Other administrative authorities

‘‘The following provisions of this title shall apply to officers

on the Space Force officer list in the same manner as to officers

subject to those provisions:

‘‘(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.’’.

(d) T

EMPORARY

(‘‘

BREVET

’’) P

ROMOTIONS FOR

FFICERS

ITH

RITICAL

KILLS

.—Section 605 of title 10, United States Code, is

amended as follows:

(1) C

OVERAGE OF SPACE FORCE OFFICERS

.—Subsections (a),

(b)(2)(A), (f)(1), and (f)(2) are amended by striking ‘‘or Marine

Applicability.

10 USC

prec. 20261,

20264.

10 USC

prec. 20261,

20263.

Applicability.

10 USC

prec. 20261,

20262.

Applicability.

10 USC

prec. 20261,

20261.

10 USC

prec. 20261.

Applicability.

10 USC

prec. 20251,

20253.

Applicability.

10 USC

prec. 20251,

20252a.

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137 STAT. 654 PUBLIC LAW 118–31—DEC. 22, 2023

Corps,’’ each place it appears and inserting ‘‘Marine Corps,

or Space Force,’’.

(2) D

ISAGGREGATION OF AIR FORCE MAXIMUM NUMBERS

.—

Subsection (g) is amended—

(A) by redesignating paragraphs (3) and (4) as para-

graphs (4) and (5), respectively; and

(B) by striking paragraph (2) and inserting the fol-

lowing new paragraphs (2) and (3):

‘‘(2) In the case of the Air Force—

‘‘(A) as captain 95;

‘‘(B) as major, 305;

‘‘(C) as lieutenant colonel, 165; and

‘‘(D) as colonel, 75.

‘‘(3) In the case of the Space Force—

‘‘(A) as captain, 5;

‘‘(B) as major, 20;

‘‘(C) as lieutenant colonel, 10; and

‘‘(D) as colonel, 5.’’.

SEC. 1717. ENLISTED MEMBERS.

(a) I

ENERAL

.—Subtitle F of title 10, United States Code,

as amended by section 1716, is further amended by adding at

the end the following new chapter:

‘‘CHAPTER 2007—ENLISTED MEMBERS

‘‘Sec.

‘‘20301. Original enlistments: qualifications; grade.

‘‘20302. Enlisted members: term of enlistment.

‘‘20303. Reference to chapter 31.

‘‘§ 20301. Original enlistments: qualifications; grade

‘‘(a) O

RIGINAL

NLISTMENTS

.—

‘‘(1) A

UTHORITY TO ACCEPT

.—The Secretary of the Air Force

may accept original enlistments in the Space Force of qualified,

effective, and able-bodied persons.

‘‘(2) A

.—A person accepted for original enlistment shall

be not less than seventeen years of age. However, no person

under eighteen years of age may be originally enlisted without

the written consent of the person’s parent or guardian, if the

person has a parent or guardian entitled to the person’s custody

and control.

‘‘(b) G

RADE

.—A person is enlisted in the Space Force in the

grade prescribed by the Secretary of the Air Force.

‘‘§ 20302. Enlisted members: term of enlistment

‘‘(a) T

ERM OF

RIGINAL

NLISTMENTS

.—The Secretary of the

Air Force may accept original enlistments of persons for the dura-

tion of their minority or for a period of at least two but not

more than eight years in the Space Force.

‘‘(b) T

ERM OF

EENLISTMENTS

.—The Secretary of the Air Force

may accept a reenlistment in the Space Force for a period deter-

mined in accordance with paragraphs (2), (3), and (4) of section

505(d) of this title.

‘‘§ 20303. Reference to chapter 31

‘‘For other provisions of this title applicable to enlistments

in the Space Force, see chapter 31 of this title.’’.

10 USC 20303.

Determination.

10 USC 20302.

10 USC 20301.

10 USC

prec. 20301.

10 USC 605.

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137 STAT. 655 PUBLIC LAW 118–31—DEC. 22, 2023

(b) A

MENDMENTS TO

ITLE

10 C

HAPTER

ELATING TO

NLIST

MENTS

.—Chapter 31 of such title is amended as follows:

(1) R

ECRUITING CAMPAIGNS

.—Section 503(a) is amended by

inserting ‘‘and the Space Force’’ after ‘‘Regular Coast Guard’’.

(2) Q

UALIFICATIONS

TERM

GRADE

.—Section 505 is

amended—

(A) by striking ‘‘Regular Space Force,’’ each place it

appears; and

(B) by adding at the end the following new subsection:

‘‘(e) E

NLISTMENTS IN THE

PACE

ORCE

.—For enlistments in

the Space Force, see sections 20301 and 20302 of this title.’’.

(3) E

XTENSION OF ENLISTMENTS DURING WAR

.—Section 506

is amended by striking ‘‘Regular’’ before ‘‘Space Force’’.

(4) R

EENLISTMENT

.—Section 508 is amended striking ‘‘Reg-

ular’’ before ‘‘Space Force’’ in subsections (b) and (c).

(5) E

NLISTMENT INCENTIVES FOR PURSUIT OF SKILLS TO

FACILITATE NATIONAL SERVICE

.—Section 510(c) is amended—

(A) in paragraph (2), by inserting ‘‘or the Space Force’’

after ‘‘Selected Reserve’’; and

(B) in paragraph (3)—

(i) by redesignating subparagraphs (D) and (E)

as subparagraphs (E) and (F), respectively;

(ii) by inserting after subparagraph (C) the fol-

lowing new subparagraph (D):

‘‘(D) in the Space Force;’’; and

(iii) in subparagraph (F), as so redesignated, by

striking ‘‘subparagraphs (A) through (D)’’ and inserting

‘‘subparagraphs (A) through (E)’’.

(6) C

OLLEGE FIRST PROGRAM

.—Section 511(b)(1)(A), is

amended by inserting ‘‘or as a member of the Space Force,’’

after ‘‘reserve component,’’.

(7) D

ELAYED ENTRY PROGRAM

.—Section 513(a) is

amended—

(A) by inserting, ‘‘, or who is qualified under section

20301 of this title and applicable regulations for enlistment

in the Space Force,’’ after ‘‘armed force’’; and

(B) by inserting ‘‘, or be enlisted as a member of

the Space Force,’’ after ‘‘Coast Guard Reserve’’.

(8) E

FFECT UPON ENLISTED STATUS OF ACCEPTANCE OF

APPOINTMENT AS CADET OR MIDSHIPMAN

.—Section 516(b) is

amended by inserting ‘‘or in the Space Force,’’ after ‘‘armed

force’’.

SEC. 1718. RETENTION AND SEPARATION GENERALLY.

(a) I

ENERAL

.—Subtitle F of title 10, United States Code,

as amended by section 1717, is further amended by adding at

the end the following new chapter:

‘‘CHAPTER 2009—RETENTION AND SEPARATION

GENERALLY

‘‘Sec.

‘‘20401. Applicability of certain provisions of law related to separation.

‘‘20402. Enlisted members: standards and qualifications for retention.

‘‘20403. Officers: standards and qualifications for retention.

‘‘20404. Selection of officers for early retirement or discharge.

‘‘20404. Force shaping authority.

10 USC

prec. 20401.

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137 STAT. 656 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘§ 20401. Applicability of certain provisions of law related

to separation

‘‘(a) O

FFICER

EPARATION

.—Except as specified in this section

or otherwise modified in this chapter, the provisions of chapter

59 of this title applicable to officers of a regular component shall

apply to officers of the Space Force.

‘‘(b) Except as specified in this section or otherwise modified

in this chapter, the provisions of sections 1169, 1170, 1171, 1173,

1174(b) 1176(a) of chapter 59 of this title applicable to enlisted

members of a regular component shall apply to enlisted members

of the Space Force.

‘‘(c) The provisions of section 1172 of this title pertaining to

a person enlisted under section 518 of this title shall apply to

an enlisted member of the Space Force.

‘‘(d) The provisions of section 1174 of this title—

‘‘(1) pertaining to a regular officer shall apply to a Space

Force officer serving on sustained duty;

‘‘(2) pertaining to a regular enlisted member shall apply

to an enlisted member of the Space Force serving on sustained

duty; and

‘‘(3) pertaining to other members shall apply to members

of the Space Force not serving on sustained duty.

‘‘(e) The provisions of section 1175 of this title pertaining to

a voluntary appointment, enlistment, or transfer to a reserve compo-

nent shall apply to the voluntary release from active duty of a

member of the Space Force on sustained duty.

‘‘(f) The provisions of section 1176 of this title—

‘‘(1) pertaining to a regular enlisted member shall apply

to an enlisted member of the Space Force serving on sustained

duty; and

‘‘(2) pertaining to a reserve enlisted member serving in

an active status shall apply to an enlisted member of the

Space Force serving in a space force active status or on sus-

tained duty.

‘‘§ 20402. Enlisted members: standards and qualifications for

retention

‘‘(a) S

TANDARDS AND

UALIFICATIONS FOR

ETENTION

.—The

Secretary of the Air Force shall, by regulation, prescribe—

‘‘(1) standards and qualifications for the retention of

enlisted members of the Space Force; and

‘‘(2) equitable procedures for the periodic determination

of the compliance of each such member with those standards

and qualifications.

‘‘(b) E

FFECT OF

AILURE TO

OMPLY

ITH

TANDARDS AND

UALIFICATIONS

.—If an enlisted member serving in Space Force

active status fails to comply with the standards and qualifications

prescribed under subsection (a), the member shall—

‘‘(1) if qualified, be transferred to Space Force inactive

status;

‘‘(2) if qualified, be retired in accordance with section 20603

of this title; or

‘‘(3) have the member’s enlistment terminated.

‘‘§ 20403. Officers: standards and qualifications for retention

‘‘(a) S

TANDARDS AND

UALIFICATIONS

.—To be retained in an

active status, a Space Force officer must—

10 USC 20403.

Termination.

Procedures.

Determinations.

Compliance.

Regulations.

10 USC 20402.

10 USC 20401.

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137 STAT. 657 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) in any applicable yearly period, attain the number

of points under section 12732(a)(2) of this title that are pre-

scribed by the Secretary of the Air Force; and

‘‘(2) conform to such other standards and qualifications

as the Secretary may prescribe for officers of the Space Force.

‘‘(b) L

IMITATION ON

INIMUM

UMBER OF

OINTS

.—The Sec-

retary may not prescribe a minimum of more than 50 points under

subsection (a).

‘‘(c) R

ESULT OF

AILURE TO

OMPLY

.—A Space Force officer

who fails to attain the number of points prescribed under subsection

(a)(1), or to conform to the standards and qualifications prescribed

under subsection (a)(2), may be referred to a board convened under

section 20501(a) of this title.

‘‘§ 20404. Selection of officers for early retirement or dis-

charge

‘‘(a) C

ONSIDERATION FOR

ARLY

ETIREMENT

.—The Secretary

of the Air Force may convene selection boards under section

20211(b) of this title to consider for early retirement officers on

the space force officer list as follows:

‘‘(1) Officers in the grade of lieutenant colonel who have

failed of selection for promotion at least one time and whose

names are not on a list of officers recommended for promotion.

‘‘(2) Officers in the grade of colonel who have served in

that grade for at least two years and whose names are not

on a list of officers recommended for promotion.

‘‘(3) Officers, other than those described in paragraphs

(1) and (2), holding a grade below the grade of colonel—

‘‘(A) who are eligible for retirement under section 20601

of this title or who after two additional years or less of

active service would be eligible for retirement under that

section; and

‘‘(B) whose names are not on a list of officers rec-

ommended for promotion.

‘‘(b) C

ONSIDERATION FOR

ISCHARGE

.—

‘‘(1) The Secretary of the Air Force may convene selection

boards under section 20211 of this title to consider for discharge

officers on the space force officer list—

‘‘(A) who have served at least one year of active status

in the grade currently held;

‘‘(B) whose names are not on a list of officers rec-

ommended for promotion; and

‘‘(C) who are not eligible to be retired under any provi-

sion of law (other than by reason of eligibility pursuant

to section 4403 of the National Defense Authorization Act

for Fiscal Year 1993) and are not within two years of

becoming so eligible.

‘‘(2) An officer who is recommended for discharge by a

selection board convened pursuant to the authority of para-

graph (1) and whose discharge is approved by the Secretary

of the Air Force shall be discharged on a date specified by

the Secretary.

‘‘(3) Selection of officers for discharge under paragraph

(1) shall be based on the needs of the service.

‘‘(c) D

ISCHARGES AND

ETIREMENTS

ONSIDERED TO

NVOL

UNTARY

.—The discharge or retirement of an officer pursuant to

Time periods.

10 USC 20404.

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137 STAT. 658 PUBLIC LAW 118–31—DEC. 22, 2023

this section shall be considered to be involuntary for purposes

of any other provision of law.

‘‘§ 20405. Force shaping authority

‘‘(a) A

UTHORITY

.—The Secretary of the Air Force may, solely

for the purpose of restructuring the Space Force—

‘‘(1) discharge an officer described in subsection (b); or

‘‘(2) involuntarily release such an officer from sustained

duty.

‘‘(b) C

OVERED

FFICERS

.—

‘‘(1) The authority under this section may be exercised

in the case of an officer of the Space Force serving on sustained

duty who—

‘‘(A) has completed not more than six years of service

as a commissioned officer in the armed forces; or

‘‘(B) has completed more than six years of service as

a commissioned officer in the armed forces, but has not

completed the minimum service obligation applicable to

that officer.

‘‘(2) In this subsection, the term ‘minimum service obliga-

tion’, with respect to a member of the Space Force, means

the initial period of required active duty service applicable

to the member, together with any additional period of required

active duty service incurred by that member during the mem-

ber’s initial period of required active duty service.

‘‘(c) R

EGULATIONS

.—The Secretary of the Air Force shall pre-

scribe regulations for the exercise of the Secretary’s authority under

this section.’’.

(b) C

ONFORMING

MENDMENTS

.—Section 647 of title 10, United

States Code, is amended—

(1) in subsection (b), by inserting ‘‘(other than an officer

of the Space Force)’’ after ‘‘in the case of an officer’’;

(2) in subsection (c), by striking ‘‘Regular Marine Corps,

of Regular Space Force’’ and inserting ‘‘or Regular Marine

Corps’’; and

(3) by adding at the end the following new subsection:

‘‘(e) S

PACE

ORCE

.—For a similar provision with respect to

officers of the Space Force, see section 20405 of this title.’’.

SEC. 1719. SEPARATION OF OFFICERS FOR SUBSTANDARD PERFORM-

ANCE OF DUTY OR FOR CERTAIN OTHER REASONS.

Subtitle F of title 10, United States Code, as amended by

section 1718, is further amended by adding at the end the following

new chapter:

‘‘CHAPTER 2011—SEPARATION OF OFFICERS FOR SUB-

STANDARD PERFORMANCE OF DUTY OR FOR CER-

TAIN OTHER REASONS

‘‘Sec.

‘‘20501. Authority to establish procedures to consider the separation of officers for

substandard performance of duty and for certain other reasons.

‘‘20502. Retention boards.

‘‘20503. Removal of officer: action by Secretary upon recommendation of retention

board.

‘‘20504. Rights and procedures.

‘‘20505. Officer considered for removal: voluntary retirement or discharge.

‘‘20506. Officers eligible to serve on retention boards.

10 USC

prec. 20501.

Definition.

Time periods.

10 USC 20405.

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137 STAT. 659 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘§ 20501. Authority to establish procedures to consider the

separation of officers for substandard perform-

ance of duty and for certain other reasons

‘‘(a) P

ROCEDURES FOR

EVIEW OF

ECORD OF

FFICERS

ELATING TO

TANDARDS OF

ERFORMANCE OF

UTY

.—

‘‘(1) The Secretary of the Air Force shall prescribe, by

regulation, procedures for the review at any time of the record

of any commissioned officer (other than a retired officer) of

the Space Force in a space force active status to determine

whether the officer shall be required, because of a reason stated

in paragraph (2), to show cause for the officer’s retention in

a space force active status.

‘‘(2) The reasons referred to in paragraph (1) are the fol-

lowing:

‘‘(A) The officer’s performance of duty has fallen below

standards prescribed by the Secretary of Defense.

‘‘(B) The officer has failed to satisfy the standards

and qualifications established under section 20403 of this

title by the Secretary of the Air Force.

‘‘(b) P

ROCEDURES FOR

EVIEW OF

ECORD OF

FFICERS

ELATING TO

ERTAIN

THER

EASONS

.—

‘‘(1) The Secretary of the Air Force shall prescribe, by

regulation, procedures for the review at any time of the record

of any commissioned officer (other than a retired officer) of

the Space Force in a space force active status to determine

whether the officer should be required, because of a reason

stated in paragraph (2), to show cause for the officer’s retention

in a space force active status.

‘‘(2) The reasons referred to in paragraph (1) are the fol-

lowing:

‘‘(A) Misconduct.

‘‘(B) Moral or professional dereliction.

‘‘(C) The officer’s retention is not clearly consistent

with the interests of national security.

‘‘(c) S

ECRETARY OF

EFENSE

IMITATIONS

.—Regulations pre-

scribed by the Secretary of the Air Force under this section are

subject to such limitations as the Secretary of Defense may pre-

scribe.

‘‘§ 20502. Retention boards

‘‘(a) C

ONVENING OF

OARDS TO

ONSIDER

FFICERS

EQUIRED

HOW

AUSE

.—The Secretary of the Air Force shall convene

retention boards at such times and places as the Secretary may

prescribe to receive evidence and make findings and recommenda-

tions as to whether an officer who is required under section 20501

of this title to show cause for retention in a space force active

status should be retained in a space force active status. Each

retention board shall be composed of not less than three officers

having the qualifications prescribed by section 20506 of this title.

‘‘(b) F

AIR AND

MPARTIAL

EARING

.—A retention board shall

give a fair and impartial hearing to each officer required under

section 20501 of this title to show cause for retention in a space

force active status.

‘‘(c) E

FFECT OF

OARD

ETERMINATION

HAN AN

FFICER

AILED TO

STABLISH

HAT THE

FFICER

HOULD

ETAINED

.—

‘‘(1) If a retention board determines that the officer has

failed to establish that the officer should be retained in a

Recommenda-

tions.

Recommenda-

tions.

10 USC 20502.

Regulations.

Determinations.

10 USC 20501.

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137 STAT. 660 PUBLIC LAW 118–31—DEC. 22, 2023

space force active status, the board shall recommend to the

Secretary of the Air Force one of the following:

‘‘(A) That the officer be transferred to an inactive

status.

‘‘(B) That the officer, if qualified under any provision

of law, be retired.

‘‘(C) That the officer be discharged from the Space

Force.

‘‘(2) Under regulations prescribed by the Secretary of the

Air Force, an officer as to whom a retention board makes

a recommendation under paragraph (1) that the officer not

be retained in a space force active status may be required

to take leave pending the completion of the officer’s case under

this chapter. The officer may be required to begin such leave

at any time following the officer’s receipt of the report of the

retention board, including the board’s recommendation for

removal from a space force active status, and the expiration

of any period allowed for submission by the officer of a rebuttal

to that report. The leave may be continued until the date

on which action by the Secretary of the Air Force on the

officer’s case is completed or may be terminated at any earlier

time.

‘‘(d) E

FFECT OF

OARD

ETERMINATION

HAN AN

FFICER

STABLISHED

HAT THE

FFICER

HOULD

ETAINED

.—

‘‘(1) If a retention board determines that the officer has

established that the officer should be retained in a space force

active status, the officer’s case is closed.

‘‘(2) An officer who is required to show cause for retention

in a space force active status under subsection (a) of section

20501 of this title and who is determined under paragraph

(1) to have established that the officer should be retained

in a space force active status may not again be required to

show cause for retention in a space force active status under

such subsection within the one-year period beginning on the

date of that determination.

‘‘(3)(A) Subject to subparagraph (B), an officer who is

required to show cause for retention in a space force active

status under subsection (b) of section 20501 of this title and

who is determined under paragraph (1) to have established

that the officer should be retained in a space force active

status may again be required to show cause for retention at

any time.

‘‘(B) An officer who has been required to show cause for

retention in a space force active status under subsection (b)

of section 20501 of this title and who is thereafter retained

in an active status may not again be required to show cause

for retention in a space force active status under such sub-

section solely because of conduct which was the subject of

the previous proceedings, unless the findings or recommenda-

tions of the retention board that considered the officer’s pre-

vious case are determined to have been obtained by fraud

or collusion.

‘‘(4) In the case of an officer described in paragraph (2)

or paragraph (3)(A), the retention board may recommend that

the officer be required to complete additional training, profes-

sional education, or such other developmental programs as

Recommenda-

tions.

Time period.

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137 STAT. 661 PUBLIC LAW 118–31—DEC. 22, 2023

may be available to correct any identified deficiencies and

improve the officer’s performance within the Space Force.

‘‘§ 20503. Removal of officer: action by Secretary upon rec-

ommendation of retention board

‘‘The Secretary of the Air Force may remove an officer from

space force active status if the removal of such officer from space

force active status is recommended by a retention board convened

under section 20502 of this title.

‘‘§ 20504. Rights and procedures

‘‘(a) I

ENERAL

.—Under regulations prescribed by the Sec-

retary of the Air Force, each officer required under section 20501

of this title to show cause for retention in a space force active

status—

‘‘(1) shall be notified in writing, at least 30 days before

the hearing of the officer’s case by a retention board, of the

reasons for which the officer is being required to show cause

for retention in a space force active status;

‘‘(2) shall be allowed a reasonable time, as determined

by the board, to prepare the officer’s showing of cause for

retention in a space force active status;

‘‘(3) shall be allowed to appear either in person or through

electronic means and to be represented by counsel at pro-

ceedings before the board; and

‘‘(4) shall be allowed full access to, and shall be furnished

copies of, records relevant to the officer’s case, except that

the board shall withhold any record that the Secretary deter-

mines should be withheld in the interest of national security.

‘‘(b) S

UMMARY OF

ECORDS

ITHHELD IN

NTEREST OF

ATIONAL

ECURITY

.—When a record is withheld under subsection (a)(4), the

officer whose case is under consideration shall, to the extent that

the interest of national security permits, be furnished a summary

of the record so withheld.

‘‘§ 20505. Officer considered for removal: voluntary retire-

ment or discharge

‘‘(a) I

ENERAL

.—At any time during proceedings under this

chapter with respect to the removal of an officer from a space

force active status , the Secretary of the Air Force may grant

a request by the officer—

‘‘(1) for voluntary retirement, if the officer is qualified

for retirement; or

‘‘(2) for discharge in accordance with subsection (b)(2).

‘‘(b) R

ETIREMENT OR

ISCHARGE

.—An officer removed from a

space force active status under section 20503 of this title shall—

‘‘(1) if eligible for voluntary retirement under any provision

of law on the date of such removal, be retired in the grade

and with the retired pay for which the officer would be eligible

if retired under such provision; and

‘‘(2) if ineligible for voluntary retirement under any provi-

sion of law on the date of such removal—

‘‘(A) be honorably discharged in the grade then held,

in the case of an officer whose case was brought under

subsection (a) of section 20501 of this title; or

10 USC 20505.

Records.

Determination.

Notification.

Deadline.

10 USC 20504.

10 USC 20503.

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137 STAT. 662 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) be discharged in the grade then held, in the case

of an officer whose case was brought under subsection

(b) of section 20501 of this title.

‘‘(c) S

EPARATION

AY FOR

ISCHARGED

FFICER

.—An officer

who is discharged under subsection (b)(2) is entitled, if eligible

therefor, to separation pay under section 1174(a)(2) of this title.

‘‘§ 20506. Officers eligible to serve on retention boards

‘‘(a) I

ENERAL

.—The provisions of section 1187 of this title

apply to the membership of boards convened under this chapter

in the same manner as to the membership of boards convened

under chapter 60 of this title.

‘‘(b) R

ETIRED

ORCE

FFICERS

.—

‘‘(1) A

UTHORITY

.—In applying subsection (b) of section 1187

of this title to a board convened under this chapter, the Sec-

retary of the Air Force may appoint retired officers of the

Air Force, in addition to retired officers of the Space Force,

to complete the membership of the board.

‘‘(2) L

IMITATION

.—A retired officer of the Air Force may

be appointed to a board under paragraph (1) only if the officer

served in a space-related career field of the Air Force for

sufficient time such that the Secretary of the Air Force deter-

mines that the retired Air Force officer has adequate knowledge

concerning the standards of performance and conduct required

of an officer of the Space Force.’’.

SEC. 1719A. RETIREMENT.

(a) I

ENERAL

.—Subtitle F of title 10, United States Code,

as amended by section 1719, is further amended by adding at

the end the following new chapter:

‘‘CHAPTER 2013—VOLUNTARY RETIREMENT FOR

LENGTH OF SERVICE

‘‘Sec.

‘‘20601. Officers: voluntary retirement for length of service.

‘‘20602. Officers: computation of years of service for voluntary retirement.

‘‘20603. Enlisted members: voluntary retirement for length of service.

‘‘20604. Enlisted members: computation of years of service for voluntary retirement.

‘‘20605. Applicability of other provisions of law relating to retirement.

‘‘§ 20601. Officers: voluntary retirement for length of service

‘‘(a) T

WENTY

EARS OR

ORE

.—The Secretary of the Air Force

may, upon the officer’s request, retire a commissioned officer of

the Space Force who has at least 20 years of service computed

under section 20602 of this title, at least 10 years of which have

been active service as a commissioned officer.

‘‘(b) T

HIRTY

EARS OR

ORE

.—A commissioned officer of the

Space Force who has at least 30 years of service computed under

section 20602 of this title may be retired upon the officer’s request,

in the discretion of the President.

‘‘(c) F

ORTY

EARS OR

ORE

.—Except as provided in section

20503 of this title, a commissioned officer of the Space Force who

has at least 40 years of service computed under section 20602

of this title shall be retired upon the officer’s request.

10 USC 20601.

10 USC

prec. 20601.

Determination.

Applicability.

Appointments.

10 USC 20506.

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137 STAT. 663 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘§ 20602. Officers: computation of years of service for vol-

untary retirement

‘‘(a) Y

EARS OF

CTIVE

ERVICE

.—For the purpose of determining

whether an officer of the Space Force may be retired under section

20601 of this title, the officer’s years of service are computed by

adding all active service in the armed forces.

‘‘(b) R

EFERENCE TO

ECTION

XCLUDING

ERVICE

URING

TAIN

ERIODS

.—Section 972(b) of this title excludes from computa-

tion of an officer’s years of service for purposes of this section

any time identified with respect to that officer under that section.

‘‘§ 20603. Enlisted members: voluntary retirement for length

of service

‘‘(a) T

WENTY TO

HIRTY

EARS

.—Under regulations to be pre-

scribed by the Secretary of the Air Force, an enlisted member

of the Space Force who has at least 20, but less than 30, years

of service computed under section 20604 of this title may, upon

the member’s request, be retired.

‘‘(b) T

HIRTY

EARS OR

ORE

.—An enlisted member of the Space

Force who has at least 30 years of service computed under section

20604 of this title shall be retired upon the member’s request.

‘‘§ 20604. Enlisted members: computation of years of service

for voluntary retirement

‘‘(a) Y

EARS OF

CTIVE

ERVICE

.—For the purpose of determining

whether an enlisted member of the Space Force may be retired

under section 20603 of this title, the member’s years of service

are computed by adding all active service in the armed forces.

‘‘(b) R

EFERENCE TO

ECTION

XCLUDING

OUNTING OF

ERTAIN

ERVICE

EQUIRED TO

ADE UP

.—Time required to be made

up under section 972(a) of this title may not be counted in com-

puting years of service under subsection (a).

‘‘§ 20605. Applicability of other provisions of law relating

to retirement

‘‘(a) A

PPLICABILITY TO

EMBERS OF THE

PACE

ORCE

.—Except

as specifically provided for by this chapter, the provisions of this

title specified in subsection (b) apply to members of the Space

Force as follows:

‘‘(1) Provisions pertaining to an officer of the Air Force

shall apply to an officer of the Space Force.

‘‘(2) Provisions pertaining to an enlisted member of the

Air Force shall apply to an enlisted member of the Space

Force.

‘‘(3) Provisions pertaining to a regular officer shall apply

to an officer who is on sustained duty in the Space Force.

‘‘(4) Provisions pertaining to a regular enlisted member

shall apply to an enlisted member who is on sustained duty

in the Space Force.

‘‘(5) Provisions pertaining to a reserve officer shall apply

to an officer who is in a space force active status but not

on sustained duty.

‘‘(6) Provisions pertaining to a reserve enlisted member

shall apply to an enlisted member who is in a space force

active status but not on sustained duty.

‘‘(7) Provisions pertaining to service in a regular component

shall apply to service on sustained duty.

10 USC 20605.

10 USC 20604.

10 USC 20603.

10 USC 20602.

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137 STAT. 664 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(8) Provisions pertaining to service in a reserve component

shall apply to service in a space force active status not on

sustained duty.

‘‘(9) Provisions pertaining to a member of the Ready

Reserve shall apply to a member of the Space Force who is

in a space force active status prior to being ordered to active

duty.

‘‘(10) Provisions pertaining to a member of the Retired

Reserve shall apply to a member of the Space Force who has

retired under chapter 1223 of this title.

‘‘(b) P

ROVISIONS OF

.—The provisions of this title referred

to in subsection (a) are the following:

‘‘(1) Chapter 61, relating to retirement or separation for

physical disability.

‘‘(2) Chapter 63, relating to retirement for age.

‘‘(3) Chapter 69, relating to retired grade.

‘‘(4) Chapter 71, relating to computation of retired pay.

‘‘(5) Chapter 941, relating to retirement from the Air Force

for length of service.

‘‘(6) Chapter 945, relating to computation of retired pay.

‘‘(7) Chapter 1223, relating to retired pay for non-regular

service.

‘‘(8) Chapter 1225, relating to retired grade.’’.

(b) C

ONFORMING

MENDMENTS

.—Title 10, United States Code,

is amended as follows:

(1) R

ETIRED MEMBERS ORDERED TO ACTIVE DUTY

.—Section

688(b) is amended—

(A) in paragraph (1), by striking ‘‘Regular Marine

Corps, or Regular Space Force’’ and inserting ‘‘or Regular

Marine Corps’’; and

(B) by adding at the end the following new paragraph:

‘‘(4) A retired member of the Space Force.’’.

(2) R

ETIRED GRADE

.—Section 9341 is amended—

(A) by striking ‘‘or the Space Force’’ both places it

appears in subsection (a);

(B) by striking ‘‘or a Regular or Reserve of the Space

Force’’ in subsection (b); and

‘‘(c) S

PACE

ORCE

.—(1) The retired grade of a commissioned

officer of the Space Force who retires other than for physical dis-

ability is determined under section 1370 or 1370a of this title,

as applicable to the officer.

‘‘(2) Unless entitled to a higher retired grade under some other

provision of law, a member of the Space Force not covered by

paragraph (1) who retires other than for physical disability retires

in the grade that the member holds on the date of the member’s

retirement.’’.

(3) R

ETIRED GRADE OF ENLISTED MEMBERS AFTER 30 YEARS

OF SERVICE

.—Section 9344(b)(2) is amended by striking ‘‘Reg-

ular’’ before ‘‘Space Force’’.

(4) R

ETIRED LISTS

.—Section 9346 is amended—

(A) in subsection (a), by striking ‘‘or the Regular Space

Force’’ and inserting ‘‘and a separate retired list containing

the name of each retired commissioned officer of the Space

Force (other than an officer whose name is on the list

maintained under subsection (b)(2))’’;

(B) in subsection (b)—

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137 STAT. 665 PUBLIC LAW 118–31—DEC. 22, 2023

(i) by inserting ‘‘(1)’’ after ‘‘(b)’’;

(ii) by redesignating paragraphs (1) and (2) as

subparagraphs (A) and (B), respectively;

(iii) in subparagraph (A), as so redesignated, by

striking ‘‘, or for commissioned officers of the Space

Force other than of the Regular Space Force’’;

(iv) in subparagraph (B), as so redesignated, by

striking ‘‘or the Space Force’’; and

(v) by adding at the end the following new para-

graph:

‘‘(2) The Secretary shall maintain a retired list containing

the name of—

‘‘(A) each person entitled to retired pay who as a

member of the Space Force qualified for retirement under

section 20601 of this title; and

‘‘(B) each retired warrant officer or enlisted member

of the Space Force who is advanced to a commissioned

grade.’’;

and inserting ‘‘and a separate retired list containing the

name of each retired warrant officer of the Space Force’’;

and

(D) in subsection (d), by striking ‘‘or the Regular Space

Force’’ and inserting ‘‘and a separate retired list containing

the name of each retired enlisted member of the Space

Force’’.

Subtitle B—Conforming Amendments Re-

lated to Space Force Military Personnel

System

SEC. 1721. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVI-

SIONS OF TITLE 10, UNITED STATES CODE.

(a) P

ROVISIONS

ELATING TO

ERSONNEL

.—Part II of subtitle

D of title 10, United States Code, is amended as follows:

(1) G

ENDER

FREE BASIS FOR ACCEPTANCE OF ORIGINAL

ENLISTMENTS

.—

(A) Section 9132 by striking ‘‘Regular’’ before ‘‘Space

Force’’.

(B) The heading of such section is amended by striking

the fifth word.

(2) R

EENLISTMENT AFTER SERVICE AS AN OFFICER

.—

(A) Section 9138(a) is amended by striking ‘‘Regular’’

before ‘‘Space Force’’ both places it appears.

(B) The heading of section 9138 is amended by striking

the fifth word.

(3) W

ARRANT OFFICERS

ORIGINAL APPOINTMENT

;

QUALIFICA

TIONS

.—Section 9160 is amended by striking ‘‘Regular’’ before

‘‘Space Force’’.

(4) S

ERVICE AS AN OFFICER TO BE COUNTED AS ENLISTED

SERVICE

.—Section 9252 is amended by striking ‘‘Regular’’ before

‘‘Space Force’’.

(5) C

HAPTER HEADING

.—

(A) The heading of chapter 915 is amended to read

as follows:

10 USC

prec. 9151.

10 USC

prec. 9131.

10 USC

prec. 9131, 9132.

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137 STAT. 666 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘CHAPTER 915—APPOINTMENTS IN THE REGULAR AIR

FORCE AND IN THE SPACE FORCE’’.

(B) The tables of chapters at the beginning of subtitle

D, and at the beginning of part II of subtitle D of such

title, are each amended by striking the item relating to

chapter 915 and inserting the following new item:

‘‘915. Appointments in the Regular Air Force and in the Space Force ............. 9151’’.

(b) P

ROVISIONS

ELATING TO

RAINING

ENERALLY

.—Section

9401 of such title is amended—

(1) in subsection (b)—

(A) by striking ‘‘or the Regular Space Force’’ after

‘‘Regular Air Force’’; and

(B) by inserting ‘‘or one of the Space Force in a space

force active status not on sustained duty,’’ after ‘‘on the

active-duty list,’’;

(2) in subsection (c)—

(A) by striking ‘‘or Reserve of the Space Force’’ and

inserting ‘‘or member of the Space Force in a space force

active status not on sustained duty’’; and

(B) by striking ‘‘the Reserve’s consent’’ and inserting

‘‘the member’s consent’’; and

(3) in subsection (f)—

(A) by striking ‘‘the Regular Space Force’’ and inserting

‘‘of Space Force members on sustained duty’’; and

(B) by striking ‘‘the Space Force Reserve’’ and inserting

‘‘of Space Force members in an active status not on sus-

tained duty’’.

ROVISIONS

ELATING TO THE

ORCE

CADEMY

.—

Chapter 953 of such title is amended as follows:

(1) P

ERMANENT PROFESSORS

;

DIRECTOR OF ADMISSIONS

.—

Section 9436 is amended—

(A) in subsection (a)—

(i) by striking ‘‘the equivalent grade in’’ both places

it appears;

(ii) by inserting ‘‘or the Space Force’’ after ‘‘Regular

Air Force’’ the first place it appears;

(iii) by striking ‘‘and a permanent’’ and all that

follows through ‘‘in the Regular Air Force’’; and

(B) in subsection (b)—

(i) by striking ‘‘the equivalent grade in’’ both places

it appears and inserting ‘‘the grade of lieutenant

colonel in’’; and

(ii) by striking ‘‘Regular Space Force has the grade

equivalent to the grade of colonel in the Regular Air

Force’’ and inserting ‘‘Space Force has the grade of

colonel in the Space Force’’.

(2) A

PPOINTMENT OF CADETS

.—Section 9442(b) is

amended—

(A) in paragraph (1)(C), by inserting ‘‘, or the Space

Force,’’ after ‘‘members of reserve components’’; and

(B) in paragraph (2), by striking ‘‘Regular’’ before

‘‘Space Force’’.

(3) A

GREEMENT OF CADETS TO SERVE AS OFFICERS

.—Section

9448(a) is amended—

(A) in paragraph (2)(A), by striking ‘‘Regular’’ before

‘‘Space Force’’; and

10 USC

prec. 9011,

prec. 9110.

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137 STAT. 667 PUBLIC LAW 118–31—DEC. 22, 2023

(B) in paragraph (3)—

(i) in the matter preceding subparagraph (A), by

inserting ‘‘, or to terminate the officer’s order to sus-

tained duty in the Space Force’’ after ‘‘resign as a

regular officer’’;

(ii) in subparagraph (A), by striking ‘‘or as a

Reserve in the Space Force for service in the Space

Force Reserve’’ and inserting ‘‘or will accept further

assignment in a space force active status’’; and

(iii) in subparagraph (B), by inserting ‘‘, or the

Space Force,’’ after ‘‘that reserve component’’.

(4) H

AZING

.—Section 9452(c) is amended by striking

‘‘Marine Corps, or Space Force,’’ and inserting, ‘‘or Marine

Corps, or in the Space Force,’’.

(5) C

OMMISSION UPON GRADUATION

.—Section 9453(b) is

amended—

(A) by striking ‘‘or in the equivalent grade in the Reg-

ular Space Force’’; and

(B) by inserting before the period the following: ‘‘or

a second lieutenant in the Space Force under section 531

or 20201 of this title’’.

(d) P

ROVISIONS

ELATING TO

CHOOLS AND

AMPS

.—Chapter

957 of such title is amended as follows:

(1) P

URPOSE

.—Section 9481 is amended—

(A) by striking ‘‘to qualify them for appointment’’ and

inserting ‘‘to qualify them for—

‘‘(1) appointment’’;

(B) by striking ‘‘or the Space Force Reserve.’’ and

inserting ‘‘; or’’; and

‘‘(2) appointment as officers, or enlistment as noncommis-

sioned officers, for service in the Space Force in a space force

active status.’’.

(2) O

PERATION

.—Section 9482(4) is amended by striking

‘‘or the Regular Space Force’’ and inserting ‘‘or members of

the Space Force in an active status’’.

SEC. 1722. AMENDMENTS TO SUBTITLE A OF TITLE 10, UNITED STATES

CODE.

(a) P

ROVISIONS

ELATING TO

RGANIZATION AND

ENERAL

ILI

TARY

OWERS

.—Part I of subtitle A of title 10, United States Code,

is amended as follows:

(1) A

NNUAL DEFENSE MANPOWER REPORT

.—Section

115a(d)(3)(F) is amended by inserting before the period the

following: ‘‘or, in the case of the Space Force, officers ordered

to active duty other than under section 20105(b) of this title’’.

(2) S

USPENSION OF END

STRENGTH AND OTHER STRENGTH

LIMITATIONS IN TIME OF WAR OR NATIONAL EMERGENCY

.—Section

123a(a)(2) is amended by inserting ‘‘or the Space Force’’ after

‘‘a reserve component’’.

(3) D

EPUTY COMMANDER OF USNORTHCOM

.—Section

164(e)(4) is amended—

(A) by inserting ‘‘(A)’’ after ‘‘(4)’’;

(B) by striking ‘‘shall be a’’ and all that follows and

inserting ‘‘shall be—

10 USC 9452.

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137 STAT. 668 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(i) a qualified officer of a reserve component who is eligible

for promotion to the grade of lieutenant general or, in the

case of the Navy, vice admiral; or

‘‘(ii) a qualified officer of the Space Force whose prior

service includes service in a space force active status other

than sustained duty and who is eligible for promotion to the

grade of lieutenant general.’’; and

graph:

‘‘(B) The requirement in subparagraph (A) does not apply when

the officer serving as commander of the combatant command

described in that subparagraph is (i) a reserve component officer,

or (ii) an officer of the Space Force whose prior service includes

service in a space force active status other than sustained duty.’’.

(4) R

EADINESS REPORTS

.—Section 482(a) is amended by

inserting ‘‘and the Space Force’’ after ‘‘active and reserve compo-

nents’’ in paragraphs (1) and (2).

(b) DOPMA O

FFICER

ERSONNEL

ROVISIONS

.—Chapter 36 of

such title is amended as follows:

(1) N

ONDISCLOSURE OF BOARD PROCEEDINGS

.—Section 613a

is amended by striking ‘‘573, 611, or 628’’ and inserting ‘‘573,

611, 628, or 20211’’ in subsections (a) and (c).

(2) I

NFORMATION FURNISHED TO SELECTION BOARDS

.—Sec-

tion 615(a) is amended—

(A) in paragraph (1), by inserting ‘‘or 20211’’ after

‘‘section 611(a)’’; and

(B) in paragraph (3)—

(i) in subparagraph (B), by striking ‘‘regular

officer’’ and all that follows and inserting ‘‘regular

officer or an officer in the Space Force, a grade above

captain or, in the case of the Navy, lieutenant.’’; and

(ii) in subparagraph (D)—

(I) by striking ‘‘major general,’’ and inserting

‘‘major general or’’; and

(II) by striking ‘‘or, in the case of the Space

Force, the equivalent grade,’’.

(3) E

LIGIBILITY FOR CONSIDERATION FOR PROMOTION

TIME

GRADE AND OTHER REQUIREMENTS

.—Section 619(a) is

amended by striking ‘‘Marine Corps, or Space Force’’ each place

it appears and inserting ‘‘or Marine Corps’’.

(4) A

UTHORITY TO VACATE PROMOTIONS TO GRADES OF BRIGA

DIER GENERAL AND REAR ADMIRAL (LOWER HALF)

.—Section 625(b)

is amended by striking ‘‘Marine Corps, or Space Force’’ and

inserting ‘‘or Marine Corps’’.

(5) S

PECIAL SELECTION REVIEW BOARD

.—Section 628a is

amended—

(A) in subsection (a)(1)(A)—

(i) by striking ‘‘major general,’’ and inserting

‘‘major general or’’; and

(ii) by striking ‘‘, or an equivalent grade in the

Space Force’’;

(B) in subsection (e)(2), by adding at the end the fol-

lowing new sentence: ‘‘However, in the case of an officer

on the Space Force officer list, the provisions of sections

618, 20215, and 20216 of this title apply to the report

and proceedings of a special selection review board con-

vened under this section in the same manner as they

Applicability.

10 USC 482.

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137 STAT. 669 PUBLIC LAW 118–31—DEC. 22, 2023

apply to report and proceedings of a promotion board con-

vened under section 20211 of this title.’’, and

lowing new sentence: ‘‘However, if the report of a special

selection review board convened under this section rec-

ommends the sustainment of the recommendation for pro-

motion to the next higher grade of an officer on the Space

Force officer list who was referred to it for review under

this section, and the President approves the report, the

officer shall, as soon as practicable, be appointed to the

grade in accordance with subsections (b) and (c) of section

20251 of this title.’’.

(6) R

ETIREMENT FOR YEARS OF SERVICE

.—

(A) L

IEUTENANT COLONELS

.—Section 633(a) is

amended—

(i) by inserting ‘‘(1)’’ before ‘‘Except as’’;

(ii) by striking ‘‘Regular Marine Corps, or Regular

Space Force’’ and inserting ‘‘or Regular Marine Corps’’;

and

(iii) by adding at the end the following new para-

graph:

‘‘(2) Except as provided under section 637(b) or 637a of this

title, each officer of the Space Force who holds the grade of lieuten-

ant colonel who is not on a list of officers recommended for pro-

motion to the grade of colonel shall, if not earlier retired, be retired

on the first day of the month after the month in which the officer

completes 28 years of active commissioned service.’’.

(B) C

OLONELS

.—Section 634(a) is amended—

(i) by inserting ‘‘(1)’’ before ‘‘Except as’’;

(ii) by striking ‘‘Regular Marine Corps, or Regular

Space Force’’ and inserting ‘‘or Regular Marine Corps’’;

and

(iii) by adding at the end the following new para-

graph:

‘‘(2) Except as provided under section 637(b) or 637a of this

title, each officer of the Space Force who holds the grade of colonel

who is not on a list of officers recommended for promotion to

the grade of brigadier general shall, if not earlier retired, be retired

on the first day of the month after the month in which the officer

completes 30 years of active commissioned service.’’.

RIGADIER GENERALS

.—Section 635 is amended—

(i) by inserting ‘‘(a) A

RMY

, N

AVY

, A

ORCE

AND

ARINE

ORPS

.—’’ before ‘‘Except as’’;

(ii) by striking ‘‘Regular Marine Corps, or Regular

Space Force’’ and inserting ‘‘or Regular Marine Corps’’;

and

(iii) by adding at the end the following new sub-

section:

‘‘(b) S

PACE

ORCE

.—Except as provided under section 637(b)

or 637a of this title, each officer of the Space Force who holds

the grade of brigadier general who is not on a list of officers

recommended for promotion to the grade of major general shall,

if not earlier retired, be retired as specified in subsection (a).’’.

(D) O

FFICERS IN GRADES ABOVE BRIGADIER GENERAL

.—

Section 636(a) is amended—

(i) by inserting ‘‘(1)’’ before ‘‘Except as’’;

10 USC 633.

Reports.

Recommenda-

tions.

President.

Appointment.

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137 STAT. 670 PUBLIC LAW 118–31—DEC. 22, 2023

(ii) by striking ‘‘Regular Marine Corps, or Regular

Space Force’’ and inserting ‘‘or Regular Marine Corps’’;

and

(iii) by adding at the end the following new para-

graph:

‘‘(2) Except as provided in subsection (b) or (c) and under

section 637(b) or 637a of this title, each officer of the Space Force

who holds the grade of major general shall, if not earlier retired,

be retired as specified in paragraph (1).’’.

(E) S

ECTION HEADINGS

.—

(i) The heading of section 633 is amended by

striking ‘‘lieutenant colonels and’’ and inserting

‘‘and Space Force lieutenant colonels; regular

Navy’’.

(ii) The heading of section 634 is amended by

striking ‘‘colonels and’’ and inserting ‘‘and Space

Force colonels; regular’’.

(iii) The heading of section 635 is amended by

striking ‘‘brigadier generals and’’ and inserting ‘‘and

Space Force brigadier generals; regular Navy’’.

(iv) The heading of section 636 is amended by

striking ‘‘officers in grades above brigadier gen-

eral and’’ and inserting ‘‘and Space Force officers

in grades above brigadier general; regular Navy

officers in grades above’’.

ANAGEMENT

OLICIES FOR

OINT

UALIFIED

FFICERS

.—

Section 661(a) of such title is amended—

(1) by striking ‘‘Marine Corps, and Space Force’’ and

inserting ‘‘and Marine Corps’’; and

(2) by inserting ‘‘, and officers of the Space Force on the

Space Force officer list,’’ after ‘‘active-duty list’’.

(d) L

EAVE

.—Chapter 40 of such title is amended as follows:

(1) E

NTITLEMENT AND ACCUMULATION

.—Section 701 is

amended—

(A) in subsection (h)—

(i) by inserting at the end of paragraph (2) the

following new subparagraph:

‘‘(D) A member of the Space Force in a space force active

status, not on sustained duty.’’; and

(ii) in paragraphs (5)(B) and (6), by inserting ‘‘,

or of the Space Force,’’ after ‘‘member of a reserve

component’’; and

(B) in subsection (i), by inserting ‘‘, or of the Space

Force,’’ after ‘‘member of a reserve component’’.

(2) P

AYMENT UPON DISAPPROVAL OF CERTAIN BOARD OF

INQUIRY RECOMMENDATIONS FOR EXCESS LEAVE REQUIRED TO

BE TAKEN

.—Section 707a(a)(1) is amended by inserting ‘‘or

20503’’ after ‘‘section 1182(c)(2)’’.

(3) C

AREER FLEXIBILITY TO ENHANCE RETENTION OF MEM

BERS

.—Section 710 is amended—

(A) in subsection (a), by inserting ‘‘or of the Space

Force’’ after ‘‘regular components’’;

(B) in subsection (b)(2), by inserting ‘‘, or a Space

Force officer in a space force active status not on active

duty under section 20105(b) of this title,’’ after ‘‘officer’’;

at the end the following: ‘‘or, in the case of a member

10 USC

prec. 627.

10 USC

prec. 627.

10 USC

prec. 627.

10 USC

prec. 627.

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137 STAT. 671 PUBLIC LAW 118–31—DEC. 22, 2023

of the Space Force on sustained duty, to accept release

from sustained duty orders and to serve in a space force

active status’’; and

(D) in subsection (g)(1)(A), by striking ‘‘chapter 36 or

1405’’ and inserting ‘‘chapter 36, 1405, or 2005’’.

(e) L

IMITATION ON

UMBER OF

FFICES

ROCKED

TO A

IGHER

RADE

.—Section 777(d)(2) of such title is amended

by inserting ‘‘, or for the Space Force, the Space Force officer

list,’’ after ‘‘active-duty list’’.

(f) U

NIFORM

ODE OF

ILITARY

USTICE

.—Chapter 47 of such

title (the Uniform Code of Military Justice), is amended as follows:

(1) P

ERSONS SUBJECT TO UCMJ

.—Section 802 (article 2)

is amended—

(A) in subsection (a)—

(i) in paragraph (1), by inserting ‘‘and members

of the Space Force on active duty under section 20105

of this title,’’ after ‘‘regular component of the armed

forces,’’;

(ii) in paragraph (3)(A)(i), by inserting ‘‘or the

Space Force’’ after ‘‘reserve component’’;

(iii) in paragraph (5), by inserting ‘‘, or retired

members of the Space Force who qualified for a non-

regular retirement and are receiving retired pay,’’ after

‘‘a reserve component’’; and

(iv) by adding at the end the following new para-

graph:

‘‘(14) Retired members of the Space Force who qualified

for a regular retirement under section 20603 of this title and

are receiving retired pay.’’; and

(B) in subsection (d)—

(i) in paragraph (1), by inserting ‘‘or the Space

Force’’ after ‘‘reserve component’’;

(ii) in paragraph (2), by inserting ‘‘or the Space

Force’’ after ‘‘a reserve component’’; and

(iii) in paragraph (4), by inserting ‘‘or the Space

Force’’ after ‘‘in a regular component of the armed

forces’’.

(2) J

URISDICTION TO TRY CERTAIN PERSONNEL

.—Subsection

(d) of section 803 (article 3) is amended by inserting, ‘‘or the

Space Force’’ after ‘‘reserve component’’.

(3) A

RTICLES TO BE EXPLAINED

.—Section 937 (article 137)

is amended—

(A) in subsection (a)(1)—

(i) by striking ‘‘or’’ at the end of subparagraph

(A);

(ii) by striking the period at the end of subpara-

graph (B) and inserting ‘‘; or’’; and

(iii) by adding at the end the following new

subparagraph:

‘‘(C) the member’s initial entrance on active duty or into

a space force active status.’’;

(B) in subsection (a)(2)—

(i) by striking ‘‘and’’ at the end of subparagraph

(A);

(ii) by redesignating subparagraph (B) as subpara-

graph (C); and

10 USC 777.

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137 STAT. 672 PUBLIC LAW 118–31—DEC. 22, 2023

(iii) by inserting after subparagraph (A) the fol-

lowing new subparagraph:

‘‘(B) after a member of Space Force has completed six

months of sustained duty or in the case of a member not

on sustained duty, after the member has completed basic or

recruit training; and’’;

Force’’ after ‘‘in a reserve component’’; and

(D) in subsection (d), by striking ‘‘or to a member

of a reserve component,’’ and inserting ‘‘, to a member

of a reserve component, or to a member of the Space

Force,’’.

(f) R

ESTRICTION ON

ERFORMANCE OF

IVIL

UNCTIONS BY

FFI

CERS ON

CTIVE

UTY

.—Section 973(b)(1) of such title 10 is

amended—

(1) by striking ‘‘and’’ at the end of subparagraph (B);

(2) by striking the period at the end of subparagraph (C)

and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(D) to an officer on the Space Force officer list serving

on active duty under section 20105(b) of this title or under

a call or order to active duty for a period in excess of 270

days.’’.

(h) U

SE OF

OMMISSARY

TORES AND

MWR R

ETAIL

ACILI

TIES

.—Section 1063 of such title is amended—

(1) in subsection (c)—

(A) in the heading, by inserting ‘‘

AND

PACE

ORCE

’’

after ‘‘R

ESERVE

’’; and

(B) by inserting ‘‘or the Space Force’’ after ‘‘reserve

component’’;

(2) by redesignating subsections (d) and (e) as subsections

(e) and (f), respectively;

(3) by inserting after subsection (c) the following new sub-

section (d):

‘‘(d) M

EMBERS OF THE

PACE

ORCE

.—A member of the Space

Force in a space force active status who is not on sustained duty

shall be permitted to use commissary stores and MWR retail facili-

ties under the same conditions as specified in subsection (a) for

a member of the Selected Reserve.’’; and

(4) in subsection (e), as redesignated by paragraph (2),

by striking ‘‘subsection (a) or (b)’’ in paragraph (1) and inserting

‘‘subsection (a), (b), or (d)’’.

(i) M

EMBERS

NVOLUNTARY

EPARATED

.—

(1) E

LIGIBILITY FOR CERTAIN BENEFITS AND SERVICES

.—Sec-

tion 1141 of such title is amended—

(A) by striking ‘‘and’’ at the end of paragraph (3);

(B) by striking the period at the end of paragraph

(4) and inserting a semicolon; and

‘‘(5) in the case of an officer of the Space Force (other

than a retired officer), the officer is involuntarily discharged

or released from active duty under other than adverse condi-

tions, as characterized by the Secretary of the Air Force; and

‘‘(6) in the case of an enlisted member of the Space Force,

the member is—

‘‘(A) denied reenlistment; or

Time period.

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137 STAT. 673 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) involuntarily discharged or released from active

duty under other than adverse conditions, as characterized

by the Secretary of the Air Force.’’.

(2) S

EPARATION PAY

.—Section 1174(a)(2) of such title is

amended by striking ‘‘, Marine Corps, or Space Force’’ both

places it appears and inserting ‘‘or Marine Corps’’.

(j) B

OARDS FOR THE

ORRECTION OF

ILITARY

ECORDS

.—

Chapter 79 of such title is amended as follows:

(1) R

EVIEW OF ACTIONS OF SELECTION BOARDS AND CORREC

TION OF MILITARY RECORDS

.—Section 1558 is amended—

(A) inserting ‘‘, or the Space Force,’’ after ‘‘reserve

component’’ each place it appears; and

(B) in subsection (b)—

(i) in paragraph (1)(C), by striking ‘‘section 628

or 14502’’ and inserting ‘‘section 628, 14502, or 20252’’;

(ii) in paragraph (2)(A), by striking ‘‘or 14705’’

and inserting ‘‘14507, or 20403’’; and

(iii) in paragraph (2)(B)(i), by striking ‘‘or 14101(a)’’

and inserting ‘‘14101(a), or 20211’’.

(2) T

ITLE OF AIR FORCE SERVICE REVIEW AGENCY

.—

(A) Sections 1555(c)(3) and 1557(f)(3) are amended by

inserting ‘‘the Department of’’ after ‘‘Air Force,’’.

(B) Section 1556(a) is amended by inserting ‘‘the

Department of’’ after ‘‘the Army Review Boards Agency,’’.

Department of the’’ after ‘‘Air Force,’’.

(k) M

ILITARY

AMILY

ROGRAMS

.—Chapter 88 of such title is

amended as follows:

(1) M

EMBERS OF DEPARTMENT OF DEFENSE MILITARY READI

NESS COUNCIL

.—Section 1781a(b)(1)(B)(iii) is amended—

(A) by striking ‘‘member and’’ and inserting ‘‘member,’’;

and

(B) by inserting ‘‘, and one of whom shall be the spouse

or parent of a member of the Space Force’’ after ‘‘parent

of a reserve component member’’.

(2) D

EPARTMENT OF DEFENSE POLICY AND PLANS FOR MILI

TARY FAMILY READINESS

.—Section 1781b is amended—

(A) in subsection (b)(3), by striking ‘‘military families

of members of the regular components and military families

of members of the reserve components’’ and inserting ‘‘mili-

tary families of members of the regular components, the

reserve components, and the Space Force’’; and

(B) in subsection (c)(2)—

(i) by striking ‘‘both’’; and

(ii) by striking ‘‘military families of members of

the regular components and military families of mem-

bers of the reserve components’’ and inserting ‘‘military

families of members of the regular components, mem-

bers of the reserve components, and members of the

Space Force’’.

(l) T

RAINING AND

DUCATION

ROGRAMS

.—

(1) P

AYMENT OF TUITION FOR OFF

DUTY TRAINING OR EDU

CATION

.—Section 2007 of such title is amended by adding at

the end the following new subsection:

‘‘(g) The provisions of this section pertaining to members of

the Ready Reserve, the Selected Reserve, or the Individual Ready

Applicability.

10 USC 1174.

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137 STAT. 674 PUBLIC LAW 118–31—DEC. 22, 2023

Reserve also apply to members of the Space Force in a space

force active status who are not on active duty.’’.

(2) ROTC

FINANCIAL ASSISTANT PROGRAM FOR SPECIALLY

SELECTED MEMBERS

.—Section 2107 of such title is amended—

(A) in subsection (a)—

(i) by striking ‘‘Navy,’’ and inserting ‘‘Navy or’’;

and

(ii) by striking ‘‘or as an officer in the equivalent

grade in the Space Force’’; and

(B) by adding at the end the following a new subsection:

‘‘(k) A

PPLICABILITY TO

PACE

ORCE

.—(1) Provisions of this

section referring to a regular commission, regular officer, or a

commission in a regular component shall be treated as also referring

to the commission of an officer, or an officer, who is a commissioned

officer in the Space Force serving on active duty pursuant to section

20105(b) of this title.

‘‘(2) Provisions of this section referring to a reserve commission,

reserve officer, or a commission in a reserve component shall be

treated as also referring to the commission of an officer, or an

officer, who is a commissioned officer in the Space Force not serving

on active duty pursuant to section 20105(b) of this title.’’.

(3) D

UTY AS ROTC ADMINISTRATORS AND INSTRUCTORS

.—

Section 2111 of such title is amended by adding at the end

the following new sentence: ‘‘The Secretary of the Air Force

may detail members of the Space Force in the same manner

as regular and reserve members of the Air Force.’’.

SEC. 1723. TITLE 38, UNITED STATES CODE (VETERANS’ BENEFITS).

(a) D

EFINITIONS

.—

(1) G

ENERAL DEFINITIONS

.—Section 101 of title 38, United

States Code, is amended—

(A) in paragraph (23), by inserting ‘‘, or for members

of the Space Force in a space force active status (as defined

in section 101(e)(1) of title 10),’’ in subparagraphs (A) and

(B) after ‘‘(including commissioned officers of the Reserve

Corps of the Public Health Service)’’; and

(B) in paragraph (27)—

(i) by striking subparagraph (E); and

(ii) by redesignating subparagraphs (F), (G), and

(H) as subparagraphs (E), (F), and (G), respectively.

(2) D

EFINITIONS FOR PURPOSES OF SGLI

.—Section 1965 of

such title is amended—

(A) in paragraph (2)(A), by inserting ‘‘, or by members

of the Space Force in a space force active status (as defined

in section 101(e)(1) of title 10) but not on sustained duty

under section 20105 of title 10,’’ after ‘‘for Reserves’’; and

(B) in paragraph (3)(A), by inserting ‘‘, or for members

of the Space Force in a space force active status (as defined

in section 101(e)(1) of title 10),’’ after ‘‘(including commis-

sioned officers of the Reserve Corps of the Public Health

Service)’’.

(b) P

ERSONS

LIGIBLE FOR

NTERMENT IN

ATIONAL

EME

TERIES

.—Section 2402(a) of such title is amended in paragraph

(2), by inserting ‘‘ any member of the Space Force,’’ after ‘‘a Reserve

component of the Armed Forces,’’.

DUCATIONAL

SSISTANCE

.—

10 USC 2107.

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137 STAT. 675 PUBLIC LAW 118–31—DEC. 22, 2023

(1) M

ONTGOMERY GI BILL

.—Section 3011(a)(3)(D) of such

title is amended by inserting ‘‘or for further service in the

Space Force in a space force active status not on sustained

duty under section 20105 of title 10’’ after ‘‘of the Armed

Forces,’’.

(2) P

OST 9

11 GI BILL

.—Section 3311(c)(3) of such title is

amended by inserting ‘‘, or for further service in the Space

Force in a space force active status not on sustained duty

under section 20105 of title 10,’’ after ‘‘of the Armed Forces’’

the second place it appears.

Subtitle C—Transition Provisions

SEC. 1731. TRANSITION PERIOD.

In this subtitle, the term ‘‘transition period’’ means the period

beginning on the date of the enactment of this Act and ending

on the last day of the fourth fiscal year beginning after the date

of the enactment of this Act.

SEC. 1732. CHANGE OF DUTY STATUS OF MEMBERS OF THE SPACE

FORCE.

(a) C

HANGE OF

UTY

TATUS

.—

(1) C

ONVERSION OF STATUS AND ORDER TO SUSTAINED

DUTY

.—During the transition period, the Secretary of the Air

Force shall change the duty status of each member of the

Regular Space Force to space force active status and shall,

at the same time, order the member to sustained duty under

section 20105 of title 10, United States Code, as added by

section 1715. Any such order may be made without regard

to any otherwise applicable requirement that such an order

be made only with the consent of the member or as specified

in an enlistment agreement or active-duty service commitment.

(2) D

EFINITIONS

.—For purposes of this section, the terms

‘‘space force active status’’ and ‘‘sustained duty’’ have the

meanings given those terms by subsection (e) of section 101

of title 10, United States Code, as added by section 1713(a).

(b) E

FFECTIVE

ATE OF

HANGE OF

UTY

TATUS

.—The change

of a member’s duty status and order to sustained duty in accordance

with subsection (a) shall be effective on the date specified by the

Secretary of the Air Force, but not later than the last day of

the transition period.

SEC. 1733. TRANSFER TO THE SPACE FORCE OF MEMBERS OF THE

RESERVE COMPONENTS OF THE AIR FORCE.

(a) T

RANSFER OF

EMBERS

.—

(1) O

FFICERS

.—During the transition period, the Secretary

of Defense may, with the officer’s consent, transfer a covered

officer of a reserve component of the Air Force to, and appoint

the officer in, the Space Force.

(2) E

NLISTED MEMBERS

.—During the transition period, the

Secretary of the Air Force may transfer each covered enlisted

member of a reserve component of the Air Force to the Space

Force, other than those members who do not consent to the

transfer.

(3) E

FFECTIVE DATE OF TRANSFERS

.—Each transfer under

this subsection shall be effective on the date specified by the

Secretary of Defense, in the case of an officer, or the Secretary

Appointments.

Definition.

10 USC 20001

note.

38 USC 3011.

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137 STAT. 676 PUBLIC LAW 118–31—DEC. 22, 2023

of the Air Force, in the case of an enlisted member, but not

later than the last day of the transition period.

(b) R

EGULATIONS

.—Transfers under subsection (a) shall be car-

ried out under regulations prescribed by the Secretary of Defense.

In the case of an officer, applicable regulations shall include those

prescribed pursuant to section 716 of title 10, United States Code.

ERM OF

NITIAL

NLISTMENT IN

PACE

ORCE

.—In the

case of a covered enlisted member who is transferred to the Space

Force in accordance with subsection (a), the Secretary of the Air

Force may accept the initial enlistment of the member in the

Space Force for a period of less than 2 years, but only if the

period of enlistment in the Space Force is not less than the period

remaining, as of the date of the transfer, in the member’s term

of enlistment in a reserve component of the Air Force.

(d) E

TRENGTH

DJUSTMENTS

PON

RANSFERS

ROM

ESERVE

OMPONENTS OF THE

ORCE

.—During the transition

period, upon the transfer of a mission of the Air Force Reserve

to the Space Force—

(1) the end strength authorized for the Space Force pursu-

ant to section 115(a)(1)(A) of title 10, United States Code,

for the fiscal year during which the transfer occurs shall be

increased by the number of billets associated with that mission;

and

(2) the end strength authorized for the reserve components

of the Air Force pursuant to section 115(a)(2) of such title

for such fiscal year shall be decreased by the same number.

(e) A

DMINISTRATIVE

ROVISIONS

.—For purposes of the transfer

of covered members of the Air Force Reserve in accordance with

subsection (a)—

(1) the Air Force Reserve, the Air National Guard, and

the Space Force shall be considered to be components of the

same Armed Force; and

(2) the Space Force officer list shall be considered to be

an active-duty list of an Armed Force.

(f) R

ETRAINING AND

EASSIGNMENT FOR

EMBERS

RANSFERRING

.—If a covered member of a reserve component of

the Air Force does not consent to transfer to the Space Force

in accordance with subsection (a), the Secretary of the Air Force

may, as determined appropriate by the Secretary in the case of

the individual member, provide the member retraining and

reassignment within a reserve component of the Air Force.

(g) C

OVERED

EFINED

.—For purposes of this section, the term

‘‘covered’’, with respect to a member of a reserve component of

the Air Force, means—

(1) a member who, as of the date of the enactment of

this Act, holds an Air Force specialty code for a specialty

held by members of the Space Force; and

(2) any other member designated by the Secretary of the

Air Force for the purposes of this section.

SEC. 1734. PLACEMENT OF OFFICERS ON THE SPACE FORCE OFFICER

LIST.

(a) P

LACEMENT ON

IST

.—Officers of the Space Force whose

duty status is changed in accordance with section 1732, and officers

of the reserve components of the Air Force who transfer to the

Space Force in accordance with 1733, shall be placed on the Space

Determination.

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137 STAT. 677 PUBLIC LAW 118–31—DEC. 22, 2023

Force officer list in an order determined by their respective grades

and dates of rank.

(b) O

FFICERS OF

AME

RADE AND

ATE OF

ANK

.—Among

officers of the same grade and date of rank, placement on the

Space Force officer list shall be in the order of their rank as

determined in accordance with section 741(c) of title 10, United

States Code.

SEC. 1735. DISESTABLISHMENT OF REGULAR SPACE FORCE.

(a) D

ISESTABLISHMENT

.—The Secretary of the Air Force shall

disestablish the Regular Space Force not later than the end of

the transition period, once there are no longer any members

remaining in the Regular Space Force. The Regular Space Force

shall be disestablished upon the completion of the change of duty

status of all members of the Space Force pursuant to section 1742

and certification by the Secretary of the Air Force to the congres-

sional defense committees that there are no longer any members

of the Regular Space Force.

(b) P

UBLICATION OF

OTICE IN

EDERAL

EGISTER

.—The Sec-

retary shall publish in the Federal Register notice of the disestab-

lishment of the Regular Space Force, including the date thereof,

together with any certification submitted pursuant to subsection

(a).

ONFORMING

EPEAL

.—

(1) R

EPEAL

.—Section 9085 of title 10, United States Code,

relating to the composition of the Regular Space Force, is

repealed.

(2) E

FFECTIVE DATE

.—The amendment made by this sub-

section shall take effect on the date on which the certification

is submitted under subsection (a).

SEC. 1736. END STRENGTH FLEXIBILITY.

(a) A

DDITIONAL

UTHORITY TO

ARY

TRENGTHS

.—

(1) A

UTHORITY

.—Notwithstanding section 115(g) of title 10,

United States Code, upon determination by the Secretary of

the Air Force that such action would enhance manning and

readiness in essential units or in critical specialties, the Sec-

retary may vary the end strength authorized by Congress for

a fiscal year as follows:

(A) Increase the end strength authorized pursuant to

section 115(a)(1)(A) of such title for a fiscal year for the

Space Force by a number equal to not more than 5 percent

of such authorized end strength.

(B) Decrease the end strength authorized pursuant

to section 115(a)(1)(A) of such title for a fiscal year for

the Space Force by a number equal to not more than

10 percent of such authorized end strength.

(2) T

ERMINATION

.—The authority provided under para-

graph (1) shall terminate on the last day of the transition

period.

(b) T

EMPORARY

XEMPTION FOR THE

PACE

ORCE

ROM

TRENGTH

RADE

ESTRICTIONS

.—Sections 517 and 523 of title

10, United States Code, shall not apply to the Space Force during

the transition period.

SEC. 1737. PROMOTION AUTHORITY FLEXIBILITY.

(a) P

ROMOTION

UTHORITY

LEXIBILITY

.—During the transition

period, the Secretary of the Air Force may convene selection boards

Determination.

Certification.

Deadline.

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137 STAT. 678 PUBLIC LAW 118–31—DEC. 22, 2023

to consider officers on the space force officer list for promotion,

and may promote Space Force officers selected by such boards,

in accordance with any of the following provisions of title 10, United

States Code:

(1) Chapter 36.

(2) Part III of subtitle E.

(3) Chapter 2005, as added by section 1716.

(b) C

OORDINATION OF

ROVISIONS

.—

(1) For a selection board convened pursuant to subsection

(a) to consider members of the Space Force for promotion in

accordance with chapter 36 of such title—

(A) provisions that apply to an officer of a regular

component of the Armed Forces shall apply to an officer

of the Space Force; and

(B) the space force officer list shall be considered to

be an active-duty list.

(2) For a selection board convened pursuant to pursuant

to subsection (a) to consider members of the Space Force for

promotion in accordance with part III of subtitle E of such

title—

(A) provisions that apply to an officer of a reserve

component of the Armed Forces shall apply to an officer

of the Space Force; and

(B) the space force officer list shall be considered to

be a reserve active-status list.

(3) For a selection board convened pursuant to subsection

(a) to consider members of the Space Force for promotion in

accordance with either chapter 36 or part III of subtitle E

of such title—

(A) section 20213 of such title shall apply to the com-

position of the selection board;

(B) the provisions of chapter 2005 of such title

regarding officers on the space force officer list eligible

to be considered for promotion to the grade of brigadier

general or major general shall apply;

(D) the provisions of chapter 36 or part III of subtitle

E of such title, as the case may be, regarding failure

of selection for promotion shall apply.

FFECT OF

SING

HAPTER

2005 A

UTHORITIES

.—If

the Secretary of the Air Force convenes a selection board under

chapter 2005 of title 10, United States Code, as added by section

1716, to consider officers on the space force officer list in a particular

grade and competitive category for selection for promotion to the

next higher grade, the Secretary may not convene a future selection

board pursuant to subsection (a) to consider officers of the same

grade and competitive category under chapter 36 or part III of

subtitle E of such title.

Subtitle D—Other Amendments Related to

the Space Force

SEC. 1741. TITLE 10, UNITED STATES CODE.

(a) A

MENDMENTS

ELATING TO THE

ESIGNATION OF

RADES

FOR

FFICERS OF THE

PACE

ORCE

.—Title 10, United States Code,

is amended as follows:

Applicability.

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137 STAT. 679 PUBLIC LAW 118–31—DEC. 22, 2023

(1) C

OMMISSIONED OFFICER GRADES

.—Section 9151 is

amended by inserting ‘‘and in the Space Force’’ after ‘‘in the

Regular Air Force’’.

(2) R

ANK

.—Section 741(a) is amended in the table by

striking ‘‘and Marine Corps’’ and inserting ‘‘Marine Corps, and

Space Force’’.

(3) D

EFINITION OF GENERAL OFFICER

.—Section 101(b)(4) is

amended by striking ‘‘or Marine Corps’’ and inserting ‘‘Marine

Corps, or Space Force’’.

(4) T

EMPORARY APPOINTMENTS TO POSITIONS DESIGNATED

TO CARRY THE GRADE OF GENERAL OR LIEUTENANT GENERAL

.—

Section 601(e) is amended—

(A) by striking ‘‘or Marine Corps,’’ and inserting

‘‘Marine Corps, or Space Force or’’; and

(B) by striking ‘‘or the commensurate grades in the

Space Force,’’.

(5) R

ETIRED GRADE OF OFFICERS

.—Section 1370 is amended

as follows:

(A) Subsection (a)(2) is amended by striking ‘‘major

general’’ and all that follows in subparagraphs (A) and

(B) and inserting ‘‘major general or rear admiral.’’.

(B) Subsection (b) is amended—

(i) in paragraph (1)—

(I) by striking ‘‘or Marine Corps’’ and all that

follows through ‘‘the Space Force,’’ and inserting

‘‘Marine Corps, or, Space Force or lieutenant in

the Navy,’’; and

(II) in subparagraph (B), by striking ‘‘major

general’’ and all that follow through ‘‘Space Force’’

and inserting ‘‘major general or rear admiral’’;

(ii) in paragraph (4), by striking ‘‘or Marine Corps’’

and all that follows through ‘‘Space Force,’’ and

inserting ‘‘Marine Corps, or Space Force or captain

in the Navy,’’;

(iii) in paragraph (5)—

(I) in subparagraph (A), by striking ‘‘or Marine

Corps’’ and all that follows through ‘‘Space Force,’’

and inserting ‘‘Marine Corps, or Space Force or

lieutenant commander in the Navy,’’;

(II) in subparagraph (B), by striking ‘‘or

Marine Corps’’ and all that follows through ‘‘Space

Force,’’ and inserting ‘‘Marine Corps, or Space

Force or commander or captain in the Navy,’’; and

(III) in subparagraph (C), by striking ‘‘or

Marine Corps’’ and all that follows through ‘‘Space

Force,’’ and inserting ‘‘Marine Corps, or Space

Force or rear admiral (lower half) or rear admiral

in the Navy,’’; and

(iv) in paragraph (6), by striking ‘‘, or an equivalent

grade in the Space Force,’’.

and all that follows through ‘‘Space Force’’ and inserting

‘‘Marine Corps, or Space Force or vice admiral or admiral

in the Navy’’.

(D) Subsection (d) is amended—

(i) in paragraph (1), by striking ‘‘or Marine Corps’’

and all that follows through ‘‘Space Force’’ and

10 USC 9151.

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137 STAT. 680 PUBLIC LAW 118–31—DEC. 22, 2023

inserting ‘‘Marine Corps, or Space Force or rear

admiral in the Navy’’; and

(ii) in paragraph (3), by striking ‘‘or Marine Corps’’

and all that follows through ‘‘Space Force,’’ and

inserting ‘‘Marine Corps, or Space Force or captain

in the Navy,’’.

(E) Subsection (e)(2) is amended by striking ‘‘or Marine

Corps’’ and all that follows through ‘‘Space Force,’’ and

inserting ‘‘Marine Corps, or Space Force or vice admiral

or admiral in the Navy,’’.

(F) Subsection (f) is amended—

(i) in paragraph (3)—

(I) in subparagraph (A), by striking ‘‘or Marine

Corps’’ and all that follows through ‘‘Space Force,’’

and inserting ‘‘Marine Corps, or Space Force or

rear admiral in the Navy’’; and

(II) in subparagraph (B), by striking ‘‘ ‘or

Marine Corps’ and all that follows through ‘Space

Force’ and inserting ″Marine Corps, or Space Force

or vice admiral or admiral in the Navy’’; and

(ii) in paragraph (6)—

(I) in subparagraph (A), by striking ‘‘or Marine

Corps’’ and all that follows through ‘‘Space Force,’’

and inserting ‘‘Marine Corps, or Space Force or

rear admiral in the Navy’’; and

(II) in subparagraph (B), by striking ‘‘or

Marine Corps’’ and all that follows through ‘‘Space

Force,’’ and inserting ‘‘Marine Corps, or Space

Force or vice admiral or admiral in the Navy’’.

(6) H

ONORARY PROMOTIONS

.—Sections 1563(c)(1) and

1563a(a)(1) are each amended—

(A) by striking ‘‘general,’’ and inserting ‘‘general or’’;

and

(B) by striking ‘‘, or an equivalent grade in the Space

Force’’.

(7) A

IR FORCE INSPECTOR GENERAL

.—Section 9020(a) is

amended by striking ‘‘the general, flag, or equivalent officers

of’’.

(b) O

THER

ITLE

10 A

MENDMENTS

.—Such title is further

amended as follows:

(1) L

IMITATION ON NUMBER OF RETIRED MEMBERS ORDERED

TO ACTIVE DUTY

.—Section 690(a) is amended by striking ‘‘or

Marine Corps,’’ and inserting ‘‘Marine Corps, or Space Force,’’.

(2) T

HE UNIFORM

.—Section 772(i) is amended—

(A) by striking ‘‘an Air Force School’’ and inserting

‘‘an Air Force or Space Force school’’; and

(B) by striking ‘‘aviation badges of the Air Force’’ and

inserting ‘‘aviation or space badges of the Air Force or

Space Force’’.

(3) M

EMBERSHIP IN MILITARY UNIONS

ORGANIZING OF MILI

TARY UNIONS

AND RECOGNITION OF MILITARY UNIONS PROHIB

ITED

.—Section 976(a) is amended by inserting ‘‘or the Space

Force’’ in paragraph (1)(C) after ‘‘member of a Reserve compo-

nent’’.

(4) L

IMITATION ON ENLISTED AIDES

.—Section 981 is

amended—

10 USC 1370.

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137 STAT. 681 PUBLIC LAW 118–31—DEC. 22, 2023

(A) in subsection (a), by striking ‘‘Marine Corps, Air

Force,’’ and inserting ‘‘Air Force, Marine Corps, Space

Force,’’;

(B) in subsection (b), by striking ‘‘and Marine Corps’’

and inserting ‘‘Marine Corps, and Space Force’’; and

after ‘‘Marine Corps,’’.

(5) D

EFINITION OF VETERAN FOR PURPOSES OF FUNERAL

HONORS

.—Section 1491(h)(1) is amended by striking ‘‘or air

service’’ and inserting ‘‘air, or space service’’.

(6) H

OUSING FOR RECRUITS

.—Section 9419(d) is amended

by inserting ‘‘or the Space Force’’ after ‘‘training program of

the Air Force’’.

(7) C

HARTER OF CHIEF OF SPACE OPERATIONS

.—Section 9082

is amended as follows:

(A) C

ROSS

REFERENCE CORRECTION

.—Subsection (d)(5)

is amended by striking ‘‘sections’’ and all that follows

through ‘‘of law’’ and inserting ‘‘sections 171 and 3104

of this title and other provisions of law’’.

(B) E

LAPSED

TIME PROVISION

.—Subsection (e)(1) is

amended by striking ‘‘Commencing’’ and all that follows

through ‘‘the Chief’’ and inserting ‘‘The Chief’’.

SEC. 1742. OTHER PROVISIONS OF LAW.

(a) T

RADE

CT OF

1974.—Section 233(i)(1) of the Trade Act

of 1974 (19 U.S.C. 2293(i)(1)) is amended by inserting ‘‘, or a

member of the Space Force,’’ after ‘‘a member of a reserve compo-

nent of the Armed Forces’’.

(b) T

ITLE

28, U

NITED

TATES

ODE

UDICIARY AND

UDICIAL

ROCEDURE

).—Section 631(c) of title 28, United States Code is

amended by inserting ‘‘members of the Space Force’’ after ‘‘Coast

Guard’’ the second place it appears.

ERVICEMEMBERS

IVIL

ELIEF

.—The Servicemembers

Civil Relief Act (50 U.S.C. 3901 et seq.) is amended as follows:

(1) M

ILITARY SERVICE DEFINED

.—Section 101(2)(A) (50

U.S.C. 3911(2)(A)) is amended by inserting ‘‘Space Force,’’ after

‘‘Marine Corps,’’.

(2) S

AME RIGHTS AND PROTECTIONS AS RESERVES ORDERED

TO REPORT FOR MILITARY SERVICE

.—Section 106 (50 U.S.C. 3911)

is amended by adding at the end the following new subsection:

‘‘(c) The provisions of subsection (a) apply to a member of

the Space Force who is ordered to report for military service in

the same manner as to a member of a reserve component who

is ordered to report for military service.’’.

(3) E

XERCISE OF RIGHTS UNDER SCRA

.—Section 108(5) (50

U.S.C. 3919(5)) is amended by inserting before the period at

the end the following: ‘‘or as a member of the Space Force’’.

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.

Applicability.

50 USC 3917.

10 USC 1491.

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137 STAT. 682 PUBLIC LAW 118–31—DEC. 22, 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.

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.

Subtitle A—Other Defense Matters

SEC. 1801. TECHNICAL AND CONFORMING AMENDMENTS.

(a) T

ITLE

10, U

NITED

TATES

ODE

.—Title 10, United States

Code, is amended as follows:

(1) In the subtitle analysis for subtitle A—

(A) by striking the item relating to chapter 113 and

inserting the following new item:

‘‘113. Defense Civilian Training Corps .........................................................2200g’’;

(B) by striking the item relating to chapter 207 and

inserting the following new item:

‘‘207. Budgeting and Appropriations ............................................................. 3131’’;

inserting the following new item:

‘‘225. øReserved¿ ................................................................................................. 3271’’;

10 USC

prec. 101.

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137 STAT. 683 PUBLIC LAW 118–31—DEC. 22, 2023

(D) by striking the item relating to chapter 272 and

inserting the following new item:

‘‘272. øReserved¿ ................................................................................................. 3721’’;

(E) by striking the item relating to chapter 287 and

inserting the following new item:

‘‘287. Other Contracting Programs ................................................................ 3901’’;

(F) by striking the item relating to chapter 305 and

inserting the following new item:

‘‘305. Universities ............................................................................................... 4141’’;

(G) by inserting after the item relating to chapter

307 the following new items:

‘‘SUBPART F—MAJOR SYSTEMS, MAJOR DEFENSE ACQUISITION

PROGRAMS, AND WEAPON SYSTEMS DEVELOPMENT

‘‘321. General Matters ........................................................................................4201

‘‘322. Major Systems and Major Defense Acquisition Programs Gen-

erally ........................................................................................................4211

‘‘323. Life-Cycle and Sustainment ..................................................................4321

‘‘324. Selected Acquisition Reports ................................................................4350

‘‘325. Cost Growth-Unit Cost Reports (Nunn-McCurdy) ...........................4371

‘‘326. Weapon Systems Development And Related Matters .....................4401’’; and

(H) by striking the item relating to chapter 383 and

inserting the following new item:

‘‘383. Development, Application, and Support of Dual-Use Tech-

nologies ................................................................................................... 4831’’.

(2) Section 172(c) is amended—

(A) in paragraph (5), by striking ‘‘performs’’ and

inserting ‘‘perform’’;

(B) in paragraph (11), by striking ‘‘establishes’’ and

inserting ‘‘establish’’; and

inserting ‘‘conduct’’.

(3) Section 231 is amended—

(A) in the section heading, by striking ‘‘plan and cer-

tification’’ and inserting ‘‘plans and certifications’’; and

(B) in subsection (f)(1), by striking ‘‘such plan and

certification’’ and inserting ‘‘such plans and certifications’’.

(4) Section 386(b) is amended—

(A) in paragraph (2)(E), by striking ‘‘bi-lateral’’ and

inserting ‘‘bilateral’’; and

(B) in paragraph (4)—

(i) in subparagraph (E)(iii), by inserting ‘‘and’’ after

the semicolon; and

(ii) in subparagraph (H), by striking ‘‘sections’’ and

inserting ‘‘section’’.

(5) Section 392a is amended—

(A) in subsection (b)(2)(B) by striking ‘‘designed’’ and

inserting ‘‘designated’’; and

(B) in subsection (c)(4)(A), by striking ‘‘clause (ii)’’ and

inserting ‘‘subparagraph (B)’’.

(6) The second section 398 (relating to pilot program for

sharing cyber capabilities and related information with foreign

operational partners) is redesignated as section 398a.

(7) Section 398a, as so redesignated, is amended—

(A) in subsection (b)—

(i) in paragraph (1)(A) by striking ‘‘paragraph (a)’’

inserting ‘‘subsection (a)’’;

10 USC

prec. 391.

10 USC

prec. 221.

10 USC 172.

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137 STAT. 684 PUBLIC LAW 118–31—DEC. 22, 2023

(ii) in paragraph (2), by striking ‘‘paragraph (a)’’

and inserting ‘‘paragraph (1)’’; and

(iii) in paragraph (3), by striking ‘‘clause (1)’’ and

inserting ‘‘paragraph (1)’’; and

(B) in subsection (e), by striking ‘‘paragraph (a)’’ and

inserting ‘‘subsection (a)’’.

(8) Section 491(c) is amended by striking ‘‘the a’’ and

inserting ‘‘a’’.

(9) Section 526a is amended by redesignating the second

subsection (i) as subsection (j).

(10) Section 701(l)(1)(B) is amended by redesignating

clauses (A) through (C) as clauses (i) through (iii).

(11) Section 1074h(c)(1) is amended by striking ‘‘section

491 of title 14’’ and inserting ‘‘section 2732 of title 14’’.

(12) Section 1076a(d)(1)(E)(i) is amended by inserting ‘‘)’’

after ‘‘subsection (e)(3)’’.

(13) The section heading for section 1090a is amended

by striking the period after ‘‘disorders’’.

(14) Section 1090b(e)(1)(B)(ii) is amended by striking

‘‘ensure’’ and inserting ‘‘ensuring’’.

(15) Section 1134a(b) is amended by striking ‘‘section 491

of title 14’’ and inserting ‘‘section 2732 of title 14’’.

(16) Section 1370a is amended—

(A) in subsection (e), by inserting ‘‘to’’ before ‘‘ ‘active

duty’ ’’; and

(B) in subsection (f)—

(i) by striking ‘‘1370e(e)’’ and inserting ‘‘1370(e)’’;

and

(ii) by striking ‘‘reference to ‘chapter 71’ of this

title’’ and inserting ‘‘reference to ‘chapter 71 of this

title’ ’’.

(17) Section 1789(c)(3) is amended by striking ‘‘subpara-

graph (A) or (B)’’ and inserting ‘‘paragraph (1) or (2)’’.

(18) Section 2200g(a) is amended by inserting ‘‘I

ERAL

.—’’ before ‘‘The Secretary’’.

(19) Section 2228(c)(2) is amended by striking ‘‘;;’’ and

inserting ‘‘;’’.

(20) The table of sections at the beginning of chapter 134

is amended by striking the item relating to section 2249.

(21) Section 2275(g)(3) is amended by striking ‘‘sections’’

and inserting ‘‘section’’.

(22) Section 2700(2) is amended by striking ‘‘The term’’

and inserting ‘‘The terms’’.

(23) Section 2864(f) is amended by redesignating paragraph

(6) as paragraph (4).

(24) Section 2878(f)(2)(D)(iii) is amended by striking ‘‘An

report’’ and inserting ‘‘A report’’.

(25) The item relating to section 3106 in the table of

sections at the beginning of chapter 205 is amended by inserting

a period at the end.

(26) Section 3304(g) is amended by inserting ‘‘under’’ before

‘‘this section’’.

(27) Section 3323(b)(2) is amended by striking the period

after ‘‘notwithstanding’’.

(28) Section 3601(b)(4) is amended by inserting ‘‘note’’

before ‘‘prec.’’.

(29) Section 3702 is amended—

10 USC

prec. 3101.

10 USC

prec. 2241.

10 USC

prec. 1071.

10 USC 491.

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137 STAT. 685 PUBLIC LAW 118–31—DEC. 22, 2023

(A) in subsection (a)(4) is amended by striking

‘‘subparagraph (C)’’ and inserting ‘‘paragraph (3)’’; and

(B) in subsection (f), by striking ‘‘subparagraphs (B)

and (C) of such paragraph’’ and inserting ‘‘paragraphs (1)

and (2) of such subsection’’.

(30) Section 4014(b) is amended by striking ‘‘section 4142(b)

of this title’’ and inserting ‘‘section 4125(b) of this title’’.

(31) Section 4024 is amended by striking ‘‘section 2303(a)

of this title’’ each place it appears and inserting ‘‘section 3063

of this title’’.

(32) By striking the second section 4094.

(33) Section 4092(c)(2) is amended by striking ‘‘the the’’

and inserting ‘‘the’’.

(34) Section 4273(b)(5)(A) is amended by striking ‘‘4736’’

and inserting ‘‘4376’’.

(35) Section 4351(c)(1)(B)(iv) is amended by striking ‘‘sec-

tion 4355(4) of this title’’ and inserting ‘‘subsection (e)(4)’’.

(36) Section 4820(b) is amended—

(A) by striking ‘‘subchapters’’ and inserting ‘‘chapters’’;

and

(B) by striking ‘‘subchapter’’ and inserting ‘‘chapter’’.

(37) Section 4902(k)(5) is amended by inserting ‘‘the’’ before

‘‘mentor’’.

(38) Section 8062 is amended by redesignating the second

subsection (g) as subsection (h).

(39) Chapter 863 is amended by redesignating the second

section 8696 (relating to battle force ship employment, mainte-

nance, and manning baseline plans) as section 8697.

(b) C

OORDINATION

ITH

THER

MENDMENTS

ADE BY

HIS

.—For purposes of applying amendments made by provisions

of this Act other than this section, the amendments made by this

section shall be treated as having been enacted immediately before

any such amendments by other provisions of this Act.

SEC. 1802. EXTENSION OF AUTHORITY TO ENGAGE IN CERTAIN

COMMERCIAL ACTIVITIES.

Section 431(a) of title 10, United States Code, is amended

by striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2024’’.

SEC. 1803. MODIFICATION TO REQUIREMENTS RELATING TO COM-

BATING MILITARY RELIANCE ON RUSSIAN ENERGY.

Section 1086 of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (Public Law 117–263) is

amended—

(1) in subsection (a)(2), by striking ‘‘main operating bases’’

and inserting ‘‘operating bases’’; and

(2) in each of subsections (b) and (g), by striking ‘‘main

operating base’’ each place it appears and inserting ‘‘operating

base’’;

(3) in subsection (c)—

(A) in the subsection heading, by striking ‘‘M

AIN

’’;

(B) by striking paragraph (1) and inserting the fol-

lowing new paragraph (1):

‘‘(1) I

DENTIFICATION OF INSTALLATIONS

.—The Secretary of

Defense shall submit to the congressional defense committees

a list of operating bases within the area of responsibility of

the United States European Command ranked according to

List.

Deadlines.

10 USC 2911

note.

10 USC 101 note.

10 USC

prec. 8661.

Repeal.

10 USC

prec. 4061.

10 USC 3702.

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137 STAT. 686 PUBLIC LAW 118–31—DEC. 22, 2023

mission criticality and vulnerability to energy disruption as

follows:

‘‘(A) In the case of a main operating base, by not

later than June 1, 2023.

‘‘(B) In the case of any operating base other than

a main operating base, by not later than June 1, 2024.’’;

and

graph (1)’’.

SEC. 1804. U.S. HOSTAGE AND WRONGFUL DETAINEE DAY ACT OF 2023.

(a) D

ESIGNATION

.—

(1) H

OSTAGE AND WRONGFUL DETAINEE DAY

.—

(A) I

N GENERAL

.—Chapter 1 of title 36, United States

Code, is amended—

(i) by redesignating the second section 146

(relating to Choose Respect Day) as section 147; and

(ii) by adding at the end the following:

‘‘§ 148. U.S. Hostage and Wrongful Detainee Day

‘‘(a) D

ESIGNATION

.—March 9 is U.S. Hostage and Wrongful

Detainee Day.

‘‘(b) P

ROCLAMATION

.—The President is requested to issue each

year a proclamation calling on the people of the United States

to observe U.S. Hostage and Wrongful Detainee Day with appro-

priate ceremonies and activities.’’.

(B) T

ECHNICAL AND CONFORMING AMENDMENT

.—The

table of sections for chapter 1 of title 36, United States

Code, is amended by striking the item relating to the

second section 146 and inserting the following new items:

‘‘147. Choose Respect Day.

‘‘148. U.S. Hostage and Wrongful Detainee Day.’’.

(2) H

OSTAGE AND WRONGFUL DETAINEE FLAG

.—

(A) I

N GENERAL

.—Chapter 9 of title 36, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 904. Hostage and Wrongful Detainee flag

‘‘(a) D

ESIGNATION

.—The Hostage and Wrongful Detainee flag

championed by the Bring Our Families Home Campaign is des-

ignated as the symbol of the commitment of the United States

to recognizing, and prioritizing the freedom of, citizens and lawful

permanent residents of the United States held as hostages or wrong-

fully detained abroad.

‘‘(b) R

EQUIRED

ISPLAY

.—

‘‘(1) I

N GENERAL

.—The Hostage and Wrongful Detainee

flag shall be displayed at the locations specified in paragraph

(3) on the days specified in paragraph (2).

‘‘(2) D

AYS SPECIFIED

.—The days specified in this paragraph

are the following:

‘‘(A) U.S. Hostage and Wrongful Detainee Day, March

‘‘(B) Flag Day, June 14.

‘‘(C) Independence Day, July 4.

‘‘(D) Any day on which a citizen or lawful permanent

resident of the United States—

36 USC 904.

36 USC

prec. 101.

President.

36 USC 148.

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137 STAT. 687 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(i) returns to the United States from being held

hostage or wrongfully detained abroad; or

‘‘(ii) dies while being held hostage or wrongfully

detained abroad.

‘‘(3) L

OCATIONS SPECIFIED

.—The locations specified in this

paragraph are the following:

‘‘(A) The Capitol.

‘‘(B) The White House.

‘‘(C) The buildings containing the official office of—

‘‘(i) the Secretary of State; and

‘‘(ii) the Secretary of Defense.

‘‘(c) D

ISPLAY

EINA

ANNER

ISIBLE TO THE

UBLIC

.—

Display of the Hostage and Wrongful Detainee flag pursuant to

this section shall be in a manner designed to ensure visibility

to the public.

‘‘(d) L

IMITATION

.—This section may not be construed or applied

so as to require any employee to report to work solely for the

purpose of providing for the display of the Hostage and Wrongful

Detainee flag.’’.

(B) T

ECHNICAL AND CONFORMING AMENDMENT

.—The

table of sections for chapter 9 of title 36, United States

Code, is amended by adding at the end the following:

‘‘904. Hostage and Wrongful Detainee flag.’’.

SEC. 1805. IMPROVEMENTS TO DEPARTMENT OF VETERANS AFFAIRS-

DEPARTMENT OF DEFENSE JOINT EXECUTIVE COM-

MITTEE.

Section 320 of title 38, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘; and’’ and

inserting a semicolon;

(ii) in subparagraph (B), by striking the period

at the end and inserting a semicolon; and

(iii) by adding at the end the following new sub-

paragraphs:

‘‘(C) the Assistant Secretary of Labor for Veterans’ Employ-

ment and Training and such other officers and employees of

the Department of Labor as the Secretary of Labor may des-

ignate; and

‘‘(D) such officers and employees of other Executive agencies

as the Secretary of Veterans Affairs and the Secretary of

Defense jointly determine, with the consent of the heads of

the Executive agencies of such officers and employees, necessary

to carry out the goals and objectives of the Committee.’’;

(B) by adding at the end the following new paragraph:

‘‘(3) The co-chairs of the Committee are the Deputy Secretary

of Veterans Affairs and the Under Secretary of Defense for Per-

sonnel and Readiness.’’;

(2) in subsection (b)(2), by striking ‘‘Job Training and Post-

Service Placement Executive Committee’’ and inserting ‘‘Transi-

tion Executive Committee’’;

(3) in subsection (d), by adding at the end the following

new paragraph:

Determination.

36 USC

prec. 901.

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137 STAT. 688 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(6) Develop, implement, and oversee such other joint

actions, initiatives, programs, and policies as the two Secre-

taries determine appropriate and consistent with the purpose

of the Committee.’’; and

(4) in subsection (e)—

(A) in the subsection heading, by striking ‘‘J

RAINING AND

OST

-S

ERVICE

LACEMENT

’’ and inserting

‘‘T

RANSITION

’’;

(B) in the matter before paragraph (1)—

(i) by striking ‘‘Job Training and Post-Service

Placement’’ and inserting ‘‘Transition’’;

(ii) by inserting ‘‘, in addition to such other activi-

ties as may assigned to the committee under subsection

(d)(6)’’ after ‘‘shall’’; and

life in the Armed Forces to civilian life,’’ after ‘‘job training’’.

SEC. 1806. ACCESS TO AND USE OF MILITARY POST OFFICES BY UNITED

STATES CITIZENS EMPLOYED OVERSEAS BY THE NORTH

ATLANTIC TREATY ORGANIZATION WHO PERFORM FUNC-

TIONS IN SUPPORT OF MILITARY OPERATIONS OF THE

ARMED FORCES.

(a) R

EQUIREMENT TO

UTHORIZE

SE OF

OST

FFICE

.—Section

406 of title 39, United States Code, is amended by striking ‘‘may

authorize the use’’ and inserting ‘‘shall authorize the use’’.

(b) B

RIEFING

EQUIREMENT

.—Not later than March 1, 2024,

the Secretary of Defense shall brief the Committees on Armed

Services of the Senate and House of Representatives on the revision

of the Financial Management Regulation to authorize individuals

under subparagraph (A) of section 406(c)(1) of title 39, United

States Code, as amended by subsection (a), to utilize the authority

provided under such subparagraph. If there is a determination

that this authority is not feasible for a legal or financial reason,

the Secretary shall include the background for those determinations

in the briefing.

SEC. 1807. EXTENSION OF ADMISSION TO GUAM OR THE COMMON-

WEALTH OF THE NORTHERN MARIANA ISLANDS FOR CER-

TAIN NONIMMIGRANT H–2B WORKERS.

Section 6(b)(1)(B) of the Joint Resolution entitled ‘‘A Joint Reso-

lution to approve the ‘Covenant to Establish a Commonwealth

of the Northern Mariana Islands in Political Union with the United

States of America’, and for other purposes’’, approved March 24,

1976 (48 U.S.C. 1806(b)(1)(B)), is amended, in the matter preceding

clause (i), by striking ‘‘December 31, 2024’’ and inserting ‘‘December

31, 2029’’.

SEC. 1808. SUPPORT FOR EXECUTION OF BILATERAL AGREEMENTS

CONCERNING ILLICIT TRANSNATIONAL MARITIME

ACTIVITY IN AFRICA.

(a) I

ENERAL

.—The Secretary of Defense, in coordination

with the Commandant of the Coast Guard, and in consultation

with the Secretary of State, may provide assistance to the Coast

Guard for the execution of existing maritime law enforcement agree-

ments between the United States and friendly African countries

that were established to combat transnational organized illegal

maritime activity, including illegal, unreported, and unregulated

fishing.

10 USC 331 note.

Determinations.

Deadline.

Determination.

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137 STAT. 689 PUBLIC LAW 118–31—DEC. 22, 2023

(b) E

FFECT ON

ILITARY

RAINING AND

EADINESS

.—The Sec-

retary of Defense shall ensure that the provision of assistance

under this section does not negatively affect military training, oper-

ations, readiness, or other military requirements.

UNDS

.—If the Secretary of Defense provides assistance

under subsection (a) during any fiscal year, the Secretary shall

provide such assistance using amounts available for that fiscal

year for the Department of Defense for operation and maintenance.

(d) A

SSISTANCE

EFINED

.—In this section, the term ‘‘assistance’’

means any of the following:

(1) The use of surface and air assets as bases of operations

and information collection platforms.

(2) Communication infrastructure.

(3) Information sharing.

(4) The provision of logistic support, supplies, and services

(as such term is defined in section 2350 of title 10, United

States Code).

SEC. 1809. NATIONAL COLD WAR CENTER DESIGNATION.

(a) P

URPOSES

.—The purposes of this section are—

(1) to designate the museum located at Blytheville/Eaker

Air Force Base in Blytheville, Arkansas, including its future

and expanded exhibits, collections, and educational programs,

as a ‘‘National Cold War Center’’;

(2) to recognize the preservation, maintenance, and

interpretation of the artifacts, documents, images, and history

collected by the Center;

(3) to enhance the knowledge of the American people of

the experience of the United States during the Cold War years;

and

(4) to ensure that all future generations understand the

sacrifices made to preserve freedom and democracy, and the

benefits of peace for all future generations in the 21st century

and beyond.

(b) D

ESIGNATION

.—

(1) I

N GENERAL

.—The museum located at Blytheville/Eaker

Air Force Base in Blytheville, Arkansas, is designated as a

‘‘National Cold War Center’’.

(2) R

ULE OF CONSTRUCTION

.—Nothing in this section shall

preclude the designation of other national centers or museums

in the United States interpreting the Cold War.

FFECT OF

ESIGNATION

.—The National Cold War Center

designated by this section is not a unit of the National Park System,

and the designation of the center as a National Cold War Center

shall not be construed to require or permit Federal funds to be

expended for any purpose related to the designation made by this

section.

SEC. 1810. REVISION OF REQUIREMENT FOR TRANSFER OF CERTAIN

AIRCRAFT TO STATE OF CALIFORNIA FOR WILDFIRE

SUPPRESSION PURPOSES.

(a) T

RANSFER OF

XCESS

OAST

UARD

HC-130H A

IRCRAFT

.—

(1) T

RANSFER TO STATE OF CALIFORNIA

.—The Secretary of

Homeland Security shall transfer to the State of California

without reimbursement—

(A) the 7 HC–130H aircraft specified in paragraph

(2); and

Arkansas.

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137 STAT. 690 PUBLIC LAW 118–31—DEC. 22, 2023

(B) initial spares and necessary ground support equip-

ment for such aircraft.

(2) A

IRCRAFT SPECIFIED

.—The aircraft specified in this

paragraph are the HC–130H Coast Guard aircraft with serial

numbers 1706, 1708, 1709, 1713, 1714, 1719, and 1721.

(3) T

IMING

;

AIRCRAFT MODIFICATIONS

.—Subject to para-

graph (4), the transfers under paragraph (1)—

(A) shall be made as soon as practicable after the

date of the enactment of this Act; and

(B) may be carried out without further modifications

to the aircraft by the United States.

(4) D

EMILITARIZATION

.—The Secretary of Homeland Secu-

rity shall ensure that before an aircraft specified under para-

graph (2) is transferred under paragraph (1), such aircraft

is demilitarized, as determined necessary by the Secretary.

(b) C

ONDITIONS OF

RANSFER

.—Aircraft transferred to the State

of California under this section—

(1) may be used only for wildfire suppression purposes,

including search and rescue or emergency operations pertaining

to wildfires;

(2) may not be flown outside of, or otherwise removed

from, the United States unless dispatched by the National

Interagency Fire Center in support of an international agree-

ment to assist in wildfire suppression efforts or for other dis-

aster-related response purposes approved by the Governor of

California in writing in advance; and

(3) may only be disposed of by the State of California

pursuant to the statutes and regulations governing the disposal

of aircraft provided to the State of California pursuant to the

Department of Defense excess personal property program under

section 2576a of title 10, United States Code.

ALCULATION OF

NITIAL

PARES

.—For purposes of sub-

section (a)(1)(B), initial spares shall be calculated based on shelf

stock support for 7 HC–130H aircraft each flying 400 hours each

year.

(d) T

RANSFER OF

ESIDUAL

ITS AND

ARTS

ELD BY

ORCE

.—The Secretary of the Air Force may transfer to the State

of California, without reimbursement, any residual kits and parts

held by the Secretary of the Air Force that were procured in

anticipation of the transfer of the aircraft specified in subsection

(a)(2).

(e) C

OSTS

FTER

RANSFER

.—Any cost associated with the oper-

ation, maintenance, sustainment, or disposal of any aircraft, initial

spare, or ground support equipment transferred to the State of

California under this section that are incurred after the date on

which such aircraft, initial spare, or ground support equipment

is transferred shall be borne by the State of California.

(f) R

EPEAL OF

RIOR

ROVISIONS OF

ELATING TO

RANSFER

.—The following provisions of law are repealed:

(1) Subsections (a), (c), (d), and (f) of section 1098 of the

National Defense Authorization Act for Fiscal Year 2014 (Public

Law 113–66; 127 Stat. 881), as amended by subsections (a),

(b), (c), and (d) of section 1083 of the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 (Public Law

115–232; 132 Stat. 1989).

Determination.

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137 STAT. 691 PUBLIC LAW 118–31—DEC. 22, 2023

(2) Subsections (e) and (f) of section 1083 of the John

S. McCain National Defense Authorization Act for Fiscal Year

2019 (Public Law 115–232; 132 Stat. 1989).

SEC. 1811. LIMITATION ON FUNDS FOR WUHAN INSTITUTE OF

VIROLOGY AND ECOHEALTH ALLIANCE, INC.

(a) W

UHAN

NSTITUTE OF

IROLOGY

.—None of the funds author-

ized to be appropriated by this Act or otherwise made available

for fiscal year 2024 for the Department of Defense may be made

available for the Wuhan Institute of Virology for any purpose.

(b) E

EALTH

LLIANCE

, I

..—None of the funds authorized

to be appropriated by this Act or otherwise made available for

fiscal year 2024 for the Department of Defense may be used to

fund any work to be performed in China by EcoHealth Alliance,

Inc., including—

(1) work to be performed by any subsidiary of EcoHealth

Alliance Inc, any organization that is directly controlled by

EcoHealth Alliance Inc, or any organization or individual that

is a subgrantee or subcontractor of EcoHealth Alliance Inc.;

(2) any grant for the performance of any such work.

Subtitle B—Drone Security

SEC. 1821. SHORT TITLE.

This subtitle may be cited as the ‘‘American Security Drone

Act of 2023’’.

SEC. 1822. DEFINITIONS.

In this subtitle:

(1) C

OVERED FOREIGN ENTITY

.—The term ‘‘covered foreign

entity’’ means an entity included on a list developed and main-

tained by the Federal Acquisition Security Council and pub-

lished in the System for Award Management (SAM). This list

will include entities in the following categories:

(A) An entity included on the Consolidated Screening

List.

(B) Any entity that is subject to extrajudicial direction

from a foreign government, as determined by the Secretary

of Homeland Security.

in coordination with the Attorney General, Director of

National Intelligence, and the Secretary of Defense, deter-

mines poses a national security risk.

(D) Any entity domiciled in the People’s Republic of

China or subject to influence or control by the Government

of the People’s Republic of China or the Communist Party

of the People’s Republic of China, as determined by the

Secretary of Homeland Security.

(E) Any subsidiary or affiliate of an entity described

in subparagraphs (A) through (D).

(2) C

OVERED UNMANNED AIRCRAFT SYSTEM

.—The term ‘‘cov-

ered unmanned aircraft system’’ has the meaning given the

term ‘‘unmanned aircraft system’’ in section 44801 of title 49,

United States Code.

(3) I

NTELLIGENCE

;

INTELLIGENCE COMMUNITY

.—The terms

‘‘intelligence’’ and ‘‘intelligence community’’ have the meanings

China.

41 USC note

prec. 3901.

American

Security Drone

Act of 2023.

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137 STAT. 692 PUBLIC LAW 118–31—DEC. 22, 2023

given those terms in section 3 of the National Security Act

of 1947 (50 U.S.C. 3003).

SEC. 1823. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED

AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

(a) I

ENERAL

.—Except as provided under subsections (b)

through (f), the head of an executive agency may not procure

any covered unmanned aircraft system that is manufactured or

assembled by a covered foreign entity, which includes associated

elements related to the collection and transmission of sensitive

information (consisting of communication links and the components

that control the unmanned aircraft) that enable the operator to

operate the aircraft in the National Airspace System. The Federal

Acquisition Security Council, in coordination with the Secretary

of Transportation, shall develop and update a list of associated

elements.

(b) E

XEMPTION

.—The Secretary of Homeland Security, the Sec-

retary of Defense, the Secretary of State, and the Attorney General

are exempt from the restriction under subsection (a) if the procure-

ment is required in the national interest of the United States

and—

(1) is for the sole purposes of research, evaluation, training,

testing, or analysis for electronic warfare, information warfare

operations, cybersecurity, or development of unmanned aircraft

system or counter-unmanned aircraft system technology;

(2) is for the sole purposes of conducting counterterrorism

or counterintelligence activities, protective missions, or Federal

criminal or national security investigations, including forensic

examinations, or for electronic warfare, information warfare

operations, cybersecurity, or development of an unmanned air-

craft system or counter-unmanned aircraft system technology;

(3) is an unmanned aircraft system that, as procured or

as modified after procurement but before operational use, can

no longer transfer to, or download data from, a covered foreign

entity and otherwise poses no national security cybersecurity

risks as determined by the exempting official.

EPARTMENT OF

RANSPORTATION AND

EDERAL

VIATION

DMINISTRATION

XEMPTION

.—The Secretary of Transportation is

exempt from the restriction under subsection (a) if the operation

or procurement is deemed to support the safe, secure, or efficient

operation of the National Airspace System or maintenance of public

safety, including activities carried out under the Federal Aviation

Administration’s Alliance for System Safety of UAS through

Research Excellence (ASSURE) Center of Excellence (COE) and

any other activity deemed to support the safe, secure, or efficient

operation of the National Airspace System or maintenance of public

safety, as determined by the Secretary or the Secretary’s designee.

(d) N

ATIONAL

RANSPORTATION

AFETY

OARD

XEMPTION

.—

The National Transportation Safety Board, in consultation with

the Secretary of Homeland Security, is exempt from the restriction

under subsection (a) if the operation or procurement is necessary

for the sole purpose of conducting safety investigations.

(e) N

ATIONAL

CEANIC AND

TMOSPHERIC

DMINISTRATION

XEMPTION

.—The Administrator of the National Oceanic and

Atmospheric Administration (NOAA), in consultation with the Sec-

retary of Homeland Security, is exempt from the restriction under

Determination.

Updates.

List.

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137 STAT. 693 PUBLIC LAW 118–31—DEC. 22, 2023

subsection (a) if the procurement is necessary for the purpose

of meeting NOAA’s science or management objectives or operational

mission.

(f) W

AIVER

.—The head of an executive agency may waive the

prohibition under subsection (a) on a case-by-case basis—

(1) with the approval of the Director of the Office of

Management and Budget, after consultation with the Federal

Acquisition Security Council; and

(2) upon notification to—

(A) the Committee on Homeland Security and Govern-

mental Affairs of the Senate;

(B) the Committee on Oversight and Accountability

in the House of Representatives; and

diction.

SEC. 1824. PROHIBITION ON OPERATION OF COVERED UNMANNED AIR-

CRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

(a) P

ROHIBITION

.—

(1) I

N GENERAL

.—Beginning on the date that is two years

after the date of the enactment of this Act, no Federal depart-

ment or agency may operate a covered unmanned aircraft

system manufactured or assembled by a covered foreign entity.

(2) A

PPLICABILITY TO CONTRACTED SERVICES

.—The prohibi-

tion under paragraph (1) applies to any covered unmanned

aircraft systems that are being used by any executive agency

through the method of contracting for the services of covered

unmanned aircraft systems.

(b) E

XEMPTION

.—The Secretary of Homeland Security, the Sec-

retary of Defense, the Secretary of State, and the Attorney General

are exempt from the restriction under subsection (a) if the operation

is required in the national interest of the United States and—

(1) is for the sole purposes of research, evaluation, training,

testing, or analysis for electronic warfare, information warfare

operations, cybersecurity, or development of unmanned aircraft

system or counter-unmanned aircraft system technology;

(2) is for the sole purposes of conducting counterterrorism

or counterintelligence activities, protective missions, or Federal

criminal or national security investigations, including forensic

examinations, or for electronic warfare, information warfare

operations, cybersecurity, or development of an unmanned air-

craft system or counter-unmanned aircraft system technology;

(3) is an unmanned aircraft system that, as procured or

as modified after procurement but before operational use, can

no longer transfer to, or download data from, a covered foreign

entity and otherwise poses no national security cybersecurity

risks as determined by the exempting official.

EPARTMENT OF

RANSPORTATION AND

EDERAL

VIATION

DMINISTRATION

XEMPTION

.—The Secretary of Transportation is

exempt from the restriction under subsection (a) if the operation

is deemed to support the safe, secure, or efficient operation of

the National Airspace System or maintenance of public safety,

including activities carried out under the Federal Aviation Adminis-

tration’s Alliance for System Safety of UAS through Research Excel-

lence (ASSURE) Center of Excellence (COE) and any other activity

deemed to support the safe, secure, or efficient operation of the

Determination.

Effective date.

Notification.

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137 STAT. 694 PUBLIC LAW 118–31—DEC. 22, 2023

National Airspace System or maintenance of public safety, as deter-

mined by the Secretary or the Secretary’s designee.

(d) N

ATIONAL

RANSPORTATION

AFETY

OARD

XEMPTION

.—

The National Transportation Safety Board, in consultation with

the Secretary of Homeland Security, is exempt from the restriction

under subsection (a) if the operation is necessary for the sole

purpose of conducting safety investigations.

(e) N

ATIONAL

CEANIC AND

TMOSPHERIC

DMINISTRATION

XEMPTION

.—The Administrator of the National Oceanic and

Atmospheric Administration (NOAA), in consultation with the Sec-

retary of Homeland Security, is exempt from the restriction under

subsection (a) if the procurement is necessary for the purpose

of meeting NOAA’s science or management objectives or operational

mission.

(f) W

AIVER

.—The head of an executive agency may waive the

prohibition under subsection (a) on a case-by-case basis—

(1) with the approval of the Director of the Office of

Management and Budget, after consultation with the Federal

Acquisition Security Council; and

(2) upon notification to—

(A) the Committee on Homeland Security and Govern-

mental Affairs of the Senate;

(B) the Committee on Oversight and Accountability

in the House of Representatives; and

diction.

(g) R

EGULATIONS AND

UIDANCE

.—Not later than 180 days

after the date of the enactment of this Act, the Secretary of Home-

land Security, in consultation with the Attorney General and the

Secretary of Transportation, shall prescribe regulations or guidance

to implement this section.

SEC. 1825. PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCURE-

MENT AND OPERATION OF COVERED UNMANNED AIR-

CRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

(a) I

ENERAL

.—Beginning on the date that is two years

after the date of the enactment of this Act, except as provided

in subsection (b), no Federal funds awarded through a contract,

grant, or cooperative agreement, or otherwise made available may

be used—

(1) to procure a covered unmanned aircraft system that

is manufactured or assembled by a covered foreign entity; or

(2) in connection with the operation of such a drone or

unmanned aircraft system.

(b) E

XEMPTION

.—The Secretary of Homeland Security, the Sec-

retary of Defense, the Secretary of State, and the Attorney General

are exempt from the restriction under subsection (a) if the procure-

ment or operation is required in the national interest of the United

States and—

(1) is for the sole purposes of research, evaluation, training,

testing, or analysis for electronic warfare, information warfare

operations, cybersecurity, or development of unmanned aircraft

system or counter-unmanned aircraft system technology;

(2) is for the sole purposes of conducting counterterrorism

or counterintelligence activities, protective missions, or Federal

criminal or national security investigations, including forensic

examinations, or for electronic warfare, information warfare

Effective date.

Deadline.

Notification.

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137 STAT. 695 PUBLIC LAW 118–31—DEC. 22, 2023

operations, cybersecurity, or development of an unmanned air-

craft system or counter-unmanned aircraft system technology;

(3) is an unmanned aircraft system that, as procured or

as modified after procurement but before operational use, can

no longer transfer to, or download data from, a covered foreign

entity and otherwise poses no national security cybersecurity

risks as determined by the exempting official.

EPARTMENT OF

RANSPORTATION AND

EDERAL

VIATION

DMINISTRATION

XEMPTION

.—The Secretary of Transportation is

exempt from the restriction under subsection (a) if the operation

or procurement is deemed to support the safe, secure, or efficient

operation of the National Airspace System or maintenance of public

safety, including activities carried out under the Federal Aviation

Administration’s Alliance for System Safety of UAS through

Research Excellence (ASSURE) Center of Excellence (COE) and

any other activity deemed to support the safe, secure, or efficient

operation of the National Airspace System or maintenance of public

safety, as determined by the Secretary or the Secretary’s designee.

(d) N

ATIONAL

CEANIC AND

TMOSPHERIC

DMINISTRATION

XEMPTION

.—The Administrator of the National Oceanic and

Atmospheric Administration (NOAA), in consultation with the Sec-

retary of Homeland Security, is exempt from the restriction under

subsection (a) if the operation or procurement is necessary for

the purpose of meeting NOAA’s science or management objectives

or operational mission.

(e) W

AIVER

.—The head of an executive agency may waive the

prohibition under subsection (a) on a case-by-case basis—

(1) with the approval of the Director of the Office of

Management and Budget, after consultation with the Federal

Acquisition Security Council; and

(2) upon notification to—

(A) the Committee on Homeland Security and Govern-

mental Affairs of the Senate;

(B) the Committee on Oversight and Accountability

in the House of Representatives; and

diction.

(f) R

EGULATIONS

.—Not later than 180 days after the date of

the enactment of this Act, the Federal Acquisition Regulatory

Council shall prescribe regulations or guidance, as necessary, to

implement the requirements of this section pertaining to Federal

contracts.

SEC. 1826. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE

CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT

SYSTEMS FROM COVERED FOREIGN ENTITIES.

Effective immediately, Government-issued Purchase Cards may

not be used to procure any covered unmanned aircraft system

from a covered foreign entity.

SEC. 1827. MANAGEMENT OF EXISTING INVENTORIES OF COVERED

UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOR-

EIGN ENTITIES.

(a) I

ENERAL

.—All executive agencies must account for

existing inventories of covered unmanned aircraft systems manufac-

tured or assembled by a covered foreign entity in their personal

Deadline.

Guidance.

Notification.

Determination.

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137 STAT. 696 PUBLIC LAW 118–31—DEC. 22, 2023

property accounting systems, within one year of the date of enact-

ment of this Act, regardless of the original procurement cost, or

the purpose of procurement due to the special monitoring and

accounting measures necessary to track the items’ capabilities.

(b) C

LASSIFIED

RACKING

.—Due to the sensitive nature of mis-

sions and operations conducted by the United States Government,

inventory data related to covered unmanned aircraft systems manu-

factured or assembled by a covered foreign entity may be tracked

at a classified level, as determined by the Secretary of Homeland

Security or the Secretary’s designee.

XCEPTIONS

.—The Department of Defense, the Department

of Homeland Security, the Department of Justice, the Department

of Transportation, and the National Oceanic and Atmospheric

Administration may exclude from the full inventory process, covered

unmanned aircraft systems that are deemed expendable due to

mission risk such as recovery issues, or that are one-time-use cov-

ered unmanned aircraft due to requirements and low cost.

(d) I

NTELLIGENCE

OMMUNITY

XCEPTION

.—Nothing in this sec-

tion shall apply to any element of the intelligence community.

SEC. 1828. COMPTROLLER GENERAL REPORT.

Not later than 275 days after the date of the enactment of

this Act, the Comptroller General of the United States shall submit

to Congress a report on the amount of commercial off-the-shelf

drones and covered unmanned aircraft systems procured by Federal

departments and agencies from covered foreign entities, except that

nothing in this section shall apply to any element of the intelligence

community.

SEC. 1829. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF

UNMANNED AIRCRAFT SYSTEMS.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Director of the Office of Management

and Budget, in coordination with the Department of Homeland

Security, Department of Transportation, the Department of Justice,

and other Departments as determined by the Director of the Office

of Management and Budget, and in consultation with the National

Institute of Standards and Technology, shall establish a govern-

ment-wide policy for the procurement of an unmanned aircraft

system—

(1) for non-Department of Defense and non-intelligence

community operations; and

(2) through grants and cooperative agreements entered into

with non-Federal entities.

(b) I

NFORMATION

ECURITY

.—The policy developed under sub-

section (a) shall include the following specifications, which to the

extent practicable, shall be based on industry standards and tech-

nical guidance from the National Institute of Standards and Tech-

nology, to address the risks associated with processing, storing,

and transmitting Federal information in an unmanned aircraft

system:

(1) Protections to ensure controlled access to an unmanned

aircraft system.

(2) Protecting software, firmware, and hardware by

ensuring changes to an unmanned aircraft system are properly

managed, including by ensuring an unmanned aircraft system

can be updated using a secure, controlled, and configurable

mechanism.

Grants.

Deadline.

Inventory data.

Determination.

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137 STAT. 697 PUBLIC LAW 118–31—DEC. 22, 2023

(3) Cryptographically securing sensitive collected, stored,

and transmitted data, including proper handling of privacy

data and other controlled unclassified information.

(4) Appropriate safeguards necessary to protect sensitive

information, including during and after use of an unmanned

aircraft system.

(5) Appropriate data security to ensure that data is not

transmitted to or stored in non-approved locations.

(6) The ability to opt out of the uploading, downloading,

or transmitting of data that is not required by law or regulation

and an ability to choose with whom and where information

is shared when it is required.

EQUIREMENT

.—The policy developed under subsection (a)

shall reflect an appropriate risk-based approach to information

security related to use of an unmanned aircraft system.

(d) R

EVISION OF

CQUISITION

EGULATIONS

.—Not later than

180 days after the date on which the policy required under sub-

section (a) is issued—

(1) the Federal Acquisition Regulatory Council shall revise

the Federal Acquisition Regulation, as necessary, to implement

the policy; and

(2) any Federal department or agency or other Federal

entity not subject to, or not subject solely to, the Federal

Acquisition Regulation shall revise applicable policy, guidance,

or regulations, as necessary, to implement the policy.

(e) E

XEMPTION

.—In developing the policy required under sub-

section (a), the Director of the Office of Management and Budget

shall—

(1) incorporate policies to implement the exemptions con-

tained in this subtitle; and

(2) incorporate an exemption to the policy in the case

of a head of the procuring department or agency determining,

in writing, that no product that complies with the information

security requirements described in subsection (b) is capable

of fulfilling mission critical performance requirements, and such

determination—

(A) may not be delegated below the level of the Deputy

Secretary, or Administrator, of the procuring department

or agency;

(B) shall specify—

(i) the quantity of end items to which the waiver

applies and the procurement value of those items; and

(ii) the time period over which the waiver applies,

which shall not exceed three years;

and Budget following issuance of such a determination;

and

(D) not later than 30 days after the date on which

the determination is made, shall be provided to the Com-

mittee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Oversight and Account-

ability of the House of Representatives.

SEC. 1830. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND

EMERGENCY SERVICE EXEMPTION.

(a) R

ULE OF

ONSTRUCTION

.—Nothing in this subtitle shall

prevent a State, local, or territorial law enforcement or emergency

Deadline.

Reports.

Time period.

Determination.

Deadline.

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137 STAT. 698 PUBLIC LAW 118–31—DEC. 22, 2023

service agency from procuring or operating a covered unmanned

aircraft system purchased with non-Federal dollars.

(b) C

ONTINUITY OF

RRANGEMENTS

.—The Federal Government

may continue entering into contracts, grants, and cooperative agree-

ments or other Federal funding instruments with State, local, or

territorial law enforcement or emergency service agencies under

which a covered unmanned aircraft system will be purchased or

operated if the agency has received approval or waiver to purchase

or operate a covered unmanned aircraft system pursuant to section

1825.

SEC. 1831. STUDY.

(a) S

TUDY ON THE

UPPLY

HAIN FOR

NMANNED

IRCRAFT

YSTEMS AND

OMPONENTS

.—

(1) R

EPORT REQUIRED

.—Not later than one year after the

date of the enactment of this Act, the Under Secretary of

Defense for Acquisition and Sustainment shall provide to the

appropriate congressional committees a report on the supply

chain for covered unmanned aircraft systems, including a

discussion of current and projected future demand for covered

unmanned aircraft systems.

(2) E

LEMENTS

.—The report under paragraph (1) shall

include the following:

(A) A description of the current and future global and

domestic market for covered unmanned aircraft systems

that are not widely commercially available except from

a covered foreign entity.

(B) A description of the sustainability, availability, cost,

and quality of secure sources of covered unmanned aircraft

systems domestically and from sources in allied and partner

countries.

any gaps or deficiencies identified in subparagraph (B),

including through the use of funds available under the

Defense Production Act of 1950 (50 U.S.C. 4501 et seq.)

and partnerships with the National Aeronautics and Space

Administration and other interested persons.

(D) Such other information as the Under Secretary

of Defense for Acquisition and Sustainment determines

to be appropriate.

(3) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this section, the term ‘‘appropriate congressional committees’’

means the following:

(A) The Committees on Armed Services of the Senate

and the House of Representatives.

(B) The Committee on Homeland Security and Govern-

mental Affairs of the Senate and the Committee on Over-

sight and Accountability of the House of Representatives.

Transportation of the Senate and the Committee on

Science, Space, and Technology of the House of Representa-

tives.

(D) The Select Committee on Intelligence of the Senate

and the Permanent Select Committee on Intelligence of

the House of Representatives.

(E) The Committee on Transportation and Infrastruc-

ture of the House of Representatives.

Plan.

Contracts.

Grants.

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137 STAT. 699 PUBLIC LAW 118–31—DEC. 22, 2023

(F) The Committee on Homeland Security of the House

of Representatives.

(G) The Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of

Representatives.

SEC. 1832. EXCEPTIONS.

(a) E

XCEPTION FOR

ILDFIRE

ANAGEMENT

PERATIONS AND

EARCH AND

ESCUE

PERATIONS

.—The appropriate Federal agen-

cies, in consultation with the Secretary of Homeland Security, are

exempt from the procurement and operation restrictions under sec-

tions 1823, 1824, and 1825 to the extent the procurement or oper-

ation is necessary for the purpose of supporting the full range

of wildfire management operations or search and rescue operations.

(b) E

XCEPTION FOR

NTELLIGENCE

CTIVITIES

.—Sections 1823,

1824, and 1825 shall not apply to any activity subject to the

reporting requirements under title V of the National Security Act

of 1947 (50 U.S.C. 3091 et seq.), any authorized intelligence activi-

ties of the United States, or any activity or procurement that

supports an authorized intelligence activity.

XCEPTION FOR

RIBAL

NFORCEMENT OR

MERGENCY

ERVICE

GENCY

.—Tribal law enforcement or Tribal emergency

service agencies, in consultation with the Secretary of Homeland

Security, are exempt from the procurement, operation, and purchase

restrictions under sections 1823, 1824, and 1825 to the extent

the procurement or operation is necessary for the purpose of sup-

porting the full range of law enforcement operations or search

and rescue operations on Indian lands.

SEC. 1833. SUNSET.

Sections 1823, 1824, and 1825 shall cease to have effect on

the date that is five years after the date of the enactment of

this Act.

Subtitle C—Unidentified Anomalous

Phenomena

SEC. 1841. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS

COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION.

(a) R

ECORDS

OLLECTION

.—

(1) E

STABLISHMENT OF COLLECTION

.—

(A) I

N GENERAL

.—Not later than 60 days after the

date of the enactment of this Act, the Archivist shall com-

mence establishment of a collection of unidentified anoma-

lous phenomena, as such term is defined in section

1673(n)(8) of the National Defense Authorization Act for

Fiscal Year 2022 (Public Law 117–81; 50 U.S.C. 3373),

records in the National Archives, to be known as the

‘‘Unidentified Anomalous Phenomena Records Collection’’.

(B) P

HYSICAL INTEGRITY

.—In carrying out subpara-

graph (A), the Archivist shall ensure the physical integrity

and original provenance (or if indeterminate, the earliest

historical owner) of all records in the Collection.

ECORD COPIES

.—The Collection shall consist of

record copies of all Government, Government-provided, or

Deadline.

44 USC 2107

note.

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137 STAT. 700 PUBLIC LAW 118–31—DEC. 22, 2023

Government-funded records relating to unidentified anoma-

lous phenomena, technologies of unknown origin, and non-

human intelligence (or equivalent subjects by any other

name with the specific and sole exclusion of temporarily

non-attributed objects), which shall be transmitted to the

National Archives in accordance with section 2107 of title

44, United States Code.

(D) S

UBJECT GUIDEBOOK

.—The Archivist shall prepare

and publish a subject guidebook and index to the Collection.

(2) C

ONTENTS

.—The Collection shall include the following:

(A) Copies of all unidentified anomalous phenomena

records, regardless of age or date of creation—

(i) that have been transmitted to the National

Archives or disclosed to the public in an unredacted

form prior to the date of the enactment of this Act;

(ii) that are otherwise required to have been trans-

mitted to the National Archives after the date of the

enactment of this Act; or

(iii) the disclosure of which is postponed under

this subtitle.

(B) A central directory comprised of identification aids

created for each record transmitted to the Archivist under

section 1842(e).

(b) D

ISCLOSURE OF

ECORDS

.—Copies of all unidentified anoma-

lous phenomena records transmitted to the National Archives for

disclosure to the public shall—

(1) be included in the Collection; and

(2) be available to the public—

(A) for inspection and copying at the National Archives

within 30 days after their transmission to the National

Archives; and

(B) digitally via the National Archives online database

within a reasonable amount of time not to exceed 180

days thereafter.

EES FOR

OPYING

.—

(1) I

N GENERAL

.—The Archivist shall—

(A) charge fees for copying unidentified anomalous phe-

nomena records; and

(B) grant waivers of such fees pursuant to the stand-

ards established by section 552(a)(4) of title 5, United

States Code.

(2) A

MOUNT OF FEES

.—The amount of a fee charged by

the Archivist pursuant to paragraph (1)(A) for the copying

of an unidentified anomalous phenomena record shall be such

amount as the Archivist determines appropriate to cover the

costs incurred by the National Archives in making and pro-

viding such copy, except that in no case may the amount

of the fee charged exceed the actual expenses incurred by

the National Archives in making and providing such copy.

(d) A

DDITIONAL

EQUIREMENTS

.—

(1) U

SE OF FUNDS

.—The Collection shall be preserved, pro-

tected, archived, digitized, and made available to the public

at the National Archives and via the official National Archives

online database using appropriations authorized, specified, and

restricted for use under the terms of this subtitle.

(2) S

ECURITY OF RECORDS

.—The National Security Program

Office at the National Archives, in consultation with the

Public

information.

Web posting.

Determination.

Waivers.

Public

information.

Deadlines.

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137 STAT. 701 PUBLIC LAW 118–31—DEC. 22, 2023

National Archives Information Security Oversight Office, shall

establish a program to ensure the security of the postponed

unidentified anomalous phenomena records in the protected,

and yet-to-be disclosed or classified portion of the Collection.

(e) O

VERSIGHT

.—

(1) S

ENATE

.—The Committee on Homeland Security and

Governmental Affairs, the Committee on Armed Services, and

the Select Committee on Intelligence of the Senate shall have

continuing legislative oversight jurisdiction in the Senate with

respect to the Collection.

(2) H

OUSE OF REPRESENTATIVES

.—The Committee on Over-

sight and Accountability, the Committee on Armed Services,

and the Permanent Select Committee on Intelligence of the

House of Representatives shall have continuing legislative over-

sight jurisdiction in the House of Representatives with respect

to the Collection.

SEC. 1842. REVIEW, IDENTIFICATION, TRANSMISSION TO THE

NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF

UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY

GOVERNMENT OFFICES.

(a) I

DENTIFICATION

, O

RGANIZATION

AND

REPARATION FOR

RANSMISSION

.—

(1) I

N GENERAL

.—As soon as practicable after the date

of the enactment of this Act, each head of a Government office

shall—

(A) identify and organize records in the possession

of the Government office or under the control of the Govern-

ment office relating to unidentified anomalous phenomena;

and

(B) prepare such records for transmission to the

Archivist for inclusion in the Collection.

(2) P

ROHIBITIONS

.—

(A) D

ESTRUCTION

;

ALTERATION

;

MUTILATION

.—No

unidentified anomalous phenomena record shall be

destroyed, altered, or mutilated in any way.

(B) W

ITHHOLDING

;

REDACTION

;

POSTPONEMENT OF

DISCLOSURE

;

RECLASSIFICATION

.—No unidentified anoma-

lous phenomena record made available or disclosed to the

public prior to the date of the enactment of this Act may

be withheld, redacted, postponed for public disclosure, or

reclassified.

ECORDS CREATED BY NON

FEDERAL PERSONS OR

ENTITIES

.—No unidentified anomalous phenomena record

created by a person or entity outside the Federal Govern-

ment (excluding names or identities consistent with the

requirements of section 1843) shall be withheld, redacted,

postponed for public disclosure, or reclassified.

(b) C

USTODY OF

NIDENTIFIED

NOMALOUS

HENOMENA

ECORDS

ENDING

EVIEW

.—During the review by the heads of

Government offices under subsection (c), each head of a Government

office shall retain custody of the unidentified anomalous phenomena

records of the office for purposes of preservation, security, and

efficiency, unless it is a third agency record described in subsection

(c)(2)(C).

EVIEW BY

EADS OF

OVERNMENT

FFICES

.—

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137 STAT. 702 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N GENERAL

.—Not later than 300 days after the date

of the enactment of this Act, each head of a Government office

shall review, identify, and organize each unidentified anoma-

lous phenomena record in the custody or possession of the

office for—

(A) disclosure to the public; and

(B) transmission to the Archivist.

(2) R

EQUIREMENTS

.—In carrying out paragraph (1), the

head of a Government office shall—

(A) determine which of the records of the office are

unidentified anomalous phenomena records;

(B) determine which of the unidentified anomalous

phenomena records of the office have been officially dis-

closed or made publicly available in a complete and

unredacted form;

(C)(i) determine which of the unidentified anomalous

phenomena records of the office, or particular information

contained in such a record, was created by a third agency

or by another Government office; and

(ii) transmit to a third agency or other Government

office those records, or particular information contained

in those records, or complete and accurate copies thereof;

(D)(i) determine whether the unidentified anomalous

phenomena records of the office or particular information

in unidentified anomalous phenomena records of the office

are covered by the standards for postponement of public

disclosure under this subtitle; and

(ii) specify on the identification aid required by sub-

section (d) the applicable postponement provision contained

in section 1841;

(E) organize and make available, upon request, to

heads of Government offices other than the Government

office with custody, including the All-domain Anomaly

Resolution Office, all relevant unidentified anomalous

records identified under subparagraph (D);

(F) organize and make available to the heads of

Government offices other than the Government office with

custody, including the All-domain Anomalous Resolution

Office, for assistance with any record concerning which

the office has any uncertainty as to whether the record

is an unidentified anomalous phenomena record governed

by this subtitle; and

(G) give precedence of work to—

(i) the identification, review, and transmission of

unidentified anomalous phenomena records not already

publicly available or disclosed as of the date of the

enactment of this Act;

(ii) the identification, review, and transmission of

all records that most unambiguously and definitively

pertain to unidentified anomalous phenomena, tech-

nologies of unknown origin, and non-human intel-

ligence;

(iii) the identification, review, and transmission

of unidentified anomalous phenomena records that on

the date of the enactment of this Act are the subject

of litigation under section 552 of title 5, United States

Code; and

Determinations.

Deadline.

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137 STAT. 703 PUBLIC LAW 118–31—DEC. 22, 2023

(iv) the identification, review, and transmission

of unidentified anomalous phenomena records with ear-

liest provenance when not inconsistent with clauses

(i) through (iii) and otherwise feasible.

(3) P

RIORITY OF EXPEDITED REVIEW FOR DIRECTORS OF CER

TAIN ARCHIVAL DEPOSITORIES

.—The Director of each archival

depository established under section 2112 of title 44, United

States Code, shall have as a priority the expedited review

for public disclosure of unidentified anomalous phenomena

records in the possession and custody of the depository, and

shall make copies of such records available to the All-domain

Anomaly Resolution Office.

(d) I

DENTIFICATION

IDS

.—

(1) I

N GENERAL

.—

(A) P

REPARATION AND AVAILABILITY

.—Not later than

45 days after the date of the enactment of this Act, the

Archivist, in consultation with the heads of such Govern-

ment offices as the Archivist considers appropriate, shall

prepare and make available to all Government offices a

standard form of identification, or finding aid, for use with

each unidentified anomalous phenomena record subject to

review under this subtitle whether in hardcopy (physical),

softcopy (electronic), or digitized data format as may be

appropriate.

(B) U

NIFORM SYSTEM

.—The Archivist shall ensure that

the identification aid program is established in such a

manner as to result in the creation of a uniform system

for cataloging and finding every unidentified anomalous

phenomena record subject to review under this subtitle

where ever and how ever stored in hardcopy (physical),

softcopy (electronic), or digitized data format.

(2) R

EQUIREMENTS FOR GOVERNMENT OFFICES

.—Upon

completion of an identification aid using the standard form

of identification prepared and made available under subpara-

graph (A) of paragraph (1) for the program established pursuant

to subparagraph (B) of such paragraph, the head of a Govern-

ment office shall—

(A) attach a printed copy to each physical unidentified

anomalous phenomena record, and an electronic copy to

each softcopy or digitized data unidentified anomalous phe-

nomena record, the identification aid describes; and

(B) attach a printed copy to each physical unidentified

anomalous phenomena record, and an electronic copy to

each softcopy or digitized data unidentified anomalous phe-

nomena record the identification aid describes, when trans-

mitted to the Archivist.

(3) R

ECORDS OF THE NATIONAL ARCHIVES THAT ARE PUBLICLY

AVAILABLE

.—Unidentified anomalous phenomena records which

are in the possession of the National Archives on the date

of the enactment of this Act, and which have been publicly

available in their entirety without redaction, shall be made

available in the Collection without any additional review by

another authorized office under this subtitle, and shall not

be required to have such an identification aid unless required

by the Archivist.

(e) T

RANSMISSION TO THE

ATIONAL

RCHIVES

.—Each head of

a Government office shall—

Deadline.

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137 STAT. 704 PUBLIC LAW 118–31—DEC. 22, 2023

(1) transmit to the Archivist, and, as soon as possible,

make available to the public, all unidentified anomalous phe-

nomena records of the Government office that can be publicly

disclosed, including those that are publicly available on the

date of the enactment of this Act, without any redaction, adjust-

ment, or withholding under the standards of this subtitle; and

(2) transmit to the Archivist upon approval for postpone-

ment by the original classification authority upon completion

of other action authorized by this subtitle, all unidentified

anomalous phenomena records of the Government office the

public disclosure of which has been postponed, in whole or

in part, under the standards of this subtitle, to become part

of the protected, yet-to-be disclosed, or classified portion of

the Collection.

(f) C

USTODY OF

OSTPONED

NIDENTIFIED

NOMALOUS

NOMENA

ECORDS

.—An unidentified anomalous phenomena record

the public disclosure of which has been postponed shall, pending

transmission to the Archivist, be held for reasons of security and

preservation by the originating body until such time as the informa-

tion security program has been established at the National Archives

as required in section 1841(d)(2).

(g) P

ERIODIC

EVIEW OF

OSTPONED

NIDENTIFIED

NOMALOUS

HENOMENA

ECORDS

.—

(1) I

N GENERAL

.—All postponed or redacted records shall

be reviewed periodically by the originating agency and the

Archivist.

.(2) R

EQUIREMENTS

.—

(A) P

UBLIC DISCLOSURE

.—A periodic review under

paragraph (1) shall address the public disclosure of addi-

tional unidentified anomalous phenomena records in the

Collection under the standards of this subtitle.

(B) U

NCLASSIFIED WRITTEN DESCRIPTION OF REASON

.—

All postponed unidentified anomalous phenomena records

determined to require continued postponement shall

require an unclassified written description of the reason

for such continued postponement relevant to these specific

records. Such description shall be provided to the Archivist

and published in the Federal Register upon determination.

ERIODIC REVIEW

;

DOWNGRADING AND

DESCLASSIFICATION OF INFORMATION

.—The Archivist shall

establish requirements for periodic review of postponed

unidentified anomalous phenomena records that shall serve

to downgrade and declassify information.

(D) D

EADLINE FOR FULL DISCLOSURE

.—Each unidenti-

fied anomalous phenomena record shall be publicly dis-

closed in full, and available in the Collection, not later

than the date that is 25 years after the date of the first

creation of the record by the originating body, unless the

President certifies that—

(i) continued postponement is made necessary by

an identifiable harm to the military defense, intel-

ligence operations, law enforcement, or conduct of for-

eign relations; and

(ii) the identifiable harm is of such gravity that

it outweighs the public interest in disclosure.

(h) R

EQUIREMENTS FOR

XECUTIVE

GENCIES

.—

(1) I

N GENERAL

.—The heads of Executive agencies shall—

President.

Certification.

Federal Register,

publication.

Determination.

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137 STAT. 705 PUBLIC LAW 118–31—DEC. 22, 2023

(A) transmit digital records electronically in accordance

with section 2107 of title 44, United States Code;

(B) charge fees for copying unidentified anomalous phe-

nomena records; and

ards established by section 552(a)(4) of title 5, United

States Code.

(2) A

MOUNT OF FEES

.—The amount of a fee charged by

the head of an Executive agency pursuant to paragraph (1)(B)

for the copying of an unidentified anomalous phenomena record

shall be such amount as the head determines appropriate to

cover the costs incurred by the Executive agency in making

and providing such copy, except that in no case may the amount

of the fee charged exceed the actual expenses incurred by

the Executive agency in making and providing such copy.

SEC. 1843. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE

OF UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.

(a) P

OSTPONEMENT

ETERMINATION

.—In addition to the rel-

evant authorities in Executive Order 13526, disclosure of unidenti-

fied anomalous phenomena records or particular information in

unidentified anomalous phenomena records to the public may be

postponed subject to the limitations of this subtitle if the original

classification authority makes a determination that there is clear

and convincing evidence that—

(1) the threat to the military defense, intelligence oper-

ations, or conduct of foreign relations of the United States

posed by the public disclosure of the unidentified anomalous

phenomena record is of such gravity that it outweighs the

public interest in disclosure, and such public disclosure would

reveal—

(A) an intelligence agent whose identity currently

requires protection;

(B) an intelligence source or method which is currently

utilized, or reasonably expected to be utilized, by the Fed-

eral Government and which has not been officially dis-

closed, the disclosure of which would interfere with the

conduct of intelligence activities; or

defense, intelligence operations, or conduct of foreign rela-

tions of the United States, the disclosure of which would

demonstrably and substantially impair the national secu-

rity of the United States;

(2) the public disclosure of the unidentified anomalous phe-

nomena record would violate section 552a of title 5, United

States Code (referred to as the ‘‘Privacy Act of 1974’’);

(3) the public disclosure of the unidentified anomalous phe-

nomena record could reasonably be expected to constitute an

unwarranted invasion of personal privacy, and that invasion

of privacy is so substantial that it outweighs the public interest;

(4) the public disclosure of the unidentified anomalous phe-

nomena record would compromise the existence of an under-

standing of confidentiality currently requiring protection

between a Federal Government agent and a cooperating indi-

vidual or a foreign government, and public disclosure would

be so harmful that it outweighs the public interest.

Deadlines.

Waivers.

Fees.

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137 STAT. 706 PUBLIC LAW 118–31—DEC. 22, 2023

(b) W

ITHDRAWAL OF

ECORDS

.—Senior Agency Officials des-

ignated in accordance with Executive Order 13526 or any successor

Orders may withdraw records in the Collection that are determined

to be both not related to unidentified anomalous phenomena and

properly classified. The Senior Agency Official must notify the

congressional leadership and the oversight committees of Congress,

as identified in section 1841(e), by not later than 60 days before

each record is withdrawn.

ONGRESSIONAL

OTIFICATION OF

OSTPONEMENT OF

ISCLOSURE

.—In the event that the disclosure of unidentified

anomalous phenomena records or particular information in

unidentified anomalous phenomena records to the public is post-

poned by an Executive agency, the head of the Executive agency

shall notify congressional leadership and the oversight committees

of Congress, as identified in section 1841(e), within 15 days of

such decision with a reason for the postponement of disclosure.

Subtitle D—World Trade Center Health

Program

SEC. 1851. FLEXIBILITY AND FUNDING FOR THE WORLD TRADE

CENTER HEALTH PROGRAM.

(a) D

EPARTMENT OF

EFENSE

, A

RMED

ORCES

THER

ERAL

ORKER

ESPONDERS TO THE

EPTEMBER

11 A

TTACKS AT

THE

ENTAGON AND

HANKSVILLE

, P

ENNSYLVANIA

.—Title XXXIII

of the Public Health Service Act (42 U.S.C. 300mm et seq.) is

amended—

(1) in section 3306 (42 U.S.C. 300mm–5)—

(A) by redesignating paragraphs (5) through (11) and

paragraphs (12) through (17) as paragraphs (6) through

(12) and paragraphs (14) through (19), respectively;

(B) by inserting after paragraph (4) the following:

‘‘(5) The term ‘Federal agency’ means an agency, office,

or other establishment in the executive, legislative, or judicial

branch of the Federal Government.’’; and

nated, the following:

‘‘(13) The term ‘uniformed services’ has the meaning given

the term in section 101(a) of title 10, United States Code.’’;

and

(2) in section 3311(a) (42 U.S.C. 300mm–21(a))—

(A) in paragraph (2)(C)(i)—

(i) in subclause (I), by striking ‘‘; or’’ and inserting

a semicolon;

(ii) in subclause (II), by striking ‘‘; and’’ and

inserting a semicolon; and

(iii) by adding at the end the following:

‘‘(III) was an employee of the Department of

Defense or any other Federal agency, worked during

the period beginning on September 11, 2001, and

ending on September 18, 2001, for a contractor of the

Department of Defense or any other Federal agency,

or was a member of a regular or reserve component

of the uniformed services; and performed rescue,

recovery, demolition, debris cleanup, or other related

services at the Pentagon site of the terrorist-related

Time periods.

Definitions.

Notification.

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137 STAT. 707 PUBLIC LAW 118–31—DEC. 22, 2023

aircraft crash of September 11, 2001, during the period

beginning on September 11, 2001, and ending on the

date on which the cleanup of the site was concluded,

as determined by the WTC Program Administrator;

‘‘(IV) was an employee of the Department of

Defense or any other Federal agency, worked during

the period beginning on September 11, 2001, and

ending on September 18, 2001, for a contractor of the

Department of Defense or any other Federal agency,

or was a member of a regular or reserve component

of the uniformed services; and performed rescue,

recovery, demolition, debris cleanup, or other related

services at the Shanksville, Pennsylvania, site of the

terrorist-related aircraft crash of September 11, 2001,

during the period beginning on September 11, 2001,

and ending on the date on which the cleanup of the

site was concluded, as determined by the WTC Pro-

gram Administrator; and’’; and

(B) in paragraph (4)(A)—

(i) by striking ‘‘(A) I

N GENERAL

.—The’’ and

inserting the following:

‘‘(A) L

IMIT

.—

‘‘(i) I

N GENERAL

.—The’’;

(ii) by inserting ‘‘or subclause (III) or (IV) of para-

graph (2)(C)(i)’’ after ‘‘or (2)(A)(ii)’’; and

(iii) by adding at the end the following:

‘‘(ii) C

ERTAIN RESPONDERS TO THE SEPTEMBER 11

ATTACKS AT THE PENTAGON AND SHANKSVILLE

PENNSYL

VANIA

.—The total number of individuals who may be

enrolled under paragraph (3)(A)(ii) based on eligibility

criteria described in subclause (III) or (IV) of paragraph

(2)(C)(i) shall not exceed 500 at any time.’’.

(b) A

DDITIONAL

UNDING FOR THE

ORLD

RADE

ENTER

EALTH

ROGRAM

.—Title XXXIII of the Public Health Service Act

(42 U.S.C. 300mm et seq.) is amended by adding at the end the

following:

‘‘SEC. 3353. SPECIAL FUND.

‘‘(a) I

ENERAL

.—There is established a fund to be known

as the World Trade Center Health Program Special Fund (referred

to in this section as the ‘Special Fund’), consisting of amounts

deposited into the Special Fund under subsection (b).

‘‘(b) A

MOUNT

.—Out of any money in the Treasury not otherwise

appropriated, there is appropriated for fiscal year 2024 $444,000,000

for deposit into the Special Fund, which amounts shall remain

available in such Fund through fiscal year 2033.

‘‘(c) U

SES OF

UNDS

.—Amounts deposited into the Special Fund

under subsection (b) shall be available, without further appropria-

tion and without regard to any spending limitation under section

3351(c), to the WTC Program Administrator as needed at the discre-

tion of such Administrator, for carrying out any provision in this

title (including sections 3303 and 3341(c)).

‘‘(d) R

EMAINING

MOUNTS

.—Any amounts that remain in the

Special Fund on September 30, 2033, shall be deposited into the

Treasury as miscellaneous receipts.

42 USC

300mm–63.

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137 STAT. 708 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘SEC. 3354. PENTAGON/SHANKSVILLE FUND.

‘‘(a) I

ENERAL

.—There is established a fund to be known

as the World Trade Center Health Program Fund for Certain WTC

Responders at the Pentagon and Shanksville, Pennsylvania

(referred to in this section as the ‘Pentagon/Shanksville Fund’),

consisting of amounts deposited into the Pentagon/Shanksville Fund

under subsection (b).

‘‘(b) A

MOUNT

.—Out of any money in the Treasury not otherwise

appropriated, there is appropriated for fiscal year 2024 $232,000,000

for deposit into the Pentagon/Shanksville Fund, which amounts

shall remain available in such Fund through fiscal year 2033.

‘‘(c) U

SES OF

UNDS

.—

‘‘(1) I

N GENERAL

.—Amounts deposited into the Pentagon/

Shanksville Fund under subsection (b) shall be available, with-

out further appropriation and without regard to any spending

limitation under section 3351(c), to the WTC Program Adminis-

trator for the purpose of carrying out section 3312 with regard

to WTC responders enrolled in the WTC Program based on

eligibility criteria described in subclause (III) or (IV) of section

3311(a)(2)(C)(i).

‘‘(2) L

IMITATION ON OTHER FUNDING

.—Notwithstanding sec-

tions 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other

provision in this title, for the period of fiscal years 2024 through

2033, no amounts made available under this title other than

those amounts appropriated under subsection (b) may be avail-

able for the purpose described in paragraph (1).

‘‘(d) R

EMAINING

MOUNTS

.—Any amounts that remain in the

Pentagon/Shanksville Fund on September 30, 2033, shall be depos-

ited into the Treasury as miscellaneous receipts.’’.

ONFORMING

MENDMENTS

.—Title XXXIII of the Public

Health Service Act (42 U.S.C. 300mm et seq.) is amended—

(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm–

21(a)(4)(B)(i)(II)), by striking ‘‘sections 3351 and 3352’’ and

inserting ‘‘this title’’;

(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm–

31(a)(3)(B)(i)(II)), by striking ‘‘sections 3351 and 3352’’ and

inserting ‘‘this title’’;

(3) in section 3331 (42 U.S.C. 300mm–41)—

(A) in subsection (a), by striking ‘‘the World Trade

Center Health Program Fund and the World Trade Center

Health Program Supplemental Fund’’ and inserting ‘‘(as

applicable) the Funds established under sections 3351,

3352, 3353, and 3354’’; and

(B) in subsection (d)—

(i) in paragraph (1)(A), by inserting ‘‘or the World

Trade Center Health Program Special Fund under sec-

tion 3353’’ after ‘‘section 3351’’;

(ii) in paragraph (1)(B), by inserting ‘‘or the World

Trade Center Health Program Fund for Certain WTC

Responders at the Pentagon and Shanksville, Pennsyl-

vania under section 3354’’ after ‘‘section 3352’’; and

(iii) in paragraph (2), in the flush text following

subparagraph (C), by inserting ‘‘or the World Trade

Center Health Program Fund for Certain WTC

Responders at the Pentagon and Shanksville, Pennsyl-

vania under section 3354’’ after ‘‘section 3352’’; and

(4) in section 3351(b) (42 U.S.C. 300mm–61(b))—

Time period.

Pennsylvania.

42 USC

300mm–64.

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137 STAT. 709 PUBLIC LAW 118–31—DEC. 22, 2023

(A) in paragraph (2), by inserting ‘‘, the World Trade

Center Health Program Special Fund under section 3353,

or the World Trade Center Health Program Fund for Cer-

tain WTC Responders at the Pentagon and Shanksville,

Pennsylvania under section 3354’’ before the period at the

end; and

(B) in paragraph (3), by inserting ‘‘, the World Trade

Center Health Program Special Fund under section 3353,

or the World Trade Center Health Program Fund for Cer-

tain WTC Responders at the Pentagon and Shanksville,

Pennsylvania under section 3354’’ before the period at the

end.

SEC. 1852. EXTENSION OF CERTAIN DIRECT SPENDING REDUCTIONS.

Section 251A(6)(D) of the Balanced Budget and Emergency

Deficit Control Act of 1985 (2 U.S.C. 901a(6)(D)) is amended—

(1) in clause (i), by striking ‘‘6’’ and inserting ‘‘7’’; and

(2) in clause (ii), by striking ‘‘second 6 months’’ and

inserting ‘‘last 5 months’’.

SEC. 1853. MEDICARE IMPROVEMENT FUND.

Section 1898(b)(1) of the Social Security Act (42 U.S.C.

1395iii(b)(1)) is amended by striking ‘‘$466,795,056’’ and inserting

‘‘$2,250,795,056’’.

DIVISION B—MILITARY CONSTRUCTION

AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division and title XLVI of division D may be cited as

the ‘‘Military Construction Authorization Act for Fiscal Year 2024’’.

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS

REQUIRED TO BE SPECIFIED BY LAW.

(a) E

XPIRATION OF

UTHORIZATIONS

FTER

HREE

EARS

.—

Except as provided in subsection (b), all authorizations contained

in titles XXI through XXVII for military construction projects, land

acquisition, family housing projects and facilities, and contributions

to the North Atlantic Treaty Organization Security Investment

Program (and authorizations of appropriations therefor) shall expire

on the later of—

(1) October 1, 2026; or

(2) the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2027.

(b) E

XCEPTION

.—Subsection (a) shall not apply to authorizations

for military construction projects, land acquisition, family housing

projects and facilities, and contributions to the North Atlantic

Treaty Organization Security Investment Program (and authoriza-

tions of appropriations therefor), for which appropriated funds have

been obligated before the later of—

(1) October 1, 2026; or

(2) the date of the enactment of an Act authorizing funds

for fiscal year 2027 for military construction projects, land

acquisition, family housing projects and facilities, or contribu-

tions to the North Atlantic Treaty Organization Security Invest-

ment Program.

Military

Construction

Authorization

Act for Fiscal

Year 2024.

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137 STAT. 710 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2003. EFFECTIVE DATE.

Titles XXI through XXVII shall take effect on the later of—

(1) October 1, 2023; or

(2) the date of the enactment of this Act.

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.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Army may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation Amount

Alabama .................... Redstone Arsenal ..................................... $53,000,000

Georgia ...................... Fort Eisenhower ....................................... $177,000,000

Hawaii ....................... Aliamanu Military Reservation .............. $20,000,000

Fort Shafter .............................................. $80,000,000

Helemano Military Reservation .............. $90,000,000

Schofield Barracks ................................... $70,000,000

Kansas ....................... Fort Riley .................................................. $105,000,000

Kentucky ................... Fort Campbell .......................................... $39,000,000

Louisiana ................... Fort Johnson ............................................ $13,400,000

Massachusetts ........... Soldier Systems Center Natick ............... $18,500,000

Michigan .................... Detroit Arsenal ........................................ $72,000,000

North Carolina .......... Fort Liberty .............................................. $253,000,000

Pennsylvania ............. Letterkenny Army Depot ........................ $89,000,000

Texas ......................... Fort Bliss .................................................. $118,000,000

Red River Army Depot ............................ $113,000,000

Washington ............... Joint Base Lewis-McChord ..................... $100,000,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Army may acquire real property and carry out military

construction projects for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

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137 STAT. 711 PUBLIC LAW 118–31—DEC. 22, 2023

Army: Outside the United States

Country Installation or Location Amount

Germany .................... Grafenwoehr ............................................. $10,400,000

Hohenfels .................................................. $88,000,000

SEC. 2102. FAMILY HOUSING.

(a) C

ONSTRUCTION AND

CQUISITION

.—Using amounts appro-

priated pursuant to the authorization of appropriations in section

2103(a) and available for military family housing functions as speci-

fied in the funding table in section 4601, the Secretary of the

Army may construct or acquire family housing units (including

land acquisition and supporting facilities) at the installations or

locations, in the number of units, and in the amounts set forth

in the following table:

Army: Family Housing

Country

Installation or Lo-

cation

Units Amount

Germany .......... Baumholder .............. Family Housing New

Construction ........... $90,135,000

Kwajalein ........ Kwajalein Atoll ......... Family Housing Re-

placement Con-

struction ................. $98,600,000

(b) I

MPROVEMENTS TO

ILITARY

AMILY

OUSING

NITS

.—Sub-

ject to section 2825 of title 10, United States Code, and using

amounts appropriated pursuant to the authorization of appropria-

tions in section 2103(a) and available for military family housing

functions as specified in the funding table in section 4601, the

Secretary of the Army may improve existing military family housing

units in an amount not to exceed $100,000,000.

LANNING AND

ESIGN

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2103(a)

and available for military family housing functions as specified

in the funding table in section 4601, the Secretary of the Army

may carry out architectural and engineering services and construc-

tion design activities with respect to the construction or improve-

ment of family housing units in an amount not to exceed

$27,549,000.

SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2023, for military construction, land acquisition, and

military family housing functions of the Department of the Army

as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2101 of this Act may not exceed the total amount authorized to

be appropriated under subsection (a), as specified in the funding

table in section 4601.

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137 STAT. 712 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2104. EXTENSION OF AUTHORITY TO USE CASH PAYMENTS IN

SPECIAL ACCOUNT FROM LAND CONVEYANCE, NATICK

SOLDIER SYSTEMS CENTER, MASSACHUSETTS.

Section 2844(c)(2)(C) of the Military Construction Authorization

Act for Fiscal Year 2018 (division B of Public Law 115–91; 131

Stat. 1865) is amended—

(1) in the heading, by striking ‘‘O

CTOBER 1

2025

’’ and

inserting ‘‘O

CTOBER 1

2027

’’; and

(2) by striking ‘‘October 1, 2025’’ and inserting ‘‘October

1, 2027’’.

SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR

2018 PROJECT AT KUNSAN AIR BASE, KOREA.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2018 (division B

of Public Law 115–91; 131 Stat. 1817), the authorization set forth

in the table in subsection (b), as provided in section 2101(b) of

such Act (131 Stat. 1819) and extended by section 2106(a) of the

Military Construction Act for Fiscal Year 2023 (division B of Public

Law 117–263; 136 Stat. 2973), shall remain in effect until October

1, 2024, or the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2025, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Army: Extension of 2018 Project Authorization

Country

Installation or

Location

Project

Original

Authorized

Amount

Korea .......... Kunsan Air

Base.

Unmanned Aerial Ve-

hicle Hangar ........... $53,000,000

SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2019 ARMY MILITARY CONSTRUCTION PROJECTS.

(a) A

RMY

ILITARY

ONSTRUCTION

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2019 (divi-

sion B of Public Law 115–232; 132 Stat. 2240), the authoriza-

tions set forth in the table in paragraph (2), as provided in

section 2101 of that Act (132 Stat. 2241), shall remain in

effect until October 1, 2024, or the date of the enactment

of an Act authorizing funds for military construction for fiscal

year 2025, whichever is later.

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137 STAT. 713 PUBLIC LAW 118–31—DEC. 22, 2023

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Army: Extension of 2019 Project Authorizations

State/Country

Installation or

Location

Project

Original

Authorized

Amount

Korea ................. Camp Tango ..... Command and

Control Facil-

ity.

$17,500,000

Maryland ........... Fort Meade ....... Cantonment

Area Roads.

$16,500,000

(b) A

RMY

VERSEAS

ONTINGENCY

PERATIONS

ILITARY

ONSTRUCTION

.—

(1) E

XTENSION

.—Notwithstanding such section, the

authorizations set forth in the table in paragraph (2), as pro-

vided in section 2901 of such Act, shall remain in effect until

October 1, 2024, or the date of the enactment of an Act author-

izing funds for military construction for fiscal year 2025, which-

ever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Army: Extension of 2019 Project Authorizations

Country

Installation or

Location

Project

Original

Authorized

Amount

Bulgaria ..... Nevo Selo FOS ..... EDI: Ammuni-

tion Holding

Area ............... $5,200,000

Romania ..... Mihail

Kogalniceanu

FOS ................... EDI: Explosives

and Ammo

Load/Unload

Apron. ............ $21,651,000

SEC. 2107. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2021 ARMY MILITARY CONSTRUCTION PROJECTS.

(a) A

RMY

ONSTRUCTION AND

AND

CQUISITION

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2021 (divi-

sion B of Public Law 116–283; 134 Stat. 4294), the authoriza-

tions set forth in the table in paragraph (2), as provided in

section 2101(a) of that Act (134 Stat. 4295), shall remain in

effect until October 1, 2024, or the date of the enactment

of an Act authorizing funds for military construction for fiscal

year 2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

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137 STAT. 714 PUBLIC LAW 118–31—DEC. 22, 2023

Army: Extension of 2021 Project Authorizations

State

Installation or

Location

Project

Original

Authorized

Amount

Arizona ...... Yuma Proving

Ground .............. Ready Building $14,000,000

Georgia ...... Fort Gillem ........... Forensic Lab ..... $71,000,000

Louisiana ... Fort Johnson ........ Information

Systems Facil-

ity .................. $25,000,000

(b) C

HILD

EVELOPMENT

ENTER

, F

ORT

ISENHOWER

EORGIA

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2021 (divi-

sion B of Public Law 116–283; 134 Stat. 4294), the authorization

under section 2865 of that Act (10 U.S.C. 2802 note) for the

project described in paragraph (2) in Fort Eisenhower, Georgia,

shall remain in effect until October 1, 2024, or the date of

the enactment of an Act authorizing funds for military construc-

tion for fiscal year 2025, whichever is later.

(2) P

ROJECT DESCRIBED

.—The project described in this

paragraph is the following:

Army: Extension of 2021 Project Authorization

State

Installation or

Location

Project

Original

Authorized

Amount

Georgia ...... Fort Eisenhower .. Child Develop-

ment Center .. $21,000,000

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.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2203(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Navy may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

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137 STAT. 715 PUBLIC LAW 118–31—DEC. 22, 2023

Navy: Inside the United States

State Installation Amount

California ....................... Marine Corps Air Ground Combat Center

Twentynine Palms ............................................... $55,341,000

Port Hueneme ......................................................... $120,800,000

Connecticut .................... Naval Submarine Base New London ..................... $333,344,000

District Of Columbia ..... Marine Barracks Washington (8th Street and I) $131,800,000

Florida ............................ Naval Air Station Whiting Field ........................... $148,505,000

Georgia ........................... Marine Corps Logistics Base Albany .................... $64,000,000

Guam .............................. Andersen Air Force Base ........................................ $497,620,000

Joint Region Marianas ........................................... $174,540,000

Naval Base Guam ................................................... $950,656,000

Hawaii ............................ Marine Corps Base Kaneohe Bay .......................... $318,845,000

Maryland ........................ Fort Meade .............................................................. $186,480,000

Naval Air Station Patuxent River ......................... $141,700,000

North Carolina ............... Marine Corps Air Station Cherry Point ................ $269,790,000

Marine Corps Base Camp Lejeune ........................ $286,780,000

Pennsylvania .................. Naval Surface Warfare Center Philadelphia ........ $100,000,000

Virginia .......................... Dam Neck Annex .................................................... $109,680,000

Joint Expeditionary Base Little Creek - Fort

Story ..................................................................... $57,000,000

Marine Corps Base Quantico ................................. $127,120,000

Naval Station Norfolk ............................................. $175,878,000

Naval Weapons Station Yorktown ......................... $283,500,000

Washington .................... Naval Base Kitsap .................................................. $245,000,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2203(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Navy may acquire real property and carry out military

construction projects for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation Amount

Djibouti ........................... Camp Lemonnier ..................................................... $126,839,000

Italy ................................ Naval Air Station Sigonella ................................... $90,348,000

SEC. 2202. FAMILY HOUSING.

(a) C

ONSTRUCTION AND

CQUISITION

.—Using amounts appro-

priated pursuant to the authorization of appropriations in section

2203(a) and available for military family housing functions as speci-

fied in the funding table in section 4601, the Secretary of the

Navy may construct or acquire family housing units (including

land acquisition and supporting facilities) at the installations or

locations, in the number of units, and in the amounts set forth

in the following table:

Navy: Family Housing

Location Installation Amount

Guam ...................... Joint Region Marianas ............................... $290,365,000

(b) I

MPROVEMENTS TO

ILITARY

AMILY

OUSING

NITS

.—Sub-

ject to section 2825 of title 10, United States Code, and using

amounts appropriated pursuant to the authorization of appropria-

tions in section 2203(a) and available for military family housing

functions as specified in the funding table in section 4601, the

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137 STAT. 716 PUBLIC LAW 118–31—DEC. 22, 2023

Secretary of the Navy may improve existing military family housing

units in an amount not to exceed $57,740,000.

LANNING AND

ESIGN

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2203(a)

and available for military family housing functions as specified

in the funding table in section 4601, the Secretary of the Navy

may carry out architectural and engineering services and construc-

tion design activities with respect to the construction or improve-

ment of family housing units in an amount not to exceed

$14,370,000.

SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2023, for military construction, land acquisition, and

military family housing functions of the Department of the Navy,

as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2201 may not exceed the total amount authorized to be appropriated

under subsection (a), as specified in the funding table in section

4601.

SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2019 NAVY MILITARY CONSTRUCTION PROJECTS.

(a) N

AVY

ILITARY

ONSTRUCTION

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2019 (divi-

sion B of Public Law 115–232; 132 Stat. 2240), the authoriza-

tions set forth in the table in paragraph (2), as provided in

section 2201 of that Act (132 Stat. 2244), shall remain in

effect until October 1, 2024, or the date of the enactment

of an Act authorizing funds for military construction for fiscal

year 2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Navy: Extension of 2019 Project Authorizations

State/

Country

Installation or

Location

Project

Original

Authorized

Amount

Bahrain ...... SW Asia ................ Fleet Mainte-

nance Facility

and TOC ........ $26,340,000

North Caro-

lina ......... Marine Corps

Base Camp

Lejeune .............. 2nd Radio BN

Complex,

Phase 2 .......... $51,300,000

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137 STAT. 717 PUBLIC LAW 118–31—DEC. 22, 2023

Navy: Extension of 2019 Project Authorizations—Continued

State/

Country

Installation or

Location

Project

Original

Authorized

Amount

South Caro-

lina ......... Marine Corps Air

Station Beaufort Recycling/Haz-

ardous Waste

Facility .......... $9,517,000

Washington Bangor .................. Pier and Main-

tenance Facil-

ity .................. $88,960,000

(b) E

NHANCING

ORCE

ROTECTION AND

AFETY ON

ILITARY

NSTALLATIONS

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2019 (divi-

sion B of Public Law 115–232; 132 Stat. 2240), the authorization

set forth in the table in paragraph (2), as provided in section

2810 of that Act (132 Stat. 2266), shall remain in effect until

October 1, 2024, or the date of the enactment of an Act author-

izing funds for military construction for fiscal year 2025, which-

ever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Navy: Extension of 2019 Project Authorization

State

Installation or

Location

Project

Original

Authorized

Amount

South Caro-

lina .............. Marine Corps Air Sta-

tion Beaufort ........... Laurel Bay Fire

Station ................ $10,750,000

AVY

ONSTRUCTION AND

AND

CQUISITION

ROJECT

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2019 (divi-

sion B of Public Law 115–232; 132 Stat. 2240), the authorization

set forth in the table in paragraph (2), as provided in section

2902 of that Act (132 Stat. 2286), shall remain in effect until

October 1, 2024, or the date of the enactment of an Act author-

izing funds for military construction for fiscal year 2025, which-

ever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

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137 STAT. 718 PUBLIC LAW 118–31—DEC. 22, 2023

Navy: Extension of 2019 Project Authorization

Country

Installation or

Location

Project

Original

Authorized

Amount

Greece ............ Naval Support Activ-

ity Souda Bay ......... EDI: Joint Mobility

Processing Cen-

ter ....................... $41,650,000

SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2021 NAVY MILITARY CONSTRUCTION PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2021 (division B

of Public Law 116–283; 134 Stat. 4294), the authorizations set

forth in the table in subsection (b), as provided in section 2201

of that Act (134 Stat. 4297), shall remain in effect until October

1, 2024, or the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2025, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Navy: Extension of 2021 Project Authorizations

State/

Country

Installation or

Location

Project

Original

Authorized

Amount

California ... Twentynine Palms Wastewater

Treatment

Plant .............. $76,500,000

Guam ......... Joint Region Mari-

anas ................... Joint Commu-

nication Up-

grade ............. $166,000,000

Maine ......... NCTAMS LANT

Detachment

Cutler ................ Perimeter Secu-

rity ................. $26,100,000

Nevada ....... Fallon .................... Range Training

Complex,

Phase 1 .......... $29,040,000

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.

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137 STAT. 719 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2303(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Air Force may acquire real property and carry out

military construction projects for the installations or locations inside

the United States, and in the amounts, set forth in the following

table:

Air Force: Inside the United States

State Installation Amount

Florida ............................ Eglin Air Force Base ............................................... $15,500,000

......................................... MacDill Air Force Base .......................................... $148,000,000

......................................... Patrick Space Force Base ....................................... $27,000,000

......................................... Tyndall Air Force Base ........................................... $252,000,000

Georgia ........................... Robins Air Force Base ............................................ $115,000,000

Guam .............................. Joint Region Marianas ........................................... $411,000,000

Massachusetts ................ Hanscom Air Force Base ........................................ $37,000,000

Mississippi ..................... Columbus Air Force Base ....................................... $39,500,000

Montana ......................... Malmstrom Air Force Base .................................... $10,300,000

South Dakota ................. Ellsworth Air Force Base ....................................... $235,000,000

Texas .............................. Joint Base San Antonio-Lackland ......................... $158,000,000

Utah ................................ Hill Air Force Base ................................................. $107,000,000

Wyoming ........................ F.E. Warren Air Force Base ................................... $85,000,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2303(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of the Air Force may acquire real property and carry out

military construction projects for the installations or locations out-

side the United States, and in the amounts, set forth in the following

table:

Air Force: Outside the United States

Country Installation Amount

Australia ........................ Royal Australian Air Force Base Darwin ............. $26,000,000

Royal Australian Air Force Base Tindal ............... $130,500,000

Norway ........................... Rygge Air Station .................................................... $136,000,000

Philippines ..................... Cesar Basa Air Base ............................................... $35,000,000

Spain ............................... Moro

n Air Base ....................................................... $34,000,000

United Kingdom ............ Royal Air Force Fairford ........................................ $67,000,000

Royal Air Force Lakenheath .................................. $101,000,000

SEC. 2302. FAMILY HOUSING.

(a) C

ONSTRUCTION AND

CQUISITION

.—Using amounts appro-

priated pursuant to the authorization of appropriations in section

2303(a) and available for military family housing functions as speci-

fied in the funding table in section 4601, the Secretary of the

Air Force may construct or acquire family housing units (including

land acquisition and supporting facilities) at the installations or

locations, in the number of units, and in the amounts set forth

in the following table:

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137 STAT. 720 PUBLIC LAW 118–31—DEC. 22, 2023

Navy: Family Housing

Country Installation Amount

Japan ................... Yokota Air Base ............................... $27,000,000

(b) I

MPROVEMENTS TO

ILITARY

AMILY

OUSING

NITS

.—Sub-

ject to section 2825 of title 10, United States Code, and using

amounts appropriated pursuant to the authorization of appropria-

tions in section 2303(a) and available for military family housing

functions as specified in the funding table in section 4601, the

Secretary of the Air Force may improve existing military family

housing units in an amount not to exceed $229,282,000.

LANNING AND

ESIGN

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2303(a)

and available for military family housing functions as specified

in the funding table in section 4601, the Secretary of the Air

Force may carry out architectural and engineering services and

construction design activities with respect to the construction or

improvement of family housing units in an amount not to exceed

$7,815,000.

SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2023, for military construction, land acquisition, and

military family housing functions of the Department of the Air

Force, as specified in the funding table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2301 of this division may not exceed the total amount authorized

to be appropriated under subsection (a), as specified in the funding

table in section 4601

SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2017 AIR FORCE MILITARY CONSTRUCTION

PROJECTS.

(a) A

ORCE

ILITARY

ONSTRUCTION

ROJECTS

UTSIDE THE

NITED

TATES

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2017 (divi-

sion B of Public Law 114–328; 130 Stat. 2688), the authoriza-

tions set forth in the table in paragraph (2), as provided in

section 2301(b) of that Act (130 Stat. 2696) and extended by

section 2304 of the Military Construction Act for Fiscal Year

2022 (division B of Public Law 117–81; 135 Stat. 2169), shall

remain in effect until October 1, 2024, or the date of the

enactment of an Act authorizing funds for military construction

for fiscal year 2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

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137 STAT. 721 PUBLIC LAW 118–31—DEC. 22, 2023

Air Force: Extension of 2017 Project Authorizations

Country

Installation or

Location

Project

Original

Authorized

Amount

Germany .... Ramstein Air Base 37 AS Squadron

Operations/

Aircraft Main-

tenance Unit $13,437,000

Germany .... Spangdahlem Air

Base ................... Upgrade Hard-

ened Aircraft

Shelters for F/

A–22 .............. $2,700,000

Japan ......... Yokota Air Base ... C–130J Corro-

sion Control

Hangar .......... $23,777,000

(b) A

ORCE

VERSEAS

ONTINGENCY

PERATIONS

ROJECTS

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2017 (divi-

sion B of Public Law 114–328; 130 Stat. 2688), the authorization

set forth in the table in paragraph (2), as provided in section

2902 of that Act (130 Stat. 2743) and extended by section

2304 of the Military Construction Act for Fiscal Year 2022

(division B of Public Law 117–81; 135 Stat. 2169), shall remain

in effect until October 1, 2024, or the date of the enactment

of an Act authorizing funds for military construction for fiscal

year 2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Air Force: Extension of 2017 Project Authorization

Country

Installation or

Location

Project

Original

Authorized

Amount

Germany .... Spangdahlem Air

Base ................... F/A–22 Low Ob-

servable/Com-

posite Repair

Facility .......... $12,000,000

SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2018 AIR FORCE MILITARY CONSTRUCTION

PROJECTS.

(a) T

YNDALL

ORCE

ASE

, F

LORIDA

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2018 (divi-

sion B of Public Law 115–91; 131 Stat. 1817), the authorization

set forth in the table in paragraph (2), as provided in section

2301(a) of that Act (131 Stat. 1825) and extended by section

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137 STAT. 722 PUBLIC LAW 118–31—DEC. 22, 2023

2304(a) of the Military Construction Act for Fiscal Year 2023

(division B of Public Law 117–263), shall remain in effect

until October 1, 2024, or the date of the enactment of an

Act authorizing funds for military construction for fiscal year

2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Air Force: Extension of 2018 Project Authorization

State

Installation or

Location

Project

Original

Authorized

Amount

Florida ....... Tyndall Air Force

Base ................... Fire Station ...... $17,000,000

(b) A

ORCE

VERSEAS

ONTINGENCY

PERATIONS

ROJECTS

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2018 (divi-

sion B of Public Law 115–91; 131 Stat. 1817), the authorizations

set forth in the table in paragraph (2), as provided in section

2903 of that Act (131 Stat. 1876) and extended by section

2304(b) of the Military Construction Act for Fiscal Year 2023

(division B of Public Law 117–263), shall remain in effect

until October 1, 2024, or the date of the enactment of an

Act authorizing funds for military construction for fiscal year

2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Air Force: Extension of 2018 Project Authorizations

Country

Installation or

Location

Project

Original

Authorized

Amount

Hungary ..... Kecskemet Air

Base ................... ERI: Airfield

Upgrades ....... $12,900,000

Kecskemet Air

Base ................... ERI: Construct

Parallel Taxi-

way ................ $30,000,000

Kecskemet Air

Base ................... ERI: Increase

POL Storage

Capacity ........ $12,500,000

Luxembourg Sanem ................... ERI: ECAOS

Deployable

Airbase Sys-

tem Storage .. $67,400,000

Slovakia ..... Malacky ................ ERI: Airfield

Upgrades ....... $4,000,000

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137 STAT. 723 PUBLIC LAW 118–31—DEC. 22, 2023

Air Force: Extension of 2018 Project Authorizations—

Continued

Country

Installation or

Location

Project

Original

Authorized

Amount

Malacky ................ ERI: Increase

POL Storage

Capacity ........ $20,000,000

SEC. 2306. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2019 AIR FORCE MILITARY CONSTRUCTION

PROJECTS.

(a) A

ORCE

ILITARY

ONSTRUCTION

ROJECTS

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2019 (divi-

sion B of Public Law 115–232; 132 Stat. 2240), the authoriza-

tions set forth in the table in paragraph (2), as provided in

section 2301 of that Act (132 Stat. 2246), shall remain in

effect until October 1, 2024, or the date of the enactment

of an Act authorizing funds for military construction for fiscal

year 2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Air Force: Extension of 2019 Project Authorizations

State/

Country

Installation or

Location

Project

Original

Authorized

Amount

Mariana Is-

lands ....... Tinian ................... APR-Cargo Pad

with Taxiway

Extension. ..... $46,000,000

Tinian ................... APR-Mainte-

nance Support

Facility .......... $4,700,000

Maryland ... Joint Base An-

drews ................. Child Develop-

ment Center .. $13,000,000

Joint Base An-

drews ................. PAR Relocate

Haz Cargo

Pad and EOD

Range. ........... $37,000,000

New Mexico Holloman Air

Force Base ........ MQ–9 FTU Ops

Facility .......... $85,000,000

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137 STAT. 724 PUBLIC LAW 118–31—DEC. 22, 2023

Air Force: Extension of 2019 Project Authorizations—

Continued

State/

Country

Installation or

Location

Project

Original

Authorized

Amount

Kirtland Air Force

Base ................... Wyoming Gate

Upgrade for

Anti-Ter-

rorism Com-

pliance ........... $7,000,000

United

Kingdom Royal Air Force

Lakenheath ....... F–35A ADAL

Conventional

Munitions

MX. ................ $9,204,000

Utah ........... Hill Air Force

Base ................... Composite Air-

craft Antenna

Calibration

Fac. ................ $26,000,000

(b) A

ORCE

VERSEAS

ONTINGENCY

PERATIONS

ROJECTS

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2019 (divi-

sion B of Public Law 115–232; 132 Stat. 2240), the authoriza-

tions set forth in the table in paragraph (2), as provided in

section 2903 of that Act (132 Stat. 2287), shall remain in

effect until October 1, 2024, or the date of the enactment

of an Act authorizing funds for military construction for fiscal

year 2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Air Force: Extension of 2019 Project Authorizations

Country

Installation or

Location

Project

Original

Authorized

Amount

Slovakia .... Malacky ................ EDI: Regional

Munitions

Storage Area $59,000,000

United

Kingdom RAF Fairford ........ EDI: Construct

DABS-FEV

Storage .......... $87,000,000

RAF Fairford ........ EDI: Munitions

Holding Area $19,000,000

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137 STAT. 725 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR

2021 AIR FORCE MILITARY CONSTRUCTION PROJECTS.

(a) J

OINT

ASE

ANGLEY

–E

USTIS

, V

IRGINIA

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2021 (divi-

sion B of Public Law 116–283; 134 Stat. 4294), the authorization

set forth in the table in paragraph (2), as provided in section

2301 of that Act (134 Stat. 4299), shall remain in effect until

October 1, 2024, or the date of the enactment of an Act author-

izing funds for military construction for fiscal year 2025, which-

ever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Air Force: Extension of 2021 Project Authorization

State

Installation or

Location

Project

Original

Authorized

Amount

Virginia ...... Joint Base Lang-

ley-Eustis .......... Access Control

Point Main

Gate With

Land Acq. ...... $19,500,000

(b) A

ORCE

VERSEAS

ONTINGENCY

PERATIONS

.—

(1) E

XTENSION

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2021 (divi-

sion B of Public Law 116–283; 134 Stat. 4294), the authoriza-

tions set forth in the table in paragraph (2), as provided in

section 2902 of that Act (134 Stat. 4373), shall remain in

effect until October 1, 2024, or the date of the enactment

of an Act authorizing funds for military construction for fiscal

year 2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Air Force: Extension of 2021 Project Authorizations

Country

Installation or

Location

Project

Original

Authorized

Amount

Germany .... Ramstein Air Base EDI: Rapid Air-

field Damage

Repair Stor-

age ................. $36,345,000

Spangdahlem ........ EDI: Rapid Air-

field Damage

Repair Stor-

age ................. $25,824,000

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137 STAT. 726 PUBLIC LAW 118–31—DEC. 22, 2023

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.

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.

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for military construction projects inside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may acquire real property and carry out military

construction projects for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

State Installation Amount

Alabama ...................... Redstone Arsenal .................................................. $147,975,000

California .................... Marine Corps Air Station Miramar .................... $103,000,000

Naval Base Coronado ........................................... $51,000,000

Naval Base San Diego .......................................... $101,644,000

Delaware ..................... Dover Air Force Base ........................................... $30,500,000

Maryland .................... Fort Meade ............................................................ $885,000,000

Joint Base Andrews ............................................. $38,300,000

Montana ...................... Great Falls International Airport ....................... $30,000,000

North Carolina ........... Marine Corps Base Camp Lejeune ..................... $70,000,000

Utah ............................ Hill Air Force Base ............................................... $14,200,000

Virginia ....................... Fort Belvoir ........................................................... $185,000,000

Joint Expeditionary Base Little Creek - Fort

Story.

$61,000,000

Pentagon ............................................................... $30,600,000

Washington ................. Joint Base Lewis-McChord .................................. $62,000,000

Manchester ........................................................... $71,000,000

Naval Undersea Warfare Center Keyport .......... $37,000,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for military construction projects outside the United

States as specified in the funding table in section 4601, the Sec-

retary of Defense may acquire real property and carry out military

construction projects for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States

Country Installation Amount

Cuba ................... Naval Station Guantanamo Bay ................ $257,000,000

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137 STAT. 727 PUBLIC LAW 118–31—DEC. 22, 2023

Defense Agencies: Outside the United States—Continued

Country Installation Amount

Germany ............ Baumholder ................................................. $57,700,000

Ramstein Air Base ...................................... $181,764,000

Honduras ........... Soto Cano Air Base ..................................... $41,300,000

Japan ................. Kadena Air Base ......................................... $100,300,000

Spain .................. Naval Station Rota ...................................... $80,000,000

SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION

INVESTMENT PROGRAM PROJECTS.

(a) I

NSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for energy conservation projects as specified in the

funding table in section 4601, the Secretary of Defense may carry

out energy conservation projects under chapter 173 of title 10,

United States Code, for the installations or locations inside the

United States, and in the amounts, set forth in the following table:

ERCIP Projects: Inside the United States

State Installation or Location Amount

California ................. Marine Corps Air Station Miramar ....................... $30,550,000

Naval Base San Diego ............................................ $6,300,000

Vandenberg Space Force Base ............................... $57,000,000

Colorado ................... Buckley Space Force Base ...................................... $14,700,000

Georgia ..................... Naval Submarine Base Kings Bay ........................ $74,500,000

Kansas ...................... Forbes Field ............................................................. $5,850,000

Missouri .................... Lake City Army Ammunition Plant ...................... $80,100,000

Nebraska .................. Offutt Air Force Base ............................................. $41,000,000

North Carolina ......... Fort Liberty (Camp Mackall) ................................. $10,500,000

Oklahoma ................. Fort Sill .................................................................... $76,650,000

Puerto Rico ............... Fort Buchanan ........................................................ $56,000,000

Texas ........................ Fort Cavazos ............................................................ $18,250,000

Virginia .................... Pentagon .................................................................. $2,250,000

Washington .............. Joint Base Lewis-McChord ..................................... $49,850,000

Wyoming .................. F.E. Warren Air Force Base ................................... $25,000,000

(b) O

UTSIDE THE

NITED

TATES

.—Using amounts appropriated

pursuant to the authorization of appropriations in section 2403(a)

and available for energy conservation projects as specified in the

funding table in section 4601, the Secretary of Defense may carry

out energy conservation projects under chapter 173 of title 10,

United States Code, for the installations or locations outside the

United States, and in the amounts, set forth in the following table:

ERCIP Projects: Outside the United States

Country Installation or Location Amount

Korea ............. K–16 Air Base .................................. $5,650,000

Kuwait ........... Camp Buehring ................................ $18,850,000

MPROVEMENTS TO

ONVEYED

TILITY

YSTEMS

.—In the case

of a utility system that is conveyed under section 2688 of title

10, United States Code, and that only provides utility services

to a military installation, notwithstanding subchapters I and III

of chapter 169 and chapters 221 and 223 of title 10, United States

Contracts.

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137 STAT. 728 PUBLIC LAW 118–31—DEC. 22, 2023

Code, the Secretary of Defense or the Secretary of a military depart-

ment may authorize a contract with the conveyee of the utility

system to carry out the military construction projects set forth

in the following table:

Improvements to Conveyed Utility Systems

State Installation or Location Project

Nebraska ................... Offutt Air Force Base ............................................... Microgrid and

Backup Power

North Carolina ......... Fort Liberty (Camp Mackall) .................................. Microgrid and

Backup Power

Texas ......................... Fort Cavazos ............................................................. Microgrid and

Backup Power

Washington ............... Joint Base Lewis-McChord ...................................... Power

Generation and

Microgrid

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal years beginning after Sep-

tember 30, 2023, for military construction, land acquisition, and

military family housing functions of the Department of Defense

(other than the military departments), as specified in the funding

table in section 4601.

(b) L

IMITATION ON

OTAL

OST OF

ONSTRUCTION

ROJECTS

.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation author-

ized by law, the total cost of all projects carried out under section

2401 of this Act may not exceed the total amount authorized to

be appropriated under subsection (a), as specified in the funding

table in section 4601.

SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2018 DEFENSE AGENCIES MILITARY CONSTRUCTION

PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2018 (division B

of Public Law 115–91; 131 Stat. 1817), the authorizations set forth

in the table in subsection (b), as provided in section 2401(b) of

that Act (131 Stat. 1829) and extended by section 2404 of the

Military Construction Authorization Act for Fiscal Year 2023 (divi-

sion B of Public Law 117–263), shall remain in effect until October

1, 2024, or the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2025, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Defense Agencies: Extension of 2018 Project Authorizations

Country

Installation or

Location

Project

Original

Authorized

Amount

Japan ......... Iwakuni ................. PDI: Construct

Bulk Storage

Tanks PH 1 ... $30,800,000

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137 STAT. 729 PUBLIC LAW 118–31—DEC. 22, 2023

Defense Agencies: Extension of 2018 Project

Authorizations—Continued

Country

Installation or

Location

Project

Original

Authorized

Amount

Puerto Rico Punta Borinquen .. Ramey Unit

School Re-

placement ...... $61,071,000

SEC. 2405. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY

OUT CERTAIN FISCAL YEAR 2019 DEFENSE AGENCIES

MILITARY CONSTRUCTION PROJECTS.

(a) E

XTENSION

.—

(1) I

N GENERAL

.—Notwithstanding section 2002 of the Mili-

tary Construction Authorization Act for Fiscal Year 2019 (divi-

sion B of Public Law 115–232; 132 Stat. 2240), the authoriza-

tions set forth in the table in paragraph (2), as provided in

section 2401(b) of that Act (132 Stat. 2249), shall remain in

effect until October 1, 2024, or the date of the enactment

of an Act authorizing funds for military construction for fiscal

year 2025, whichever is later.

(2) T

ABLE

.—The table referred to in paragraph (1) is as

follows:

Defense Agencies: Extension of 2019 Project Authorizations

Country

Installation or

Location

Project

Original

Authorized

Amount

Germany .... Baumholder ... SOF Joint Parachute

Rigging Facility ...... $11,504,000

Japan .......... Camp

McTureous .. Betchel Elementary

School ...................... $94,851,000

Iwakuni .......... Fuel Pier ..................... $33,200,000

(b) M

ODIFICATION OF

UTHORITY TO

ARRY

ISCAL

EAR

2019 P

ROJECT IN

AUMHOLDER

, G

ERMANY

.—

(1) M

ODIFICATION OF PROJECT AUTHORITY

.—In the case of

the authorization contained in the table in section 2401(b)

of the Military Construction Authorization Act for Fiscal Year

2019 (division B of Public Law 115–232; 132 Stat. 2249) for

Baumholder, Germany, for construction of a SOF Joint Para-

chute Rigging Facility, the Secretary of Defense may construct

a 3,200 square meter facility.

(2) M

ODIFICATION OF PROJECT AMOUNTS

.—

(A) D

IVISION B TABLE

.—The authorization table in sec-

tion 2401(b) of the Military Construction Authorization

Act for Fiscal Year 2019 (division B of Public Law 115–

232; 132 Stat. 2249), as extended pursuant to subsection

(a), is amended in the item relating to Baumholder, Ger-

many, by striking ‘‘$11,504,000’’ and inserting

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137 STAT. 730 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘$23,000,000’’ to reflect the project modification made by

paragraph (1).

(B) D

IVISION D TABLE

.—The funding table in section

4601 of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat.

2406) is amended in the item relating to Defense-wide,

Baumholder, Germany, SOF Joint Parachute Rigging

Facility, by striking ‘‘11,504’’ in the Conference Authorized

column and inserting ‘‘23,000’’ to reflect the project modi-

fication made by paragraph (1).

SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR

2021 PROJECT AT DEFENSE FUEL SUPPORT POINT

TSURUMI, JAPAN.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2021 (division B

of Public Law 116–283; 134 Stat. 4294), the authorization set forth

in the table in subsection (b), as provided in section 2401(b) of

that Act (134 Stat. 4304), shall remain in effect until October

1, 2024, or the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2025, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Defense Agencies: Extension of 2021 Project Authorization

Country

Installation or

Location

Project

Original

Authorized

Amount

Japan ......... Def Fuel Support

Point Tsurumi .. Fuel Wharf ....... $49,500,000

SEC. 2407. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2021 ENERGY RESILIENCE AND CONSERVATION

INVESTMENT PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2021 (division B

of Public Law 116–283; 134 Stat. 4294), the authorizations set

forth in the table in subsection (b), as provided in section 2402

of that Act (134 Stat. 4306), shall remain in effect until October

1, 2024, or the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2025, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

ERCIP Projects: Extension of 2021 Project Authorizations

State/

Country

Installation or

Location

Project

Original

Authorized

Amount

Arkansas .... Ebbing Air Na-

tional Guard

Base ................... PV Arrays and

Battery Stor-

age ................. $2,600,000

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137 STAT. 731 PUBLIC LAW 118–31—DEC. 22, 2023

ERCIP Projects: Extension of 2021 Project Authorizations—

Continued

State/

Country

Installation or

Location

Project

Original

Authorized

Amount

California ... Marine Corps Air

Combat Center

Twentynine

Palms ................ Install 10 Mw

Battery En-

ergy Storage

for Various

Buildings ....... $11,646,000

Military Ocean

Terminal Con-

cord .................... Military Ocean

Terminal Con-

cord Microgrid $29,000,000

Naval Support Ac-

tivity Monterey Cogeneration

Plant at B236 $10,540,000

Italy ............ Naval Support Ac-

tivity Naples ..... Smart Grid ....... $3,490,000

Nevada ....... Creech Air Force

Base ................... Central Standby

Generators .... $32,000,000

Virginia ...... Naval Medical

Center Ports-

mouth ................ Retro Air Han-

dling Units

From Con-

stant Volume;

Reheat to

Variable Air

Volume .......... $611,000

SEC. 2408. AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION

PROJECTS TO IMPROVE CERTAIN FISCAL YEAR 2022

UTILITY SYSTEMS.

In the case of a utility system that is conveyed under section

2688 of title 10, United States Code, and that only provides utility

services to a military installation, notwithstanding subchapters I

and III of chapter 169 and chapters 221 and 223 of title 10,

United States Code, the Secretary of Defense or the Secretary

of a military department may authorize a contract with the conveyee

of the utility system to carry out the military construction projects

set forth in the following table:

Contracts.

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137 STAT. 732 PUBLIC LAW 118–31—DEC. 22, 2023

Improvement of Conveyed Utility Systems

State Installation or Location Project

Alabama ......... Fort Novosel ..................................... Construct a 10

MW RICE

Generator Plant

and Micro-Grid

Controls

Georgia .......... Fort Moore ........................................ Construct 4.8MW

Generation and

Microgrid

Fort Stewart ..................................... Construct a 10

MW Generation

Plant, with

Microgrid

Controls

New York ....... Fort Drum ........................................ Well Field

Expansion

Project

North Caro-

lina ............. Fort Liberty ...................................... Construct 10 MW

Microgrid

Utilizing Existing

and New

Generators

Fort Liberty ...................................... Fort Liberty

Emergency Water

System

SEC. 2409. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN MILITARY

CONSTRUCTION PROJECTS TO IMPROVE CERTAIN FISCAL

YEAR 2023 UTILITY SYSTEMS.

In the case of a utility system that is conveyed under section

2688 of title 10, United States Code, and that only provides utility

services to a military installation, notwithstanding subchapters I

and III of chapter 169 and chapters 221 and 223 of title 10,

United States Code, the Secretary of Defense or the Secretary

of a military department may authorize a contract with the conveyee

of the utility system to carry out the military construction projects

set forth in the following table:

Improvement of Conveyed Utility Systems

State Installation or Location Project

Georgia .......... Fort Stewart – Hunter Army Air-

field ................................................ Power

Generation and

Microgrid

Kansas ........... Fort Riley ......................................... Power

Generation and

Microgrid

Contracts.

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137 STAT. 733 PUBLIC LAW 118–31—DEC. 22, 2023

Improvement of Conveyed Utility Systems—Continued

State Installation or Location Project

Texas .............. Fort Cavazos .................................... Power

Generation and

Microgrid

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.

Subtitle A—North Atlantic Treaty

Organization Security Investment

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-

TION PROJECTS.

The Secretary of Defense may make contributions for the North

Atlantic Treaty Organization Security Investment Program, as pro-

vided in section 2806 of title 10, United States Code, in an amount

not to exceed the sum of the amount authorized to be appropriated

for this purpose in section 2502 and the amount collected from

the North Atlantic Treaty Organization as a result of construction

previously financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2023, for contributions by the Sec-

retary of Defense under section 2806 of title 10, United States

Code, for the share of the United States of the cost of projects

for the North Atlantic Treaty Organization Security Investment

Program authorized by section 2501 as specified in the funding

table in section 4601.

Subtitle B—Host Country In-Kind

Contributions

SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.

Pursuant to agreement with the Republic of Korea for required

in-kind contributions, the Secretary of Defense may accept military

construction projects for the installations or locations in the

Republic of Korea, and in the amounts, set forth in the following

table:

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137 STAT. 734 PUBLIC LAW 118–31—DEC. 22, 2023

Republic of Korea Funded Construction Projects

Component

Installation or

Location

Project Amount

Army ........... Camp Bonifas Vehicle Maintenance

Shop ......................... $7,700,000

Army ........... Camp Carroll Humidity Controlled

Warehouse ............... $189,000,000

Army ........... Camp Hum-

phreys ......... Airfield Services Stor-

age Warehouse ........ $7,100,000

Army ........... Camp Walker Consolidated Fire and

Military Police Sta-

tion ........................... $48,000,000

Army ........... Pusan .............. Warehouse Facility .... $40,000,000

Navy ........... Chinhae .......... Electrical Switchgear

Building ................... $6,000,000

Air Force .... Osan Air Base Consolidated Oper-

ations Group and

Maintenance Group

Headquarters .......... $46,000,000

Air Force .... Osan Air Base Flight Line Dining Fa-

cility ......................... $6,800,000

Air Force .... Osan Air Base Reconnaissance

Squadron Oper-

ations and Avionics

Facility ..................... $30,000,000

Air Force .... Osan Air Base Repair Aircraft Main-

tenance Hangar

B1732 ....................... $8,000,000

Air Force .... Osan Air Base Upgrade Electrical

Distribution East,

Phase 2 .................... $46,000,000

Air Force .... Osan Air Base Water Supply Treat-

ment Facility ........... $22,000,000

SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.

Pursuant to agreement with the Republic of Poland for required

in-kind contributions, the Secretary of Defense may accept military

construction projects for the installations or locations in the

Republic of Poland, and in the amounts, set forth in the following

table:

Republic of Poland Funded Construction Projects

Component

Installation or

Location

Project Amount

Army ........... Powidz ............ Barracks and Dining

Facility ..................... $93,000,000

Army ........... Powidz ............ Rotary Wing Aircraft

Apron ....................... $35,000,000

Army ........... Swietoszow ..... Bulk Fuel Storage ...... $35,000,000

Army ........... Swietoszow ..... Rail Extension and

Railhead .................. $7,300,000

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137 STAT. 735 PUBLIC LAW 118–31—DEC. 22, 2023

Republic of Poland Funded Construction Projects—

Continued

Component

Installation or

Location

Project Amount

Air Force .... Wroclaw .......... Aerial Port of Debar-

kation Ramp ............ $59,000,000

Air Force .... Wroclaw .......... Taxiways to Aerial

Port of Debarkation

Ramp ....................... $39,000,000

Defense-

Wide.

Lubliniec ........ Special Operations

Forces Company

Operations Facility $16,200,000

TITLE XXVI—GUARD AND RESERVE

FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land acquisition

projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

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.

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Army may acquire real property and carry

out military construction projects for the Army National Guard

locations inside the United States, and in the amounts, set forth

in the following table:

Army National Guard: Inside the United States

State Installation Amount

Arizona .......................... Surprise Readiness Center ...................................... $15,000,000

Florida ........................... Camp Blanding ......................................................... $11,000,000

Idaho ............................. Jerome County Regional Site .................................. $17,000,000

Illinois ........................... North Riverside Armory .......................................... $24,000,000

Kentucky Burlington ................................................................. $16,400,000

Mississippi Southaven Readiness Center ................................... $33,000,000

Missouri ........................ Bellefontaine ............................................................. $28,000,000

New Hampshire ........... Littleton ..................................................................... $23,000,000

New Mexico .................. Rio Rancho Training Site ......................................... $11,000,000

New York ...................... Lexington Avenue Armory ....................................... $90,000,000

Ohio ............................... Camp Perry Joint Training Center ......................... $19,200,000

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137 STAT. 736 PUBLIC LAW 118–31—DEC. 22, 2023

Army National Guard: Inside the United States—Continued

State Installation Amount

Oregon Washington County Readiness Center ................... $26,000,000

Pennsylvania ................ Hermitage Readiness Center ................................... $13,600,000

Rhode Island ................. Quonset Point ........................................................... $41,000,000

South Carolina ............. Aiken County Readiness Center ............................. $20,000,000

McCrady Training Center ........................................ $7,900,000

Virginia ......................... Sandston RC & FMS 1 ............................................. $20,000,000

Wisconsin ...................... Viroqua ...................................................................... $18,200,000

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Army may acquire real property and carry

out military construction projects for the Army Reserve locations

inside the United States, and in the amounts, set forth in the

following table:

Army Reserve

State Installation Amount

Alabama ......................... Birmingham ............................................................. $57,000,000

Arizona ........................... San Tan Valley ........................................................ $17,000,000

California ....................... Fort Hunter Liggett ................................................. $40,000,000

Georgia ........................... Marine Corps Logistics Base Albany ..................... $40,000,000

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE

CONSTRUCTION AND LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Navy may acquire real property and carry

out military construction projects for the Navy Reserve and Marine

Corps Reserve locations inside the United States, and in the

amounts, set forth in the following table:

Navy Reserve and Marine Corps Reserve

State

Installation or

Location

Amount

Michigan ............. Naval Reserve Center Bat-

tle Creek ......................... $24,549,000

Virginia ............... Marine Forces Reserve

Dam Neck Virginia

Beach .............................. $12,400,000

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Air Force may acquire real property and

carry out military construction projects for the Air National Guard

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137 STAT. 737 PUBLIC LAW 118–31—DEC. 22, 2023

locations inside the United States, and in the amounts, set forth

in the following table:

Air National Guard

State Location Amount

Alabama ......................... Montgomery Regional Airport ................................ $7,000,000

Alaska ............................. Joint Base Elmendorf – Richardson ...................... $7,000,000

Arizona ........................... Tucson International Airport ................................. $11,600,000

Arkansas ........................ Ebbing Air National Guard Base .......................... $75,989,000

Colorado ......................... Buckley Space Force Base ...................................... $12,000,000

Indiana ........................... Fort Wayne International Airport ......................... $8,900,000

Oregon ............................ Portland International Airport .............................. $79,000,000

Pennsylvania .................. Harrisburg International Airport .......................... $8,000,000

Wisconsin ....................... Truax Field .............................................................. $5,200,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2606 and available for the National Guard

and Reserve as specified in the funding table in section 4601,

the Secretary of the Air Force may acquire real property and

carry out military construction projects for the Air Force Reserve

locations inside the United States, and in the amounts, set forth

in the following table:

Air Force Reserve

State Location Amount

Arizona ........................... Davis-Monthan Air Force Base .............................. $8,500,000

California ....................... March Air Reserve Base ......................................... $226,500,000

Georgia ........................... Dobbins Air Reserve Base ...................................... $22,000,000

Guam .............................. Joint Region Marianas ........................................... $27,000,000

Louisiana ........................ Barksdale Air Force Base ....................................... $7,000,000

Texas .............................. Naval Air Station Joint Reserve Base Fort Worth $16,000,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD

AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2023, for the costs of acquisition,

architectural and engineering services, and construction of facilities

for the Guard and Reserve Forces, and for contributions therefor,

under chapter 1803 of title 10, United States Code (including the

cost of acquisition of land for those facilities), as specified in the

funding table in section 4601.

SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR

2018 PROJECT AT HULMAN REGIONAL AIRPORT, INDIANA.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2018 (division B

of Public Law 115–91; 131 Stat. 1817), the authorization set forth

in the table in subsection (b), as provided in section 2604 of that

Act (131 Stat. 1836) and extended by section 2608 of the Military

Construction Act for Fiscal Year 2023 (division B of Public Law

117–263), shall remain in effect until October 1, 2024, or the date

of the enactment of an Act authorizing funds for military construc-

tion for fiscal year 2025, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Termination

date.

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137 STAT. 738 PUBLIC LAW 118–31—DEC. 22, 2023

National Guard and Reserve: Extension of 2018 Project

Authorization

State

Installation or

Location

Project

Original

Authorized

Amount

Indiana ...... Hulman Regional

Airport ............... Construct Small

Arms Range .. $8,000,000

SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR

2019 PROJECT AT FRANCIS S. GABRESKI AIRPORT, NEW

YORK.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2019 (division B

of Public Law 115–232; 132 Stat. 2240), the authorization set forth

in the table in subsection (b), as provided in sections 2604 of

that Act (132 Stat. 2255), shall remain in effect until October

1, 2024, or the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2025, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

National Guard and Reserve: Extension of 2019 Project

Authorization

State

Installation or

Location

Project

Original

Authorized

Amount

New York ... Francis S.

Gabreski Airport Security Forces/

Comm. Train-

ing Facility .... $20,000,000

SEC. 2609. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL

YEAR 2021 NATIONAL GUARD AND RESERVE MILITARY

CONSTRUCTION PROJECTS.

(a) E

XTENSION

.—Notwithstanding section 2002 of the Military

Construction Authorization Act for Fiscal Year 2021 (division B

of Public Law 116–283; 134 Stat. 4294), the authorizations set

forth in the table in subsection (b), as provided in sections 2601,

2602, and 2604 of that Act (134 Stat. 4312, 4313, 4314), shall

remain in effect until October 1, 2024, or the date of the enactment

of an Act authorizing funds for military construction for fiscal

year 2025, whichever is later.

(b) T

ABLE

.—The table referred to in subsection (a) is as follows:

Termination

date.

Termination

date.

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137 STAT. 739 PUBLIC LAW 118–31—DEC. 22, 2023

National Guard and Reserve: Extension of 2021 Project

Authorizations

State or

Territory

Installation or

Location

Project

Original

Authorized

Amount

Arkansas .... Fort Chaffee ......... National Guard

Readiness

Center ........... $15,000,000

California ... Bakersfield ........... National Guard

Vehicle Main-

tenance Shop $9,300,000

Colorado ..... Peterson Space

Force Base ........ National Guard

Readiness

Center ........... $15,000,000

Guam ......... Joint Region Mari-

anas ................... Space Control

Facility #5 ..... $20,000,000

Ohio ............ Columbus .............. National Guard

Readiness

Center ........... $15,000,000

Massachu-

setts ........ Devens Reserve

Forces Training

Area ................... Automated Mul-

tipurpose Ma-

chine Gun

Range ............ $8,700,000

North Caro-

lina ......... Asheville ............... Army Reserve

Center/Land .. $24,000,000

Puerto Rico Fort Allen ............. National Guard

Readiness

Center ........... $37,000,000

South Caro-

lina ......... Joint Base

Charleston ........ National Guard

Readiness

Center ........... $15,000,000

Texas .......... Fort Worth ............ Aircraft Mainte-

nance Hangar

Addition/Alt. $6,000,000

Joint Base San

Antonio .............. F–16 Mission

Training Cen-

ter .................. $10,800,000

Virgin Is-

lands ....... St. Croix ................ Army Aviation

Support Facil-

ity (AASF) ..... $28,000,000

St. Croix ................ CST Ready

Building ........ $11,400,000

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137 STAT. 740 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2610. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR

2023 PROJECT AT CAMP PENDLETON, CALIFORNIA.

In the case of the authorization contained in the table in

section 2602 of the Military Construction Authorization Act for

Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat.

2987) for Camp Pendleton, California, for construction of an area

maintenance support activity, the Secretary of the Army may con-

struct a 15,000 square foot facility.

SEC. 2611. AUTHORITY TO CONDUCT RESTORATION AND MODERNIZA-

TION PROJECTS AT THE FIRST CITY TROOP READINESS

CENTER IN PHILADELPHIA, PENNSYLVANIA.

(a) I

ENERAL

.—Subject to the conditions described in sub-

section (b), the Chief of the National Guard Bureau may only

obligate or expend amounts available to the Army National Guard

for Facilities Sustainment, Restoration, and Modernization, or

award a contract, to conduct restoration and modernization projects

at the First City Troop Readiness Center in Philadelphia, Pennsyl-

vania.

(b) C

ONDITIONS

.—The conditions described in this subsection

are the following:

(1) As of the date on which the Chief awards a contract

under subsection (a), any lease held by the Commonwealth

of Pennsylvania for the First City Troop Readiness Center

has a term sufficient to allow a project described in subsection

(a) to realize the applicable full lifecycle benefit.

(2) The Federal contribution for such a project does not

exceed 50 percent of the total cost of the project.

(3) Not later than 15 days before the date on which the

Chief awards any such contract, the Chief submits to the

Committees on Armed Services of the Senate and the House

of Representatives a notification that includes an explanation

of the sufficiency of the term of the lease described in paragraph

(1).

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.

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGN-

MENT AND CLOSURE ACTIVITIES FUNDED THROUGH

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2023, for base realignment and clo-

sure activities, including real property acquisition and military

construction projects, as authorized by the Defense Base Closure

and Realignment Act of 1990 (part A of title XXIX of Public Law

101–510; 10 U.S.C. 2687 note) and funded through the Department

of Defense Base Closure Account established by section 2906 of

such Act as specified in the funding table in section 4601.

Deadline.

Notification.

Contracts.

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137 STAT. 741 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE

REALIGNMENT AND CLOSURE (BRAC) ROUND.

Nothing in this Act shall be construed to authorize an additional

Base Realignment and Closure (BRAC) round.

TITLE XXVIII—MILITARY

CONSTRUCTION GENERAL PROVISIONS

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.

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.

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137 STAT. 742 PUBLIC LAW 118–31—DEC. 22, 2023

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.

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.

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137 STAT. 743 PUBLIC LAW 118–31—DEC. 22, 2023

Subtitle A—Military Construction

Programs

SEC. 2801. MODIFICATIONS TO DEFENSE COMMUNITY INFRASTRUC-

TURE PROGRAM.

Section 2391(d) of title 10, United States Code, is amended—

(1) in the subsection heading, by striking ‘‘P

ILOT

’’; and

(2) by striking paragraph (5).

SEC. 2802. MODIFICATION TO AUTHORITY FOR UNSPECIFIED MINOR

CONSTRUCTION.

(a) I

NCLUSION OF

EMOLITION IN

EFINITION OF

NSPECIFIED

INOR

ILITARY

ONSTRUCTION

ROJECT

.—Section 2805(a) of title

10, United States Code, is amended—

(1) in paragraph (2), by inserting ‘‘or a demolition project’’

after ‘‘is a military construction project’’; and

(2) by adding at the end the following new paragraph:

‘‘(3) Notwithstanding the requirements of this section, the Sec-

retary concerned may use amounts authorized pursuant to another

law or regulation to carry out a demolition project described in

paragraph (2).’’.

(b) M

ODIFICATION TO

OLLAR

HRESHOLDS FOR

NSPECIFIED

INOR

ONSTRUCTION

.—Section 2805 of title 10, United States

Code, is amended—

(1) in subsection (a)(2), by striking the dollar figure and

inserting ‘‘$9,000,000’’;

(2) in subsection (b)(2), by striking the dollar figure and

inserting ‘‘$4,000,000’’;

(3) in subsection (c), by striking the dollar figure and

inserting ‘‘$4,000,000’’; and

(4) in subsection (d)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking the dollar

figure and inserting ‘‘$9,000,000’’; and

(ii) in subparagraph (B), by striking the dollar

figure and inserting ‘‘$9,000,000’’; and

(B) in paragraph (2), by striking the dollar figure and

inserting ‘‘$9,000,000’’.

ODIFICATION TO

DJUSTMENT OF

OLLAR

IMITATIONS FOR

OCATION

.—Section 2805(f) of title 10, United States Code, is

amended—

(1) in paragraph (1), by striking the dollar figure and

inserting ‘‘$14,000,000’’; and

(2) by striking paragraph (3).

(d) R

EPORT

.—No later than 270 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the congressional defense committees a report on the impacts of

inflation over time on the utility of the authority to carry out

unspecified minor military construction projects under section 2805

of title 10, United States Code.

(e) R

EPEAL

.—Section 2801 of the National Defense Authoriza-

tion Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2992;

10 U.S.C. 2805 note) is repealed.

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137 STAT. 744 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2803. APPLICATION OF DOLLAR LIMITATIONS FOR UNSPECIFIED

MINOR MILITARY CONSTRUCTION PROJECTS TO LOCA-

TIONS OUTSIDE THE UNITED STATES.

Section 2805(f) of title 10, United States Code (as amended

by section 2802), is further amended—

(1) in paragraph (1), by striking ‘‘inside the United States’’;

and

(2) by striking paragraph (2).

SEC. 2804. INCREASE TO AMOUNT OF CERTAIN FUNDS FOR MILITARY

INSTALLATION RESILIENCE PROJECTS.

Section 2815(e)(3) of title 10, United States Code, is amended

by striking ‘‘$100,000,000’’ and inserting ‘‘$125,000,000’’.

SEC. 2805. AUTHORITY FOR CERTAIN CONSTRUCTION PROJECTS IN

FRIENDLY FOREIGN COUNTRIES.

Subchapter I of chapter 169 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 2817. Authority for certain construction projects in

friendly foreign countries

‘‘(a) C

ONSTRUCTION

UTHORIZED

.—Using funds available for

operations and maintenance, the Secretary of Defense may carry

out a construction project in a friendly foreign country, and perform

planning and design to support such a project, that the Secretary

determines meets each of the following conditions:

‘‘(1) The commander of the geographic combatant command

in which the construction project will be carried out identified

the construction project as necessary to support vital United

States military requirements at an air port of debarkation,

sea port of debarkation, or rail or other logistics support loca-

tion.

‘‘(2) The construction project will not be carried out at

a military installation.

‘‘(3) The funds made available under the authority of this

section for the construction project—

‘‘(A) will be sufficient to—

‘‘(i) construct a complete and usable facility or

make an improvement to a facility; or

‘‘(ii) complete the repair of an existing facility or

improvement to a facility; and

‘‘(B) will not require additional funds from other

Department of Defense accounts.

‘‘(4) The level of construction for the construction project

may not exceed the minimum necessary to meet the military

requirements identified under paragraph (1).

‘‘(5) Deferral of the construction project pending inclusion

of the construction project proposal in the national defense

authorization Act for a subsequent fiscal year is inconsistent

with the military requirements identified under paragraph (1)

and other national security or national interests of the United

States.

‘‘(b) C

ONGRESSIONAL

OTIFICATION

.—

‘‘(1) N

OTIFICATION REQUIRED

.—Upon determining to carry

out a construction project under this section that has an esti-

mated cost in excess of the amounts authorized for unspecified

minor military construction projects under section 2805(c) of

Determination.

10 USC 2817.

10 USC

prec. 2801.

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137 STAT. 745 PUBLIC LAW 118–31—DEC. 22, 2023

this title, the Secretary of Defense shall submit to the specified

congressional committees a notification of such determination.

‘‘(2) E

LEMENTS

.—The notification required by paragraph

(1) shall include the following:

‘‘(A) A certification that the conditions specified in

subsection (a) are satisfied with regard to the construction

project.

‘‘(B) A justification for such project.

‘‘(C) An estimate of the cost of such project.

‘‘(3) N

OTICE AND WAIT

.—The Secretary of Defense may carry

out a construction project only after the end of the 30-day

period beginning on the date the notice required by paragraph

(1) is received by the specified congressional committees in

an electronic medium pursuant to section 480 of this title.

‘‘(c) A

NNUAL

IMITATIONS ON

SE OF

UTHORITY

.—

‘‘(1) T

OTAL COST LIMITATION

.—The Secretary of Defense

may not obligate more than $200,000,000 in any fiscal year

under the authority provided by this section.

‘‘(2) A

DDITIONAL OBLIGATION AUTHORITY

.—Notwithstanding

paragraph (1), the Secretary of Defense may authorize the

obligation under this section of not more than an additional

$10,000,000 from funds available for operations and mainte-

nance for a fiscal year if the Secretary determines that the

additional funds are needed for costs associated with contract

closeouts for all construction projects during such fiscal year.

‘‘(3) P

ROJECT LIMITATION

.—The maximum amount that the

Secretary may obligate for a single construction project is

$15,000,000.

‘‘(d) S

PECIFIED

ONGRESSIONAL

OMMITTEES

EFINED

.—In this

section, the term ‘specified congressional committees’ means—

‘‘(1) the Committee on Armed Services and the Sub-

committee on Defense and the Subcommittee on Military

Construction, Veterans Affairs, and Related Agencies of the

Committee on Appropriations of the Senate; and

‘‘(2) the Committee on Armed Services and the Sub-

committee on Defense and the Subcommittee on Military

Construction, Veterans Affairs, and Related Agencies of the

Committee on Appropriations of the House of Representatives.’’.

SEC. 2806. TEMPORARY EXPANSION OF AUTHORITY FOR USE OF ONE-

STEP TURN-KEY PROCEDURES FOR REPAIR PROJECTS.

During the five-year period beginning on the date of the enact-

ment of this Act, section 2862(a)(2) of title 10, United States Code,

shall be applied and administered by substituting ‘‘$8,000,000’’ for

‘‘$4,000,000’’.

SEC. 2807. AUTHORIZATION OF COST-PLUS INCENTIVE-FEE CON-

TRACTING FOR MILITARY CONSTRUCTION PROJECTS TO

MITIGATE RISK TO THE SENTINEL PROGRAM SCHEDULE

AND COST.

Notwithstanding section 3323 of title 10, United States Code,

the Secretary of Defense may authorize the use of contracts using

cost-plus incentive-fee contracting for military construction projects

associated with launch facilities, launch centers, and related infra-

structure of the Sentinel intercontinental ballistic missile weapon

system program of the Department of Defense for not more than

one low-rate initial production lot at each of the following locations:

(1) F.E. Warren Air Force Base, Wyoming.

State listing.

Time period.

10 USC 2862

note.

Time period.

Cost estimates.

Certification.

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137 STAT. 746 PUBLIC LAW 118–31—DEC. 22, 2023

(2) Malmstrom Air Force Base, Montana.

(3) Minot Air Force Base, North Dakota.

SEC. 2808. INCLUSION ON DEPARTMENT OF DEFENSE FORM 1391 OF

INFORMATION ON CONSIDERATION OF CERTAIN

METHODS OF CONSTRUCTION FOR CERTAIN MILITARY

CONSTRUCTION PROJECTS.

(a) I

ENERAL

.—As part of the Department of Defense Form

1391 submitted to the appropriate committees of Congress for a

covered military construction project, each covered official shall,

to the extent practicable, include information on whether all rel-

evant construction materials and methods of construction included

in the Unified Facilities Criteria/DoD Building Code (UFC 1–200–

01) were considered in the design of such covered military construc-

tion project.

(b) D

EFINITIONS

.—In this section:

(1) The terms ‘‘appropriate committees of Congress’’ and

‘‘military construction project’’ have the meanings given in sec-

tion 2801 of title 10, United States Code.

(2) The term ‘‘covered military construction project’’ means

a military construction project with an estimated total cost

in excess of $9,000,000.

(3) The term ‘‘covered official’’ means—

(A) the Secretary of Defense; and

(B) each Secretary of a military department.

SEC. 2809. INCORPORATION OF CYBERSECURITY SUPPLY CHAIN RISK

MANAGEMENT TOOLS AND METHODS.

Section 2914 of title 10, United States Code, is amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new sub-

section:

‘‘(e) I

NCORPORATION OF

YBERSECURITY

UPPLY

HAIN

ISK

ANAGEMENT

OOLS AND

ETHODS

.—(1) The Secretary of Defense

shall incorporate into covered projects cybersecurity supply chain

risk management tools and solutions to provide continuous analysis,

monitoring, and mitigation of cyber vulnerabilities.

‘‘(2) In carrying out the requirements of paragraph (1), the

Secretary of Defense shall consider, to the maximum extent prac-

ticable, the following:

‘‘(A) The adoption of commercially available cybersecurity

supply chain risk management tools and solutions.

‘‘(B) The inclusion of existing databases on cyber

vulnerabilities when selecting such tools and solutions.

‘‘(C) The need for such tools and methods to provide contin-

uous analysis, monitoring, and mitigation of cyber

vulnerabilities in covered projects.

‘‘(D) Beginning with fiscal year 2026, documentation for

any new requirements for cybersecurity supply chain risk

management in annual guidance for covered projects that is

submitted along with the annual budget request of the Presi-

dent submitted pursuant to section 1105 of title 31.

‘‘(3) In this subsection, the term ‘covered project’ means a

project connected to a Department of Defense Information Network

for which funds are made available under this section.’’.

Definition.

Effective date.

Requirements.

10 USC 2802

note.

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137 STAT. 747 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2810. AUTHORITY FOR INDO-PACIFIC POSTURE UNSPECIFIED

MINOR MILITARY CONSTRUCTION PROJECTS.

(a) A

UTHORITY

.—To support the posture of the Armed Forces

in the United States Indo-Pacific Command area of operations,

the Commander of the United States Indo-Pacific Command (in

this section referred to as the ‘‘Commander’’) may carry out unspec-

ified minor military construction projects not otherwise authorized

by law with an approved cost less than $15,000,000.

(b) S

COPE OF

ROJECT

UTHORITY

.—A project carried out under

this section may include—

(1) the design, construction, development, conversion,

extension, renovation, or repair of a facility, whether to satisfy

temporary or permanent requirements; and

(2) to the extent necessary, any acquisition of land subject

to the limitations on real property acquisition of chapter 159

of title 10, United States Code.

URPOSES

.—A project carried out under this section shall

be for the purpose of—

(1) supporting the rotational deployments of the Armed

Forces;

(2) enhancing facility preparedness and military installa-

tion resilience (as defined in section 101(e)(8) of title 10, United

States Code) in support of potential, planned, or anticipated

defense activities; or

(3) providing for prepositioning and storage of equipment

and supplies.

(d) L

OCATION OF

ROJECTS

.—A project carried out under this

section must be located within the area of responsibility of the

United States Indo-Pacific Command and at a military installation

that includes a main operating base, cooperative security location,

forward operating site, or contingency location for use by the Armed

Forces.

(e) A

VAILABLE

MOUNTS

.—In carrying out a project under this

section, the Commander may use amounts appropriated for—

(1) the INDOPACOM Military Construction Pilot Program

fund (as specified in the funding table in section 4601); and

(2) operation and maintenance, not to exceed 200 percent

of the amount specified in section 2805(c) of title 10, United

States Code.

(f) N

OTICE TO

ONGRESS

.—

(1) I

N GENERAL

.—If the Commander decides to carry out

a project under this section with a cost exceeding $2,000,000,

the Commander shall submit a written notification to the

congressional defense committees of that decision.

(2) R

ELEVANT DETAILS

.—A notice under paragraph (1) with

respect to a project shall include relevant details and justifica-

tion of the project, including the estimated cost, and may

include a classified annex.

(3) T

IMING

.—A project under this section covered by para-

graph (1) may not be carried out until the end of the 14-

day period beginning on the date of receipt of the notification

under such paragraph by the congressional defense committees.

(g) P

ROJECT

XECUTION

.—

(1) P

ROJECT SUPERVISION

.—Subsections (a) and (b) of sec-

tion 2851 of title 10, United States Code, shall not apply to

projects carried out by the Commander under this section.

Cost estimates.

10 USC 2805

note.

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137 STAT. 748 PUBLIC LAW 118–31—DEC. 22, 2023

(2) A

PPLICATION OF CHAPTER 169 OF TITLE 10

UNITED STATES

CODE

.—When exercising the authority under subsection (a),

the Commander shall, for purposes of chapter 169 of title

10, United States Code, be considered the Secretary concerned.

(h) A

NNUAL

EPORT

.—Not later than December 31, 2024, and

annually thereafter until the termination date in subsection (i),

the Commander shall submit to the congressional defense commit-

tees a report containing a list of projects funded, lessons learned,

and, subject to the concurrence of the Secretary of Defense, rec-

ommended adjustments to the authority under this section for

the most recently ended fiscal year covered by the report.

(i) T

ERMINATION

.—The authority to carry out a project under

this section expires on March 31, 2029.

SEC. 2811. AUTHORITY TO CONDUCT ENERGY RESILIENCE AND CON-

SERVATION PROJECTS AT INSTALLATIONS AT WHICH

CERTAIN ENERGY PROJECTS HAVE OCCURRED.

(a) I

ENERAL

.—Subsection (k) of section 2688 of title 10,

United States Code, is amended to read as follows:

‘‘(k) I

MPROVEMENT OF

ONVEYED

TILITY

YSTEM

.—(1) In the

case of a utility system that has been conveyed under this section

and that only provides utility services to a military installation,

the Secretary of Defense or the Secretary of a military department

may authorize a contract on a sole source basis with the conveyee

of the utility system to carry out a military construction project

as authorized and appropriated for by law for an infrastructure

improvement that enhances the reliability, resilience, efficiency,

physical security, or cybersecurity of the utility system.

‘‘(2) The Secretary of Defense or the Secretary of a military

department may convey under subsection (j) any infrastructure

constructed under paragraph (1) that is in addition to the utility

system conveyed under such paragraph.’’.

(b) D

EPARTMENT OF

EFENSE

NFRASTRUCTURE

ESILIENCE AND

EADINESS

.—

(1) A

UTHORITY

.—The Secretary of Defense and the Sec-

retary of the military department concerned may utilize existing

areawide contracts to procure utility services from a utility

service supplier—

(A) to support installation energy resilience and mis-

sion readiness;

(B) for the protection of critical infrastructure of the

Department of Defense located at a military installation;

and

through implementation of utility system infrastructure

projects, to include facilities sustainment, restoration, and

modernization of such infrastructure.

(2) S

UNSET

.—The authority under this subsection shall

terminate on September 30, 2032.

(3) D

EFINITIONS

.—In this section:

(A) A

REAWIDE CONTRACT

.—The term ‘‘areawide con-

tract’’ means a contract entered into between the General

Services Administration and a utility service supplier under

section 501 of title 40, United States Code, to procure

the utility service needs of Federal agencies within the

franchise territory of the supplier.

10 USC 2920

note.

Lists.

Recommenda-

tions.

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137 STAT. 749 PUBLIC LAW 118–31—DEC. 22, 2023

(B) E

NERGY RESILIENCE

.—The term ‘‘energy resilience’’

has the meaning given the term in section 101(e) of title

10, United States Code.

RANCHISE TERRITORY

.—The term ‘‘franchise terri-

tory’’ means a geographical area that a utility service sup-

plier has a right to serve based upon a franchise granted

by an independent regulatory body, a certificate of public

convenience and necessity, or other legal means.

(D) U

TILITY SERVICE

.—The term ‘‘utility service’’—

(i) means a utility or service described in section

2872a(b) of title 10, United States Code;

(ii) includes the services supplied by a utility

service supplier described in an areawide contract such

as connection, change, disconnection, continue service,

line extension, alteration or relocation, metering, and

special facilities, including primary generation, backup

generation, microgrid controls, charging capabilities,

and any supporting infrastructure; and

(iii) includes ancillary services, including total

maintenance and repair, major restoration and repair,

studies, and any other services, as appropriate.

(E) U

TILITY SERVICE SUPPLIER

.—The term ‘‘utility

service supplier’’ means an entity that supplies a utility

service.

(F) U

TILITY SYSTEM

.—The term ‘‘utility system’’ has

the meaning given the term in subsections (i)(1)(A) and

(i)(2)(A) of section 2688 of title 10, United States Code.

Subtitle B—Military Housing Reforms

SEC. 2821. ESTABLISHMENT OF THE MILITARY FAMILY READINESS

WORKING GROUP FOR MILITARY HOUSING.

(a) I

ENERAL

.—Subsection (e) of section 1781a of title 10,

United States Code, is amended to read as follows:

‘‘(e) M

ILITARY

AMILY

EADINESS

ORKING

ROUP FOR

ILI

TARY

OUSING

.—

‘‘(1) There is in the Council the Military Family Readiness

Working Group for Military Housing (in this section referred

to as the ‘Housing Working Group’).

‘‘(2)(A) The Housing Working Group shall be composed

of the following members:

‘‘(i) The Assistant Secretary of Defense for Energy,

Installations, and Environment, who shall serve as chair

of the Housing Working Group on a nondelegable basis.

‘‘(ii) One representative of each of the Army, Navy,

Air Force, Marine Corps, and Space Force—

‘‘(I) each of whom shall be a member of the armed

force to be represented; and

‘‘(II) not fewer than two of whom shall be enlisted

members.

‘‘(iii) One spouse of a member of each of the Army,

Navy, Air Force, Marine Corps, and Space Force on active

duty, not fewer than two of which shall be the spouse

of an enlisted member.

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137 STAT. 750 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(iv) One commander or senior official of a military

installation from each military department with responsi-

bility for the public works or civil engineering systems

of such installation.

‘‘(v) One individual appointed by the Secretary of

Defense among representatives of a voluntary consensus

standards body that develops personnel certification stand-

ards for building maintenance, inspections, or restoration.

‘‘(vi) The Director of the Office of Military Family

Readiness Policy.

‘‘(B) The term of Housing Working Group members speci-

fied under clauses (ii) through (v) of subparagraph (A) shall

be two years and may be renewed by the Secretary of Defense.

‘‘(C) The chair of the Housing Working Group shall extend

an invitation to all landlords for one representative of each

landlord to attend such meetings of the Housing Working Group

as the chair considers appropriate but at a minimum of once

per year.

‘‘(3) The Housing Working Group shall meet at least two

times each year.

‘‘(4) The duties of the Housing Working Group shall include

the following:

‘‘(A) To review and make recommendations to the Sec-

retary of Defense on policies for covered military housing,

including inspections practices and resident surveys.

‘‘(B) To make recommendations to the Secretary of

Defense to improve—

‘‘(i) awareness and promotion of accurate and

timely information about covered military housing,

accommodations available through the Exceptional

Family Member Program of the Department, and other

support services; and

‘‘(ii) collaboration among policymakers, providers

of such accommodations and other support services,

and targeted beneficiaries of such accommodations and

other support services.

‘‘(5) In this subsection:

‘‘(A) The term ‘landlord’ has the meaning given that

term in section 2871 of this title.

‘‘(B) The term ‘covered military housing’ means housing

acquired or constructed pursuant to subchapter IV of

chapter 169 of this title that is owned by an entity other

than the Federal Government.’’.

(b) A

NNUAL

EPORTS

.—

(1) I

N GENERAL

.—Not later than July 1, 2024, and annually

thereafter until July 1, 2029, the Department of Defense Mili-

tary Family Readiness Council (established under section 1781a

of title 10, United States Code) shall submit to the Secretary

of Defense and the congressional defense committees a report

on military family readiness.

(2) C

ONTENTS

.—Each report under this subsection shall

include the following:

(A) An assessment of the adequacy and effectiveness

of the military family readiness programs and activities

of the Department of Defense during the fiscal year pre-

ceding the date of submission of the report in meeting

the needs and requirements of military families.

Assessment.

Definitions.

Term.

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137 STAT. 751 PUBLIC LAW 118–31—DEC. 22, 2023

(B) Recommendations on actions to be taken to improve

the capability of the military family readiness programs

and activities of the Department of Defense to meet the

needs and requirements of military families, including

actions relating to the allocation of funding and other

resources to and among such programs and activities.

Readiness Working Group for Military Housing (established

under subsection (e) of such section 1781a, as amended

by this section) during the year covered by the report.

ONFORMING

MENDMENT

.—Paragraph (31) of section

1061(c) of the National Defense Authorization Act for Fiscal Year

2017 (Public Law 114–328; 10 U.S.C. 111 note) is repealed.

SEC. 2822. IMPROVEMENTS TO PRIVATIZED MILITARY HOUSING.

(a) I

NCLUSION OF

NFORMATION ON

OMPLIANCE

ITH

ENANT

ILL OF

IGHTS IN

OTICE OF

EASE

XTENSION

.—Section 2878(f)(2)

of title 10, United States Code, is amended by adding at the end

the following new subparagraph:

‘‘(E) An assessment of compliance by the lessor with the

Military Housing Privatization Initiative Tenant Bill of Rights

developed under section 2890 of this title.’’.

(b) M

ODIFICATION OF

UTHORITY TO

NVESTIGATE

EPRISALS

.—

Subsection (e) of section 2890 of such title is amended—

(1) in paragraph (1)—

(A) by striking ‘‘Assistant Secretary of Defense for

Sustainment’’ and inserting ‘‘Inspector General of the

Department of Defense’’; and

(B) by striking ‘‘member of the armed forces’’ and

inserting ‘‘tenant’’;

(2) in paragraph (2)—

(A) in the matter preceding subparagraph (A)—

(i) by striking ‘‘Assistant Secretary of Defense for

Sustainment’’ and inserting ‘‘Inspector General’’;

(ii) by striking ‘‘member of the armed forces’’ and

inserting ‘‘tenant’’; and

(iii) by striking ‘‘Assistant Secretary’’ and inserting

‘‘Inspector General’’; and

(B) in subparagraph (B), by striking ‘‘Assistant Sec-

retary’’ and inserting ‘‘Inspector General’’; and

(3) in paragraph (3)—

(A) by striking ‘‘Assistant Secretary of Defense for

Sustainment’’ and inserting ‘‘Inspector General of the

Department of Defense’’; and

(B) by striking ‘‘Secretary of the military department

concerned’’ and inserting ‘‘Inspector General of the military

department concerned’’.

IMITATION ON

OUSING

NHANCEMENT

AYMENTS

.—Section

606(a)(2) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2871

note) is amended—

(1) in subparagraph (A)—

(A) by striking ‘‘Each month’’ and inserting ‘‘Except

as provided in subparagraph (D), each month’’; and

(B) by striking ‘‘one of more’’ and inserting ‘‘one or

more’’; and

(2) by adding at the end the following new subparagraph:

Assessment.

Recommenda-

tions.

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137 STAT. 752 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(D) L

IMITATION ON PAYMENT

.—

‘‘(i) I

N GENERAL

.—Subject to clause (ii), the Sec-

retary of a military department may not make a pay-

ment under subparagraph (A) to a lessor unless the

Assistant Secretary of Defense for Energy, Installa-

tions, and Environment determines the lessor is in

compliance with the Military Housing Privatization

Initiative Tenant Bill of Rights developed under section

2890 of title 10, United States Code.

‘‘(ii) A

PPLICATION

.—The limitation under clause (i)

shall apply to any payment under a housing agreement

entered into on or after the date of the enactment

of the National Defense Authorization Act for Fiscal

Year 2024 by the Secretary of a military department

with a lessor.’’.

SEC. 2823. NOTIFICATION RELATING TO LEGAL COUNSEL FOR NON-

DISCLOSURE AGREEMENTS.

Section 2890(f) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3) A party presenting a proposed nondisclosure agreement

to a tenant shall notify such tenant that such tenant may,

not later than 10 business days after such presentation, seek

legal counsel with respect to the terms of and implications

of entering into such agreement. A tenant may not be required

to sign such agreement before the end of such 10-day period.’’.

SEC. 2824. INCLUSION OF QUESTIONS REGARDING MILITARY HOUSING

FOR MEMBERS OF THE ARMED FORCES IN STATUS OF

FORCES SURVEY.

The Secretary of Defense shall include, at a minimum, in

each status of forces survey of the Department of Defense conducted

on or after the date of the enactment of this Act questions specifi-

cally relating to the following:

(1) Overall satisfaction with current military housing of

members of the Armed Forces.

(2) Satisfaction of such members with the physical condition

of such military housing.

(3) Satisfaction of such members with the affordability

of such military housing.

(4) Whether such military housing of such members has

impacted any decision of such a member related to reenlistment

in the Armed Forces.

SEC. 2825. IMPLEMENTATION OF COMPTROLLER GENERAL REC-

OMMENDATIONS RELATING TO STRENGTHENING OVER-

SIGHT OF PRIVATIZED MILITARY HOUSING.

(a) I

ENERAL

.—Not later than one year after the date of

the enactment of this Act, the Secretary of Defense shall implement

each recommendation of the Comptroller General of the United

States contained in the report titled ‘‘DOD Can Further Strengthen

Oversight of Its Privatized Housing Program’’ (GAO–23–105377),

dated April 6, 2023, and reissued with revisions on April 20, 2023.

(b) N

IMPLEMENTATION

EPORTING

EQUIREMENT

.—If the

Secretary elects not to implement any such recommendation, the

Secretary shall, not later than one year after the date of the

enactment of this Act, submit to the Committees on Armed Services

10 USC 2890

note.

10 USC 2821

note.

Deadline.

Determination.

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137 STAT. 753 PUBLIC LAW 118–31—DEC. 22, 2023

of the Senate and the House of Representatives a report that

includes a justification for such election.

Subtitle C—Covered Military

Unaccompanied Housing Reforms

SEC. 2831. DESIGN STANDARDS FOR COVERED MILITARY UNACCOM-

PANIED HOUSING.

(a) U

NIFORM

TANDARDS FOR

LOOR

PACE AND

UMBER OF

EMBERS

LLOWED

.—

(1) I

N GENERAL

.—Section 2856 of title 10, United States

Code, is amended—

(A) in the section heading, by striking ‘‘local com-

parability of floor areas’’ and inserting ‘‘standards’’;

(B) by striking ‘‘In’’ and inserting ‘‘(a) L

OCAL

PARABILITY IN

LOOR

REAS

.—In’’;

(B)—

(i) by inserting ‘‘, except for purposes of meeting

minimum area requirements under subsection

(b)(1)(A),’’ after ‘‘in that locality’’; and

(ii) by inserting ‘‘covered’’ before ‘‘military

unaccompanied housing’’; and

(D) by adding at the end the following new subsections:

‘‘(b) F

LOOR

PACE AND

UMBER OF

EMBERS

LLOWED

.—In

the design and configuration of covered military unaccompanied

housing, the Secretary of Defense shall establish uniform design

standards that—

‘‘(1) provide a minimum area of floor space, not including

bathrooms or closets, per individual occupying a unit of covered

military unaccompanied housing;

‘‘(2) ensure that not more than two individuals may occupy

such a unit; and

‘‘(3) provide definitions and measures that specify—

‘‘(A) criteria of design;

‘‘(B) quality of construction material to be used; and

‘‘(C) levels of maintenance to be required.

‘‘(c) C

OVERED

ILITARY

NACCOMPANIED

OUSING

.—For pur-

poses of this section, section 2856a, and section 2856b, the term

‘covered military unaccompanied housing’ means Government-

owned military housing intended to be occupied by members of

the armed forces serving a tour of duty unaccompanied by depend-

ents.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of subchapter III of chapter 169 of title 10, United

States Code, is amended by amending the item relating to

section 2856 to read as follows:

‘‘2856. Covered military unaccompanied housing: design standards.’’.

(b) C

OMPLETION AND

SSUANCE OF

NIFORM

ESIGN

TAND

ARDS

.—Not later than 180 days after the date of the enactment

of this Act, the Secretary of Defense shall—

(1) ensure that the uniform design standards required

under section 2856(b)(1) of title 10, United States Code, as

added by subsection (a)(1)(D), are completed, issued, and sub-

mitted to the congressional defense committees; or

10 USC 2856

note.

10 USC

prec. 2851.

Definition.

Deadlines.

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137 STAT. 754 PUBLIC LAW 118–31—DEC. 22, 2023

(2) submit to the congressional defense committees a

report—

(A) explaining in detail why such standards are not

completed and issued;

(B) indicating when such standards are expected to

be completed and issued; and

for the failure to complete and issue such standards.

OMPLIANCE

ITH

NIFORM

ESIGN

TANDARDS

.—

(1) I

N GENERAL

.—Not later than two years after the date

of the enactment of this Act, the Secretary of each military

department shall ensure that all covered military unaccom-

panied housing located on a military installation under the

jurisdiction of such Secretary complies with the uniform stand-

ards established under section 2856(b)(1) of title 10, United

States Code, as added by subsection (a)(1)(D).

(2) N

O WAIVER

.—The requirement under paragraph (1) may

not be waived.

(3) C

OVERED MILITARY UNACCOMPANIED HOUSING

DEFINED

.—In this subsection, the term ‘‘covered military

unaccompanied housing’’ has the meaning given in section 2856

of title 10, United States Code (as amended by subsection

(a)).

(d) C

ERTIFICATION OF

UDGET

EQUIREMENTS

.—The Under Sec-

retary of Defense (Comptroller) shall include with the submission

of the budget of the President to Congress pursuant to section

1105 of title 31, United States Code, for fiscal years 2025 through

2029 a signed certification that the Secretary of Defense and each

Secretary of a military department has requested sufficient funds

to comply with this section and the amendments made by this

section.

SEC. 2832. ESTABLISHMENT OF STANDARDS FOR HABITABILITY OF

COVERED MILITARY UNACCOMPANIED HOUSING.

(a) E

STABLISHMENT

.—Subchapter III of title 10, United States

Code, (as amended by section 2833) is further amended by inserting

after section 2856a (as added by such section) the following new

section:

‘‘§ 2856b. Covered military unaccompanied housing: stand-

ards for habitability

‘‘(a) S

TANDARDS

EQUIRED

.—For the purposes of assigning a

member of the armed forces to a unit of covered military unaccom-

panied housing, the Secretary of Defense shall establish uniform

minimum standards for covered military unaccompanied housing,

that shall include minimum requirements for—

‘‘(1) condition;

‘‘(2) habitability, health, and environmental comfort;

‘‘(3) safety and security; and

‘‘(4) any other element the Secretary of Defense determines

appropriate.

‘‘(b) L

IMITATION ON

SSUANCE OF

AIVERS

.—Any waiver of a

uniform standard described in subsection (a) may only be issued

by a Secretary of a military department.’’.

(b) G

UIDANCE

.—Not later than 30 days after the date on which

the Secretary of Defense develops the uniform standards under

section 2856b of title 10, United States Code (as added by subsection

10 USC 2856b

note.

Determination.

10 USC 2856b.

10 USC

prec. 2851.

Time period.

Compliance.

Reports.

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137 STAT. 755 PUBLIC LAW 118–31—DEC. 22, 2023

(a)), the Secretary of Defense shall issue to each Secretary of a

military department guidance on such uniform standards.

SEC. 2833. MODIFICATION OF PROCEDURES FOR ISSUANCE OF

WAIVERS OF COVERED PRIVACY AND CONFIGURATION

STANDARDS; TEMPORARY BIANNUAL BRIEFING.

(a) T

ERMINATION OF

XISTING

AIVERS OF

OVERED

RIVACY

AND

ONFIGURATION

TANDARDS

.—Any waiver of covered privacy

and configuration standards in effect on or before the date of the

enactment of this Act shall terminate on March 1, 2024.

(b) W

AIVERS OF

OVERED

RIVACY AND

ONFIGURATION

TAND

ARDS

.—Subchapter III of title 10, United States Code, is amended

by inserting after section 2856 the following new section:

‘‘§ 2856a. Covered military unaccompanied housing: waivers

of covered privacy and configuration standards

‘‘(a) P

ROCEDURES FOR

SSUANCE OF

ERTAIN

AIVERS

.—Effec-

tive March 2, 2024, any waiver of covered privacy and configuration

standards shall be issued in accordance with the following:

‘‘(1) A commander of a military installation desiring a

waiver of covered habitability standards shall submit to the

Secretary of the military department concerned a request for

such waiver.

‘‘(2) A Secretary of a military department may approve

a request under subparagraph (A) only if such Secretary has

exhausted all options available to such Secretary to provide

housing that meets covered privacy and configuration stand-

ards, including the—

‘‘(A) use of available privately-owned military housing;

‘‘(B) modification of unit integrity goals to allow the

use of each available unit of covered military unaccom-

panied housing that meets covered privacy and configura-

tion standards; and

‘‘(C) issuance of a certificate of nonavailability of cov-

ered military unaccompanied housing to allow eligibility

for basic allowance for housing under section 403 of title

37.

‘‘(3) An official described in paragraph (1) or (2) may not

delegate the respective authorities under such paragraphs.

‘‘(4) Any waiver of covered privacy and configuration stand-

ards issued pursuant to this paragraph shall terminate on

the date that is 9 months after the date on which such waiver

was issued. A Secretary of a military department may not

renew any such waiver.

‘‘(b) A

NNUAL

EPORT ON

AIVERS

.—Not later than March 1,

2025, and annually thereafter not later than 15 days after the

submission of the budget of the President to Congress pursuant

to section 1105 of title 31, the Secretary of Defense shall submit

to the Committees on Armed Services of the House of Representa-

tives and the Senate and the Comptroller General of the United

States a report on waivers issued under this section that includes—

‘‘(1) the number of such waivers that were issued during

the period covered by the report;

‘‘(2) a plan to remedy the deficiencies, if any, of covered

military unaccompanied housing that required the issuance

of such a waiver;

Plan.

Termination

date.

Certification.

Approval.

Effective date.

10 USC 2856a.

10 USC

prec. 2851.

10 USC 2856a

note.

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137 STAT. 756 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(3) a strategy to remedy issues, if any, caused by covered

military unaccompanied housing that did not comply with such

uniform standards;

‘‘(4) a strategy to remedy the factors, if any, that require

a commander of a military installation to submit to the

applicable Secretary of a military department a request for

consecutive waivers of such uniform standards, including a

timeline for the implementation of such strategy; and

‘‘(5) an analysis of strategies to remedy the factors described

in paragraph (4), including—

‘‘(A) projects to modernize existing covered military

unaccompanied housing to comply with such uniform stand-

ards;

‘‘(B) projects to construct new covered military

unaccompanied housing; and

‘‘(C) modifications to relevant policies of the Depart-

ment of Defense, excluding such policies relating to infra-

structure.

‘‘(c) C

OVERED

RIVACY AND

ONFIGURATION

TANDARD

EFINED

.—In this section, the term ‘covered privacy and configura-

tion standard’ means the minimum standards for privacy and

configuration applicable to covered military unaccompanied housing

described in Department of Defense Manual 4165.63 titled ‘DoD

Housing Management’ and dated October 28, 2010 (or a successor

document).’’.

EMPORARY

IANNUAL

RIEFING ON

AIVERS

; L

IMITATIONS

VAILABILITY OF

UNDS

.—

(1) B

RIEFINGS

.—Not later than 30 days after the submission

of the budget of the President to Congress pursuant to section

1105 of title 31, United States Code, and on a biannual basis

thereafter until the date that is two years after the date of

the enactment of this Act, each Secretary of a military depart-

ment shall provide to the congressional defense committees

a briefing on waivers of covered privacy and configuration

standards pursuant to section 2856a of title 10, United States

Code, for covered military unaccompanied housing under the

jurisdiction of that Secretary that includes—

(A) the number, disaggregated by military installation,

of waivers in effect as of the date of such briefing relating

to occupancy;

(B) a list of each waiver described in subparagraph

(A) that includes—

(i) an identification of the official who approved

each such waiver;

(ii) a description of the military necessity under-

lying each such waiver; and

(iii) a statement of the period each such waiver

is effective; and

the Armed Forces that reside in covered military unaccom-

panied housing subject to a waiver described in such

subparagraph.

(2) L

IMITATIONS

.—

(A) O

PERATIONS AND MAINTENANCE

ARMY

.—Of the

funds authorized to be appropriated by this Act or other-

wise made available for fiscal 2024 for Administration and

Service-wide Activities, operations and maintenance, Army,

Lists.

Deadline.

Termination

date.

Analysis.

Strategy.

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137 STAT. 757 PUBLIC LAW 118–31—DEC. 22, 2023

not more than 75 percent may be obligated or expended

until the Secretary of the Army provides the first respective

briefing described in paragraph (1).

(B) O

PERATIONS AND MAINTENANCE

NAVY

.—Of the

funds authorized to be appropriated by this Act or other-

wise made available for fiscal 2024 for Administration and

Service-wide Activities, operations and maintenance, Navy,

not more than 75 percent may be obligated or expended

until the Secretary of the Navy provides the first respective

briefing described in such paragraph.

PERATIONS AND MAINTENANCE

AIR FORCE

.—Of the

funds authorized to be appropriated by this Act or other-

wise made available for fiscal 2024 for Administration and

Service-wide Activities, operations and maintenance, Air

Force, not more than 75 percent may be obligated or

expended until the Secretary of the Air Force provides

the first respective briefing described in such paragraph.

(d) R

EVISIONS TO

ULES

, G

UIDANCE

THER

SSUANCES

.—

Not later than 120 days after the date of the enactment of this

Act, the Secretary of Defense and Secretaries of the military depart-

ments shall revise any rule, guidance, or other issuance of the

Department of Defense and the military departments under the

respective jurisdictions of such Secretaries to include the procedures

for the issuance of waivers of covered privacy and configuration

standards pursuant to section 2856a of title 10, United States

Code (as added by subsection (a)).

(e) C

OMPTROLLER

ENERAL

RIEFING

.—Not later than 60 days

after the date of the submission of the plan described in subsection

(b)(2) of section 2856a of title 10, United States Code (as added

by subsection (a)), contained in the first report required under

such subsection, the Comptroller General of the United States shall

provide to the Committees on Armed Services of the House of

Representatives and the Senate a briefing that includes—

(1) an analysis on the ability of each military department

to execute such plan; and

(2) recommendations, if any, of the Comptroller General

with respect to modifications of such plan.

(f) C

OVERED

RIVACY AND

ONFIGURATION

TANDARD

.—The

term ‘‘covered privacy and configuration standard’’ has the meaning

given in section 2856a of title 10, United States Code (as added

by subsection (a)).

SEC. 2834. CERTIFICATION OF HABITABILITY OF COVERED MILITARY

UNACCOMPANIED HOUSING.

Section 2856b of title 10, United States Code (as added by

section 2832) is amended by adding at the end the following new

subsection:

‘‘(c) C

ERTIFICATION

.—The Secretary of Defense shall include,

in conjunction with the submission of the budget of the President

to Congress pursuant to section 1105 of title 31, a certification

from each Secretary of a military department to the congressional

defense committees that the cost for all needed repairs and improve-

ments for each occupied covered military unaccompanied housing

facility under the jurisdiction of such Secretary does not exceed

20 percent of the replacement cost of such facility, as mandated

by Department of Defense Manual 4165.63 titled ‘DoD Housing

Definition.

10 USC 2856a

note.

Recommenda-

tions.

Analysis.

Deadline.

10 USC 2856a

note.

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137 STAT. 758 PUBLIC LAW 118–31—DEC. 22, 2023

Management’ and dated October 28, 2010 (or a successor docu-

ment).’’.

SEC. 2835. PILOT PROGRAM FOR MILITARY CONSTRUCTION PROJECTS

TO REPLACE CERTAIN COVERED MILITARY UNACCOM-

PANIED HOUSING FACILITIES.

(a) I

ENERAL

.—Each Secretary of a military department

may carry out a pilot program under which each such Secretary

administers a military construction project, not otherwise author-

ized by law, to replace a covered military unaccompanied housing

facility—

(1) that such Secretary determines is not in compliance

with the uniform standards for covered military unaccompanied

housing under section 2856b of title 10, United States Code

(as added by section 2832); and

(2) for which the total cost of a repair project to bring

such covered military unaccompanied facility into compliance

with such uniform standards exceeds 75 percent of the total

cost of such a military construction project.

(b) F

ACILITY

EQUIREMENTS

.—A facility constructed pursuant

to a military construction project under a pilot program under

subsection (a)—

(1) with respect to the covered military unaccompanied

housing facility such facility replaces—

(A) may not have a capacity to house more members

of the Armed Forces;

(B) shall be designed and utilized for the same purpose;

and

(2) shall be designed to meet, at a minimum, standards

for construction, utilization, and force protection.

ONDELEGATION

.—For the purposes of carrying out a mili-

tary construction project under a pilot program under subsection

(a), the authority of a Secretary of a military department to deter-

mine whether a covered military unaccompanied housing facility

is in substandard condition may not be delegated.

(d) S

OURCE OF

UNDS

.—A Secretary of a military department

may spend amounts available to such Secretary for operation and

maintenance or unspecified military construction to carry out this

section.

(e) C

ONGRESSIONAL

OTIFICATION

.—With respect to a military

construction project proposed to be carried out under a pilot program

under subsection (a) with an estimated cost in excess of $10,000,000,

the Secretary of the military department concerned shall submit

to the appropriate committees of Congress a report that includes—

(1) a justification for such military construction project;

(2) an estimate of the total cost of such military construc-

tion project; and

(3) a description of the elements of military construction,

including the elements specified in section 2802(b) of title 10,

United States Code, incorporated into such military construc-

tion project.

(f) S

UNSET

.—The authority to carry out a pilot program pursu-

ant to subsection (a) shall terminate on the date that is five years

after the date of the enactment of this Act.

(g) D

EFINITIONS

.—In this section:

Cost estimate.

Reports.

Determination.

10 USC 2821

note.

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137 STAT. 759 PUBLIC LAW 118–31—DEC. 22, 2023

(1) The term ‘‘appropriate committees of Congress’’ has

the meaning given such term in section 2801 of title 10, United

States Code.

(2) The term ‘‘covered military unaccompanied housing’’

has the meaning given such term in section 2856 of such

title (as amended by section 2831).

SEC. 2836. ESTABLISHMENT OF CIVILIAN EMPLOYEES FOR OVERSIGHT

OF COVERED MILITARY UNACCOMPANIED HOUSING.

(a) E

STABLISHMENT

IVILIAN

MPLOYEES

.—

(1) I

N GENERAL

.—Not later than 30 days after the date

of the enactment of this Act and subject to paragraph (3),

the Secretary of Defense shall issue regulations to require

each Secretary of a military department to establish a civilian

employee at the housing office of each military installation

under the respective jurisdiction of each such Secretary to

be responsible for oversight of covered military unaccompanied

housing at that military installation. Such civilian employee

shall be an employee of—

(A) the Department of Defense; or

(B) the military department concerned.

(2) S

UPERVISORY CHAIN

.—Each civilian employee described

in paragraph (1) and member of the Armed Forces described

in paragraph (3) shall report to an appropriate supervisory

civilian employee at the housing office for the applicable mili-

tary installation.

(3) E

XCEPTION

.—The requirement under the regulations

issued pursuant to paragraph (1) shall not apply with respect

to military installations at which oversight of covered military

unaccompanied housing is performed by a member of the Armed

Forces with an occupational specialty that defines the primary

duty of such member as a barracks manager or an equivalent

occupation.

(b) L

IMITATION ON

OLE BY

EMBERS OF THE

RMED

ORCES

;

OSITION

ESIGNATION

.—

(1) L

IMITATION

.—The Secretary of Defense and the Secre-

taries of the military departments concerned may not allow

an enlisted member of the Armed Forces or commissioned

officer to, as a collateral duty, be designated as a barracks

manager or supervisor overseeing, managing, accepting, or com-

piling maintenance records for any covered military unaccom-

panied housing at the applicable military installation.

(2) D

ESIGNATION

.—Except as provided in paragraph (3)

of subsection (a), the functions of a barracks manager or super-

visor described in paragraph (1) shall be completed by a civilian

employee described in paragraph (1) of such subsection.

EFINITIONS

.—In this section:

(1) The term ‘‘covered military unaccompanied housing’’

has the meaning given such term in section 2856 of title 10,

United States Code (as amended by section 2831).

(2) The term ‘‘military installation’’ has the meaning given

such term in section 2801 of such title.

SEC. 2837. MAINTENANCE WORK ORDER MANAGEMENT PROCESS FOR

COVERED MILITARY UNACCOMPANIED HOUSING.

(a) I

ENERAL

.—Not later than 60 days after the date of

the enactment of this Act, the Secretary of Defense shall issue

rules to establish for each military department a process associated

Deadline.

Regulations.

10 USC note

prec. 2851.

Deadline.

Regulations.

Requirements.

10 USC note

prec. 2851.

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137 STAT. 760 PUBLIC LAW 118–31—DEC. 22, 2023

with maintenance work order management for covered military

unaccompanied housing under the jurisdiction of such military

department that is—

(1) in existence on or before the date of the enactment

of this Act; or

(2) constructed or used on or after such date of enactment.

(b) U

SE OF

ROCESS

.—The processes required under subsection

(a) shall include clearly defined requirements for effective and

timely maintenance work order management, including require-

ments with respect to—

(1) quality assurance for maintenance completed;

(2) communication of maintenance progress and resolution

with individuals responsible for the management of the covered

military unaccompanied housing and the residents of such

housing; and

(3) standardized performance metrics, such as the timeli-

ness of completion of maintenance work orders.

DMINISTRATION

.—The Secretary of each military depart-

ment shall administer the process for maintenance work order

management required under subsection (a) for the military depart-

ment under the jurisdiction of such Secretary and shall issue or

update relevant guidance as necessary.

(d) C

OVERED

ILITARY

NACCOMPANIED

OUSING

EFINED

.—

In this section, the term ‘‘covered military unaccompanied housing’’

has the meaning given in section 2856 of title 10, United States

Code (as amended by section 2831).

SEC. 2838. UNIFORM INDEX FOR EVALUATING THE CONDITION OF COV-

ERED MILITARY UNACCOMPANIED HOUSING FACILITIES.

(a) I

ENERAL

.—Not later than 30 days after the date of

the enactment of this Act, the Secretary of Defense, acting through

the Assistant Secretary of Defense for Energy, Installations, and

Environment, shall establish a uniform index for evaluating the

condition of covered military unaccompanied housing facilities—

(1) that exist as of the date of the enactment of this

Act; and

(2) that are constructed or used on or after such date.

(b) C

OMPLETION OF

NDEX

.—Not later than 6 months after

the date of the enactment of this Act, each Secretary of a military

department shall apply the uniform index established under sub-

section (a) to evaluate the condition of each military installation

under the jurisdiction of each such Secretary.

EFINITIONS

.—In this section:

(1) The term ‘‘covered military unaccompanied housing’’

has the meaning given in section 2856 of title 10, United

States Code (as amended by section 2831).

(2) The term ‘‘military department’’ has the meaning given

in section 101 of such title.

(3) The term ‘‘military installation’’ has the meaning given

in section 2801 of such title.

SEC. 2839. ANNUAL REPORTS ON THE CONDITION OF COVERED MILI-

TARY UNACCOMPANIED HOUSING.

(a) R

EPORT

EQUIRED

.—Along with the submission of the

budget of the President to Congress pursuant to section 1105 of

title 31, United States Code, for fiscal year 2025, and annually

thereafter for the subsequent four years, each Secretary of a mili-

tary department shall submit to the Committees on Armed Services

Time period.

Applicability.

Deadlines.

10 USC note

prec. 2851.

Updates.

Guidelines.

Requirements.

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137 STAT. 761 PUBLIC LAW 118–31—DEC. 22, 2023

of the Senate and the House of Representatives a report on the

condition of covered military unaccompanied housing facilities using

the uniform index described in section 2838 of this Act.

(b) E

LEMENTS

.—Each report required under subsection (a) shall

include the following:

(1) A list of the condition of each such covered military

unaccompanied housing facility located on each military

installation under the jurisdiction of the Secretary of the mili-

tary department concerned.

(2) For such facilities in poor or failing condition—

(A) the percentage of repair costs as compared to the

total replacement cost for each such facility;

(B) the funding required to conduct all needed repairs

and improvements at each such facility; and

facility.

(3) For such facilities in good and fair condition, the five-

year plan for sustainment to ensure that each such facility

does not fall to poor or failing condition.

(4) Any other information determined appropriate by the

Secretary of the military department concerned.

EFINITIONS

.—In this section:

(1) The term ‘‘covered military unaccompanied housing’’

has the meaning given in section 2856 of title 10, United

States Code (as amended by section 2831).

(2) The term ‘‘military department’’ has the meaning given

in section 101 of such title.

(3) The term ‘‘military installation’’ has the meaning given

in section 2801 of such title.

(d) A

MENDMENT TO

RIEFINGS ON

MHPI H

OUSING

ROJECTS

.—

Section 606(a)(4) of the John S. McCain National Defense Authoriza-

tion Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1795;

10 U.S.C. 2871 note) is amended by striking ‘‘the Secretary of

Defense’’ and inserting ‘‘each Secretary of a military department’’.

(e) A

MENDMENT TO

UBMISSIONS ON

OUSING

OCUMENTS

.—

Section 2890(d) of title 10, United States Code, is amended—

(1) by striking ‘‘the Secretary of Defense’’ each place it

appears and inserting ‘‘each Secretary of a military depart-

ment’’; and

(2) by striking ‘‘the Department of Defense’’ and inserting

‘‘the military department under the jurisdiction of such Sec-

retary’’.

SEC. 2840. SUBMISSION OF TEMPORARY HOUSING SUPPORT CERTIFI-

CATION TO MEMBERS OF CONGRESS.

Section 2815 of the National Defense Authorization Act for

Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2556 note) is

amended by adding at the end the following new sentence: ‘‘Upon

granting such certification, the Secretary of Defense shall notify

each Member of Congress representing the area in which such

facility is located of such grant of certification.’’

Notification.

Lists.

Plans.

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137 STAT. 762 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2841. ELIMINATION OF FLEXIBILITIES FOR CONSTRUCTION

STANDARDS FOR COVERED MILITARY UNACCOMPANIED

HOUSING.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense and each Sec-

retary of a military department shall modify all directives, instruc-

tions, manuals, regulations, policies, and other guidance and

issuances of the Department of Defense or appropriate military

department to eliminate the grant of any flexibilities to the stand-

ards for construction of new covered military unaccompanied

housing.

(b) M

ATTERS

NCLUDED

.—The requirement under subsection

(a) shall include modifications that remove the flexibility provided

to the military departments with respect to new construction stand-

ards for covered military unaccompanied housing, including modi-

fication of the Department of Defense Manual 4165.63 titled ‘‘DoD

Housing Management’’ and dated October 28, 2010 (or a successor

document).

OVERED

ILITARY

NACCOMPANIED

OUSING

EFINED

.—

In this section, the term ‘‘covered military unaccompanied housing’’

has the meaning given in section 2856 of title 10, United States

Code (as amended by section 2831).

Subtitle D—Real Property and Facilities

Administration

SEC. 2851. GUIDANCE ON DEPARTMENT OF DEFENSE-WIDE STAND-

ARDS FOR ACCESS TO MILITARY INSTALLATIONS.

(a) I

NTERIM

UIDANCE

.—Not later than 30 days after the date

of the enactment of this Act, the Secretary of Defense shall issue

interim guidance to the appropriate official or officials within the

Department of Defense for purposes of establishing final standards

of the Department of Defense for determining the fitness of individ-

uals for access to military installations, which shall include modi-

fying volume 3 of the Department of Defense Manual 5200.08

titled ‘‘Physical Security Program: Access to DoD Installations’’

(dated January 2, 2019) or any comparable or successor policy

guidance document.

(b) F

INAL

UIDANCE

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Defense shall issue

final guidance relating to the standards described in subsection

(a).

RIEFING

.—Not later than 60 days after issuing the interim

guidance required under subsection (a), the Secretary of Defense

shall brief the Committees on Armed Services of the Senate and

the House of Representatives on such guidance, which shall include

a timeline for the issuance of such final guidance.

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.

(a) G

RANT

UTHORITY

.—The Secretary of Defense, acting

through the Director of the Office of Local Defense Community

Cooperation, may make a grant (including a supplemental grant)

or enter into a cooperative agreement under section 2391 of title

Contracts.

Deadlines.

10 USC note

prec. 2661.

Deadline.

Modifications.

Requirements.

10 USC note

prec. 2851.

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137 STAT. 763 PUBLIC LAW 118–31—DEC. 22, 2023

10, United States Code, to assist the State of Arkansas provide

security services and fire protection services for the covered prop-

erty.

(b) B

RIEFING

EQUIRED

.—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

that includes—

(1) a summary of the coordination among affected stake-

holders during the period covered by the briefing, including—

(A) the Administrator of the General Services Adminis-

tration;

(B) the National Park Service;

(D) the Mayor of Hot Springs, Arkansas; and

(E) the State Historic Preservation Officer for the State

of Arkansas;

(2) a summary of—

(A) any environmental investigations conducted at the

covered property as of the date of the enactment of this

Act;

(B) the response actions required under any such

environmental investigation;

if any, for any hazardous substance identified under an

environmental investigation described in subparagraph (A);

and

(D) an estimate of the cost to complete environmental

restoration at the covered property;

(3) an estimation of the total cost to—

(A) stabilize each structure on the covered property;

and

(B) demolish each such structure; and

(4) an assessment of necessary steps for the covered prop-

erty to be eligible for a grant under the Arkansas Brownfields

Program and recommendations with respect to such steps.

UTHORIZATION OF

PPROPRIATIONS

.—The Secretary of

Defense may obligate or expend not more than $2,750,000 of the

funds authorized to be appropriated in section 4301 for the Office

of Local Defense Community Operation to carry out subsection

(a).

(d) C

OVERED

ROPERTY

EFINED

.—In this section, the term

‘‘covered property’’ means the approximately twenty-one acres, more

or less, of land located at Hot Springs National Park, Arkansas,

which comprise facilities previously occupied by the Army and Navy

General Hospital conveyed by quitclaim deed to the State of

Arkansas pursuant to the Act of September 21, 1959.

SEC. 2853. PLAN AND REPORT ON CRITICAL INFRASTRUCTURE SYS-

TEMS AT MILITARY INSTALLATIONS.

(a) P

LAN

.—Not later than one year after the date of the enact-

ment of this Act, the Secretary of Defense, in coordination with

each Secretary of a military department, shall submit to the

Committees on Armed Services of the Senate and the House of

Representatives a plan to implement a standardized system to

measure and report on the condition and performance of, the level

of investment in, and any applicable risks to critical infrastructure

systems owned by the Federal Government that—

10 USC 2801

note.

Assessment.

Recommenda-

tions.

Deadline.

Summaries.

Cost estimates.

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137 STAT. 764 PUBLIC LAW 118–31—DEC. 22, 2023

(1) have not been privatized or transferred pursuant to

a conveyance under section 2688 of title 10, United States

Code; and

(2) are located on a military installation (as defined in

section 2801 of such title).

(b) R

EPORT

.—

(1) I

N GENERAL

.—Beginning on February 1 of the year

immediately following the date on which the plan under sub-

section (a) is submitted, and annually thereafter, the Secretary

of Defense, in coordination with each Secretary of a military

department, shall submit to the Committees on Armed Services

of the Senate and the House of Representatives a consolidated

report on the condition of critical infrastructure systems owned

by the Federal Government located at military installations.

(2) E

LEMENTS

.—Each report required by paragraph (1)

shall include the following:

(A) Installation-level data for each critical infrastruc-

ture system described in paragraph (1) that includes the

following for each such system:

(i) For the five-year period preceding the date of

submission of the report, all instances of noncompli-

ance of such system with any applicable Federal or

State law or regulation, including information on any

prior or current consent order or equivalent compliance

agreement with any Federal or State regulatory

agency.

(ii) The year of original installation of critical infra-

structure system components, including treatment

facilities, pump stations, and storage tanks.

(iii) The average age of distribution system piping

and wiring.

(iv) The rate of system recapitalization, rep-

resented as an annual percentage replacement rate

of all critical infrastructure system assets.

(v) For the one-year period preceding the date

of submission of the report, the percentage of key

system operational components (including fire

hydrants, valves, and backflow preventors) inspected

and determined through testing to be fully operational.

(vi) For the one-year period preceding the date

of submission of the report, the absolute number, and

a normalized measure for comparative purposes, of

all unplanned system outages.

(vii) For the one-year period preceding the date

of submission of the report, the absolute duration, and

a normalized measure for comparative purposes, of

all unplanned system outages.

(viii) For the one-year period preceding the date

of submission of the report, the absolute number, and

a normalized measure for comparative purposes, of

all critical infrastructure system main breaks and

leaks.

(B) A standardized risk assessment for each military

installation, identifying the current and projected level of

risk related to the following:

(i) The ability to maintain compliance with

applicable current and proposed State regulations and

Risk assessment.

Time periods.

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137 STAT. 765 PUBLIC LAW 118–31—DEC. 22, 2023

standards and applicable regulations and policies of

the Department of Defense and the military depart-

ments related to each critical infrastructure system

described in paragraph (1), and the ability to operate

critical infrastructure systems in accordance with

accepted industry standards.

(ii) The ability to maintain a consistent and compli-

ant supply of water for current and projected future

installation needs based on current and projected

source water availability and quality, including an

assessment of source water contamination risks for

each critical infrastructure system described in para-

graph (1).

(iii) The ability of each critical infrastructure

system described in paragraph (1) to withstand severe

weather events, including drought, flooding, and

temperature fluctuations.

(iv) The ability for utility industrial controls sys-

tems for each critical infrastructure system described

in paragraph (1) to maintain compliance with

applicable current and proposed cybersecurity stand-

ards and regulations.

(3) F

ORM

.—A report under this subsection shall be sub-

mitted in an unclassified form but may contain a classified

annex.

RITICAL

NFRASTRUCTURE

YSTEM

EFINED

.—In this sec-

tion, the term ‘‘critical infrastructure system’’ includes a transpor-

tation infrastructure system and a utilities infrastructure system.

SEC. 2854. CLOSURE AND DISPOSAL OF THE PUEBLO CHEMICAL

DEPOT, PUEBLO COUNTY, COLORADO.

(a) I

ENERAL

.—The Secretary of the Army shall close Pueblo

Chemical Depot in Pueblo County, Colorado (in this section referred

to as the ‘‘Depot’’), not later than one year after the completion

of the chemical demilitarization mission in such location in accord-

ance with the Chemical Weapons Convention Treaty.

(b) P

ROCEDURES

.—The Secretary of the Army shall carry out

the closure and subsequent related property management and dis-

posal of the Depot, including the land, buildings, structures, infra-

structure, and associated equipment, installed equipment, material,

and personal property that comprise the Chemical Agent-Destruc-

tion Pilot Plant, in accordance with the procedures and authorities

for the closure, management, and disposal of property under the

appropriate base closure laws (as defined in section 101 of title

10, United States Code).

FFICE OF

OCAL

EFENSE

OMMUNITY

OOPERATION

CTIVITIES

.—The Office of Local Defense Community Cooperation

of the Department of Defense may make grants and supplement

other Federal funds pursuant to section 2391 of title 10, United

States Code, to support closure and reuse activities of the Depot.

(d) T

REATMENT OF

XISTING

ERMITS

.—Nothing in this section

shall be construed to prevent the removal or demolition by the

Program Executive Office, Assembled Chemical Weapons Alter-

natives of the Department of the Army of existing buildings, struc-

tures, infrastructure, and associated equipment, installed equip-

ment, material, and personal property of the Chemical Agent-

Destruction Pilot Plant at the Depot in accordance with the existing

Deadline.

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137 STAT. 766 PUBLIC LAW 118–31—DEC. 22, 2023

Hazardous Waste Permit Number CO-20-09-02-01 under the Solid

Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known

as the Resource Conservation and Recovery Act of 1976) issued

by the State of Colorado, or any associated or follow-on permits

under such Act.

(e) R

ELATION TO

ROCEDURES FOR

SE TO

SSIST THE

OME

LESS

.—Such land, buildings, structures, infrastructure, and associ-

ated equipment, installed equipment, material, and personal prop-

erty comprising the Chemical Agent-Destruction Pilot Plant at the

Depot is—

(1) hereby deemed unsuitable for use to assist the homeless;

and

(2) not subject to the procedures relating to the use to

assist the homeless of buildings and property at military

installations under the Defense Base Closure and Realignment

Act of 1990 (part A of title XXIX of Public Law 101–510;

10 U.S.C. 2687 note).

SEC. 2855. LIMITATION ON AUTHORITY TO MODIFY OR RESTRICT

PUBLIC ACCESS TO GREENBURY POINT CONSERVATION

AREA AT NAVAL SUPPORT ACTIVITY ANNAPOLIS, MARY-

LAND.

(a) I

ENERAL

.—Except as provided in subsection (b), the

Secretary of the Navy may not modify or restrict public access

to the Greenbury Point Conservation Area at Naval Support Activity

Annapolis, Maryland.

(b) E

XCEPTIONS

.—The limitation in subsection (a) shall not

apply to—

(1) temporary restrictions to protect public safety that are

necessitated by emergent situations, hazardous conditions,

maintenance of existing facilities, or live fire exercises; or

(2) the terms of a lease or transfer of the Greenbury Point

Conservation Area to another public entity.

SEC. 2856. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO

RESOLVE THE ELECTRICAL UTILITY OPERATIONS AT

FORMER NAVAL AIR STATION BARBERS POINT, HAWAII.

(a) I

ENERAL

.—The Secretary of the Navy (in this section

referred to as the ‘‘Secretary’’) may enter into an agreement with

the State of Hawaii or a third party for the purpose of resolving

the electrical utility operations at Former Naval Air Station Barbers

Point, Hawaii, also known as ‘‘Kalaeloa’’.

(b) E

LEMENTS OF

GREEMENT

.—An agreement entered into

under subsection (a) shall include a requirement that the Sec-

retary—

(1) assist with—

(A) the transfer of customers of the Navy off of the

electrical utility system of the Navy at the location specified

in such subsection; and

(B) the enhancement of the surrounding electrical

utility system to accept any additional load from such

transfer, with a priority for such systems that serve down-

town Kalaeloa, Hawaii, and the Hawaii Army National

Guard;

(2) provide the instantaneous peak demand analysis and

design necessary to conduct such transfer;

Analysis.

Requirements.

Contracts.

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137 STAT. 767 PUBLIC LAW 118–31—DEC. 22, 2023

(3) provide rights of way and easements necessary to sup-

port the construction of replacement electrical infrastructure;

and

(4) be responsible for all environmental assessments and

remediation, and costs related to the removal and disposal,

of the electrical utility system of the Navy once it is no longer

in use.

IMITATION ON

XPENDITURE OF

MOUNTS

.—The Secretary

may expend not more than $48,000,000 during any fiscal year

to provide support for an agreement entered into under subsection

(a).

(d) N

OTIFICATION

.—Not later than 180 days after the date

of the enactment of this Act, and not less frequently than every

180 days thereafter until the date on which an agreement described

in subsection (a) is entered into, the Secretary shall submit to

the congressional defense committees a report on progress made

in developing and entering into an agreement described in sub-

section (a).

(e) R

EPEAL

.—Section 2205 of the Military Construction

Authorization Act for Fiscal Year 2023 (division B of Public Law

117–263; 136 Stat. 2977) is repealed.

SEC. 2857. INCLUSION OF MILITARY INSTALLATION RESILIENCE IN

REAL PROPERTY MANAGEMENT AND INSTALLATION

MASTER PLANNING OF DEPARTMENT.

(a) I

ENERAL

.—Not later than one year after the date of

the enactment of this Act, the Secretary of Defense shall—

(1) update Department of Defense Instruction 4165.70

(relating to real property management) and Unified Facilities

Criteria 2–100–01 (relating to installation master planning)

to—

(A) include a requirement to incorporate the impact

of military installation resilience in all installation master

plans;

(B) include a list of all sources of information approved

by the Department of Defense;

ience hazards to ensure that the impacts from such hazards

are reported consistently across the Department;

(D) require each commander of a military installation

to address the rationale for determining that any such

hazard is not applicable to the military installation con-

cerned;

(E) standardize reporting formats for military installa-

tion resilience plans;

(F) establish and define standardized risk rating cat-

egories for the use by each Secretary of a military depart-

ment; and

(G) define criteria for determining the level of risk

to a military installation to compare hazards between mili-

tary departments; and

(2) require each Secretary of a military department to

update the handbook for the military department concerned

to incorporate the requirements under paragraph (1).

Criteria.

Lists.

Deadline.

Requirements.

Updates.

10 USC 2802

note.

Deadline.

Termination

date.

Assessment.

Costs.

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137 STAT. 768 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2858. MODIFICATION OF AUTHORITY TO RELOCATE JOINT SPEC-

TRUM CENTER TO FORT MEADE, MARYLAND.

Section 2887(a)(1) of the Military Construction Authorization

Act for Fiscal Year 2008 (division B of Public Law 110–181; 122

Stat. 569) is amended by striking ‘‘; and’’ and inserting ‘‘; or’’.

Subtitle E—Land Conveyances

SEC. 2861. EXTENSION OF SUNSET FOR LAND CONVEYANCE, SHARPE

ARMY DEPOT, LATHROP, CALIFORNIA.

Section 2833(g) of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283) is amended by striking ‘‘three years’’ and inserting ‘‘five years’’.

SEC. 2862. CLARIFICATION OF AUTHORITY OF DEPARTMENT OF

DEFENSE TO CONDUCT CERTAIN MILITARY ACTIVITIES

AT NEVADA TEST AND TRAINING RANGE.

(a) S

PECIFICATION OF

UTHORIZED

ILITARY

CTIVITIES

.—Para-

graph (1) of section 3011(b) of the Military Lands Withdrawal

Act of 1999 (title XXX of the National Defense Authorization Act

for Fiscal Year 2000; Public Law 106–65; 113 Stat. 886) is

amended—

(1) in the matter preceding subparagraph (A), by inserting

‘‘, subject to the conditions set forth in subsection (a) of section

3014’’ after ‘‘Secretary of the Air Force’’;

(2) by striking ‘‘and’’ at the end of subparagraph (C);

(3) by redesignating subparagraph (D) as subparagraph

(G); and

(4) by inserting after subparagraph (C) the following new

subparagraphs:

‘‘(D) for emergency response;

‘‘(E) for the establishment and use of existing or new

electronic tracking and communications sites, including the

construction of up to 15 equipment pads, no larger than

150-by-150 feet in size, along existing roads to allow place-

ment and operation of threat emitters;

‘‘(F) for the use and maintenance of roads in existence

as of January 1, 2024, to allow access to threat emitters

and repeaters for installation, maintenance, and periodic

relocation; and’’.

(b) I

NTERAGENCY

OMMITTEE

.—Section 3011(b)(5)(G) of the

Military Lands Withdrawal Act of 1999 (title XXX of the National

Defense Authorization Act for Fiscal Year 2000; Public Law 106–

65) is amended—

(1) by amending clause (i) to read as follows:

‘‘(i) I

N GENERAL

.—The Secretary of the Interior

and the Secretary of the Air Force shall jointly estab-

lish an interagency committee (referred to in this

subparagraph as the ‘interagency committee’) to—

‘‘(I) facilitate coordination, manage public

access needs and requirements, and minimize

potential conflict between the Department of the

Interior and the Department of the Air Force with

respect to joint operating areas within the Desert

National Wildlife Refuge; and

134 Stat. 4351.

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137 STAT. 769 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(II) discuss the activities authorized in para-

graph (1) and provide input to the United States

Fish and Wildlife Service and the Department of

the Air Force when assessing whether these activi-

ties may be conducted on the joint operating areas

within the Desert National Wildlife Refuge that

are under the primary jurisdiction of the Secretary

of the Interior in a manner that is consistent with

the National Wildlife Refuge System Administra-

tion Act (16 U.S.C. 668dd et seq.) and other

applicable law.’’; and

(2) in clause (ii)—

(A) by inserting ‘‘, including a designee of the Director

of the United States Fish and Wildlife Service’’ before the

period at the end of subclause (I); and

(B) by inserting ‘‘, including a designee of the Assistant

Secretary of the Air Force for Energy, Installations, and

Environment’’ before the period at the end of subclause

(II).

DDITIONAL

URPOSE OF

NTERGOVERNMENTAL

XECUTIVE

OMMITTEE

.—Section 3011(b)(5)(H)(ii) of the Military Lands With-

drawal Act of 1999 (title XXX of the National Defense Authorization

Act for Fiscal Year 2000; Public Law 106–65) is amended—

(1) by striking ‘‘and’’ at the end of subclause (I);

(2) by striking the period at the end of subclause (II)

and inserting ‘‘; and’’; and

(3) by adding at the end the following new subclause:

‘‘(III) discussing and making recommendations

to the interagency committee established under

subparagraph (G) with respect to any proposal

by the Secretary of the Air Force to undertake

any of the activities authorized in paragraph (1)

on the joint operating areas within the Desert

National Wildlife Refuge.’’.

(d) C

OMPLETION OF

NTERAGENCY

EMORANDUM OF

NDER

STANDING

.—

(1) D

EADLINE

.—Not later than one year after the date

of the enactment of this Act, the Secretary of the Air Force

and the Secretary of the Interior shall—

(A) enter into a complete new operational memo-

randum of understanding under paragraph (5)(E) of section

3011(b) of the Military Lands Withdrawal Act of 1999

(title XXX of the National Defense Authorization Act for

Fiscal Year 2000; Public Law 106–65); or

(B) amend the current memorandum of understanding

in effect under that paragraph that will complete the

memorandum of understanding.

(2) A

CCESS TO JOINT USE AREA FOR FISH AND WILDLIFE

SERVICE

.—The memorandum of understanding entered into or

amended under paragraph (1) shall include one or more provi-

sions to ensure adequate access for the United States Fish

and Wildlife Service to the joint use area.

(e) B

UREAU OF

AND

ANAGEMENT AND

TATE OF

EVADA

OOPERATIVE

GREEMENT

.—Not later than 180 days after the date

of enactment of this Act, the Secretary of the Interior shall submit

to the Committee on Energy and Natural Resources of the Senate

Reports.

Recommenda-

tions.

134 Stat. 4352.

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137 STAT. 770 PUBLIC LAW 118–31—DEC. 22, 2023

and the Committee on Natural Resources of the House of Represent-

atives a report that describes the status of the cooperative agree-

ment authorized under section 2905(j)(6) of the James M. Inhofe

National Defense Authorization Act for Fiscal Year 2023 (Public

Law 117–263; 136 Stat. 3043).

SEC. 2863. EXTENSIONS, ADDITIONS, AND REVISIONS TO THE MILITARY

LANDS WITHDRAWAL ACT OF 1999 RELATING TO THE

BARRY M. GOLDWATER RANGE, ARIZONA.

(a) E

XTENSION OF

ITHDRAWAL AND

ILA

END

DDITION TO

ARRY

M. G

OLDWATER

ANGE

.—Section 3031(a)(3) of the Military

Lands Withdrawal Act of 1999 (title XXX of Public Law 106–

65; 113 Stat. 898) is amended—

(1) by striking ‘‘comprise approximately 1,650,200 acres’’

and inserting the following: ‘‘comprise—

‘‘(A) approximately 1,656,491.94 acres’’;

(2) by striking ‘‘ ‘Barry M. Goldwater Range Land With-

drawal’, dated June 17, 1999’’ and inserting the following:

‘‘ ‘Barry M. Goldwater Range Requested Withdrawal Extension

Map’, dated June 13, 2022’’; and

(3) by striking ‘‘section 3033.’’ and inserting the following:

‘‘section 3033; and

‘‘(B) approximately 2,365.89 acres of land in Maricopa

County, Arizona, as generally depicted on the map entitled

‘Gila Bend Addition to Barry M. Goldwater Range’, dated

July 5, 2022, and filed in accordance with section 3033.’’.

(b) R

ELATION TO

THER

ITHDRAWALS AND

ESERVATIONS

.—

Section 3031(a) of such Act is amended—

(1) by redesignating paragraphs (4), (5), (6), and (7) as

paragraphs (5), (6), (7), and (8), respectively;

(2) in paragraph (5), as so redesignated, by inserting ‘‘,

whichever is later’’ after ‘‘accepted by the Secretary of the

Interior’’; and

(3) by inserting after paragraph (3) the following:

‘‘(4) R

ELATION TO OTHER WITHDRAWALS AND RESERVA

TIONS

.—

‘‘(A) The prior withdrawals and reservations identified

as Public Land Order Nos. 56 and 97, and Executive Orders

8892, 9104, and 9215, are hereby revoked in their entirety.

‘‘(B) Upon the date of the enactment of this paragraph,

the patented mining claim known as the Legal Tender,

Mineral Survey No. 3445, located in Section 26, Township

15 South, Range 10 West, Gila Salt River Meridian,

Arizona, is hereby transferred from the Secretary of the

Air Force to the Secretary of the Interior, at no cost and

in ‘as-is’ condition, and shall be managed by the United

States Fish and Wildlife Service as a land parcel included

within the Cabeza Prieta National Wildlife Refuge and

in wilderness status as part of the Cabeza Prieta Wilder-

ness.’’.

ENEWAL OF

URRENT

ITHDRAWAL AND

ESERVATION

.—

Section 3031(d) of such Act is amended by striking ‘‘25 years after

the date of the enactment of this Act’’ and inserting ‘‘on October

5, 2049’’.

(d) E

XTENSION

.—Section 3031(e) of such Act is amended—

(1) in the heading, by striking ‘‘I

NITIAL

’’; and

(2) in paragraph (1), by striking ‘‘initial’’.

Transfer

authority.

Revocations.

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137 STAT. 771 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 2864. LAND ACQUISITION, WESTMORELAND STATE PARK, VIR-

GINIA.

(a) A

UTHORITY

.—The Secretary of the Navy may acquire, by

purchase or lease from the Commonwealth of Virginia (in this

section referred to as the ‘‘Commonwealth’’), a real property interest

in approximately 225 square feet of land, including ingress and

egress, at Westmoreland State Park, Virginia, for the purpose of

installing, operating, maintaining, and protecting equipment to sup-

port research and development activities by the Department of

the Navy for national security purposes.

(b) T

ERMS AND

ONDITIONS

.—The acquisition of property under

this section shall be subject to the following terms and conditions:

(1) The Secretary shall pay the Commonwealth fair market

value for the interest to be acquired, as determined by the

Secretary.

(2) Such other terms and conditions considered appropriate

by the Secretary.

ESCRIPTION OF

ROPERTY

.—The legal description of the

property to be acquired under this section shall be determined

by a survey that is satisfactory to the Secretary and the Common-

wealth.

(d) A

PPLICABILITY OF THE

AND AND

ATER

ONSERVATION

UND

.—The provisions of chapter 2003 of title 54, United

States Code, shall not apply to the acquisition of property under

this section.

(e) R

EIMBURSEMENT

.—The Secretary shall reimburse the

Commonwealth for reasonable and documented administrative costs

incurred by the Commonwealth to execute the acquisition by the

Secretary authorized by this section.

(f) T

ERMINATION OF

EAL

ROPERTY

NTEREST

.—The real prop-

erty interest acquired by the Secretary shall terminate, and be

released without cost to the Commonwealth, when the Secretary

determines such real property interest is no longer required for

national security purposes.

SEC. 2865. LAND CONVEYANCE, NAVAL WEAPONS STATION EARLE, NEW

JERSEY.

(a) C

ONVEYANCE

UTHORIZED

.—The Secretary of the Navy may

convey to Colts Neck Township, New Jersey (in this section referred

to as the ‘‘Township’’), all right, title, and interest of the United

States in and to a parcel of real property, including any improve-

ments thereon, consisting of approximately 3.13 acres and currently

used by the Township for school bus parking.

(b) C

ONSIDERATION

.—

(1) C

ONSIDERATION REQUIRED

.—As consideration for the

conveyance under subsection (a), the Township shall pay to

the Secretary of the Navy an amount equal to not less than

the fair market value of the property to be conveyed, as deter-

mined by the Secretary, which may consist of cash payment,

in-kind consideration as described in paragraph (2), or a com-

bination thereof.

(2) I

KIND CONSIDERATION

.—In-kind consideration pro-

vided by the Township under paragraph (1) may include—

(A) the acquisition, construction, provision, improve-

ment, maintenance, repair, or restoration (including

environmental restoration), or a combination thereof, of

Payment.

Determination.

Land survey.

Payment.

Determination.

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137 STAT. 772 PUBLIC LAW 118–31—DEC. 22, 2023

any property, facilities, or infrastructure with proximity

to Naval Weapons Station Earle, New Jersey; or

(B) the delivery of services relating to the needs of

Naval Weapons Station Earle that the Secretary considers

acceptable.

(3) C

ONVEYANCE

.—Cash payments received under sub-

section (b) as consideration for the conveyance under subsection

(a) shall be deposited in the special account in the Treasury

established under section 572(b)(5) of title 40, United States

Code.

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary of the Navy shall

require the Township to cover costs to be incurred by the

Secretary, or to reimburse the Secretary for such costs incurred

by the Secretary, to carry out the conveyance under subsection

(a), including survey costs, costs for environmental documenta-

tion related to the conveyance, and any other administrative

costs related to the conveyance. If amounts are collected from

the Township in advance of the Secretary incurring the actual

costs, and the amount collected exceeds the costs actually

incurred by the Secretary to carry out the conveyance, the

Secretary shall refund the excess amount to the Township.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

as reimbursement under paragraph (1) shall be credited to

the fund or account that was used to cover the costs incurred

by the Secretary in carrying out the land conveyance under

subsection (a) or, if the period of availability of obligations

for that appropriation has expired, to the appropriations of

a fund that is currently available to the Secretary for the

same purpose. Amounts so credited shall be merged with

amounts in such fund or account and shall be available for

the same purposes, and subject to the same conditions and

limitations, as amounts in such fund or account.

(d) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the parcel of real property to be conveyed under

subsection (a) shall be determined by surveys satisfactory to the

Secretary of the Navy.

(e) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary of the

Navy may require such additional terms and conditions in connec-

tion with the conveyance under subsection (a) as the Secretary

considers appropriate to protect the interests of the United States.

SEC. 2866. LAND CONVEYANCE, PAINE FIELD AIR NATIONAL GUARD

STATION, EVERETT, SNOHOMISH COUNTY, WASHINGTON.

(a) C

ONVEYANCE

UTHORIZED

.—The Secretary of the Air Force

(in this section referred to as the ‘‘Secretary’’) may convey to Snoho-

mish County, a political subdivision of the State of Washington

(in this section referred to as the ‘‘County’’) all right, title, and

interest of the United States in and to three parcels of real property,

including any improvements thereon and any related easements,

consisting of approximately 14.23 acres, collectively, located on the

Washington Air National Guard Base at Paine Field, Everett, Wash-

ington, for the purposes of—

(1) removing the property from the boundaries of the Wash-

ington Air National Guard Base and accommodating the oper-

ational needs of the Snohomish County Airport and Paine Field;

and

Determination.

Land survey.

Refund.

Reimbursement.

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137 STAT. 773 PUBLIC LAW 118–31—DEC. 22, 2023

(2) the development of the parcels and buildings for eco-

nomic purposes.

(b) C

ONDITIONS OF

ONVEYANCE

.—The conveyance under sub-

section (a) shall be—

(1) subject to valid existing rights;

(2) subject to the condition that the County accept the

real property, and any improvements thereon, in its condition

at the time of the conveyance (commonly known as a conveyance

‘‘as is’’);

(3) subject to any other terms and conditions as agreed

to by the Secretary and the County; and

(4) subject to any other terms and conditions as the Sec-

retary considers appropriate to protect the interests of the

United States.

ONSIDERATION

.—

(1) C

ONSIDERATION REQUIRED

.—As consideration for the

conveyance under subsection (a), the County shall pay to the

Secretary in cash an amount that is not less than the fair

market value of the right, title, and interest conveyed under

subsection (a), as determined by the Secretary based on an

appraisal of the property.

(2) T

REATMENT OF CONSIDERATION RECEIVED

.—Consider-

ation received by the Secretary under paragraph (1) shall be

deposited in the account in the Treasury established under

section 572(b) of title 40, United States Code, and shall be

available in accordance with paragraph (5)(B)(ii) of such sub-

section.

(d) P

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary may require the

County to cover all costs (except costs for environmental remedi-

ation of the property) to be incurred by the Secretary, or to

reimburse the Secretary for costs incurred by the Secretary,

to carry out the conveyance under subsection (a), including

costs related to real estate due diligence and any other adminis-

trative costs related to the conveyance. If amounts paid by

the County to the Secretary in advance exceed the costs actually

incurred by the Secretary to carry out the conveyance under

subsection (a), the Secretary shall refund the excess amount

to the County.

(2) T

REATMENT OF AMOUNTS RECEIVED

.—Amounts received

under paragraph (1) as reimbursement for costs incurred by

the Secretary to carry out the conveyance under subsection

(a) shall be credited to the fund or account that was used

to cover the costs incurred by the Secretary in carrying out

the conveyance or to an appropriate fund or account currently

available to the Secretary for the purposes for which the costs

were paid. Amounts so credited shall be merged with amounts

in such fund or account and shall be available for the same

purposes, and to the same conditions and limitations, as

amounts in such fund or account.

(e) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary.

SEC. 2867. LAND CONVEYANCE, WETZEL COUNTY MEMORIAL ARMY

RESERVE CENTER, NEW MARTINSVILLE, WEST VIRGINIA.

(a) C

ONVEYANCE

UTHORIZED

.—

Determination.

Land survey.

Refund.

Reimbursement.

Determination.

Appraisal.

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137 STAT. 774 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N GENERAL

.—The Secretary of the Army (in this section

referred to as the ‘‘Secretary’’) may convey to the City of New

Martinsville, West Virginia (in this section referred to as the

‘‘City’’), all right, title, and interest of the United States in

and to a parcel of real property, including any improvements

thereon, consisting of approximately 2.96 acres, known as the

former Wetzel County Memorial Army Reserve Center, located

within the City, for the purpose of providing emergency

management response or law enforcement services.

(2) C

ONTINUATION OF EXISTING EASEMENTS

RESTRICTIONS

AND COVENANTS

.—The conveyance of the property under para-

graph (1) shall be subject to any easement, restriction, or cov-

enant of record applicable to the property and in existence

on the date of the enactment of this Act.

(b) R

EVISIONARY

NTEREST

.—

(1) I

N GENERAL

.—If the Secretary determines at any time

that the property conveyed under subsection (a) is not being

used in accordance with the purpose of the conveyance specified

in such subsection, all right, title, and interest in and to the

property, including any improvements thereto, may, at the

option of the Secretary, revert to and become the property

of the United States, and the United States may have the

right of immediate entry onto such property.

(2) D

ETERMINATION

.—A determination by the Secretary

under paragraph (1) may be made on the record after an

opportunity for a hearing.

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary may require the

City to cover all costs (except costs for environmental remedi-

ation of the property) to be incurred by the Secretary, or to

reimburse the Secretary for costs incurred by the Secretary,

to carry out the conveyance under subsection (a), including

costs for environmental and real estate due diligence and any

other administrative costs related to the conveyance.

(2) R

EFUND OF EXCESS AMOUNTS

.—If amounts are collected

from the City under paragraph (1) in advance of the Secretary

incurring the actual costs, and the amount collected exceeds

the costs actually incurred by the Secretary to carry out the

conveyance under subsection (a), the Secretary shall refund

the excess amount to the City.

(d) L

IMITATION ON

OURCE OF

UNDS

.—The City may not use

Federal funds to cover any portion of the costs required to be

paid by the City under this section.

(e) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary.

(f) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2868. LAND CONVEYANCE, BG J SUMNER JONES ARMY RESERVE

CENTER, WHEELING, WEST VIRGINIA.

(a) C

ONVEYANCE

UTHORIZED

.—

(1) I

N GENERAL

.—The Secretary of the Army (in this section

referred to as the ‘‘Secretary’’) may convey to the City of

Wheeling, West Virginia (in this section referred to as the

Reimbursement.

Determination.

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137 STAT. 775 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘City’’), all right, title, and interest of the United States in

and to a parcel of real property, including any improvements

thereon, consisting of approximately 3.33 acres, known as the

former BG J Sumner Jones Army Reserve Center, located

within the City, for the purpose of providing emergency

management response or law enforcement services.

(2) C

ONTINUATION OF EXISTING EASEMENTS

RESTRICTIONS

AND COVENANTS

.—The conveyance of the property under para-

graph (1) shall be subject to any easement, restriction, or cov-

enant of record applicable to the property and in existence

on the date of the enactment of this Act.

(b) R

EVISIONARY

NTEREST

.—

(1) I

N GENERAL

.—If the Secretary determines at any time

that the property conveyed under subsection (a) is not being

used in accordance with the purpose of the conveyance specified

in such subsection, all right, title, and interest in and to the

property, including any improvements thereto, may, at the

option of the Secretary, revert to and become the property

of the United States, and the United States may have the

right of immediate entry onto such property.

(2) D

ETERMINATION

.—A determination by the Secretary

under paragraph (1) may be made on the record after an

opportunity for a hearing.

AYMENT OF

OSTS OF

ONVEYANCE

.—

(1) P

AYMENT REQUIRED

.—The Secretary may require the

City to cover all costs (except costs for environmental remedi-

ation of the property) to be incurred by the Secretary, or to

reimburse the Secretary for costs incurred by the Secretary,

to carry out the conveyance under subsection (a), including

costs for environmental and real estate due diligence and any

other administrative costs related to the conveyance.

(2) R

EFUND OF EXCESS AMOUNTS

.—If amounts are collected

from the City under paragraph (1) in advance of the Secretary

incurring the actual costs, and the amount collected exceeds

the costs actually incurred by the Secretary to carry out the

conveyance under subsection (a), the Secretary shall refund

the excess amount to the City.

(d) L

IMITATION ON

OURCE OF

UNDS

.—The City may not use

Federal funds to cover any portion of the costs required to be

paid by the City under this section.

(e) D

ESCRIPTION OF

ROPERTY

.—The exact acreage and legal

description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary.

(f) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

Subtitle F—Pilot Programs and Reports

SEC. 2871. MODIFICATION OF PILOT PROGRAM ON INCREASED USE

OF SUSTAINABLE BUILDING MATERIALS IN MILITARY

CONSTRUCTION.

Section 2861 of the National Defense Authorization Act for

Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2802 note) is

amended—

Requirement.

Determination.

Land survey.

Reimbursement.

Determination.

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137 STAT. 776 PUBLIC LAW 118–31—DEC. 22, 2023

(1) in subsection (b)(1), by striking ‘‘at least’’ and all that

follows through the period at the end and inserting ‘‘, under

the pilot program, at least—

‘‘(A) one military construction project for mass timber;

and

‘‘(B) one military construction project for low carbon

concrete.’’;

(2) in subsection (d), by striking ‘‘September 30, 2024’’

and inserting ‘‘September 30, 2025’’;

(3) by redesignating subsections (e) and (f) as subsections

(f) and (g), respectively;

(4) by inserting after subsection (d) the following new sub-

section:

‘‘(e) D

EADLINE FOR

OMMENCEMENT OF

ONSTRUCTION

.—Any

construction pursuant to a military construction project carried

out under the pilot program must commence by not later than

January 1, 2025.’’; and

(5) in subsection (f)(1) (as so redesignated), by striking

‘‘December 31, 2024’’ and inserting ‘‘December 31, 2025’’.

SEC. 2872. MODIFICATION OF PILOT PROGRAM ON ESTABLISHMENT

OF ACCOUNT FOR REIMBURSEMENT FOR USE OF TESTING

FACILITIES AT INSTALLATIONS OF THE DEPARTMENT OF

THE AIR FORCE.

(a) I

ENERAL

.—Section 2862 of the Military Construction

Authorization Act for Fiscal Year 2022 (division B of Public Law

117–81; 10 U.S.C. 9771 note prec.) is amended—

(1) in subsection (a), by striking ‘‘testing’’ and inserting

‘‘Major Range and Test Facility Base’’;

(2) in subsection (b), by inserting ‘‘, have Major Range

and Test Facility Base facilities,’’ after ‘‘construct’’;

(3) by amending subsection (c) to read as follows:

‘‘(c) O

VERSIGHT OF

UNDS

.—

‘‘(1) U

SE OF AMOUNTS

.—The commander of an installation

selected to participate in the pilot program may obligate or

expend amounts reimbursed under the pilot program for

projects at the installation.

‘‘(2) D

ESIGNATION OF MAINTENANCE COSTS

.—

‘‘(A) I

N GENERAL

.—The commander of an installation

selected to participate in the pilot program may designate

the appropriate amount of maintenance cost reimburse-

ments to be charged to users of Major Range and Test

Facility Base facilities under the pilot program.

‘‘(B) U

SE OF MAINTENANCE COST REIMBURSEMENTS

.—

Maintenance cost reimbursements under subparagraph (A)

for an installation may be used either solely or in combina-

tion with funds otherwise made available to satisfy the

costs of maintenance projects at the installation.

‘‘(3) O

VERSIGHT

.—The commander of an installation

selected to participate in the pilot program shall have direct

oversight over amounts reimbursed to the installation under

the pilot program for Facility, Sustainment, Restoration, and

Modernization.’’;

(4) by redesignating subsection (e) as subsection (f);

(5) by inserting after subsection (d) the following new sub-

section:

Reimbursement.

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137 STAT. 777 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(e) T

REATMENT OF

EIMBURSEMENTS

.—Funds otherwise made

available to participants in the pilot program may not be reduced

by amounts reimbursed under the pilot program for Facility,

Sustainment, Restoration, and Modernization.’’; and

(6) in subsection (f), as redesignated by paragraph (2),

by striking ‘‘December 1, 2026’’ and inserting ‘‘December 1,

2027’’.

(b) C

LERICAL

MENDMENT

.—The heading for such section 2862

is amended to read as follows:

‘‘SEC. 2862. PILOT PROGRAM TO AUGMENT SUSTAINMENT WITH

MAINTENANCE COST REIMBURSEMENTS FROM MAJOR

RANGE AND TEST FACILITY BASE USERS AT INSTALLA-

TIONS OF THE DEPARTMENT OF THE AIR FORCE.’’.

SEC. 2873. PILOT PROGRAM TO PROVIDE AIR PURIFICATION TECH-

NOLOGY IN COVERED MILITARY HOUSING.

(a) I

ENERAL

.—The Secretary of Defense may carry out a

pilot program to—

(1) provide commercially available off-the-shelf items (as

defined in section 104 of title 41, United States Code) for

air purification and covered sensors to landlords; and

(2) monitor and measure the effect of such items on the

environmental health and public health of tenants of covered

military housing.

(b) S

ELECTION OF

NSTALLATIONS

.—

(1) I

N GENERAL

.—The Secretary of the Army, the Secretary

of the Navy, and the Secretary of the Air Force shall each

select one military installation under the jurisdiction of such

Secretary to carry out any pilot program carried out under

this section.

(2) C

ONSIDERATIONS

.—Each Secretary shall ensure that the

military installation selected under this section contains mili-

tary unaccompanied housing in which the items described in

subsection (a) may be used.

EVICES

.—An air purification item or a covered sensor pro-

vided under this section shall use technology proven to reduce

indoor air risks and yield measurable environmental health and

public health outcomes.

(d) B

RIEFING

.—Not later than 365 days after the date on which

a pilot program is commenced under this section, the Secretary

of the Army, the Secretary of the Navy, and the Secretary of

the Air Force shall each provide to the Committees on Armed

Services of the House of Representatives and the Senate a briefing

on the pilot program established under this section, including a

description of the items described in subsection (a) used under

such program. The briefing shall include—

(1) a description of any cost savings identified from use

of such items relating to—

(A) extending the durability and habitability of covered

military housing; and

(B) reducing maintenance frequency; and

(2) with respect to cost savings identified in paragraph

(1), a plan to expand the use of covered sensors and air purifi-

cation items in newly constructed covered military housing.

(e) D

EFINITIONS

.—In this section:

(1) The term ‘‘covered sensor’’ means a commercially avail-

able off-the-shelf item (as defined in section 104 of title 41,

Deadline.

10 USC 2821

note.

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137 STAT. 778 PUBLIC LAW 118–31—DEC. 22, 2023

United States Code) manufactured in the United States that

detects the conditions for potential mold growth before mold

is present.

(2) The term ‘‘covered military housing’’ means—

(A) military unaccompanied housing; and

(B) Government-owned units of military housing.

(3) The term ‘‘military unaccompanied housing’’ has the

meaning given in section 2871 of title 10, United States Code.

SEC. 2874. JOINT HOUSING REQUIREMENTS AND MARKET ANALYSIS

FOR CERTAIN MILITARY INSTALLATIONS IN HAWAII.

(a) I

ENERAL

.—The Secretary of Defense, in consultation

with appropriate Federal, State, and local stakeholders (to the

maximum extent practicable) shall conduct a joint Housing Require-

ments and Market Analysis for each covered military installation.

(b) D

EADLINE

.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report on each joint Housing Require-

ments and Market Analysis conducted under subsection (a) that

includes—

(1) an analysis of the extent to which military installations

in Hawaii have affected the availability of housing in commu-

nities in proximity to such military installations;

(2) the number of members of the Armed Forces and their

dependents residing in privately-owned housing located outside

of such military installations;

(3) a cost-benefit analysis of implementing a requirement

for each member of the Armed Forces assigned to a duty

station in Hawaii to reside in housing located on the military

installation to which such member is assigned;

(4) an assessment of strategies to reduce the effect of

members of the Armed Forces and dependents of such members

on the availability of rental housing in such communities,

including strategies to provide such members and dependents

with alternative housing options;

(5) the optimal stock and occupancy rate of military housing

units in Hawaii, as determined by the Secretary;

(6) an estimate of the cost to the United States to maintain

such optimal stock and occupancy rate;

(7) an assessment of the feasibility of expanding housing

located on military installations in Hawaii to create housing

intended to be occupied by civilian employees and contractors

of the Department of Defense;

(8) an identification of limitations and challenges, if any,

to data collection and analysis in carrying out such joint

Housing Requirements and Market Analysis;

(9) strategies to—

(A) address such limitations and challenges; and

(B) standardize methods of data collection and analysis

for conducting a Housing Requirements and Market Anal-

ysis under section 2837 of title 10, United States Code;

and

(10) other relevant information, as determined by the Sec-

retary.

EFINITIONS

.—In this section:

(1) The term ‘‘covered military installation’’ means a mili-

tary installation in Hawaii for which a Housing Requirements

Strategies.

Assessment.

Cost estimates.

Determination.

Assessment.

Strategies.

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137 STAT. 779 PUBLIC LAW 118–31—DEC. 22, 2023

and Market Analysis has not been conducted during the three-

year period preceding the date of the enactment of this Act.

(2) The term ‘‘Housing Requirements and Market Analysis’’

has the meaning given such term in section 2837 of title 10,

United States Code.

(3) The term ‘‘military installation’’ has the meaning given

such term in section 2801 of such title.

SEC. 2875. QUARTERLY BRIEFINGS ON MILITARY CONSTRUCTION

RELATED TO THE SENTINEL INTERCONTINENTAL BAL-

LISTIC MISSILE WEAPON SYSTEM PROGRAM.

(a) B

RIEFING

EQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, and every 90 days thereafter

until the date that is five years after the date of the enactment

of this Act, the Secretary of the Air Force shall provide to the

Committees on Armed Services of the House of Representatives

and the Senate a briefing on contracts for covered construction

projects relating to the Sentinel intercontinental ballistic missile

weapon system program.

(b) E

LEMENTS

.—These briefings shall include at a minimum

the following information:

(1) An update on the Sentinel intercontinental ballistic

missile weapon system program, including delays that may

affect the timelines for covered construction projects.

(2) An update on timelines and costs for covered construc-

tion projects, including details on land acquisitions for such

projects.

(3) An update on any site surveys conducted at the site

for performance of the covered construction project, including

new information about site conditions that may impact future

contracts for covered construction projects.

(4) With respect to any contract or subcontract (at any

tier) for a covered construction project that is not a fixed-

price contract, a description of the location of performance

for such contract or subcontract.

(5) With respect to any contract or subcontract (at any

tier) for a covered construction project that is a cost-plus-

incentive-fee contract, a description of the following for perform-

ance of the contract or subcontract:

(A) The target cost.

(B) The target incentive fee.

amounts.

(D) A description of the incentive fee adjustment for-

mula (including allowable costs).

(E) A description of the incentive fee structure.

(F) An analysis of any change to the elements in sub-

paragraphs (A) through (E) since the previous quarter.

(6) A summary of Government actions to mitigate cost

growth of covered construction projects.

(7) A review of conditions observed at the site for perform-

ance of the covered construction project contract during the

previous quarter and how those conditions may impact the

cost of such contract and subsequent contracts for covered

construction projects at such site.

(8) The most recent construction schedule, including any

anticipated delays and mitigation measures for each such delay,

Schedule.

Review.

Summary.

Analysis.

Update.

Surveys.

Update.

Timelines.

Costs.

Update.

Deadline.

Termination

date.

Time period.

Contracts.

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137 STAT. 780 PUBLIC LAW 118–31—DEC. 22, 2023

requests for equitable adjustment, and any changes to the

schedule since the previous quarter.

(9) An update on the estimated cost to complete the covered

construction project.

(10) A summary of any factors that may cause delay to

the completion of the covered construction project or cost growth

for such project, including workforce shortages, regulatory

review timelines, and supply chain shortages.

(11) Any required changes to statute or regulation,

including any changes to the future-years defense program

submitted under section 221 of title 10, United States Code,

relating to the covered construction project.

OVERED

ONSTRUCTION

ROJECT

EFINED

.—In this section,

the term ‘‘covered construction project’’ means a below-ground mili-

tary construction project or other infrastructure project in connec-

tion with the development and fielding of the Sentinel interconti-

nental 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.

(a) A

RMY

.—Section 7540(b) of title 10, United States Code,

is amended by striking ‘‘6 percent’’ and inserting ‘‘10 percent’’.

(b) N

AVY

.—Section 8612(b) of such title is amended by striking

‘‘6 percent’’ and inserting ‘‘10 percent’’.

ORCE

.—Section 9540(b) of such title is amended by

striking ‘‘6 percent’’ and inserting ‘‘10 percent’’.

SEC. 2882. DEVELOPMENT AND OPERATION OF MARINE CORPS HERIT-

AGE CENTER AND NATIONAL MUSEUM OF THE MARINE

CORPS.

(a) I

ENERAL

.—Chapter 861 of title 10, United States Code,

is amended by inserting after section 8617 the following new section:

‘‘§ 8618. Marine Corps Heritage Center and National Museum

of the Marine Corps at Marine Corps Base,

Quantico, Virginia

‘‘(a) J

OINT

ENTURE FOR

EVELOPMENT AND

ONTINUED

AINTENANCE AND

PERATION

.—The Secretary of the Navy may

enter into a joint venture with the Marine Corps Heritage Founda-

tion (in this section referred to as the ‘Foundation’), a not-for-

profit entity, for the design, construction, and maintenance and

operation of a multipurpose facility to be used for historical displays

for public viewing, curation, and storage of artifacts, research facili-

ties, classrooms, offices, and associated activities consistent with

the mission of the Marine Corps University. The facility shall

be known as the Marine Corps Heritage Center and the National

Museum of the Marine Corps.

‘‘(b) D

ESIGN AND

ONSTRUCTION

.—For each phase of develop-

ment of the facility described in subsection (a), the Secretary may—

‘‘(1) permit the Foundation to contract for the design,

construction, or both of such phase of development; or

‘‘(2) accept funds from the Foundation for the design,

construction, or both of such phase of development.

10 USC 8618.

10 USC

prec. 8604.

Summary.

Update.

Cost estimates.

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137 STAT. 781 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(c) A

CCEPTANCE

UTHORITY

.—Upon completion of construction

of any phase of development of the facility described in subsection

(a) by the Foundation to the satisfaction of the Secretary, and

the satisfaction of any financial obligations incident thereto by

the Foundation, the facility shall become the real property of the

Department of the Navy with all right, title, and interest in and

to facility being in the United States.

‘‘(d) M

AINTENANCE

, O

PERATION

AND

UPPORT

.—(1) The Sec-

retary may, for the purpose of maintenance and operation of the

Marine Corps Heritage Center and the National Museum of the

Marine Corps—

‘‘(A) enter into contracts or cooperative agreements, on

a sole-source basis, with the Foundation for the procurement

of property or services for the direct benefit or use of the

Marine Corps Heritage Center and the National Museum of

the Marine Corps; and

‘‘(B) notwithstanding the requirements of subsection (h)

of section 2667 of this title and under such terms and conditions

as the Secretary considers appropriate for the joint venture

authorized by subsection (a), lease in accordance with such

section 2667 portions of the facility developed under subsection

(a) to the Foundation for use in generating revenue for activities

of the facility and for such administrative purposes as may

be necessary for support of the facility.

‘‘(2) In making a determination of fair market value under

section 2667(b)(4) of this title for payment of consideration pursuant

to a lease described in paragraph (1)(B), the Secretary may consider

the entirety of the educational efforts of the Foundation, support

to the Marine Corps Heritage Center history division by the Founda-

tion, or the funding of museum programs and exhibits by the

Foundation, or other support related to the Marine Corps Heritage

Center and the National Museum of the Marine Corps, in addition

to the types of in-kind consideration provided under section 2667(c)

of this title.

‘‘(3) The Secretary may authorize the Foundation to use real

or personal property within the Marine Corps Heritage Center

and National Museum of the Marine Corps to conduct additional

revenue-generating activities, as the Secretary considers appro-

priate considering the work of the Foundation and needs of the

Marine Corps Heritage Center and National Museum of the Marine

Corps. The Secretary shall only authorize the use of such property

for a revenue-generating activity if the Secretary determines the

activity will not interfere with military activities and personnel

or the activities of the Marine Corps Heritage Center and National

Museum of the Marine Corps.

‘‘(4) The Secretary shall retain lease payments received under

this section, other than in-kind consideration authorized under

paragraph (2) or under section 2667(c) of this title, solely for use

in support of the Marine Corps Heritage Center and the National

Museum of the Marine Corps, and funds received as lease payments

shall remain available until expended.

‘‘(e) A

UTHORITY TO

CCEPT

IFTS

.—(1) The Secretary of the

Navy may accept, hold, administer, and spend any gift, devise,

or bequest of real property, personal property, or money made

on the condition that the gift, devise, or bequest be used for the

benefit, or in connection with, the establishment, operation, or

maintenance, of the Marine Corps Heritage Center or the National

Applicability.

Property.

Determination.

Property.

Contracts.

Real property.

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137 STAT. 782 PUBLIC LAW 118–31—DEC. 22, 2023

Museum of the Marine Corps. Section 2601 (other than subsections

(b), (c), and (e)) of this title shall apply to gifts accepted under

this subsection.

‘‘(2) The Secretary may display at the Marine Corps Heritage

Center or the National Museum of the Marine Corps recognition

for an individual or organization that contributes money to a

partner organization, or an individual or organization that contrib-

utes a gift directly to the Navy, for the benefit of the Marine

Corps Heritage Center or the National Museum of the Marine

Corps, whether or not the contribution is subject to the condition

that the recognition be provided. The Secretary shall prescribe

regulations governing the circumstances under which contributor

recognition may be provided, appropriate forms of recognition, and

suitable display standards.

‘‘(3) The Secretary may authorize the sale of donated property

received under paragraph (1). A sale under this paragraph need

not be conducted in accordance with disposal requirements that

would otherwise apply, so long as the sale is conducted at arms-

length and includes an auditable transaction record.

‘‘(4) Any money received under paragraph (1) and any proceeds

from the sale of property under paragraph (3) shall be deposited

into a fund established in the Treasury to support the Marine

Corps Heritage Center and the National Museum of the Marine

Corps.

‘‘(f) A

DDITIONAL

ERMS AND

ONDITIONS

.—The Secretary may

require such additional terms and conditions in connection with

the joint venture authorized by subsection (a) as the Secretary

considers appropriate to protect the interests of the United States.’’.

(b) C

ONFORMING

EPEAL

.—Section 2884 of the Floyd D. Spence

National Defense Authorization Act for Fiscal Year 2001 (Public

Law 106–398) is repealed.

SEC. 2883. TECHNICAL CORRECTIONS.

(a) N

UMU

EWE

PECIAL

ANAGEMENT

REA

.—Section 2902(c)

of the Military Construction Authorization Act for Fiscal Year 2023

(16 U.S.C. 460gggg(c)) is amended by striking ‘‘217,845’’ and

inserting ‘‘209,181’’.

(b) R

EDUCTION OF

MPACT OF

ALLON

ANGE

RAINING

PLEX

ODERNIZATION

.—Section 2995(a)(3)(A) of the Military Land

Withdrawals Act of 2013 (title XXIX of Public Law 113–66) (as

added by section 2901 of the Military Construction Authorization

Act for Fiscal Year 2023 (division B of Public Law 117–263; 136

Stat. 3016)) is amended by inserting ‘‘Gas’’ after ‘‘Basin’’.

SEC. 2884. MODIFICATION OF AUTHORITY OF SECRETARY OF THE

ARMY TO ENTER INTO COOPERATIVE AGREEMENTS

RELATING TO ACCESS AND MANAGEMENT OF AIR FORCE

MEMORIAL.

Section 2863(e) of the Military Construction Authorization Act

for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat.

1332), is amended by striking ‘‘the Foundation’’ and inserting ‘‘non-

Federal Government entities, the Secretary of the Air Force, or

both,’’.

SEC. 2885. DESIGNATION OF NATIONAL MUSEUM OF THE MIGHTY

EIGHTH AIR FORCE.

(a) D

ESIGNATION

.—The National Museum of the Mighty Eighth

Air Force located at 175 Bourne Avenue, Pooler, Georgia (or any

Georgia.

40 USC 8903

note.

Regulations.

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137 STAT. 783 PUBLIC LAW 118–31—DEC. 22, 2023

successor location), is designated as the official National Museum

of the Mighty Eighth Air Force of the United States (referred

to in this section as the ‘‘National Museum’’).

(b) R

ELATION TO

ATIONAL

ARK

YSTEM

.—The National

Museum shall not be included as a unit of the National Park

System.

ULE OF

ONSTRUCTION

.—This section shall not be con-

strued to appropriate, or authorize the appropriation of, Federal

funds for any purpose related to the National Museum.

SEC. 2886. CONTINUING EDUCATION CURRICULUM ON USE OF INNOVA-

TIVE PRODUCTS FOR MILITARY CONSTRUCTION

PROJECTS.

(a) C

URRICULUM

EQUIRED

.—Not later than one year after the

date of the enactment of this Act, the Commander of the Naval

Facilities Systems Engineering Command and the Deputy Com-

manding General for Military and International Operations for

the Army Corps of Engineers, shall establish a joint continuing

education curriculum for the following individuals responsible for

managing military construction projects and planning and design

projects within the Department of Defense:

(1) Project managers.

(2) Program managers.

(3) Design professionals.

(4) Contracting officers.

(5) Representatives of such contracting officers.

(b) E

LEMENTS

.—The curriculum under subsection (a) shall

include training on—

(1) cost estimating and cost control mechanisms, including

analyses of contract types;

(2) standards relating to antiterrorism force protection, lat-

eral wind, seismic activity, and fire performance;

(3) life-cycle sustainability and renewability;

(4) use of innovative building materials (including sustain-

able materials) and innovative construction methods; and

(5) designs to improve the resilience of military installa-

tions.

ROVISION OF

RAINING

; C

URRICULUM

PDATES

.—The Sec-

retary of Defense shall ensure that—

(1) not later than 180 days after the date of the completion

of the curriculum under subsection (a), such curriculum is

made available to the contracting officers and program man-

agers described in such subsection;

(2) by not later than January 1, 2025—

(A) not less than 75 percent of the individuals described

in paragraphs (1) through (5) of such subsection have com-

pleted the continuing education curriculum required under

such subsection in effect as of such date; and

(B) such individuals are provided updated information

on innovative construction techniques on a continuous

basis; and

(3) such curriculum is updated each time an innovative

product or construction method is included in the Unified Facili-

ties Criteria/DoD Building Code (UFC 1–200–01).

(d) R

EPORT

.—Not later than June 1, 2025, the Secretary of

Defense shall submit to Committees on Armed Services of the

House of Representatives and the Senate a report that includes—

Deadlines.

Deadline.

10 USC note

prec. 2001.

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137 STAT. 784 PUBLIC LAW 118–31—DEC. 22, 2023

(1) an update on the status of the curriculum under sub-

section (a); and

(2) a plan for administering such curriculum to the individ-

uals described in paragraphs (1) through (5) of such subsection.

(e) D

EFINITIONS

.—In this section, the terms ‘‘military construc-

tion project’’ and ‘‘military installation’’ have the meanings given

in section 2801 of title 10, United States Code.

SEC. 2887. GUIDANCE ON ENCROACHMENT THAT AFFECTS COVERED

SITES.

(a) G

UIDANCE

EQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, each Secretary of a military

department shall issue guidance to establish—

(1) a process to identify encroachment with respect to a

covered site;

(2) a method to mitigate such encroachment; and

(3) a procedure to certify that such encroachment does

not directly result in a national security risk to the covered

site.

(b) C

ONSIDERATIONS

.—In developing the guidance required by

this section, each Secretary of a military department shall consider

the following:

(1) The process by which a commander or head of a covered

site identifies and reports encroachment with respect to such

covered site.

(2) Methods to track data relating to processes, methods,

and procedures described in subsection (a).

(3) Coordination processes to track and mitigate encroach-

ment—

(A) within each military department; and

(B) between the military departments and the Assist-

ant Secretaries of Defense for Sustainment and Industrial

Base Policy.

OREIGN

NVESTMENT

NCROACHMENT

.—Such guidance shall

include a requirement that if a Secretary of a military department

determines that encroachment described in subsection (a) involves

or may involve foreign investment, such Secretary shall—

(1) report information about encroachment relating to for-

eign investment to the Assistant Secretary of Defense for Indus-

trial Base Policy; and

(2) coordinate with the Assistant Secretary of Defense for

Industrial Base Policy on efforts to mitigate such encroachment

or potential encroachment.

(d) R

EPORT

.—Not later than 180 days after the date on which

the guidance required by subsection (a) is issued, the Assistant

Secretary of Defense for Sustainment, in coordination with the

Secretaries of the military departments, shall submit to the

Committees on Armed Services of the Senate and the House of

Representatives a report on the guidance required by this section,

including—

(1) the extent to which such guidance has been imple-

mented within the Department of Defense;

(2) a description of methods to update any lists of covered

sites; and

(3) an assessment of the procedure described in subsection

(a)(3).

(e) D

EFINITIONS

.—In this section:

Assessment.

Coordination.

Reports.

Requirements.

Determination.

Procedures.

Certification.

Deadline.

10 USC 2684a

note.

Plan.

Update.

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137 STAT. 785 PUBLIC LAW 118–31—DEC. 22, 2023

(1) The term ‘‘covered site’’ means a military installation

or another facility or property of the United States Government.

(2) The term ‘‘encroachment’’ means an activity conducted

within close proximity to a covered site that—

(A) may pose a national security risk to a covered

site;

(B) may affect the operational mission of a covered

site; or

of a covered site.

(3) The term ‘‘military department’’ has the meaning given

such term in section 101 of title 10, United States Code.

(4) The term ‘‘military installation’’ has the meaning given

such term in section 2801 of title 10, United States Code.

SEC. 2888. EXTENSION AND MODIFICATION OF ANNUAL UPDATES TO

MASTER PLANS AND INVESTMENT STRATEGIES FOR

ARMY AMMUNITION PLANTS.

Section 2834(d) of the Military Construction Authorization Act

for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat.

2201) is amended—

(1) in the matter preceding paragraph (1), by striking

‘‘March 31, 2026’’ and inserting ‘‘March 31, 2030’’; and

(2) by adding at the end the following new paragraph:

‘‘(5) A description of any changes to a master plan for

an ammunition production facility made in response to global

events, including pandemics and armed conflicts.’’.

SEC. 2889. LIMITATION ON USE OF FUNDS FOR UNITED STATES SPACE

COMMAND HEADQUARTERS.

None of the funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2024 for the Department

of Defense may be obligated or expended to acquire, construct,

plan, or design a new headquarters building for United States

Space Command until June 30, 2024, when the Inspector General

of the Department of Defense and the Comptroller General of the

United States shall complete reviews of the selection announced

in July of 2023.

SEC. 2890. PLAN FOR USE OF EXCESS CONSTRUCTION MATERIALS ON

SOUTHWEST BORDER.

(a) P

LAN

.—Not later than 75 days after the date of the enact-

ment of this Act, the Secretary of Defense shall submit to Congress

a plan to use, transfer, or donate to States on the southern border

of the United States all covered materials, with prioritization given

to the refurbishment and or maintenance of ports of entry along

the southwest border and construction projects aimed at stopping

illicit human and vehicle traffic along the border of the United

States with Mexico.

(b) E

LEMENTS

.—The plan required by subsection (a) shall

include the following:

(1) A detailed proposal for the disposition of such covered

materials, including a timeline for disposition and the authori-

ties under which such disposition shall occur.

(2) An assessment of the condition of such materials being

stored, including (if applicable) a description of materials that

have depreciated in value, become damaged, or been lost.

Assessment.

Deadline.

10 USC 2576a

note.

Reviews.

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137 STAT. 786 PUBLIC LAW 118–31—DEC. 22, 2023

EQUIREMENTS OF

EQUESTING

TATES

.—Any State

requesting the covered materials made available under this section

must certify, in writing, that the materials it accepts will be exclu-

sively used for the refurbishment or maintenance of ports of entry

along the southwest border or construction projects aimed at stop-

ping illicit human and vehicle traffic along the border of the United

States with Mexico.

(d) E

XECUTION OF

LAN

.—Not later than 100 days after the

date of submission of the plan required by subsection (a), the

Secretary of Defense shall commence execution of such plan until

the date on which the Department of Defense is no longer incurring

any costs to maintain, store, or protect the covered materials.

(e) R

EPORT

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

Congress a report containing the following:

(1) A detailed description of the decision process of the

Secretary to forgo the excess property disposal process of the

Department of Defense and instead pay to store the covered

materials.

(2) A list of entities the Department is paying for use

of their privately owned land to store the covered materials,

with appropriate action taken to protect personally identifiable

information, such as by making the list of entities available

in an annex that is labeled as controlled unclassified informa-

tion.

(3) An explanation of the process through which the Depart-

ment contracted with private landowners to store the covered

materials, including whether there was a competitive con-

tracting process and whether the landowners have instituted

an inventory review system.

(4) A description of any investigations by the Inspector

General of the Department that have been opened related to

storing the covered materials.

(f) D

EFINITIONS

.—In this section, the term ‘‘covered material’’

means all remaining construction materials currently possessed

by the United States Government that were purchased under sec-

tion 2808 and 284 of title 10, United States Code, from fiscal

years 2017 through 2021, including bollards and Nucor tubular

square structural tubes.

DIVISION C—DEPARTMENT OF ENERGY

NATIONAL SECURITY AUTHORIZA-

TIONS 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.

Lists.

Deadline.

Certification.

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137 STAT. 787 PUBLIC LAW 118–31—DEC. 22, 2023

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.

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.

Subtitle A—National Security Programs

and Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated to the Department of Energy for

fiscal year 2024 for the activities of the National Nuclear Security

Administration in carrying out programs as specified in the funding

table in section 4701.

(b) A

UTHORIZATION OF

LANT

ROJECTS

.—From funds

referred to in subsection (a) that are available for carrying out

plant projects, the Secretary of Energy may carry out new plant

projects for the National Nuclear Security Administration as follows:

Project 24–D–513, Z-Pinch Experimental Underground

System Test Bed Facilities Improvement, Nevada National

Security Site, Nye County, Nevada, $80,000,000.

Project 24–D–512, TA–46 Protective Force Facility, Los

Alamos National Laboratory, Los Alamos, New Mexico,

$48,500,000.

Project 24–D–511, Plutonium Production Building, Los

Alamos National Laboratory, Los Alamos, New Mexico,

$48,500,000.

Project 24–D–510, Analytic Gas Laboratory, Pantex Plant,

Panhandle, Texas, $35,000,000.

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137 STAT. 788 PUBLIC LAW 118–31—DEC. 22, 2023

Project 24–D–530, Naval Reactors Facility Medical Science

Complex, Idaho Falls, Idaho, $36,584,000.

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated to the Department of Energy for

fiscal year 2024 for defense environmental cleanup activities in

carrying out programs as specified in the funding table in section

4701.

(b) A

UTHORIZATION OF

LANT

ROJECT

.—From funds

referred to in subsection (a) that are available for carrying out

plant projects, the Secretary of Energy may carry out, for defense

environmental cleanup activities, the following new plant project:

Project 24–D–401, Environmental Restoration Disposal

Facility Super Cell 11 Expansion Project, Hanford Site, Rich-

land, Washington, $1,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Depart-

ment of Energy for fiscal year 2024 for other defense activities

in carrying out programs as specified in the funding table in section

4701.

SEC. 3104. NUCLEAR ENERGY.

Funds are hereby authorized to be appropriated to the Depart-

ment of Energy for fiscal year 2024 for nuclear energy as specified

in the funding table in section 4701.

Subtitle B—Program Authorizations,

Restrictions, and Limitations

SEC. 3111. TRANSFER OF CYBERSECURITY RESPONSIBILITIES TO

ADMINISTRATOR FOR NUCLEAR SECURITY.

The National Nuclear Security Administration Act (50 U.S.C.

2401 et seq.) is amended—

(1) in section 3212(b) (50 U.S.C. 2402(b)), by adding at

the end the following new paragraph:

‘‘(20) Information resources management, including cyber-

security.’’; and

(2) in section 3232(b)(3) (50 U.S.C. 2422(b)(3)), by striking

‘‘and cyber’’.

SEC. 3112. REDESIGNATING DUTIES RELATED TO DEPARTMENTAL

RADIOLOGICAL AND NUCLEAR INCIDENT RESPONSES.

(a) D

EPUTY

DMINISTRATOR FOR

EFENSE

ROGRAMS

.—Section

3214(b) of the National Nuclear Security Administration Act (50

U.S.C. 2404 (b)) is amended by striking paragraph (3).

(b) A

DMINISTRATOR FOR

UCLEAR

ECURITY

.—Section 3212(b)(7)

of the National Nuclear Security Administration Act (50 U.S.C.

2402(b)(7)) is amended by inserting ‘‘and Nuclear Emergency Sup-

port Team capabilities, including all field-deployed and remote tech-

nical support to public health and safety missions, countering

weapons of mass destruction operations, technical and operational

nuclear forensics, and responses to United States nuclear weapon

accidents’’ after ‘‘management’’.

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137 STAT. 789 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 3113. CYBERSECURITY RISK INVENTORY, ASSESSMENT, AND MITI-

GATION WORKING GROUP.

Subtitle A of the National Nuclear Security Administration

Act (50 U.S.C. 2401 et seq.) is amended by adding at the end

the following new section:

‘‘SEC. 3222. CYBERSECURITY RISK INVENTORY, ASSESSMENT, AND

MITIGATION WORKING GROUP.

‘‘(a) E

STABLISHMENT

.—There is in the Administration a working

group, to be known as the ‘Cybersecurity Risk Inventory, Assess-

ment, and Mitigation Working Group’ (referred to in this section

as the ‘working group’).

‘‘(b) M

EMBERSHIP

.—Members of the working group shall

include—

‘‘(1) the Deputy Administrator for Defense Programs;

‘‘(2) the Associate Administrator for Information Manage-

ment and Chief Information Officer; and

‘‘(3) such other personnel of the Administration as are

determined appropriate for inclusion in the working group by

the Chairperson.

‘‘(c) C

HAIRPERSON

.—The Deputy Administrator for Defense Pro-

grams shall serve as the Chairperson of the working group, except

that the Administrator may designate another member of the

working group to serve as Chairperson in lieu of the Deputy

Administrator if the Administrator determines it is appropriate

to do so.

‘‘(d) C

OMPREHENSIVE

TRATEGY

.—The working group shall pre-

pare a comprehensive strategy for inventorying the range of systems

of the Administration that are potentially at risk in the operational

technology and nuclear weapons information technology environ-

ments, assessing the systems at risk based on mission impact,

and implementing risk mitigation actions. Such strategy shall incor-

porate key elements of effective cybersecurity risk management

strategies, as identified by the Government Accountability Office,

including the specification of—

‘‘(1) goals, objectives, activities, and performance measures;

‘‘(2) organizational roles, responsibilities, and coordination;

‘‘(3) resources needed to implement the strategy through

2034; and

‘‘(4) detailed milestones and schedules for completion of

tasks.

‘‘(e) S

UBMISSION TO

ONGRESS

.—

‘‘(1) I

NTERIM BRIEFING

.—Not later than 120 days after the

date of the enactment of this section, the working group shall

provide to the congressional defense committees a briefing on

the plan of the working group to develop the strategy required

under subsection (d).

‘‘(2) C

OMPLETED STRATEGY

.—Not later than April 1, 2025,

the working group shall submit the congressional defense

committees a copy of the completed strategy.

‘‘(f) T

ERMINATION

.—The working group shall terminate on a

date determined by the Administrator that is not earlier than

the date that is five years after the date of the enactment of

this section.’’.

Determination.

Time period.

Records.

Plan.

Deadlines.

50 USC 2412.

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137 STAT. 790 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 3114. MODIFICATION OF AUTHORITY TO ESTABLISH CERTAIN

CONTRACTING, PROGRAM MANAGEMENT, SCIENTIFIC,

ENGINEERING, AND TECHNICAL POSITIONS.

Section 3241 of the National Nuclear Security Administration

Act (50 U.S.C. 2441) is amended by striking ‘‘800’’ and inserting

‘‘1,200’’.

SEC. 3115. CRIMINAL PENALTIES FOR INTERFERENCE WITH THE

TRANSPORT OF SPECIAL NUCLEAR MATERIALS, NUCLEAR

WEAPONS COMPONENTS, OR RESTRICTED DATA.

Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122)

is amended—

(1) by redesignating subsection b. as subsection c.;

(2) by inserting after subsection a. the following new sub-

section:

‘‘b. Whoever knowingly and willfully impedes the passage of

a vehicle of a nuclear materials courier (as defined in section

8331 of title 5, United States Code) engaged in the transport of

any atomic weapon, special nuclear material, atomic weapon compo-

nent, or Restricted Data shall be subject to arrest and imposition

of a criminal fine of not more than $1,000.’’;

(3) in subsection c. (as so redesignated), by striking ‘‘prohib-

ited by subsection a.’’ and inserting ‘‘prohibited by subsections

a. or b.’’; and

(4) by adding at the end the following new subsection:

‘‘d. The Attorney General shall have primary investigative

authority for any violation of this section.’’.

SEC. 3116. PROHIBITION ON EXPANSION OF ADVANCED RECOVERY

AND INTEGRATED EXTRACTION SYSTEM PENDING

ACHIEVEMENT OF 30 PIT-PER-YEAR BASE CAPABILITY.

Section 4219 of the Atomic Energy Defense Act (50 U.S.C.

2538a) is amended by—

(1) redesignating subsection (f) as subsection (g); and

(2) inserting after subsection (e) the following new sub-

section:

‘‘(f) P

ROHIBITION ON

ARIES E

XPANSION

EFORE

CHIEVEMENT

30 P

PER

YEAR

ASE

APABILITY

.—

‘‘(1) I

N GENERAL

.—Until the date on which the Adminis-

trator certifies to the congressional defense committees that

the base capability to produce not less than 30 war reserve

plutonium pits per year has been established at Los Alamos

National Laboratory, the Administrator may not—

‘‘(A) carry out a project to expand the pit disassembly

and processing capability of the spaces at PF–4 occupied

by ARIES as of the date of the enactment of this Act;

‘‘(B) otherwise expand such spaces.

‘‘(2) E

XCEPTIONS

.—Paragraph (1) shall not apply with

respect to—

‘‘(A) ongoing or planned small projects to sustain or

improve the efficiency of plutonium oxide production, pro-

vided that such projects do not expand the spaces at PF–

4 occupied by ARIES as of the date of the enactment

of this Act;

‘‘(B) the planning and design of an additional ARIES

capability at a location other than PF–4; or

Certification.

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137 STAT. 791 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(C) the transfer of the ARIES capability to a location

other than PF–4.

‘‘(3) D

EFINITIONS

.—In this subsection:

‘‘(A) The term ‘ARIES’ means the Advanced Recovery

and Integrated Extraction System method, developed and

piloted at Los Alamos National Laboratory, Los Alamos,

New Mexico, for disassembling surplus defense plutonium

pits and converting the plutonium from such pits into

plutonium oxide.

‘‘(B) The term ‘PF–4’ means the Plutonium Facility

at Technical Area 55 located at Los Alamos National Lab-

oratory, Los Alamos, New Mexico.’’.

SEC. 3117. PLUTONIUM MODERNIZATION PROGRAM MANAGEMENT.

Section 4219 of the Atomic Energy Defense Act (50 U.S.C.

2538a), as amended by section 3116, is further amended by adding

at the end the following new subsection:

‘‘(h) Not later than 570 days after the date of the enactment

of this subsection, the Administrator for Nuclear Security shall

ensure that the plutonium modernization program established by

the Office of Defense Programs of the National Nuclear Security

Administration, or any subsequently developed program designed

to meet the requirements under subsection (a), is managed in

accordance with the best practices for schedule development and

cost estimating of the Government Accountability Office.’’.

SEC. 3118. MODIFICATION OF CERTAIN REQUIREMENTS AND AUTHORI-

TIES RELATING TO THE REMOVAL OR SECURITY OF

FISSILE MATERIALS, RADIOLOGICAL MATERIALS, AND

RELATED EQUIPMENT AT VULNERABLE SITES WORLD-

WIDE.

(a) M

ODIFICATION OF

EPORTING

EQUIREMENTS

.—Section

4306B of the Atomic Energy Defense Act (50 U.S.C. 2569) is

amended—

(1) by striking subsection (d); and

(2) by redesignating subsections (e), (f), and (g) as sub-

sections (d), (e), and (f), respectively.

(b) E

XTENSION OF

UTHORITY TO

CCEPT

ERTAIN

ONTRIBU

TIONS

.—Subsection (e) of such section, as so redesignated by sub-

section (a)(2) of this section, is amended by striking paragraph

(6).

ONFORMING

MENDMENT

.—Section 4309(c)(7) of the Atomic

Energy Defense Act (50 U.S.C. 2575(c)(7)) is amended by striking

‘‘section 3132(f) of the Ronald W. Reagan National Defense

Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(f))’’ and

inserting ‘‘with section 4306B(e)’’.

SEC. 3119. EXTENSION OF BRIEFING AND REPORTING REQUIREMENTS

FOR CERTAIN NATIONAL NUCLEAR SECURITY ADMINIS-

TRATION CONTRACTS.

Section 4807(f)(1) of the Atomic Energy Defense Act (50 U.S.C.

2787(f)(1)) is amended by striking ‘‘2022’’ and inserting ‘‘2032’’.

SEC. 3120. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR

PLANT PROJECTS.

Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C.

2741(2)) is amended—

Deadline.

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137 STAT. 792 PUBLIC LAW 118–31—DEC. 22, 2023

(1) in subparagraph (A), by striking ‘‘subparagraphs (B)

and (C)’’ and inserting ‘‘subparagraph (B)’’;

(2) in subparagraph (B), by striking ‘‘During the period

beginning on the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2023 and ending on November

30, 2025, the’’ and inserting ‘‘The’’; and

(3) by striking subparagraph (C).

SEC. 3121. MODIFICATIONS RELATING TO UNFUNDED PRIORITIES OF

THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

Section 4716 of the Atomic Energy Defense Act (50 U.S.C.

2756) is amended—

(1) in subsection (b)(1)—

(A) in subparagraph (A), by inserting ‘‘or the risk to

be mitigated’’ after ‘‘objectives to be achieved’’; and

(B) in subparagraph (B), by inserting ‘‘or risk mitiga-

tion’’ after ‘‘objectives’’; and

(2) in subsection (c)(2), by striking ‘‘fulfill’’ and inserting

‘‘address’’.

SEC. 3122. LIMITATION ON ESTABLISHING AN ENDURING BIOASSUR-

ANCE PROGRAM WITHIN THE NATIONAL NUCLEAR SECU-

RITY ADMINISTRATION.

(a) I

ENERAL

.—Subtitle B of title XLVIII of the Atomic

Energy Defense Act (50 U.S.C. 2791 et seq.) is amended by adding

at the end the following new section:

‘‘SEC. 4815. LIMITATION ON ESTABLISHING AN ENDURING BIOASSUR-

ANCE PROGRAM WITHIN THE ADMINISTRATION.

‘‘(a) I

ENERAL

.—The Administrator may not establish, admin-

ister, manage, or facilitate a program within the Administration

for the purposes of executing an enduring national security research

and development effort to broaden the role of the Department

of Energy in national biodefense.

‘‘(b) R

ULE OF

ONSTRUCTION

.—The limitation described in sub-

section (a) shall not be interpreted—

‘‘(1) to prohibit the establishment of a bioassurance pro-

gram for the purpose of executing enduring national security

research and development in any component of the Department

of Energy other than the Administration or in any other Federal

agency; or

‘‘(2) to impede the use of resources of the Administration,

including resources provided by a national security laboratory

or a nuclear weapons production facility site, to support the

execution of a bioassurance program, if such support is pro-

vided—

‘‘(A) on a cost-reimbursable basis to an entity that

is not a component of the Department of Energy; and

‘‘(B) in a manner that does not interfere with mission

of such laboratory or facility.’’.

50 USC 2796.

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137 STAT. 793 PUBLIC LAW 118–31—DEC. 22, 2023

(b) C

LERICAL

MENDMENT

.—The table of contents for the

Atomic Energy Defense Act is amended by inserting after the item

relating to section 4814 the following new item:

‘‘Sec. 4815. Limitation on establishing an enduring bioassurance program within

the Administration.’’.

SEC. 3123. MODIFICATION OF REPORTING REQUIREMENTS FOR URA-

NIUM CAPABILITIES REPLACEMENT PROJECT.

Section 3123 of the National Defense Authorization Act for

Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2177) is amended

by striking subsection (g) and inserting the following new sub-

section:

‘‘(g) P

ROGRAM

CCOUNTABILITY

ATRICES AND

GAO A

SSESS

MENTS

.—

‘‘(1) R

EQUIREMENT

.—Concurrent with the submission of the

budget of the President (as submitted to Congress pursuant

to section 1105(a) of title 31, United States Code) for fiscal

year 2025 and each fiscal year thereafter until the termination

date specified in paragraph (4), the Administrator for Nuclear

Security shall submit to the congressional defense committees

and the Comptroller General of the United States the matrices

described in paragraph (2) relating to the project referred to

in subsection (a).

‘‘(2) M

ATRICES DESCRIBED

.—The matrices described in this

subsection are the following:

‘‘(A) T

ECHNOLOGY MATURITY MATRIX

.—A matrix that

identifies key milestones, development events, and specific

performance goals for the development of critical tech-

nologies relating to the project referred to in subsection

(a).

‘‘(B) S

COPE

COST

AND SCHEDULE MATRIX

.—A matrix

that identifies—

‘‘(i) causes of cost growth and schedule slippage,

if any, for the project referred to in subsection (a),

including challenges relating to construction, procure-

ment, and supply chain issues;

‘‘(ii) the impact of such cost and schedule problems

on current and planned weapons modernization efforts;

and

‘‘(iii) the scope, cost, and schedule of activities

funded by the uranium modernization program for the

period of fiscal years 2024 through 2028 as set forth

in the corresponding future-years nuclear security pro-

gram submitted to Congress pursuant to section 2453

of title 10, United States Code.

‘‘(3) GAO

ASSESSMENT

.—Not later than 180 days after

receiving the matrices described in paragraph (2), the Comp-

troller General of the United States shall—

‘‘(A) assess the progress made on the project referred

to in subsection (a); and

‘‘(B) provide to the congressional defense committees

a briefing on the results of that assessment.

‘‘(4) T

ERMINATION

.—The requirements of this subsection

shall terminate on the date that is one year after the date

on which the project referred to in subsection (a) is completed.’’.

Briefing.

Deadline.

Time period.

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137 STAT. 794 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 3124. PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVAL

NUCLEAR FUEL SYSTEMS BASED ON LOW-ENRICHED URA-

NIUM.

None of the funds authorized to be appropriated by this Act

or otherwise made available for the National Nuclear Security

Administration may be obligated or expended to conduct research

or development relating to an advanced naval nuclear fuel system

based on low-enriched uranium.

SEC. 3125. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT

OR RETIRE W76–2 WARHEADS.

(a) P

ROHIBITION

.—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 National Nuclear Secu-

rity Administration may be obligated or expended to reconvert

or retire a W76–2 warhead.

(b) W

AIVER

.—The Administrator for Nuclear Security may

waive the prohibition under subsection (a) if the Administrator,

in consultation with the Secretary of Defense and the Chairman

of the Joint Chiefs of Staff, certifies in writing to the congressional

defense committees that—

(1) Russia and China do not possess naval capabilities

similar to the W76–2 warhead in the active stockpiles of the

respective countries; and

(2) the Department of Defense does not have a valid mili-

tary requirement for the W76–2 warhead.

SEC. 3126. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUB-

MITTAL OF SPEND PLAN FOR DEVELOPMENT OF SEA-

LAUNCHED CRUISE MISSILE WARHEAD.

Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2024 for the Office of

the Administrator for Nuclear Security, not more than 50 percent

may be obligated or expended until the date on which the Adminis-

trator submits to the congressional defense committees the spend

plan for the warhead associated with the sea-launched cruise missile

required by section 1642(d) of the National Defense Authorization

Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2946).

SEC. 3127. DEADLINES FOR COMMENCEMENT OF OPERATIONS OF CER-

TAIN ATOMIC ENERGY REPLACEMENT PROJECTS.

(a) H

IGH

XPLOSIVE

YNTHESIS

, F

ORMULATION

AND

RODUC

TION

ACILITY

.—

(1) D

EADLINE FOR COMMENCEMENT OF OPERATIONS

.—Project

21-D-510, the High Explosive Synthesis, Formulation, and

Production facility, shall commence operations by not later

than December 31, 2034.

(2) A

NNUAL REPORT

.—

(A) I

N GENERAL

.—The Administrator for Nuclear Secu-

rity shall submit to the congressional defense committees,

not later than February 1 of each year until the termination

date specified in subparagraph (B), a report that includes

a comprehensive estimate of the funds necessary, by year,

to achieve the deadline specified in paragraph (1).

(B) T

ERMINATION DATE

.—The termination date speci-

fied in this subparagraph is the date on which the Adminis-

trator determines that the facility referred to in paragraph

(1) has commenced operations.

Certification.

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137 STAT. 795 PUBLIC LAW 118–31—DEC. 22, 2023

(b) T

RITIUM

INISHING

ACILITY

.—

(1) D

EADLINE FOR COMMENCEMENT OF OPERATIONS

.—Project

18-D-650, the Tritium Finishing Facility, shall commence oper-

ations by not later than December 31, 2036.

(2) A

NNUAL REPORT

.—

(A) I

N GENERAL

.—The Administrator for Nuclear Secu-

rity shall submit to the congressional defense committees,

not later than February 1 of each year until the termination

date specified in subparagraph (B), a report that includes

a comprehensive estimate of the funds necessary, by year,

to achieve the deadline specified in paragraph (1).

(B) T

ERMINATION DATE

.—The termination date speci-

fied in this subparagraph is the date on which the Adminis-

trator determines that the facility referred to in paragraph

(1) has commenced operations.

SEC. 3128. INTEGRATED SCHEDULE FOR FUTURE-YEARS NUCLEAR

SECURITY PROGRAM.

(a) I

ENERAL

.—The Administrator for Nuclear Security

shall—

(1) develop and maintain a high-level milestone schedule

document for all covered construction projects that includes

production infrastructure modernization schedules with

weapons modernization programs; and

(2) for each covered construction project included in the

high-level milestone schedule document under paragraph (1),

include in such document an identification and explanation

of the status of any associated integrated master schedule.

(b) I

NCLUSION IN

UTURE

YEARS

UCLEAR

ECURITY

GRAM

.—The milestone schedule document required under subsection

(a) shall be included in the future-years nuclear security program

for fiscal year 2025 and each subsequent fiscal year.

OVERED

ONSTRUCTION

ROJECT

.—In this section, the term

‘‘covered construction project’’ means—

(1) a construction project that is subject to Department

of Energy Order 413.3B, or a successor order; or

(2) a program designated as Enhanced Management A

or B under the Program Execution Instruction of the Office

of Defense Programs of the National Nuclear Security Adminis-

tration.

Subtitle C—Other Matters

SEC. 3131. U.S. NUCLEAR FUEL SECURITY INITIATIVE.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Nuclear

Fuel Security Act of 2023’’.

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the Department should—

(A) support increased domestic production of low-

enriched uranium; and

(B) accelerate efforts to establish a domestic high-

assay, low-enriched uranium enrichment capability; and

(2) if domestic enrichment of high-assay, low-enriched ura-

nium will not be commercially available at the scale needed

in time to meet the needs of the advanced nuclear reactor

Nuclear Fuel

Security Act of

2023.

42 USC 16282.

Definition.

50 USC 2453

note.

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137 STAT. 796 PUBLIC LAW 118–31—DEC. 22, 2023

demonstration projects of the Department, the Secretary shall

consider and implement, as necessary—

(A) all viable options to make high-assay, low-enriched

uranium produced from inventories owned by the Depart-

ment available in a manner that is sufficient to maximize

the potential for the Department to meet the needs and

schedules of advanced nuclear reactor developers, without

impacting existing Department missions, until such time

that commercial enrichment and deconversion capability

for high-assay, low-enriched uranium exists at a scale suffi-

cient to meet future needs; and

(B) all viable options for partnering with countries

that are allies or partners of the United States to meet

those needs and schedules until that time.

BJECTIVES

.—The objectives of this section are—

(1) to support domestic production of low-enriched uranium;

(2) to expeditiously increase domestic production of high-

assay, low-enriched uranium by an annual quantity, and in

such form, determined by the Secretary to be sufficient to

meet the needs of—

(A) advanced nuclear reactor developers; and

(B) the consortium;

(3) to ensure the availability of domestically produced, con-

verted, enriched, deconverted, and reduced uranium in a

quantity determined by the Secretary, in consultation with

U.S. nuclear energy companies, to be sufficient to address a

reasonably anticipated supply disruption;

(4) to address gaps and deficiencies in the domestic produc-

tion, conversion, enrichment, deconversion, and reduction of

uranium by partnering with countries that are allies or partners

of the United States if domestic options are not practicable;

(5) to ensure that, in the event of a supply disruption

in the nuclear fuel market, a reserve of nuclear fuels is available

to serve as a backup supply to support the nuclear nonprolifera-

tion and civil nuclear energy objectives of the Department,

including collaborative research and development activities

with other Federal agencies;

(6) to support enrichment, deconversion, and reduction

technology deployed in the United States; and

(7) to ensure that, until such time that domestic enrichment

and deconversion of high-assay, low-enriched uranium is

commercially available at the scale needed to meet the needs

of advanced nuclear reactor developers, the Secretary considers

and implements, as necessary—

(A) all viable options to make high-assay, low-enriched

uranium produced from inventories owned by the Depart-

ment available in a manner that is sufficient to maximize

the potential for the Department to meet the needs and

schedules of advanced nuclear reactor developers; and

(B) all viable options for partnering with countries

that are allies or partners of the United States to meet

those needs and schedules.

(d) D

EFINITIONS

.—In this section:

(1) A

DVANCED NUCLEAR REACTOR

.—The term ‘‘advanced

nuclear reactor’’ has the meaning given the term in section

951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).

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137 STAT. 797 PUBLIC LAW 118–31—DEC. 22, 2023

(2) A

SSOCIATED ENTITY

.—The term ‘‘associated entity’’

means an entity that—

(A) is owned, controlled, or dominated by—

(i) the government of a country that is an ally

or partner of the United States; or

(ii) an associated individual; or

(B) is organized under the laws of, or otherwise subject

to the jurisdiction of, a country that is an ally or partner

of the United States, including a corporation that is incor-

porated in such a country.

(3) A

SSOCIATED INDIVIDUAL

.—The term ‘‘associated indi-

vidual’’ means an alien who is a national of a country that

is an ally or partner of the United States.

(4) C

ONSORTIUM

.—The term ‘‘consortium’’ means the

consortium established under section 2001(a)(2)(F) of the

Energy Act of 2020 (42 U.S.C. 16281(a)(2)(F)).

(5) D

EPARTMENT

.—The term ‘‘Department’’ means the

Department of Energy.

(6) H

IGH

ASSAY

LOW

ENRICHED URANIUM

;

HALEU

.—The

term ‘‘high-assay, low-enriched uranium’’ or ‘‘HALEU’’ means

high-assay low-enriched uranium (as defined in section 2001(d)

of the Energy Act of 2020 (42 U.S.C. 16281(d))).

(7) L

ENRICHED URANIUM

;

LEU

.—The term ‘‘low-enriched

uranium’’ or ‘‘LEU’’ means each of—

(A) low-enriched uranium (as defined in section 3102

of the USEC Privatization Act (42 U.S.C. 2297h)); and

(B) low-enriched uranium (as defined in section

3112A(a) of that Act (42 U.S.C. 2297h–10a(a))).

(8) P

ROGRAMS

.—The term ‘‘Programs’’ means—

(A) the Nuclear Fuel Security Program established

under subsection (e)(1);

(B) the American Assured Fuel Supply Program of

the Department; and

onstration Projects Program established under subsection

(e)(3).

(9) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of Energy.

(10) U.S.

NUCLEAR ENERGY COMPANY

.—The term ‘‘U.S.

nuclear energy company’’ means a company that—

(A) is organized under the laws of, or otherwise subject

to the jurisdiction of, the United States; and

(B) is involved in the nuclear energy industry.

(e) E

STABLISHMENT AND

XPANSION OF

ROGRAMS

.—The Sec-

retary, consistent with the objectives described in subsection (c),

shall—

(1) establish a program, to be known as the ‘‘Nuclear Fuel

Security Program’’, to increase the quantity of HALEU and,

if determined to be necessary after completion of a market

evaluation, LEU produced by U.S. nuclear energy companies;

(2) expand the American Assured Fuel Supply Program

of the Department to ensure the availability of domestically

produced, converted, enriched, deconverted, and reduced ura-

nium in the event of a supply disruption; and

(3) establish a program, to be known as the ‘‘HALEU

for Advanced Nuclear Reactor Demonstration Projects Pro-

gram’’—

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137 STAT. 798 PUBLIC LAW 118–31—DEC. 22, 2023

(A) to maximize the potential for the Department to

meet the needs and schedules of advanced nuclear reactor

developers until such time that commercial enrichment

and deconversion capability for HALEU exists in the

United States at a scale sufficient to meet future needs;

and

(B) where practicable, to partner with countries that

are allies or partners of the United States to meet those

needs and schedules until that time.

(f) N

UCLEAR

UEL

ECURITY

ROGRAM

.—

(1) I

N GENERAL

.—In carrying out the Nuclear Fuel Security

Program, the Secretary—

(A) shall—

(i) if determined to be necessary or appropriate

based on the completion of a market evaluation, not

later than 90 days after the date of enactment of

this Act, take actions, including cost-shared financial

agreements, milestone-based payments, or other

mechanisms, to support commercial availability of LEU

and to promote diversity of supply in domestic uranium

mining, conversion, enrichment, and deconversion

capacity and technologies, including new capacity,

among U.S. nuclear energy companies;

(ii) not later than 180 days after the date of enact-

ment of this Act, enter into 2 or more contracts with

members of the consortium to begin acquiring not less

than 20 metric tons per year of HALEU by December

31, 2027 (or the earliest operationally feasible date

thereafter), from U.S. nuclear energy companies;

(iii) utilize only uranium produced, converted,

enriched, deconverted, and reduced in—

(I) the United States; or

(II) if domestic options are not practicable,

a country that is an ally or partner of the United

States; and

(iv) to the maximum extent practicable, ensure

that the use of domestic uranium utilized as a result

of that program does not negatively affect the economic

operation of nuclear reactors in the United States;

and

(B)(i) may not make commitments under this sub-

section (including cooperative agreements (used in accord-

ance with section 6305 of title 31, United States Code),

purchase agreements, guarantees, leases, service contracts,

or any other type of commitment) for the purchase or

other acquisition of HALEU or LEU unless—

(I) funds are specifically provided for those pur-

poses in advance in appropriations Acts enacted after

the date of enactment of this Act; or

(II) the commitment is funded entirely by funds

made available to the Secretary from the account

described in subsection (j)(2)(B); and

(ii) may make a commitment described in clause (i)

only—

(I) if the full extent of the anticipated costs stem-

ming from the commitment is recorded as an obligation

at the time that the commitment is made; and

Deadlines.

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137 STAT. 799 PUBLIC LAW 118–31—DEC. 22, 2023

(II) to the extent of that up-front obligation

recorded in full at that time.

(2) C

ONSIDERATIONS

.—In carrying out paragraph (1)(A)(ii),

the Secretary shall consider and, if appropriate, implement—

(A) options to ensure the quickest availability of

commercially enriched HALEU, including—

(i) partnerships between 2 or more commercial

enrichers; and

(ii) utilization of up to 10-percent enriched ura-

nium as feedstock in demonstration-scale or commer-

cial HALEU enrichment facilities;

(B) options to partner with countries that are allies

or partners of the United States to provide LEU and

HALEU for commercial purposes;

(i) enrichment levels;

(ii) output levels to meet demand; and

(iii) fuel forms, including uranium metal and oxide;

and

(D) options—

(i) to replenish, as necessary, Department stock-

piles of uranium that were intended to be downblended

for other purposes, but were instead used in carrying

out activities under the HALEU for Advanced Nuclear

Reactor Demonstration Projects Program;

(ii) to continue supplying HALEU to meet the

needs of the recipients of an award made pursuant

to the funding opportunity announcement of the

Department numbered DE–FOA–0002271 for Pathway

1, Advanced Reactor Demonstrations; and

(iii) to make HALEU available to other advanced

nuclear reactor developers and other end-users.

(3) A

VOIDANCE OF MARKET DISRUPTIONS

.—In carrying out

the Nuclear Fuel Security Program, the Secretary, to the extent

practicable and consistent with the purposes of that program,

shall not disrupt or replace market mechanisms by competing

with U.S. nuclear energy companies.

(g) E

XPANSION OF THE

MERICAN

SSURED

UEL

UPPLY

GRAM

.—The Secretary, in consultation with U.S. nuclear energy

companies, shall—

(1) expand the American Assured Fuel Supply Program

of the Department by merging the operations of the Uranium

Reserve Program of the Department with the American Assured

Fuel Supply Program; and

(2) in carrying out the American Assured Fuel Supply

Program of the Department, as expanded under paragraph

(1)—

(A) maintain, replenish, diversify, or increase the

quantity of uranium made available by that program in

a manner determined by the Secretary to be consistent

with the purposes of that program and the objectives

described in subsection (c);

(B) utilize only uranium produced, converted, enriched,

deconverted, and reduced in—

(i) the United States; or

(ii) if domestic options are not practicable, a

country that is an ally or partner of the United States;

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137 STAT. 800 PUBLIC LAW 118–31—DEC. 22, 2023

Assured Fuel Supply, subject to terms and conditions deter-

mined by the Secretary to be reasonable and appropriate;

(D) refill and expand the supply of uranium in the

American Assured Fuel Supply, including by maintaining

a limited reserve of uranium to address a potential event

in which a domestic or foreign recipient of uranium experi-

ences a supply disruption for which uranium cannot be

obtained through normal market mechanisms or under

normal market conditions; and

(E) take other actions that the Secretary determines

to be necessary or appropriate to address the purposes

of that program and the objectives described in subsection

(c).

(h) HALEU

FOR

DVANCED

UCLEAR

EACTOR

EMONSTRATION

ROJECTS

ROGRAM

.—

(1) A

CTIVITIES

.—On enactment of this Act, the Secretary

shall immediately accelerate and, as necessary, initiate activi-

ties to make available from inventories or stockpiles owned

by the Department and made available to the consortium,

HALEU for use in advanced nuclear reactors that cannot

operate on uranium with lower enrichment levels or on alter-

nate fuels, with priority given to the awards made pursuant

to the funding opportunity announcement of the Department

numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor

Demonstrations, with additional HALEU to be made available

to other advanced nuclear reactor developers, as the Secretary

determines to be appropriate.

(2) Q

UANTITY

.—In carrying out activities under this sub-

section, the Secretary shall consider and implement, as nec-

essary, all viable options to make HALEU available in quan-

tities and forms sufficient to maximize the potential for the

Department to meet the needs and schedules of advanced

nuclear reactor developers, including by seeking to make avail-

able—

(A) by September 30, 2024, not less than 3 metric

tons of HALEU;

(B) by December 31, 2025, not less than an additional

8 metric tons of HALEU; and

10 metric tons of HALEU.

(3) F

ACTORS FOR CONSIDERATION

.—In carrying out activities

under this subsection, the Secretary shall take into consider-

ation—

(A) options for providing HALEU from a stockpile of

uranium owned by the Department, including—

(i) uranium that has been declared excess to

national security needs during or prior to fiscal year

2023;

(ii) uranium that—

(I) directly meets the needs of advanced

nuclear reactor developers; but

(II) has been previously used or fabricated for

another purpose;

(iii) uranium that can meet the needs of advanced

nuclear reactor developers after removing radioactive

or other contaminants that resulted from previous use

Deadlines.

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137 STAT. 801 PUBLIC LAW 118–31—DEC. 22, 2023

or fabrication of the fuel for research, development,

demonstration, or deployment activities of the Depart-

ment, including activities that reduce the environ-

mental liability of the Department by accelerating the

processing of uranium from stockpiles designated as

waste;

(iv) uranium from a high-enriched uranium stock-

pile (excluding stockpiles intended for national security

needs), which can be blended with lower assay uranium

to become HALEU to meet the needs of advanced

nuclear reactor developers; and

(v) uranium from stockpiles intended for other pur-

poses (excluding stockpiles intended for national secu-

rity needs), but for which uranium could be swapped

or replaced in time in such a manner that would not

negatively impact the missions of the Department;

(B) options for expanding, or establishing new, capabili-

ties or infrastructure to support the processing of uranium

from Department inventories;

from HALEU enrichment demonstration projects of the

Department;

(D) options for providing HALEU from domestically

enriched HALEU procured by the Department through a

competitive process pursuant to the Nuclear Fuel Security

Program established under subsection (e)(1);

(E) options to replenish, as needed, Department stock-

piles of uranium made available pursuant to subparagraph

(A) with domestically enriched HALEU procured by the

Department through a competitive process pursuant to the

Nuclear Fuel Security Program established under sub-

section (e)(1); and

(F) options that combine 1 or more of the approaches

described in subparagraphs (A) through (E) to meet the

deadlines described in paragraph (2).

(4) L

IMITATIONS

.—

(A) C

ERTAIN SERVICES

.—The Secretary shall not barter

or otherwise sell or transfer uranium in any form in

exchange for services relating to—

(i) the final disposition of radioactive waste from

uranium that is the subject of a contract for sale,

resale, transfer, or lease under this subsection; or

(ii) environmental cleanup activities.

(B) C

ERTAIN COMMITMENTS

.—In carrying out activities

under this subsection, the Secretary—

(i) may not make commitments under this sub-

section (including cooperative agreements (used in

accordance with section 6305 of title 31, United States

Code), purchase agreements, guarantees, leases,

service contracts, or any other type of commitment)

for the purchase or other acquisition of HALEU or

LEU unless—

(I) funds are specifically provided for those

purposes in advance in appropriations Acts

enacted after the date of enactment of this Act;

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137 STAT. 802 PUBLIC LAW 118–31—DEC. 22, 2023

(II) the commitment is funded entirely by

funds made available to the Secretary from the

account described in subsection (j)(2)(B); and

(ii) may make a commitment described in clause

(i) only—

(I) if the full extent of the anticipated costs

stemming from the commitment is recorded as

an obligation at the time that the commitment

is made; and

(II) to the extent of that up-front obligation

recorded in full at that time.

(5) S

UNSET

.—The authority of the Secretary to carry out

activities under this subsection shall terminate on the earlier

of—

(A) the date on which the Secretary notifies Congress

that the HALEU needs of advanced nuclear reactor devel-

opers can be fully met by commercial HALEU suppliers

in the United States, as determined by the Secretary, in

consultation with U.S. nuclear energy companies; and

(B) September 30, 2034.

(i) D

OMESTIC

OURCING

ONSIDERATIONS

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), the

Secretary may only carry out an activity in connection with

1 or more of the Programs if—

(A) the activity promotes manufacturing in the United

States associated with uranium supply chains; or

(B) the activity relies on resources, materials, or equip-

ment developed or produced—

(i) in the United States; or

(ii) in a country that is an ally or partner of

the United States by—

(I) the government of that country;

(II) an associated entity; or

(III) a U.S. nuclear energy company.

(2) W

AIVER

.—The Secretary may waive the requirements

of paragraph (1) with respect to an activity if the Secretary

determines a waiver to be necessary to achieve 1 or more

of the objectives described in subsection (c).

(j) R

EASONABLE

OMPENSATION

.—

(1) I

N GENERAL

.—In carrying out activities under this sec-

tion, the Secretary shall ensure that any LEU and HALEU

made available by the Secretary under 1 or more of the Pro-

grams is subject to reasonable compensation, taking into

account the fair market value of the LEU or HALEU and

the purposes of this section.

(2) A

VAILABILITY OF CERTAIN FUNDS

.—

(A) I

N GENERAL

.—Notwithstanding section 3302(b) of

title 31, United States Code, revenues received by the

Secretary from the sale or transfer of fuel feed material

acquired by the Secretary pursuant to a contract entered

into under clause (i) or (ii) of subsection (f)(1)(A) shall—

(i) be deposited in the account described in

subparagraph (B);

(ii) be available to the Secretary for carrying out

the purposes of this section, to reduce the need for

further appropriations for those purposes; and

(iii) remain available until expended.

Notification.

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137 STAT. 803 PUBLIC LAW 118–31—DEC. 22, 2023

(B) R

EVOLVING FUND

.—There is established in the

Treasury an account into which the revenues described

in subparagraph (A) shall be—

(i) deposited in accordance with clause (i) of that

subparagraph; and

(ii) made available in accordance with clauses (ii)

and (iii) of that subparagraph.

(k) N

UCLEAR

EGULATORY

OMMISSION

.—The Nuclear Regu-

latory Commission shall prioritize and expedite consideration of

any action related to the Programs to the extent permitted under

the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and related

statutes.

(l) USEC P

RIVATIZATION

.—The requirements of section

3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h–10(d)(2))

shall not apply to activities related to the Programs.

(m) N

ATIONAL

ECURITY

EEDS

.—The Secretary shall only

make available to a member of the consortium under this section

for commercial use or use in a demonstration project material

that the President has determined is not necessary for national

security needs during or prior to fiscal year 2023, subject to the

condition that the material made available shall not include any

material that the Secretary determines to be necessary for the

National Nuclear Security Administration or any critical mission

of the Department.

(n) I

NTERNATIONAL

GREEMENTS

.—This section shall be applied

in a manner consistent with the obligations of the United States

under international agreements.

(o) R

EPORT ON

IVIL

UCLEAR

REDIT

ROGRAM

.—Not later

than 180 days after the date of enactment of this Act, the Secretary

shall submit to the appropriate committees of Congress a report

that identifies the anticipated funding requirements for the civil

nuclear credit program described in section 40323 of the Infrastruc-

ture Investment and Jobs Act (42 U.S.C. 18753), taking into

account—

(1) the zero-emission nuclear power production credit

authorized by section 45U of the Internal Revenue Code of

1986; and

(2) any increased fuel costs associated with the use of

domestic fuel that may arise from the implementation of that

program.

(p) S

UPPLY

HAIN

NFRASTRUCTURE AND

ORKFORCE

APACITY

UILDING

.—

(1) S

UPPLY CHAIN INFRASTRUCTURE

.—Section 10781(b)(1)

of Public Law 117–167 (commonly known as the ‘‘CHIPS and

Science Act of 2022’’) (42 U.S.C. 19351(b)(1)) is amended by

striking ‘‘and demonstration of advanced nuclear reactors’’ and

inserting ‘‘demonstration, and deployment of advanced nuclear

reactors and associated supply chain infrastructure’’.

(2) W

ORKFORCE CAPACITY BUILDING

.—Section 954(b) of the

Energy Policy Act of 2005 (42 U.S.C. 16274(b)) is amended—

(A) in the subsection heading, by striking ‘‘Graduate’’;

(B) by striking ‘‘graduate’’ each place it appears;

leges, trade schools, registered apprenticeship programs,

pre-apprenticeship programs,’’ after ‘‘universities,’’;

(D) in paragraph (3), by striking ‘‘2021 through 2025’’

and inserting ‘‘2023 through 2027’’;

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137 STAT. 804 PUBLIC LAW 118–31—DEC. 22, 2023

(E) by redesignating paragraph (3) as paragraph (4);

and

(F) by inserting after paragraph (2) the following:

‘‘(A) F

OCUS AREAS

.—In carrying out the subprogram

under this subsection, the Secretary may implement

traineeships in focus areas that, in the determination of

the Secretary, are necessary to support the nuclear energy

sector in the United States, including—

‘‘(i) research and development;

‘‘(ii) construction and operation;

‘‘(iii) associated supply chains; and

‘‘(iv) workforce training and retraining to support

transitioning workforces.’’.

SEC. 3132. UPDATED FINANCIAL INTEGRATION POLICY.

Not later than 180 days after the date of the enactment of

this Act, the Administrator for Nuclear Security shall issue an

updated financial integration policy, which shall include the fol-

lowing:

(1) Updated responsibilities for offices of the National

Nuclear Security Administration and requirements for manage-

ment and operating contractors, including contractors at sites

that are not sites of the Administration.

(2) Guidance for how offices of the Administration should

use common financial data, including guidance requiring that

such data be used as the primary source of financial data

by program offices, to the extent practicable.

(3) Processes recommended by the Government Account-

ability Office to improve financial integration efforts of the

Administration, including an internal process to verify how

management and operating contractors crosswalk data from

their systems to the appropriate work breakdown structure

of the Administration and apply common cost element defini-

tions.

(4) Any other matters the Administrator considers appro-

priate.

SEC. 3133. PLAN FOR DOMESTIC ENRICHMENT CAPABILITY TO SATISFY

DEPARTMENT OF DEFENSE URANIUM REQUIREMENTS.

(a) R

EPORT

.—Not later than 120 days after the date of the

enactment of this Act, the Administrator of the National Nuclear

Security Administration shall submit to the congressional defense

committees a report that contains a plan to establish a domestic

enrichment capability sufficient to meet defense requirements for

enriched uranium. Such plan shall include—

(1) a description of defense requirements for enriched ura-

nium expected to be necessary between the date of the enact-

ment of this Act and 2060 to meet the requirements of the

Department of Defense, including quantities, material assay,

and the dates by which new enrichment is required;

(2) key milestones, steps, and policy decisions required

to achieve the domestic uranium enrichment capability;

(3) the dates by which such key milestones are to be

achieved;

(4) a funding profile, broken down by project and sub-

project, for obtaining such capability;

50 USC 2538c

note.

Recommenda-

tions.

Applicability.

Deadline.

50 USC 2452

note.

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137 STAT. 805 PUBLIC LAW 118–31—DEC. 22, 2023

(5) a description of any changes in the requirement of

the Department of Defense for highly enriched uranium due

to AUKUS; and

(6) any other elements or information the Administrator

determines appropriate.

(b) A

NNUAL

ERTIFICATION

EQUIREMENT

.—

(1) I

N GENERAL

.—Not later than February 1 of each year

after the year during which the report required by subsection

(a) is submitted until the date specified in paragraph (2), the

Administrator shall submit to the congressional defense

committees a certification that—

(A) the Administration is in compliance with the plan

and milestones contained in the report; or

(B) the Administration is not in compliance with such

plan or milestones, together with—

(i) a description of the nature of the non-compli-

ance;

(ii) the reasons for the non-compliance; and

(iii) a plan to achieve compliance.

(2) T

ERMINATION DATE

.—No report shall be required under

paragraph (1) after the date on which the Administrator cer-

tifies to the congressional defense committees that the final

key milestone under the plan has been met.

ORM OF

EPORTS

.—The report under subsection (a) and

each annual certification under subsection (b) shall be submitted

in unclassified form, but may include a classified annex.

SEC. 3134. BRIEFINGS ON IMPLEMENTATION OF ENHANCED MISSION

DELIVERY INITIATIVE.

(a) B

RIEFINGS

EQUIRED

.—Concurrent with the submission of

the budget of the President to Congress under section 1105(a)

of title 31, United States Code, for each of fiscal years 2025 through

2029, the Administrator for Nuclear Security, acting through the

Director for Cost Estimating and Program Evaluation, shall provide

to the congressional defense committees a briefing on the status

of the implementation of the 18 principal recommendations and

associated subelements of such recommendations set forth in the

report titled ‘‘Evolving the Nuclear Security Enterprise: A Report

of the Enhanced Mission Delivery Initiative’’, published by the

National Nuclear Security Administration in September 2022.

(b) E

LEMENTS

.—Each briefing required by subsection (a) shall

address—

(1) the status of the implementation of each recommenda-

tion described in subsection (a);

(2) with respect to each recommendation that has been

implemented, whether the outcome of such implementation is

achieving the desired result;

(3) with respect to each recommendation that has not been

implemented, the reason for not implementing such rec-

ommendation;

(4) whether additional legislation is required in order to

implement a recommendation; and

(5) such other matters as the Administrator considers nec-

essary.

Recommenda-

tions.

Deadline.

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137 STAT. 806 PUBLIC LAW 118–31—DEC. 22, 2023

TITLE XXXII—DEFENSE NUCLEAR

FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2024,

$47,230,000 for the operation of the Defense Nuclear Facilities

Safety Board under chapter 21 of the Atomic Energy Act of 1954

(42 U.S.C. 2286 et seq.).

TITLE XXXIV—NAVAL PETROLEUM

RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) A

MOUNT

.—There are hereby authorized to be appropriated

to the Secretary of Energy $13,010,000 for fiscal year 2024 for

the purpose of carrying out activities under chapter 869 of title

10, United States Code, relating to the naval petroleum reserves.

(b) P

ERIOD OF

VAILABILITY

.—Funds appropriated pursuant to

the authorization of appropriations in subsection (a) shall remain

available until expended.

TITLE XXXV—MARITIME

ADMINISTRATION

Subtitle A—Maritime Administration

Sec. 3501. Authorization of appropriations for Maritime Administration.

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.

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137 STAT. 807 PUBLIC LAW 118–31—DEC. 22, 2023

Subtitle A—Maritime Administration

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR MARITIME

ADMINISTRATION.

(a) I

ENERAL

.—There are authorized to be appropriated to

the Department of Transportation for fiscal year 2024, for programs

associated with maintaining the United States Merchant Marine,

the following amounts:

(1) For expenses necessary to support the United States

Merchant Marine Academy, $198,500,000, of which—

(A) $103,500,000 shall be for Academy operations;

(B) $70,000,000 shall be for United States Merchant

Marine Academy capital improvement projects;

repair and equipment; and

(D) $3,000,000 shall be for training, staffing, retention,

recruiting, and contract management for United States

Merchant Marine Academy capital improvement projects.

(2) For expenses necessary to support the State maritime

academies, $66,580,000, of which—

(A) $4,480,000 shall be for the Student Incentive Pay-

ment Program;

(B) $6,000,000 shall be for direct payments for State

maritime academies;

ance;

(D) $8,000,000 shall be for offsetting the costs of

training ship sharing; and

(E) $30,500,000 shall be for maintenance and repair

of State maritime academy training vessels.

(3) For expenses necessary to support the National Security

Multi-Mission Vessel program, including funds for construction

and necessary expenses to construct shoreside infrastructure

to support such vessels, $75,000,000.

(4) For expenses necessary to support Maritime Adminis-

tration operations and programs, $105,573,000, of which—

(A) $15,000,000 shall be for the maritime environ-

mental and technical assistance under section 50307 of

title 46, United States Code;

(B) $15,000,000 shall be for the United States marine

highways program, including to make grants authorized

under section 55601 of title 46, United States Code;

expenses; and

(D) $800,000 shall be for expenses necessary to provide

for National Defense Reserve Fleet resiliency.

(5) For expenses necessary for the disposal of obsolete

vessels in the National Defense Reserve Fleet of the Maritime

Administration, $6,021,000.

(6) For expenses necessary to maintain and preserve a

United States flag merchant marine to serve the national secu-

rity needs of the United States under chapter 531 of title

46, United States Code, $318,000,000.

(7) For expenses necessary for the loan guarantee program

authorized under chapter 537 of title 46, United States Code,

$43,020,000, of which—

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137 STAT. 808 PUBLIC LAW 118–31—DEC. 22, 2023

(A) $40,000,000 may be for the cost (as such term

is defined in section 502(5) of the Federal Credit Reform

Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees under

the program; and

(B) $3,020,000 may be used for administrative expenses

relating to loan guarantee commitments under the pro-

gram.

(8) For expenses necessary to provide assistance to small

shipyards and for maritime training programs authorized under

section 54101 of title 46, United States Code, $30,000,000.

(9) For expenses necessary to implement the port infra-

structure development program, as authorized under section

54301 of title 46, United States Code, $500,000,000, to remain

available until expended, except that no such funds authorized

under this title for this program may be used to provide a

grant to purchase fully automated cargo handling equipment

that is remotely operated or remotely monitored with or without

the exercise of human intervention or control, if the Secretary

of Transportation determines such equipment would result in

a net loss of jobs within a port or port terminal. If such

a determination is made, the data and analysis for such deter-

mination shall be reported to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee

on Transportation and Infrastructure of the House of Rep-

resentatives not later than 3 days after the date of the deter-

mination.

(10) For expenses necessary to implement the development

of a national maritime strategy, as required by section 3542

of the James M. Inhofe National Defense Authorization Act

for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 3094),

$2,000,000, to remain available until expended.

(11) For expenses necessary for the design of a vessel

for the National Defense Reserve Fleet, as required by section

3546 of the James M. Inhofe National Defense Authorization

Act for Fiscal Year 2023 (Public Law 117–263; 46 U.S.C. 57100

note), $6,000,000, to remain available until expended.

(b) S

TUDENT

NCENTIVE

AYMENT

GREEMENTS

.—Section

51509(b) of title 46, United States Code, is amended—

(1) in paragraph (1), by striking ‘‘$8,000’’ and inserting

‘‘$16,000’’; and

(2) in paragraph (2), by striking ‘‘$32,000’’ and inserting

‘‘$64,000’’.

Subtitle B—Maritime Infrastructure

SEC. 3511. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

ELIGIBLE PROJECTS.

Section 54301(a)(3)(A)(ii) of title 46, United States Code, is

amended—

(1) in subclause (III), by striking ‘‘or’’ at the end;

(2) in subclause (IV)(ii), by striking the period and inserting

‘‘; or’’; and

(3) by adding at the end the following new subclause:

‘‘(V) port and port-related infrastructure that

supports seafood and seafood-related businesses,

Data.

Analysis.

Deadline.

Determination.

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137 STAT. 809 PUBLIC LAW 118–31—DEC. 22, 2023

including the loading and unloading of commer-

cially harvested fish and fish products, seafood

processing, cold storage, and other related infra-

structure.’’.

SEC. 3512. ASSISTANCE FOR SMALL INLAND RIVER AND COASTAL

PORTS AND TERMINALS.

(a) I

ENERAL

.—Section 54301(b) of title 46, United States

Code, is amended—

(1) in paragraph (1), by striking ‘‘the findings of which

are acceptable to the Secretary’’;

(2) by redesignating paragraphs (2) through (5) as para-

graphs (4) through (7), respectively; and

(3) by inserting after paragraph (1) the following new para-

graph (2):

‘‘(2) I

NDEPENDENT AUDIT

.—

‘‘(A) I

N GENERAL

.—If an eligible applicant provides data

by an independent audit for purposes of paragraph (1),

the Secretary shall use such data to make a tonnage deter-

mination if the Secretary determines that it is acceptable

to use such data instead of using Corps of Engineers data.

‘‘(B) A

CCEPTABLE USE OF DATA

.—For purposes of

subparagraph (A), an acceptable use of data means that

the Secretary has determined such data is a reasonable

substitute for Army Corps data.

‘‘(C) J

USTIFICATION

.—If the Secretary makes a deter-

mination pursuant to subparagraph (A) that it is not

acceptable to use independent audit data provided by an

eligible applicant, the Secretary shall provide the eligible

applicant with notification of, and justification for, such

determination.

‘‘(3) T

ONNAGE DETERMINATION

.—In making a determination

of the average annual tonnage of cargo using Corps of Engineers

data for purposes of evaluating an application of an eligible

applicant pursuant to paragraph (1), the Secretary shall use

data that is specific to the eligible applicant.’’.

(b) C

ONFORMING

MENDMENT

.—Section 54301(a)(7)(C)(ii) of

title 46, United States Code, is amended by striking ‘‘subsection

(b)(3)(A)(ii)(III)’’ and inserting ‘‘subsection (b)(5)(A)(ii)(III)’’.

SEC. 3513. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM: ELIGI-

BILITY OF SHORE POWER PROJECTS; SELECTION CRI-

TERIA.

(a) E

LIGIBILITY OF

HORE

OWER

ROJECTS

.—

(1) I

N GENERAL

.—In making port infrastructure develop-

ment grants under section 54301 of title 46, United States

Code, for fiscal year 2024, the Secretary of Transportation

shall treat a project described in paragraph (2) as—

(A) having met the requirements of paragraphs (1)

and (6)(A)(i) of section 54301(a) of such title; and

(B) being an eligible project under section 54301(a)(3)

of such title.

(2) P

ROJECT DESCRIBED

.—A project described in this para-

graph is a project to provide shore power at a port that services

both of the following:

(A) Passenger vessels described in section 3507(k) of

title 46, United States Code.

(B) Vessels that move goods or freight.

Determination.

Data.

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137 STAT. 810 PUBLIC LAW 118–31—DEC. 22, 2023

(b) S

ELECTION

RITERIA

.—Section 54301(a)(6) of title 46, United

States Code, is amended—

(1) in subparagraph (A)(ii), by inserting ‘‘(except in the

case of a project described under subparagraph (C))’’ after ‘‘effec-

tive’’;

(2) in subparagraph (B)(ii), by inserting ‘‘(except in the

case of a project described under subparagraph (C))’’ after ‘‘as

applicable’’; and

(3) by adding at the end, the following:

‘‘(C) N

ONCONTIGUOUS STATES AND TERRITORIES

.—The

requirements under subparagraphs (A)(ii) and (B)(ii) shall

not apply in the case of a project described in paragraph

(3) in a noncontiguous State or territory.’’.

SEC. 3514. CODIFICATION OF EXISTING LANGUAGE; TECHNICAL

AMENDMENTS.

(a) P

ORT

NFRASTRUCTURE

EVELOPMENT

ROGRAM

.—

(1) S

TRATEGIC SEAPORTS

.—

(A) I

N GENERAL

.—Section 3505(a)(1) of the National

Defense Authorization Act for Fiscal Year 2014 (Public

Law 113–66; 46 U.S.C. 50302 note) is—

(i) transferred to appear after section

54301(a)(6)(B) of title 46, United States Code;

(ii) redesignated as subparagraph (C); and

(iii) amended by striking ‘‘Under the port infra-

structure development grant program established

under section 50302(c) of title 46, United States Code’’

and inserting ‘‘In selecting projects described in para-

graph (3)’’.

(B) S

TRATEGIC SEAPORT DEFINED

.—Section 3505(a)(2)

of such Act is transferred to appear after section

54301(a)(12)(D) of title 46, United States Code, and redesig-

nated as subparagraph (E).

EPEAL

.—Section 3505(a) of such Act is repealed.

(2) D

ETERMINATION OF EFFECTIVENESS

.—Section

54301(b)(5)(B) of title 46, United States Code, is amended by

striking ‘‘subsection (c)(6)(A)’’ and inserting ‘‘subsection

(a)(6)(A)’’.

(b) T

RANSFER OF

MPROVEMENTS TO

ROCESS FOR

AIVING

AVIGATION AND

NSPECTION

AWS

.—Section 3502(b) of the William

M. (Mac) Thornberry National Defense Authorization Act for Fiscal

Year 2021 is—

(1) amended—

(A) by striking ‘‘For fiscal year 2020 and each subse-

quent fiscal year, the’’ and inserting ‘‘The’’; and

(B) by striking ‘‘section 56101 of title 46, United States

Code,’’ and inserting ‘‘this section’’;

(2) transferred to appear after section 56101(e) of title

46, United States Code; and

(3) redesignated as subsection (f).

HAPTER

NALYSIS

.—The analysis for chapter 503 of title

46, United States Code, is amended in the item relating to section

50308 by striking ‘‘Port development; maritime transportation

system emergency relief program’’ and inserting ‘‘Maritime

transportation system emergency relief program’’.

(d) V

ESSEL

PERATIONS

EVOLVING

UND

.—Section 50301(b)

of title 46, United States Code, is amended by striking ‘‘(50 App.

46 USC

prec. 50301.

46 USC 56101

note.

46 USC 56101

note.

46 USC 50302

note.

46 USC 54301.

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137 STAT. 811 PUBLIC LAW 118–31—DEC. 22, 2023

U.S.C. 1291(a), (c), 1293(c), 1294)’’ and inserting ‘‘(50 U.S.C. 4701(a),

(c), 4703(c), 4704)’’.

(e) M

ARITIME

RANSPORTATION

YSTEM

MERGENCY

ELIEF

ROGRAM

.—Section 50308 of title 46, United States Code, is

amended—

(1) in subsection (a)(2)(B), by striking ‘‘Federal Emergency

Management Administration’’ and inserting ‘‘Federal Emer-

gency Management Agency’’; and

(2) in subsection (j)(4)(A), by striking ‘‘Federal Emergency

Management Administration’’ and inserting ‘‘Federal Emer-

gency Management Agency’’.

(f) M

ARINE

IGHWAYS

.—The analysis for subtitle V of title

46, United States Code, is amended in the item relating to chapter

556 by striking ‘‘SHORT SEA TRANSPORTATION’’ and inserting

‘‘MARINE HIGHWAYS’’.

(g) C

HAPTER

537.—The analysis for chapter 537 of title 46,

United States Code, is amended by striking the item relating to

section 53703 and inserting the following:

‘‘53703. Application and administration.’’.

(h) C

HAPTER

541.—The analysis for chapter 541 of title 46,

United States Code, is amended to read as follows:

‘‘C

HAPTER

541—MISCELLANEOUS

‘‘Sec.

‘‘54101. Assistance for small shipyards.’’.

(i) T

ECHICAL

MENDMENT

.—Section 11328(b) of the James M.

Inhofe National Defense Authorization Act for Fiscal Year 2023

(Public Law 117–263) is amended by striking ‘‘Maritime’’ and

inserting ‘‘Marine’’.

(j) N

ATIONAL

EFENSE

ESERVE

LEET

BSOLETE

ESSEL

.—

(1) D

EFINITION OF OBSOLETE VESSELS

.—Chapter 571 of title

46, United States Code, is amended—

(A) by redesignating section 57111 as section 57110;

and

(B) by adding at the end the following:

‘‘§ 57111. Definition of obsolete vessel

‘‘In this chapter, the term ‘obsolete vessel’ means a vessel

that—

‘‘(1) is or will be in the custody and control of the Maritime

Administration for purposes of disposing of the vessel; and

‘‘(2) has been determined by the Secretary of Transportation

to be of insufficient value, with respect to the programs of

the Maritime Administration, to warrant—

‘‘(A) preserving for future use or spare parts harvesting;

‘‘(B) retaining in the National Defense Reserve Fleet.’’.

(2) N

ATIONAL DEFENSE RESERVE FLEET VESSEL STATUS

.—

Section 57100(g) of title 46, United States Code, is amended

by striking ‘‘of insufficient value to remain in the National

Defense Reserve Fleet’’ and inserting ‘‘an obsolete vessel’’.

(3) P

LACEMENT OF VESSELS IN NATIONAL DEFENSE RESERVE

FLEET

.—Section 57101(b) of title 46, United States Code, is

amended by inserting ‘‘, or section 308704 of title 54’’ before

the period at the end.

(4) D

ISPOSITION OF VESSELS

.—Section 57102 of title 46,

United States Code, is amended—

46 USC 57111.

33 USC 1958.

46 USC

prec. 54101.

46 USC

prec. 53701.

46 USC

prec. 50101.

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137 STAT. 812 PUBLIC LAW 118–31—DEC. 22, 2023

(A) in the heading, by striking ‘‘not worth pre-

serving’’;

(B) in subsection (a), by striking ‘‘owned by the Mari-

time Administration’’ and all that follows through the

period at the end and inserting ‘‘is an obsolete vessel,

the Secretary may dispose of such vessel (by sale or by

purchase of disposal services).’’; and

competitive sealed bids, after an appraisal and due

advertisement’’ and inserting ‘‘on a best value basis’’.

(5) D

ONATION OF VESSELS IN THE NATIONAL DEFENSE

RESERVE FLEET

.—Section 57103 of title 46, United States Code,

is amended—

(A) in the heading, by striking ‘‘nonretention’’; and

(B) in subsection (a), by striking ‘‘of insufficient value

to warrant its further preservation’’.

(6) T

ECHNICAL AND CONFORMING AMENDMENTS

.—The anal-

ysis for chapter 571 of title 46, United States Code, is

amended—

(A) by striking the item relating to section 57102 and

inserting the following:

‘‘Disposition of vessels.’’;

(B) by striking the item relating to section 57103 and

inserting the following:

‘‘Donation of vessels in the National Defense Reserve Fleet.’’;

as the item relating to section 57110; and

(D) by adding at the end the following:

‘‘57111. Definition of obsolete vessel.’’.

(k) D

EEPWATER

ORTS

.—

(1) D

ECLARATION OF POLICY

.—Section 2 of the Deepwater

Port Act of 1974 (33 U.S.C. 1501) is amended—

(A) in subsection (a)—

(i) in the matter preceding paragraph (1), by

striking ‘‘(a) It’’ and all that follows through ‘‘to—

’’ and inserting the following:

‘‘(a) P

URPOSES

.—The purposes of this Act are—’’;

(ii) in each of paragraphs (1) through (6)—

(I) by inserting ‘‘to’’ after the paragraph des-

ignation; and

(II) by indenting the paragraphs appropriately;

(iii) in paragraph (2), by striking ‘‘such ports’’ and

inserting ‘‘deepwater ports’’;

(iv) in paragraph (5)—

(I) by striking ‘‘continental shelf’’ and inserting

‘‘Continental Shelf’’; and

(II) by striking ‘‘attendant thereto’’ and

inserting ‘‘associated with that traffic’’; and

(v) in paragraph (6), by striking ‘‘continental shelf’’

each place it appears and inserting ‘‘Continental Shelf’’;

and

(B) in subsection (b), by striking the subsection des-

ignation and all that follows through ‘‘to affect’’ and

inserting the following:

‘‘(b) E

FFECT OF

.—Nothing in this Act affects’’.

46 USC

prec. 57100.

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137 STAT. 813 PUBLIC LAW 118–31—DEC. 22, 2023

(2) D

EFINITIONS

.—Section 3 of the Deepwater Port Act

of 1974 (33 U.S.C. 1502) is amended—

(A) by striking the section designation and heading

and all that follows through ‘‘the term—’’ in the matter

preceding paragraph (1) and inserting the following:

‘‘SEC. 3. DEFINITIONS.

‘‘In this Act:’’;

(B) in each of paragraphs (1) through (17)—

(i) by inserting ‘‘The term’’ after the paragraph

designation;

(ii) by inserting a paragraph heading, the text

of which comprises the term defined in that paragraph;

and

(iii) by striking the semicolon at the end of the

paragraph and inserting a period;

or (B)’’ and inserting ‘‘subparagraph (A) or (B) of section

5(c)(2)’’;

(D) in each of paragraphs (18) and (19)—

(i) by inserting ‘‘The term’’ after the paragraph

designation; and

(ii) by inserting a paragraph heading, the text

of which comprises the term defined in that paragraph;

and

(E) in paragraph (18), by striking ‘‘; and’’ at the end

and inserting a period.

(3) L

ICENSES FOR OWNERSHIP

CONSTRUCTION

AND OPER

ATION OF DEEPWATER PORTS

.—Section 4 of the Deepwater Port

Act of 1974 (33 U.S.C. 1503) is amended—

(A) in subsection (c)—

(i) in each of paragraphs (1) through (7), by

striking ‘‘he’’ after the paragraph designation and

inserting ‘‘the Secretary’’;

(ii) in paragraph (1), by adding a semicolon at

the end; and

(iii) in paragraph (8)—

(I) by striking ‘‘the adjacent’’ and inserting

‘‘each adjacent’’;

(II) by striking ‘‘of States, pursuant to section

9 of this Act,’’;

(III) by inserting ‘‘the’’ before ‘‘issuance’’; and

(IV) by inserting ‘‘pursuant to section 9(b)(1),

if applicable’’ before ‘‘; and’’;

(B) in subsection (e)—

(i) in paragraph (1), in the second sentence—

(I) by striking ‘‘requirements of this title’’ and

inserting ‘‘requirements of this Act’’;

(II) by striking ‘‘section 10(a) of this title’’ and

inserting ‘‘section 10(a)’’; and

(III) by striking the semicolon and inserting

a comma;

(ii) in paragraph (2)(B), by striking ‘‘he will

comply’’ and inserting ‘‘the licensee or transferee will

comply’’; and

(iii) in paragraph (3)—

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137 STAT. 814 PUBLIC LAW 118–31—DEC. 22, 2023

(I) in the first sentence, by striking ‘‘he deems

necessary to assure’’ and inserting ‘‘the Secretary

determines to be necessary to ensure’’;

(II) in the second sentence, by striking ‘‘he

finds’’ and inserting ‘‘the Secretary finds’’; and

(III) in the third sentence—

(aa) by striking ‘‘he determines’’ and

inserting ‘‘the Secretary determines’’;

(bb) by striking ‘‘(67 Stat. 462)’’ and

inserting ‘‘(43 U.S.C. 1331 et seq.)’’; and

(cc) by striking ‘‘terms’’ and all that fol-

lows through the period at the end and

inserting ‘‘terms of that Act.’’; and

inserting ‘‘this Act’’.

(4) P

ROCEDURE

.—Section 5 of the Deepwater Port Act of

1974 (33 U.S.C. 1504) is amended—

(A) in subsection (c)—

(i) by striking the subsection designation and all

that follows through the end of paragraph (1) and

inserting the following:

‘‘(c) A

PPLICATIONS

.—

‘‘(1) R

EQUIREMENTS

.—

‘‘(A) I

N GENERAL

.—Each person that submits to the

Secretary an application shall include in the application

a detailed plan that contains all information required under

paragraph (2).

‘‘(B) A

CTION BY SECRETARY

.—Not later than 21 days

after the date of receipt of an application, the Secretary

shall—

‘‘(i) determine whether the application contains all

information required under paragraph (2); and

‘‘(ii)(I) if the Secretary determines that such

information is contained in the application, not later

than 5 days after making the determination, publish

in the Federal Register—

‘‘(aa) a notice of the application; and

‘‘(bb) a summary of the plans; or

‘‘(II) if the Secretary determines that all required

information is not contained in the application—

‘‘(aa) notify the applicant of the applicable defi-

ciencies; and

‘‘(bb) take no further action with respect to

the application until those deficiencies have been

remedied.

‘‘(C) A

PPLICABILITY

.—On publication of a notice relating

to an application under subparagraph (B)(ii)(I), the Sec-

retary shall be subject to subsection (f).’’; and

(ii) in paragraph (2)—

(I) by striking ‘‘of this paragraph’’ each place

it appears;

(II) by striking the paragraph designation and

all that follows through ‘‘to—’’ in the matter pre-

ceding subparagraph (A) and inserting the fol-

lowing:

Notification.

Summary.

Notice.

Federal Register,

publication.

Deadlines.

Determinations.

Plan.

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137 STAT. 815 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) I

NCLUSIONS

.—Each application shall include such

financial, technical, and other information as the Secretary

determines to be necessary or appropriate, including—’’; and

(III) by indenting subparagraphs (A) through

(M) appropriately;

(B) in subsection (g), in the last sentence, by striking

‘‘section 5(c) of this Act’’ and inserting ‘‘subsection (c)’’;

(i) by striking ‘‘(h)(1) Each’’ and inserting the fol-

lowing:

‘‘(h) F

EES

.—

‘‘(1) R

EQUIREMENT

.—

‘‘(A) I

N GENERAL

.—Each’’;

(ii) in subparagraph (A) of paragraph (1) (as so

designated), in the second sentence, by striking ‘‘In

addition’’ and inserting the following:

‘‘(B) R

EIMBURSEMENT

.—In addition to a fee under

subparagraph (A)’’; and

(iii) in paragraph (2)—

(I) by striking the last sentence;

(II) by striking ‘‘(2) Notwithstanding’’ and

inserting the following:

‘‘(2) U

SAGE FEES

.—

‘‘(A) D

EFINITION OF DIRECTLY RELATED LAND

BASED

FACILITY

.—In this paragraph, the term ‘directly related

land-based facility’, with respect to a deepwater port

facility, means an onshore tank farm and any pipelines

connecting the tank farm to the deepwater port facility.

‘‘(B) A

UTHORIZATION

.—Notwithstanding’’; and

(III) in subparagraph (B) (as so designated)—

(aa) in the fourth sentence, by striking

‘‘Such fees’’ and inserting the following:

‘‘(E) A

PPROVAL

.—A fee established under this para-

graph’’;

(bb) in the third sentence—

(AA) by striking ‘‘such’’ each place it

appears and inserting ‘‘the applicable’’;

and

(BB) by striking ‘‘Fees under’’ and

inserting the following:

‘‘(D) A

MOUNT

.—The amount of a fee established under’’;

and

(cc) in the second sentence—

(AA) by striking ‘‘such’’ each place it

appears and inserting ‘‘the applicable’’;

and

(BB) by striking ‘‘Fees may be fixed

under authority of this paragraph’’ and

inserting the following:

‘‘(C) T

REATMENT

.—A fee may be established pursuant

to this paragraph’’; and

(iv) in paragraph (3)—

(I) by striking ‘‘Outer’’ and inserting ‘‘outer’’;

and

(II) by striking ‘‘(3) A licensee’’ and inserting

the following:

‘‘(3) R

ENTAL PAYMENT

.—A licensee’’;

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137 STAT. 816 PUBLIC LAW 118–31—DEC. 22, 2023

(D) in subsection (i)—

(i) in paragraph (2)—

(I) in subparagraph (A)—

(aa) by inserting ‘‘First,’’ after the

subparagraph designation; and

(bb) by striking the semicolon at the end

and inserting a period;

(II) in subparagraph (B)—

(aa) by inserting ‘‘Second,’’ after the

subparagraph designation; and

(bb) by striking the semicolon at the end

and inserting a period; and

(III) in subparagraph (C), by inserting ‘‘Third,’’

after the subparagraph designation;

(ii) in paragraph (3)—

(I) in subparagraph (C), by striking ‘‘(C) any’’

and inserting the following:

‘‘(D) Any’’;

(II) in subparagraph (B)—

(aa) by striking ‘‘; and’’ at the end and

inserting a period; and

(bb) by striking ‘‘(B) any’’ and inserting

the following:

‘‘(C) Any’’;

(III) in subparagraph (A)—

(aa) by striking ‘‘section 6 of this Act;’’

and inserting ‘‘section 6.’’; and

(bb) by striking ‘‘(A) the degree’’ and

inserting the following:

‘‘(A) The degree’’; and

(IV) by inserting after subparagraph (A) the

following:

‘‘(B) National security, including an assessment of the

implications for the national security of the United States

or an allied country (as that term is defined in section

2350f(d)(1) of title 10, United States Code) of the United

States.’’; and

(iii) in paragraph (4)—

(I) by striking the second sentence and

inserting the following:

‘‘(B) E

FFECT OF FAILURE TO DETERMINE

.—If the Sec-

retary fails to approve or deny an application for a deep-

water port for natural gas by the applicable deadline under

subparagraph (A), the reporting requirements under para-

graphs (1), (2), and (3) shall not apply to the application.’’;

and

(II) in the matter preceding subparagraph (B)

(as so added), by striking ‘‘(4) The Secretary’’ and

inserting the following:

‘‘(4) A

PPLICATIONS FOR DEEPWATER PORTS FOR NATURAL

GAS

.—

‘‘(A) D

EADLINE FOR DETERMINATION

.—The Secretary’’;

(E) in subsection (j)(1), by striking ‘‘of Transportation’’;

and

(F) by adding at the end the following:

‘‘(k) T

RANSPARENCY IN

SSUANCE OF

ICENSES AND

ERMITS

.—

Assessment.

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137 STAT. 817 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) D

EFINITION OF APPLICABLE DEADLINE

.—In this sub-

section, the term ‘applicable deadline’, with respect to an

applicant, means the deadline or date applicable to the

applicant under any of the following:

‘‘(A) Section 4(c)(6).

‘‘(B) Section 4(d)(3).

‘‘(C) Subsection (c)(1)(B) (including clause (ii)(I) of that

subsection).

‘‘(D) Subsection (d)(3).

‘‘(E) Paragraph (1) or (2) of subsection (e).

‘‘(F) Subsection (g).

‘‘(G) Paragraph (1) or (4)(A) of subsection (i).

‘‘(2) S

USPENSIONS AND DELAYS

.—If the Secretary suspends

or delays an applicable deadline, the Secretary shall submit

to the applicant, and publish in the Federal Register, a written

statement—

‘‘(A) describing the reasons for the suspension or delay;

‘‘(B) describing and requesting any information nec-

essary to issue the applicable license or permit and the

status of applicable license or permit application at the

lead agency and any cooperating agencies; and

‘‘(C) identifying the applicable deadline with respect

to the statement.

‘‘(3) A

PPLICANT RIGHTS TO TECHNICAL ASSISTANCE

.—

‘‘(A) I

N GENERAL

.—An applicant that receives a state-

ment under paragraph (2) may submit to the Secretary

a request for a meeting with appropriate personnel of the

Department of Transportation and representatives of each

cooperating Federal agency, as appropriate, determined by

the Secretary to be relevant with respect to the application,

including such officials as are appropriate, who shall pro-

vide technical assistance, status, process, and timeline

updates and additional information as necessary.

‘‘(B) T

IMING

.—A meeting requested under clause (i)

shall be held not later than 30 days after the date on

which the Secretary receives the request under that clause.

‘‘(4) R

EQUIREMENTS

.—On receipt of a request under para-

graph (3)(A), and not less frequently than once every 30 days

thereafter until the date on which the application process is

no longer suspended or delayed, the Secretary shall submit

a notice of the delay, including a description of the time elapsed

since the applicable deadline and the nature and circumstances

of the applicable suspension or delay, to—

‘‘(A) the Committee on Commerce, Science, and

Transportation of the Senate; and

‘‘(B) the Committee on Transportation and Infrastruc-

ture of the House of Representatives.

‘‘(5) B

RIEFING

.—If the Secretary suspends or delays an

applicable deadline, not later than 120 days after that

applicable deadline, and not less frequently than once every

120 days thereafter until the date on which the application

process is no longer suspended or delayed, the Secretary (or

a designee of the Secretary) shall provide a briefing regarding

the time elapsed since the applicable deadline and the nature

and circumstances of the applicable suspension or delay to—

‘‘(A) the Committee on Commerce, Science, and

Transportation of the Senate; and

Deadline.

Time period.

Updates.

Federal Register,

publication.

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137 STAT. 818 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) the Committee on Transportation and Infrastruc-

ture of the House of Representatives.’’.

(5) R

EVIEW CRITERIA

.—Section 6 of the Deepwater Port

Act of 1974 (33 U.S.C. 1505) is amended—

(A) in subsection (a), by striking ‘‘(a) The Secretary’’

and inserting the following:

‘‘(a) E

STABLISHMENT

.—The Secretary’’;

(B) in subsection (b)—

(i) by striking ‘‘of this section’’; and

(ii) by striking ‘‘(b) The Secretary’’ and inserting

the following:

‘‘(b) R

EVIEW AND

EVISION

.—The Secretary’’; and

(i) by striking ‘‘concurrently with the regulations

in section 5(a) of this Act and in accordance with

the provisions of that subsection’’ and inserting

‘‘concurrently with the regulations promulgated pursu-

ant to section 5(a) and in accordance with that section’’;

and

(ii) by striking ‘‘(c) Criteria’’ and inserting the fol-

lowing:

‘‘(c) R

EQUIREMENT

.—The criteria’’.

(6) A

DJACENT COASTAL STATES

.—Section 9 of the Deepwater

Port Act of 1974 (33 U.S.C. 1508) is amended—

(A) by striking subsection (a) and inserting the fol-

lowing:

‘‘(a) D

ESIGNATION

.—In issuing a notice relating to an application

for a deepwater port under section 5(c)(1)(B)(ii)(I), the Secretary

shall designate as an adjacent coastal State, with respect to the

deepwater port, any coastal State that would be—

‘‘(1) directly connected by pipeline to that deepwater port;

‘‘(2) located within 15 miles of that deepwater port.’’; and

(B) in subsection (b)—

(i) by striking ‘‘(b)(1) Not later than 10 days after

the designation of adjacent coastal States pursuant

to this Act’’ and inserting the following:

‘‘(b) I

NPUT

ROM

DJACENT

OASTAL

TATES AND

THER

NTERESTED

TATES

.—

‘‘(1) S

UBMISSION OF APPLICATIONS TO GOVERNORS FOR

APPROVAL

.—

‘‘(A) I

N GENERAL

.—Not later than 10 days after the

date on which the Secretary designates adjacent coastal

States under subsection (a) with respect to a deepwater

port proposed in an application’’;

(ii) in paragraph (1)(A) (as so designated)—

(I) in the fourth sentence, by striking ‘‘If the

Governor’’ and inserting the following:

‘‘(D) I

NCONSISTENCY WITH CERTAIN STATE PROGRAMS

.—

If the Governor of an adjacent coastal State’’;

(II) in the third sentence, by striking ‘‘If the

Governor fails to transmit his’’ and inserting the

following:

‘‘(C) P

RESUMED APPROVAL

.—If the Governor of an adja-

cent coastal State fails to transmit a required’’; and

(III) in the second sentence, by striking ‘‘The

Secretary’’ and inserting the following:

Deadline.

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137 STAT. 819 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(B) P

ROHIBITION

.—The Secretary’’; and

(iii) in paragraph (2)—

(I) by striking ‘‘(2) Any other interested State’’

and inserting the following:

‘‘(2) O

THER INTERESTED STATES

.—Any other State with an

interest relating to a deepwater port proposed in an applica-

tion’’; and

(II) by striking ‘‘a deepwater port’’ and

inserting ‘‘the deepwater port’’.

Subtitle C—Reports

SEC. 3521. REPORTS ON MARITIME INDUSTRY, POLICIES, AND PRO-

GRAMS.

(a) R

EPORT ON

DMINISTRATION OF

ROGRAMS

.—

(1) I

N GENERAL

.—Chapter 553 of title 46, United States

Code, is amended by inserting before section 55302 the fol-

lowing:

‘‘§ 55301. Report on administration of programs by other Fed-

eral departments and agencies

‘‘(a) I

ENERAL

.—The Administrator of the Maritime Adminis-

tration shall annually submit to Congress a report on the adminis-

tration by—

‘‘(1) the Department of Defense of section 2631 of title

10; and

‘‘(2) other Federal departments and agencies of programs

the Administrator determines are subject to section 55305 of

this title.

‘‘(b) C

ONTENTS

.—Each annual report required under subsection

(a) shall include, for each Federal department or agency that admin-

isters a program covered by the report—

‘‘(1) the gross tonnage of cargo (equipment, materials, or

agricultural products), expressed by type of cargo, transported

on United States flag vessels as compared to on foreign vessels;

and

‘‘(2) the total number of United States flag vessels and

total number of foreign vessels contracted by each department

or agency.

‘‘(c) A

GENCY

EPORTING

EQUIREMENTS

.—Not later than

January 31 of each year, the head of each Federal department

or agency that administers a program covered by a report required

under subsection (a) shall submit to the Administrator of the Mari-

time Administration the information described in subsection (b)

for that department or agency.’’.

(2) C

LERICAL AMENDMENT

.—The analysis for chapter 553

of title 46, United States Code, is amended by inserting before

the item relating to section 55302 the following new item:

‘‘55301. Report on administration of programs by other Federal departments and

agencies.’’.

(b) R

EPORT ON

URVEY OF

NITED

TATES

HIPBUILDING AND

EPAIR

ACILITIES

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of enactment of this Act, and annually thereafter for each

of the subsequent four fiscal years, the Secretary of Transpor-

tation, in consultation with the Secretary of Defense, the

46 USC

prec. 55301.

46 USC 55301.

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137 STAT. 820 PUBLIC LAW 118–31—DEC. 22, 2023

Administrator of the Maritime Administration, and the Com-

mandant of the Coast Guard, shall submit to the appropriate

committees of Congress a report that includes a survey of

United States shipbuilding and repair facilities.

(2) C

ONTENTS

.—Each report required under paragraph (1)

shall include an identification of all requirements for a survey

of United States shipbuilding and repair facilities in accordance

with sections 50102 and 50103 of title 46, United States Code,

and section 502(f) of the Merchant Marine Act of 1936 (46

U.S.C. 53101 note).

(3) P

UBLIC AVAILABILITY

.—At the time the Secretary of

Transportation submits to the appropriate congressional

committees a report under paragraph (1), the Secretary shall

make the report, and all report data, publicly available on

an appropriate website.

(4) D

EFINITION

.—In this subsection, the term ‘‘appropriate

congressional committees’’ means—

(A) the Committee on Commerce, Science, and

Transportation of the Senate; and

(B) the Committee on Transportation and Infrastruc-

ture and the Committee on Armed Services of the House

of Representatives.

EPORT ON

ORT

REFERENCES FOR

US-

FLAG

ESSELS

.—

Not later than one year after the date of the enactment of this

Act, the Administrator of the Maritime Administration shall submit

to Congress a report on the preference, if any, afforded by each

port authority or marine terminal operator, as applicable, to vessels

documented under the laws of the United States, including such

vessels—

(1) operated by an armed force (as such term is defined

in section 101(4) of title 10, United States Code);

(2) participating in the Maritime Security Program or the

Emergency Preparedness Program under chapter 531 of title

46, United States Code, the Cable Security Fleet under chapter

532 of such title, the Tanker Security Fleet under chapter

534 of such title, or the National Defense Reserve Fleet under

section 57100 of such title; or

(3) with a coastwise endorsement under chapter 121 of

title 46, United States Code.

(d) R

EPORT ON

NCREASING

FFECTIVENESS OF

ARINE

IGH

WAYS

.—

(1) I

N GENERAL

.—Not later than one year after the date

of the enactment of this Act, the Administrator of the Maritime

Administration shall complete and make publicly available on

an appropriate website a study that identifies opportunities

for, and barriers to, increasing the effectiveness of marine high-

ways designated under section 55601 of title 46, United States

Code, in addressing two or more of the components described

in clauses (i), (ii), and (iv) of subparagraphs (A) and subpara-

graph (B) of section 50307(a)(2) of title 46, United States Code.

(2) P

ILOT PROGRAM

.—Beginning on the date that is 120

days after the date of the completion of the study required

under paragraph (1), the Administrator shall carry out a one-

year pilot program under which the Administrator shall select

one marine highway project and implement the findings of

the study with respect to that project.

Effective date.

Public

information.

Web posting.

Study.

46 USC 55601

note.

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137 STAT. 821 PUBLIC LAW 118–31—DEC. 22, 2023

(3) F

INAL REPORT

.—Not later than 90 days after the comple-

tion of the pilot program under paragraph (3), the Adminis-

trator shall provide to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on

Transportation and Infrastructure of the House of Representa-

tives, a briefing on the lessons learned from the pilot program,

any recommendations based on feedback from maritime stake-

holders, States, Indian Tribes, nonprofit organizations, and

other stakeholders, and recommendations for establishing

future marine highways in the United States.

(e) S

TUDY ON

VAILABILITY OF

EDERAL

TUDENT

ID FOR

INER

RAINING

.—

(1) I

N GENERAL

.—The Comptroller General of the United

States shall conduct a study of the availability of Federal

financial assistance for licensed and unlicensed mariners, as

applicable, for mariner training and the effectiveness of

coordination with respect to such assistance of—

(A) Federal agencies;

(B) Federal agencies and States; and

(2) M

ATTERS EVALUATED

.—The study conducted under

paragraph (1) shall include an evaluation of the following:

(A) The availability of Federal financial assistance for

mariner training provided by the Department of Education,

the Department of Veterans Affairs, the Department of

Labor, the Maritime Administration, or other agencies to

the full range of prospective mariners, and an identification

of any gaps in financial assistance.

(B) The extent to which the Maritime Administration

has effectively coordinated with the Department of Edu-

cation, the Department of Veterans Affairs, the Department

of Labor, or other relevant Federal agencies to align Federal

financial assistance with the education and training needs

of mariners.

has effectively communicated with prospective and current

mariners about the availability of Federal financial assist-

ance to facilitate their training and education needs.

(3) S

COPE

.—The study conducted under paragraph (1) shall

include an examination of the availability of Federal financial

assistance, and the service obligations related to such financial

assistance, if applicable, at mariner training institutions within

the United States, including for students attending, or partici-

pating in—

(A) the United States Merchant Marine Academy;

(B) a State maritime academy;

(D) an Indian Tribe apprenticeship or other training

program; or

(E) an educational program carried out by a Federal

agency.

(4) R

EPORT

.—Not later than two years after the date of

the enactment of this Act, the Comptroller General shall submit

to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Transportation and Infra-

structure and the Committee on Armed Services of the House

Examination.

Briefing.

Recommenda-

tions.

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137 STAT. 822 PUBLIC LAW 118–31—DEC. 22, 2023

of Representatives a report containing the findings of the Comp-

troller General with respect to the study conducted under para-

graph (1).

SEC. 3522. REPORTS ON AVAILABILITY OF USED SEALIFT VESSELS

AND THE SCRAPPING AND RECYCLING OF IMPORTED VES-

SELS.

(a) R

EPORT ON

VAILABILITY OF

SED

EALIFT

ESSELS

.—

(1) I

N GENERAL

.—The Commander of the United States

Transportation Command, in consultation with the Adminis-

trator of the Maritime Administration, shall conduct a market

analysis to determine the availability of used sealift vessels

that—

(A) meet military requirements; and

(B) may be purchased using the authority provided

under section 2218 of title 10, United States Code, within

the period of five years following the date of the enactment

of this Act.

(2) R

EPORT

.—Not later than 180 days after the date of

the enactment of this Act, the Commander of the United States

Transportation Command shall submit to the congressional

defense committees and the Committee on Commerce, Science,

and Transportation of the Senate a report on the results of

the market analysis conducted under paragraph (1).

(b) S

TUDY ON THE

CRAPPING AND

ECYCLING OF

MPORTED

ESSELS

.—

(1) I

N GENERAL

.—The Administrator of the Maritime

Administration and the Deputy Under Secretary for Inter-

national Affairs of the Department of Labor shall jointly conduct

a study to review domestic United States ship scrapping

capacity and capability.

(2) E

LEMENTS

.—The study required under paragraph (1)

shall include the following:

(A) An assessment of—

(i) the capabilities of United States shipyards to

recycle and dispose of domestic and foreign vessels

and their component parts;

(ii) the capacity of United States shipyards to com-

plete ship recycling and disposal of domestic and for-

eign vessels and their component parts and related

activities; and

(iii) the infrastructure, regulatory, economic, or

other barriers to domestic ship recycling and disposal

of vessels of the United States (as defined in section

116 of title 46, United States Code) and foreign vessels

and their component parts.

(B) An identification of—

(i) the estimated number of vessels over 1,000

tons that were recycled or scrapped globally each year

for the ten-year period preceding the date of the enact-

ment of this Act;

(ii) the country in which such vessels were

scrapped or recycled;

(iii) the component parts of a vessel that require

additional processing after ship recycling;

(iv) best practices and methods used globally,

including in the United States, at the time of the

Assessments.

Time period.

Market analysis.

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137 STAT. 823 PUBLIC LAW 118–31—DEC. 22, 2023

study, to recycle or dispose of the components described

in clause (iii); and

(v) for the 15 foreign countries with the highest

global market share for ship recycling and disposal,

and for any countries with documented labor exploi-

tation or environmental concerns (as determined by

the Administrator and the Deputy Under Secretary)—

(I) the practices used at the time of the study

for ship recycling and disposal, including for the

component parts described in clause (iii); and

(II) to the extent such information is available,

environmental and labor practices used in such

recycling and disposal.

(3) R

EPORT

.—Not later than one year after the date of

the enactment of this Act, the Administrator shall submit to

the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Transportation and Infra-

structure of the House of Representatives a report containing

the findings of the study required under paragraph (1).

(4) D

EFINITIONS OF COMPONENT PARTS

.—In this subsection,

the term ‘‘component parts’’ means an item or items on a

ship that require additional processing after removal from the

ship, such as cable insulation, rubber and felt gaskets, elec-

tronic equipment, caulking, or paint.

SEC. 3523. STUDY ON FOREIGN OWNERSHIP AND CONTROL OF MARINE

TERMINALS.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, the Secretary of Transportation, in con-

sultation with the Secretary of Commerce, shall seek to enter into

an agreement with a federally funded research and development

center under which the center shall evaluate how foreign state-

owned enterprises with leases, long term concessions, partial owner-

ship, or ownership of marine terminals (including marine terminal

operators) at the 15 largest United States container ports affect,

or could affect, United States national and economic security.

(b) C

ONTENTS

.—An agreement entered into pursuant to sub-

section (a) shall provide that the center shall—

(1) consider—

(A) foreign ownership or state-owned enterprises with

leases, long-term concessions, partial ownership, or owner-

ship of marine terminals (including marine terminal opera-

tors) at 15 largest United States container ports over the

30-year period preceding the date of enactment of this

Act;

(B) instances of ownership in individual marine termi-

nals and cumulative ownership by Chinese or Russian enti-

ties, state-owned enterprises, or nationals;

nals and partial or complete ownership by any foreign

entity;

(D) the amount of Federal funds that have been distrib-

uted to ports and marine terminals that are wholly or

partially foreign-owned, including Chinese and Russian

state-owned enterprises;

(E) where any stake in foreign ownership, or other

vectors of control, exists (including any level of equity

Time period.

Contracts.

Evaluation.

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137 STAT. 824 PUBLIC LAW 118–31—DEC. 22, 2023

stake in joint ventures with United States or foreign marine

terminal operators), including Chinese or Russian state-

owned enterprises, a detailed description of foreign oper-

ational control, including both affirmative and negative

control; and

(F) the degree to which transactions for leases, long-

term concessions, partial ownership, or ownership of

marine terminals referred to in subparagraph (A) were

considered covered transactions by the Committee on For-

eign Investment in the United States and subsequently

subject to review during the 30-year period preceding the

date of the enactment of this Act; and

(2) offer recommendations on—

(A) policies by ports and marine terminal operators

with respect to foreign ownership or control to prevent

any degree of threats to United States national security

and economic security;

(B) whether foreign ownership, a positional relation-

ship, or state-owned enterprises with leases, long term

concessions, partial ownership, or ownership of marine

terminals (including marine terminal operators) affords the

foreign entity access to operational technology and informa-

tion unique to the United States and otherwise unavailable;

prises with leases, long term concessions, partial owner-

ship, or ownership of marine terminals (including marine

terminal operators) has or could affect the supply chain

and policies related to the prioritization of certain cargoes;

and

(D) legislative or other policy changes needed to secure

and advance United States national and economic security

of the United States.

EPORT

.—Not later than one year after the initiation of

an evaluation carried out pursuant to an agreement entered into

under subsection (a), the Secretary of Transportation shall submit

to the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Transportation and Infrastructure

of the House of Representatives a report containing the results

of such evaluation.

(d) F

ORM

.—The report required under subsection (c) shall be

submitted in unclassified form, but may include a classified annex.

SEC. 3524. REPORTS TO CONGRESS.

Not later than 180 days after the date of the enactment of

this Act, the Secretary of Defense shall submit to Congress a

report on the implementation by the Department of Defense of

the amendments to section 2631 of title 10, United States Code,

made by section 1024 of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

283).

Recommenda-

tions.

Time period.

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137 STAT. 825 PUBLIC LAW 118–31—DEC. 22, 2023

Subtitle D—Other Matters

SEC. 3531. CARGOES PROCURED, FURNISHED, OR FINANCED BY THE

UNITED STATES GOVERNMENT.

(a) I

ENERAL

.—Section 55305 of title 46, United States Code,

is amended—

(1) by striking subsection (a);

(2) by redesignating—

(A) subsection (b) as subsection (a); and

(B) subsections (c), (d), and (e), as subsections (d),

(e), and (f), respectively;

(3) in subsection (a), as so redesignated, by striking ‘‘pri-

vately-owned commercial vessels of the United States,’’ and

inserting ‘‘privately-owned commercial vessels of the United

States, as provided under subsection (b),’’;

(4) by inserting after subsection (a), as so redesignated,

the following:

‘‘(b) E

LIGIBLE

ESSELS

.—To be eligible to carry cargo as pro-

vided under subsection (a), a privately-owned commercial vessel

shall be documented under the laws of the United States—

‘‘(1) for not less than three years; or

‘‘(2) after January 1, 2030, for less than three years, if

the vessel owner signs an agreement with the Secretary pro-

viding that—

‘‘(A) the vessel shall remain documented under the

laws of the United States for not less than three years;

and

‘‘(B) the vessel owner shall, upon request of the Sec-

retary, agree to enroll the vessel in an emergency prepared-

ness agreement or voluntary agreement authorized under

section 708 of the Defense Production Act of 1950 (50

U.S.C. 4558) and shall ensure the vessel remains so

enrolled until the vessel ceases to be documented under

the laws of the United States.

‘‘(c) V

IOLATION OF

GREEMENT

.—A vessel under an agreement

executed pursuant to subsection (b)(2) may be seized by, and for-

feited to, the United States if, in violation of that agreement—

‘‘(1) the vessel owner places the vessel under foreign reg-

istry; or

‘‘(2) a person operates the vessel under the authority of

a foreign country.’’; and

(5) by striking subsection (d), as so redesignated, and

inserting the following:

‘‘(d) W

AIVERS

.—(1) Notwithstanding any other provision of law,

when the President, the Secretary of Defense, or the Secretary

of Transportation declares the existence of an emergency justifying

a temporary waiver of this section or section 55314 of this title,

the President, the Secretary of Defense, or the Secretary of

Transportation, following a determination by the Maritime Adminis-

trator, acting in the Administrator’s capacity as Director, National

Shipping Authority, of the non-availability of qualified United

States flag capacity at fair and reasonable rates for commercial

vessels of the United States to meet the requirements of this

section or section 55314 of this title, may waive compliance with

such section to the extent, in the manner, and on the terms the

Maritime Administrator, acting in such capacity, prescribes, and

President.

Determination.

Time periods.

Effective date.

Time periods.

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137 STAT. 826 PUBLIC LAW 118–31—DEC. 22, 2023

no other waivers of the requirements of this section or section

55314 of this title shall be authorized.

‘‘(2)(A) Subject to subparagraphs (B) and (C), a waiver issued

under this subsection shall be for a period of not more than 60

days.

‘‘(B) Upon termination of the period of a waiver issued under

this subsection, the Maritime Administrator may extend the waiver

for an additional period of not more than 30 days, if the Maritime

Administrator makes the determinations described in paragraph

(1).

‘‘(C) The aggregate duration of the period of all waivers and

extensions of waivers under this subsection with respect to any

one set of events shall not exceed three months in a fiscal year.

‘‘(3) The Maritime Administrator shall—

‘‘(A) for each determination referred to in paragraph (1),

identify any actions that could be taken to enable qualified

United States flag capacity to meet the requirements of this

section or section 55314 at fair and reasonable rates for

commercial vessels of the United States;

‘‘(B) provide notice of each determination referred to in

paragraph (1) to the Secretary of Transportation and, as

applicable, the President or the Secretary of Defense; and

‘‘(C) publish each determination referred to in paragraph

(1)—

‘‘(i) on the website of the Maritime Administration

not later than 24 hours after notice of the determination

is provided to the Secretary of Transportation; and

‘‘(ii) in the Federal Register.

‘‘(4) The Maritime Administrator shall notify—

‘‘(A) the Committee on Commerce, Science, and Transpor-

tation of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives of—

‘‘(i) any request for a waiver (or an extension thereof)

made by the Secretary of Transportation of this section

or section 55314(a) of this title by not later than 72 hours

after receiving such a request; and

‘‘(ii) the issuance of any such waiver (or an extension

thereof), and why such waiver or extension was necessary,

by not later than 72 hours after such issuance; and

‘‘(B) the Committee on Commerce, Science, and Transpor-

tation and the Committee on Armed Services of the Senate

and the Committee on Transportation and Infrastructure and

the Committee on Armed Services of the House of Representa-

tives of—

‘‘(i) any request for a waiver (or an extension thereof)

made by the Secretary of Defense of this section or section

55314(a) of this title by not later than 72 hours after

receiving such a request; and

‘‘(ii) the issuance of any such waiver (or an extension

thereof), and why such waiver or extension was necessary,

by not later than 72 hours after such issuance.’’.

(b) S

MALL

ASSENGER

ESSELS

ITH

VERNIGHT

CCOMMODA

TIONS

.—

(1) E

XTENSION AUTHORITY

.—

(A) I

N GENERAL

.—The Commandant of the Coast Guard

shall not enforce the requirements of section

3306(n)(3)(A)(v) of title 46, United States Code, against

46 USC 3306

note.

Notification.

Deadline.

Federal Register,

publication.

Web posting.

Deadline.

Notice.

Extension.

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137 STAT. 827 PUBLIC LAW 118–31—DEC. 22, 2023

an operator of an overnight fishing charter before April

1, 2024.

(B) P

LAN REQUIRED

.—Not later than April 1, 2024,

an operator of an overnight fishing charter not in compli-

ance with such section 3306(n)(3)(A)(v) shall submit to

the Commandant a plan for complying with such require-

ments.

XTENSION

.—On and after April 1, 2024, with

respect to an operator of an overnight fishing charter which

has submitted a plan for compliance in accordance with

subparagraph (B), a captain of the port may extend the

period described under subparagraph (A) until a date not

later than January 1, 2026.

(2) L

IMITATION

.—Without further Congressional action, a

captain of the port may not extend the period of nonenforcement

of the requirements of section 3306(n)(3)(A)(v) of title 46, United

States Code, with respect to an overnight fishing charter, to

a date later than January 1, 2026.

(3) N

OTICE TO PASSENGERS

.—Beginning on the date on

which the requirements under section 3306(n)(3)(A)(v) of title

46, United States Code, take effect, the owner or operator

of a vessel for which an extension is granted under paragraph

(1)(C) shall provide on the website of such owner or operator

of the vessel, the vessel, and each ticket for a passenger a

prominently displayed notice that the vessel is exempt from

meeting the Coast Guard safety compliance standards con-

cerning egress as described in such section.

(4) O

VERNIGHT FISHING CHARTER DEFINED

.—In this section,

the term ‘‘overnight fishing charter’’ means a vessel that—

(A) is engaged in ‘‘charter fishing’’ as such term is

defined in section 3 of the Magnuson-Stevens Fishery Con-

servation and Management Act (16 U.S.C. 1802); and

(B) has overnight accommodations for passengers.

SEC. 3532. RECAPITALIZATION OF NATIONAL DEFENSE RESERVE

FLEET.

Section 3546 of the James M. Inhofe National Defense

Authorization Act for Fiscal Year 2023 (Public Law 117–263; 46

U.S.C. 57100 note) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1)—

(i) by striking ‘‘Subject to the availability of appro-

priations’’ and inserting ‘‘Subject to the availability

of appropriations made specifically available for

reimbursements to the Ready Reserve Force, Maritime

Administration account of the Department of Transpor-

tation for programs, projects, activities, and expenses

related to the National Defense Reserve Fleet’’; and

(ii) by striking ‘‘of Transportation’’ and inserting

‘‘of the Navy’’; and

(B) in paragraph (1)—

(i) by striking ‘‘roll-on, roll-off cargo’’ and inserting

‘‘sealift’’; and

(ii) by striking ‘‘2024’’ and inserting ‘‘2025’’;

(2) in subsection (d), by striking ‘‘The Secretary of Transpor-

tation shall consult and coordinate with the Secretary of the

Effective date.

Web posting.

Effective date.

Termination

date.

Deadline.

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137 STAT. 828 PUBLIC LAW 118–31—DEC. 22, 2023

Navy’’ and inserting ‘‘The Secretary of the Navy shall consult

and coordinate with the Secretary of Transportation’’; and

(3) by adding at the end the following new subsection:

‘‘(f) L

IMITATION

.—Of the amounts authorized to be appropriated

by this Act or otherwise made available for fiscal year 2024 for

the Secretary of the Navy for travel expenses, not more than 50

percent may be obligated or expended until the Secretary of the

Navy submits to the congressional defense committees a report

that includes a detailed description of the acquisition strategy for

the execution of the authority under subsection (a).’’.

SEC. 3533. UNITED STATES MERCHANT MARINE ACADEMY AND COAST

GUARD ACADEMY MATTERS; MARITIME ADMINISTRATION

REQUIREMENTS.

(a) T

RAINING

OURSE ON

ORKINGS OF

ONGRESS

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this section, the Secretary of Transpor-

tation, in consultation with the Maritime Administrator, the

Superintendent of the United States Merchant Marine

Academy, and such other individuals and organizations as the

Secretary of Transportation considers appropriate, shall develop

a training course on the workings of Congress and offer that

training course at least once each year. This course shall be

similar in design to the training course required under section

315 of title 14, United States Code, as practicable.

(2) C

OURSE SUBJECT MATTER

.—The training course required

by paragraph (1) shall provide an overview and introduction

to Congress and the Federal legislative process, including—

(A) the history and structure of Congress and the com-

mittee systems of the Senate and the House of Representa-

tives, including the functions and responsibilities of the

Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Transportation and Infra-

structure and the Committee on Armed Services of the

House of Representatives;

(B) the documents produced by Congress, including

bills, resolutions, committee reports, and conference

reports, and the purposes and functions of those documents;

and the House of Representatives, including similarities

and differences between the processes and rules of each

chamber, including—

(i) the congressional budget process;

(ii) the congressional authorization and appropria-

tions processes;

(iii) the Senate advice and consent process for

Presidential nominees; and

(iv) the Senate advice and consent process for

treaty ratification;

(D) the roles of Members of Congress and congressional

staff in the legislative process; and

(E) the concept and underlying purposes of congres-

sional oversight within the governance framework of sepa-

ration of powers of the United States.

(3) L

ECTURERS AND PANELISTS

.—

(A) O

UTSIDE EXPERTS

.—The Secretary of Transpor-

tation shall ensure that not less than 60 percent of the

Deadlines.

46 USC 51301

note.

Reports.

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137 STAT. 829 PUBLIC LAW 118–31—DEC. 22, 2023

lecturers, panelists, and other individuals providing edu-

cation and instruction as part of the training course

required by this subsection are bipartisan subject matter

experts on Congress and the Federal legislative process

who are not employed by the executive branch of the Fed-

eral Government.

(B) A

UTHORITY TO ACCEPT PRO BONO SERVICES

.—In

satisfying the requirement under subparagraph (A), the

Secretary of Transportation shall seek, and may accept,

educational and instructional services of lecturers, panel-

ists, and other individuals and organizations provided to

the Department of Transportation on a pro bono basis.

(4) C

OMPLETION OF REQUIRED TRAINING

.—

(A) I

N GENERAL

.—Not later than 60 days after the

date on which the Secretary of Transportation completes

the development of the training course described in this

section, and annually thereafter while serving in applicable

positions, the covered individuals described in subpara-

graph (B) shall complete the training course described in

this subsection.

(B) C

OVERED INDIVIDUALS

.—The covered individuals in

this subsection are the following:

(i) The Administrator of the Maritime Administra-

tion and the Deputy Administrator of the Maritime

Administration.

(ii) Any official of the Maritime Administration

whose appointment is subject to the advice and consent

of the Senate and Maritime Administration employees

that are serving in a Senior Executive Service position

(as defined in section 3132(a) of title 5, United States

Code).

(iii) Any Maritime Administration employees

whose duties consist of engagement with congressional,

governmental, or public affairs, who are appointed or

assigned to a billet in the National Capital Region

on the date on which the Secretary of Transportation

completes the development of the training course

described in this section.

(iv) The Superintendent, Deputy Superintendent,

Provost, Commandant of Midshipmen, Counsel, and

Director of Public Affairs of the United States Mer-

chant Marine Academy.

EW OFFICIALS AND EMPLOYEES

.—Any Maritime

Administration official or employee or United States Mer-

chant Marine Academy official or employee who is a covered

individual described in subparagraph (B) who is newly

appointed, newly employed in the National Capital Region,

or newly employed by the United States Merchant Marine

Academy after the date on which the Secretary of Transpor-

tation completes the development of the training course

described in this subsection, shall complete a training

course that meets the requirements of this subsection not

later than 60 days after reporting for duty, and annually

thereafter, while serving in applicable positions.

(b) G

OVERNMENT

CCOUNTABILITY

FFICE

EPORT ON

ARITIME

DMINISTRATION

TAFFING

EQUIREMENTS

.—

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137 STAT. 830 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N GENERAL

.—Not later than six months after the date

of the enactment of this Act, the Comptroller General of the

United States shall submit to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee

on Transportation and Infrastructure of the House of Rep-

resentatives, a report that includes an analysis of the staffing

requirements for effectively executing the mission of the Mari-

time Administration and an identification of any existing gaps

that could impede its operations.

(2) C

ONTENTS

.—The report under paragraph (1) shall

include—

(A) an evaluation of the personnel requirements for

the successful execution of the mission of the Maritime

Administration, including such requirements for—

(i) those offices that deal with infrastructure, ship-

building, or student safety;

(ii) those offices that have significant delays in

meeting constituent needs, including offices involved

in the processing of permits and grants, or which

preform a communication or outreach function to the

public, constituents, or Congress (including the Office

of Public Affairs of the Maritime Administration);

(iii) the United States Merchant Marine Academy;

and

(iv) other activities carried out by the Maritime

Administration;

(B) a thorough analysis of any deficiencies or inadequa-

cies in staffing levels, at the time the report is submitted,

that could hinder the efficient functioning of the Maritime

Administration; and

the report into the policies and planning processes of the

Maritime Administration, with the aim of addressing the

identified gaps and enhancing the overall effectiveness of

the Maritime Administration.

OAST

UARD

CADEMY

MPROVEMENT

RIEFING

.—Not later

than 30 days after the date of the enactment of this Act, the

Commandant of the Coast Guard shall provide to the Committee

on Transportation and Infrastructure of the House of Representa-

tives and the Committee on Commerce, Science, and Transportation

of the Senate a briefing on—

(1) a plan, which shall include timelines and cost estimates,

to—

(A) remediate asbestos, lead, and mold from the Chase

Hall of the Coast Guard Academy;

(B) house not more than two students to a room in

Chase Hall; and

space in student rooms at Chase Hall; and

(2) the increased student housing capacity necessary to

allow the Coast Guard to put through sufficient officers to

eliminate the current portion of the officer shortfall due to

space constraints at the Coast Guard Academy, including the

Officer Candidate School and direct Commission Officer Pro-

gram housed at the Academy.

Plan.

Timelines.

Cost estimates.

Recommenda-

tions.

Analysis.

Evaluation.

Analysis.

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137 STAT. 831 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 3534. MARITIME WORKFORCE WORKING GROUP.

(a) I

ENERAL

.—Not later than 120 days after the date of

the enactment of this Act, the Maritime Administrator, in consulta-

tion with the National Merchant Marine Personnel Advisory Com-

mittee, the National Offshore Safety Advisory Committee, the

National Towing Safety Advisory Committee, and the Committee

on the Marine Transportation System, shall convene a working

group to examine and assess the size of the pool of mariners

with covered credentials necessary to support the United States

flag fleet.

(b) M

EMBERSHIP

.—The Maritime Administrator shall designate

individuals to serve as members of the working group convened

under subsection (a). The working group shall consist of—

(1) the Maritime Administrator, who shall serve as chair-

person of the working group;

(2) the Superintendent of the United States Merchant

Marine Academy;

(3) the Commandant of the Coast Guard;

(4) the Commander of the United States Transportation

Command;

(5) the Secretary of the Navy; and

(6) at least one representative from each of—

(A) the State maritime academies;

(B) the owners and operators of United States-flagged

vessels engaged in offshore oil and gas exploration, develop-

ment, and production;

vessels engaged in inland river transportation;

(D) the owners and operators of United States-flagged

vessels engaged in inland river transportation;

(E) a nonprofit labor organization representing a class

of licensed or unlicensed engine department mariners who

are employed on vessels operating in the United States

flag fleet;

(F) a nonprofit labor organization representing a class

of licensed or unlicensed mariners who are employed on

vessels operating in the United States flag fleet;

(G) the owners of vessels operating in the United States

flag fleet, or their private contracting parties, that are

primarily operating in international transportation;

(H) Centers of Excellence for Maritime Training des-

ignated under section 51706 of title 46, United States Code;

and

(I) private maritime training providers.

UORUM

EQUIREMENT

.—The Maritime Administrator

may convene the working group virtually and without all members

present.

(d) R

ESPONSIBILITIES

.—The working group shall carry out the

following responsibilities:

(1) Reviewing the report required by section 3525(b), and

the study required by section 3545(a), of the James Inhofe

National Defense Authorization Act for Fiscal Year 2023 (Public

Law 117–263), if available.

(2) Identifying the number of mariners with covered creden-

tials in each of the following categories:

(A) All such mariners.

Designation.

Deadline.

Examination.

Assessment.

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137 STAT. 832 PUBLIC LAW 118–31—DEC. 22, 2023

(B) Such mariners who have a valid Coast Guard mer-

chant mariner credential with the necessary endorsements

for service on unlimited tonnage vessels that are subject

to the International Convention on Standards of Training,

Certification and Watchkeeping for Seafarers, 1978, as

amended.

program that supports the United States merchant marine

and the United States flag fleet.

(D) Such mariners who are available to crew the United

States flag fleet and the surge sealift fleet in times of

a national emergency.

(E) Such mariners who are full-time.

(F) Such mariners who are merchant mariner

credentialed officers in the United States Navy Reserve.

(G) Such licensed and unlicensed mariners—

(i) required to maintain, mobilize, and operate the

entire Ready Reserve Force for periods of 30 days,

90 days, 180 days, and one year including separate

totals for merchant mariners employed to maintain

the Ready Reserve Force in a reduced operating status;

and

(ii) required to submit documentation of sea service

to the National Maritime Center, including such mari-

ners that have acquired sea service during the prior

year and such mariners that have not acquired sea

service during the prior year.

(3) Evaluating potential gaps or surpluses of credentialed

merchant mariners, by rating and qualification, required to

maintain, mobilize, and operate the Ready Reserve Force for

periods of 30 days, 90 days, 180 days, and one year and the

potential impacts such mobilization and operation will have

on the commercial maritime industry’s capability to operate

during such periods.

(4) Identifying a list of all actively operating documented

vessels of at least 500 gross registered tons, as measured under

section 14502 of title 46, United States Code, or an alternate

tonnage measured under section 14302 of such title as pre-

scribed by the Secretary under section 14104, of such title,

with the tonnage of each such vessel.

(5) Assessing the effect on the United States merchant

marine and United States Merchant Marine Academy if grad-

uates from State maritime academies and the United States

Merchant Marine Academy were assigned to, or required to

fulfill, certain maritime positions based on the overall needs

of the United States merchant marine.

(6) Assessing the effectiveness of marketing and outreach

efforts, including recruitment and retention strategy and

methods of publicizing opportunities, for new mariner accession

into the maritime industry.

(7) Assessing the accessibility of Coast Guard Merchant

Mariner Licensing and Documentation System data for mari-

ners with covered credentials, the maritime industry, and the

Maritime Administration for the purposes of evaluating the

pool of mariners with covered credentials.

(8) Assessing the impediments to the credentialing of

United States merchant mariners, including training capacity,

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137 STAT. 833 PUBLIC LAW 118–31—DEC. 22, 2023

credentialing system delays, costs to merchant mariners, statu-

tory or regulatory requirements, and other factors.

(9) Making recommendations to—

(A) enhance the availability and quality of interagency

data, including data from the United States Transportation

Command, the Coast Guard, the Navy, and the Bureau

of Transportation Statistics, for use by the Maritime

Administration in evaluating the pool of mariners with

covered credentials;

(B) close any gaps identified in the evaluation described

in paragraph (3), including specific policy, legislative

change proposals, and funding requests; and

ment and retention.

(e) P

ROVISION OF

NFORMATION

.—All members of the working

group convened under subsection (a) shall provide to the Maritime

Administrator, in a timely manner and in a suitable format agreed

to by members, any information that is needed to carry out the

responsibilities under subsection (d).

(f) R

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Secretary of Transportation shall submit

to the Committee on Commerce, Science, and Transportation of

the Senate, the Committee on Armed Services of the House of

Representatives, and the Committee on Transportation and Infra-

structure of the House of Representatives a report that contains

the findings and conclusions of the working group gathered in

the course of performing the responsibilities under subsection (d).

Such report shall include each of the following:

(1) The number of mariners with covered credentials identi-

fied for each category described in subparagraphs (A) through

(G) of subsection (d)(2).

(2) The results of the evaluation under subsection (d)(3).

(3) The list identified under subsection (d)(4).

(4) The results of the assessments conducted under para-

graphs (5) and (8) of subsection (d).

(5) The recommendations made under paragraphs (5) and

(9) of subsection (d).

(6) Such other information as the working group determines

appropriate.

(g) C

LASSIFIED

NNEX

.—The report required under this section

shall be submitted in unclassified form, but shall include a classified

annex including the results from subsection (d)(2)(G) and subsection

(d)(3).

(h) D

EFINITIONS

.—In this section:

(1) The term ‘‘covered credential’’ means any credential

issued under part E of subtitle II of title 46, United States

Code.

(2) The term ‘‘documented vessel’’ has the meaning given

the term in section 106 of title 46, United States Code.

(3) The term ‘‘Ready Reserve Force’’ has the meaning given

the term in chapter 571 of title 46, United States Code.

(i) S

UNSET

.—The Maritime Administrator shall disband the

working group upon the submission of the report required under

subsection (f).

(j) T

EMPORARY

EDUCTION OF

ENGTHS OF

ERTAIN

ERIODS

ERVICE

.—For the 3-year period beginning on the date of enact-

ment of this Act—

Time period.

Applicability.

46 USC 7307

note.

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137 STAT. 834 PUBLIC LAW 118–31—DEC. 22, 2023

(1) section 7307 of title 46, United States Code, shall be

applied by substituting ‘‘18 months’’ for ‘‘3 years’’;

(2) section 7308 of such title shall be applied by substituting

‘‘12 months’’ for ‘‘18 months’’; and

(3) section 7309 of such title shall be applied by substituting

‘‘6 months’’ for ‘‘12 months’’.

(k) C

ENTERS OF

XCELLENCE FOR

OMESTIC

ARITIME

ORKFORCE

RAINING AND

DUCATION

.—Section 51706 of title 46,

United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘The Secretary’’ and inserting the fol-

lowing:

‘‘(1) I

N GENERAL

.—The Secretary’’;

(B) by inserting ‘‘, after consultation with the Coast

Guard,’’ after ‘‘Transportation’’;

ignate’’; and

(D) by adding at the end the following:

‘‘(2) W

ITHDRAWAL OF DESIGNATION

.—The Secretary of

Transportation may withdraw a designation as a center of

excellence for domestic maritime workforce training and edu-

cation of a covered training entity upon discovery of adverse

information, including discovery of information that the covered

training entity has engaged in fraudulent or unlawful activities,

or has been subjected to disciplinary or adverse administrative

action by Federal, State, or other regulatory bodies.’’;

(2) in subsection (b), by adding at the end the following:

‘‘(5) E

LIGIBLE USES OF GRANT FUNDS

.—A center of excellence

receiving a grant under this subsection shall—

‘‘(A) carry out activities that are identified as priorities

for the purpose of developing, offering, or improving edu-

cational or career training programs for the United States

maritime industry workforce; and

‘‘(B) provide training to upgrade the skills of the United

States maritime industry workforce, including training to

acquire covered requirements as well as technical skills

training for jobs in the United States maritime industry.’’;

and

(3) in subsection (c)(1)—

(A) in subparagraph (B)(v), by striking ‘‘and’’ after

the semicolon;

(B) in subparagraph (C), by striking the period at

the end and inserting ‘‘; and’’; and

‘‘(D) has—

‘‘(i) not been subject to a disciplinary or adverse

administrative action by Federal, State, or other regu-

latory bodies;

‘‘(ii) no unresolved nonconformities from adminis-

trative audits by regulatory bodies; and

‘‘(iii) not been subject to any adverse criminal

action by a Federal, State, or local law enforcement

authority.’’.

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137 STAT. 835 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 3535. CONSIDERATION OF LIFE-CYCLE COST ESTIMATES FOR

ACQUISITION AND PROCUREMENT OF VESSELS.

In carrying out the acquisition and procurement of vessels

in the National Defense Reserve Fleet, the Secretary of Transpor-

tation, acting through the Administrator of the Maritime Adminis-

tration, shall consider the life-cycle cost estimates of vessels during

the design and evaluation processes to the maximum extent prac-

ticable.

SEC. 3536. LOANS FOR RETROFITTING TO QUALIFY AS A VESSEL OF

THE UNITED STATES.

(a) I

ENERAL

.—Section 53706(a) of title 46, United States

Code, is amended by adding at the end the following:

‘‘(8) Financing (including reimbursement of an obligor for

expenditures previously made for) the reconstruction, recondi-

tioning, retrofitting, repair, reconfiguration, or similar work

in a shipyard located in the United States.’’.

(b) P

ROHIBITION ON

SE OF

PPROPRIATED

UNDS

.—Amounts

appropriated to the Maritime Administration before the date of

enactment of this Act shall not be available to be used for the

cost of loan guarantees for projects receiving financing support

or credit enhancements under section 53706(a)(8) of title 46, United

States Code, as added by this section.

SEC. 3537. ACCOUNTABILITY FOR NATIONAL MARITIME STRATEGY.

(a) B

IANNUAL

RIEFING

.—

(1) R

EQUIREMENT

.—Not less than twice annually, the

Administrator of the Maritime Administration, in consultation

with the National Security Council, the Secretary of State,

the Secretary of Transportation, and the Secretary of Homeland

Security, shall provide to the appropriate congressional commit-

tees briefings on the status of establishing the type of national

maritime strategy required under section 50114 of title 46,

United States Code. The Chief of Naval Operations, the Com-

mandant of the Marine Corps, and the Commandant of the

Coast Guard shall participate in each briefing required under

this paragraph.

(2) U

.—The Administrator shall use the briefings

required under paragraph (1) to augment and influence the

national maritime strategy discussion with national security

focused stakeholders across the administration, until an

updated strategy is published and endorsed by the President

of the United States.

(b) E

LEMENTS

.—As the national maritime strategy relates to

national security, each briefing under subsection (a) shall include

the following:

(1) Recommendations for a whole-of-Government approach

to orchestrating national instruments of power to shape all

elements of the maritime enterprise of the United States,

domestic and international, on the high seas or domestic water-

ways.

(2) An assessment of great power competition in the mari-

time domain, to include opportunities for increased cooperation

with allied and partner global maritime industry leaders to

improve national shipbuilding and shipping, while promoting

the international rules-based maritime order.

Assessment.

Recommenda-

tions.

Analyses.

46 USC 50114

note.

46 USC 57100

note.

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137 STAT. 836 PUBLIC LAW 118–31—DEC. 22, 2023

(3) An analysis of existing shipyards to build and capitalize

on the virtuous cycle between commercial and military ship-

building and repair, including areas of improvement.

(4) An analysis of opportunities for private or public

financing to increase the capacity, efficiency, and effectiveness

of United States shipyards, including infrastructure, labor force,

technology, and global competitiveness.

(5) An analysis of potential improvements to national or

cooperative arrangements for sealift capacity and shipping,

including for contested logistics.

PPROPRIATE

ONGRESSIONAL

OMMITTEES

.—In this section,

the term ‘‘appropriate congressional committees’’ means—

(1) the congressional defense committees;

(2) and the Committee on Transportation and Infrastruc-

ture of the House of Representatives; and

(3) the Committee on Commerce, Science, and Transpor-

tation of the Senate.

DIVISION D—FUNDING TABLES

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.

(a) I

ENERAL

.—Whenever a funding table in this division

specifies a dollar amount authorized for a project, program, or

activity, the obligation and expenditure of the specified dollar

amount for the project, program, or activity is hereby authorized,

subject to the availability of appropriations.

(b) M

ERIT

BASED

ECISIONS

.—A decision to commit, obligate,

or expend funds with or to a specific entity on the basis of a

dollar amount authorized pursuant to subsection (a) shall—

(1) be based on merit-based selection procedures in accord-

ance with the requirements of sections 3201 and 4024 of title

10, United States Code, or on competitive procedures; and

(2) comply with other applicable provisions of law.

ELATIONSHIP TO

RANSFER AND

ROGRAMMING

UTHORITY

.—An amount specified in the funding tables in this

division may be transferred or reprogrammed under a transfer

or reprogramming authority provided by another provision of this

Act or by other law. The transfer or reprogramming of an amount

specified in such funding tables shall not count against a ceiling

on such transfers or reprogrammings under section 1001 of this

Act or any other provision of law, unless such transfer or reprogram-

ming would move funds between appropriation accounts.

(d) A

PPLICABILITY TO

LASSIFIED

NNEX

.—This section applies

to any classified annex that accompanies this Act.

(e) O

RAL OR

RITTEN

OMMUNICATIONS

.—No oral or written

communication concerning any amount specified in the funding

tables in this division shall supersede the requirements of this

section.

Compliance.

Definition.

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137 STAT. 837 PUBLIC LAW 118–31—DEC. 22, 2023

TITLE XLI—PROCUREMENT

SEC. 4101. PROCUREMENT.

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

AIRCRAFT PROCUREMENT, ARMY

FIXED WING

003 FUTURE UAS FAMILY ..................................................................... 53,453 53,453

005 SMALL UNMANNED AIRCRAFT SYSTEMS ................................. 20,769 20,769

ROTARY

006 AH–64 APACHE BLOCK IIIA REMAN ........................................... 718,578 718,578

007 AH–64 APACHE BLOCK IIIA REMAN AP ..................................... 110,360 110,360

008 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 668,258 668,258

009 UH–60 BLACKHAWK M MODEL (MYP) AP .................................. 92,494 92,494

010 UH–60 BLACK HAWK L AND V MODELS .................................... 153,196 153,196

011 CH–47 HELICOPTER ........................................................................ 202,487 379,987

Four Additional Aircraft ............................................................. [177,500 ]

012 CH–47 HELICOPTER AP .................................................................. 18,936 41,436

CH–47F Block II—Adv Procurement ......................................... [22,500 ]

012A UH–72B LAKOTA HELICOPTER .................................................... 20,000

Two aircraft .................................................................................. [20,000 ]

MODIFICATION OF AIRCRAFT

013 MQ–1 PAYLOAD ................................................................................ 13,650 13,650

014 GRAY EAGLE MODS2 ...................................................................... 14,959 82,959

Program increase ......................................................................... [68,000 ]

016 AH–64 MODS ..................................................................................... 113,127 113,127

017 CH–47 CARGO HELICOPTER MODS (MYP) ................................. 20,689 20,689

022 UTILITY HELICOPTER MODS ....................................................... 35,879 53,879

Black Hawk Mods—60kVA Generators ..................................... [15,000 ]

Litter Basket Stabilization Systems .......................................... [3,000 ]

023 NETWORK AND MISSION PLAN ................................................... 32,418 32,418

024 COMMS, NAV SURVEILLANCE ...................................................... 74,912 74,912

025 DEGRADED VISUAL ENVIRONMENT .......................................... 16,838 16,838

026 AVIATION ASSURED PNT .............................................................. 67,383 67,383

027 GATM ROLLUP .................................................................................. 8,924 8,924

029 UAS MODS ......................................................................................... 2,258 2,258

GROUND SUPPORT AVIONICS

030 AIRCRAFT SURVIVABILITY EQUIPMENT .................................. 161,731 156,501

B–Kit unit cost adjustment ........................................................ [–5,230 ]

031 SURVIVABILITY CM ........................................................................ 6,526 6,526

032 CMWS .................................................................................................. 72,041 72,041

033 COMMON INFRARED COUNTERMEASURES (CIRCM) ............. 261,384 261,384

OTHER SUPPORT

034 COMMON GROUND EQUIPMENT ................................................. 25,752 25,752

035 AIRCREW INTEGRATED SYSTEMS .............................................. 22,097 22,097

036 AIR TRAFFIC CONTROL ................................................................. 21,216 21,216

037 LAUNCHER, 2.75 ROCKET .............................................................. 2,125 2,125

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 3,012,440 3,313,210

MISSILE PROCUREMENT, ARMY

SURFACE-TO-AIR MISSILE SYSTEM

001 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN .......... 6,625 6,625

003 M-SHORAD—PROCUREMENT ....................................................... 400,697 390,197

Excess fielding growth ................................................................ [–10,500 ]

004 MSE MISSILE .................................................................................... 1,212,832 1,212,832

006 PRECISION STRIKE MISSILE (PRSM) .......................................... 384,071 377,821

Unjustified growth: Software maintenance ............................... [–6,250 ]

007 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ............... 313,189 313,189

008 MID-RANGE CAPABILITY (MRC) ................................................... 169,519 169,519

AIR-TO-SURFACE MISSILE SYSTEM

009 HELLFIRE SYS SUMMARY ............................................................. 21,976 21,976

010 JOINT AIR-TO-GROUND MSLS (JAGM) ........................................ 303,409 303,409

012 LONG-RANGE HYPERSONIC WEAPON ....................................... 156,821 156,821

ANTI-TANK/ASSAULT MISSILE SYS

013 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 199,509 199,509

014 TOW 2 SYSTEM SUMMARY ............................................................ 120,475 120,475

015 GUIDED MLRS ROCKET (GMLRS) ................................................ 886,367 886,367

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137 STAT. 838 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

016 GUIDED MLRS ROCKET (GMLRS) ................................................ 55,913 55,913

017 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......... 10,334 10,334

018 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ..... 179,230 179,230

019 ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM ..................... 7,307 7,307

MODIFICATIONS

021 PATRIOT MODS ................................................................................ 212,247 212,247

022 STINGER MODS ................................................................................ 36,484 36,484

023 AVENGER MODS .............................................................................. 22,274 22,274

025 MLRS MODS ...................................................................................... 168,198 168,198

026 HIMARS MODIFICATIONS .............................................................. 76,266 76,266

SPARES AND REPAIR PARTS

027 SPARES AND REPAIR PARTS ........................................................ 6,573 6,573

SUPPORT EQUIPMENT & FACILITIES

028 AIR DEFENSE TARGETS ................................................................. 11,701 11,701

TOTAL MISSILE PROCUREMENT, ARMY .................... 4,962,017 4,945,267

PROCUREMENT OF WEAPONS AND TRACKED COMBAT

VEHICLES, ARMY

TRACKED COMBAT VEHICLES

001 ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................ 554,777 552,277

Program decrease ........................................................................ [–2,500 ]

003 MOBILE PROTECTED FIREPOWER .............................................. 394,635 386,635

Excessive growth—systems technical support .......................... [–8,000 ]

MODIFICATION OF TRACKED COMBAT VEHICLES

004 STRYKER UPGRADE ........................................................................ 614,282 749,682

Excessive growth—fleet modifications ....................................... [–4,600 ]

Program increase ......................................................................... [140,000 ]

005 BRADLEY FIRE SUPPORT TEAM (BFIST) VEHICLE ................. 5,232 5,232

006 BRADLEY PROGRAM (MOD) .......................................................... 158,274 217,070

Program increase ......................................................................... [65,000 ]

Unjustified growth: modification 7 installation ........................ [–6,204 ]

007 M109 FOV MODIFICATIONS ........................................................... 90,986 90,986

008 PALADIN INTEGRATED MANAGEMENT (PIM) .......................... 469,152 674,152

Program increase ......................................................................... [205,000 ]

009 IMPROVED RECOVERY VEHICLE (M88 HERCULES) ............... 41,058 41,058

012 JOINT ASSAULT BRIDGE ............................................................... 159,804 159,804

013 ABRAMS UPGRADE PROGRAM ..................................................... 697,883 1,240,283

Abrams Upgrade Predictive Maintenance (PPMX) .................. [10,000 ]

Program increase ......................................................................... [532,400 ]

014 ABRAMS UPGRADE PROGRAM AP ............................................... 102,440 102,440

WEAPONS & OTHER COMBAT VEHICLES

016 PERSONAL DEFENSE WEAPON (ROLL) ...................................... 510 510

017 M240 MEDIUM MACHINE GUN (7.62MM) ................................... 425 425

019 MACHINE GUN, CAL .50 M2 ROLL ............................................... 3,420 3,420

020 MORTAR SYSTEMS .......................................................................... 8,013 8,013

021 LOCATION & AZIMUTH DETERMINATION SYSTEM (LADS ... 3,174 3,174

022 XM320 GRENADE LAUNCHER MODULE (GLM) ........................ 14,143 14,143

023 PRECISION SNIPER RIFLE ............................................................ 5,248 5,248

024 CARBINE ............................................................................................ 571 8,571

Program Increase—M4 carbine upper receivers ....................... [8,000 ]

025 NEXT GENERATION SQUAD WEAPON ....................................... 292,850 292,850

026 HANDGUN .......................................................................................... 32 32

MOD OF WEAPONS AND OTHER COMBAT VEH

028 M777 MODS ........................................................................................ 18,920 18,920

031 M119 MODIFICATIONS .................................................................... 13,097 13,097

032 MORTAR MODIFICATION ............................................................... 423 423

SUPPORT EQUIPMENT & FACILITIES

033 ITEMS LESS THAN $5.0M (WOCV-WTCV) ................................... 1,148 1,148

034 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................... 115,024 115,024

TOTAL PROCUREMENT OF WEAPONS AND

TRACKED COMBAT VEHICLES, ARMY.

3,765,521 4,704,617

PROCUREMENT OF AMMUNITION, ARMY

SMALL/MEDIUM CAL AMMUNITION

001 CTG, 5.56MM, ALL TYPES ............................................................... 90,853 90,853

002 CTG, 7.62MM, ALL TYPES ............................................................... 65,370 80,370

Program increase ......................................................................... [15,000 ]

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137 STAT. 839 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

003 NEXT GENERATION SQUAD WEAPON AMMUNITION ............ 191,244 191,244

004 CTG, HANDGUN, ALL TYPES ......................................................... 6,597 6,597

005 CTG, .50 CAL, ALL TYPES ............................................................... 41,534 64,402

Program increase ......................................................................... [22,868 ]

006 CTG, 20MM, ALL TYPES .................................................................. 7,925 7,925

007 CTG, 25MM, ALL TYPES .................................................................. 38,760 31,503

Excess to need .............................................................................. [–7,257 ]

008 CTG, 30MM, ALL TYPES .................................................................. 107,805 107,805

009 CTG, 40MM, ALL TYPES .................................................................. 148,970 148,970

010 CTG, 50MM, ALL TYPES .................................................................. 28,000 28,000

MORTAR AMMUNITION

011 60MM MORTAR, ALL TYPES .......................................................... 35,160 35,160

012 81MM MORTAR, ALL TYPES .......................................................... 40,562 40,562

013 120MM MORTAR, ALL TYPES ........................................................ 106,784 106,784

TANK AMMUNITION

014 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 300,368 300,368

ARTILLERY AMMUNITION

015 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........ 21,298 21,298

016 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 150,839 150,839

018 PRECISION ARTILLERY MUNITIONS .......................................... 96,406 96,406

019 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 172,947 172,947

MINES

020 MINES & CLEARING CHARGES, ALL TYPES ............................. 71,182 71,182

021 CLOSE TERRAIN SHAPING OBSTACLE ...................................... 55,374 55,374

ROCKETS

022 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 18,630 18,630

023 ROCKET, HYDRA 70, ALL TYPES .................................................. 87,293 87,293

OTHER AMMUNITION

024 CAD/PAD, ALL TYPES ...................................................................... 6,564 6,564

025 DEMOLITION MUNITIONS, ALL TYPES ...................................... 24,238 24,238

026 GRENADES, ALL TYPES ................................................................. 48,374 48,374

027 SIGNALS, ALL TYPES ...................................................................... 23,252 23,252

028 SIMULATORS, ALL TYPES ............................................................. 11,309 11,309

MISCELLANEOUS

030 AMMO COMPONENTS, ALL TYPES .............................................. 3,976 3,976

031 NON-LETHAL AMMUNITION, ALL TYPES .................................. 3,281 3,281

032 ITEMS LESS THAN $5 MILLION (AMMO) ................................... 17,436 17,436

033 AMMUNITION PECULIAR EQUIPMENT ...................................... 13,133 13,133

034 FIRST DESTINATION TRANSPORTATION (AMMO) .................. 18,068 18,068

035 CLOSEOUT LIABILITIES ................................................................ 102 102

PRODUCTION BASE SUPPORT

036 INDUSTRIAL FACILITIES ............................................................... 726,135 726,135

037 CONVENTIONAL MUNITIONS DEMILITARIZATION ................ 183,752 183,752

038 ARMS INITIATIVE ............................................................................ 4,057 4,057

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 2,967,578 2,998,189

OTHER PROCUREMENT, ARMY

TACTICAL VEHICLES

001 SEMITRAILERS, FLATBED: ............................................................ 22,751 22,751

002 SEMITRAILERS, TANKERS ............................................................ 40,359 40,359

003 HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................ 25,904 25,904

004 GROUND MOBILITY VEHICLES (GMV) ....................................... 36,223 36,223

006 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL ........ 839,413 837,318

Unit cost increases ...................................................................... [–2,095 ]

007 TRUCK, DUMP, 20T (CCE) .............................................................. 20,075 35,075

Program increase ......................................................................... [15,000 ]

008 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 110,734 110,734

009 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE ........... 28,745 28,745

010 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............ 55,340 55,340

011 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 66,428 166,428

Program increase ......................................................................... [100,000 ]

012 PLS ESP .............................................................................................. 51,868 51,868

014 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 3,792 3,792

015 MODIFICATION OF IN SVC EQUIP .............................................. 80,326 137,826

HMMWV ABS/ESC ..................................................................... [57,500 ]

NON-TACTICAL VEHICLES

016 PASSENGER CARRYING VEHICLES ............................................ 2,203 2,203

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137 STAT. 840 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

017 NONTACTICAL VEHICLES, OTHER ............................................. 8,246 8,246

COMM—JOINT COMMUNICATIONS

018 SIGNAL MODERNIZATION PROGRAM ........................................ 161,585 151,185

Program decrease ........................................................................ [–10,400 ]

019 TACTICAL NETWORK TECHNOLOGY MOD IN SVC ................. 358,646 356,143

On-the-Move Sattelite Communications Terminals ................. [9,500 ]

SATCOM obsolescence previously funded ................................. [–12,003 ]

020 DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI ..... 254 254

021 JCSE EQUIPMENT (USRDECOM) .................................................. 5,097 5,097

COMM—SATELLITE COMMUNICATIONS

024 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....... 101,181 101,181

025 TRANSPORTABLE TACTICAL COMMAND COMMUNICA-

TIONS.

54,849 54,849

026 SHF TERM .......................................................................................... 41,634 41,634

027 ASSURED POSITIONING, NAVIGATION AND TIMING ............. 202,370 202,370

028 EHF SATELLITE COMMUNICATION ............................................ 19,122 19,122

030 GLOBAL BRDCST SVC—GBS .......................................................... 531 531

COMM—C3 SYSTEM

031 COE TACTICAL SERVER INFRASTRUCTURE (TSI) ................... 77,999 77,999

COMM—COMBAT COMMUNICATIONS

032 HANDHELD MANPACK SMALL FORM FIT (HMS) .................... 765,109 760,066

Excess to need .............................................................................. [–5,043 ]

033 ARMY LINK 16 SYSTEMS ............................................................... 60,767 60,767

035 UNIFIED COMMAND SUITE .......................................................... 18,999 18,999

036 COTS COMMUNICATIONS EQUIPMENT ..................................... 492,001 484,901

Program decrease ........................................................................ [–7,100 ]

037 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE ..... 1,374 1,374

038 ARMY COMMUNICATIONS & ELECTRONICS ............................ 52,485 52,485

COMM—INTELLIGENCE COMM

039 CI AUTOMATION ARCHITECTURE-INTEL ................................. 16,767 16,767

041 MULTI-DOMAIN INTELLIGENCE ................................................. 119,989 119,989

INFORMATION SECURITY

042 INFORMATION SYSTEM SECURITY PROGRAM-ISSP .............. 701 701

043 COMMUNICATIONS SECURITY (COMSEC) ................................ 159,712 159,712

044 DEFENSIVE CYBER OPERATIONS ............................................... 13,848 13,848

045 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO ....... 1,502 1,502

047 BIOMETRIC ENABLING CAPABILITY (BEC) .............................. 453 453

COMM—LONG HAUL COMMUNICATIONS

049 BASE SUPPORT COMMUNICATIONS ........................................... 23,278 23,278

COMM—BASE COMMUNICATIONS

050 INFORMATION SYSTEMS ............................................................... 32,608 32,608

051 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,949 4,949

052 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ... 243,011 243,011

ELECT EQUIP—TACT INT REL ACT (TIARA)

055 JTT/CIBS-M ........................................................................................ 8,543 8,543

056 TERRESTRIAL LAYER SYSTEMS (TLS) ....................................... 85,486 85,486

058 DCGS-A-INTEL .................................................................................. 2,980 2,980

060 TROJAN .............................................................................................. 30,649 30,649

061 MOD OF IN-SVC EQUIP (INTEL SPT) ........................................... 4,169 4,169

062 BIOMETRIC TACTICAL COLLECTION DEVICES ....................... 932 932

ELECT EQUIP—ELECTRONIC WARFARE (EW)

063 EW PLANNING & MANAGEMENT TOOLS (EWPMT) ................ 21,278 21,278

064 AIR VIGILANCE (AV) ....................................................................... 6,641 6,641

065 MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST ... 15,941 15,941

067 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 22,833 22,833

068 CI MODERNIZATION ....................................................................... 434 434

ELECT EQUIP—TACTICAL SURV. (TAC SURV)

069 SENTINEL MODS ............................................................................. 161,886 161,886

070 NIGHT VISION DEVICES ................................................................ 141,143 98,722

Rephase to RDT&E for IVAS 1.2 Development ........................ [–39,137 ]

Restore acquisition accountability: Government program

management costs.

[–3,284 ]

071 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 15,484 15,484

073 FAMILY OF WEAPON SIGHTS (FWS) ........................................... 185,634 185,634

074 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ... 3,652 3,652

075 FORWARD LOOKING INFRARED (IFLIR) .................................... 20,438 20,438

076 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) .. 365,376 305,376

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137 STAT. 841 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

Execution delays .......................................................................... [–60,000 ]

077 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 215,290 210,066

Unjustified Cost Growth—Fielding and Systems Engineering [–5,224 ]

078 JOINT EFFECTS TARGETING SYSTEM (JETS) .......................... 8,932 8,932

079 COMPUTER BALLISTICS: LHMBC XM32 ..................................... 2,965 2,965

080 MORTAR FIRE CONTROL SYSTEM .............................................. 8,024 8,024

081 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS ............ 7,399 7,399

082 COUNTERFIRE RADARS ................................................................. 99,782 99,782

ELECT EQUIP—TACTICAL C2 SYSTEMS

083 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ... 78,512 78,512

084 FIRE SUPPORT C2 FAMILY ............................................................ 10,052 10,052

085 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 68,892 68,892

086 IAMD BATTLE COMMAND SYSTEM ............................................. 412,556 395,456

Excess Interim Contractor Support ........................................... [–17,100 ]

087 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................ 4,270 4,270

088 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 37,194 37,194

089 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ........... 1,987 1,987

090 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP .... 5,318 5,318

091 MOD OF IN-SVC EQUIPMENT (ENFIRE) ..................................... 4,997 4,997

ELECT EQUIP—AUTOMATION

092 ARMY TRAINING MODERNIZATION ............................................ 10,130 10,130

093 AUTOMATED DATA PROCESSING EQUIP .................................. 61,489 61,489

094 ACCESSIONS INFORMATION ENVIRONMENT (AIE) ............... 4,198 4,198

096 HIGH PERF COMPUTING MOD PGM (HPCMP) .......................... 76,053 76,053

097 CONTRACT WRITING SYSTEM ...................................................... 6,061 6,061

098 CSS COMMUNICATIONS ................................................................. 56,804 56,804

CLASSIFIED PROGRAMS

151A CLASSIFIED PROGRAMS ................................................................ 1,781 1,781

CHEMICAL DEFENSIVE EQUIPMENT

102 BASE DEFENSE SYSTEMS (BDS) .................................................. 70,781 70,781

103 CBRN DEFENSE ............................................................................... 63,198 63,198

BRIDGING EQUIPMENT

104 TACTICAL BRIDGING ...................................................................... 1,157 1,157

105 TACTICAL BRIDGE, FLOAT-RIBBON ........................................... 82,228 82,228

106 BRIDGE SUPPLEMENTAL SET ...................................................... 4,414 4,414

ENGINEER (NON-CONSTRUCTION) EQUIPMENT

110 ROBOTICS AND APPLIQUE SYSTEMS ......................................... 68,893 68,893

112 FAMILY OF BOATS AND MOTORS ............................................... 4,785 4,785

COMBAT SERVICE SUPPORT EQUIPMENT

113 HEATERS AND ECU’S ...................................................................... 7,617 7,617

115 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 5,356 5,356

116 GROUND SOLDIER SYSTEM .......................................................... 167,129 154,262

Excess to need .............................................................................. [–12,867 ]

117 MOBILE SOLDIER POWER ............................................................. 15,967 15,967

118 FORCE PROVIDER ........................................................................... 34,200 34,200

120 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 45,792 45,792

121 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 12,118 12,118

PETROLEUM EQUIPMENT

123 QUALITY SURVEILLANCE EQUIPMENT .................................... 2,507 2,507

124 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 40,989 40,989

MEDICAL EQUIPMENT

125 COMBAT SUPPORT MEDICAL ....................................................... 86,829 86,829

MAINTENANCE EQUIPMENT

126 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 17,287 17,287

CONSTRUCTION EQUIPMENT

128 TRACTOR, FULL TRACKED ............................................................ 29,878 29,878

129 ALL TERRAIN CRANES ................................................................... 27,725 30,725

FOATC Type I Cranes ................................................................ [3,000 ]

131 FAMILY OF DIVER SUPPORT EQUIPMENT ............................... 1,811 1,811

132 CONST EQUIP ESP ........................................................................... 8,898 8,898

RAIL FLOAT CONTAINERIZATION EQUIPMENT

133 ARMY WATERCRAFT ESP .............................................................. 30,592 30,592

134 MANEUVER SUPPORT VESSEL (MSV) ........................................ 149,449 191,476

One additional vessel .................................................................. [42,027 ]

GENERATORS

136 GENERATORS AND ASSOCIATED EQUIP ................................... 78,364 78,364

137 TACTICAL ELECTRIC POWER RECAPITALIZATION ................ 11,088 11,088

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137 STAT. 842 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

MATERIAL HANDLING EQUIPMENT

138 FAMILY OF FORKLIFTS .................................................................. 12,982 12,982

TRAINING EQUIPMENT

139 COMBAT TRAINING CENTERS SUPPORT ................................... 56,619 56,619

140 TRAINING DEVICES, NONSYSTEM .............................................. 226,379 226,379

141 SYNTHETIC TRAINING ENVIRONMENT (STE) .......................... 234,965 234,965

142 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .. 9,698 9,698

TEST MEASURE AND DIG EQUIPMENT (TMD)

143 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 36,149 36,149

144 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................... 32,623 32,623

OTHER SUPPORT EQUIPMENT

145 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 132,739 132,739

146 BASE LEVEL COMMON EQUIPMENT .......................................... 34,460 34,460

147 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................... 35,239 35,239

148 BUILDING, PRE-FAB, RELOCATABLE ......................................... 31,011 31,011

149 SPECIAL EQUIPMENT FOR TEST AND EVALUATION ............. 52,481 52,481

OPA2

151 INITIAL SPARES—C&E ................................................................... 9,169 9,169

TOTAL OTHER PROCUREMENT, ARMY ...................... 8,672,979 8,725,753

AIRCRAFT PROCUREMENT, NAVY

COMBAT AIRCRAFT

001 F/A–18E/F (FIGHTER) HORNET ..................................................... 41,329 41,329

002 JOINT STRIKE FIGHTER CV .......................................................... 2,410,569 2,382,069

Flyaway unit cost growth ........................................................... [–28,500 ]

003 JOINT STRIKE FIGHTER CV AP .................................................... 189,425 189,425

004 JSF STOVL ......................................................................................... 2,126,317 2,083,651

Flyaway unit cost growth ........................................................... [–42,666 ]

005 JSF STOVL AP ................................................................................... 193,125 193,125

006 CH–53K (HEAVY LIFT) .................................................................... 1,698,050 1,698,050

007 CH–53K (HEAVY LIFT) AP .............................................................. 456,567 456,567

008 V–22 (MEDIUM LIFT) ....................................................................... 27,216 162,216

Program increase—one additional CMV–22 aircraft ................ [135,000 ]

009 H–1 UPGRADES (UH–1Y/AH–1Z) ................................................... 4,292 4,292

010 P–8A POSEIDON ............................................................................... 31,257 391,257

Two additional aircraft ............................................................... [360,000 ]

011 E–2D ADV HAWKEYE ...................................................................... 182,817 620,817

Two additional aircraft ............................................................... [438,000 ]

TRAINER AIRCRAFT

013 MULTI-ENGINE TRAINING SYSTEM (METS) ............................. 289,141 289,141

OTHER AIRCRAFT

015 KC–130J .............................................................................................. 241,291 241,291

017 MQ–4 TRITON .................................................................................... 416,010 416,010

019 MQ–8 UAV .......................................................................................... 1,546 1,546

021 MQ–25 ................................................................................................. 545,697 346,697

Scheduling delays ........................................................................ [–199,000 ]

022 MQ–25 AP ........................................................................................... 50,576 37,976

Scheduling delays ........................................................................ [–12,600 ]

023 MARINE GROUP 5 UAS ................................................................... 89,563 86,063

Ancillary Equipment carryover .................................................. [–3,500 ]

023A UC–12W .............................................................................................. 45,000

USMC UPL—2 additional aircraft ............................................. [45,000 ]

MODIFICATION OF AIRCRAFT

024 F–18 A-D UNIQUE ............................................................................ 116,551 116,551

025 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM ..... 605,416 605,416

026 MARINE GROUP 5 UAS SERIES .................................................... 98,063 98,063

027 AEA SYSTEMS ................................................................................... 24,110 24,110

028 AV–8 SERIES ..................................................................................... 22,829 22,829

029 INFRARED SEARCH AND TRACK (IRST) ..................................... 179,193 179,193

030 ADVERSARY ...................................................................................... 69,336 69,336

031 F–18 SERIES ...................................................................................... 640,236 634,424

F/A–18 C/D/E/F and EA–18G training equipment previously

funded.

[–5,812 ]

032 H–53 SERIES ...................................................................................... 41,414 41,414

033 MH–60 SERIES .................................................................................. 106,495 106,495

034 H–1 SERIES ........................................................................................ 114,284 124,284

UH–1Y—SIEPU Upgrades ......................................................... [10,000 ]

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137 STAT. 843 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

035 EP–3 SERIES ...................................................................................... 8,548 8,548

036 E–2 SERIES ........................................................................................ 183,246 183,246

037 TRAINER A/C SERIES ...................................................................... 16,376 16,376

039 C–130 SERIES .................................................................................... 198,220 194,193

Technical insertion (OSIP 019–14) Block 7 GFE unjustified

growth.

[–4,027 ]

040 FEWSG ................................................................................................ 651 651

041 CARGO/TRANSPORT A/C SERIES .................................................. 13,930 13,930

042 E–6 SERIES ........................................................................................ 164,571 164,571

043 EXECUTIVE HELICOPTERS SERIES ............................................ 60,498 60,498

044 T–45 SERIES ...................................................................................... 170,357 170,357

045 POWER PLANT CHANGES .............................................................. 21,079 21,079

046 JPATS SERIES ................................................................................... 28,005 28,005

048 COMMON ECM EQUIPMENT ......................................................... 53,614 53,614

049 COMMON AVIONICS CHANGES .................................................... 136,199 136,199

050 COMMON DEFENSIVE WEAPON SYSTEM ................................. 6,585 6,585

051 ID SYSTEMS ...................................................................................... 13,085 13,085

052 P–8 SERIES ........................................................................................ 316,168 316,168

053 MAGTF EW FOR AVIATION ............................................................ 24,901 24,901

054 MQ–8 SERIES .................................................................................... 14,700 14,700

055 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 215,997 226,887

V–22 Nacelle Improvement ........................................................ [10,890 ]

056 NEXT GENERATION JAMMER (NGJ) ........................................... 426,396 423,876

Contract savings .......................................................................... [–2,520 ]

057 F–35 STOVL SERIES ........................................................................ 311,921 311,921

058 F–35 CV SERIES ................................................................................ 166,909 166,909

059 QRC ..................................................................................................... 28,206 28,206

060 MQ–4 SERIES .................................................................................... 93,951 90,163

OSIP (003–23) previously funded ............................................... [–3,788 ]

AIRCRAFT SPARES AND REPAIR PARTS

062 SPARES AND REPAIR PARTS ........................................................ 2,451,244 2,451,244

AIRCRAFT SUPPORT EQUIP & FACILITIES

063 COMMON GROUND EQUIPMENT ................................................. 566,156 561,156

Program decrease ........................................................................ [–5,000 ]

064 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 133,815 133,815

065 WAR CONSUMABLES ...................................................................... 44,632 44,632

066 OTHER PRODUCTION CHARGES .................................................. 49,907 49,907

067 SPECIAL SUPPORT EQUIPMENT ................................................. 404,178 384,850

Flyaway unit cost growth ........................................................... [–19,328 ]

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 17,336,760 18,008,909

WEAPONS PROCUREMENT, NAVY

BALLISTIC MISSILES

001 CONVENTIONAL PROMPT STRIKE .............................................. 341,434 256,076

Early to need ................................................................................ [–85,358 ]

MODIFICATION OF MISSILES

002 TRIDENT II MODS ............................................................................ 1,284,705 1,284,705

SUPPORT EQUIPMENT & FACILITIES

003 MISSILE INDUSTRIAL FACILITIES .............................................. 7,954 7,954

STRATEGIC MISSILES

004 TOMAHAWK ...................................................................................... 72,908 72,908

TACTICAL MISSILES

005 AMRAAM ............................................................................................ 439,153 439,153

006 SIDEWINDER .................................................................................... 78,165 75,306

AUR Block II unit cost increase ................................................. [–2,859 ]

007 STANDARD MISSILE ....................................................................... 969,525 969,525

008 STANDARD MISSILE AP ................................................................. 227,320 227,320

009 SMALL DIAMETER BOMB II .......................................................... 65,863 64,497

AUR unit cost growth ................................................................. [–1,366 ]

010 RAM ..................................................................................................... 114,896 114,896

011 JOINT AIR GROUND MISSILE (JAGM) ......................................... 79,292 79,292

012 HELLFIRE .......................................................................................... 6,923 6,923

013 AERIAL TARGETS ............................................................................ 176,588 176,588

014 OTHER MISSILE SUPPORT ............................................................ 3,687 3,687

015 LRASM ................................................................................................ 639,636 639,636

016 NAVAL STRIKE MISSILE (NSM) .................................................... 29,925 29,925

017 NAVAL STRIKE MISSILE (NSM) AP .............................................. 5,755 5,755

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137 STAT. 844 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

MODIFICATION OF MISSILES

018 TOMAHAWK MODS .......................................................................... 540,944 508,455

Contract award delays ................................................................ [–32,489 ]

019 ESSM ................................................................................................... 290,129 290,129

020 AARGM-ER ......................................................................................... 162,429 162,429

021 AARGM-ER AP ................................................................................... 33,273 33,273

022 STANDARD MISSILES MODS ......................................................... 89,255 89,255

SUPPORT EQUIPMENT & FACILITIES

023 WEAPONS INDUSTRIAL FACILITIES .......................................... 2,037 2,037

ORDNANCE SUPPORT EQUIPMENT

025 ORDNANCE SUPPORT EQUIPMENT ............................................ 208,154 208,154

TORPEDOES AND RELATED EQUIP

026 SSTD .................................................................................................... 4,830 4,830

027 MK–48 TORPEDO .............................................................................. 308,497 308,497

028 ASW TARGETS .................................................................................. 14,817 14,817

MOD OF TORPEDOES AND RELATED EQUIP

029 MK–54 TORPEDO MODS ................................................................. 104,086 104,086

030 MK–48 TORPEDO ADCAP MODS ................................................... 20,714 20,714

031 MARITIME MINES ............................................................................ 58,800 58,800

SUPPORT EQUIPMENT

032 TORPEDO SUPPORT EQUIPMENT ............................................... 133,187 133,187

033 ASW RANGE SUPPORT ................................................................... 4,146 4,146

DESTINATION TRANSPORTATION

034 FIRST DESTINATION TRANSPORTATION .................................. 5,811 5,811

GUNS AND GUN MOUNTS

035 SMALL ARMS AND WEAPONS ....................................................... 14,165 14,165

MODIFICATION OF GUNS AND GUN MOUNTS

036 CIWS MODS ....................................................................................... 4,088 4,088

037 COAST GUARD WEAPONS .............................................................. 55,172 55,172

038 GUN MOUNT MODS ......................................................................... 82,682 82,682

039 LCS MODULE WEAPONS ................................................................ 3,264 3,264

040 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................... 14,357 14,357

SPARES AND REPAIR PARTS

042 SPARES AND REPAIR PARTS ........................................................ 177,819 177,819

TOTAL WEAPONS PROCUREMENT, NAVY ................. 6,876,385 6,754,313

PROCUREMENT OF AMMUNITION, NAVY AND MARINE

CORPS

NAVY AMMUNITION

001 GENERAL PURPOSE BOMBS ......................................................... 43,519 38,893

O2181 laser guided bombs contract award delay ..................... [–4,626 ]

002 JDAM ................................................................................................... 73,689 73,689

003 AIRBORNE ROCKETS, ALL TYPES ............................................... 67,423 62,228

MK 66 rocket motor unit cost growth ........................................ [–5,195 ]

004 MACHINE GUN AMMUNITION ...................................................... 11,862 11,862

005 PRACTICE BOMBS ........................................................................... 52,481 46,325

01050 BLU–109 contract award delay ....................................... [–6,156 ]

006 CARTRIDGES & CART ACTUATED DEVICES ............................. 72,426 72,426

007 AIR EXPENDABLE COUNTERMEASURES .................................. 104,529 104,529

008 JATOS ................................................................................................. 7,433 7,433

009 5 INCH/54 GUN AMMUNITION ...................................................... 30,871 25,841

Insufficient justification .............................................................. [–5,030 ]

010 INTERMEDIATE CALIBER GUN AMMUNITION ........................ 41,261 41,261

011 OTHER SHIP GUN AMMUNITION ................................................ 44,044 44,044

012 SMALL ARMS & LANDING PARTY AMMO .................................. 48,478 48,478

013 PYROTECHNIC AND DEMOLITION .............................................. 9,521 9,521

014 AMMUNITION LESS THAN $5 MILLION ..................................... 1,679 1,679

015 EXPEDITIONARY LOITERING MUNITIONS ............................... 249,575 299,575

Goalkeeper ................................................................................... [50,000 ]

MARINE CORPS AMMUNITION

016 MORTARS ........................................................................................... 61,274 61,274

017 DIRECT SUPPORT MUNITIONS .................................................... 73,338 73,338

018 INFANTRY WEAPONS AMMUNITION .......................................... 178,240 176,255

AB39, CTG. 7.62 millimeter MK 316 mod contract award

delay.

[–602 ]

Excess to need: Cartridge, caliber 50 4 API M8/1 API–T M20

linked.

[–157 ]

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137 STAT. 845 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

Excess to need: Cartridge, Caliber 50 Linked MK322 Mod 1/

Ball (1000m cap).

[–1,226 ]

019 COMBAT SUPPORT MUNITIONS .................................................. 15,897 15,897

020 AMMO MODERNIZATION ............................................................... 17,941 17,941

021 ARTILLERY MUNITIONS ................................................................ 82,452 82,452

022 ITEMS LESS THAN $5 MILLION ................................................... 5,340 5,340

TOTAL PROCUREMENT OF AMMUNITION, NAVY

AND MARINE CORPS.

1,293,273 1,320,281

SHIPBUILDING AND CONVERSION, NAVY

FLEET BALLISTIC MISSILE SHIPS

001 OHIO REPLACEMENT SUBMARINE ............................................. 2,443,598 2,443,598

002 OHIO REPLACEMENT SUBMARINE AP ...................................... 3,390,734 3,390,734

OTHER WARSHIPS

003 CARRIER REPLACEMENT PROGRAM .......................................... 1,115,296 1,115,296

004 CVN–81 ............................................................................................... 800,492 800,492

005 VIRGINIA CLASS SUBMARINE ...................................................... 7,129,965 7,129,965

006 VIRGINIA CLASS SUBMARINE AP ............................................... 3,215,539 3,215,539

008 CVN REFUELING OVERHAULS AP .............................................. 817,646 802,988

Excess growth .............................................................................. [–14,658 ]

009 DDG 1000 ............................................................................................ 410,400 410,400

010 DDG–51 ............................................................................................... 4,199,179 4,199,179

011 DDG–51 AP ......................................................................................... 284,035 784,035

Program increase ......................................................................... [500,000 ]

013 FFG-FRIGATE .................................................................................... 2,173,698 2,163,698

Insufficient justification .............................................................. [–10,000 ]

AMPHIBIOUS SHIPS

014 LPD FLIGHT II .................................................................................. 1,000,000

Program increase for LPD–33—USMC UFR ............................ [1,000,000 ]

018 LHA REPLACEMENT ....................................................................... 1,830,149 1,830,149

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST

021 AS SUBMARINE TENDER ............................................................... 1,733,234 248,000

Late contract award .................................................................... [–1,485,234 ]

022 TAO FLEET OILER ........................................................................... 815,420 815,420

025 LCU 1700 ............................................................................................ 62,532 62,532

026 OUTFITTING ...................................................................................... 557,365 539,681

Outfitting early to need .............................................................. [–17,684 ]

028 SERVICE CRAFT ............................................................................... 63,815 93,815

Yard, Repair, Berthing, and Messing Barge ............................. [30,000 ]

029 AUXILIARY PERSONNEL LIGHTER ............................................. 72,000

Additional APL–67 class berthing barge ................................... [72,000 ]

030 LCAC SLEP ........................................................................................ 15,286 15,286

031 AUXILIARY VESSELS (USED SEALIFT) ....................................... 142,008 142,008

032 COMPLETION OF PY SHIPBUILDING PROGRAMS ................... 1,648,559 1,648,559

TOTAL SHIPBUILDING AND CONVERSION, NAVY .. 32,848,950 32,923,374

OTHER PROCUREMENT, NAVY

SHIP PROPULSION EQUIPMENT

001 SURFACE POWER EQUIPMENT .................................................... 14,003 14,003

GENERATORS

002 SURFACE COMBATANT HM&E ..................................................... 105,441 100,100

DDG 51 ship control system cost growth .................................. [–5,341 ]

NAVIGATION EQUIPMENT

003 OTHER NAVIGATION EQUIPMENT .............................................. 110,286 110,286

OTHER SHIPBOARD EQUIPMENT

004 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG ............. 262,951 262,951

005 DDG MOD ........................................................................................... 628,532 637,532

Navy Common Actuator .............................................................. [9,000 ]

006 FIREFIGHTING EQUIPMENT ........................................................ 34,782 34,782

007 COMMAND AND CONTROL SWITCHBOARD .............................. 2,458 2,458

008 LHA/LHD MIDLIFE ........................................................................... 104,369 104,369

009 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM ..................... 10,529 10,529

010 POLLUTION CONTROL EQUIPMENT ........................................... 23,272 23,272

011 SUBMARINE SUPPORT EQUIPMENT .......................................... 112,526 112,526

012 VIRGINIA CLASS SUPPORT EQUIPMENT ................................... 32,076 32,076

013 LCS CLASS SUPPORT EQUIPMENT ............................................. 18,832 18,832

014 SUBMARINE BATTERIES ............................................................... 28,221 28,221

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137 STAT. 846 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

015 LPD CLASS SUPPORT EQUIPMENT ............................................. 91,890 85,274

HWISW obsolescence installation cost growth ......................... [–6,616 ]

016 DDG 1000 CLASS SUPPORT EQUIPMENT ................................... 232,124 294,024

Navy UPL ..................................................................................... [61,900 ]

017 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 25,058 25,058

018 DSSP EQUIPMENT ........................................................................... 4,623 4,623

020 LCAC ................................................................................................... 10,794 10,794

021 UNDERWATER EOD EQUIPMENT ................................................ 19,549 19,549

022 ITEMS LESS THAN $5 MILLION ................................................... 86,001 86,001

023 CHEMICAL WARFARE DETECTORS ............................................ 3,288 3,288

REACTOR PLANT EQUIPMENT

024 SHIP MAINTENANCE, REPAIR AND MODERNIZATION .......... 2,746,313 2,746,313

025 REACTOR POWER UNITS ............................................................... 2,016 2,016

026 REACTOR COMPONENTS ............................................................... 390,148 390,148

OCEAN ENGINEERING

027 DIVING AND SALVAGE EQUIPMENT .......................................... 18,086 18,086

SMALL BOATS

028 STANDARD BOATS ........................................................................... 74,963 83,963

40-foot Patrol Boats ..................................................................... [9,000 ]

PRODUCTION FACILITIES EQUIPMENT

029 OPERATING FORCES IPE ............................................................... 187,495 187,495

OTHER SHIP SUPPORT

030 LCS COMMON MISSION MODULES EQUIPMENT .................... 49,060 49,060

031 LCS MCM MISSION MODULES ..................................................... 93,961 79,670

Excess to need .............................................................................. [–14,291 ]

033 LCS SUW MISSION MODULES ...................................................... 12,102 12,102

034 LCS IN-SERVICE MODERNIZATION ............................................. 171,704 154,674

Excessive cost growth .................................................................. [–17,030 ]

035 SMALL & MEDIUM UUV ................................................................. 61,951 61,951

LOGISTIC SUPPORT

036 LSD MIDLIFE & MODERNIZATION .............................................. 7,594 7,594

SHIP SONARS

037 SPQ–9B RADAR ................................................................................. 7,267 7,267

038 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................. 138,065 138,065

039 SSN ACOUSTIC EQUIPMENT ........................................................ 463,577 463,577

040 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................ 23,452 23,452

ASW ELECTRONIC EQUIPMENT

041 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................ 46,726 46,726

042 SSTD .................................................................................................... 14,560 14,560

043 FIXED SURVEILLANCE SYSTEM .................................................. 420,069 420,069

044 SURTASS ............................................................................................ 33,910 33,910

ELECTRONIC WARFARE EQUIPMENT

045 AN/SLQ–32 .......................................................................................... 329,513 329,513

RECONNAISSANCE EQUIPMENT

046 SHIPBOARD IW EXPLOIT ............................................................... 379,230 362,305

Excessive cost growth .................................................................. [–16,925 ]

047 AUTOMATED IDENTIFICATION SYSTEM (AIS) ......................... 4,082 4,082

OTHER SHIP ELECTRONIC EQUIPMENT

048 COOPERATIVE ENGAGEMENT CAPABILITY ............................. 37,677 37,677

049 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ... 15,374 15,374

050 ATDLS ................................................................................................. 50,148 50,148

051 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ................. 3,918 3,918

052 MINESWEEPING SYSTEM REPLACEMENT ................................ 16,814 16,814

054 NAVSTAR GPS RECEIVERS (SPACE) ............................................ 37,319 37,319

055 AMERICAN FORCES RADIO AND TV SERVICE ......................... 2,750 2,750

056 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 6,437 6,437

AVIATION ELECTRONIC EQUIPMENT

057 ASHORE ATC EQUIPMENT ............................................................ 89,237 89,237

058 AFLOAT ATC EQUIPMENT ............................................................. 90,487 88,369

Excessive cost growth .................................................................. [–2,118 ]

059 ID SYSTEMS ...................................................................................... 59,234 59,234

060 JOINT PRECISION APPROACH AND LANDING SYSTEM ........ 3,343 3,343

061 NAVAL MISSION PLANNING SYSTEMS ...................................... 39,180 39,180

OTHER SHORE ELECTRONIC EQUIPMENT

062 MARITIME INTEGRATED BROADCAST SYSTEM ...................... 6,994 6,994

063 TACTICAL/MOBILE C4I SYSTEMS ................................................ 52,026 52,026

064 DCGS-N ............................................................................................... 16,579 16,579

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137 STAT. 847 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

065 CANES ................................................................................................. 467,587 467,587

066 RADIAC ............................................................................................... 16,475 16,475

067 CANES-INTELL ................................................................................. 48,207 48,207

068 GPETE ................................................................................................. 25,761 25,761

069 MASF ................................................................................................... 16,475 16,475

070 INTEG COMBAT SYSTEM TEST FACILITY ................................. 6,345 6,345

071 EMI CONTROL INSTRUMENTATION ........................................... 4,282 4,282

073 IN-SERVICE RADARS AND SENSORS .......................................... 255,256 240,256

Insufficient justification .............................................................. [–15,000 ]

SHIPBOARD COMMUNICATIONS

074 BATTLE FORCE TACTICAL NETWORK ....................................... 74,180 74,180

075 SHIPBOARD TACTICAL COMMUNICATIONS ............................. 29,776 29,776

076 SHIP COMMUNICATIONS AUTOMATION ................................... 96,916 96,916

077 COMMUNICATIONS ITEMS UNDER $5M .................................... 14,107 14,107

SUBMARINE COMMUNICATIONS

078 SUBMARINE BROADCAST SUPPORT ........................................... 73,791 73,791

079 SUBMARINE COMMUNICATION EQUIPMENT .......................... 83,178 83,178

SATELLITE COMMUNICATIONS

080 SATELLITE COMMUNICATIONS SYSTEMS ................................ 72,871 72,871

081 NAVY MULTIBAND TERMINAL (NMT) ........................................ 37,921 37,921

SHORE COMMUNICATIONS

082 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 5,065 5,065

CRYPTOGRAPHIC EQUIPMENT

083 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................ 154,890 154,890

084 MIO INTEL EXPLOITATION TEAM ............................................... 1,079 1,079

CRYPTOLOGIC EQUIPMENT

085 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 17,483 17,483

OTHER ELECTRONIC SUPPORT

086 COAST GUARD EQUIPMENT ......................................................... 77,458 77,458

SONOBUOYS

088 SONOBUOYS—ALL TYPES ............................................................. 311,177 311,177

AIRCRAFT SUPPORT EQUIPMENT

089 MINOTAUR ........................................................................................ 5,396 5,396

090 WEAPONS RANGE SUPPORT EQUIPMENT ................................ 147,556 147,556

091 AIRCRAFT SUPPORT EQUIPMENT ............................................... 162,273 162,273

092 ADVANCED ARRESTING GEAR (AAG) ......................................... 11,930 11,930

093 ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM (EMALS 17,836 17,836

094 METEOROLOGICAL EQUIPMENT ................................................. 19,703 19,703

095 LEGACY AIRBORNE MCM .............................................................. 12,202 12,202

097 AVIATION SUPPORT EQUIPMENT ............................................... 82,115 82,115

098 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL ... 152,687 152,687

099 ARCHITECT & CAP FOR AUTONOMY IN NAV ENTER ............ 1,612 1,612

SHIP GUN SYSTEM EQUIPMENT

100 SHIP GUN SYSTEMS EQUIPMENT ............................................... 6,404 6,404

SHIP MISSILE SYSTEMS EQUIPMENT

101 HARPOON SUPPORT EQUIPMENT ............................................... 227 227

102 SHIP MISSILE SUPPORT EQUIPMENT ........................................ 294,511 294,511

103 TOMAHAWK SUPPORT EQUIPMENT ........................................... 92,432 92,432

FBM SUPPORT EQUIPMENT

104 STRATEGIC MISSILE SYSTEMS EQUIP ...................................... 325,318 325,318

ASW SUPPORT EQUIPMENT

105 SSN COMBAT CONTROL SYSTEMS .............................................. 133,063 133,063

106 ASW SUPPORT EQUIPMENT ......................................................... 27,469 27,469

OTHER ORDNANCE SUPPORT EQUIPMENT

107 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 27,864 27,864

108 ITEMS LESS THAN $5 MILLION ................................................... 6,171 6,171

OTHER EXPENDABLE ORDNANCE

109 ANTI-SHIP MISSILE DECOY SYSTEM .......................................... 56,630 56,630

110 SUBMARINE TRAINING DEVICE MODS ..................................... 76,954 76,954

111 SURFACE TRAINING EQUIPMENT .............................................. 209,487 209,487

CIVIL ENGINEERING SUPPORT EQUIPMENT

112 PASSENGER CARRYING VEHICLES ............................................ 3,827 3,827

113 GENERAL PURPOSE TRUCKS ....................................................... 4,570 4,570

114 CONSTRUCTION & MAINTENANCE EQUIP ............................... 56,829 56,829

115 FIRE FIGHTING EQUIPMENT ....................................................... 16,583 16,583

116 TACTICAL VEHICLES ...................................................................... 24,236 24,236

117 AMPHIBIOUS EQUIPMENT ............................................................ 4,504 4,504

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137 STAT. 848 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

118 POLLUTION CONTROL EQUIPMENT ........................................... 3,898 3,898

119 ITEMS LESS THAN $5 MILLION ................................................... 67,286 67,286

120 PHYSICAL SECURITY VEHICLES ................................................. 1,286 1,286

SUPPLY SUPPORT EQUIPMENT

121 SUPPLY EQUIPMENT ...................................................................... 33,258 33,258

122 FIRST DESTINATION TRANSPORTATION .................................. 6,977 6,977

123 SPECIAL PURPOSE SUPPLY SYSTEMS ....................................... 659,529 659,529

TRAINING DEVICES

124 TRAINING SUPPORT EQUIPMENT ............................................... 2,083 2,083

125 TRAINING AND EDUCATION EQUIPMENT ................................ 106,542 106,542

COMMAND SUPPORT EQUIPMENT

126 COMMAND SUPPORT EQUIPMENT ............................................. 44,448 44,448

127 MEDICAL SUPPORT EQUIPMENT ................................................ 12,529 12,529

129 NAVAL MIP SUPPORT EQUIPMENT ............................................ 5,408 5,408

130 OPERATING FORCES SUPPORT EQUIPMENT ........................... 12,105 12,105

131 C4ISR EQUIPMENT .......................................................................... 7,670 7,670

132 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 52,597 52,597

133 PHYSICAL SECURITY EQUIPMENT ............................................. 108,901 108,901

134 ENTERPRISE INFORMATION TECHNOLOGY ............................ 42,154 42,154

OTHER

139 NEXT GENERATION ENTERPRISE SERVICE ............................. 177,585 177,585

140 CYBERSPACE ACTIVITIES ............................................................. 23,176 23,176

CLASSIFIED PROGRAMS

143A CLASSIFIED PROGRAMS ................................................................ 16,290 17,990

Program increase ......................................................................... [1,700 ]

SPARES AND REPAIR PARTS

142 SPARES AND REPAIR PARTS ........................................................ 645,900 645,900

143 VIRGINIA CLASS (VACL) SPARES AND REPAIR PARTS .......... 470,000 470,000

TOTAL OTHER PROCUREMENT, NAVY ....................... 14,535,257 14,539,536

PROCUREMENT, MARINE CORPS

TRACKED COMBAT VEHICLES

001 AAV7A1 PIP ........................................................................................ 3,353 3,353

002 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES ..... 557,564 554,064

Unjustified growth—Program Management ............................. [–3,500 ]

003 LAV PIP .............................................................................................. 42,052 42,052

ARTILLERY AND OTHER WEAPONS

004 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 489 489

005 ARTILLERY WEAPONS SYSTEM ................................................... 165,268 165,268

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 14,004 14,004

GUIDED MISSILES

007 TOMAHAWK ...................................................................................... 105,192 105,192

008 NAVAL STRIKE MISSILE (NSM) .................................................... 169,726 169,726

009 NAVAL STRIKE MISSILE (NSM) AP .............................................. 39,244 39,244

010 GROUND BASED AIR DEFENSE ................................................... 249,103 253,603

Program increase ......................................................................... [4,500 ]

011 ANTI-ARMOR MISSILE-JAVELIN .................................................. 54,883 54,883

012 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ............ 23,627 23,627

013 ANTI-ARMOR MISSILE-TOW .......................................................... 2,007 2,007

014 GUIDED MLRS ROCKET (GMLRS) ................................................ 8,867 8,867

COMMAND AND CONTROL SYSTEMS

015 COMMON AVIATION COMMAND AND CONTROL SYSTEM .... 75,382 72,908

Unjustified fielding growth ......................................................... [–2,474 ]

REPAIR AND TEST EQUIPMENT

016 REPAIR AND TEST EQUIPMENT .................................................. 53,590 53,590

OTHER SUPPORT (TEL)

017 MODIFICATION KITS ...................................................................... 1,782 1,782

COMMAND AND CONTROL SYSTEM (NON-TEL)

018 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 122,917 118,038

SBNVG unit cost growth ............................................................ [–4,879 ]

019 AIR OPERATIONS C2 SYSTEMS .................................................... 23,744 23,744

RADAR + EQUIPMENT (NON-TEL)

020 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) .................... 66,291 66,291

INTELL/COMM EQUIPMENT (NON-TEL)

021 ELECTRO MAGNETIC SPECTRUM OPERATIONS (EMSO) ...... 177,270 177,270

022 GCSS-MC ............................................................................................ 4,144 4,144

023 FIRE SUPPORT SYSTEM ................................................................. 58,483 58,483

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137 STAT. 849 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

024 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 148,062 148,062

026 UNMANNED AIR SYSTEMS (INTEL) ............................................ 52,273 48,909

Unit cost growth .......................................................................... [–3,364 ]

027 DCGS-MC ............................................................................................ 68,289 73,389

USMC UPL #5 ............................................................................. [5,100 ]

028 UAS PAYLOADS ................................................................................ 19,088 19,088

OTHER SUPPORT (NON-TEL)

031 EXPEDITIONARY SUPPORT EQUIPMENT .................................. 2,010 2,010

032 MARINE CORPS ENTERPRISE NETWORK (MCEN) .................. 259,044 244,479

Network transport excess growth .............................................. [–14,565 ]

033 COMMON COMPUTER RESOURCES ............................................ 27,966 27,966

034 COMMAND POST SYSTEMS ........................................................... 71,109 69,151

Unit cost growth .......................................................................... [–1,958 ]

035 RADIO SYSTEMS .............................................................................. 544,059 504,327

Unexecutable growth ................................................................... [–39,732 ]

036 COMM SWITCHING & CONTROL SYSTEMS ............................... 46,276 46,276

037 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 27,111 27,111

038 CYBERSPACE ACTIVITIES ............................................................. 27,583 27,583

040 UNMANNED EXPEDITIONARY SYSTEMS ................................... 13,564 13,564

CLASSIFIED PROGRAMS

057A CLASSIFIED PROGRAMS ................................................................ 2,799 2,799

ADMINISTRATIVE VEHICLES

043 COMMERCIAL CARGO VEHICLES ................................................ 34,169 34,169

TACTICAL VEHICLES

044 MOTOR TRANSPORT MODIFICATIONS ....................................... 17,299 17,299

045 JOINT LIGHT TACTICAL VEHICLE .............................................. 232,501 232,501

046 TRAILERS ........................................................................................... 2,034 2,034

ENGINEER AND OTHER EQUIPMENT

047 TACTICAL FUEL SYSTEMS ............................................................ 12,956 12,956

048 POWER EQUIPMENT ASSORTED ................................................. 28,899 28,899

049 AMPHIBIOUS SUPPORT EQUIPMENT ......................................... 15,691 15,691

050 EOD SYSTEMS .................................................................................. 41,200 41,200

MATERIALS HANDLING EQUIPMENT

051 PHYSICAL SECURITY EQUIPMENT ............................................. 53,949 53,949

GENERAL PROPERTY

052 FIELD MEDICAL EQUIPMENT ...................................................... 5,457 5,457

053 TRAINING DEVICES ........................................................................ 96,577 96,577

054 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 29,883 29,883

055 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) ............................... 17,034 17,034

OTHER SUPPORT

056 ITEMS LESS THAN $5 MILLION ................................................... 27,691 27,691

SPARES AND REPAIR PARTS

057 SPARES AND REPAIR PARTS ........................................................ 35,657 35,657

TOTAL PROCUREMENT, MARINE CORPS .................. 3,979,212 3,918,340

AIRCRAFT PROCUREMENT, AIR FORCE

STRATEGIC OFFENSIVE

001 B–21 RAIDER ..................................................................................... 1,617,093 1,617,093

002 B–21 RAIDER AP ............................................................................... 708,000 708,000

TACTICAL FORCES

003 F–35 ..................................................................................................... 4,877,121 4,773,381

Flyaway unit cost growth ........................................................... [–103,740 ]

004 F–35 AP ............................................................................................... 402,000 402,000

005 F–15EX ................................................................................................ 2,670,039 2,442,861

Other support costs unjustified growth ..................................... [–26,730 ]

Technical realignment ................................................................. [–200,448 ]

006 F–15EX AP .......................................................................................... 228,000 228,000

TACTICAL AIRLIFT

007 KC–46A MDAP ................................................................................... 2,882,590 2,835,019

Commodities activation excess to need ...................................... [–41,000 ]

Cost overestimation: Other government costs .......................... [–6,571 ]

OTHER AIRLIFT

008 C–130J ................................................................................................. 34,921 34,921

HELICOPTERS

011 MH–139A ............................................................................................. 228,807 228,807

012 COMBAT RESCUE HELICOPTER .................................................. 282,533 379,749

Obsolesence ahead of need .......................................................... [–22,784 ]

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137 STAT. 850 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

Program increase—two aircraft ................................................. [120,000 ]

MISSION SUPPORT AIRCRAFT

013 CIVIL AIR PATROL A/C ................................................................... 3,013 11,900

Program increase ......................................................................... [8,887 ]

OTHER AIRCRAFT

015 TARGET DRONES ............................................................................. 42,226 42,226

017 E–11 BACN/HAG ................................................................................ 67,367 67,367

STRATEGIC AIRCRAFT

019 B–2A .................................................................................................... 107,980 104,380

Excess to need: IFF transponder ................................................ [–3,600 ]

020 B–1B .................................................................................................... 12,757 9,782

Technical realignment ................................................................. [–2,975 ]

021 B–52 ..................................................................................................... 65,815 48,599

Cost overestimation: Tactical data links program support ...... [–3,199 ]

Technical realignment ................................................................. [–14,017 ]

022 LARGE AIRCRAFT INFRARED COUNTERMEASURES .............. 21,723 21,723

TACTICAL AIRCRAFT

024 E–11 BACN/HAG ................................................................................ 58,923 58,923

025 F–15 ..................................................................................................... 34,830 155,278

Technical realignment ................................................................. [120,448 ]

026 F–16 ..................................................................................................... 297,342 360,743

Comms suite upgrade installation delays ................................. [–5,454 ]

Comms suite upgrade kits previously funded ........................... [–5,705 ]

IVEWS restoration ...................................................................... [100,000 ]

SLEP costs previously funded .................................................... [–25,440 ]

027 F–22A .................................................................................................. 794,676 359,679

Sensor enhancement delays ........................................................ [–434,997 ]

028 F–35 MODIFICATIONS ..................................................................... 451,798 451,798

029 F–15 EPAW ......................................................................................... 280,658 264,977

SEPM unjustified growth ........................................................... [–15,681 ]

AIRLIFT AIRCRAFT

031 C–5 ....................................................................................................... 24,377 24,377

032 C–17A .................................................................................................. 140,560 140,560

033 C–32A .................................................................................................. 19,060 19,060

034 C–37A .................................................................................................. 13,454 13,454

TRAINER AIRCRAFT

035 GLIDER MODS .................................................................................. 5,270 5,270

036 T–6 ....................................................................................................... 2,942 2,942

037 T–1 ....................................................................................................... 10,950 10,950

038 T–38 ..................................................................................................... 125,340 125,340

OTHER AIRCRAFT

040 U–2 MODS .......................................................................................... 54,727 54,727

042 C–12 ..................................................................................................... 446 446

044 VC–25A MOD ...................................................................................... 29,707 29,707

045 C–40 ..................................................................................................... 8,921 8,921

046 C–130 ................................................................................................... 71,177 91,177

iMAFFS ........................................................................................ [20,000 ]

047 C–130J MODS .................................................................................... 121,258 121,258

048 C–135 ................................................................................................... 153,595 153,595

049 COMPASS CALL ................................................................................ 144,686 194,686

SABER integration on EC–37B aircraft .................................... [50,000 ]

050 COMBAT FLIGHT INSPECTION—CFIN ....................................... 446 446

051 RC–135 ................................................................................................ 220,138 220,138

052 E–3 ....................................................................................................... 1,350 1,350

053 E–4 ....................................................................................................... 13,055 13,055

056 H–1 ....................................................................................................... 816 816

057 H–60 ..................................................................................................... 4,207 4,207

060 HC/MC–130 MODIFICATIONS ........................................................ 101,055 101,055

061 OTHER AIRCRAFT ............................................................................ 54,134 73,403

Technical realignment ................................................................. [11,619 ]

Technical realignment—Sentinel Aircraft Procurement .......... [7,650 ]

062 MQ–9 MODS ....................................................................................... 98,063 98,063

064 SENIOR LEADER C3 SYSTEM—AIRCRAFT ................................. 24,847 24,847

065 CV–22 MODS ...................................................................................... 153,006 153,006

AIRCRAFT SPARES AND REPAIR PARTS

066 INITIAL SPARES/REPAIR PARTS .................................................. 781,521 772,877

Technical realignment ................................................................. [–8,644 ]

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137 STAT. 851 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

COMMON SUPPORT EQUIPMENT

067 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 157,664 157,664

POST PRODUCTION SUPPORT

068 B–2A .................................................................................................... 1,838 1,838

069 B–2B .................................................................................................... 15,207 15,207

072 MC–130J ............................................................................................. 10,117 10,117

074 F–16 ..................................................................................................... 1,075 1,075

075 F–22A .................................................................................................. 38,418 38,418

INDUSTRIAL PREPAREDNESS

079 INDUSTRIAL RESPONSIVENESS .................................................. 18,874 18,874

WAR CONSUMABLES

080 WAR CONSUMABLES ...................................................................... 27,482 27,482

OTHER PRODUCTION CHARGES

081 OTHER PRODUCTION CHARGES .................................................. 1,478,044 1,295,035

DAF requested realignment of funds ......................................... [80,000 ]

Excess to need .............................................................................. [–229,400 ]

T–7A depot activation ahead of need ......................................... [–33,609 ]

CLASSIFIED PROGRAMS

083A CLASSIFIED PROGRAMS ................................................................ 17,165 17,165

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 20,315,204 19,649,814

MISSILE PROCUREMENT, AIR FORCE

MISSILE REPLACEMENT EQUIPMENT—BALLISTIC

001 MISSILE REPLACEMENT EQ-BALLISTIC ................................... 69,319 69,319

BALLISTIC MISSILES

003 GROUND BASED STRATEGIC DETERRENT AP ......................... 539,300 539,300

STRATEGIC

004 LONG RANGE STAND-OFF WEAPON ........................................... 66,816 66,816

TACTICAL

005 REPLAC EQUIP & WAR CONSUMABLES .................................... 37,318 37,318

006 JOINT AIR-SURFACE STANDOFF MISSILE ................................ 915,996 915,996

007 JOINT AIR-SURFACE STANDOFF MISSILE AP .......................... 769,672 769,672

008 JOINT STRIKE MISSILE .................................................................. 161,011 161,011

009 LRASM0 .............................................................................................. 87,796 87,796

010 LRASM0 AP ........................................................................................ 99,871 99,871

011 SIDEWINDER (AIM–9X) ................................................................... 95,643 95,643

012 AMRAAM ............................................................................................ 489,049 489,049

013 AMRAAM AP ...................................................................................... 212,410 212,410

014 PREDATOR HELLFIRE MISSILE ................................................... 1,049 1,049

015 SMALL DIAMETER BOMB .............................................................. 48,734 48,734

016 SMALL DIAMETER BOMB II .......................................................... 291,553 291,553

017 STAND-IN ATTACK WEAPON (SIAW) ........................................... 41,947 41,947

INDUSTRIAL FACILITIES

018 INDUSTRIAL PREPAREDNESS/POL PREVENTION ................... 793 793

CLASS IV

019 ICBM FUZE MOD .............................................................................. 115,745 115,745

020 ICBM FUZE MOD AP ........................................................................ 43,044 43,044

021 MM III MODIFICATIONS ................................................................. 48,639 48,639

022 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................... 41,494 41,494

MISSILE SPARES AND REPAIR PARTS

023 MSL SPRS/REPAIR PARTS (INITIAL) ............................................ 6,840 6,840

024 MSL SPRS/REPAIR PARTS (REPLEN) ........................................... 75,191 75,191

SPECIAL PROGRAMS

029 SPECIAL UPDATE PROGRAMS ...................................................... 419,498 419,498

CLASSIFIED PROGRAMS

029A CLASSIFIED PROGRAMS ................................................................ 851,718 851,718

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 5,530,446 5,530,446

PROCUREMENT OF AMMUNITION, AIR FORCE

ROCKETS

001 ROCKETS ........................................................................................... 18,483 18,483

CARTRIDGES

002 CARTRIDGES ..................................................................................... 101,104 100,604

Small cal/ground munitions—(A143) 7.62MM ball linked unit

cost adjustment.

[–500 ]

BOMBS

004 GENERAL PURPOSE BOMBS ......................................................... 142,118 127,263

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137 STAT. 852 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

Previously funded items .............................................................. [–14,855 ]

005 MASSIVE ORDNANCE PENETRATOR (MOP) .............................. 14,074 1,250

Unjustified request ...................................................................... [–12,824 ]

006 JOINT DIRECT ATTACK MUNITION ............................................ 132,364 128,487

PSC other government costs unjustified growth ...................... [–3,877 ]

007 B–61 ..................................................................................................... 68 68

008 B61–12 TRAINER ............................................................................... 10,100 10,100

OTHER ITEMS

009 CAD/PAD ............................................................................................. 51,487 51,487

010 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 6,707 6,707

011 SPARES AND REPAIR PARTS ........................................................ 585 585

013 FIRST DESTINATION TRANSPORTATION .................................. 2,299 2,299

014 ITEMS LESS THAN $5,000,000 ....................................................... 5,115 5,115

FLARES

015 EXPENDABLE COUNTERMEASURES .......................................... 79,786 79,786

FUZES

016 FUZES ................................................................................................. 109,562 109,562

SMALL ARMS

017 SMALL ARMS .................................................................................... 29,306 29,306

TOTAL PROCUREMENT OF AMMUNITION, AIR

FORCE.

703,158 671,102

PROCUREMENT, SPACE FORCE

SPACE PROCUREMENT, SF

001 AF SATELLITE COMM SYSTEM .................................................... 64,345 64,345

003 COUNTERSPACE SYSTEMS ........................................................... 52,665 52,665

004 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS ................. 25,057 25,057

005 FABT FORCE ELEMENT TERMINAL ............................................ 121,634 121,634

007 GENERAL INFORMATION TECH—SPACE .................................. 3,451 3,451

008 GPSIII FOLLOW ON ......................................................................... 119,700 70,400

Request for Equitable Adjustment ............................................. [–49,300 ]

009 GPS III SPACE SEGMENT ............................................................... 121,770 103,670

Unjustified growth SV 03–10 production .................................. [–18,100 ]

010 GLOBAL POSTIONING (SPACE) .................................................... 893 893

011 HERITAGE TRANSITION ................................................................ 6,110 6,110

012 JOINT TACTICAL GROUND STATIONS ....................................... 580 580

013 SPACEBORNE EQUIP (COMSEC) .................................................. 83,168 83,168

014 MILSATCOM ...................................................................................... 44,672 44,672

015 SBIR HIGH (SPACE) ......................................................................... 39,438 39,438

016 SPECIAL SPACE ACTIVITIES ........................................................ 840,913 380,213

Space Force realignment of funds .............................................. [–497,000 ]

Space Force Unfunded Priorities List Classified Program A ... [36,300 ]

017 MOBILE USER OBJECTIVE SYSTEM ........................................... 101,147 101,147

018 NATIONAL SECURITY SPACE LAUNCH ..................................... 2,142,846 2,142,846

020 PTES HUB .......................................................................................... 56,482 56,482

021 ROCKET SYSTEMS LAUNCH PROGRAM ..................................... 74,848 74,848

022 SPACE DEVELOPMENT AGENCY LAUNCH ............................... 529,468 529,468

023 SPACE MODS ..................................................................................... 166,596 166,596

024 SPACELIFT RANGE SYSTEM SPACE ........................................... 114,505 114,505

SPARES

025 SPARES AND REPAIR PARTS ........................................................ 906 906

SUPPORT EQUIPMENT

026 POWER CONDITIONING EQUIPMENT ........................................ 3,100 3,100

TOTAL PROCUREMENT, SPACE FORCE ..................... 4,714,294 4,186,194

OTHER PROCUREMENT, AIR FORCE

PASSENGER CARRYING VEHICLES

001 PASSENGER CARRYING VEHICLES ............................................ 6,123 6,123

CARGO AND UTILITY VEHICLES

002 MEDIUM TACTICAL VEHICLE ...................................................... 3,961 3,961

003 CAP VEHICLES ................................................................................. 1,027 1,027

004 CARGO AND UTILITY VEHICLES ................................................. 45,036 47,338

Technical realignment ................................................................. [2,302 ]

SPECIAL PURPOSE VEHICLES

005 JOINT LIGHT TACTICAL VEHICLE .............................................. 57,780 51,721

Utility unjustified unit cost growth ........................................... [–6,059 ]

006 SECURITY AND TACTICAL VEHICLES ........................................ 390 390

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137 STAT. 853 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

007 SPECIAL PURPOSE VEHICLES ..................................................... 79,023 82,803

Technical realignment ................................................................. [3,780 ]

FIRE FIGHTING EQUIPMENT

008 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 70,252 70,252

MATERIALS HANDLING EQUIPMENT

009 MATERIALS HANDLING VEHICLES ............................................ 73,805 75,895

Technical realignment ................................................................. [2,090 ]

BASE MAINTENANCE SUPPORT

010 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 22,030 22,030

011 BASE MAINTENANCE SUPPORT VEHICLES ............................. 223,354 240,634

Technical realignment ................................................................. [17,280 ]

COMM SECURITY EQUIPMENT(COMSEC)

013 COMSEC EQUIPMENT ..................................................................... 98,600 98,600

INTELLIGENCE PROGRAMS

015 INTERNATIONAL INTEL TECH & ARCHITECTURES ............... 5,393 5,393

016 INTELLIGENCE TRAINING EQUIPMENT ................................... 5,012 5,012

017 INTELLIGENCE COMM EQUIPMENT .......................................... 40,042 40,042

ELECTRONICS PROGRAMS

018 AIR TRAFFIC CONTROL & LANDING SYS .................................. 67,581 67,581

019 NATIONAL AIRSPACE SYSTEM .................................................... 3,841 3,841

020 BATTLE CONTROL SYSTEM—FIXED ........................................... 1,867 1,867

022 3D EXPEDITIONARY LONG-RANGE RADAR ............................... 83,735 83,735

023 WEATHER OBSERVATION FORECAST ........................................ 28,530 28,530

024 STRATEGIC COMMAND AND CONTROL ..................................... 73,593 73,593

025 CHEYENNE MOUNTAIN COMPLEX ............................................. 8,221 8,221

026 MISSION PLANNING SYSTEMS .................................................... 17,078 17,078

029 STRATEGIC MISSION PLANNING & EXECUTION SYSTEM ... 3,861 3,861

SPCL COMM-ELECTRONICS PROJECTS

030 GENERAL INFORMATION TECHNOLOGY .................................. 206,142 212,093

Insufficient justification .............................................................. [–25,000 ]

Technical realignment ................................................................. [30,951 ]

031 AF GLOBAL COMMAND & CONTROL SYS .................................. 2,582 2,582

032 BATTLEFIELD AIRBORNE CONTROL NODE (BACN) ............... 30 30

033 MOBILITY COMMAND AND CONTROL ....................................... 3,768 3,768

034 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 208,704 208,704

035 COMBAT TRAINING RANGES ........................................................ 346,340 343,290

Unit cost growth: P6CTS ............................................................ [–3,050 ]

036 MINIMUM ESSENTIAL EMERGENCY COMM N ........................ 84,102 84,102

037 WIDE AREA SURVEILLANCE (WAS) ............................................ 11,594 11,594

038 C3 COUNTERMEASURES ................................................................ 148,818 148,818

044 AIR & SPACE OPERATIONS CENTER (AOC) .............................. 5,032 5,032

AIR FORCE COMMUNICATIONS

046 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ........ 108,532 322,704

Technical realignment ................................................................. [214,172 ]

047 AFNET ................................................................................................. 154,911 152,618

Insufficient justification .............................................................. [–2,293 ]

048 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........ 5,381 5,381

049 USCENTCOM ..................................................................................... 18,025 18,025

050 USSTRATCOM ................................................................................... 4,436 4,436

051 USSPACECOM ................................................................................... 27,073 27,073

ORGANIZATION AND BASE

052 TACTICAL C-E EQUIPMENT .......................................................... 226,819 226,819

053 RADIO EQUIPMENT ......................................................................... 30,407 30,407

054 BASE COMM INFRASTRUCTURE .................................................. 113,563 113,563

MODIFICATIONS

055 COMM ELECT MODS ....................................................................... 98,224 115,224

NORTHCOM UPL—Over the Horizon Radar Acceleration ..... [17,000 ]

PERSONAL SAFETY & RESCUE EQUIP

056 PERSONAL SAFETY AND RESCUE EQUIPMENT ...................... 60,473 60,473

DEPOT PLANT+MTRLS HANDLING EQ

057 POWER CONDITIONING EQUIPMENT ........................................ 9,235 9,235

058 MECHANIZED MATERIAL HANDLING EQUIP ........................... 15,662 15,662

BASE SUPPORT EQUIPMENT

059 BASE PROCURED EQUIPMENT .................................................... 77,875 77,875

060 ENGINEERING AND EOD EQUIPMENT ...................................... 280,734 293,968

DAF requested realignment of funds from OMAF SAG 11R ... [5,950 ]

Recovery of Air Bases Denied by Ordnance Program .............. [5,000 ]

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137 STAT. 854 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

Technical realignment ................................................................. [2,284 ]

061 MOBILITY EQUIPMENT .................................................................. 207,071 232,271

Technical realignment ................................................................. [25,200 ]

062 FUELS SUPPORT EQUIPMENT (FSE) .......................................... 218,790 208,336

All Terrain Berm Storage System schedule discrepancies ...... [–7,215 ]

Fuel storage bladder unjustified unit cost growth .................... [–3,239 ]

063 BASE MAINTENANCE AND SUPPORT EQUIPMENT ................ 51,914 51,914

SPECIAL SUPPORT PROJECTS

065 DARP RC135 ....................................................................................... 28,882 28,882

066 DCGS-AF ............................................................................................. 129,655 129,655

070 SPECIAL UPDATE PROGRAM ........................................................ 1,042,833 1,042,833

CLASSIFIED PROGRAMS

072A CLASSIFIED PROGRAMS ................................................................ 25,456,490 25,456,490

SPARES AND REPAIR PARTS

071 SPARES AND REPAIR PARTS (CYBER) ........................................ 1,032 1,032

072 SPARES AND REPAIR PARTS ........................................................ 12,628 12,628

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 30,417,892 30,697,045

PROCUREMENT, DEFENSE-WIDE

MAJOR EQUIPMENT, SDA

001 MAJOR EQUIPMENT, DPAA ........................................................... 516 516

002 MAJOR EQUIPMENT, OSD ............................................................. 186,006 186,006

MAJOR EQUIPMENT, DISA

011 INFORMATION SYSTEMS SECURITY .......................................... 12,275 12,275

012 TELEPORT PROGRAM ..................................................................... 42,399 42,399

014 ITEMS LESS THAN $5 MILLION ................................................... 47,538 47,538

015 DEFENSE INFORMATION SYSTEM NETWORK ......................... 39,472 39,472

016 WHITE HOUSE COMMUNICATION AGENCY ............................. 118,523 118,523

017 SENIOR LEADERSHIP ENTERPRISE ........................................... 94,591 94,591

018 JOINT REGIONAL SECURITY STACKS (JRSS) ........................... 22,714 22,714

019 JOINT SERVICE PROVIDER ........................................................... 107,637 97,637

Insufficient justification .............................................................. [–10,000 ]

020 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) ............. 33,047 33,047

MAJOR EQUIPMENT, DLA

028 MAJOR EQUIPMENT ....................................................................... 30,355 30,355

MAJOR EQUIPMENT, DCSA

029 MAJOR EQUIPMENT ....................................................................... 2,135 2,135

MAJOR EQUIPMENT, TJS

030 MAJOR EQUIPMENT, TJS ............................................................... 3,747 3,747

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY

031 THAAD ................................................................................................ 216,782 316,782

6 additional THAAD Interceptors .............................................. [100,000 ]

033 AEGIS BMD ........................................................................................ 374,756 374,756

035 BMDS AN/TPY–2 RADARS ............................................................... 29,108 29,108

036 SM–3 IIAS ........................................................................................... 432,824 432,824

037 ARROW 3 UPPER TIER SYSTEMS ................................................. 80,000 80,000

038 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) ....... 40,000 40,000

039 DEFENSE OF GUAM PROCUREMENT ......................................... 169,627 169,627

040 AEGIS ASHORE PHASE III ............................................................. 2,390 2,390

041 IRON DOME ....................................................................................... 80,000 80,000

042 AEGIS BMD HARDWARE AND SOFTWARE ................................ 27,825 27,825

MAJOR EQUIPMENT, DHRA

043 PERSONNEL ADMINISTRATION ................................................... 3,704 3,704

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION

AGENCY

046 VEHICLES .......................................................................................... 366 366

047 OTHER MAJOR EQUIPMENT ......................................................... 12,787 12,787

048 DTRA CYBER ACTIVITIES .............................................................. 21,413 21,413

MAJOR EQUIPMENT, DODEA

049 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ......... 1,358 1,358

MAJOR EQUIPMENT, DMACT

050 MAJOR EQUIPMENT ....................................................................... 13,012 13,012

MAJOR EQUIPMENT, USCYBERCOM

051 CYBERSPACE OPERATIONS .......................................................... 129,082 129,082

CLASSIFIED PROGRAMS

UNDISTRIBUTED

073A CLASSIFIED PROGRAMS ................................................................ 658,529 658,529

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137 STAT. 855 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4101. PROCUREMENT

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

AVIATION PROGRAMS

053 ARMED OVERWATCH/TARGETING .............................................. 266,846 266,846

054 MANNED ISR ..................................................................................... 7,000 7,000

055 MC–12 .................................................................................................. 600 600

057 ROTARY WING UPGRADES AND SUSTAINMENT ..................... 261,012 256,012

Underexecution ............................................................................ [–5,000 ]

058 UNMANNED ISR ............................................................................... 26,997 26,997

059 NON-STANDARD AVIATION ........................................................... 25,782 21,782

Theater Basing Initiatives excess to need ................................. [–4,000 ]

060 U–28 ..................................................................................................... 7,198 7,198

061 MH–47 CHINOOK .............................................................................. 149,883 149,883

062 CV–22 MODIFICATION .................................................................... 75,981 75,981

063 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 17,684 17,684

064 PRECISION STRIKE PACKAGE ..................................................... 108,497 108,497

065 AC/MC–130J ....................................................................................... 319,754 319,754

066 C–130 MODIFICATIONS .................................................................. 18,796 18,796

SHIPBUILDING

067 UNDERWATER SYSTEMS ............................................................... 66,111 73,111

Deep Submergence Collective Propulsion .................................. [7,000 ]

AMMUNITION PROGRAMS

068 ORDNANCE ITEMS <$5M ................................................................ 147,831 147,831

OTHER PROCUREMENT PROGRAMS

069 INTELLIGENCE SYSTEMS ............................................................. 203,400 203,400

070 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 5,718 5,718

071 OTHER ITEMS <$5M ........................................................................ 108,816 106,316

Program decrease ........................................................................ [–2,500 ]

072 COMBATANT CRAFT SYSTEMS .................................................... 55,064 55,064

073 SPECIAL PROGRAMS ....................................................................... 20,412 20,412

074 TACTICAL VEHICLES ...................................................................... 56,561 56,561

075 WARRIOR SYSTEMS <$5M .............................................................. 329,837 370,437

USSOCOM UPL—Counter Uncrewed Aerial Systems (CUAS)

Group 3 Defeat Acceleration.

[40,600 ]

076 COMBAT MISSION REQUIREMENTS ........................................... 4,987 4,987

077 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 23,639 23,639

078 OPERATIONAL ENHANCEMENTS ................................................ 322,341 322,341

CBDP

079 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ........... 159,884 159,884

080 CB PROTECTION & HAZARD MITIGATION ................................ 231,826 231,826

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 6,056,975 6,183,075

NATIONAL GUARD AND RESERVE EQUIPMENT

UNDISTRIBUTED

006 UNDISTRIBUTED ............................................................................. 100,000

Program increase ......................................................................... [100,000 ]

TOTAL NATIONAL GUARD AND RESERVE EQUIP-

MENT.

100,000

TOTAL PROCUREMENT .................................................... 167,988,341 169,169,465

TITLE XLII—RESEARCH, DEVELOP-

MENT, TEST, AND EVALUATION

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL,

ARMY

BASIC RESEARCH

001 0601102A DEFENSE RESEARCH SCIENCES ........................... 296,670 301,670

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137 STAT. 856 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

AI-Enhanced Quantum Computing ............................. [5,000 ]

002 0601103A UNIVERSITY RESEARCH INITIATIVES ................. 75,672 75,672

003 0601104A UNIVERSITY AND INDUSTRY RESEARCH CEN-

TERS.

108,946 110,946

Hypervelocity research and testing ............................. [2,000 ]

004 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,459 5,459

005 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE

LEARNING BASIC RESEARCH.

10,708 10,708

SUBTOTAL BASIC RESEARCH ............................. 497,455 504,455

APPLIED RESEARCH

006 0602002A ARMY AGILE INNOVATION AND DEVELOP-

MENT-APPLIED RESEARCH.

5,613 5,613

008 0602134A COUNTER IMPROVISED-THREAT ADVANCED

STUDIES.

6,242 6,242

009 0602141A LETHALITY TECHNOLOGY ...................................... 85,578 95,578

Armaments technology for unmanned systems .......... [2,500 ]

Convergent Advanced Manufacturing for Extreme

Environments.

[2,500 ]

Crtitical energetic materials chemistries .................... [2,500 ]

Universal Nanocrystalline Alloys Lethality ................ [2,500 ]

010 0602142A ARMY APPLIED RESEARCH ..................................... 34,572 34,572

011 0602143A SOLDIER LETHALITY TECHNOLOGY .................... 104,470 124,970

Airborne Pathfinder ...................................................... [8,000 ]

Body armor research ..................................................... [2,500 ]

Digital night vision technology .................................... [5,000 ]

Pathfinder program ....................................................... [2,500 ]

Wafer-Level Vacuum Packaging (WLVP) of

Microbolometers.

[2,500 ]

012 0602144A GROUND TECHNOLOGY ........................................... 60,005 85,505

Cold weather research .................................................. [2,500 ]

Critical hybrid advanced materials processing ........... [5,000 ]

Engineered repair materials for roadways ................. [3,000 ]

Polar proving ground and training program .............. [5,000 ]

Titanium metal powder production technology .......... [10,000 ]

013 0602145A NEXT GENERATION COMBAT VEHICLE TECH-

NOLOGY.

166,500 180,500

Fuel cells for next generation combat vehicles ........... [3,500 ]

High Mobility Multipurpose Wheeled Vehicle

(HMMWD – Humvee) Gunner Restraint System

(GRS).

[500 ]

Hydrogen fuel source research and development ....... [10,000 ]

014 0602146A NETWORK C3I TECHNOLOGY ................................. 81,618 86,618

Intelligent Resilience of Communications Signals ..... [2,500 ]

Secure Microelectronic Interposer Technology ........... [2,500 ]

015 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 34,683 37,183

Additive manufacturing for low-cost missile applica-

tions.

[2,500 ]

016 0602148A FUTURE VERTICLE LIFT TECHNOLOGY .............. 73,844 76,344

eVTOL power source development .............................. [2,500 ]

017 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY ....... 33,301 60,801

Counter-Unmanned Aircraft Systems technology ...... [5,000 ]

High energy laser enabling and support technology .. [2,500 ]

High energy Laser in a Box ......................................... [20,000 ]

018 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE

LEARNING TECHNOLOGIES.

24,142 24,142

019 0602181A ALL DOMAIN CONVERGENCE APPLIED RE-

SEARCH.

14,297 14,297

020 0602182A C3I APPLIED RESEARCH .......................................... 30,659 30,659

021 0602183A AIR PLATFORM APPLIED RESEARCH ................... 48,163 49,663

Unmanned aerial and ground sensor network ........... [1,500 ]

022 0602184A SOLDIER APPLIED RESEARCH ............................... 18,986 18,986

023 0602213A C3I APPLIED CYBER .................................................. 22,714 22,714

024 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED

RESEARCH.

16,736 16,736

025 0602785A MANPOWER/PERSONNEL/TRAINING TECH-

NOLOGY.

19,969 19,969

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137 STAT. 857 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

026 0602787A MEDICAL TECHNOLOGY .......................................... 66,266 76,166

Precision Medicine for Bone Injuries ........................... [4,900 ]

Preventing trauma-related stress disorder ................. [5,000 ]

SUBTOTAL APPLIED RESEARCH ....................... 948,358 1,067,258

ADVANCED TECHNOLOGY DEVELOPMENT

027 0603002A MEDICAL ADVANCED TECHNOLOGY ................... 4,147 12,147

Hearing Protections Communications ......................... [8,000 ]

028 0603007A MANPOWER, PERSONNEL AND TRAINING AD-

VANCED TECHNOLOGY.

16,316 16,316

029 0603025A ARMY AGILE INNOVATION AND DEMONSTRA-

TION.

23,156 23,156

030 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE

LEARNING ADVANCED TECHNOLOGIES.

13,187 18,187

Tactical artificial intelligence and machine learning [5,000 ]

031 0603041A ALL DOMAIN CONVERGENCE ADVANCED

TECHNOLOGY.

33,332 33,332

032 0603042A C3I ADVANCED TECHNOLOGY ............................... 19,225 19,225

033 0603043A AIR PLATFORM ADVANCED TECHNOLOGY ........ 14,165 14,165

034 0603044A SOLDIER ADVANCED TECHNOLOGY .................... 1,214 1,214

036 0603116A LETHALITY ADVANCED TECHNOLOGY ............... 20,582 17,755

Program decrease .......................................................... [–2,827 ]

037 0603117A ARMY ADVANCED TECHNOLOGY DEVELOP-

MENT.

136,280 136,280

038 0603118A SOLDIER LETHALITY ADVANCED TECH-

NOLOGY.

102,778 105,278

Autonomous Long Range Resupply ............................. [2,500 ]

039 0603119A GROUND ADVANCED TECHNOLOGY .................... 40,597 48,097

Advanced composites and multi-material protective

systems.

[5,000 ]

Research supporting rapid entry in Arctic conditions [2,500 ]

040 0603134A COUNTER IMPROVISED-THREAT SIMULATION 21,672 21,672

041 0603386A BIOTECHNOLOGY FOR MATERIALS—AD-

VANCED RESEARCH.

59,871 59,871

042 0603457A C3I CYBER ADVANCED DEVELOPMENT .............. 28,847 28,847

043 0603461A HIGH PERFORMANCE COMPUTING MOD-

ERNIZATION PROGRAM.

255,772 255,772

044 0603462A NEXT GENERATION COMBAT VEHICLE AD-

VANCED TECHNOLOGY.

217,394 234,894

Advanced Manufacturing Center of Excellence .......... [12,500 ]

Next Generation Combat Vehicle Advanced Tech-

nology (Silent Watch Hydrogen Fuel Cell).

[5,000 ]

045 0603463A NETWORK C3I ADVANCED TECHNOLOGY .......... 105,549 105,549

046 0603464A LONG RANGE PRECISION FIRES ADVANCED

TECHNOLOGY.

153,024 188,024

Aluminum-Lithium Alloy Solid Rocket Motor ............ [5,000 ]

Maneuvering Submunitions for Precision Strike Mis-

sile.

[5,000 ]

Missile Virtual Interactive Testbeds And Labs .......... [5,000 ]

XM1155 Glide Flight Projectile .................................... [20,000 ]

047 0603465A FUTURE VERTICAL LIFT ADVANCED TECH-

NOLOGY.

158,795 173,795

Additive manufacturing ................................................ [10,000 ]

Next Generation Vertical Takeoff and Landing Con-

cepts for Unmanned Aircraft.

[5,000 ]

048 0603466A AIR AND MISSILE DEFENSE ADVANCED TECH-

NOLOGY.

21,015 23,515

SHORAD S&T Engineering and Integration (SSEI)

Lab.

[2,500 ]

049 0603920A HUMANITARIAN DEMINING ................................... 9,068 23,000

Program increase .......................................................... [13,932 ]

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

1,455,986 1,560,091

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

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137 STAT. 858 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

051 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRA-

TION.

12,904 32,904

Artificial Intelligence Decision Aids for All Domain

Operations.

[5,000 ]

Capability for Advanced Protetive Technologies As-

sessment and Integration (CAPTAIN).

[8,000 ]

Integrated Environmental Control and Power ........... [5,000 ]

Resilient Position, Navigation, and Timing Develop-

ment (PNT).

[2,000 ]

052 0603308A ARMY SPACE SYSTEMS INTEGRATION ................ 19,120 24,120

Essential Multi-Function Multi-Mission Payload De-

velopment.

[5,000 ]

054 0603619A LANDMINE WARFARE AND BARRIER—ADV

DEV.

47,537 47,537

055 0603639A TANK AND MEDIUM CALIBER AMMUNITION .... 91,323 91,323

056 0603645A ARMORED SYSTEM MODERNIZATION—ADV

DEV.

43,026 43,026

057 0603747A SOLDIER SUPPORT AND SURVIVABILITY ........... 3,550 3,550

058 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYS-

TEM—ADV DEV.

65,567 65,567

059 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOP-

MENT.

73,675 73,675

060 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—

DEM/VAL.

31,720 34,220

Program decrease .......................................................... [–2,500 ]

Underwater Cut and Capture Demonstration ............ [5,000 ]

061 0603790A NATO RESEARCH AND DEVELOPMENT ............... 4,143 4,143

062 0603801A AVIATION—ADV DEV ................................................ 1,502,160 1,500,804

FARA—Excess to need ................................................. [–13,356 ]

Modular Communication, Command, and Control

Suite (MC3–Suite).

[12,000 ]

063 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV

DEV.

7,604 7,604

064 0603807A MEDICAL SYSTEMS—ADV DEV .............................. 1,602 1,602

065 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOP-

MENT.

27,681 25,825

Excessive growth—Program management .................. [–1,333 ]

Slow expenditure rate—Advance Development .......... [–523 ]

066 0604017A ROBOTICS DEVELOPMENT ...................................... 3,024 3,024

067 0604019A EXPANDED MISSION AREA MISSILE (EMAM) ..... 97,018 97,018

068 0604020A CROSS FUNCTIONAL TEAM (CFT) ADVANCED

DEVELOPMENT & PROTOTYPING.

117,557 117,557

069 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPA-

BILITY.

38,851 38,851

070 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV

DEV.

191,394 191,394

071 0604037A TACTICAL INTEL TARGETING ACCESS NODE

(TITAN) ADV DEV.

10,626 10,626

072 0604100A ANALYSIS OF ALTERNATIVES ................................ 11,095 11,095

073 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV)

(6.4).

5,144 5,144

074 0604103A ELECTRONIC WARFARE PLANNING AND MAN-

AGEMENT TOOL (EWPMT).

2,260 2,260

075 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT

SYSTEM (FTUAS).

53,143 53,143

076 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD)

SENSOR.

816,663 816,663

077 0604115A TECHNOLOGY MATURATION INITIATIVES ......... 281,314 281,314

078 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-

SHORAD).

281,239 273,994

Delayed expenditure—contract award delay .............. [–7,245 ]

079 0604119A ARMY ADVANCED COMPONENT DEVELOP-

MENT & PROTOTYPING.

204,914 204,914

080 0604120A ASSURED POSITIONING, NAVIGATION AND

TIMING (PNT).

40,930 40,930

081 0604121A SYNTHETIC TRAINING ENVIRONMENT RE-

FINEMENT & PROTOTYPING.

109,714 109,714

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137 STAT. 859 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

082 0604134A COUNTER IMPROVISED-THREAT DEMONSTRA-

TION, PROTOTYPE DEVELOPMENT, AND

TESTING.

16,426 16,426

083 0604135A STRATEGIC MID-RANGE FIRES .............................. 31,559 31,559

084 0604182A HYPERSONICS ............................................................ 43,435 43,435

085 0604403A FUTURE INTERCEPTOR ........................................... 8,040 8,040

086 0604531A COUNTER—SMALL UNMANNED AIRCRAFT

SYSTEMS ADVANCED DEVELOPMENT.

64,242 64,242

087 0604541A UNIFIED NETWORK TRANSPORT .......................... 40,915 40,915

9999 9999999999 CLASSIFIED PROGRAMS .......................................... 19,200 19,200

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

4,420,315 4,437,358

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

091 0604201A AIRCRAFT AVIONICS ................................................. 13,673 13,673

092 0604270A ELECTRONIC WARFARE DEVELOPMENT ............ 12,789 12,789

093 0604601A INFANTRY SUPPORT WEAPONS ............................. 64,076 64,076

094 0604604A MEDIUM TACTICAL VEHICLES .............................. 28,226 3,226

Program decrease .......................................................... [–25,000 ]

095 0604611A JAVELIN ....................................................................... 7,827 7,827

096 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ........... 44,197 44,197

097 0604633A AIR TRAFFIC CONTROL ............................................ 1,134 11,134

Integrated Mission Planning & Airspace Control

Tools (IMPACT).

[10,000 ]

098 0604641A TACTICAL UNMANNED GROUND VEHICLE

(TUGV).

142,125 142,125

099 0604642A LIGHT TACTICAL WHEELED VEHICLES .............. 53,564 9,671

Incomplete development goals ..................................... [–43,893 ]

100 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—

ENG DEV.

102,201 102,201

101 0604710A NIGHT VISION SYSTEMS—ENG DEV ..................... 48,720 82,829

Rephase from Procurement for IVAS 1.2 develop-

ment.

[39,137 ]

Slow expenditure—Joint Effects Targetting System

(JETS).

[–5,028 ]

102 0604713A COMBAT FEEDING, CLOTHING, AND EQUIP-

MENT.

2,223 2,223

103 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ... 21,441 21,441

104 0604741A AIR DEFENSE COMMAND, CONTROL AND IN-

TELLIGENCE—ENG DEV.

74,738 84,738

Software Integration Digital Eco-system .................... [10,000 ]

105 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DE-

VELOPMENT.

30,985 30,985

106 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 13,626 13,626

107 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS

(DIS)—ENG DEV.

8,802 8,802

108 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVAL-

UATION.

20,828 20,828

109 0604802A WEAPONS AND MUNITIONS—ENG DEV .............. 243,851 253,851

Long Range Precision Guidance Kit ............................ [10,000 ]

110 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG

DEV.

37,420 42,420

Ultra-Lightweight Camouflage Net System ............... [5,000 ]

111 0604805A COMMAND, CONTROL, COMMUNICATIONS SYS-

TEMS—ENG DEV.

34,214 34,214

112 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL

DEFENSE EQUIPMENT—ENG DEV.

6,496 6,496

113 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ........ 13,581 13,581

114 0604818A ARMY TACTICAL COMMAND & CONTROL

HARDWARE & SOFTWARE.

168,574 168,574

115 0604820A RADAR DEVELOPMENT ............................................ 94,944 94,944

116 0604822A GENERAL FUND ENTERPRISE BUSINESS SYS-

TEM (GFEBS).

2,965 2,965

117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ............ 11,333 11,333

118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT

SYSTEMS—EMD.

79,250 78,050

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137 STAT. 860 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

Maintain program management level of effort ........... [–1,200 ]

119 0604854A ARTILLERY SYSTEMS—EMD ................................... 42,490 42,490

120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 104,024 104,024

121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-

ARMY (IPPS-A).

102,084 102,084

123 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) ..... 18,662 18,662

124 0605031A JOINT TACTICAL NETWORK (JTN) ........................ 30,328 30,328

125 0605035A COMMON INFRARED COUNTERMEASURES

(CIRCM).

11,509 11,509

126 0605036A COMBATING WEAPONS OF MASS DESTRUC-

TION (CWMD).

1,050 1,050

128 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT ......... 27,714 27,714

129 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-

TIER).

4,318 4,318

130 0605047A CONTRACT WRITING SYSTEM ................................ 16,355 16,355

131 0605049A MISSILE WARNING SYSTEM MODERNIZATION

(MWSM).

27,571 27,571

132 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT ....... 24,900 24,900

133 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC

2—BLOCK 1.

196,248 196,248

134 0605053A GROUND ROBOTICS .................................................. 35,319 35,319

135 0605054A EMERGING TECHNOLOGY INITIATIVES .............. 201,274 149,834

Program decrease .......................................................... [–51,440 ]

137 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM ... 36,970 36,970

139 0605148A TACTICAL INTEL TARGETING ACCESS NODE

(TITAN) EMD.

132,136 132,136

140 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRA-

TION.

81,657 81,657

141 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV)

(6.5).

31,284 27,361

Unjustified growth ........................................................ [–3,923 ]

142 0605206A CI AND HUMINT EQUIPMENT PROGRAM-ARMY

(CIHEP-A).

2,170 2,170

143 0605216A JOINT TARGETING INTEGRATED COMMAND

AND COORDINATION SUITE (JTIC2S).

9,290 9,290

144 0605224A MULTI-DOMAIN INTELLIGENCE ............................ 41,003 41,003

146 0605231A PRECISION STRIKE MISSILE (PRSM) .................... 272,786 272,786

147 0605232A HYPERSONICS EMD .................................................. 900,920 900,920

148 0605233A ACCESSIONS INFORMATION ENVIRONMENT

(AIE).

27,361 27,361

149 0605235A STRATEGIC MID-RANGE CAPABILITY .................. 348,855 348,855

150 0605236A INTEGRATED TACTICAL COMMUNICATIONS ..... 22,901 22,901

151 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ............. 3,014 3,014

152 0605457A ARMY INTEGRATED AIR AND MISSILE DE-

FENSE (AIAMD).

284,095 284,095

153 0605531A COUNTER—SMALL UNMANNED AIRCRAFT

SYSTEMS SYS DEV & DEMONSTRATION.

36,016 36,016

154 0605625A MANNED GROUND VEHICLE .................................. 996,653 875,753

OMFV slow expenditure ............................................... [–120,900 ]

155 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 15,129 15,129

156 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGI-

NEERING AND MANUFACTURING DEVELOP-

MENT PH.

27,243 26,143

Slow expenditure ........................................................... [–1,100 ]

157 0605830A AVIATION GROUND SUPPORT EQUIPMENT ....... 1,167 1,167

158 0303032A TROJAN—RH12 ........................................................... 3,879 3,879

159 0304270A ELECTRONIC WARFARE DEVELOPMENT ............ 137,186 137,186

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

5,639,364 5,461,017

MANAGEMENT SUPPORT

160 0604256A THREAT SIMULATOR DEVELOPMENT .................. 38,492 38,492

161 0604258A TARGET SYSTEMS DEVELOPMENT ....................... 11,873 21,873

Program increase .......................................................... [5,000 ]

U.S. Replacement for Foreign Engines for Aerial

Targets.

[5,000 ]

162 0604759A MAJOR T&E INVESTMENT ....................................... 76,167 76,167

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137 STAT. 861 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

163 0605103A RAND ARROYO CENTER ........................................... 37,078 37,078

164 0605301A ARMY KWAJALEIN ATOLL ....................................... 314,872 314,872

165 0605326A CONCEPTS EXPERIMENTATION PROGRAM ........ 95,551 95,551

167 0605601A ARMY TEST RANGES AND FACILITIES ................. 439,118 439,118

168 0605602A ARMY TECHNICAL TEST INSTRUMENTATION

AND TARGETS.

42,220 47,220

Rapid Assurance Modernization Program .................. [5,000 ]

169 0605604A SURVIVABILITY/LETHALITY ANALYSIS ............... 37,518 37,518

170 0605606A AIRCRAFT CERTIFICATION ..................................... 2,718 2,718

172 0605706A MATERIEL SYSTEMS ANALYSIS ............................. 26,902 26,902

173 0605709A EXPLOITATION OF FOREIGN ITEMS ..................... 7,805 7,805

174 0605712A SUPPORT OF OPERATIONAL TESTING ................. 75,133 75,133

175 0605716A ARMY EVALUATION CENTER ................................. 71,118 71,118

176 0605718A ARMY MODELING & SIM X-CMD COLLABORA-

TION & INTEG.

11,204 11,204

177 0605801A PROGRAMWIDE ACTIVITIES ................................... 93,895 93,895

178 0605803A TECHNICAL INFORMATION ACTIVITIES ............. 31,327 31,327

179 0605805A MUNITIONS STANDARDIZATION, EFFECTIVE-

NESS AND SAFETY.

50,409 50,409

180 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY

MGMT SUPPORT.

1,629 1,629

181 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D

- MHA.

55,843 55,843

182 0606002A RONALD REAGAN BALLISTIC MISSILE DE-

FENSE TEST SITE.

91,340 91,340

183 0606003A COUNTERINTEL AND HUMAN INTEL MOD-

ERNIZATION.

6,348 6,348

185 0606942A ASSESSMENTS AND EVALUATIONS CYBER

VULNERABILITIES.

6,025 6,025

SUBTOTAL MANAGEMENT SUPPORT ............... 1,624,585 1,639,585

OPERATIONAL SYSTEMS DEVELOPMENT

187 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ....... 14,465 14,465

188 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT .............. 7,472 7,472

189 0607131A WEAPONS AND MUNITIONS PRODUCT IM-

PROVEMENT PROGRAMS.

8,425 8,425

190 0607136A BLACKHAWK PRODUCT IMPROVEMENT PRO-

GRAM.

1,507 23,007

Program increase .......................................................... [21,500 ]

191 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 9,265 21,765

714C Engine Enhancement .......................................... [7,500 ]

Program increase .......................................................... [5,000 ]

192 0607139A IMPROVED TURBINE ENGINE PROGRAM ............ 201,247 191,062

Excessive growth—Government Planning .................. [–1,721 ]

Slow expenditure rate ................................................... [–8,464 ]

193 0607142A AVIATION ROCKET SYSTEM PRODUCT IM-

PROVEMENT AND DEVELOPMENT.

3,014 3,014

194 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL

PRODUCTS.

25,393 25,393

195 0607145A APACHE FUTURE DEVELOPMENT ........................ 10,547 18,047

Apache future development program increase ........... [7,500 ]

196 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISI-

TION RADAR SYSTEM.

54,167 54,167

197 0607150A INTEL CYBER DEVELOPMENT ............................... 4,345 4,345

198 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 19,000 19,000

199 0607313A ELECTRONIC WARFARE DEVELOPMENT ............ 6,389 6,389

200 0607315A ENDURING TURBINE ENGINES AND POWER

SYSTEMS.

2,411 2,411

201 0607665A FAMILY OF BIOMETRICS ......................................... 797 797

202 0607865A PATRIOT PRODUCT IMPROVEMENT ..................... 177,197 177,197

203 0203728A JOINT AUTOMATED DEEP OPERATION CO-

ORDINATION SYSTEM (JADOCS).

42,177 42,177

204 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 146,635 224,490

Abrams Modernization Program .................................. [88,300 ]

Slow expenditure—Stryker Combat Vehicle Improve-

ment Program.

[–10,445 ]

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137 STAT. 862 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

205 0203743A 155MM SELF-PROPELLED HOWITZER IM-

PROVEMENTS.

122,902 110,802

Excess growth—ERCA range prototype build ............ [–5,900 ]

Slow expenditure—Extended Range Cannon Artil-

lery.

[–6,200 ]

207 0203752A AIRCRAFT ENGINE COMPONENT IMPROVE-

MENT PROGRAM.

146 146

208 0203758A DIGITIZATION ............................................................. 1,515 1,515

209 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVE-

MENT PROGRAM.

4,520 4,520

210 0203802A OTHER MISSILE PRODUCT IMPROVEMENT

PROGRAMS.

10,044 10,044

211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—

OPERATIONAL SYSTEM DEV.

281 281

212 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM

(GMLRS).

75,952 75,952

213 0208053A JOINT TACTICAL GROUND SYSTEM ..................... 203 203

216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ...... 301 301

217 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,323 15,323

218 0303141A GLOBAL COMBAT SUPPORT SYSTEM ................... 13,082 13,082

219 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ....... 26,838 26,838

222 0305179A INTEGRATED BROADCAST SERVICE (IBS) .......... 9,456 9,456

225 0305219A MQ–1C GRAY EAGLE UAS ........................................ 6,629 6,629

227 0708045A END ITEM INDUSTRIAL PREPAREDNESS AC-

TIVITIES.

75,317 85,317

Additive manufacturing expansion .............................. [10,000 ]

9999 9999999999 CLASSIFIED PROGRAMS .......................................... 8,786 8,786

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

1,105,748 1,212,818

SOFTWARE AND DIGITAL TECHNOLOGY

PILOT PROGRAMS

228 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE

DEVELOPMENT.

83,570 83,570

SUBTOTAL SOFTWARE AND DIGITAL TECH-

NOLOGY PILOT PROGRAMS.

83,570 83,570

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, ARMY.

15,775,381 15,966,152

RESEARCH, DEVELOPMENT, TEST & EVAL,

NAVY

BASIC RESEARCH

001 0601103N UNIVERSITY RESEARCH INITIATIVES ................. 96,355 106,355

Defense University Research Instrumentation Pro-

gram (DURIP).

[10,000 ]

002 0601153N DEFENSE RESEARCH SCIENCES ........................... 540,908 543,908

Hypersonic research initiatives .................................... [3,000 ]

SUBTOTAL BASIC RESEARCH ............................. 637,263 650,263

APPLIED RESEARCH

003 0602114N POWER PROJECTION APPLIED RESEARCH ........ 23,982 23,982

004 0602123N FORCE PROTECTION APPLIED RESEARCH ......... 142,148 144,648

Cavitation erosion research .......................................... [2,500 ]

005 0602131M MARINE CORPS LANDING FORCE TECH-

NOLOGY.

59,208 68,708

Unmanned logistics solutions ...................................... [9,500 ]

006 0602235N COMMON PICTURE APPLIED RESEARCH ............ 52,090 52,090

007 0602236N WARFIGHTER SUSTAINMENT APPLIED RE-

SEARCH.

74,722 77,722

Research on foreign malign influence operations ....... [3,000 ]

008 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RE-

SEARCH.

92,473 92,473

009 0602435N OCEAN WARFIGHTING ENVIRONMENT AP-

PLIED RESEARCH.

80,806 89,806

Continous distributed sensing systems ....................... [4,000 ]

Intelligent Autonomous Systems for Seabed Warfare [5,000 ]

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137 STAT. 863 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

010 0602651M JOINT NON-LETHAL WEAPONS APPLIED RE-

SEARCH.

7,419 7,419

011 0602747N UNDERSEA WARFARE APPLIED RESEARCH ....... 61,503 74,003

Academic Partnerships for Submarine & Undersea

Vehicle Research & Manufacturing.

[10,000 ]

Undersea Sensing and Communications ..................... [2,500 ]

012 0602750N FUTURE NAVAL CAPABILITIES APPLIED RE-

SEARCH.

182,662 182,662

013 0602782N MINE AND EXPEDITIONARY WARFARE AP-

PLIED RESEARCH.

30,435 30,435

014 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) AP-

PLIED RESEARCH.

133,828 133,828

015 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—

ONR FIELD ACITIVITIES.

85,063 85,063

SUBTOTAL APPLIED RESEARCH ....................... 1,026,339 1,062,839

ADVANCED TECHNOLOGY DEVELOPMENT

016 0603123N FORCE PROTECTION ADVANCED TECH-

NOLOGY.

29,512 29,512

017 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED

TECHNOLOGY.

8,418 8,418

018 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR RE-

ENTRY SYSTEMS.

112,329 112,329

019 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRA-

TION (ATD).

308,217 331,217

Adaptive Future Force .................................................. [5,000 ]

Hardware In the Loop capabilities .............................. [8,000 ]

Long Range Maneuvering Projectile ............................ [10,000 ]

020 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY

DEVELOPMENT.

15,556 15,556

021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED

TECHNOLOGY DEVELOPMENT.

264,700 267,200

Automated acoustic signal classifier ........................... [2,500 ]

022 0603680N MANUFACTURING TECHNOLOGY PROGRAM ..... 61,843 61,843

023 0603729N WARFIGHTER PROTECTION ADVANCED TECH-

NOLOGY.

5,100 6,600

Balloon catheter hemorrhage control device ............... [1,500 ]

024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEM-

ONSTRATIONS.

75,898 75,898

025 0603782N MINE AND EXPEDITIONARY WARFARE AD-

VANCED TECHNOLOGY.

2,048 2,048

026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) AD-

VANCED TECHNOLOGY DEVELOPMENT.

132,931 134,431

HEL weapon system ..................................................... [1,500 ]

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

1,016,552 1,045,052

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

027 0603128N UNMANNED AERIAL SYSTEM ................................. 108,225 105,053

ILS support previously funded ..................................... [–3,172 ]

028 0603178N LARGE UNMANNED SURFACE VEHICLES

(LUSV).

117,400 117,400

029 0603207N AIR/OCEAN TACTICAL APPLICATIONS ................. 40,653 43,653

Autonomous surface and underwater dual-modality

vehicles.

[3,000 ]

030 0603216N AVIATION SURVIVABILITY ...................................... 20,874 20,874

031 0603239N NAVAL CONSTRUCTION FORCES .......................... 7,821 7,821

032 0603254N ASW SYSTEMS DEVELOPMENT .............................. 17,090 17,090

033 0603261N TACTICAL AIRBORNE RECONNAISSANCE ........... 3,721 3,721

034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY .. 6,216 9,216

Tier 2.5 LO Inspection Technology .............................. [3,000 ]

035 0603502N SURFACE AND SHALLOW WATER MINE COUN-

TERMEASURES.

34,690 34,690

036 0603506N SURFACE SHIP TORPEDO DEFENSE ..................... 730 730

037 0603512N CARRIER SYSTEMS DEVELOPMENT ..................... 6,095 6,095

038 0603525N PILOT FISH .................................................................. 916,208 916,208

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137 STAT. 864 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

039 0603527N RETRACT LARCH ........................................................ 7,545 7,545

040 0603536N RETRACT JUNIPER .................................................... 271,109 271,109

041 0603542N RADIOLOGICAL CONTROL ....................................... 811 811

042 0603553N SURFACE ASW ............................................................ 1,189 1,189

043 0603561N ADVANCED SUBMARINE SYSTEM DEVELOP-

MENT.

88,415 88,415

044 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ..... 15,119 15,119

045 0603563N SHIP CONCEPT ADVANCED DESIGN .................... 89,939 96,939

Support for Additive Manufacturing ........................... [7,000 ]

046 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY

STUDIES.

121,402 126,402

Ship Concept Advanced Design ................................... [5,000 ]

047 0603570N ADVANCED NUCLEAR POWER SYSTEMS ............ 319,656 319,656

048 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ... 133,911 138,911

Support Shipboard Distribution of High-Power En-

ergy.

[5,000 ]

049 0603576N CHALK EAGLE ............................................................ 116,078 116,078

050 0603581N LITTORAL COMBAT SHIP (LCS) .............................. 32,615 32,615

051 0603582N COMBAT SYSTEM INTEGRATION ........................... 18,610 18,610

052 0603595N OHIO REPLACEMENT ................................................ 257,076 267,076

Rapid composites ........................................................... [10,000 ]

053 0603596N LCS MISSION MODULES .......................................... 31,464 31,464

054 0603597N AUTOMATED TEST AND RE-TEST (ATRT) ............ 10,809 10,809

055 0603599N FRIGATE DEVELOPMENT ........................................ 112,972 110,172

Live fire test and evaluation early to need ................. [–2,800 ]

056 0603609N CONVENTIONAL MUNITIONS ................................. 9,030 9,030

057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT

SYSTEM.

128,782 119,189

Slow expenditure ........................................................... [–9,593 ]

058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DE-

VELOPMENT.

44,766 44,766

059 0603713N OCEAN ENGINEERING TECHNOLOGY DEVEL-

OPMENT.

10,751 10,751

060 0603721N ENVIRONMENTAL PROTECTION ........................... 24,457 24,457

061 0603724N NAVY ENERGY PROGRAM ........................................ 72,214 77,214

Marine Energy Systems for Sensors and Microgrids [5,000 ]

062 0603725N FACILITIES IMPROVEMENT .................................... 10,149 10,149

063 0603734N CHALK CORAL ............................................................ 687,841 522,841

Program decrease .......................................................... [–165,000 ]

064 0603739N NAVY LOGISTIC PRODUCTIVITY ............................ 4,712 4,712

065 0603746N RETRACT MAPLE ........................................................ 420,455 420,455

066 0603748N LINK PLUMERIA ......................................................... 2,100,474 2,050,474

Project 2937: Unjustified requirements ...................... [–50,000 ]

067 0603751N RETRACT ELM ............................................................. 88,036 88,036

068 0603764M LINK EVERGREEN ..................................................... 547,005 547,005

069 0603790N NATO RESEARCH AND DEVELOPMENT ............... 6,265 6,265

070 0603795N LAND ATTACK TECHNOLOGY ................................. 1,624 1,624

071 0603851M JOINT NON-LETHAL WEAPONS TESTING ........... 31,058 31,058

072 0603860N JOINT PRECISION APPROACH AND LANDING

SYSTEMS—DEM/VAL.

22,590 22,590

073 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON

SYSTEMS.

52,129 52,129

074 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 32,127 32,127

075 0604027N DIGITAL WARFARE OFFICE .................................... 181,001 181,001

076 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA

VEHICLES.

110,506 93,991

Medusa unexecutable contract award date ................. [–16,515 ]

077 0604029N UNMANNED UNDERSEA VEHICLE CORE TECH-

NOLOGIES.

71,156 71,156

078 0604030N RAPID PROTOTYPING, EXPERIMENTATION

AND DEMONSTRATION..

214,100 214,100

079 0604031N LARGE UNMANNED UNDERSEA VEHICLES ....... 6,900 6,900

080 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT

CARRIER (CVN 78—80).

118,182 118,182

082 0604127N SURFACE MINE COUNTERMEASURES ................. 16,127 16,127

083 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUN-

TERMEASURES (TADIRCM).

34,684 34,684

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137 STAT. 865 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

084 0604289M NEXT GENERATION LOGISTICS ............................. 5,991 5,991

085 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) ... 2,100 2,100

086 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 131,763 131,763

087 0604454N LX (R) ............................................................................. 21,319 21,319

088 0604536N ADVANCED UNDERSEA PROTOTYPING ............... 104,328 82,603

Program delays .............................................................. [–21,725 ]

089 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-

UAS).

11,567 11,567

090 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT

PROGRAM.

5,976 195,976

SLCM-N ......................................................................... [190,000 ]

091 0604707N SPACE AND ELECTRONIC WARFARE (SEW) AR-

CHITECTURE/ENGINEERING SUPPORT.

9,993 9,993

092 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAP-

ON DEVELOPMENT.

237,655 237,655

093 0605512N MEDIUM UNMANNED SURFACE VEHICLES

(MUSVS)).

85,800 74,248

Program delays .............................................................. [–11,552 ]

094 0605513N UNMANNED SURFACE VEHICLE ENABLING

CAPABILITIES.

176,261 171,980

Prior year underexecution ............................................ [–4,281 ]

095 0605514M GROUND BASED ANTI-SHIP MISSILE ................... 36,383 36,383

096 0605516M LONG RANGE FIRES .................................................. 36,763 36,763

097 0605518N CONVENTIONAL PROMPT STRIKE (CPS) ............. 901,064 901,064

098 0303354N ASW SYSTEMS DEVELOPMENT—MIP ................... 10,167 10,167

099 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT

SYSTEM.

539 9,439

KAMAN KARGO ........................................................... [8,900 ]

100 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 1,250 1,250

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

9,734,483 9,686,745

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

101 0603208N TRAINING SYSTEM AIRCRAFT ................................ 44,120 44,120

102 0604038N MARITIME TARGETING CELL ................................. 30,922 30,922

103 0604212M OTHER HELO DEVELOPMENT ................................ 101,209 83,614

Project 3406 insufficient justification .......................... [–17,595 ]

104 0604212N OTHER HELO DEVELOPMENT ................................ 2,604 2,604

105 0604214M AV–8B AIRCRAFT—ENG DEV ................................... 8,263 8,263

106 0604215N STANDARDS DEVELOPMENT .................................. 4,039 4,039

107 0604216N MULTI-MISSION HELICOPTER UPGRADE DE-

VELOPMENT.

62,350 62,350

108 0604221N P–3 MODERNIZATION PROGRAM ........................... 771 771

109 0604230N WARFARE SUPPORT SYSTEM ................................. 109,485 109,485

110 0604231N COMMAND AND CONTROL SYSTEMS ................... 87,457 87,457

111 0604234N ADVANCED HAWKEYE .............................................. 399,919 419,919

Navy UPL—E–2D Theater Combat ID and HECTR [20,000 ]

112 0604245M H–1 UPGRADES ........................................................... 29,766 29,766

113 0604261N ACOUSTIC SEARCH SENSORS ................................ 51,531 51,531

114 0604262N V–22A ............................................................................. 137,597 137,597

115 0604264N AIR CREW SYSTEMS DEVELOPMENT ................... 42,155 42,155

116 0604269N EA–18 ............................................................................. 172,507 172,507

117 0604270N ELECTRONIC WARFARE DEVELOPMENT ............ 171,384 168,350

Prior year underexecution ............................................ [–3,034 ]

118 0604273M EXECUTIVE HELO DEVELOPMENT ....................... 35,376 35,376

119 0604274N NEXT GENERATION JAMMER (NGJ) ..................... 40,477 40,477

120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-

NAVY).

451,397 461,397

Navy Multiband Terminal ............................................ [5,000 ]

Satellite Terminal (transportable) Non-Geo-

stationary.

[5,000 ]

121 0604282N NEXT GENERATION JAMMER (NGJ) INCRE-

MENT II.

250,577 199,645

Next Generation Jammer—Low Band ........................ [–50,932 ]

122 0604307N SURFACE COMBATANT COMBAT SYSTEM EN-

GINEERING.

453,311 438,061

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137 STAT. 866 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

Aegis capability package 2024 delays ......................... [–5,500 ]

Software SW factory insufficient justification ............ [–9,750 ]

124 0604329N SMALL DIAMETER BOMB (SDB) ............................. 52,211 52,211

125 0604366N STANDARD MISSILE IMPROVEMENTS ................. 418,187 388,811

Prior year underexecution ............................................ [–29,376 ]

126 0604373N AIRBORNE MCM ......................................................... 11,368 11,368

127 0604378N NAVAL INTEGRATED FIRE CONTROL—

COUNTER AIR SYSTEMS ENGINEERING.

66,445 68,945

Stratospheric Balloon Research ................................... [2,500 ]

128 0604419N ADVANCED SENSORS APPLICATION PROGRAM

(ASAP).

10,000

Program increase .......................................................... [10,000 ]

129 0604501N ADVANCED ABOVE WATER SENSORS .................. 115,396 115,396

130 0604503N SSN–688 AND TRIDENT MODERNIZATION .......... 93,435 93,435

131 0604504N AIR CONTROL .............................................................. 42,656 42,656

132 0604512N SHIPBOARD AVIATION SYSTEMS .......................... 10,442 10,442

133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,359 11,359

134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR)

SYSTEM.

90,307 90,307

135 0604530N ADVANCED ARRESTING GEAR (AAG) .................... 10,658 10,658

136 0604558N NEW DESIGN SSN ...................................................... 234,356 241,356

Precision Manuevering Unit ........................................ [7,000 ]

137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ........ 71,516 71,516

138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E .......... 22,462 22,462

139 0604574N NAVY TACTICAL COMPUTER RESOURCES .......... 4,279 4,279

140 0604601N MINE DEVELOPMENT ............................................... 104,731 104,731

141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT .......... 229,668 221,168

Project 3418 testing ahead of need .............................. [–8,500 ]

142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DE-

VELOPMENT.

9,064 9,064

143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS

SYSTEMS—ENG DEV.

62,329 42,148

OPF-M termination ....................................................... [–20,181 ]

144 0604703N PERSONNEL, TRAINING, SIMULATION, AND

HUMAN FACTORS.

9,319 9,319

145 0604727N JOINT STANDOFF WEAPON SYSTEMS .................. 1,964 1,964

146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ...... 158,426 158,426

147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ..... 47,492 47,492

148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 125,206 125,206

149 0604761N INTELLIGENCE ENGINEERING .............................. 19,969 19,969

150 0604771N MEDICAL DEVELOPMENT ....................................... 6,061 6,061

151 0604777N NAVIGATION/ID SYSTEM ......................................... 45,262 45,262

154 0604850N SSN(X) ............................................................................ 361,582 321,828

Unjustified growth—management and support costs [–7,950 ]

Unjustified growth—NSWC studies ............................ [–13,804 ]

Unjustified growth—shipbuilder studies .................... [–18,000 ]

155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 22,663 22,663

156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 282,138 283,138

Cyber supply chain risk management ......................... [1,000 ]

157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT .............. 8,340 8,340

158 0605180N TACAMO MODERNIZATION ..................................... 213,743 213,743

159 0605212M CH–53K RDTE .............................................................. 222,288 222,288

160 0605215N MISSION PLANNING .................................................. 86,448 86,448

161 0605217N COMMON AVIONICS .................................................. 81,076 81,076

162 0605220N SHIP TO SHORE CONNECTOR (SSC) ...................... 1,343 1,343

163 0605327N T-AO 205 CLASS .......................................................... 71 71

164 0605414N UNMANNED CARRIER AVIATION (UCA) ............... 220,404 200,001

Test excess to need due to EDM delays ...................... [–20,403 ]

165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) ............. 384 384

166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ... 36,027 36,027

167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT

III.

132,449 132,449

168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM

DEVELOPMENT & DEMONSTRATION.

103,236 103,236

169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYS-

TEM DEVELOPMENT & DEMONSTRATION.

2,609 2,609

170 0204202N DDG–1000 ...................................................................... 231,778 223,444

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137 STAT. 867 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

Prior year underexecution ............................................ [–8,334 ]

171 0301377N COUNTERING ADVANCED CONVENTIONAL

WEAPONS (CACW).

17,531 17,531

172 0304785N ISR & INFO OPERATIONS ......................................... 174,271 174,271

173 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOP-

MENT.

2,068 2,068

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

6,962,234 6,799,375

MANAGEMENT SUPPORT

174 0604256N THREAT SIMULATOR DEVELOPMENT .................. 22,918 22,918

175 0604258N TARGET SYSTEMS DEVELOPMENT ....................... 18,623 18,623

176 0604759N MAJOR T&E INVESTMENT ....................................... 74,221 74,221

177 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ........ 3,229 3,229

178 0605154N CENTER FOR NAVAL ANALYSES ........................... 45,672 45,672

180 0605804N TECHNICAL INFORMATION SERVICES ................ 1,000 1,000

181 0605853N MANAGEMENT, TECHNICAL & INTER-

NATIONAL SUPPORT.

124,328 124,328

182 0605856N STRATEGIC TECHNICAL SUPPORT ....................... 4,053 4,053

183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ............... 203,447 203,447

184 0605864N TEST AND EVALUATION SUPPORT ....................... 481,975 481,975

185 0605865N OPERATIONAL TEST AND EVALUATION CAPA-

BILITY.

29,399 29,399

186 0605866N NAVY SPACE AND ELECTRONIC WARFARE

(SEW) SUPPORT.

27,504 27,504

187 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUP-

PORT.

9,183 9,183

188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ....... 34,976 34,976

189 0605898N MANAGEMENT HQ—R&D ......................................... 41,331 41,331

190 0606355N WARFARE INNOVATION MANAGEMENT ............. 37,340 37,340

191 0305327N INSIDER THREAT ....................................................... 2,246 2,246

192 0902498N MANAGEMENT HEADQUARTERS (DEPART-

MENTAL SUPPORT ACTIVITIES).

2,168 2,168

SUBTOTAL MANAGEMENT SUPPORT ............... 1,163,613 1,163,613

OPERATIONAL SYSTEMS DEVELOPMENT

196 0604840M F–35 C2D2 ..................................................................... 544,625 509,122

TR–3/B4 Unplanned cost growth ................................. [–35,503 ]

197 0604840N F–35 C2D2 ..................................................................... 543,834 512,266

TR–3/B4 Unplanned cost growth ................................. [–31,568 ]

198 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYS-

TEMS.

99,860 89,360

Slow expenditure ........................................................... [–10,500 ]

199 0607658N COOPERATIVE ENGAGEMENT CAPABILITY

(CEC).

153,440 153,440

200 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUP-

PORT.

321,648 321,648

201 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ......... 62,694 62,694

202 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOP-

MENT.

92,869 92,869

203 0101402N NAVY STRATEGIC COMMUNICATIONS ................. 51,919 51,919

204 0204136N F/A–18 SQUADRONS ................................................... 333,783 321,783

Next generation naval mission planning system in-

sufficient justification.

[–12,000 ]

205 0204228N SURFACE SUPPORT ................................................... 8,619 8,619

206 0204229N TOMAHAWK AND TOMAHAWK MISSION PLAN-

NING CENTER (TMPC).

122,834 122,834

207 0204311N INTEGRATED SURVEILLANCE SYSTEM ............... 76,279 76,279

208 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 1,103 1,103

209 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DIS-

PLACEMENT CRAFT).

1,991 1,991

210 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 92,674 84,074

Slow expenditure ........................................................... [–8,600 ]

211 0204571N CONSOLIDATED TRAINING SYSTEMS DEVEL-

OPMENT.

115,894 115,894

212 0204575N ELECTRONIC WARFARE (EW) READINESS SUP-

PORT.

61,677 61,677

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137 STAT. 868 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

213 0205601N ANTI-RADIATION MISSILE IMPROVEMENT ........ 59,555 59,555

214 0205620N SURFACE ASW COMBAT SYSTEM INTEGRA-

TION.

29,973 29,973

215 0205632N MK–48 ADCAP .............................................................. 213,165 213,165

216 0205633N AVIATION IMPROVEMENTS .................................... 143,277 143,277

217 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ...... 152,546 152,546

218 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .. 192,625 183,725

Marine Electromagnetic Warfare Ground Family of

Systems.

[–7,200 ]

Tactical Communication Modernization ...................... [–1,700 ]

219 0206335M COMMON AVIATION COMMAND AND CONTROL

SYSTEM (CAC2S).

12,565 12,565

220 0206623M MARINE CORPS GROUND COMBAT/SUP-

PORTING ARMS SYSTEMS.

83,900 83,900

221 0206624M MARINE CORPS COMBAT SERVICES SUPPORT .. 27,794 27,794

222 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE

SYSTEMS (MIP).

47,762 47,762

223 0206629M AMPHIBIOUS ASSAULT VEHICLE .......................... 373 373

224 0207161N TACTICAL AIM MISSILES ......................................... 36,439 36,439

225 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MIS-

SILE (AMRAAM).

29,198 29,198

226 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,565 3,565

230 0303138N AFLOAT NETWORKS .................................................. 49,995 49,995

231 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,390 33,390

232 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) AC-

TIVITIES.

7,304 7,304

233 0305204N TACTICAL UNMANNED AERIAL VEHICLES ........ 11,235 11,235

234 0305205N UAS INTEGRATION AND INTEROPERABILITY ... 16,409 16,409

235 0305208M DISTRIBUTED COMMON GROUND/SURFACE

SYSTEMS.

51,192 51,192

236 0305220N MQ–4C TRITON ........................................................... 12,094 12,094

237 0305231N MQ–8 UAV .................................................................... 29,700 29,700

238 0305232M RQ–11 UAV ................................................................... 2,107 2,107

239 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...... 2,999 2,999

240 0305241N MULTI-INTELLIGENCE SENSOR DEVELOP-

MENT.

49,460 49,460

241 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAY-

LOADS (MIP).

13,005 13,005

242 0305251N CYBERSPACE OPERATIONS FORCES AND

FORCE SUPPORT.

2,000 2,000

243 0305421N RQ–4 MODERNIZATION ............................................ 300,378 300,378

244 0307577N INTELLIGENCE MISSION DATA (IMD) .................. 788 788

245 0308601N MODELING AND SIMULATION SUPPORT ............ 10,994 10,994

246 0702207N DEPOT MAINTENANCE (NON-IF) ........................... 23,248 23,248

247 0708730N MARITIME TECHNOLOGY (MARITECH) ................ 3,284 3,284

9999 9999999999 CLASSIFIED PROGRAMS .......................................... 2,021,376 2,061,376

INDOPACOM UPL ....................................................... [40,000 ]

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

6,359,438 6,292,367

SOFTWARE AND DIGITAL TECHNOLOGY

PILOT PROGRAMS

249 0608013N RISK MANAGEMENT INFORMATION—SOFT-

WARE PILOT PROGRAM.

11,748 11,748

250 0608231N MARITIME TACTICAL COMMAND AND CON-

TROL (MTC2)—SOFTWARE PILOT PROGRAM.

10,555 10,555

SUBTOTAL SOFTWARE AND DIGITAL TECH-

NOLOGY PILOT PROGRAMS.

22,303 22,303

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, NAVY.

26,922,225 26,722,557

RESEARCH, DEVELOPMENT, TEST & EVAL,

BASIC RESEARCH

001 0601102F DEFENSE RESEARCH SCIENCES ........................... 401,486 401,486

002 0601103F UNIVERSITY RESEARCH INITIATIVES ................. 182,372 182,372

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137 STAT. 869 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

SUBTOTAL BASIC RESEARCH ............................. 583,858 583,858

APPLIED RESEARCH

003 0602020F FUTURE AF CAPABILITIES APPLIED RE-

SEARCH.

90,713 90,713

004 0602022F UNIVERSITY AFFILIATED RESEARCH CENTER

(UARC)—TACTICAL AUTONOMY.

8,018 8,018

005 0602102F MATERIALS .................................................................. 142,325 162,825

Advanced materials science for manufacturing re-

search.

[9,000 ]

High energy synchrotron x-ray research ..................... [9,000 ]

Materials development for high mach capabilities .... [2,500 ]

006 0602201F AEROSPACE VEHICLE TECHNOLOGIES ............... 161,268 163,768

Aerospace engineering systems security integration [2,500 ]

007 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 146,921 146,921

008 0602203F AEROSPACE PROPULSION ....................................... 184,867 189,867

High mach turbine engine ............................................ [5,000 ]

009 0602204F AEROSPACE SENSORS .............................................. 216,269 216,269

011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT—

MAJOR HEADQUARTERS ACTIVITIES.

10,303 10,303

012 0602602F CONVENTIONAL MUNITIONS ................................. 160,599 160,599

013 0602605F DIRECTED ENERGY TECHNOLOGY ....................... 129,961 118,452

DAF requested realignment of funds to 6601SF ........ [–11,509 ]

014 0602788F DOMINANT INFORMATION SCIENCES AND

METHODS.

182,076 230,076

Distributed quantum information sciences net-

working testbed.

[5,000 ]

Future Flag experimentation testbed .......................... [25,000 ]

Ion trapped quantum information sciences computer [8,000 ]

Multi-domain radio frequency spectrum testing envi-

ronment.

[5,000 ]

Secure interference-avoiding connectivity of autono-

mous artificially intelligent machines.

[5,000 ]

SUBTOTAL APPLIED RESEARCH ....................... 1,433,320 1,497,811

ADVANCED TECHNOLOGY DEVELOPMENT

015 0603032F FUTURE AF INTEGRATED TECHNOLOGY

DEMOS.

255,855 213,655

Program reduction ........................................................ [–42,200 ]

016 0603112F ADVANCED MATERIALS FOR WEAPON SYS-

TEMS.

30,372 30,372

017 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY

(S&T).

10,478 10,478

018 0603203F ADVANCED AEROSPACE SENSORS ....................... 48,046 45,846

Multi-spectrum sensing demonstration excess to

need.

[–2,200 ]

019 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ............... 51,896 71,896

Hybrid Electric Propulsion ........................................... [7,500 ]

Semiautonomous adversary air platform .................... [12,500 ]

020 0603216F AEROSPACE PROPULSION AND POWER TECH-

NOLOGY.

56,789 56,789

021 0603270F ELECTRONIC COMBAT TECHNOLOGY ................. 32,510 32,510

022 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR RE-

ENTRY SYSTEMS.

70,321 70,321

023 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) .. 2 2

024 0603456F HUMAN EFFECTIVENESS ADVANCED TECH-

NOLOGY DEVELOPMENT.

15,593 15,593

025 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ........ 132,311 132,311

026 0603605F ADVANCED WEAPONS TECHNOLOGY .................. 102,997 92,997

Excessive cost growth ................................................... [–10,000 ]

027 0603680F MANUFACTURING TECHNOLOGY PROGRAM ..... 44,422 51,922

Additive manufacturing for aerospace parts .............. [5,000 ]

High accuracy robotics .................................................. [2,500 ]

028 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT

AND DEMONSTRATION.

37,779 40,279

Modeling and simulation conversion software ............ [2,500 ]

029 0207412F CONTROL AND REPORTING CENTER (CRC) ........ 2,005 2,005

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137 STAT. 870 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

891,376 866,976

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

030 0603036F MODULAR ADVANCED MISSILE ............................. 105,238 0

Program decrease .......................................................... [–105,238 ]

031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ..... 6,237 6,237

032 0603742F COMBAT IDENTIFICATION TECHNOLOGY .......... 21,298 21,298

033 0603790F NATO RESEARCH AND DEVELOPMENT ............... 2,208 2,208

034 0603851F INTERCONTINENTAL BALLISTIC MISSILE—

DEM/VAL.

45,319 45,319

035 0604001F NC3 ADVANCED CONCEPTS .................................... 10,011 10,011

037 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM

(ABMS).

500,575 500,575

038 0604004F ADVANCED ENGINE DEVELOPMENT ................... 595,352 595,352

039 0604005F NC3 COMMERCIAL DEVELOPMENT & PROTO-

TYPING.

78,799 78,799

040 0604006F DEPT OF THE AIR FORCE TECH ARCHITEC-

TURE.

2,620 0

DAF requested realignment of funds to 64858F ........ [–2,620 ]

041 0604007F E–7 ................................................................................. 681,039 681,039

042 0604009F AFWERX PRIME .......................................................... 83,336 88,336

Agility Prime ................................................................. [5,000 ]

043 0604015F LONG RANGE STRIKE—BOMBER ........................... 2,984,143 2,984,143

044 0604025F RAPID DEFENSE EXPERIMENTATION RESERVE

(RDER).

154,300 154,300

045 0604032F DIRECTED ENERGY PROTOTYPING ...................... 1,246 1,246

046 0604033F HYPERSONICS PROTOTYPING ................................ 150,340 0

Air-Launched Rapid Response Weapon (ARRW) ........ [–150,340 ]

047 0604183F HYPERSONICS PROTOTYPING—HYPERSONIC

ATTACK CRUISE MISSILE (HACM).

381,528 381,528

048 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 18,041 18,041

049 0604257F ADVANCED TECHNOLOGY AND SENSORS .......... 27,650 25,180

Imaging and targeting support excess growth ........... [–2,470 ]

050 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER

(SAOC).

888,829 790,537

EMO excess to need ...................................................... [–69,716 ]

Management services overestimation .......................... [–15,919 ]

Test and evaluation excess to need ............................. [–12,657 ]

051 0604317F TECHNOLOGY TRANSFER ....................................... 26,638 26,638

052 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT

SYSTEM (HDBTDS) PROGRAM.

19,266 19,266

053 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 37,121 37,121

054 0604534F ADAPTIVE ENGINE TRANSITION PROGRAM

(AETP).

280,000

Technology Maturation and Risk Reduction ............... [280,000 ]

055 0604668F JOINT TRANSPORTATION MANAGEMENT SYS-

TEM (JTMS).

37,026 37,026

056 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE

R&D.

31,833 31,833

057 0604858F TECH TRANSITION PROGRAM ................................ 210,806 235,476

DAF requested realignment of funds from OMAF

SAG 11R.

[17,550 ]

DAF requested realignment of funds from OMAF

SAG 11Z.

[4,500 ]

DAF requested realignment of funds from RDAF

64006F.

[2,620 ]

058 0604860F OPERATIONAL ENERGY AND INSTALLATION

RESILIENCE.

46,305 35,903

Excess growth ................................................................ [–10,402 ]

059 0605164F AIR REFUELING CAPABILITY MODERNIZATION 19,400 19,400

061 0207110F NEXT GENERATION AIR DOMINANCE ................. 2,326,128 2,326,128

062 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS .. 118,826 101,013

DAF requested realignment of funds .......................... [–17,813 ]

063 0207420F COMBAT IDENTIFICATION ...................................... 1,902 1,902

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137 STAT. 871 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

064 0207455F THREE DIMENSIONAL LONG-RANGE RADAR

(3DELRR).

19,763 19,763

065 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) ......... 78,867 78,867

066 0208030F WAR RESERVE MATERIEL—AMMUNITION ......... 8,175 8,175

068 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL

EA).

25,157 25,157

069 0305601F MISSION PARTNER ENVIRONMENTS ................... 17,727 17,727

072 0708051F RAPID SUSTAINMENT MODERNIZATION (RSM) 43,431 43,431

073 0808737F INTEGRATED PRIMARY PREVENTION ................. 9,364 9,364

074 0901410F CONTRACTING INFORMATION TECHNOLOGY

SYSTEM.

28,294 28,294

075 1206415F U.S. SPACE COMMAND RESEARCH AND DEVEL-

OPMENT SUPPORT.

14,892 14,892

075A 0605057F NEXT GENERATION AIR-REFUELING SYSTEM .. 7,928

Technical realignment .................................................. [7,928 ]

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

9,859,030 9,789,453

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

076 0604200F FUTURE ADVANCED WEAPON ANALYSIS &

PROGRAMS.

9,757 17,757

RAACM .......................................................................... [5,000 ]

Stand-Off Attack Weapon Technology ......................... [3,000 ]

077 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 163,156 163,156

078 0604222F NUCLEAR WEAPONS SUPPORT .............................. 45,884 45,884

079 0604270F ELECTRONIC WARFARE DEVELOPMENT ............ 13,804 13,804

080 0604281F TACTICAL DATA NETWORKS ENTERPRISE ........ 74,023 79,023

DAF requested realignment of funds .......................... [5,000 ]

081 0604287F PHYSICAL SECURITY EQUIPMENT ....................... 10,605 10,605

082 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ............ 5,918 5,918

083 0604604F SUBMUNITIONS .......................................................... 3,345 3,345

084 0604617F AGILE COMBAT SUPPORT ....................................... 21,967 21,967

085 0604706F LIFE SUPPORT SYSTEMS ......................................... 39,301 39,301

086 0604735F COMBAT TRAINING RANGES .................................. 152,569 152,569

087 0604932F LONG RANGE STANDOFF WEAPON ...................... 911,406 891,406

DAF realignment of funds ............................................ [–20,000 ]

088 0604933F ICBM FUZE MODERNIZATION ................................ 71,732 71,732

089 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) ..... 2,256 2,256

090 0605031F JOINT TACTICAL NETWORK (JTN) ........................ 452 452

091 0605056F OPEN ARCHITECTURE MANAGEMENT ................ 36,582 36,582

092 0605057F NEXT GENERATION AIR-REFUELING SYSTEM .. 7,928 0

Technical realignment .................................................. [–7,928 ]

093 0605223F ADVANCED PILOT TRAINING ................................. 77,252 74,980

Program delay ............................................................... [–2,272 ]

094 0605229F HH–60W ........................................................................ 48,268 47,376

Support costs excess to need ........................................ [–892 ]

095 0605238F GROUND BASED STRATEGIC DETERRENT EMD 3,746,935 3,739,285

DAF requested realignment of funds .......................... [–7,650 ]

096 0207171F F–15 EPAWSS ............................................................... 13,982 13,982

097 0207279F ISOLATED PERSONNEL SURVIVABILITY AND

RECOVERY.

56,225 56,225

098 0207328F STAND IN ATTACK WEAPON ................................... 298,585 285,585

Aircraft integration delays ........................................... [–13,000 ]

099 0207701F FULL COMBAT MISSION TRAINING ...................... 7,597 17,597

Airborne Augmented Reality for Pilot Training ......... [10,000 ]

100 0208036F MEDICAL C-CBRNE PROGRAMS ............................. 2,006 2,006

102 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ... 30,000 30,000

103 0401221F KC–46A TANKER SQUADRONS ................................ 124,662 87,455

Aircrew training system previously funded ................ [–9,864 ]

Direct mission support excess to need ........................ [–7,168 ]

Test and evaluation previously funded ....................... [–20,175 ]

104 0401319F VC–25B .......................................................................... 490,701 433,701

Excess to need ............................................................... [–57,000 ]

105 0701212F AUTOMATED TEST SYSTEMS .................................. 12,911 12,911

106 0804772F TRAINING DEVELOPMENTS .................................... 1,922 1,922

106A 0102417F OVER-THE-HORIZON BACKSCATTER RADAR ...... 428,754

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137 STAT. 872 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

Technical realignment .................................................. [428,754 ]

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

6,481,731 6,787,536

MANAGEMENT SUPPORT

107 0604256F THREAT SIMULATOR DEVELOPMENT .................. 16,626 16,626

108 0604759F MAJOR T&E INVESTMENT ....................................... 31,143 31,143

109 0605101F RAND PROJECT AIR FORCE .................................... 38,398 38,398

110 0605502F SMALL BUSINESS INNOVATION RESEARCH ...... 1,466 1,466

111 0605712F INITIAL OPERATIONAL TEST & EVALUATION ... 13,736 13,736

112 0605807F TEST AND EVALUATION SUPPORT ....................... 913,213 946,026

DAF requested realignment of funds .......................... [32,813 ]

113 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT

SYS.

317,901 317,901

114 0605828F ACQ WORKFORCE- GLOBAL REACH ..................... 541,677 541,677

115 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS

SYS.

551,213 536,513

DAF requested realignment of funds .......................... [–14,700 ]

117 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,780 273,780

DAF requested realignment of funds .......................... [30,000 ]

118 0605832F ACQ WORKFORCE- ADVANCED PRGM TECH-

NOLOGY.

109,030 77,030

DAF requested realignment of funds .......................... [–32,000 ]

119 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS .............. 336,788 336,788

120 0605898F MANAGEMENT HQ—R&D ......................................... 5,005 6,705

DAF requested realignment of funds .......................... [1,700 ]

121 0605976F FACILITIES RESTORATION AND MODERNIZA-

TION—TEST AND EVALUATION SUPPORT.

87,889 87,889

122 0605978F FACILITIES SUSTAINMENT—TEST AND EVAL-

UATION SUPPORT.

35,065 35,065

123 0606017F REQUIREMENTS ANALYSIS AND MATURATION 89,956 89,956

124 0606398F MANAGEMENT HQ—T&E ......................................... 7,453 7,453

126 0303255F COMMAND, CONTROL, COMMUNICATION, AND

COMPUTERS (C4)—STRATCOM.

20,871 45,871

NC3 network sensor demonstration ............................ [15,000 ]

NC3 Rapid Engineering Architecture Collaboration

Hub (REACH).

[10,000 ]

127 0308602F ENTEPRISE INFORMATION SERVICES (EIS) ....... 100,357 100,357

128 0702806F ACQUISITION AND MANAGEMENT SUPPORT .... 20,478 20,478

129 0804731F GENERAL SKILL TRAINING .................................... 796 796

132 1001004F INTERNATIONAL ACTIVITIES ................................. 3,917 3,917

SUBTOTAL MANAGEMENT SUPPORT ............... 3,486,758 3,529,571

OPERATIONAL SYSTEMS DEVELOPMENT

134 0604233F SPECIALIZED UNDERGRADUATE FLIGHT

TRAINING.

41,464 40,282

T–6 avionics replacement program delay .................... [–1,182 ]

135 0604283F BATTLE MGMT COM & CTRL SENSOR DEVEL-

OPMENT.

40,000 40,000

136 0604445F WIDE AREA SURVEILLANCE ................................... 8,018 8,018

137 0604617F AGILE COMBAT SUPPORT ....................................... 5,645 5,645

139 0604840F F–35 C2D2 ..................................................................... 1,275,268 1,268,275

DAF requested realignment of funds .......................... [–5,000 ]

Program decrease .......................................................... [–1,993 ]

140 0605018F AF INTEGRATED PERSONNEL AND PAY SYS-

TEM (AF-IPPS).

40,203 40,203

141 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE

AGENCY.

49,613 49,613

142 0605117F FOREIGN MATERIEL ACQUISITION AND EX-

PLOITATION.

93,881 93,881

143 0605278F HC/MC–130 RECAP RDT&E ....................................... 36,536 11,536

Excess to need ............................................................... [–5,000 ]

Program decrease .......................................................... [–20,000 ]

144 0606018F NC3 INTEGRATION .................................................... 22,910 22,910

145 0101113F B–52 SQUADRONS ...................................................... 950,815 944,193

DAF requested realignment of funds .......................... [14,017 ]

Scheduling delays .......................................................... [–20,639 ]

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137 STAT. 873 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

146 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ........... 290 290

147 0101126F B–1B SQUADRONS ...................................................... 12,619 12,619

148 0101127F B–2 SQUADRONS ........................................................ 87,623 87,623

149 0101213F MINUTEMAN SQUADRONS ...................................... 33,237 43,237

Legacy Weapons Software Translation/Moderniza-

tion.

[5,000 ]

Multi-Domain Command and Control Tool ................. [5,000 ]

150 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICA-

TIONS.

24,653 24,653

151 0101318F SERVICE SUPPORT TO STRATCOM—GLOBAL

STRIKE.

7,562 7,562

153 0101328F ICBM REENTRY VEHICLES ...................................... 475,415 475,415

155 0102110F MH–139A ....................................................................... 25,737 25,737

156 0102326F REGION/SECTOR OPERATION CONTROL CEN-

TER MODERNIZATION PROGRAM.

831 831

157 0102412F NORTH WARNING SYSTEM (NWS) ......................... 102 102

158 0102417F OVER-THE-HORIZON BACKSCATTER RADAR ...... 428,754 35,000

NORTHCOM UPL—Over the Horizon Radar Accel-

eration.

[35,000 ]

Technical realignment .................................................. [–428,754 ]

159 0202834F VEHICLES AND SUPPORT EQUIPMENT—GEN-

ERAL.

15,498 19,498

DAF requested realignment of funds .......................... [4,000 ]

160 0205219F MQ–9 UAV .................................................................... 81,123 81,123

161 0205671F JOINT COUNTER RCIED ELECTRONIC WAR-

FARE.

2,303 2,303

162 0207040F MULTI-PLATFORM ELECTRONIC WARFARE

EQUIPMENT.

7,312 7,312

164 0207133F F–16 SQUADRONS ...................................................... 98,633 139,233

IVEWS restoration ........................................................ [40,600 ]

165 0207134F F–15E SQUADRONS .................................................... 50,965 50,965

166 0207136F MANNED DESTRUCTIVE SUPPRESSION .............. 16,543 16,543

167 0207138F F–22A SQUADRONS .................................................... 725,889 740,889

Cyber Resiliency ............................................................ [15,000 ]

168 0207142F F–35 SQUADRONS ...................................................... 97,231 97,231

169 0207146F F–15EX .......................................................................... 100,006 100,006

170 0207161F TACTICAL AIM MISSILES ......................................... 41,958 41,958

171 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MIS-

SILE (AMRAAM).

53,679 53,679

172 0207227F COMBAT RESCUE—PARARESCUE ......................... 726 726

173 0207238F E–11A ............................................................................. 64,888 64,888

174 0207247F AF TENCAP .................................................................. 25,749 25,749

175 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 11,872 11,872

176 0207253F COMPASS CALL .......................................................... 66,932 66,932

177 0207268F AIRCRAFT ENGINE COMPONENT IMPROVE-

MENT PROGRAM.

55,223 60,223

Additive manufacturing expansion .............................. [5,000 ]

178 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE

(JASSM).

132,937 132,937

179 0207327F SMALL DIAMETER BOMB (SDB) ............................. 37,518 40,518

GLSDB Maritime Seeker .............................................. [3,000 ]

180 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ......... 72,059 72,059

181 0207412F CONTROL AND REPORTING CENTER (CRC) ........ 17,498 17,498

183 0207418F AFSPECWAR—TACP ................................................... 2,106 2,106

185 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVI-

TIES.

72,010 72,010

186 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ..... 6,467 6,467

187 0207439F ELECTRONIC WARFARE INTEGRATED RE-

PROGRAMMING (EWIR).

10,388 10,388

188 0207444F TACTICAL AIR CONTROL PARTY-MOD ................. 10,060 10,060

189 0207452F DCAPES ......................................................................... 8,233 8,233

190 0207521F AIR FORCE CALIBRATION PROGRAMS ................. 2,172 2,172

192 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 2,049 2,049

193 0207590F SEEK EAGLE ............................................................... 33,478 33,478

195 0207605F WARGAMING AND SIMULATION CENTERS ......... 11,894 11,894

197 0207697F DISTRIBUTED TRAINING AND EXERCISES ......... 3,811 3,811

198 0208006F MISSION PLANNING SYSTEMS ............................... 96,272 96,272

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137 STAT. 874 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

199 0208007F TACTICAL DECEPTION ............................................. 26,533 26,533

201 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 50,122 50,122

202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS ....... 113,064 113,064

208 0208288F INTEL DATA APPLICATIONS ................................... 967 967

209 0301025F GEOBASE ...................................................................... 1,514 1,514

211 0301113F CYBER SECURITY INTELLIGENCE SUPPORT ..... 8,476 8,476

218 0301401F AF MULTI-DOMAIN NON-TRADITIONAL ISR

BATTLESPACE AWARENESS.

2,890 2,890

219 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CEN-

TER (NAOC).

39,868 39,868

220 0303004F EIT CONNECT ............................................................. 32,900 32,900

221 0303089F CYBERSPACE OPERATIONS SYSTEMS .................. 4,881 4,881

222 0303131F MINIMUM ESSENTIAL EMERGENCY COMMU-

NICATIONS NETWORK (MEECN).

33,567 33,567

223 0303133F HIGH FREQUENCY RADIO SYSTEMS .................... 40,000 35,000

Program support costs unjustified request ................. [–5,000 ]

224 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 95,523 95,523

226 0303248F ALL DOMAIN COMMON PLATFORM ...................... 71,296 71,296

227 0303260F JOINT MILITARY DECEPTION INITIATIVE .......... 4,682 4,682

228 0304100F STRATEGIC MISSION PLANNING & EXECUTION

SYSTEM (SMPES).

64,944 64,944

230 0304260F AIRBORNE SIGINT ENTERPRISE ............................ 108,947 106,745

Underexecution ............................................................. [–2,202 ]

231 0304310F COMMERCIAL ECONOMIC ANALYSIS ................... 4,635 4,635

234 0305015F C2 AIR OPERATIONS SUITE—C2 INFO SERV-

ICES.

13,751 13,751

235 0305020F CCMD INTELLIGENCE INFORMATION TECH-

NOLOGY.

1,660 1,660

236 0305022F ISR MODERNIZATION & AUTOMATION DVMT

(IMAD).

18,680 13,570

Unjustified growth ........................................................ [–5,110 ]

237 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ... 5,031 5,031

238 0305103F CYBER SECURITY INITIATIVE ................................ 301 301

239 0305111F WEATHER SERVICE ................................................... 26,329 35,329

Weather service data migration ................................... [9,000 ]

240 0305114F AIR TRAFFIC CONTROL, APPROACH, AND

LANDING SYSTEM (ATCALS).

8,751 8,751

241 0305116F AERIAL TARGETS ....................................................... 6,915 6,915

244 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ..... 352 352

245 0305146F DEFENSE JOINT COUNTERINTELLIGENCE AC-

TIVITIES.

6,930 6,930

246 0305179F INTEGRATED BROADCAST SERVICE (IBS) .......... 21,588 21,588

247 0305202F DRAGON U–2 ............................................................... 16,842 16,842

248 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ............ 43,158 43,158

249 0305207F MANNED RECONNAISSANCE SYSTEMS ............... 14,330 14,330

250 0305208F DISTRIBUTED COMMON GROUND/SURFACE

SYSTEMS.

88,854 88,854

251 0305220F RQ–4 UAV ..................................................................... 1,242 1,242

252 0305221F NETWORK-CENTRIC COLLABORATIVE TAR-

GETING.

12,496 12,496

253 0305238F NATO AGS .................................................................... 2 2

254 0305240F SUPPORT TO DCGS ENTERPRISE .......................... 31,589 31,589

255 0305600F INTERNATIONAL INTELLIGENCE TECH-

NOLOGY AND ARCHITECTURES.

15,322 15,322

256 0305881F RAPID CYBER ACQUISITION ................................... 8,830 8,830

257 0305984F PERSONNEL RECOVERY COMMAND & CTRL

(PRC2).

2,764 2,764

258 0307577F INTELLIGENCE MISSION DATA (IMD) .................. 7,090 7,090

259 0401115F C–130 AIRLIFT SQUADRON ...................................... 5,427 5,427

260 0401119F C–5 AIRLIFT SQUADRONS (IF) ................................ 29,502 28,286

SIL early to need ........................................................... [–1,216 ]

261 0401130F C–17 AIRCRAFT (IF) ................................................... 2,753 2,753

262 0401132F C–130J PROGRAM ....................................................... 19,100 19,100

263 0401134F LARGE AIRCRAFT IR COUNTERMEASURES

(LAIRCM).

5,982 5,982

264 0401218F KC–135S ........................................................................ 51,105 49,522

Comm 2 early to need ................................................... [–1,583 ]

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137 STAT. 875 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

265 0401318F CV–22 ............................................................................. 18,127 18,127

266 0408011F SPECIAL TACTICS / COMBAT CONTROL ............... 9,198 9,198

268 0708610F LOGISTICS INFORMATION TECHNOLOGY

(LOGIT).

17,520 17,520

269 0801380F AF LVC OPERATIONAL TRAINING (LVC-OT) ....... 25,144 25,144

270 0804743F OTHER FLIGHT TRAINING ...................................... 2,265 2,265

272 0901202F JOINT PERSONNEL RECOVERY AGENCY ............ 2,266 2,266

273 0901218F CIVILIAN COMPENSATION PROGRAM .................. 4,006 4,006

274 0901220F PERSONNEL ADMINISTRATION ............................. 3,078 3,078

275 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY .. 5,309 2,309

Modeling and simulation development excess growth [–3,000 ]

276 0901538F FINANCIAL MANAGEMENT INFORMATION SYS-

TEMS DEVELOPMENT.

4,279 4,279

277 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT SYS

(DEAMS).

45,925 45,925

278 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 9,778 9,778

9999 9999999999 CLASSIFIED PROGRAMS .......................................... 16,814,245 16,587,427

Classified adjustment ................................................... [–212,081 ]

Program justification review ........................................ [–14,737 ]

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

23,829,283 23,237,403

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, AF.

46,565,356 46,292,608

RESEARCH, DEVELOPMENT, TEST & EVAL,

APPLIED RESEARCH

004 1206601SF SPACE TECHNOLOGY ............................................... 206,196 292,584

Advanced analog microelectronics ............................... [3,000 ]

Advanced isotope power systems ................................. [3,000 ]

DAF requested realignment of funds .......................... [72,888 ]

Space modeling, simulation, and analysis hub ........... [7,500 ]

SUBTOTAL APPLIED RESEARCH ....................... 206,196 292,584

ADVANCED TECHNOLOGY DEVELOPMENT

005 1206310SF SPACE SCIENCE AND TECHNOLOGY RE-

SEARCH AND DEVELOPMENT.

472,493 465,022

Defense In Depth as Mission Assurance Spacecraft—

Multilevel Security.

[3,000 ]

Prior year carryover ...................................................... [–21,980 ]

Technical realignment .................................................. [11,509 ]

006 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOP-

MENT/DEMO.

110,033 158,033

DAF requested realignment of funds .......................... [40,000 ]

Modular multi-mode propulsion system ...................... [8,000 ]

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

582,526 623,055

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

007 0604002SF SPACE FORCE WEATHER SERVICES RESEARCH 849 849

008 1203010SF SPACE FORCE IT, DATA ANALYTICS, DIGITAL

SOLUTIONS.

61,723 51,723

Program decrease .......................................................... [–10,000 ]

009 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM

(USER EQUIPMENT) (SPACE).

353,807 353,807

010 1203622SF SPACE WARFIGHTING ANALYSIS .......................... 95,541 95,541

011 1203710SF EO/IR WEATHER SYSTEMS ...................................... 95,615 95,615

013 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND

PROTOTYPING.

2,081,307 2,056,307

Inadequate justification—other activities ................... [–25,000 ]

016 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS

(SSPT).

145,948 96,475

DAF requested realignment of funds to 6616SF ........ [–40,000 ]

Underexecution ............................................................. [–9,473 ]

017 1206438SF SPACE CONTROL TECHNOLOGY ............................ 58,374 58,374

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137 STAT. 876 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

018 1206458SF TECH TRANSITION (SPACE) .................................... 164,649 164,649

019 1206730SF SPACE SECURITY AND DEFENSE PROGRAM ...... 59,784 59,784

020 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE

(PTES).

76,554 76,554

021 1206761SF PROTECTED TACTICAL SERVICE (PTS) ................ 360,126 355,826

Unjustified request—management services ................ [–4,300 ]

022 1206855SF EVOLVED STRATEGIC SATCOM (ESS) ................... 632,833 632,833

023 1206857SF SPACE RAPID CAPABILITIES OFFICE ................... 12,036 12,036

024 1206862SF TACTICALLY RESPONSE SPACE ............................. 30,000 50,000

Program increase .......................................................... [20,000 ]

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

4,229,146 4,160,373

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

025 1203269SF GPS III FOLLOW-ON (GPS IIIF) ............................... 308,999 308,999

027 1206421SF COUNTERSPACE SYSTEMS ...................................... 36,537 36,537

028 1206422SF WEATHER SYSTEM FOLLOW-ON ........................... 79,727 78,127

Unjustified increase—management services .............. [–1,600 ]

029 1206425SF SPACE SITUATION AWARENESS SYSTEMS ......... 372,827 372,827

030 1206431SF ADVANCED EHF MILSATCOM (SPACE) ................. 4,068 4,068

031 1206432SF POLAR MILSATCOM (SPACE) ................................... 73,757 73,757

032 1206433SF WIDEBAND GLOBAL SATCOM (SPACE) ................ 49,445 47,245

Underexecution ............................................................. [–2,200 ]

033 1206440SF NEXT-GEN OPIR—GROUND ..................................... 661,367 638,267

Underexecution ............................................................. [–23,100 ]

034 1206442SF NEXT GENERATION OPIR ........................................ 222,178 217,178

Underexecution ............................................................. [–5,000 ]

035 1206443SF NEXT-GEN OPIR—GEO .............................................. 719,731 715,466

Unjustified increase—management services .............. [–4,265 ]

036 1206444SF NEXT-GEN OPIR—POLAR ......................................... 1,013,478 1,010,213

Unjustified increase—management services .............. [–3,265 ]

037 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTE-

GRATION.

73,501 73,501

038 1206446SF RESILIENT MISSILE WARNING MISSILE

TRACKING—LOW EARTH ORBIT (LEO).

1,266,437 1,519,222

DAF requested realignment of funds .......................... [252,785 ]

039 1206447SF RESILIENT MISSILE WARNING MISSILE

TRACKING—MEDIUM EARTH ORBIT (MEO).

538,208 790,992

DAF requested realignment of funds .......................... [252,784 ]

040 1206448SF RESILIENT MISSILE WARNING MISSILE

TRACKING—INTEGRATED GROUND SEG-

MENT.

505,569 0

DAF requested realignment of funds to 6446SF ........ [–252,785 ]

DAF requested realignment of funds to 6447SF ........ [–252,784 ]

041 1206853SF NATIONAL SECURITY SPACE LAUNCH PRO-

GRAM (SPACE)—EMD.

82,188 92,188

Launch capability development ................................... [10,000 ]

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

6,008,017 5,978,587

MANAGEMENT SUPPORT

043 1203622SF SPACE WARFIGHTING ANALYSIS .......................... 3,568 3,568

046 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYS-

TEMS.

258,969 276,500

DAF requested realignment of funds .......................... [17,531 ]

047 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA ...... 13,694 15,053

DAF requested realignment of funds .......................... [1,359 ]

048 1206601SF SPACE TECHNOLOGY ............................................... 91,778 0

DAF requested realignment of funds .......................... [–91,778 ]

049 1206759SF MAJOR T&E INVESTMENT—SPACE ....................... 146,797 146,797

050 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 18,023 18,023

052 1206864SF SPACE TEST PROGRAM (STP) .................................. 30,192 30,192

SUBTOTAL MANAGEMENT SUPPORT ............... 563,021 490,133

OPERATIONAL SYSTEMS DEVELOPMENT

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137 STAT. 877 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

055 1203001SF FAMILY OF ADVANCED BLOS TERMINALS

(FAB-T).

91,369 91,369

056 1203040SF DCO-SPACE .................................................................. 76,003 76,003

057 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 230,785 221,335

Inadequate justification—management services ........ [–9,450 ]

058 1203110SF SATELLITE CONTROL NETWORK (SPACE) .......... 86,465 84,365

Underexecution ............................................................. [–2,100 ]

059 1203154SF LONG RANGE KILL CHAINS .................................... 243,036 243,036

061 1203173SF SPACE AND MISSILE TEST AND EVALUATION

CENTER.

22,039 22,039

062 1203174SF SPACE INNOVATION, INTEGRATION AND

RAPID TECHNOLOGY DEVELOPMENT.

41,483 43,483

Accelerating Space Operators Education and Experi-

ential Learning.

[2,000 ]

063 1203182SF SPACELIFT RANGE SYSTEM (SPACE) ................... 11,175 11,175

065 1203330SF SPACE SUPERIORITY ISR ......................................... 28,730 28,730

067 1203873SF BALLISTIC MISSILE DEFENSE RADARS ............... 20,752 28,752

Perimeter Acquisition Radar Attack Characteriza-

tion System (PARCS) radar.

[8,000 ]

068 1203906SF NCMC—TW/AA SYSTEM ............................................ 25,545 25,545

069 1203913SF NUDET DETECTION SYSTEM (SPACE) .................. 93,391 93,391

070 1203940SF SPACE SITUATION AWARENESS OPERATIONS .. 264,966 264,966

071 1206423SF GLOBAL POSITIONING SYSTEM III—OPER-

ATIONAL CONTROL SEGMENT.

317,309 271,909

Excess to need ............................................................... [–45,400 ]

075 1206770SF ENTERPRISE GROUND SERVICES ......................... 155,825 155,825

076 1208053SF JOINT TACTICAL GROUND SYSTEM ..................... 14,568 14,568

9999 9999999999 CLASSIFIED PROGRAMS .......................................... 5,764,667 6,358,367

DCO-S ............................................................................ [43,000 ]

Space Force realignment of funds for classified pro-

gram.

[270,000 ]

Space Force Unfunded Priorities List Classified Pro-

gram B.

[83,000 ]

Space Force Unfunded Priorities List Classified Pro-

gram C.

[53,000 ]

Space Force Unfunded Priorities List Classified Pro-

gram D.

[54,700 ]

USSF UPL—Classified program F .............................. [90,000 ]

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

7,488,108 8,034,858

SOFTWARE AND DIGITAL TECHNOLOGY

PILOT PROGRAMS

078 1208248SF SPACE COMMAND & CONTROL—SOFTWARE

PILOT PROGRAM.

122,326 122,326

SUBTOTAL SOFTWARE AND DIGITAL TECH-

NOLOGY PILOT PROGRAMS.

122,326 122,326

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, SF.

19,199,340 19,701,916

RESEARCH, DEVELOPMENT, TEST & EVAL,

BASIC RESEARCH

001 0601000BR DTRA BASIC RESEARCH ........................................... 14,761 14,761

002 0601101E DEFENSE RESEARCH SCIENCES ........................... 311,531 311,531

003 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 16,329 16,329

004 0601110D8Z BASIC RESEARCH INITIATIVES ............................. 71,783 91,783

Defense Established Program to Stimulate Competi-

tive Research (DEPSCoR).

[20,000 ]

005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH

SCIENCE.

50,430 50,430

006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM .... 159,549 162,549

Program increase .......................................................... [3,000 ]

007 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNI-

VERSITIES/MINORITY INSTITUTIONS.

100,467 150,000

Program increase .......................................................... [49,533 ]

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137 STAT. 878 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM.

36,235 36,235

SUBTOTAL BASIC RESEARCH ............................. 761,085 833,618

APPLIED RESEARCH

009 0602000D8Z JOINT MUNITIONS TECHNOLOGY ........................ 19,157 19,157

010 0602115E BIOMEDICAL TECHNOLOGY ................................... 141,081 131,081

Program decrease .......................................................... [–10,000 ]

011 0602128D8Z PROMOTION AND PROTECTION STRATEGIES ... 3,219 3,219

012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION ................ 55,160 40,160

Realignment ................................................................... [–15,000 ]

013 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 46,858 46,858

014 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT

OF S&T PRIORITIES.

66,866 66,866

015 0602303E INFORMATION & COMMUNICATIONS TECH-

NOLOGY.

333,029 333,029

017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM.

240,610 240,610

018 0602668D8Z CYBER SECURITY RESEARCH ................................ 17,437 25,437

Pacific Intelligence and Innovation Initiative ............ [5,000 ]

Semiconductor industry cybersecurity research ......... [3,000 ]

019 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL SE-

CURITY.

4,718 4,718

020 0602702E TACTICAL TECHNOLOGY ......................................... 234,549 214,549

Program decrease .......................................................... [–20,000 ]

021 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ... 344,986 344,986

022 0602716E ELECTRONICS TECHNOLOGY ................................. 572,662 572,662

023 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION

APPLIED RESEARCH.

208,870 208,870

024 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) AP-

PLIED RESEARCH.

11,168 11,168

025 0602890D8Z HIGH ENERGY LASER RESEARCH ......................... 48,804 48,804

026 0602891D8Z FSRM MODELLING .................................................... 2,000 2,000

027 1160401BB SOF TECHNOLOGY DEVELOPMENT ...................... 52,287 52,287

SUBTOTAL APPLIED RESEARCH ....................... 2,403,461 2,366,461

ADVANCED TECHNOLOGY DEVELOPMENT

028 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .. 37,706 42,706

Advanced Process Technology for Energetics ............. [5,000 ]

029 0603021D8Z NATIONAL SECURITY INNOVATION CAPITAL ... 15,085 15,085

030 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ...................... 30,102 30,102

031 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUP-

PORT.

75,593 123,093

Joint R&D with Israel .................................................. [47,500 ]

032 0603133D8Z FOREIGN COMPARATIVE TESTING ....................... 27,078 27,078

033 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION

ADVANCED TECHNOLOGY DEVELOPMENT.

400,947 409,447

Advanced manufacturing of energetic materials ........ [8,500 ]

034 0603176BR ADVANCED CONCEPTS AND PERFORMANCE

ASSESSMENT.

7,990 7,990

035 0603176C ADVANCED CONCEPTS AND PERFORMANCE

ASSESSMENT.

17,825 17,825

036 0603180C ADVANCED RESEARCH ............................................ 21,461 28,461

Radiation Hardened Microelectronics—Faciliity and

Workforce Development.

[5,000 ]

Testbed for Advanced Digital Low Latency Networks [2,000 ]

037 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOP-

MENT &TRANSITION.

52,292 54,292

Common Hypersonic Glide Body Development .......... [2,000 ]

038 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY

DEVELOPMENT.

19,567 19,567

039 0603260BR INTELLIGENCE ADVANCED DEVELOPMENT ..... 10,000 10,000

040 0603286E ADVANCED AEROSPACE SYSTEMS ....................... 331,753 321,753

Program decrease .......................................................... [–10,000 ]

041 0603287E SPACE PROGRAMS AND TECHNOLOGY ............... 134,809 122,309

Excess growth ................................................................ [–12,500 ]

042 0603288D8Z ANALYTIC ASSESSMENTS ....................................... 24,328 24,328

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137 STAT. 879 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

043 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CON-

CEPTS.

55,626 55,626

044 0603330D8Z QUANTUM APPLICATION ......................................... 75,000 75,000

046 0603342D8Z DEFENSE INNOVATION UNIT (DIU) ...................... 104,729 109,729

Nuclear Advanced Propulsion and power ................... [2,500 ]

Program increase .......................................................... [2,500 ]

047 0603375D8Z TECHNOLOGY INNOVATION ................................... 123,837 123,837

048 0603379D8Z ADVANCED TECHNICAL INTEGRATION .............. 11,000 11,000

049 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—ADVANCED DEVELOPMENT.

267,073 234,654

Generative Unconstrained Intelligent Drug Engi-

neering-Enhanced Biodefense.

[3,000 ]

Program decrease .......................................................... [–35,419 ]

050 0603527D8Z RETRACT LARCH ........................................................ 57,401 57,401

051 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 19,793 19,793

053 0603662D8Z NETWORKED COMMUNICATIONS CAPABILI-

TIES.

11,197 11,197

054 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE

AND TECHNOLOGY PROGRAM.

252,965 365,465

Additive manufacturing at scale .................................. [5,000 ]

Bioindustrial Manufacturing Infrastructure ............... [100,000 ]

Digital manufacturing modernization ......................... [5,000 ]

Hypersonic Advanced Composites Manufacturing ..... [2,500 ]

055 0603680S MANUFACTURING TECHNOLOGY PROGRAM ..... 46,404 51,404

Program increase .......................................................... [5,000 ]

056 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEM-

ONSTRATIONS.

16,580 16,580

057 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PRO-

GRAM.

60,387 60,387

058 0603720S MICROELECTRONICS TECHNOLOGY DEVELOP-

MENT AND SUPPORT.

144,707 144,707

059 0603727D8Z JOINT WARFIGHTING PROGRAM ........................... 2,749 2,749

060 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ...... 254,033 244,033

Reduce carryover—next generation microelectronics

manufacturing.

[–10,000 ]

061 0603760E COMMAND, CONTROL AND COMMUNICATIONS

SYSTEMS.

321,591 321,591

062 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .. 885,425 885,425

063 0603767E SENSOR TECHNOLOGY ............................................ 358,580 353,330

Program decrease .......................................................... [–5,250 ]

065 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ................ 16,699 16,699

066 0603838D8Z DEFENSE INNOVATION ACCELERATION (DIA) .. 257,110 257,110

067 0603924D8Z HIGH ENERGY LASER ADVANCED TECH-

NOLOGY PROGRAM.

111,799 111,799

068 0603941D8Z TEST & EVALUATION SCIENCE & TECH-

NOLOGY.

345,384 345,384

069 0603945D8Z AUKUS INNOVATION INITIATIVES ....................... 25,000 25,000

070 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,575 28,575

National Security Innovation Network ....................... [7,000 ]

071 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVE-

MENT.

171,668 186,033

Excess growth ................................................................ [–5,635 ]

HELCAP Thermal Energy Storage .............................. [10,000 ]

Increase for tristructural-isotrophic fuel ..................... [10,000 ]

072 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 156,097 156,097

SUBTOTAL ADVANCED TECHNOLOGY DE-

VELOPMENT.

5,380,945 5,524,641

ADVANCED COMPONENT DEVELOPMENT &

PROTOTYPES

074 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SE-

CURITY EQUIPMENT RDT&E ADC&P.

76,764 76,764

075 0603600D8Z WALKOFF ..................................................................... 143,486 143,486

076 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CER-

TIFICATION PROGRAM.

117,196 89,596

Program decrease .......................................................... [–30,600 ]

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137 STAT. 880 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

Sustainable Technology Evaluation and Demonstra-

tion program increase.

[3,000 ]

077 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DE-

FENSE SEGMENT.

220,311 310,311

INDOPACOM UPL—Enhanced THAAD Mission

Support Element Integration (eTMI).

[90,000 ]

078 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DE-

FENSE SEGMENT.

903,633 903,633

079 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—DEM/VAL.

316,853 292,006

Excess growth ................................................................ [–24,847 ]

080 0603884C BALLISTIC MISSILE DEFENSE SENSORS ............ 239,159 239,159

081 0603890C BMD ENABLING PROGRAMS ................................... 597,720 596,913

Poor justification ........................................................... [–807 ]

082 0603891C SPECIAL PROGRAMS—MDA ..................................... 552,888 635,280

MDA UPL—Classified increase ................................... [22,892 ]

MDA UPL—Electronic Warfare for Missile Defense [27,300 ]

MDA UPL—Left Through Right of Launch Integra-

tion.

[32,200 ]

083 0603892C AEGIS BMD .................................................................. 693,727 689,727

Program decrease .......................................................... [–4,000 ]

084 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND

CONTROL, BATTLE MANAGEMENT AND

COMMUNICATI.

554,201 554,201

085 0603898C BALLISTIC MISSILE DEFENSE JOINT

WARFIGHTER SUPPORT.

48,248 48,248

086 0603904C MISSILE DEFENSE INTEGRATION & OPER-

ATIONS CENTER (MDIOC).

50,549 50,549

087 0603906C REGARDING TRENCH ............................................... 12,564 27,564

MDA UPL—Classified increase ................................... [15,000 ]

088 0603907C SEA BASED X-BAND RADAR (SBX) ......................... 177,868 177,868

089 0603913C ISRAELI COOPERATIVE PROGRAMS ..................... 300,000 300,000

090 0603914C BALLISTIC MISSILE DEFENSE TEST .................... 360,455 360,455

091 0603915C BALLISTIC MISSILE DEFENSE TARGETS ............ 570,258 597,258

Advanced Reactive Target Simulation ........................ [10,000 ]

Hypersonic Maneuvering Extended Range (HMER)

Target System.

[2,000 ]

Hypersonic Target for MDA Advanced Target Front

End Configuration 3 (ATFE C3).

[5,000 ]

Hypersonic Targets and Countermeasures Program [10,000 ]

092 0603923D8Z COALITION WARFARE .............................................. 12,103 12,103

093 0604011D8Z NEXT GENERATION INFORMATION COMMU-

NICATIONS TECHNOLOGY (5G).

179,278 179,278

094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PRO-

GRAM.

3,185 3,185

095 0604102C GUAM DEFENSE DEVELOPMENT .......................... 397,578 544,578

INDOPACOM UPL—Guam Defense System,

INDOPACOM.

[147,000 ]

096 0604115C TECHNOLOGY MATURATION INITIATIVES ......... 6,000

Diode-Pumped Alkali Laser (DPAL) for Missile De-

fense.

[6,000 ]

097 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL INTEL-

LIGENCE OFFICER (CDAO)—MIP.

34,350 34,350

098 0604181C HYPERSONIC DEFENSE ........................................... 208,997 433,997

MDA UPL—Glide Phase Interceptor .......................... [225,000 ]

099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES ......... 1,085,826 1,062,226

Classified adjustment ................................................... [–28,600 ]

Mobile micronuclear reactors ....................................... [5,000 ]

100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS ..... 810,839 752,540

Radiation-Hardened Fully-Depleted Silicon-on-Insu-

lator Microelectronics.

[2,500 ]

Strategic Rad Hard Chiplet Design Accelaration ....... [2,500 ]

Unjustified growth ........................................................ [–63,299 ]

101 0604331D8Z RAPID PROTOTYPING PROGRAM ........................... 110,291 110,291

102 0604331J RAPID PROTOTYPING PROGRAM ........................... 9,880 9,880

104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED

SYSTEM COMMON DEVELOPMENT.

2,643 2,643

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137 STAT. 881 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

105 0604551BR CATAPULT INFORMATION SYSTEM ...................... 8,328 8,328

106 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVE-

MENT—NON S&T.

53,726 60,726

High Energy Laser Power Beaming ............................ [7,000 ]

108 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC

ANALYSIS (SSA).

3,206 3,206

109 0604790D8Z RAPID DEFENSE EXPERIMENTATION RESERVE

(RDER).

79,773 79,773

110 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTE-

GRATION AND INTEROPERABILITY ASSESS-

MENTS.

28,517 28,517

111 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 103,517 103,517

112 0604874C IMPROVED HOMELAND DEFENSE INTERCEP-

TORS.

2,130,838 2,130,838

113 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DE-

FENSE SEGMENT TEST.

47,577 47,577

114 0604878C AEGIS BMD TEST ....................................................... 193,484 188,435

Excess growth ................................................................ [–5,049 ]

115 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST .... 111,049 111,049

116 0604880C LAND-BASED SM–3 (LBSM3) .................................... 22,163 22,163

117 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE

SEGMENT TEST.

41,824 41,824

118 0202057C SAFETY PROGRAM MANAGEMENT ....................... 2,484 2,484

119 0208059JCY CYBERCOM ACTIVITIES ........................................... 65,484 65,484

120 0208085JCY ROBUST INFRASTRUCTURE AND ACCESS .......... 170,182 135,535

Unjustified growth ........................................................ [–34,647 ]

121 0208086JCY CYBER TRAINING ENVIRONMENT (CTE) ............. 114,980 114,980

122 0300206R ENTERPRISE INFORMATION TECHNOLOGY

SYSTEMS.

2,156 2,156

123 0305103C CYBER SECURITY INITIATIVE ................................ 2,760 2,760

124 0305245D8Z INTELLIGENCE CAPABILITIES AND INNOVA-

TION INVESTMENTS.

3,000 3,000

125 0305251JCY CYBERSPACE OPERATIONS FORCES AND

FORCE SUPPORT.

2,669 2,669

126 0901579D8Z OFFICE OF STRATEGIC CAPITAL (OSC) ............... 99,000 99,000

129 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE

PROGRAMS.

109,483 109,483

SUBTOTAL ADVANCED COMPONENT DEVEL-

OPMENT & PROTOTYPES.

12,187,050 12,607,593

SYSTEM DEVELOPMENT & DEMONSTRA-

TION

130 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL INTEL-

LIGENCE OFFICER (CDAO)—DEM/VAL AC-

TIVITIES.

615,246 582,346

Insufficient justification ................................................ [–32,900 ]

130A 999999 JADC2 ............................................................................ 174,000

Program increase—Joint Fires Network (JFN) .......... [174,000 ]

131 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SE-

CURITY EQUIPMENT RDT&E SDD.

6,229 6,229

132 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM—EMD.

382,977 362,380

Execution risk ................................................................ [–20,597 ]

133 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBU-

TION SYSTEM (JTIDS).

9,775 9,775

134 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION

SYSTEMS DEVELOPMENT.

14,414 14,414

135 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 6,953 6,953

136 0605021SE HOMELAND PERSONNEL SECURITY INITIA-

TIVE.

9,292 9,292

137 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ................. 18,981 18,981

138 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ........... 5,456 5,456

140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINAN-

CIAL SYSTEM.

32,629 32,629

141 0605141BR MISSION ASSURANCE RISK MANAGEMENT

SYSTEM (MARMS).

9,316 9,316

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137 STAT. 882 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

142 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT

CAPABILITIES.

6,899 6,899

143 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS ..... 297,586 276,586

Program decrease .......................................................... [–21,000 ]

145 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMU-

NICATIONS.

4,110 4,110

146 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION

MANAGEMENT (EEIM).

8,159 8,159

147 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND

DEMONSTRATION.

14,471 14,471

148 0505167D8Z DOMESTIC PREPAREDNESS AGAINST WEAP-

ONS OF MASS DESTRUCTION.

3,770 3,770

SUBTOTAL SYSTEM DEVELOPMENT & DEM-

ONSTRATION.

1,446,263 1,545,766

MANAGEMENT SUPPORT

149 0603829J JOINT CAPABILITY EXPERIMENTATION ............. 12,402 12,402

150 0604774D8Z DEFENSE READINESS REPORTING SYSTEM

(DRRS).

12,746 12,746

151 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOP-

MENT.

8,426 8,426

152 0604940D8Z CENTRAL TEST AND EVALUATION INVEST-

MENT DEVELOPMENT (CTEIP).

833,792 836,292

Reusable Hypersonic Testbed ...................................... [2,500 ]

153 0604942D8Z ASSESSMENTS AND EVALUATIONS ...................... 5,810 5,810

154 0605001E MISSION SUPPORT .................................................... 99,090 99,090

155 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPA-

BILITY (JMETC).

187,421 187,421

156 0605126J JOINT INTEGRATED AIR AND MISSILE DE-

FENSE ORGANIZATION (JIAMDO).

61,477 61,477

158 0605142D8Z SYSTEMS ENGINEERING ......................................... 39,949 39,949

159 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ........... 6,292 6,292

160 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ......... 21,043 21,043

161 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION

INTEGRATION.

10,504 10,504

162 0605200D8Z GENERAL SUPPORT TO OUSD(INTELLIGENCE

AND SECURITY).

2,980 2,980

163 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PRO-

GRAM.

74,382 74,382

170 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH

(SBIR)/ SMALL BUSINESS TECHNOLOGY

TRANSFER.

3,831 3,831

171 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE ........ 38,923 38,923

172 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ..................... 60,404 60,404

173 0605801KA DEFENSE TECHNICAL INFORMATION CENTER

(DTIC).

65,715 65,715

174 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TEST-

ING AND EVALUATION.

26,037 26,037

175 0605804D8Z DEVELOPMENT TEST AND EVALUATION ........... 37,353 37,353

176 0605898E MANAGEMENT HQ—R&D ......................................... 14,833 14,833

177 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL IN-

FORMATION CENTER (DTIC).

3,752 3,752

178 0606005D8Z SPECIAL ACTIVITIES ................................................. 18,088 18,088

179 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ............. 14,427 14,427

180 0606114D8Z ANALYSIS WORKING GROUP (AWG) SUPPORT .. 4,200 4,200

181 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL INTEL-

LIGENCE OFFICER (CDAO) ACTIVITIES.

17,247 17,247

182 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANAL-

YSIS.

3,386 3,386

183 0606300D8Z DEFENSE SCIENCE BOARD ..................................... 2,352 2,352

184 0606301D8Z AVIATION SAFETY TECHNOLOGIES ..................... 213 213

186 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY

POLICY.

45,194 45,194

187 0606853BR MANAGEMENT, TECHNICAL & INTER-

NATIONAL SUPPORT.

11,919 11,919

188 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE

(DOSI).

3,112 3,112

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137 STAT. 883 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

189 0204571J JOINT STAFF ANALYTICAL SUPPORT .................. 4,916 4,916

190 0208045K C4I INTEROPERABILITY ........................................... 66,152 66,152

195 0305172K COMBINED ADVANCED APPLICATIONS .............. 5,366 5,366

197 0305208K DISTRIBUTED COMMON GROUND/SURFACE

SYSTEMS.

3,069 3,069

199 0804768J COCOM EXERCISE ENGAGEMENT AND TRAIN-

ING TRANSFORMATION (CE2T2)—NON-MHA.

101,319 95,019

No JLVC acquisition strategy ...................................... [–6,300 ]

200 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGE-

MENT INSTITUTE (DEOMI).

740 740

201 0901598C MANAGEMENT HQ—MDA ........................................ 28,363 28,363

202 0903235K JOINT SERVICE PROVIDER (JSP) ........................... 5,177 5,177

9999 9999999999 CLASSIFIED PROGRAMS .......................................... 36,315 36,315

SUBTOTAL MANAGEMENT SUPPORT ............... 1,998,717 1,994,917

OPERATIONAL SYSTEMS DEVELOPMENT

203 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ............... 42,482 42,482

205 0607210D8Z INDUSTRIAL BASE ANALYSIS AND

SUSTAINMENT SUPPORT.

1,017,141 1,025,141

Domestic advanced microelectronics packaging ......... [5,000 ]

Shipbuilding and ship repair workforce development [3,000 ]

206 0607310D8Z COUNTERPROLIFERATION SPECIAL

PROJECTS: OPERATIONAL SYSTEMS DEVEL-

OPMENT.

12,713 12,713

207 0607327T GLOBAL THEATER SECURITY COOPERATION

MANAGEMENT INFORMATION SYSTEMS (G-

TSCMIS).

8,503 8,503

208 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPER-

ATIONAL SYSTEMS DEVELOPMENT).

80,495 80,495

209 0208097JCY CYBER COMMAND AND CONTROL (CYBER C2) .. 95,733 95,733

210 0208099JCY DATA AND UNIFIED PLATFORM (D&UP) ............. 138,558 138,558

214 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEER-

ING AND INTEGRATION.

19,299 19,299

215 0303126K LONG-HAUL COMMUNICATIONS—DCS ................ 37,726 37,726

216 0303131K MINIMUM ESSENTIAL EMERGENCY COMMU-

NICATIONS NETWORK (MEECN).

5,037 5,037

218 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 97,171 91,171

Program decrease .......................................................... [–6,000 ]

220 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 8,351 8,351

222 0303153K DEFENSE SPECTRUM ORGANIZATION ................. 35,995 35,995

223 0303171K JOINT PLANNING AND EXECUTION SERVICES 5,677 5,677

224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) ..... 3,196 3,196

228 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) CYBER SE-

CURITY INITIATIVE.

25,655 25,655

232 0305133V INDUSTRIAL SECURITY ACTIVITIES .................... 2,134 2,134

235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE AC-

TIVITIES.

2,295 2,295

236 0305172D8Z COMBINED ADVANCED APPLICATIONS .............. 52,736 52,736

239 0305186D8Z POLICY R&D PROGRAMS .......................................... 6,263 6,263

240 0305199D8Z NET CENTRICITY ....................................................... 23,275 21,963

Prior year underexecution ............................................ [–1,312 ]

242 0305208BB DISTRIBUTED COMMON GROUND/SURFACE

SYSTEMS.

6,214 6,214

249 0305327V INSIDER THREAT ....................................................... 2,971 2,971

250 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANS-

FER PROGRAM.

1,879 1,879

257 0306250JCY CYBER OPERATIONS TECHNOLOGY SUPPORT .. 469,385 476,385

Modernization of Department of Defense Internet

Gateway Cyber Defense.

[7,000 ]

261 0505167D8Z DOMESTIC PREPAREDNESS AGAINST WEAP-

ONS OF MASS DESTRUCTION.

1,760 1,760

262 0708012K LOGISTICS SUPPORT ACTIVITIES ......................... 1,420 1,420

263 0708012S PACIFIC DISASTER CENTERS ................................. 1,905 1,905

264 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYS-

TEM.

3,249 3,249

265 1105219BB MQ–9 UAV .................................................................... 37,188 67,188

Adaptive Airborne Enterprise (A2E) ........................... [30,000 ]

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137 STAT. 884 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

(In Thousands of Dollars)

Line

Program

Element

Item

FY 2024

Request

Conference

Authorized

267 1160403BB AVIATION SYSTEMS .................................................. 216,174 222,174

Alternative Domestic Source AC–130J IRSS .............. [6,000 ]

268 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT ......... 86,737 86,737

269 1160408BB OPERATIONAL ENHANCEMENTS .......................... 216,135 216,135

270 1160431BB WARRIOR SYSTEMS ................................................... 263,374 268,374

Counter Uncrewed Aerial Systems (CUAS) Group 3

Defeat Acceleration.

[5,000 ]

271 1160432BB SPECIAL PROGRAMS ................................................. 529 529

272 1160434BB UNMANNED ISR ......................................................... 6,727 6,727

273 1160480BB SOF TACTICAL VEHICLES ....................................... 9,335 9,335

274 1160483BB MARITIME SYSTEMS ................................................. 158,231 158,231

275 1160490BB OPERATIONAL ENHANCEMENTS INTEL-

LIGENCE.

15,749 15,749

9999 9999999999 CLASSIFIED PROGRAMS .......................................... 8,463,742 8,463,742

SUBTOTAL OPERATIONAL SYSTEMS DEVEL-

OPMENT.

11,683,139 11,731,827

SOFTWARE AND DIGITAL TECHNOLOGY

PILOT PROGRAMS

278 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT

PROGRAM.

21,355 21,355

279 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ..... 33,166 33,166

9999 9999999999 CLASSIFIED PROGRAMS .......................................... 270,653 270,653

SUBTOTAL SOFTWARE AND DIGITAL TECH-

NOLOGY PILOT PROGRAMS.

325,174 325,174

TOTAL RESEARCH, DEVELOPMENT, TEST &

EVAL, DW.

36,185,834 36,929,997

OPERATIONAL TEST & EVAL, DEFENSE

MANAGEMENT SUPPORT

001 0605118OTE OPERATIONAL TEST AND EVALUATION ............. 169,544 169,544

002 0605131OTE LIVE FIRE TEST AND EVALUATION ...................... 103,252 103,252

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANAL-

YSES.

58,693 58,693

SUBTOTAL MANAGEMENT SUPPORT ............... 331,489 331,489

TOTAL OPERATIONAL TEST & EVAL, DE-

FENSE.

331,489 331,489

TOTAL RDT&E ........................................................... 144,979,625 145,944,719

TITLE XLIII—OPERATION AND

MAINTENANCE

SEC. 4301. OPERATION AND MAINTENANCE.

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

OPERATION AND MAINTENANCE, ARMY

OPERATING FORCES

010 MANEUVER UNITS ....................................................... 3,943,409 4,203,409

Program increase: Expanding INDOPACOM cam-

paigning activities ................................................ [360,000 ]

Unjustified growth ................................................... [–100,000 ]

020 MODULAR SUPPORT BRIGADES ............................... 225,238 225,238

030 ECHELONS ABOVE BRIGADE .................................... 947,395 933,395

Underexecution ........................................................ [–14,000 ]

040 THEATER LEVEL ASSETS .......................................... 2,449,141 2,439,141

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137 STAT. 885 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

Underexecution ........................................................ [–10,000 ]

050 LAND FORCES OPERATIONS SUPPORT .................. 1,233,070 1,219,070

Underexecution ........................................................ [–14,000 ]

060 AVIATION ASSETS ........................................................ 2,046,144 2,006,144

Unjustified growth ................................................... [–40,000 ]

070 FORCE READINESS OPERATIONS SUPPORT ......... 7,149,427 7,095,427

Unjustified growth ................................................... [–54,000 ]

080 LAND FORCES SYSTEMS READINESS ..................... 475,435 475,435

090 LAND FORCES DEPOT MAINTENANCE .................. 1,423,560 1,423,560

100 MEDICAL READINESS ................................................. 951,499 951,499

110 BASE OPERATIONS SUPPORT ................................... 9,943,031 9,930,362

Fire and Emergency Services .................................. [15,000 ]

Unjustified growth ................................................... [–27,669 ]

120 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 5,381,757 5,705,353

Program increase ..................................................... [323,596 ]

130 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS .................................................................. 313,612 313,612

140 ADDITIONAL ACTIVITIES ........................................... 454,565 454,565

150 RESET .............................................................................. 447,987 447,987

160 US AFRICA COMMAND ................................................ 414,680 564,680

AFRICOM UPL—High-risk ISR ............................. [150,000 ]

170 US EUROPEAN COMMAND ........................................ 408,529 408,529

180 US SOUTHERN COMMAND ........................................ 285,692 285,692

190 US FORCES KOREA ...................................................... 88,463 88,463

200 CYBERSPACE ACTIVITIES—CYBERSPACE OPER-

ATIONS ........................................................................ 507,845 507,845

210 CYBERSPACE ACTIVITIES—CYBERSECURITY ...... 704,667 704,667

SUBTOTAL OPERATING FORCES .................. 39,795,146 40,384,073

MOBILIZATION

230 STRATEGIC MOBILITY ................................................ 470,143 470,143

240 ARMY PREPOSITIONED STOCKS .............................. 433,909 433,909

250 INDUSTRIAL PREPAREDNESS .................................. 4,244 4,244

SUBTOTAL MOBILIZATION ............................. 908,296 908,296

TRAINING AND RECRUITING

260 OFFICER ACQUISITION .............................................. 178,428 178,428

270 RECRUIT TRAINING .................................................... 78,235 78,235

280 ONE STATION UNIT TRAINING ................................ 114,777 114,777

290 SENIOR RESERVE OFFICERS TRAINING CORPS .. 551,462 551,462

300 SPECIALIZED SKILL TRAINING ................................ 1,147,431 1,132,431

Unjustified growth ................................................... [–15,000 ]

310 FLIGHT TRAINING ....................................................... 1,398,415 1,398,415

320 PROFESSIONAL DEVELOPMENT EDUCATION ..... 200,779 200,779

330 TRAINING SUPPORT .................................................... 682,896 682,896

340 RECRUITING AND ADVERTISING ............................ 690,280 780,280

Recruiting and advertising increase ....................... [90,000 ]

350 EXAMINING ................................................................... 195,009 195,009

360 OFF-DUTY AND VOLUNTARY EDUCATION ............ 260,235 260,235

370 CIVILIAN EDUCATION AND TRAINING .................. 250,252 250,252

380 JUNIOR RESERVE OFFICER TRAINING CORPS .... 204,895 204,895

SUBTOTAL TRAINING AND RECRUITING .. 5,953,094 6,028,094

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

400 SERVICEWIDE TRANSPORTATION ........................... 718,323 718,323

410 CENTRAL SUPPLY ACTIVITIES ................................. 900,624 875,624

Unjustified growth ................................................... [–25,000 ]

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137 STAT. 886 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

420 LOGISTIC SUPPORT ACTIVITIES .............................. 828,059 828,059

430 AMMUNITION MANAGEMENT .................................. 464,029 464,029

440 ADMINISTRATION ........................................................ 537,837 537,837

450 SERVICEWIDE COMMUNICATIONS ......................... 1,962,059 1,937,059

Insufficient justification ........................................... [–25,000 ]

460 MANPOWER MANAGEMENT ...................................... 361,553 358,553

Unjustified growth ................................................... [–3,000 ]

470 OTHER PERSONNEL SUPPORT ................................. 829,248 829,248

480 OTHER SERVICE SUPPORT ........................................ 2,370,107 2,365,107

Unjustified growth ................................................... [–5,000 ]

490 ARMY CLAIMS ACTIVITIES ........................................ 203,323 203,323

500 REAL ESTATE MANAGEMENT .................................. 286,682 286,682

510 FINANCIAL MANAGEMENT AND AUDIT READI-

NESS ............................................................................ 455,928 455,928

520 DEF ACQUISITION WORKFORCE DEVELOPMENT

ACCOUNT .................................................................... 39,867 39,867

530 INTERNATIONAL MILITARY HEADQUARTERS ..... 610,201 610,201

540 MISC. SUPPORT OF OTHER NATIONS ..................... 38,948 38,948

590A CLASSIFIED PROGRAMS ............................................. 2,291,229 2,291,229

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 12,898,017 12,840,017

UNDISTRIBUTED

600 UNDISTRIBUTED .......................................................... –337,600

Foreign currency fluctuations ................................. [–208,000 ]

Unobligated balances ............................................... [–129,600 ]

SUBTOTAL UNDISTRIBUTED .......................... –337,600

TOTAL OPERATION AND MAINTE-

NANCE, ARMY ............................................... 59,554,553 59,822,880

OPERATION AND MAINTENANCE, ARMY RE-

SERVE

OPERATING FORCES

010 MODULAR SUPPORT BRIGADES ............................... 15,208 15,208

020 ECHELONS ABOVE BRIGADE .................................... 720,802 720,802

030 THEATER LEVEL ASSETS .......................................... 143,400 143,400

040 LAND FORCES OPERATIONS SUPPORT .................. 707,654 707,654

050 AVIATION ASSETS ........................................................ 134,346 134,346

060 FORCE READINESS OPERATIONS SUPPORT ......... 451,178 451,178

070 LAND FORCES SYSTEMS READINESS ..................... 97,564 97,564

080 LAND FORCES DEPOT MAINTENANCE .................. 45,711 45,711

090 BASE OPERATIONS SUPPORT ................................... 608,079 606,079

Unjustified growth ................................................... [–2,000 ]

100 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 495,435 495,435

110 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS .................................................................. 28,783 28,783

120 CYBERSPACE ACTIVITIES—CYBERSPACE OPER-

ATIONS ........................................................................ 3,153 3,153

130 CYBERSPACE ACTIVITIES—CYBERSECURITY ...... 19,591 19,591

SUBTOTAL OPERATING FORCES .................. 3,470,904 3,468,904

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

140 SERVICEWIDE TRANSPORTATION ........................... 19,155 19,155

150 ADMINISTRATION ........................................................ 21,668 21,668

160 SERVICEWIDE COMMUNICATIONS ......................... 44,118 44,118

170 MANPOWER MANAGEMENT ...................................... 7,127 7,127

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137 STAT. 887 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

180 RECRUITING AND ADVERTISING ............................ 67,976 67,976

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 160,044 160,044

UNDISTRIBUTED

210 UNDISTRIBUTED .......................................................... –14,300

Foreign currency fluctuations ................................. [–10,900 ]

Unobligated balances ............................................... [–3,400 ]

SUBTOTAL UNDISTRIBUTED .......................... –14,300

TOTAL OPERATION AND MAINTE-

NANCE, ARMY RESERVE ........................... 3,630,948 3,614,648

OPERATION AND MAINTENANCE, ARMY NA-

TIONAL GUARD

OPERATING FORCES

010 MANEUVER UNITS ....................................................... 925,071 925,071

020 MODULAR SUPPORT BRIGADES ............................... 201,781 201,781

030 ECHELONS ABOVE BRIGADE .................................... 840,373 833,373

Unjustified growth ................................................... [–7,000 ]

040 THEATER LEVEL ASSETS .......................................... 107,392 105,392

Unjustified growth ................................................... [–2,000 ]

050 LAND FORCES OPERATIONS SUPPORT .................. 62,908 62,908

060 AVIATION ASSETS ........................................................ 1,113,908 1,102,908

Unjustified growth ................................................... [–11,000 ]

070 FORCE READINESS OPERATIONS SUPPORT ......... 832,946 831,446

Training Exercise Support ...................................... [3,500 ]

Unjustified growth ................................................... [–5,000 ]

080 LAND FORCES SYSTEMS READINESS ..................... 50,696 50,696

090 LAND FORCES DEPOT MAINTENANCE .................. 231,784 231,784

100 BASE OPERATIONS SUPPORT ................................... 1,249,066 1,249,066

110 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 1,081,561 1,081,561

120 MANAGEMENT AND OPERATIONAL HEAD-

QUARTERS .................................................................. 1,468,857 1,468,857

130 CYBERSPACE ACTIVITIES—CYBERSPACE OPER-

ATIONS ........................................................................ 9,566 9,566

140 CYBERSPACE ACTIVITIES—CYBERSECURITY ...... 15,710 15,710

SUBTOTAL OPERATING FORCES .................. 8,191,619 8,170,119

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

150 SERVICEWIDE TRANSPORTATION ........................... 7,251 7,251

160 ADMINISTRATION ........................................................ 66,025 66,025

170 SERVICEWIDE COMMUNICATIONS ......................... 113,366 113,366

180 MANPOWER MANAGEMENT ...................................... 8,663 8,663

190 OTHER PERSONNEL SUPPORT ................................. 292,426 292,426

200 REAL ESTATE MANAGEMENT .................................. 3,754 3,754

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 491,485 491,485

UNDISTRIBUTED

230 UNDISTRIBUTED .......................................................... –49,000

Foreign currency fluctuations ................................. [–29,000 ]

Unobligated balances ............................................... [–20,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –49,000

TOTAL OPERATION AND MAINTE-

NANCE, ARMY NATIONAL GUARD ......... 8,683,104 8,612,604

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137 STAT. 888 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

COUNTER-ISLAMIC STATE OF IRAQ AND

SYRIA TRAIN AND EQUIP

COUNTER ISIS TRAIN AND EQUIP FUND

(CTEF)

010 IRAQ ................................................................................. 241,950 241,950

020 SYRIA ............................................................................... 156,000 156,000

SUBTOTAL COUNTER ISIS TRAIN AND

EQUIP FUND (CTEF) ....................................... 397,950 397,950

TOTAL COUNTER-ISLAMIC STATE OF

IRAQ AND SYRIA TRAIN AND EQUIP .... 397,950 397,950

OPERATION AND MAINTENANCE, NAVY

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 7,882,504 7,882,504

020 FLEET AIR TRAINING ................................................. 2,773,957 2,773,957

030 AVIATION TECHNICAL DATA & ENGINEERING

SERVICES ................................................................... 73,047 73,047

040 AIR OPERATIONS AND SAFETY SUPPORT ............. 213,862 213,862

050 AIR SYSTEMS SUPPORT ............................................. 1,155,463 1,155,463

060 AIRCRAFT DEPOT MAINTENANCE .......................... 1,857,021 1,857,021

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 66,822 66,822

080 AVIATION LOGISTICS .................................................. 1,871,670 1,871,670

090 MISSION AND OTHER SHIP OPERATIONS ............. 7,015,796 7,005,796

Underexecution ........................................................ [–10,000 ]

100 SHIP OPERATIONS SUPPORT & TRAINING ........... 1,301,108 1,301,108

110 SHIP DEPOT MAINTENANCE .................................... 11,164,249 11,164,249

120 SHIP DEPOT OPERATIONS SUPPORT ...................... 2,728,712 2,728,712

130 COMBAT COMMUNICATIONS AND ELECTRONIC

WARFARE ................................................................... 1,776,881 1,803,381

AFRICOM UPL—Somalia Persistent Presence ..... [26,500 ]

140 SPACE SYSTEMS AND SURVEILLANCE .................. 389,915 389,915

150 WARFARE TACTICS ...................................................... 1,005,998 1,005,998

160 OPERATIONAL METEOROLOGY AND OCEANOG-

RAPHY ......................................................................... 455,330 455,330

170 COMBAT SUPPORT FORCES ...................................... 2,350,089 2,336,089

Naval Small Craft Instruction and Technical

Training School ..................................................... [6,000 ]

Unjustified growth ................................................... [–20,000 ]

180 EQUIPMENT MAINTENANCE AND DEPOT OPER-

ATIONS SUPPORT ..................................................... 189,044 189,044

200 COMBATANT COMMANDERS CORE OPERATIONS 92,504 92,504

210 COMBATANT COMMANDERS DIRECT MISSION

SUPPORT ..................................................................... 352,980 416,980

INDOPACOM campaigning .................................... [36,000 ]

Joint Training Team ................................................ [28,000 ]

230 CYBERSPACE ACTIVITIES .......................................... 522,180 522,180

240 FLEET BALLISTIC MISSILE ....................................... 1,763,238 1,763,238

250 WEAPONS MAINTENANCE ......................................... 1,640,642 1,615,642

Underexecution ........................................................ [–25,000 ]

260 OTHER WEAPON SYSTEMS SUPPORT ..................... 696,653 696,653

270 ENTERPRISE INFORMATION ..................................... 1,780,645 1,762,645

Insufficient justification ........................................... [–18,000 ]

280 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 4,406,192 4,714,316

Dry Dock Repairs at PSNS Investment Restora-

tion and Modernization ........................................ [200,000 ]

Hangar resilience and repair .................................. [20,000 ]

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137 STAT. 889 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

Program increase ..................................................... [88,124 ]

290 BASE OPERATING SUPPORT ..................................... 6,223,827 6,221,627

Navy divestment of electrical utility operations at

former Naval Air Station Barbers Point ............ [18,000 ]

Unjustified growth ................................................... [–20,200 ]

SUBTOTAL OPERATING FORCES .................. 61,750,329 62,079,753

MOBILIZATION

300 SHIP PREPOSITIONING AND SURGE ...................... 475,255 475,255

310 READY RESERVE FORCE ............................................ 701,060 701,060

320 SHIP ACTIVATIONS/INACTIVATIONS ...................... 302,930 302,930

330 EXPEDITIONARY HEALTH SERVICES SYSTEMS .. 151,966 151,966

340 COAST GUARD SUPPORT ........................................... 21,464 21,464

SUBTOTAL MOBILIZATION ............................. 1,652,675 1,652,675

TRAINING AND RECRUITING

350 OFFICER ACQUISITION .............................................. 201,555 201,555

360 RECRUIT TRAINING .................................................... 16,521 16,521

370 RESERVE OFFICERS TRAINING CORPS .................. 175,171 175,171

380 SPECIALIZED SKILL TRAINING ................................ 1,238,894 1,233,894

Unjustified growth ................................................... [–5,000 ]

390 PROFESSIONAL DEVELOPMENT EDUCATION ..... 335,603 335,603

400 TRAINING SUPPORT .................................................... 390,931 390,931

410 RECRUITING AND ADVERTISING ............................ 269,483 269,483

420 OFF-DUTY AND VOLUNTARY EDUCATION ............ 90,452 90,452

430 CIVILIAN EDUCATION AND TRAINING .................. 73,406 73,406

440 JUNIOR ROTC ................................................................ 58,970 58,970

SUBTOTAL TRAINING AND RECRUITING .. 2,850,986 2,845,986

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

450 ADMINISTRATION ........................................................ 1,350,449 1,338,449

Program decrease ..................................................... [–12,000 ]

460 CIVILIAN MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 242,760 242,760

470 MILITARY MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 745,666 745,666

490 MEDICAL ACTIVITIES ................................................. 323,978 323,978

500 DEF ACQUISITION WORKFORCE DEVELOPMENT

ACCOUNT .................................................................... 67,357 67,357

510 SERVICEWIDE TRANSPORTATION ........................... 248,822 248,822

530 PLANNING, ENGINEERING, AND PROGRAM SUP-

PORT ............................................................................ 616,816 616,816

540 ACQUISITION, LOGISTICS, AND OVERSIGHT ....... 850,906 850,906

550 INVESTIGATIVE AND SECURITY SERVICES .......... 888,508 888,508

730A CLASSIFIED PROGRAMS ............................................. 655,281 655,281

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 5,990,543 5,978,543

UNDISTRIBUTED

740 UNDISTRIBUTED .......................................................... –462,300

Foreign currency fluctuations ................................. [–236,300 ]

Unobligated balances ............................................... [–226,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –462,300

TOTAL OPERATION AND MAINTE-

NANCE, NAVY ................................................ 72,244,533 72,094,657

OPERATION AND MAINTENANCE, MARINE

CORPS

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137 STAT. 890 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

OPERATING FORCES

010 OPERATIONAL FORCES .............................................. 1,799,964 1,793,964

INDOPACOM campaigning .................................... [8,000 ]

Unjustified growth ................................................... [–14,000 ]

020 FIELD LOGISTICS ......................................................... 1,878,228 1,853,228

Unjustified growth ................................................... [–25,000 ]

030 DEPOT MAINTENANCE ............................................... 211,460 211,460

040 MARITIME PREPOSITIONING .................................... 137,831 137,831

060 CYBERSPACE ACTIVITIES .......................................... 205,449 205,449

070 SUSTAINMENT, RESTORATION & MODERNIZA-

TION ............................................................................. 1,211,183 1,235,407

Program increase ..................................................... [24,224 ]

080 BASE OPERATING SUPPORT ..................................... 3,124,551 3,084,801

Unjustified growth ................................................... [–42,750 ]

USMC Nucleated Foam Engine Wash ................... [3,000 ]

SUBTOTAL OPERATING FORCES .................. 8,568,666 8,522,140

TRAINING AND RECRUITING

090 RECRUIT TRAINING .................................................... 26,284 26,284

100 OFFICER ACQUISITION .............................................. 1,316 1,316

110 SPECIALIZED SKILL TRAINING ................................ 133,176 133,176

120 PROFESSIONAL DEVELOPMENT EDUCATION ..... 66,213 66,213

130 TRAINING SUPPORT .................................................... 570,152 570,152

140 RECRUITING AND ADVERTISING ............................ 246,586 300,903

Marine Corps Enlisted Training Corps .................. [5,000 ]

Recruiting and advertising increase ....................... [49,317 ]

150 OFF-DUTY AND VOLUNTARY EDUCATION ............ 55,230 55,230

160 JUNIOR ROTC ................................................................ 29,616 29,616

SUBTOTAL TRAINING AND RECRUITING .. 1,128,573 1,182,890

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

180 SERVICEWIDE TRANSPORTATION ........................... 90,366 90,366

190 ADMINISTRATION ........................................................ 428,650 428,650

220A CLASSIFIED PROGRAMS ............................................. 65,658 65,658

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 584,674 584,674

UNDISTRIBUTED

230 UNDISTRIBUTED .......................................................... –65,800

Foreign currency fluctuations ................................. [–33,800 ]

Unobligated balances ............................................... [–32,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –65,800

TOTAL OPERATION AND MAINTE-

NANCE, MARINE CORPS ............................ 10,281,913 10,223,904

OPERATION AND MAINTENANCE, NAVY RE-

SERVE

OPERATING FORCES

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 731,113 731,113

020 INTERMEDIATE MAINTENANCE .............................. 10,122 10,122

030 AIRCRAFT DEPOT MAINTENANCE .......................... 167,811 167,811

040 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 103 103

050 AVIATION LOGISTICS .................................................. 29,185 29,185

060 COMBAT COMMUNICATIONS .................................... 20,806 20,806

070 COMBAT SUPPORT FORCES ...................................... 186,590 186,590

080 CYBERSPACE ACTIVITIES .......................................... 296 296

090 ENTERPRISE INFORMATION ..................................... 32,467 32,467

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137 STAT. 891 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

100 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 63,726 63,726

110 BASE OPERATING SUPPORT ..................................... 121,064 121,064

SUBTOTAL OPERATING FORCES .................. 1,363,283 1,363,283

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

120 ADMINISTRATION ........................................................ 2,025 2,025

130 MILITARY MANPOWER AND PERSONNEL MAN-

AGEMENT ................................................................... 13,401 13,401

140 ACQUISITION AND PROGRAM MANAGEMENT ..... 2,101 2,101

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 17,527 17,527

UNDISTRIBUTED

170 UNDISTRIBUTED .......................................................... –8,100

Foreign currency fluctuations ................................. [–3,900 ]

Unobligated balances ............................................... [–4,200 ]

SUBTOTAL UNDISTRIBUTED .......................... –8,100

TOTAL OPERATION AND MAINTE-

NANCE, NAVY RESERVE ............................ 1,380,810 1,372,710

OPERATION AND MAINTENANCE, MARINE

CORPS RESERVE

OPERATING FORCES

010 OPERATING FORCES ................................................... 128,468 128,468

020 DEPOT MAINTENANCE ............................................... 20,967 20,967

030 SUSTAINMENT, RESTORATION AND MOD-

ERNIZATION .............................................................. 46,589 46,589

040 BASE OPERATING SUPPORT ..................................... 120,808 120,808

SUBTOTAL OPERATING FORCES .................. 316,832 316,832

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

050 ADMINISTRATION ........................................................ 12,563 12,563

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 12,563 12,563

UNDISTRIBUTED

060 UNDISTRIBUTED .......................................................... –4,900

Foreign currency fluctuations ................................. [–3,900 ]

Unobligated balances ............................................... [–1,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –4,900

TOTAL OPERATION AND MAINTE-

NANCE, MARINE CORPS RESERVE ....... 329,395 324,495

OPERATION AND MAINTENANCE, AIR FORCE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ...................................... 980,768 936,068

Technical realignment ............................................. [–14,700 ]

Unjustified growth ................................................... [–30,000 ]

020 COMBAT ENHANCEMENT FORCES ......................... 2,665,924 2,733,924

INDOPACOM Campaigning ................................... [104,000 ]

Unjustified growth ................................................... [–36,000 ]

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN

SKILLS) ........................................................................ 1,630,552 1,611,552

Unjustified growth ................................................... [–19,000 ]

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137 STAT. 892 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 4,632,693 4,644,043

F–22 Block 20 buy-back costs ................................. [11,350 ]

050 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 4,252,815 4,279,719

DAF requested realignment of funds ..................... [–58,152 ]

Program increase ..................................................... [85,056 ]

060 CYBERSPACE SUSTAINMENT ................................... 229,440 229,440

070 CONTRACTOR LOGISTICS SUPPORT AND SYS-

TEM SUPPORT ........................................................... 9,537,192 9,679,142

F–22 Block 20 buy-back costs ................................. [181,950 ]

Underexecution ........................................................ [–40,000 ]

080 FLYING HOUR PROGRAM ........................................... 6,697,549 6,600,149

F–22 Block 20 buy-back costs ................................. [17,600 ]

Underexecution ........................................................ [–115,000 ]

090 BASE SUPPORT ............................................................. 11,633,510 11,310,018

DAF requested realignment of funds ..................... [–223,192 ]

DAF requested realignment of funds from SAG

11A ......................................................................... [14,700 ]

Underexecution ........................................................ [–115,000 ]

100 GLOBAL C3I AND EARLY WARNING ........................ 1,350,827 1,301,476

Technical realignment ............................................. [–30,951 ]

Unjustified request .................................................. [–18,400 ]

110 OTHER COMBAT OPS SPT PROGRAMS ................... 1,817,941 1,804,941

Unjustified growth ................................................... [–13,000 ]

120 CYBERSPACE ACTIVITIES .......................................... 807,966 807,966

130 TACTICAL INTEL AND OTHER SPECIAL ACTIVI-

TIES .............................................................................. 267,615 267,615

160 US NORTHCOM/NORAD .............................................. 245,263 245,263

170 US STRATCOM ............................................................... 541,720 541,720

190 US CENTCOM ................................................................ 335,220 329,220

Office of Security Cooperation-Iraq reduction ....... [–6,000 ]

200 US SOCOM ...................................................................... 27,511 27,511

210 US TRANSCOM .............................................................. 607 607

220 CENTCOM CYBERSPACE SUSTAINMENT ............... 1,415 1,415

230 USSPACECOM ................................................................ 373,989 373,989

240 MEDICAL READINESS ................................................. 564,880 562,596

Technical realignment ............................................. [–2,284 ]

480A CLASSIFIED PROGRAMS ............................................. 1,465,926 1,465,926

SUBTOTAL OPERATING FORCES .................. 50,061,323 49,754,300

MOBILIZATION

260 AIRLIFT OPERATIONS ................................................. 3,012,287 3,012,287

270 MOBILIZATION PREPAREDNESS .............................. 241,918 241,918

SUBTOTAL MOBILIZATION ............................. 3,254,205 3,254,205

TRAINING AND RECRUITING

280 OFFICER ACQUISITION .............................................. 202,769 202,769

290 RECRUIT TRAINING .................................................... 28,892 28,892

300 RESERVE OFFICERS TRAINING CORPS (ROTC) .... 137,647 137,647

310 SPECIALIZED SKILL TRAINING ................................ 588,131 588,131

320 FLIGHT TRAINING ....................................................... 875,230 862,989

Underexecution ........................................................ [–12,241 ]

330 PROFESSIONAL DEVELOPMENT EDUCATION ..... 301,262 303,262

Program increase ..................................................... [2,000 ]

340 TRAINING SUPPORT .................................................... 194,609 194,609

350 RECRUITING AND ADVERTISING ............................ 204,318 204,318

360 EXAMINING ................................................................... 7,775 7,775

370 OFF-DUTY AND VOLUNTARY EDUCATION ............ 263,421 263,421

380 CIVILIAN EDUCATION AND TRAINING .................. 343,039 343,039

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137 STAT. 893 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

390 JUNIOR ROTC ................................................................ 75,666 75,666

SUBTOTAL TRAINING AND RECRUITING .. 3,222,759 3,212,518

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

400 LOGISTICS OPERATIONS ............................................ 1,062,199 1,062,199

410 TECHNICAL SUPPORT ACTIVITIES ......................... 162,919 162,919

420 ADMINISTRATION ........................................................ 1,409,015 1,408,515

Program decrease—contract support ...................... [–500 ]

430 SERVICEWIDE COMMUNICATIONS ......................... 30,268 30,268

440 OTHER SERVICEWIDE ACTIVITIES ......................... 1,851,856 1,811,376

Technical realignment ............................................. [4,520 ]

Underexecution ........................................................ [–45,000 ]

450 CIVIL AIR PATROL ....................................................... 30,901 30,901

460 DEF ACQUISITION WORKFORCE DEVELOPMENT

ACCOUNT .................................................................... 42,759 42,759

480 INTERNATIONAL SUPPORT ....................................... 115,267 115,267

490A CLASSIFIED PROGRAMS ............................................. 1,506,624 1,506,624

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 6,211,808 6,170,828

UNDISTRIBUTED

500 UNDISTRIBUTED .......................................................... –408,500

Foreign currency fluctuations ................................. [–208,500 ]

Unobligated balances ............................................... [–200,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –408,500

TOTAL OPERATION AND MAINTE-

NANCE, AIR FORCE ..................................... 62,750,095 61,983,351

OPERATION AND MAINTENANCE, SPACE

FORCE

OPERATING FORCES

010 GLOBAL C3I & EARLY WARNING ............................. 642,201 617,201

Unjustified growth ................................................... [–25,000 ]

020 SPACE LAUNCH OPERATIONS .................................. 356,162 356,162

030 SPACE OPERATIONS .................................................... 866,547 864,047

Unjustified growth ................................................... [–2,500 ]

040 EDUCATION & TRAINING .......................................... 199,181 212,353

Technical realignment ............................................. [18,172 ]

Unjustified growth ................................................... [–5,000 ]

050 SPECIAL PROGRAMS ................................................... 383,233 383,233

060 DEPOT MAINTENANCE ............................................... 67,757 67,757

070 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 678,648 692,221

Program increase ..................................................... [13,573 ]

080 CONTRACTOR LOGISTICS AND SYSTEM SUP-

PORT ............................................................................ 1,380,350 1,378,350

Unjustified growth ................................................... [–2,000 ]

090 SPACE OPERATIONS -BOS ......................................... 188,760 188,760

110A CLASSIFIED PROGRAMS ............................................. 71,475 71,475

SUBTOTAL OPERATING FORCES .................. 4,834,314 4,831,559

UNDISTRIBUTED

120 UNDISTRIBUTED .......................................................... –33,100

Foreign currency fluctuations ................................. [–14,100 ]

Unobligated balances ............................................... [–19,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –33,100

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137 STAT. 894 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

100 LOGISTICS OPERATIONS ............................................ 34,046 34,046

110 ADMINISTRATION ........................................................ 149,108 130,936

Technical realignment ............................................. [–18,172 ]

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 183,154 164,982

TOTAL OPERATION AND MAINTE-

NANCE, SPACE FORCE ............................... 5,017,468 4,963,441

OPERATION AND MAINTENANCE, AIR FORCE

RESERVE

OPERATING FORCES

010 PRIMARY COMBAT FORCES ...................................... 2,088,949 2,058,949

Unjustified growth ................................................... [–30,000 ]

020 MISSION SUPPORT OPERATIONS ............................ 198,213 198,213

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 647,758 647,758

040 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 122,314 122,314

050 CONTRACTOR LOGISTICS SUPPORT AND SYS-

TEM SUPPORT ........................................................... 374,442 374,442

060 BASE SUPPORT ............................................................. 543,962 543,962

070 CYBERSPACE ACTIVITIES .......................................... 1,742 1,742

SUBTOTAL OPERATING FORCES .................. 3,977,380 3,947,380

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

080 ADMINISTRATION ........................................................ 107,281 107,281

090 RECRUITING AND ADVERTISING ............................ 9,373 9,373

100 MILITARY MANPOWER AND PERS MGMT (ARPC) 15,563 15,563

110 OTHER PERS SUPPORT (DISABILITY COMP) ......... 6,174 6,174

120 AUDIOVISUAL ............................................................... 485 485

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 138,876 138,876

UNDISTRIBUTED

130 UNDISTRIBUTED .......................................................... –40,500

Foreign currency fluctuations ................................. [–12,500 ]

Unobligated balances ............................................... [–28,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –40,500

TOTAL OPERATION AND MAINTE-

NANCE, AIR FORCE RESERVE ................ 4,116,256 4,045,756

OPERATION AND MAINTENANCE, AIR NA-

TIONAL GUARD

OPERATING FORCES

010 AIRCRAFT OPERATIONS ............................................. 2,498,675 2,478,675

Unjustified growth ................................................... [–20,000 ]

020 MISSION SUPPORT OPERATIONS ............................ 656,714 656,714

030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,171,901 1,171,901

040 FACILITIES SUSTAINMENT, RESTORATION &

MODERNIZATION ..................................................... 370,188 370,188

050 CONTRACTOR LOGISTICS SUPPORT AND SYS-

TEM SUPPORT ........................................................... 1,280,003 1,262,003

Unjustified growth ................................................... [–18,000 ]

060 BASE SUPPORT ............................................................. 1,089,579 1,089,579

070 CYBERSPACE SUSTAINMENT ................................... 19,708 19,708

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137 STAT. 895 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

080 CYBERSPACE ACTIVITIES .......................................... 49,476 49,476

SUBTOTAL OPERATING FORCES .................. 7,136,244 7,098,244

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

090 ADMINISTRATION ........................................................ 68,417 68,417

100 RECRUITING AND ADVERTISING ............................ 49,033 49,033

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 117,450 117,450

UNDISTRIBUTED

110 UNDISTRIBUTED .......................................................... –46,200

Foreign currency fluctuations ................................. [–24,300 ]

Unobligated balances ............................................... [–21,900 ]

SUBTOTAL UNDISTRIBUTED .......................... –46,200

TOTAL OPERATION AND MAINTE-

NANCE, AIR NATIONAL GUARD .............. 7,253,694 7,169,494

OPERATION AND MAINTENANCE, DEFENSE-

WIDE

OPERATING FORCES

010 JOINT CHIEFS OF STAFF ........................................... 461,370 467,770

Combatant Commander’s Initiative Fund

(CCIF)—AFRICOM and SOUTHCOM ............... [10,000 ]

Unobligated balances ............................................... [–3,600 ]

020 JOINT CHIEFS OF STAFF—JTEEP ............................ 701,081 698,081

Unjustified growth ................................................... [–3,000 ]

030 JOINT CHIEFS OF STAFF—CYBER ........................... 8,210 8,210

040 OFFICE OF THE SECRETARY OF DEFENSE—

MISO ............................................................................ 252,480 252,480

060 SPECIAL OPERATIONS COMMAND COMBAT DE-

VELOPMENT ACTIVITIES ....................................... 2,012,953 2,012,953

070 SPECIAL OPERATIONS COMMAND MAINTE-

NANCE ......................................................................... 1,210,930 1,182,630

MQ–9 Unmanned Aerial Vehicle unjustified in-

crease ..................................................................... [–4,000 ]

Program decrease ..................................................... [–24,300 ]

080 SPECIAL OPERATIONS COMMAND MANAGE-

MENT/OPERATIONAL HEADQUARTERS .............. 202,574 199,968

Program decrease ..................................................... [–2,606 ]

090 SPECIAL OPERATIONS COMMAND THEATER

FORCES ....................................................................... 3,346,004 3,337,278

Program decrease ..................................................... [–8,726 ]

100 SPECIAL OPERATIONS COMMAND CYBERSPACE

ACTIVITIES ................................................................. 49,757 49,757

110 SPECIAL OPERATIONS COMMAND INTEL-

LIGENCE ..................................................................... 1,391,402 1,405,402

Program decrease ..................................................... [–6,000 ]

Special Operations Command Intelligence in-

crease in Non-Traditional ISR (SOF Digital

Ecosystem POR) ................................................... [20,000 ]

120 SPECIAL OPERATIONS COMMAND OPER-

ATIONAL SUPPORT .................................................. 1,438,967 1,419,975

Program decrease ..................................................... [–18,992 ]

130 CYBERSPACE OPERATIONS ....................................... 1,318,614 1,323,614

Internet Operations Management .......................... [5,000 ]

140 USCYBERCOM HEADQUARTERS .............................. 332,690 332,690

SUBTOTAL OPERATING FORCES .................. 12,727,032 12,690,808

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137 STAT. 896 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

TRAINING AND RECRUITING

150 DEFENSE ACQUISITION UNIVERSITY .................... 183,342 183,342

160 JOINT CHIEFS OF STAFF ........................................... 118,172 118,172

170 SPECIAL OPERATIONS COMMAND/PROFES-

SIONAL DEVELOPMENT EDUCATION ................. 33,855 33,855

SUBTOTAL TRAINING AND RECRUITING .. 335,369 335,369

ADMINISTRATION AND SERVICE-WIDE AC-

TIVITIES

180 CIVIL MILITARY PROGRAMS ..................................... 142,240 275,740

National Guard Youth Challenge ........................... [83,500 ]

STARBASE ............................................................... [50,000 ]

190 DEFENSE CONTRACT AUDIT AGENCY—CYBER ... 4,870 4,870

200 DEFENSE CONTRACT AUDIT AGENCY ................... 667,943 667,943

210 DEFENSE CONTRACT MANAGEMENT AGENCY ... 1,567,119 1,564,119

Unobligated balances ............................................... [–3,000 ]

220 DEFENSE CONTRACT MANAGEMENT AGENCY—

CYBER .......................................................................... 30,279 30,279

230 DEFENSE COUNTERINTELLIGENCE AND SECU-

RITY AGENCY ............................................................ 1,062,123 1,027,123

Unjustified growth ................................................... [–35,000 ]

250 DEFENSE COUNTERINTELLIGENCE AND SECU-

RITY AGENCY—CYBER ............................................ 9,835 9,835

260 DEFENSE HUMAN RESOURCES ACTIVITY—

CYBER ......................................................................... 27,517 27,517

270 DEFENSE HUMAN RESOURCES ACTIVITY ............ 1,033,789 988,789

Underexecution ........................................................ [–45,000 ]

300 DEFENSE INFORMATION SYSTEMS AGENCY ....... 2,567,698 2,532,798

Program decrease ..................................................... [–25,000 ]

Unobligated balances ............................................... [–9,900 ]

310 DEFENSE INFORMATION SYSTEMS AGENCY—

CYBER .......................................................................... 526,893 526,893

320 DEFENSE LEGAL SERVICES AGENCY .................... 241,779 239,779

Historical unobligated balances .............................. [–2,000 ]

330 DEFENSE LOGISTICS AGENCY ................................. 446,731 446,731

340 DEFENSE MEDIA ACTIVITY ....................................... 246,840 246,840

360 DEFENSE POW/MIA OFFICE ...................................... 195,959 195,959

370 DEFENSE SECURITY COOPERATION AGENCY ..... 2,379,100 2,259,100

Program decrease—Border Security ....................... [–120,000 ]

380 DEFENSE TECHNOLOGY SECURITY ADMINIS-

TRATION ..................................................................... 41,722 41,722

390 DEFENSE THREAT REDUCTION AGENCY ............. 984,272 974,272

Program decrease ..................................................... [–10,000 ]

410 DEFENSE THREAT REDUCTION AGENCY—

CYBER .......................................................................... 70,548 70,548

420 DEPARTMENT OF DEFENSE EDUCATION ACTIV-

ITY ................................................................................ 3,451,625 3,514,625

Historical unobligated balances .............................. [–7,000 ]

Impact Aid ................................................................ [50,000 ]

Impact Aid Students with Disabilities ................... [20,000 ]

430 MISSILE DEFENSE AGENCY ...................................... 564,078 564,078

440 OFFICE OF THE LOCAL DEFENSE COMMUNITY

COOPERATION .......................................................... 118,216 118,216

480 OFFICE OF THE SECRETARY OF DEFENSE—

CYBER .......................................................................... 92,176 92,176

490 OFFICE OF THE SECRETARY OF DEFENSE .......... 2,676,416 2,628,173

Bien Hoa dioxin cleanup ......................................... [15,000 ]

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137 STAT. 897 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

Centers for Disease Control and Prevention Na-

tion-wide human health assessment ................... [5,000 ]

Legacy Resource Management Program ................ [2,000 ]

Program decrease ..................................................... [–91,443 ]

Readiness and Environmental Protection Integra-

tion program ......................................................... [20,200 ]

United States Telecommunications Training In-

stitute .................................................................... [1,000 ]

530 WASHINGTON HEADQUARTERS SERVICES .......... 440,947 430,947

Program decrease ..................................................... [–10,000 ]

530A CLASSIFIED PROGRAMS ............................................. 20,114,447 20,043,479

Classified adjustment .............................................. [–70,968 ]

SUBTOTAL ADMINISTRATION AND SERV-

ICE-WIDE ACTIVITIES ................................... 39,705,162 39,522,551

UNDISTRIBUTED

540 UNDISTRIBUTED .......................................................... –15,000

Historical unobligated balances .............................. [–15,000 ]

SUBTOTAL UNDISTRIBUTED .......................... –15,000

TOTAL OPERATION AND MAINTE-

NANCE, DEFENSE-WIDE ............................ 52,767,563 52,533,728

UNITED STATES COURT OF APPEALS FOR

THE ARMED FORCES

ADMINISTRATION AND ASSOCIATED ACTIVI-

TIES

010 US COURT OF APPEALS FOR THE ARMED

FORCES, DEFENSE ................................................... 16,620 16,620

SUBTOTAL ADMINISTRATION AND ASSO-

CIATED ACTIVITIES ....................................... 16,620 16,620

TOTAL UNITED STATES COURT OF AP-

PEALS FOR THE ARMED FORCES ......... 16,620 16,620

DEPARTMENT OF DEFENSE ACQUISITION

WORKFORCE DEVELOPMENT FUND

ACQUISITION WORKFORCE DEVELOPMENT

010 ACQ WORKFORCE DEV FD ......................................... 54,977 54,977

SUBTOTAL ACQUISITION WORKFORCE

DEVELOPMENT ................................................ 54,977 54,977

TOTAL DEPARTMENT OF DEFENSE AC-

QUISITION WORKFORCE DEVELOP-

MENT FUND ................................................... 54,977 54,977

OVERSEAS HUMANITARIAN, DISASTER, AND

CIVIC AID

HUMANITARIAN ASSISTANCE

010 OVERSEAS HUMANITARIAN, DISASTER AND

CIVIC AID .................................................................... 114,900 114,900

SUBTOTAL HUMANITARIAN ASSISTANCE 114,900 114,900

TOTAL OVERSEAS HUMANITARIAN, DIS-

ASTER, AND CIVIC AID .............................. 114,900 114,900

COOPERATIVE THREAT REDUCTION AC-

COUNT

010 COOPERATIVE THREAT REDUCTION ..................... 350,999 350,999

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137 STAT. 898 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4301. OPERATION AND MAINTENANCE

(In Thousands of Dollars)

Line Item

FY 2024

Request

Conference

Authorized

SUBTOTAL COOPERATIVE THREAT RE-

DUCTION ............................................................ 350,999 350,999

TOTAL COOPERATIVE THREAT REDUC-

TION ACCOUNT ............................................ 350,999 350,999

ENVIRONMENTAL RESTORATION, ARMY

DEPARTMENT OF THE ARMY

050 ENVIRONMENTAL RESTORATION, ARMY .............. 198,760 198,760

SUBTOTAL DEPARTMENT OF THE ARMY .. 198,760 198,760

TOTAL ENVIRONMENTAL RESTORA-

TION, ARMY ................................................... 198,760 198,760

ENVIRONMENTAL RESTORATION, NAVY

DEPARTMENT OF THE NAVY

060 ENVIRONMENTAL RESTORATION, NAVY .............. 335,240 335,240

SUBTOTAL DEPARTMENT OF THE NAVY ... 335,240 335,240

TOTAL ENVIRONMENTAL RESTORA-

TION, NAVY .................................................... 335,240 335,240

ENVIRONMENTAL RESTORATION, AIR FORCE

DEPARTMENT OF THE AIR FORCE

070 ENVIRONMENTAL RESTORATION, AIR FORCE .... 349,744 349,744

SUBTOTAL DEPARTMENT OF THE AIR

FORCE ................................................................. 349,744 349,744

TOTAL ENVIRONMENTAL RESTORA-

TION, AIR FORCE ......................................... 349,744 349,744

ENVIRONMENTAL RESTORATION, DEFENSE

DEFENSE-WIDE

080 ENVIRONMENTAL RESTORATION, DEFENSE ....... 8,965 8,965

SUBTOTAL DEFENSE-WIDE ............................. 8,965 8,965

TOTAL ENVIRONMENTAL RESTORA-

TION, DEFENSE ............................................ 8,965 8,965

ENVIRONMENTAL RESTORATION, FOR-

MERLY USED DEFENSE SITES

DEFENSE-WIDE

090 ENVIRONMENTAL RESTORATION FORMERLY

USED SITES ................................................................ 232,806 232,806

SUBTOTAL DEFENSE-WIDE ............................. 232,806 232,806

TOTAL ENVIRONMENTAL RESTORA-

TION, FORMERLY USED DEFENSE

SITES ................................................................ 232,806 232,806

TOTAL OPERATION & MAINTENANCE .... 290,071,293 288,822,629

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137 STAT. 899 PUBLIC LAW 118–31—DEC. 22, 2023

TITLE XLIV—MILITARY PERSONNEL

SEC. 4401. MILITARY PERSONNEL.

SEC. 4401. MILITARY PERSONNEL

(In Thousands of Dollars)

Item

FY 2024

Request

Conference

Authorized

Military Personnel Appropriations ............................................... 168,320,510 166,211,649

Air Force end strength underexecution ....................................... [–564,000 ]

Air National Guard AGR end strength underexecution ............. [–33,000 ]

Army, Underexecution of strength ............................................... [–787,901 ]

Marine Corps Reserve, Underexecution of strength ................... [–24,315 ]

Navy end strength underexecution .............................................. [–600,000 ]

Navy Reserve, Projected underexecution ..................................... [–10,000 ]

Unobligated balances .................................................................... [–89,645 ]

Medicare-Eligible Retiree Health Care Fund Contributions ..... 10,553,456 10,553,456

TOTAL, Military Personnel .............................................. 178,873,966 176,765,105

TITLE XLV—OTHER AUTHORIZATIONS

SEC. 4501. OTHER AUTHORIZATIONS.

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2024

Request

Conference

Authorized

NATIONAL DEFENSE STOCKPILE TRANSACTION

FUND

DEFENSE STOCKPILE ............................................................... 7,629 7,629

TOTAL NATIONAL DEFENSE STOCKPILE TRANS-

ACTION FUND ................................................................. 7,629 7,629

WORKING CAPITAL FUND, ARMY

ARMY ARSENALS INITIATIVE ................................................. 27,551 27,551

ARMY SUPPLY MANAGEMENT ................................................ 1,662 1,662

TOTAL WORKING CAPITAL FUND, ARMY ................ 29,213 29,213

WORKING CAPITAL FUND, AIR FORCE

TRANSPORTATION

SUPPLIES AND MATERIALS ..................................................... 83,587 83,587

TOTAL WORKING CAPITAL FUND, AIR FORCE ..... 83,587 83,587

WORKING CAPITAL FUND, DEFENSE-WIDE

DEFENSE AUTOMATION & PRODUCTION SERVICES ....... 4 4

ENERGY MANAGEMENT—DEFENSE ..................................... 114,663 114,663

TOTAL WORKING CAPITAL FUND, DEFENSE-

WIDE ................................................................................... 114,667 114,667

WORKING CAPITAL FUND, DEFENSE COMMISSARY

AGENCY

WORKING CAPITAL FUND—DECA ......................................... 1,447,612 1,447,612

TOTAL WORKING CAPITAL FUND, DEFENSE

COMMISSARY AGENCY ................................................ 1,447,612 1,447,612

CHEMICAL AGENTS AND MUNITIONS DESTRUC-

TION, DEFENSE

OPERATION AND MAINTENANCE .......................................... 89,284 89,284

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137 STAT. 900 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4501. OTHER AUTHORIZATIONS

(In Thousands of Dollars)

Program Title

FY 2024

Request

Conference

Authorized

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ... 1,002,560 1,002,560

TOTAL CHEMICAL AGENTS AND MUNITIONS DE-

STRUCTION, DEFENSE ................................................ 1,091,844 1,091,844

DRUG INTERDICTION AND COUNTER-DRUG ACTIVI-

TIES, DEFENSE

COUNTER-NARCOTICS SUPPORT ........................................... 643,848 648,848

Global Trader in the Office of Naval Intelligence

Maritime Intelligence Support ................................... [5,000 ]

DRUG DEMAND REDUCTION PROGRAM .............................. 134,313 136,813

Young Marines Program ............................................... [2,500 ]

NATIONAL GUARD COUNTER-DRUG PROGRAM ................. 102,272 122,272

Program increase ........................................................... [20,000 ]

NATIONAL GUARD COUNTER-DRUG SCHOOLS .................. 5,993 10,993

Program increase ........................................................... [5,000 ]

TOTAL DRUG INTERDICTION AND COUNTER-

DRUG ACTIVITIES, DEFENSE .................................... 886,426 918,926

OFFICE OF THE INSPECTOR GENERAL

OFFICE OF THE INSPECTOR GENERAL—O&M ................... 518,919 518,919

OFFICE OF THE INSPECTOR GENERAL—CYBER ............... 1,948 1,948

OFFICE OF THE INSPECTOR GENERAL—RDT&E ............... 3,400 3,400

OFFICE OF THE INSPECTOR GENERAL—PROCURE-

MENT ......................................................................................... 1,098 1,098

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 525,365 525,365

DEFENSE HEALTH PROGRAM

IN-HOUSE CARE .......................................................................... 10,044,342 9,950,353

Baseline adjustment ...................................................... [–93,989 ]

PRIVATE SECTOR CARE ............................................................ 19,893,028 19,867,877

Unjustified growth ......................................................... [–25,151 ]

CONSOLIDATED HEALTH SUPPORT ...................................... 2,007,012 2,000,994

Historical underexecution ............................................. [–6,018 ]

INFORMATION MANAGEMENT ............................................... 2,327,816 2,327,816

MANAGEMENT ACTIVITIES ..................................................... 347,446 347,446

EDUCATION AND TRAINING ................................................... 336,111 343,111

TriService Nursing Research Program ........................ [7,000 ]

BASE OPERATIONS/COMMUNICATIONS ............................... 2,144,551 2,142,051

Historical underexecution ............................................. [–2,500 ]

R&D RESEARCH .......................................................................... 40,311 50,311

Clinical study on treatment with psychedelic sub-

stances .......................................................................... [10,000 ]

R&D EXPLORATRY DEVELOPMENT ....................................... 178,892 178,892

R&D ADVANCED DEVELOPMENT ........................................... 327,040 327,040

R&D DEMONSTRATION/VALIDATION .................................... 172,351 172,351

R&D ENGINEERING DEVELOPMENT .................................... 107,753 107,753

R&D MANAGEMENT AND SUPPORT ...................................... 87,096 87,096

R&D CAPABILITIES ENHANCEMENT .................................... 18,330 18,330

PROC INITIAL OUTFITTING ..................................................... 22,344 22,344

PROC REPLACEMENT & MODERNIZATION ......................... 238,435 238,435

PROC JOINT OPERATIONAL MEDICINE INFORMATION

SYSTEM ..................................................................................... 29,537 29,537

PROC MILITARY HEALTH SYSTEM—DESKTOP TO

DATACENTER ........................................................................... 74,055 74,055

PROC DOD HEALTHCARE MANAGEMENT SYSTEM MOD-

ERNIZATION ............................................................................. 17,510 17,510

TOTAL DEFENSE HEALTH PROGRAM ...................... 38,413,960 38,303,302

TOTAL OTHER AUTHORIZATIONS ............................. 42,600,303 42,522,145

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137 STAT. 901 PUBLIC LAW 118–31—DEC. 22, 2023

TITLE XLVI—MILITARY CONSTRUCTION

SEC. 4601. MILITARY CONSTRUCTION.

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

MILITARY CONSTRUCTION

ARMY

Alabama

Army Anniston Army

Depot

ACCESS CONTROL POINT (P&D) ........ 0 5,500

Army Anniston Army

Depot

COMPONENT REBUILD SHOP (P&D) 0 8,100

Army Anniston Army

Depot

OPEN STORAGE (P&D) .......................... 0 270

Army Anniston Army

Depot

VEHICLE PAINT SHOP (P&D) .............. 0 2,900

Army Fort Novosel COST TO COMPLETE: ADV INDI-

VIDUAL TRAINING BARRACKS

COMPLEX.

0 41,200

Army Redstone Arsenal SUBSTATION ........................................... 50,000 50,000

Alaska

Army Fort Wainwright COST TO COMPLETE: ENLISTED UN-

ACCOMPANIED PERS HSG.

34,000 34,000

Army Fort Wainwright SOLDIER PERFORMANCE READI-

NESS CENTER (P&D).

0 7,900

Florida

Army Camp Bull Si-

mons

CHILD DEVELOPMENT CENTER ........ 0 0

Georgia

Army Fort Eisenhower CYBER INSTRUCTIONAL FACILITY

(CLASSROOMS).

163,000 73,000

Army Fort Moore CAMP MERRILL AST BARRACKS

(P&D).

0 1,320

Army Fort Stewart/Hun-

ter Army Air-

field

COMBAT AVIATION BRIGADE GSAB

HANGAR (P&D).

0 6,400

Army Fort Stewart/Hun-

ter Army Air-

field

MILITARY INTELLIGENCE BAT-

TALION HANGAR (P&D).

0 2,220

Germany

Army Grafenwoehr AUTOMATED MULTIPURPOSE MA-

CHINE GUN RANGE.

10,400 10,400

Army Hohenfels SIMULATIONS CENTER ........................ 56,000 56,000

Hawaii

Army Aliamanu Mili-

tary Reserva-

tion

WATER STORAGE TANK ....................... 20,000 20,000

Army Fort Shafter CLEARWELL AND BOOSTER PUMP ... 0 23,000

Army Helemano Mili-

tary Reserva-

tion

WELLS AND STORAGE TANKS ........... 0 33,000

Army Schofield Bar-

racks

ELEVATED TANK AND DISTRIBU-

TION LINES.

0 16,000

Army Schofield Bar-

racks

WATER STORAGE TANK ....................... 0 21,000

Army Wheeler Army

Airfield

AIR TRAFFIC CONTROL TOWER

(P&D).

0 5,400

Indiana

Army Crane Army Am-

munition Plant

EARTH COVERED MAGAZINES (P&D) 0 1,195

Kansas

Army Fort Riley AIR TRAFFIC CONTROL TOWER

(P&D).

0 1,600

Army Fort Riley AIRCRAFT MAINTENANCE HANGER 105,000 105,000

Army Fort Riley BOB DOLE INTERMODAL RAILYARD

IMPROVEMENTS (P&D).

0 1,110

Kentucky

Military

Construction

Authorization

Act for Fiscal

Year 2024.

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137 STAT. 902 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Army Blue Grass Army

Depot

SMALL ARMS MODERNIZATION

(P&D).

0 3,300

Army Fort Campbell AIR TRAFFIC CONTROL TOWER

(P&D).

0 2,500

Army Fort Campbell MULTIPURPOSE TRAINING RANGE .. 38,000 39,000

Kwajalein

Army Kwajalein Atoll COST TO COMPLETE: PIER .................. 0 0

Louisiana

Army Fort Johnson MULTIPURPOSE ATHLETIC FIELD .... 0 13,400

Massachusetts

Army Soldier Systems

Center Natick

BARRACKS ADDITION ........................... 18,500 18,500

Michigan

Army Detroit Arsenal GROUND TRANSPORT EQUIPMENT

BUILDING.

72,000 72,000

Army Detroit Arsenal MANNED/UNMANNED TACTICAL VE-

HICLE LAB (P&D).

0 2,400

New Mexico

Army White Sands Mis-

sile Range

J-DETC DIRECTED ENERGY FACIL-

ITY (P&D).

0 5,500

New York

Army Watervliet Arse-

nal

TANK FARM (P&D) ................................. 0 160

North Carolina

Army Fort Liberty AIRCRAFT MAINTENANCE HANGAR 0 61,000

Army Fort Liberty AUTOMATED RECORD FIRE RANGE 19,500 21,000

Army Fort Liberty BARRACKS ............................................... 50,000 50,000

Army Fort Liberty BARRACKS (FACILITY PROTO-

TYPING).

85,000 85,000

Army Fort Liberty CHILD DEVELOPMENT CENTER ........ 0 36,000

Oklahoma

Army McAlester Army

Ammunition

Plant

WATER TREATMENT PLANT (P&D) ... 0 1,194

Pennsylvania

Army Letterkenny Army

Depot

ANECHOIC CHAMBER (P&D) ............... 0 275

Army Letterkenny Army

Depot

GUIDED MISSILE MAINTENANCE

BUILDING.

89,000 89,000

Army Tobyhanna Army

Depot

HELIPAD (P&D) ....................................... 0 311

Army Tobyhanna Army

Depot

RADAR MAINTENANCE SHOP (P&D) 0 259

Poland

Army Various Locations PLANNING & DESIGN ........................... 0 25,710

South Carolina

Army Fort Jackson COST TO COMPLETE: RECEPTION

BARRACKS COMPLEX, PHASE 2.

0 66,000

Texas

Army Fort Bliss COLLECTIVE TRAINING BARRACKS

(P&D).

0 8,000

Army Fort Bliss RAIL YARD ............................................... 74,000 74,000

Army Fort Cavazos BARRACKS (P&D) ................................... 0 20,000

Army Fort Cavazos TACTICAL EQUIPMENT MAINTE-

NANCE FACILITIES (P&D).

0 5,800

Army Red River Army

Depot

COMPONENT REBUILD SHOP ............. 113,000 46,400

Army Red River Army

Depot

NON-DESTRUCTIVE TESTING FACIL-

ITY (P&D).

0 280

Army Red River Army

Depot

STANDBY GENERATOR (P&D) ............. 0 270

Virginia

Army Fort Belvoir EQUINE TRAINING FACILITY (P&D) 0 4,000

Washington

Army Joint Base Lewis-

McChord

BARRACKS ............................................... 100,000 100,000

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137 STAT. 903 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Army Joint Base Lewis-

McChord

BARRACKS (P&D) ................................... 0 7,900

Army Joint Base Lewis-

McChord

VEHICLE MAINTENANCE SHOP

(P&D).

0 7,500

Army Yakima Training

Center

AUTOMATED INFANTRY PLATOON

BATTLE COURSE (P&D).

0 960

Worldwide Unspec-

ified

Army Unspecified

Worldwide Lo-

cations

BARRACKS REPLACEMENT FUND

(P&D).

0 65,000

Army Unspecified

Worldwide Lo-

cations

CHILD DEVELOPMENT CENTER

PLANNING & DESIGN.

0 20,000

Army Unspecified

Worldwide Lo-

cations

COST TO COMPLETE ARMY ................ 0 0

Army Unspecified

Worldwide Lo-

cations

HOST NATION SUPPORT ...................... 26,000 26,000

Army Unspecified

Worldwide Lo-

cations

LAB INFRASTRUCTURE PLANNING

& DESIGN.

0 30,000

Army Unspecified

Worldwide Lo-

cations

ORGANIC INDUSTRIAL BASE PLAN-

NING & DESIGN.

0 5,000

Army Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN ........................... 270,875 270,875

Army Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION.

76,280 86,280

Army Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION DEMOLITION.

0 15,000

Subtotal Military Construction, Army ....................................................... 1,470,555 1,912,289

NAVY

Arizona

Navy Marine Corps Air

Station Yuma

WATER TREATMENT PLANT (P&D) ... 0 8,900

Australia

Navy Royal Australian

Air Force Base

Darwin

PDI: AIRCRAFT PARKING APRON

(INC).

134,624 134,624

California

Navy Marine Corps Air

Ground Combat

Center

Twentynine

Palms

COMMUNICATIONS TOWERS .............. 42,100 42,100

Navy Marine Corps

Base Camp

Pendleton

FIRE/EMERGENCY RESPONSE STA-

TION (53 AREA) REPLACEMENT

(P&D).

0 2,683

Navy Naval Base Coro-

nado

CHILD DEVELOPMENT CENTER

(P&D).

0 6,200

Navy Naval Base San

Diego

CHILD DEVELOPMENT CENTER

(P&D).

0 5,600

Navy Port Hueneme LABORATORY COMPOUND FACILI-

TIES IMPROVEMENTS.

110,000 70,000

Connecticut

Navy Naval Submarine

Base New Lon-

don

SUBMARINE PIER 31 EXTENSION ..... 112,518 36,718

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137 STAT. 904 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Navy Naval Submarine

Base New Lon-

don

WEAPONS MAGAZINE & ORDNANCE

OPERATIONS FAC..

219,200 19,200

District of Columbia

Navy Marine Barracks

Washington

(8th Street and

BACHELOR ENLISTED QUARTERS &

SUPPORT FACILITY.

131,800 16,800

Navy Naval Support Ac-

tivity

ELECTROMAGNETIC & CYBER

COUNTERMEASURES LAB (P&D).

0 40,000

Djibouti

Navy Camp Lemonnier ELECTRICAL POWER PLANT .............. 0 25,000

Florida

Navy Naval Air Station

Whiting Field

ADVANCED HELICOPTER TRAINING

SYSTEM HANGAR.

0 50,000

Georgia

Navy Marine Corps Lo-

gistics Base Al-

bany

CONSOLIDATED COMMUNICATION

FACILITY.

0 64,000

Guam

Navy Andersen Air

Force Base

PDI: CHILD DEVELOPMENT CENTER 105,220 55,220

Navy Andersen Air

Force Base

PDI: JOINT CONSOL. COMM. CEN-

TER (INC).

107,000 107,000

Navy Joint Region Mar-

ianas

PDI: JOINT COMMUNICATION UP-

GRADE (INC).

292,830 31,330

Navy Joint Region Mar-

ianas

PDI: MISSILE INTEGRATION TEST

FACILITY.

174,540 56,140

Navy Naval Base Guam PDI: 9TH ESB TRAINING COMPLEX .. 23,380 27,536

Navy Naval Base Guam PDI: ARTILLERY BATTERY FACILI-

TIES.

137,550 137,550

Navy Naval Base Guam PDI: CONSOLIDATED MEB HQ/NCIS

PHII.

19,740 19,740

Navy Naval Base Guam PDI: RECREATION CENTER ................. 34,740 34,740

Navy Naval Base Guam PDI: RELIGIOUS MINISTRY SERV-

ICES FACILITY.

46,350 46,350

Navy Naval Base Guam PDI: SATELLITE COMMUNICATIONS

FACILITY (INC).

166,159 56,159

Navy Naval Base Guam PDI: TRAINING CENTER ....................... 89,640 89,640

Hawaii

Navy Joint Base Pearl

Harbor-Hickam

DRY DOCK 3 REPLACEMENT (INC) ... 1,318,711 1,318,711

Navy Joint Base Pearl

Harbor-Hickam

WASTEWATER TREATMENT PLANT .. 0 15,000

Navy Joint Base Pearl

Harbor-Hickam

WATERFRONT PRODUCTION FACIL-

ITY (P&D).

0 60,000

Navy Marine Corps

Base Kaneohe

Bay

WATER RECLAMATION FACILITY

COMPLIANCE UPGRADE.

0 134,505

Italy

Navy Naval Air Station

Sigonella

EDI: ORDNANCE MAGAZINES ............. 77,072 77,072

Maine

Navy Portsmouth Naval

Shipyard

MULTI-MISSION DRYDOCK #1 EX-

TENSION (INC).

544,808 544,808

Maryland

Navy Fort Meade CYBERSECURITY OPERATIONS FA-

CILITY.

186,480 60,580

Navy Naval Air Station

Patuxent River

AIRCRAFT DEVELOPMENT AND

MAINTENANCE FACILITIES.

141,700 58,000

Navy Naval Support Ac-

tivity Bethesda

CONSTRUCT JOINT NAVY/DHA FIRE

STATION (P&D).

0 3,000

North Carolina

Navy Marine Corps Air

Station Cherry

Point

2D LAAD MAINTENANCE AND OPER-

ATIONS FACILITIES.

0 45,000

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137 STAT. 905 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Navy Marine Corps Air

Station Cherry

Point

AIRCRAFT MAINTENANCE HANGAR

(INC).

19,529 19,529

Navy Marine Corps Air

Station Cherry

Point

MAINTENANCE FACILITY & MARINE

AIR GROUP HQS.

125,150 35,150

Navy Marine Corps

Base Camp

Lejeune

10TH MARINES MAINTENANCE &

OPERATIONS COMPLEX.

0 66,270

Navy Marine Corps

Base Camp

Lejeune

AMPHIBIOUS COMBAT VEHICLE

SHELTERS.

0 32,890

Navy Marine Corps

Base Camp

Lejeune

CORROSION REPAIR FACILITY RE-

PLACEMENT.

0 45,000

Pennsylvania

Navy Naval Surface

Warfare Center

Philadelphia

AI MACHINERY CONTROL DEVELOP-

MENT CENTER.

0 65,200

Virginia

Navy Dam Neck Annex MARITIME SURVEILLANCE SYSTEM

FACILITY.

109,680 23,680

Navy Joint Expedi-

tionary Base

Little Creek—

Fort Story

CHILD DEVELOPMENT CENTER ........ 35,000 57,000

Navy Marine Corps

Base Quantico

WATER TREATMENT PLANT ............... 127,120 37,120

Navy Naval Station

Norfolk

CHILD DEVELOPMENT CENTER ........ 43,600 47,200

Navy Naval Station

Norfolk

MQ–25 AIRCRAFT LAYDOWN FACILI-

TIES.

114,495 11,495

Navy Naval Station

Norfolk

SUBMARINE PIER 3 (INC) .................... 99,077 99,077

Navy Naval Weapons

Station York-

town

WEAPONS MAGAZINES ........................ 221,920 46,920

Navy Norfolk Naval

Shipyard

DRY DOCK SALTWATER SYSTEM

FOR CVN–78 (INC).

81,082 81,082

Washington

Navy Naval Air Station

Whidbey Island

E/A–18G AIRCRAFT REGIONAL SERV-

ICE FACILITY (P&D).

0 11,100

Navy Naval Base

Kitsap

ALTERNATE POWER TRANSMISSION

LINE.

0 19,000

Navy Naval Base

Kitsap

ARMORED FIGHTING VEHICLE SUP-

PORT FACILITY.

0 31,000

Navy Naval Base

Kitsap

SHIPYARD ELECTRICAL BACKBONE 195,000 15,000

Worldwide Unspec-

ified

Navy Unspecified

Worldwide Lo-

cations

BARRACKS REPLACEMENT FUND

(P&D).

0 75,000

Navy Unspecified

Worldwide Lo-

cations

INDOPACOM PLANNING & DESIGN .. 0 69,000

Navy Unspecified

Worldwide Lo-

cations

SIOP (P&D) ............................................... 0 50,000

Navy Unspecified

Worldwide Lo-

cations

CHILD DEVELOPMENT CENTER

PLANNING & DESIGN.

0 20,000

Navy Unspecified

Worldwide Lo-

cations

LAB INFRASTRUCTURE PLANNING

& DESIGN.

0 30,000

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137 STAT. 906 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Navy Unspecified

Worldwide Lo-

cations

NAVY SHORE UTILITY INFRASTRUC-

TURE (P&D).

0 85,000

Navy Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN ........................... 599,942 599,942

Navy Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION.

34,430 44,430

Navy Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION DEMOLITION.

0 15,000

Navy Unspecified

Worldwide Lo-

cations

USMC MILITARY CONSTRUCTION

PLANNING & DESIGN.

0 48,749

Navy Unspecified

Worldwide Lo-

cations

USMC UNSPECIFIED MINOR MILI-

TARY CONSTRUCTION.

0 30,000

Subtotal Military Construction, Navy ........................................................ 6,022,187 5,310,740

AIR FORCE

Alaska

Air Force Eielson Air Force

Base

COAL THAW SHED ADDITION (P&D) 0 1,500

Air Force Eielson Air Force

Base

CONSOLIDATED MUNITIONS COM-

PLEX (P&D).

0 1,200

Air Force Eielson Air Force

Base

FIRE STATION (P&D) ............................. 0 1,700

Air Force Eielson Air Force

Base

JOINT MOBILITY CENTER EXPAN-

SION (P&D).

0 3,000

Air Force Eielson Air Force

Base

JOINT PACIFIC ALASKA RANGE

COMPLEX (JPARC) OPS FACILITY

(P&D).

0 1,400

Air Force Eielson Air Force

Base

PERMANENT PARTY DORM (P&D) ..... 0 9,500

Air Force Joint Base Elmen-

dorf-Richardson

COMBAT ALERT CELL (P&D) ............... 0 18,100

Air Force Joint Base Elmen-

dorf-Richardson

EXTEND RUNWAY 16/34 (INC 3) ......... 107,500 107,500

Air Force Joint Base Elmen-

dorf-Richardson

PRECISION GUIDED MISSILE COM-

PLEX (P&D).

0 6,100

Arizona

Air Force Luke Air Force

Base

CHILD DEVELOPMENT CENTER

(P&D).

0 2,700

Air Force Luke Air Force

Base

GILA BEND (P&D) ................................... 0 2,600

Australia

Air Force Royal Australian

Air Force Base

Darwin

PDI: SQUADRON OPERATIONS FA-

CILITY.

26,000 26,000

Air Force Royal Australian

Air Force Base

Tindal

PDI: AIRCRAFT MAINTENANCE SUP-

PORT FACILITY.

17,500 17,500

Air Force Royal Australian

Air Force Base

Tindal

PDI: SQUADRON OPERATIONS FA-

CILITY.

20,000 20,000

Air Force Royal Australian

Air Force Base

Tindal

PDI: BOMBER APRON ............................ 93,000 93,000

Florida

Air Force Eglin Air Force

Base

LRSO HARDWARE SOFTWARE DE-

VELOPMENT & TEST FACILITY.

0 15,500

Air Force MacDill Air Force

Base

KC–46A ADAL AIRCRAFT CORRO-

SION CONTROL.

25,000 25,000

Air Force MacDill Air Force

Base

KC–46A ADAL AIRCRAFT MAINTE-

NANCE HANGAR.

27,000 27,000

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137 STAT. 907 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Air Force MacDill Air Force

Base

KC–46A ADAL APRON & HYDRANT

FUELING PITS.

61,000 61,000

Air Force MacDill Air Force

Base

KC–46A ADAL FUEL SYSTEM MAIN-

TENANCE DOCK.

18,000 18,000

Air Force Patrick Space

Force Base

COMMERCIAL VEHICLE INSPEC-

TION.

15,000 15,000

Air Force Patrick Space

Force Base

COST TO COMPLETE: CONSOLI-

DATED COMMUNICATIONS CEN-

TER.

15,000 15,000

Air Force Patrick Space

Force Base

FINAL DENIAL BARRIERS, SOUTH

GATE.

12,000 12,000

Air Force Tyndall Air Force

Base

NATURAL DISASTER RECOVERY ....... 0 252,000

Georgia

Air Force Robins Air Force

Base

BATTLE MANAGEMENT COMBINED

OPERATIONS COMPLEX.

115,000 35,000

Guam

Air Force Joint Region Mar-

ianas

PDI: NORTH AIRCRAFT PARKING

RAMP (INC).

109,000 109,000

Japan

Air Force Kadena Air Base PDI: HELO RESCUE OPS MAINTE-

NANCE HANGAR (INC 3).

46,000 46,000

Air Force Kadena Air Base PDI: THEATER A/C CORROSION CON-

TROL CTR (INC).

42,000 42,000

Louisiana

Air Force Barksdale Air

Force Base

CHILD DEVELOPMENT CENTER

(P&D).

0 2,000

Air Force Barksdale Air

Force Base

DORMITORY (P&D) ................................. 0 7,000

Air Force Barksdale Air

Force Base

WEAPONS GENERATION FACILITY

(INC 3).

112,000 112,000

Mariana Islands

Air Force Tinian PDI: AIRFIELD DEVELOPMENT,

PHASE 1 (INC 3).

26,000 26,000

Air Force Tinian PDI: FUEL TANKS W/PIPELINE &

HYDRANT (INC 3).

20,000 21,000

Air Force Tinian PDI: PARKING APRON (INC 3) ............. 32,000 32,000

Massachusetts

Air Force Hanscom Air

Force Base

CHILD DEVELOPMENT CENTER ........ 37,000 37,000

Air Force Hanscom Air

Force Base

MIT-LINCOLN LAB (WEST LAB CSL/

MIF) (INC 4).

70,000 70,000

Mississippi

Air Force Columbus Air

Force Base

T–7A GROUND BASED TRAINING

SYSTEM FACILITY.

30,000 30,000

Air Force Columbus Air

Force Base

T–7A UNIT MAINTENANCE TRAIN-

ING FACILITY.

9,500 9,500

Air Force Keesler Air Force

Base

AIR TRAFFIC CONTROL TOWER

(P&D).

0 2,000

Montana

Air Force Malmstrom Air

Force Base

FIRE STATION BAY/STORAGE AREA 0 10,300

Nebraska

Air Force Offutt Air Force

Base

55 CES MAINTENANCE/WAREHOUSE

(P&D).

0 4,500

Air Force Offutt Air Force

Base

BASE OPERATIONS/MOBILITY CEN-

TER (P&D).

0 5,000

Air Force Offutt Air Force

Base

LOGISTICS READINESS SQUADRON

TRANSPORTATION FACILITY

(P&D).

0 3,500

Nevada

Air Force Nellis Air Force

Base

DORMITORY (P&D) ................................. 0 7,500

Air Force Nellis Air Force

Base

F–35 COALITION HANGAR (P&D) ....... 0 5,500

Air Force Nellis Air Force

Base

F–35 DATA LAB SUPPORT FACILITY

(P&D).

0 700

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137 STAT. 908 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

New Mexico

Air Force Cannon Air Force

Base

SATELLITE FIRE STATION (P&D) ...... 0 5,000

Air Force Kirtland Air Force

Base

COST TO COMPLETE: WYOMING

GATE UPGRADE FOR

ANTITERRORISM COMPLIANCE.

0 0

Norway

Air Force Rygge Air Station EDI: DABS-FEV STORAGE .................... 88,000 96,000

Air Force Rygge Air Station EDI: MUNITIONS STORAGE AREA ..... 31,000 40,000

Ohio

Air Force Wright-Patterson

Air Force Base

ACQUISITION MANAGEMENT COM-

PLEX PHASE V (P&D).

0 19,500

Oklahoma

Air Force Tinker Air Force

Base

F–35 AIRCRAFT OXYGEN SHOP

(P&D).

0 5,800

Air Force Tinker Air Force

Base

KC–46 3–BAY DEPOT MAINTENANCE

HANGAR (INC 3).

78,000 58,000

Air Force Vance Air Force

Base

CONSOLIDATED UNDERGRADUATE

PILOT TRAINING CENTER (P&D).

0 8,400

Philippines

Air Force Cesar Basa Air

Base

PDI: TRANSIENT AIRCRAFT PARK-

ING APRON.

35,000 35,000

South Dakota

Air Force Ellsworth Air

Force Base

B–21 FUEL SYSTEM MAINTENANCE

DOCK.

75,000 75,000

Air Force Ellsworth Air

Force Base

B–21 PHASE HANGAR ........................... 160,000 34,000

Air Force Ellsworth Air

Force Base

B–21 WEAPONS GENERATION FA-

CILITY (INC).

160,000 160,000

Spain

Air Force Moro

n Air Base EDI: MUNITIONS STORAGE ................. 26,000 34,000

Texas

Air Force Joint Base San

Antonio-

Lackland

91 CYBER OPERATIONS CENTER ....... 0 48,000

Air Force Joint Base San

Antonio-

Lackland

BMT – CHAPEL FOR AMERICA’S AIR-

MEN.

0 90,000

Air Force Joint Base San

Antonio-

Lackland

CHILD DEVELOPMENT CENTER ........ 20,000 20,000

United Kingdom

Air Force Royal Air Force

Fairford

COST TO COMPLETE: EDI DABS-FEV

STORAGE.

0 28,000

Air Force Royal Air Force

Fairford

COST TO COMPLETE: EDI MUNI-

TIONS HOLDING AREA.

0 20,000

Air Force Royal Air Force

Fairford

EDI: RADR STORAGE FACILITY .......... 47,000 47,000

Air Force Royal Air Force

Lakenheath

EDI: RADR STORAGE FACILITY .......... 28,000 28,000

Air Force Royal Air Force

Lakenheath

SURETY DORMITORY ............................ 50,000 50,000

Utah

Air Force Hill Air Force

Base

F–35 T–7A EAST CAMPUS INFRA-

STRUCTURE.

82,000 82,000

Worldwide Unspec-

ified

Air Force Unspecified

Worldwide Lo-

cations

BARRACKS REPLACEMENT FUND

(P&D).

0 65,000

Air Force Unspecified

Worldwide Lo-

cations

CHILD DEVELOPMENT CENTER

PLANNING & DESIGN.

0 20,000

Air Force Unspecified

Worldwide Lo-

cations

COST TO COMPLETE ............................. 0 0

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137 STAT. 909 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Air Force Unspecified

Worldwide Lo-

cations

EDI: PLANNING & DESIGN .................. 5,648 5,648

Air Force Unspecified

Worldwide Lo-

cations

LAB INFRASTRUCTURE PLANNING

& DESIGN.

0 30,000

Air Force Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN ........................... 429,266 429,266

Air Force Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION.

64,900 74,900

Air Force Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION DEMOLITION.

0 15,000

Wyoming

Air Force F.E. Warren Air

Force Base

COST TO COMPLETE: CONSOLI-

DATED HELO/TRF OPS/AMU AND

ALERT FACILITY.

0 18,000

Air Force F.E. Warren Air

Force Base

GBSD INTEGRATED COMMAND CEN-

TER (INC 2).

27,000 27,000

Air Force F.E. Warren Air

Force Base

GBSD INTEGRATED TRAINING CEN-

TER.

85,000 85,000

Air Force F.E. Warren Air

Force Base

GBSD MISSILE HANDLING COM-

PLEX (INC 2).

28,000 28,000

Subtotal Military Construction, Air Force ................................................ 2,605,314 3,151,314

DEFENSE-WIDE

Alabama

Defense-Wide Redstone Arsenal GROUND TEST FACILITY INFRA-

STRUCTURE.

147,975 67,975

California

Defense-Wide Marine Corps Air

Station

Miramar

AMBULATORY CARE CENTER—DEN-

TAL CLINIC ADD//ALT.

103,000 20,600

Defense-Wide Marine Corps Air

Station

Miramar

ELECTRICAL INFRASTRUCTURE,

ON-SITE GENERATION, AND

MICROGRID IMPROVEMENTS.

0 30,550

Defense-Wide Monterey COST TO COMPLETE: COGEN PLANT

AT B236.

0 5,460

Defense-Wide Naval Base Coro-

nado

COST TO COMPLETE: SOF ATC OP-

ERATIONS SUPPORT FACILITY.

0 11,400

Defense-Wide Naval Base Coro-

nado

SOF NAVAL SPECIAL WARFARE

COMMAND OPERATIONS SUPPORT

FACILITY PHASE 2.

0 51,000

Defense-Wide Naval Base San

Diego

AMBULATORY CARE CENTER—DEN-

TAL CLINIC REPLMT.

101,644 22,184

Defense-Wide Naval Base San

Diego

MICROGRID AND BACKUP POWER ... 0 6,300

Defense-Wide Naval Base Ven-

tura County

COST TO COMPLETE: GROUND

MOUNTED SOLAR PV.

0 16,840

Defense-Wide Vandenberg Space

Force Base

MICROGRID WITH BACKUP POWER 0 57,000

Colorado

Defense-Wide Buckley Space

Force Base

REDUNDANT ELECTRICAL SUPPLY 0 9,000

Defense-Wide Buckley Space

Force Base

REPLACEMENT WATER WELL ........... 0 5,700

Cuba

Defense-Wide Naval Station

Guantanamo

Bay

AMBULATORY CARE CENTER (INC 1) 60,000 60,000

Delaware

Defense-Wide Dover Air Force

Base

WHOLE BLOOD PROCESSING LAB-

ORATORY REPLACEMENT.

0 30,500

Djibouti

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137 STAT. 910 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Defense-Wide Camp Lemonnier COST TO COMPLETE: ENHANCE EN-

ERGY SECURITY AND CONTROL

SYSTEMS.

0 5,200

Georgia

Defense-Wide Fort Moore DEXTER ELEMENTARY SCHOOL

(P&D).

0 500

Defense-Wide Naval Submarine

Base Kings Bay

ELECTRICAL TRANSMISSION AND

DISTRIBUTION IMPROVEMENTS,

PHASE 2.

0 49,500

Germany

Defense-Wide Baumholder HUMAN PERFORMANCE TRAINING

CENTER.

0 16,700

Defense-Wide Baumholder SOF COMPANY OPERATIONS FACIL-

ITY.

41,000 41,000

Defense-Wide Baumholder SOF JOINT PARACHUTE RIGGING

FACILITY.

23,000 23,000

Defense-Wide Kaiserslautern

Air Base

KAISERSLAUTERN MIDDLE SCHOOL 21,275 21,275

Defense-Wide Ramstein Air

Base

RAMSTEIN MIDDLE SCHOOL .............. 181,764 181,764

Defense-Wide Rhine Ordnance

Barracks

MEDICAL CENTER REPLACEMENT

(INC 11).

77,210 77,210

Defense-Wide Stuttgart ROBINSON BARRACKS ELEM

SCHOOL REPLACEMENT.

8,000 8,000

Hawaii

Defense-Wide Joint Base Pearl

Harbor-Hickam

COST TO COMPLETE: FY20 500 KW

PV COVERED PARKING EV

CHARGING STATION.

0 7,476

Defense-Wide Joint Base Pearl

Harbor-Hickam

COST TO COMPLETE: PRIMARY

ELECTRICAL DISTRIBUTION.

0 13,040

Honduras

Defense-Wide Soto Cano Air

Base

FUEL FACILITIES .................................. 41,300 41,300

Italy

Defense-Wide Naples COST TO COMPLETE: SMART GRID .. 0 7,610

Japan

Defense-Wide Fleet Activities

Yokosuka

KINNICK HIGH SCHOOL (INC) ............ 70,000 70,000

Defense-Wide Kadena Air Base PDI SOF MAINTENANCE HANGAR .... 88,900 88,900

Defense-Wide Kadena Air Base PDI: SOF COMPOSITE MAINTE-

NANCE FACILITY.

11,400 11,400

Kansas

Defense-Wide Forbes Field MICROGRID AND BACKUP POWER ... 0 5,850

Defense-Wide Fort Riley COST TO COMPLETE: POWER GEN-

ERATION AND MICROGRID.

0 15,468

Kentucky

Defense-Wide Fort Knox MIDDLE SCHOOL ADDITION (P&D) ... 0 6,600

Korea

Defense-Wide K–16 Air Base K–16 EMERGENCY BACKUP POWER 0 5,650

Kuwait

Defense-Wide Camp Arifjan COST TO COMPLETE: POWER GEN-

ERATION AND MICROGRID.

0 8,197

Defense-Wide Camp Buehring MICROGRID AND BACKUP POWER ... 0 18,850

Louisiana

Defense-Wide Naval Air Station

Joint Reserve

Base New Orle-

ans

COST TO COMPLETE: DISTRIBUTION

SWITCHGEAR.

0 6,453

Maryland

Defense-Wide Bethesda Naval

Hospital

MEDICAL CENTER ADDITION/AL-

TERATION (INC 7).

101,816 101,816

Defense-Wide Fort Meade NSAW MISSION OPS AND RECORDS

CENTER (INC).

105,000 105,000

Defense-Wide Fort Meade NSAW RECAP BUILDING 4 (INC) ........ 315,000 315,000

Defense-Wide Fort Meade NSAW RECAP BUILDING 5 (ECB 5)

(INC).

65,000 65,000

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137 STAT. 911 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Defense-Wide Joint Base An-

drews

HYDRANT FUELING SYSTEM ............. 38,300 38,300

Missouri

Defense-Wide Lake City Army

Ammunition

Plant

MICROGRID AND BACKUP POWER ... 0 80,100

Montana

Defense-Wide Great Falls Inter-

national Airport

FUEL FACILITIES .................................. 30,000 30,000

Nebraska

Defense-Wide Offutt Air Force

Base

DEFENSE POW/MIA ACCOUNT-

ABILITY AGENCY LABORATORY

(P&D).

0 5,000

Defense-Wide Offutt Air Force

Base

MICROGRID AND BACKUP POWER ... 0 41,000

North Carolina

Defense-Wide Fort Liberty

(Camp Mackall)

MICROGRID AND BACKUP POWER ... 0 10,500

Defense-Wide Marine Corps

Base Camp

Lejeune

MARINE RAIDER BATTALION OPER-

ATIONS FACILITY.

0 70,000

Oklahoma

Defense-Wide Fort Sill MICROGRID AND BACKUP POWER ... 0 76,650

Pennsylvania

Defense-Wide Fort Indiantown

Gap

COST TO COMPLETE: GEOTHERMAL

AND SOLAR PV.

0 9,250

Puerto Rico

Defense-Wide Fort Buchanan MICROGRID AND BACKUP POWER ... 0 56,000

Defense-Wide Juana Dı

az COST TO COMPLETE: MICROGRID

CONTROLS, 690 KW PV, 275KW

GEN, 570 KWH BESS.

0 7,680

Defense-Wide Ramey COST TO COMPLETE: MICROGRID

CONTROL SYSTEM, 460 KW PV,

275KW GEN, 660 KWH BESS.

0 6,360

Spain

Defense-Wide Naval Station

Rota

BULK TANK FARM, PHASE 1 ............... 80,000 80,000

Texas

Defense-Wide Fort Cavazos COST TO COMPLETE: POWER GEN-

ERATION AND MICROGRID.

0 18,900

Defense-Wide Fort Cavazos MICROGRID AND BACKUP POWER ... 0 18,250

Utah

Defense-Wide Hill Air Force

Base

OPEN STORAGE ...................................... 14,200 14,200

Virginia

Defense-Wide Fort Belvoir DIA HEADQUARTERS ANNEX ............. 185,000 25,000

Defense-Wide Fort Belvoir (NGA

Campus East)

COST TO COMPLETE: CHILLED

WATER REDUNDANCY.

0 550

Defense-Wide Hampton Roads COST TO COMPLETE: BACKUP

POWER GENERATION.

0 1,200

Defense-Wide Joint Expedi-

tionary Base

Little Creek—

Fort Story

SOF SDVT2 OPERATIONS SUPPORT

FACILITY.

61,000 61,000

Defense-Wide Pentagon HVAC EFFICIENCY UPGRADES .......... 0 2,250

Defense-Wide Pentagon SEC OPS AND PEDESTRIAN ACCESS

FACS.

30,600 30,600

Washington

Defense-Wide Joint Base Lewis-

McChord

POWER GENERATION AND

MICROGRID.

0 49,850

Defense-Wide Joint Base Lewis-

McChord

SOF CONSOLIDATED RIGGING FA-

CILITY.

62,000 62,000

Defense-Wide Manchester BULK STORAGE TANKS, PHASE 2 ..... 71,000 71,000

Defense-Wide Naval Undersea

Warfare Center

Keyport

SOF COLD WATER TRAINING AUS-

TERE ENVIRONMENT FACILITY.

0 37,000

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137 STAT. 912 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Worldwide Unspec-

ified

Defense-Wide Unspecified

Worldwide Lo-

cations

INDOPACOM MILITARY CONSTRUC-

TION PILOT PROGRAM.

0 150,000

Defense-Wide Unspecified

Worldwide Lo-

cations

INDOPACOM UNSPECIFIED MINOR

MILITARY CONSTRUCTION.

0 62,000

Defense-Wide Unspecified

Worldwide Lo-

cations

ENERGY RESILIENCE AND

CONSERV. INVEST. PROG..

548,000 0

Defense-Wide Unspecified

Worldwide Lo-

cations

ERCIP PLANNING & DESIGN .............. 86,250 101,250

Defense-Wide Unspecified

Worldwide Lo-

cations

EXERCISE RELATED MINOR CON-

STRUCTION.

11,107 21,472

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (CYBERCOM) .. 30,215 30,215

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (DEFENSE-

WIDE).

32,579 32,579

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (DHA) ............... 49,610 49,610

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (DLA) ................ 24,000 24,000

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (DODEA) .......... 8,568 8,568

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (MDA) ............... 1,035 21,035

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (NSA) ................ 3,068 3,068

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (SOCOM) .......... 25,130 25,130

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (TJS) ................. 2,000 2,000

Defense-Wide Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN (WHS) ............... 590 590

Defense-Wide Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION (DEFENSE-WIDE).

3,000 3,000

Defense-Wide Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION (SOCOM).

19,271 19,271

Defense-Wide Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION (DLA).

4,875 4,875

Wyoming

Defense-Wide F.E. Warren Air

Force Base

MICROGRID AND BATTERY STOR-

AGE.

0 25,000

Subtotal Military Construction, Defense-Wide ........................................ 2,984,682 3,198,571

ARMY NATIONAL GUARD

Alabama

Army National

Guard

Fort McClellan COST TO COMPLETE: ENLISTED

BARRACKS, TT.

0 7,000

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137 STAT. 913 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Army National

Guard

Huntsville COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 4,650

Arizona

Army National

Guard

Surprise Readi-

ness Center

NATIONAL GUARD READINESS CEN-

TER.

15,000 15,000

Arkansas

Army National

Guard

Fort Chaffee COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 610

California

Army National

Guard

Bakersfield COST TO COMPLETE: VEHICLE

MAINTENANCE SHOP.

0 1,000

Army National

Guard

Camp Roberts COST TO COMPLETE: AUTOMATED

MULTIPURPOSE MACHINE GUN

(MPMG) RANGE.

0 5,000

Colorado

Army National

Guard

Peterson Space

Force Base

COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 3,000

Connecticut

Army National

Guard

Putnam COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 6,125

Florida

Army National

Guard

Camp Blanding MULTIPURPOSE MACHINE GUN

RANGE.

0 11,000

Army National

Guard

Camp Blanding TRAINING AIDS CENTER (P&D) ......... 0 1,200

Army National

Guard

Camp Blanding WEDGE INFANTRY SQUAD BATTLE

COURSE (P&D).

0 840

Guam

Army National

Guard

Barrigada COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 6,900

Idaho

Army National

Guard

Jerome County

Regional Site

COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 1,250

Army National

Guard

Jerome County

Regional Site

NATIONAL GUARD VEHICLE MAIN-

TENANCE SHOP.

17,000 17,000

Illinois

Army National

Guard

Bloomington COST TO COMPLETE: NATIONAL

GUARD VEHICLE MAINTENANCE

SHOP.

0 5,250

Army National

Guard

Chicago, Jones

Armory

GENERAL JONES NATIONAL GUARD

READINESS CENTER ALTERATION

(P&D).

0 5,000

Army National

Guard

North Riverside

Armory

NATIONAL GUARD VEHICLE MAIN-

TENANCE SHOP.

24,000 24,000

Army National

Guard

Peoria READINESS CENTER (P&D) ................. 0 2,400

Indiana

Army National

Guard

Shelbyville COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER ADD/

ALT.

0 5,000

Kansas

Army National

Guard

Topeka COST TO COMPLETE: NATIONAL

GUARD/RESERVE CENTER BUILD-

ING.

0 5,856

Kentucky

Army National

Guard

Burlington VEHICLE MAINTENANCE SHOP ........ 0 16,400

Army National

Guard

Frankfort COST TO COMPLETE: NATIONAL

GUARD/RESERVE CENTER BUILD-

ING.

0 2,000

Louisiana

Army National

Guard

Camp Beauregard COLLECTIVE TRAINING UNACCOM-

PANIED HOUSING OPEN-BAY

(P&D).

0 2,400

Army National

Guard

Camp Beauregard COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 2,000

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137 STAT. 914 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Army National

Guard

Camp Minden COST TO COMPLETE: COLLECTIVE

TRAINING UNACCOMPANIED

HOUSING, OPEN BAY.

0 3,718

Maine

Army National

Guard

Northern Maine

Range Complex

AUTOMATED MULTIPURPOSE MA-

CHINE GUN RANGE (P&D).

0 2,800

Army National

Guard

Saco COST TO COMPLETE: NATIONAL

GUARD VEHICLE MAINTENANCE

SHOP.

0 7,420

Massachusetts

Army National

Guard

Camp Edwards COST TO COMPLETE: AUTOMATED

MULTIPURPOSE MACHINE GUN

(MPMG) RANGE.

0 0

Minnesota

Army National

Guard

Camp Ripley ACCESS CONTROL FACILITY (P&D) .. 0 1,530

Mississippi

Army National

Guard

Camp Shelby CAMP SHELBY JFTC RAILHEAD EX-

PANSION (P&D).

0 2,200

Army National

Guard

Camp Shelby COST TO COMPLETE: MANEUVER

AREA TRAINING EQUIPMENT SITE

ADDITION.

0 5,425

Army National

Guard

Meridian ARMY AVIATION SUPPORT FACILITY

3 (P&D).

0 2,160

Army National

Guard

Southaven Readi-

ness Center

NATIONAL GUARD READINESS CEN-

TER.

0 33,000

Missouri

Army National

Guard

Bellefontaine NATIONAL GUARD READINESS CEN-

TER.

28,000 28,000

Nebraska

Army National

Guard

Bellevue COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 9,090

Army National

Guard

Greenlief Training

Site

COLLECTIVE TRAINING UNACCOM-

PANIED HOUSING OPEN-BAY

(P&D).

0 1,200

Army National

Guard

Mead Training

Site

COST TO COMPLETE: COLLECTIVE

TRAINING UNACCOMPANIED

HOUSING, OPEN BAY.

0 1,913

Army National

Guard

North Platte COST TO COMPLETE: NATIONAL

GUARD VEHICLE MAINTENANCE

SHOP.

0 400

Nevada

Army National

Guard

Floyd Edsall

Training Center

COMBINED SUPPORT MAINTE-

NANCE SHOP (P&D).

0 2,700

Army National

Guard

Floyd Edsall

Training Center

GENERAL INSTRUCTION FACILITY

(P&D).

0 5,490

Army National

Guard

Harry Reid Train-

ing Center

READY BUILDING (P&D) ...................... 0 590

New Hampshire

Army National

Guard

Concord COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 200

Army National

Guard

Littleton NATIONAL GUARD VEHICLE MAIN-

TENANCE SHOP ADDITION.

23,000 23,000

New Jersey

Army National

Guard

Joint Base

McGuire-Dix-

Lakehurst

COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 605

Army National

Guard

Newark NATIONAL GUARD READINESS CEN-

TER (P&D).

0 1,900

New Mexico

Army National

Guard

Rio Rancho Train-

ing Site

NATIONAL GUARD VEHICLE MAIN-

TENANCE SHOP ADDITION.

11,000 11,000

New York

Army National

Guard

Lexington Avenue

Armory

NATIONAL GUARD READINESS CEN-

TER ADDITION/ALTERATION.

0 70,000

North Carolina

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137 STAT. 915 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Army National

Guard

Salisbury ARMY AVIATION SUPPORT FACILI-

TIES (P&D).

0 2,200

North Dakota

Army National

Guard

Camp Grafton INSTITUTIONAL POST-INITIAL MILI-

TARY TRAINING, UNACCOM-

PANIED HOUSING (P&D).

0 1,950

Army National

Guard

Dickinson COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 5,425

Ohio

Army National

Guard

Camp Perry Joint

Training Center

NATIONAL GUARD READINESS CEN-

TER.

19,200 19,200

Army National

Guard

Columbus COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 4,000

Oklahoma

Army National

Guard

Ardmore COST TO COMPLETE: VEHICLE

MAINTENANCE SHOP.

0 400

Army National

Guard

Shawnee Readi-

ness Center

NATIONAL GUARD READINESS CEN-

TER (P&D).

0 1,800

Oregon

Army National

Guard

Washington Coun-

ty Readiness

Center

NATIONAL GUARD READINESS CEN-

TER.

26,000 26,000

Pennsylvania

Army National

Guard

Fort Indiantown

Gap

AUTOMATED MULTIPURPOSE MA-

CHINE GUN RANGE (P&D).

0 1,550

Army National

Guard

Hermitage Readi-

ness Center

NATIONAL GUARD READINESS CEN-

TER.

13,600 13,600

Army National

Guard

Moon Township COST TO COMPLETE: COMBINED

SUPPORT MAINTENANCE SHOP.

0 3,100

Puerto Rico

Army National

Guard

Fort Allen COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 3,677

Rhode Island

Army National

Guard

Camp Fogarty

Training Site

COLLECTIVE TRAINING UNACCOM-

PANIED HOUSING OPEN-BAY

(P&D).

0 1,990

Army National

Guard

Quonset Point NATIONAL GUARD READINESS CEN-

TER.

0 41,000

South Carolina

Army National

Guard

Aiken County

Readiness Cen-

ter

NATIONAL GUARD READINESS CEN-

TER.

20,000 20,000

Army National

Guard

Joint Base

Charleston

COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 4,373

Army National

Guard

McCrady Training

Center

AUTOMATED MULTIPURPOSE MA-

CHINE GUN RANGE.

7,900 7,900

South Dakota

Army National

Guard

Sioux Falls COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 5,250

Tennessee

Army National

Guard

Campbell Army

Air Field

ARMY AIR TRAFFIC CONTROL TOW-

ERS (P&D).

0 2,500

Army National

Guard

McMinnville COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 500

Texas

Army National

Guard

Fort Cavazos GENERAL PURPOSE INSTRUCTION

BUILDING (P&D).

0 2,685

Army National

Guard

Fort Worth COST TO COMPLETE: AIRCRAFT

MAINTENANCE HANGAR ADD/ALT.

0 6,489

Army National

Guard

Fort Worth COST TO COMPLETE: NATIONAL

GUARD VEHICLE MAINTENANCE

SHOP.

0 381

Utah

Army National

Guard

Camp Williams COLLECTIVE TRAINING UNACCOM-

PANIED HOUSING, SENIOR NCO

AND OFFICER (P&D).

0 2,875

Vermont

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137 STAT. 916 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Army National

Guard

Bennington COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER.

0 3,415

Virgin Islands

Army National

Guard

St. Croix COST TO COMPLETE: ARMY AVIA-

TION SUPPORT FACILITY.

0 4,200

Army National

Guard

St. Croix COST TO COMPLETE: READY BUILD-

ING.

0 1,710

Virginia

Army National

Guard

Sandston Rc &

FMS 1

AIRCRAFT MAINTENANCE HANGAR 20,000 20,000

Army National

Guard

Troutville COST TO COMPLETE: COMBINED

SUPPORT MAINTENANCE SHOP

ADDITION.

0 2,415

Army National

Guard

Troutville COST TO COMPLETE: NATIONAL

GUARD READINESS CENTER AD-

DITION.

0 2,135

Washington

Army National

Guard

Camp Murray NATIONAL GUARD/RESERVE CEN-

TER (P&D).

0 3,600

West Virginia

Army National

Guard

Bluefield NATIONAL GUARD READINESS CEN-

TER (P&D).

0 1,950

Army National

Guard

Charleston NATIONAL GUARD READINESS CEN-

TER (P&D).

0 4,800

Army National

Guard

Parkersburg NATIONAL GUARD READINESS CEN-

TER (P&D).

0 3,300

Wisconsin

Army National

Guard

Viroqua NATIONAL GUARD READINESS CEN-

TER.

18,200 18,200

Worldwide Unspec-

ified

Army National

Guard

Unspecified

Worldwide Lo-

cations

COST TO COMPLETE ARMY NA-

TIONAL GUARD.

0 0

Army National

Guard

Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN ........................... 34,286 34,286

Army National

Guard

Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION.

63,000 73,000

Army National

Guard

Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION DEMOLITION.

0 15,000

Subtotal Military Construction, Army National Guard ......................... 340,186 732,078

ARMY RESERVE

Alabama

Army Reserve Birmingham ARMY RESERVE CENTER/AMSA/

LAND.

57,000 57,000

Arizona

Army Reserve San Tan Valley AREA MAINTENANCE SUPPORT AC-

TIVITY.

12,000 17,000

California

Army Reserve Marine Corps

Base Camp

Pendleton

COST TO COMPLETE: AREA MAINTE-

NANCE SUPPORT ACTIVITY.

0 3,000

Army Reserve Fort Hunter

Liggett

NETWORK ENTERPRISE CENTER ..... 0 40,000

Florida

Army Reserve Perrine COST TO COMPLETE: ARMY RE-

SERVE CENTER.

0 3,000

Georgia

Army Reserve Marine Corps Lo-

gistics Base Al-

bany

ARMY RESERVE CENTER ..................... 0 40,000

North Carolina

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137 STAT. 917 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Army Reserve Asheville COST TO COMPLETE: ARMY RE-

SERVE CENTER.

0 12,000

Ohio

Army Reserve Wright Patterson

Air Force Base

COST TO COMPLETE: ARMY RE-

SERVE CENTER.

0 5,000

Virginia

Army Reserve Richmond ARMY RESERVE CENTER (P&D) ......... 0 4,000

Worldwide Unspec-

ified

Army Reserve Unspecified

Worldwide Lo-

cations

COST TO COMPLETE ARMY RE-

SERVE.

0 0

Army Reserve Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN ........................... 23,389 23,389

Army Reserve Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION.

14,687 24,687

Army Reserve Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION DEMOLITION.

0 5,000

Subtotal Military Construction, Army Reserve ....................................... 107,076 234,076

NAVY RESERVE & MARINE CORPS RESERVE

Michigan

Navy Reserve

& Marine

Corps Re-

serve

Naval Reserve

Center Battle

Creek

ORGANIC SUPPLY FACILITIES ........... 24,549 24,549

Virginia

Navy Reserve

& Marine

Corps Re-

serve

Marine Forces Re-

serve Dam Neck

Virginia Beach

G/ATOR SUPPORT FACILITIES ............ 12,400 12,400

Worldwide Unspec-

ified

Navy Reserve

& Marine

Corps Re-

serve

Unspecified

Worldwide Lo-

cations

MCNR PLANNING & DESIGN .............. 6,495 6,495

Navy Reserve

& Marine

Corps Re-

serve

Unspecified

Worldwide Lo-

cations

MCNR UNSPECIFIED MINOR MILI-

TARY CONSTRUCTION.

7,847 17,847

Navy Reserve

& Marine

Corps Re-

serve

Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION DEMOLITION.

0 5,000

Subtotal Military Construction, Navy Reserve & Marine Corps Re-

serve.

51,291 66,291

AIR NATIONAL GUARD

Alabama

Air National

Guard

Montgomery Re-

gional Airport

F–35 ADAL SQ OPS BLDG 1303 ............ 7,000 7,000

Alaska

Air National

Guard

Eielson Air Force

Base

AMC STANDARD DUAL BAY HANGAR

(P&D).

0 5,000

Air National

Guard

Joint Base Elmen-

dorf-Richardson

ADAL ALERT CREW FACILITY HGR

18.

0 7,000

Air National

Guard

Joint Base Elmen-

dorf-Richardson

HC–130J SIMULATOR FACILITY

(P&D).

0 2,000

Arizona

Air National

Guard

Tucson Inter-

national Airport

MCCA: AIRCRAFT ARRESTING SYS-

TEM (NEW RWY).

11,600 11,600

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137 STAT. 918 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Arkansas

Air National

Guard

Ebbing Air Na-

tional Guard

Base

3–BAY HANGAR ...................................... 0 54,000

Air National

Guard

Ebbing Air Na-

tional Guard

Base

AIRCREW FLIGHT EQUIPMENT/STEP 0 0

Air National

Guard

Ebbing Air Na-

tional Guard

Base

SPECIAL ACCESS PROGRAM FACIL-

ITY.

0 21,989

Colorado

Air National

Guard

Buckley Space

Force Base

AIRCRAFT CORROSION CONTROL ..... 12,000 12,000

Florida

Air National

Guard

Jacksonville

International

Airport

F–35 MUNITIONS STORAGE AREA

ADMIN (P&D).

0 600

Indiana

Air National

Guard

Fort Wayne Inter-

national Airport

FIRE STATION ......................................... 8,900 8,900

Maine

Air National

Guard

Bangor Inter-

national Airport

REPAIR HANGAR ACCESS APRON

(LIGHT DUTY RAMP) (P&D).

0 1,450

Air National

Guard

Bangor Inter-

national Airport

REPAIR WHISKEY APRON (P&D) ........ 0 704

Mississippi

Air National

Guard

Jackson Inter-

national Airport

COST TO COMPLETE: 172ND AIRLIFT

WING FIRE/CRASH RESCUE STA-

TION.

0 8,000

Missouri

Air National

Guard

Rosecrans Air Na-

tional Guard

Base

139TH AIRLIFT WING ENTRY CON-

TROL POINT (P&D).

0 2,000

Air National

Guard

Rosecrans Air Na-

tional Guard

Base

ENTRY CONTROL POINT (P&D) .......... 0 0

New Jersey

Air National

Guard

Atlantic City

International

Airport

CONSOLIDATED DINING, SERVICES,

AND FITNESS CENTER (P&D).

0 2,000

Air National

Guard

Atlantic City

International

Airport

F–16 MISSION TRAINING CENTER

(P&D).

0 1,100

Oregon

Air National

Guard

Portland Inter-

national Airport

SPECIAL TACTICS COMPLEX, PHASE

22,000 23,000

Air National

Guard

Portland Inter-

national Airport

SPECIAL TACTICS COMPLEX, PHASE

18,500 21,000

Air National

Guard

Portland Inter-

national Airport

SPECIAL TACTICS COMPLEX, PHASE

0 24,000

Air National

Guard

Portland Inter-

national Airport

SPECIAL TACTICS COMPLEX, PHASE

0 11,000

Pennsylvania

Air National

Guard

Harrisburg Inter-

national Airport

ENTRY CONTROL FACILITY ................ 0 8,000

Wisconsin

Air National

Guard

Truax Field F–35: MM&I FAC, B701 .......................... 0 5,200

Air National

Guard

Volk Air National

Guard Base

FIRE/CRASH RESCUE STATION

(P&D).

0 0

Worldwide Unspec-

ified

Air National

Guard

Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN ........................... 35,600 35,600

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137 STAT. 919 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Air National

Guard

Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION.

63,122 73,122

Air National

Guard

Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION DEMOLITION.

0 15,000

Subtotal Military Construction, Air National Guard ............................. 178,722 361,265

AIR FORCE RESERVE

Arizona

Air Force Re-

serve

Davis-Monthan

Air Force Base

GUARDIAN ANGEL POTFF FACILITY 0 8,500

California

Air Force Re-

serve

March Air Re-

serve Base

KC–46 ADD/ALTER B1244 FUT/

CARGO PALLET STORAGE.

17,000 17,000

Air Force Re-

serve

March Air Re-

serve Base

KC–46 ADD/ALTER B6000 SIMU-

LATOR FACILITY.

8,500 8,500

Air Force Re-

serve

March Air Re-

serve Base

KC–46 TWO BAY MAINTENANCE/

FUEL HANGAR.

201,000 201,000

Georgia

Air Force Re-

serve

Dobbins Air Re-

serve Base

SECURITY FORCES FACILITY ............. 0 22,000

Guam

Air Force Re-

serve

Joint Region Mar-

ianas

AERIAL PORT FACILITY ....................... 27,000 27,000

Louisiana

Air Force Re-

serve

Barksdale Air

Force Base

307 BW MEDICAL FACILITY ADDI-

TION.

0 7,000

Ohio

Air Force Re-

serve

Youngstown Air

Reserve Station

FIRE STATION (P&D) ............................. 0 2,500

Texas

Air Force Re-

serve

Naval Air Station

Joint Reserve

Base Fort

Worth

LRS WAREHOUSE .................................. 16,000 16,000

Worldwide Unspec-

ified

Air Force Re-

serve

Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN ........................... 12,146 12,146

Air Force Re-

serve

Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION.

9,926 19,926

Air Force Re-

serve

Unspecified

Worldwide Lo-

cations

UNSPECIFIED MINOR MILITARY

CONSTRUCTION DEMOLITION.

0 5,000

Subtotal Military Construction, Air Force Reserve ................................

291,572 346,572

NATO SECURITY INVESTMENT PROGRAM

Worldwide Unspec-

ified

NATO NATO Security

Investment Pro-

gram

NATO SECURITY INVESTMENT PRO-

GRAM.

293,434 343,434

Subtotal NATO Security Investment Program ......................................... 293,434 343,434

TOTAL MILITARY CONSTRUCTION ......................................................... 14,345,019 15,656,630

FAMILY HOUSING

FAMILY HOUSING CONSTRUCTION, ARMY

Georgia

Fam Hsg Con,

Army

Fort Eisenhower FORT EISENHOWER MHPI EQUITY

INVESTMENT.

50,000 50,000

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137 STAT. 920 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Germany

Fam Hsg Con,

Army

Baumholder FAMILY HOUSING NEW CONSTRUC-

TION.

78,746 90,135

Kwajalein

Fam Hsg Con,

Army

Kwajalein Atoll FAMILY HOUSING REPLACEMENT

CONSTRUCTION.

98,600 98,600

Missouri

Fam Hsg Con,

Army

Fort Leonard

Wood

FORT LEONARD WOOD MHPI EQ-

UITY INVESTMENT.

50,000 50,000

Worldwide Unspec-

ified

Fam Hsg Con,

Army

Unspecified

Worldwide Lo-

cations

FAMILY HOUSING P&D ........................ 27,549 27,549

Subtotal Family Housing Construction, Army ......................................... 304,895 316,284

FAMILY HOUSING O&M, ARMY

Worldwide Unspec-

ified

Fam Hsg O&M,

Army

Unspecified

Worldwide Lo-

cations

FURNISHINGS ......................................... 12,121 12,121

Fam Hsg O&M,

Army

Unspecified

Worldwide Lo-

cations

HOUSING PRIVATIZATION SUPPORT 86,019 86,019

Fam Hsg O&M,

Army

Unspecified

Worldwide Lo-

cations

LEASING ................................................... 112,976 112,976

Fam Hsg O&M,

Army

Unspecified

Worldwide Lo-

cations

MAINTENANCE ....................................... 86,706 86,706

Fam Hsg O&M,

Army

Unspecified

Worldwide Lo-

cations

MANAGEMENT ....................................... 41,121 41,121

Fam Hsg O&M,

Army

Unspecified

Worldwide Lo-

cations

MISCELLANEOUS .................................. 554 554

Fam Hsg O&M,

Army

Unspecified

Worldwide Lo-

cations

SERVICES ................................................. 7,037 7,037

Fam Hsg O&M,

Army

Unspecified

Worldwide Lo-

cations

UTILITIES ................................................ 38,951 38,951

Subtotal Family Housing Operation And Maintenance, Army ............ 385,485 385,485

FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS

Guam

Fam Hsg Con,

Navy & Ma-

rine Corps

Joint Region Mar-

ianas

REPLACE ANDERSEN HOUSING (AF),

PHASE 7.

83,126 83,126

Fam Hsg Con,

Navy & Ma-

rine Corps

Joint Region Mar-

ianas

REPLACE ANDERSEN HOUSING,

PHASE 8.

121,906 121,906

Worldwide Unspec-

ified

Fam Hsg Con,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

DESIGN, WASHINGTON DC ................. 4,782 4,782

Fam Hsg Con,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

IMPROVEMENTS, WASHINGTON DC 57,740 57,740

Fam Hsg Con,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

USMC DPRI/GUAM PLANNING & DE-

SIGN.

9,588 9,588

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137 STAT. 921 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Subtotal Family Housing Construction, Navy & Marine Corps .......... 277,142 277,142

FAMILY HOUSING O&M, NAVY & MARINE CORPS

Worldwide Unspec-

ified

Fam Hsg O&M,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

FURNISHINGS ......................................... 17,744 17,744

Fam Hsg O&M,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

HOUSING PRIVATIZATION SUPPORT 65,655 65,655

Fam Hsg O&M,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

LEASING ................................................... 60,214 60,214

Fam Hsg O&M,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

MAINTENANCE ....................................... 101,356 101,356

Fam Hsg O&M,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

MANAGEMENT ....................................... 61,896 61,896

Fam Hsg O&M,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

MISCELLANEOUS .................................. 419 419

Fam Hsg O&M,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

SERVICES ................................................. 13,250 13,250

Fam Hsg O&M,

Navy & Ma-

rine Corps

Unspecified

Worldwide Lo-

cations

UTILITIES ................................................ 43,320 43,320

Subtotal Family Housing Operation & Maintenance, Navy & Marine

Corps.

363,854 363,854

FAMILY HOUSING CONSTRUCTION, AIR FORCE

Alabama

Fam Hsg Con,

Air Force

Maxwell Air Force

Base

MHPI RESTRUCTURE-AETC GROUP

II.

65,000 65,000

Colorado

Fam Hsg Con,

Air Force

U.S. Air Force

Academy

CONSTRUCTION IMPROVEMENT—

CARLTON HOUSE.

9,282 9,282

Hawaii

Fam Hsg Con,

Air Force

Joint Base Pearl

Harbor-Hickam

MHPI RESTRUCTURE-JOINT BASE

PEARL HARBOR-HICKAM.

75,000 75,000

Japan

Fam Hsg Con,

Air Force

Yokota Air Base IMPROVE FAMILY HOUSING PAIP 9,

PHASE 1 (24 UNITS).

0 27,000

Mississippi

Fam Hsg Con,

Air Force

Keesler Air Force

Base

MHPI RESTRUCTURE-SOUTHERN

GROUP.

80,000 80,000

Worldwide Unspec-

ified

Fam Hsg Con,

Air Force

Unspecified

Worldwide Lo-

cations

PLANNING & DESIGN ........................... 7,815 7,815

Subtotal Family Housing Construction, Air Force ................................. 237,097 264,097

FAMILY HOUSING O&M, AIR FORCE

Worldwide Unspec-

ified

Fam Hsg O&M,

Air Force

Unspecified

Worldwide Lo-

cations

FURNISHINGS ......................................... 12,884 23,884

Fam Hsg O&M,

Air Force

Unspecified

Worldwide Lo-

cations

HOUSING PRIVATIZATION SUPPORT 31,803 31,803

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137 STAT. 922 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

Fam Hsg O&M,

Air Force

Unspecified

Worldwide Lo-

cations

LEASING ................................................... 5,143 5,143

Fam Hsg O&M,

Air Force

Unspecified

Worldwide Lo-

cations

MAINTENANCE ....................................... 135,410 124,410

Fam Hsg O&M,

Air Force

Unspecified

Worldwide Lo-

cations

MANAGEMENT ....................................... 68,023 68,023

Fam Hsg O&M,

Air Force

Unspecified

Worldwide Lo-

cations

MISCELLANEOUS .................................. 2,377 2,377

Fam Hsg O&M,

Air Force

Unspecified

Worldwide Lo-

cations

SERVICES ................................................. 10,692 10,692

Fam Hsg O&M,

Air Force

Unspecified

Worldwide Lo-

cations

UTILITIES ................................................ 48,054 48,054

Subtotal Family Housing Operation And Maintenance, Air Force ..... 314,386 314,386

FAMILY HOUSING O&M, DEFENSE-WIDE

Worldwide Unspec-

ified

Fam Hsg O&M,

Defense-Wide

Unspecified

Worldwide Lo-

cations

FURNISHINGS ......................................... 673 673

Fam Hsg O&M,

Defense-Wide

Unspecified

Worldwide Lo-

cations

FURNISHINGS ......................................... 89 89

Fam Hsg O&M,

Defense-Wide

Unspecified

Worldwide Lo-

cations

LEASING ................................................... 32,042 32,042

Fam Hsg O&M,

Defense-Wide

Unspecified

Worldwide Lo-

cations

LEASING ................................................... 13,658 13,658

Fam Hsg O&M,

Defense-Wide

Unspecified

Worldwide Lo-

cations

MAINTENANCE ....................................... 35 35

Fam Hsg O&M,

Defense-Wide

Unspecified

Worldwide Lo-

cations

UTILITIES ................................................ 4,273 4,273

Fam Hsg O&M,

Defense-Wide

Unspecified

Worldwide Lo-

cations

UTILITIES ................................................ 15 15

Subtotal Family Housing Operation And Maintenance, Defense-

Wide.

50,785 50,785

FAMILY HOUSING IMPROVEMENT FUND

Worldwide Unspec-

ified

Family Housing

Improvement

Fund

Unspecified

Worldwide Lo-

cations

ADMINISTRATIVE EXPENSES—FHIF 6,611 6,611

Subtotal Family Housing Improvement Fund .......................................... 6,611 6,611

UNACCOMPANIED HOUSING IMPROVEMENT FUND

Worldwide Unspec-

ified

Unaccompanied

Housing Im-

provement

Fund

Unspecified

Worldwide Lo-

cations

ADMINISTRATIVE EXPENSES—UHIF 496 496

Subtotal Unaccompanied Housing Improvement Fund ........................ 496 496

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137 STAT. 923 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4601. MILITARY CONSTRUCTION

(In Thousands of Dollars)

Account

State/Country and

Installation

Project Title

FY 2024

Request

Conference

Authorized

TOTAL FAMILY HOUSING ........................................................................... 1,940,751 1,979,140

DEFENSE BASE REALIGNMENT AND CLOSURE

BASE REALIGNMENT AND CLOSURE, ARMY

Worldwide Unspec-

ified

BRAC, Army Unspecified

Worldwide Lo-

cations

BASE REALIGNMENT & CLOSURE .... 150,640 200,640

Subtotal Base Realignment and Closure—Army ..................................... 150,640 200,640

BASE REALIGNMENT AND CLOSURE, NAVY

Worldwide Unspec-

ified

BRAC, Navy Unspecified

Worldwide Lo-

cations

BASE REALIGNMENT & CLOSURE .... 108,818 158,818

Subtotal Base Realignment and Closure—Navy ...................................... 108,818 158,818

BASE REALIGNMENT AND CLOSURE, AIR FORCE

Worldwide Unspec-

ified

BRAC, Air

Force

Unspecified

Worldwide Lo-

cations

BASE REALIGNMENT & CLOSURE .... 123,990 173,990

Subtotal Base Realignment and Closure—Air Force .............................. 123,990 173,990

BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE

Worldwide Unspec-

ified

BRAC, Defense-

Wide

Unspecified

Worldwide Lo-

cations

INT–4: DLA ACTIVITIES ........................ 5,726 5,726

Subtotal Base Realignment and Closure—Defense-Wide ...................... 5,726 5,726

TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE .................. 389,174 539,174

TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND

BRAC.

16,674,944 18,174,944

TITLE XLVII—DEPARTMENT OF ENERGY

NATIONAL SECURITY PROGRAMS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2024

Request

Conference

Authorized

Discretionary Summary by Appropriation

Energy and Water Development and Related Agencies

Appropriation Summary:

Energy Programs

Nuclear Energy .............................................................. 177,733 160,000

Atomic Energy Defense Activities

National Nuclear Security Administration:

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137 STAT. 924 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2024

Request

Conference

Authorized

Weapons Activities .................................................. 18,832,947 19,121,676

Defense Nuclear Nonproliferation ......................... 2,508,959 2,444,252

Naval Reactors ........................................................ 1,964,100 1,964,100

Federal Salaries and Expenses .............................. 538,994 518,994

Total, National Nuclear Security Administra-

tion .............................................................................. 23,845,000 24,049,022

Defense Environmental Cleanup .................................. 7,073,587 7,043,763

Defense Uranium Enrichment D&D ............................ 427,000 0

Other Defense Activities ................................................ 1,075,197 1,075,197

Total, Atomic Energy Defense Activities ..................... 32,420,784 32,167,982

Total, Discretionary Funding ....................................................... 32,598,517 32,327,982

Nuclear Energy

Safeguards and security .............................................................. 177,733 160,000

Program decrease .................................................................. [–17,733 ]

Total, Nuclear Energy ..................................................................... 177,733 160,000

National Nuclear Security Administration

Weapons Activities

Stockpile management

Stockpile major modernization

B61 Life extension program .......................................... 449,850 449,850

W88 Alteration program ................................................ 178,823 178,823

W80–4 Life extension program ..................................... 1,009,929 1,009,929

W80–4 ALT Nuclear-armed sea-launched cruise mis-

sile ............................................................................... 0 70,000

Program increase .................................................... [70,000 ]

W87–1 Modification Program ....................................... 1,068,909 1,068,909

W93 ................................................................................. 389,656 389,656

B61–13 ............................................................................ 52,000 52,000

Subtotal, Stockpile major modernization ................... 3,097,167 3,219,167

Stockpile sustainment ......................................................................... 1,276,578 1,276,578

Weapons dismantlement and disposition .......................................... 53,718 53,718

Production operations ......................................................................... 710,822 710,822

Nuclear enterprise assurance ............................................................. 66,614 66,614

Total, Stockpile management ................................................ 5,256,899 5,326,899

Production Modernization

Primary Capability Modernization

Plutonium Modernization

Los Alamos Plutonium Modernization

Los Alamos Plutonium Operations ................ 833,100 833,100

21–D–512 Plutonium Pit Production Project,

LANL ............................................................ 670,000 670,000

15–D–302 TA–55 Reinvestments Project,

Phase 3, LANL ............................................. 30,000 30,000

07–D–220-04 Transuranic Liquid Waste Fa-

cility, LANL .................................................. 0 0

04–D–125 Chemistry and Metallurgy Re-

search Replacement Project, LANL ............ 227,122 227,122

Subtotal, Los Alamos Plutonium Moderniza-

tion ...................................................................... 1,760,222 1,760,222

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137 STAT. 925 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2024

Request

Conference

Authorized

Savannah River Plutonium Modernization

Savannah River Plutonium Operations ......... 62,764 62,764

21–D–511 Savannah River Plutonium Proc-

essing Facility, SRS ..................................... 858,235 1,000,235

Program increase ...................................... [142,000 ]

Subtotal, Savannah River Plutonium Mod-

ernization ........................................................... 920,999 1,062,999

Enterprise Plutonium Support ............................................. 87,779 87,779

Total, Plutonium Modernization ........................................... 2,769,000 2,911,000

High Explosives & Energetics

High Explosives & Energetics ........................ 93,558 93,558

23–D–516 Energetic Materials Characteriza-

tion Facility, LANL ...................................... 0 0

21–D–510 HE Synthesis, Formulation, and

Production, PX ............................................. 0 80,000

Program increase ...................................... [80,000 ]

15–D–301 HE Science & Engineering Facil-

ity, PX ........................................................... 101,356 101,356

Subtotal, High Explosives & Energetics ........ 194,914 274,914

Total, Primary Capability Modernization ................................. 2,963,914 3,185,914

Secondary Capability Modernization

Secondary Capability Modernization .......................................... 666,914 666,914

18–D–690 Lithium Processing Facility, Y–12 ............................ 210,770 210,770

06–D–141 Uranium Processing Facility, Y–12 .......................... 760,000 760,000

Total, Secondary Capability Modernization ............................. 1,637,684 1,637,684

Tritium and Domestic Uranium Enrichment

Tritium and Domestic Uranium Enrichment ............................ 592,992 592,992

18–D–650 Tritium Finishing Facility, SRS ................................ 0 37,000

Program increase .................................................................. [37,000 ]

Total, Tritium and Domestic Uranium Enrichment ............... 0 629,992

Non-Nuclear Capability Modernization

Non-Nuclear Capability Modernization ...................................... 166,990 166,990

22–D–513 Power Sources Capability, SNL ................................ 37,886 37,886

Total, Non-Nuclear Capability Modernization ......................... 204,876 204,876

Capability Based Investments ............................................................ 156,462 156,462

Total, Production Modernization ......................................... 5,555,928 5,814,928

Stockpile research, technology, and engineering

Assessment Science

Assessment Science ........................................................ 917,751 917,751

17–D–640 U1a Complex Enhancements Project,

NNSS ........................................................................... 126,570 126,570

Total, Assessment Science ............................................... 1,044,321 1,044,321

Engineering and integrated assessments ............................ 440,456 440,456

Inertial confinement fusion .................................................. 601,650 641,650

Program increase ........................................................... [40,000 ]

Advanced simulation and computing .................................. 782,472 782,472

Weapon technology and manufacturing maturation .......... 327,745 307,745

Program decrease ........................................................... [–20,000 ]

Academic programs ............................................................... 152,271 112,000

Community Capacity Building Program ...................... [–30,000 ]

Program decrease ........................................................... [–10,271 ]

Total, Stockpile research, technology, and engineering 3,348,915 3,328,644

Infrastructure and operations

Operating

Operations of facilities ................................................... 1,053,000 1,053,000

Safety and Environmental Operations ......................... 139,114 139,114

Maintenance and Repair of Facilities .......................... 718,000 700,000

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137 STAT. 926 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2024

Request

Conference

Authorized

Program decrease ............................................ [–18,000 ]

Recapitalization

Infrastructure and Safety ...................................... 650,012 638,012

Program decrease ............................................ [–12,000 ]

Subtotal, Recapitalization ........................................ 650,012 638,012

Total, Operating ................................................................. 2,560,126 2,530,126

Mission enabling construction:

22–D–510 Analytic Gas Laboratory, PX ...................... 35,000 35,000

22–D–511 Plutonium Production Building, LANL ...... 48,500 48,500

22–D–512 TA–46 Protective Force Facility, LANL ..... 48,500 48,500

22–D–517 Electrical Power Capacity Upgrade, LANL 75,000 75,000

22–D–518 Plutonium Modernization Ops & Waste

Mngmt Office Bldg, LANL ......................................... 0 0

23–D–519 Special Material Facility, Y–12 .................. 0 0

Total, Mission enabling construction ........................... 207,000 207,000

Total, Infrastructure and operations ................................... 2,767,126 2,737,126

Secure transportation asset

Operations and equipment ................................................... 239,008 239,008

Program direction ................................................................. 118,056 118,056

Total, Secure transportation asset ....................................... 357,064 357,064

Defense nuclear security

Operations and maintenance ............................................... 988,756 988,756

Construction:

17–D–710 West End Protected Area Reduction

Project, Y–12 ............................................................... 28,000 38,000

Program increase .................................................... [10,000 ]

Subtotal, Construction ..................................................... 28,000 38,000

Total, Defense nuclear security ............................................ 1,016,756 1,026,756

Information technology and cybersecurity ............................... 578,379 578,379

Legacy contractor pensions .......................................................... 65,452 65,452

Total, Weapons Activities ............................................................... 18,946,519 19,235,248

Adjustments

Use of prior year balances .................................................... –113,572 –113,572

Total, Adjustments ........................................................................... –113,572 –133,572

Total, Weapons Activities ............................................................... 18,832,947 19,121,676

Defense Nuclear Nonproliferation

Material Management and Minimization

Conversion (formerly HEU Reactor Conversion) ................ 116,675 116,675

Nuclear material removal ..................................................... 47,100 47,100

Material disposition .............................................................. 282,250 282,250

Total, Material Management and Minimization ............... 446,025 446,025

Global Material Security

International nuclear security ............................................. 84,707 75,000

Program decrease ........................................................... [–9,707 ]

Radiological security ............................................................. 258,033 258,033

Nuclear smuggling detection and deterrence ..................... 181,308 181,308

Total, Global Material Security ............................................. 524,048 514,341

Nonproliferation and Arms Control ............................................ 212,358 192,358

Program decrease .................................................................. [–20,000 ]

Defense Nuclear Nonproliferation R&D

Proliferation detection .......................................................... 290,388 280,388

Program decrease ........................................................... [–10,000 ]

Nonproliferation stewardship program ............................... 107,437 107,437

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137 STAT. 927 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2024

Request

Conference

Authorized

Nuclear detonation detection ............................................... 285,603 285,603

Forensics R&D ....................................................................... 44,759 44,759

Nonproliferation fuels development ..................................... 0 0

Total, Defense Nuclear Nonproliferation R&D ................. 728,187 718,187

Nonproliferation Construction:

18–D–150 Surplus Plutonium Disposition Project, SRS .... 77,211 77,211

Total, Nonproliferation Construction .................................. 77,211 77,211

NNSA Bioassurance Program ..................................................... 25,000 0

Program decrease .................................................................. [–25,000 ]

Legacy contractor pensions .......................................................... 22,587 22,587

Nuclear Counterterrorism and Incident Response Pro-

gram

Emergency Operations .......................................................... 19,123 19,123

Counterterrorism and Counterproliferation ....................... 474,420 474,420

Total, Nuclear Counterterrorism and Incident Re-

sponse Program ..................................................................... 493,543 493,543

Subtotal, Defense Nuclear Nonproliferation ............................ 2,528,959 2,464,252

Adjustments

Use of prior year balances .................................................... –20,000 –20,000

Total, Adjustments .................................................................... –20,000 –20,000

Total, Defense Nuclear Nonproliferation .................................. 2,508,959 2,444,252

Naval Reactors

Naval reactors development ........................................................ 838,340 838,340

Columbia-Class reactor systems development ........................... 52,900 52,900

S8G Prototype refueling .............................................................. 0 0

Naval reactors operations and infrastructure ............................ 712,036 712,036

Program direction ......................................................................... 61,540 61,540

Construction:

22–D–533 BL Component Test Complex ............................. 0 0

22–D–531 KL Chemistry & Radiological Health Building 10,400 10,400

21–D–530 KL Steam and Condensate Upgrade ................. 53,000 53,000

14–D–901 Spent Fuel Handling Recapitalization Project,

NRF .................................................................................... 199,300 199,300

24–D–530 NRF Medical Science Complex .......................... 36,584 36,584

Total, Construction .................................................................. 299,284 299,284

Total, Naval Reactors ...................................................................... 1,964,100 1,964,100

Federal Salaries and Expenses

Program direction ......................................................................... 538,994 518,994

Use of prior year balances ........................................................... 0 0

Total, Federal Salaries and Expenses ......................................... 538,994 518,994

TOTAL, National Nuclear Security Administration ............... 23,845,000 24,049,022

Defense Environmental Cleanup

Closure sites administration ................................................ 3,023 3,023

Richland

River corridor and other cleanup operations ...................... 180,000 180,000

Central plateau remediation ................................................ 684,289 684,289

Richland community and regulatory support ..................... 10,100 10,100

18–D–404 Modification of Waste Encapsulation and Stor-

age Facility ......................................................................... 0 0

22–D–401 L–888 Eastern Plateau Fire Station ................. 7,000 7,000

22–D–402 L–897 200 Area Water Treatment Facility ....... 11,200 11,200

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137 STAT. 928 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2024

Request

Conference

Authorized

23–D–404 181D Export Water System Reconfiguration

and Upgrade ...................................................................... 27,149 27,149

23–D–405 181B Export Water System Reconfiguration

and Upgrade ...................................................................... 462 462

24–D–401 Environmental Restoration Disposal Facility

Supercell 11 Expans Proj .................................................. 1,000 1,000

Total, Richland .......................................................................... 921,200 921,200

Office of River Protection:

Waste Treatment Immobilization Plant Commissioning ... 466,000 430,000

Program decrease ........................................................... [–36,000 ]

Rad liquid tank waste stabilization and disposition .......... 813,625 813,625

Construction:

23–D–403 Hanford 200 West Area Tank Farms

Risk Management Project .................................. 15,309 15,309

15–D–409 Low Activity Waste Pretreatment Sys-

tem ........................................................................ 60,000 60,000

18–D–16 Waste Treatment and Immobilization

Plant—LBL/Direct feed LAW ............................. 0 0

01–D–16D High-Level Waste Facility ................... 600,000 600,000

01–D–16E Pretreatment Facility .......................... 20,000 20,000

Subtotal, Construction ..................................................... 695,309 695,309

ORP Low-level waste offsite disposal .................................. 0 0

Total, Office of River Protection .......................................... 1,974,934 1,938,934

Idaho National Laboratory:

Idaho cleanup and waste disposition ................................... 377,623 377,623

Idaho community and regulatory support ........................... 2,759 2,759

Construction:

22–D–403 Idaho Spent Nuclear Fuel Staging Fa-

cility ...................................................................... 10,159 10,159

22–D–404 Addl ICDF Landfill Disposal Cell and

Evaporation Ponds Project ................................. 46,500 46,500

22–D–402 Calcine Construction ............................ 10,000 10,000

Subtotal, Construction ..................................................... 66,659 66,659

Total, Idaho National Laboratory ......................................... 447,041 447,041

NNSA sites and Nevada off-sites

Lawrence Livermore National Laboratory .......................... 1,879 1,879

LLNL Excess Facilities D&D ............................................... 20,195 20,195

Separations Processing Research Unit ................................ 15,300 15,300

Nevada Test Site ................................................................... 61,952 61,952

Sandia National Laboratory ................................................. 2,264 2,264

Los Alamos National Laboratory ......................................... 273,831 273,831

Los Alamos Excess Facilities D&D ...................................... 13,648 13,648

Total, NNSA sites and Nevada off-sites ............................... 389,069 389,069

Oak Ridge Reservation:

OR Nuclear Facility D&D .................................................... 335,000 335,000

U233 Disposition Program ................................................... 55,000 55,000

OR cleanup and waste disposition ....................................... 72,000 72,000

Construction:

14–D–403 Outfall 200 Mercury Treatment Facil-

ity ......................................................................... 10,000 10,000

17–D–401 On-site Waste Disposal Facility .......... 24,500 24,500

Subtotal, Construction ..................................................... 34,500 34,500

OR community & regulatory support .................................. 5,500 5,500

OR technology development and deployment ..................... 3,000 3,000

Total, Oak Ridge Reservation ................................................ 505,000 505,000

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137 STAT. 929 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2024

Request

Conference

Authorized

Savannah River Site:

Savannah River risk management operations .................... 453,109 460,241

Program increase ........................................................... [7,132 ]

Savannah River legacy pensions .......................................... 65,898 65,898

Savannah River community and regulatory support ......... 12,389 12,389

Savannah River National Laboratory O&M ....................... 42,000 42,000

Construction:

20-D–401 Saltstone Disposal Unit #10, 11, 12 ..... 56,250 56,250

19–D–701 SR Security Systems Replacement ...... 0 0

18–D–401 Saltstone Disposal Unit #8, 9 .............. 31,250 31,250

18–D–402 Emergency Operations Center Re-

placement, SR ...................................................... 34,733 34,733

Subtotal, Construction ..................................................... 122,233 122,233

Radioactive liquid tank waste stabilization ........................ 880,323 900,323

Program increase ........................................................... [20,000 ]

Total, Savannah River Site .................................................... 1,575,952 1,603,084

Waste Isolation Pilot Plant

Waste Isolation Pilot Plant .................................................. 369,961 369,961

Construction:

15–D–411 Safety Significant Confinement Ven-

tilation System, WIPP ........................................ 44,365 44,365

15–D–412 Utility Shaft, WIPP .............................. 50,000 50,000

Total, Construction ........................................................... 94,365 94,365

Total, Waste Isolation Pilot Plant ......................................... 464,326 464,326

Program direction—Defense Environmental Cleanup .............. 326,893 326,893

Program support—Defense Environmental Cleanup ................ 103,504 82,548

Program decrease .................................................................. [–20,956 ]

Safeguards and Security—Defense Environmental Cleanup ... 332,645 332,645

Technology development and deployment .................................. 30,000 30,000

Subtotal, Defense Environmental Cleanup ............................... 7,073,587 7,043,763

TOTAL, Defense Environmental Cleanup ................................. 7,073,587 7,043,763

Defense Uranium Enrichment D&D ............................................ 427,000 0

Program decrease ......................................................................... [–427,000 ]

Other Defense Activities

Environment, health, safety and security

Environment, health, safety and security mission support 144,705 144,705

Program direction ................................................................. 86,558 86,558

Total, Environment, health, safety and security .............. 231,263 231,263

Office of Enterprise Assessments

Enterprise assessments ........................................................ 30,022 30,022

Program direction ................................................................. 64,132 64,132

Total, Office of Enterprise Assessments ............................. 94,154 94,154

Specialized security activities ...................................................... 345,330 345,330

Legacy Management

Legacy Management Activities—Defense ........................... 173,681 173,681

Program Direction ................................................................. 22,621 22,621

Total, Legacy Management ..................................................... 196,302 196,302

Defense-Related Administrative Support ................................... 203,649 203,649

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137 STAT. 930 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

(In Thousands of Dollars)

Program

FY 2024

Request

Conference

Authorized

Office of Hearings and Appeals ................................................... 4,499 4,499

Subtotal, Other Defense Activities ....................................... 1,075,197 1,075,197

Use of prior year balances ........................................................... 0 0

Total, Other Defense Activities .................................................... 1,075,197 1,075,197

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.

SEC. 5001. ADJUSTMENT OF THRESHOLD AMOUNT FOR MINOR MED-

ICAL FACILITY PROJECTS OF DEPARTMENT OF VET-

ERANS AFFAIRS.

Section 8104(a) of title 38, United States Code, is amended—

(1) in paragraph (3)(A), by striking ‘‘$20,000,000’’ each place

it appears and inserting ‘‘the amount specified in paragraph

(4)’’; and

(2) by adding at the end the following new paragraph:

‘‘(4)(A) The amount specified in this paragraph is $30,000,000,

as adjusted pursuant to this paragraph.

‘‘(B)(i) The Secretary may annually adjust the amount specified

in this paragraph to reflect a percentage increase, if any, in

construction costs during the prior calendar year, as determined

by—

‘‘(I) the relevant composite construction and lease cost

indices pursuant to section 3307(h) of title 40, or any similar

successor index developed by the Administrator of the General

Services Administration; or

‘‘(II) the Producer Price Index for New Health Care

Building Construction published by the Bureau of Labor Statis-

tics of the Department of Labor, or any similar successor index

developed by the Secretary of Labor.

‘‘(ii) If there is no percentage increase in construction costs

determined as described in clause (i) for a calendar year, the Sec-

retary may not adjust the amount specified in subparagraph (A)

for that year.

‘‘(C) If the Secretary adjusts the amount specified in this para-

graph, the Secretary shall publish a notice of such adjustment

in the Federal Register.

‘‘(D) Not later than 30 days before adjusting the amount speci-

fied in this paragraph, the Secretary shall notify the Committee

on Veterans’ Affairs and the Committee on Appropriations of the

Senate and the Committee on Veterans’ Affairs and the Committee

on Appropriations of the House of Representatives.

‘‘(E) The Secretary shall determine a logical schedule for adjust-

ments under this paragraph to take effect so that the amounts

for and types of construction projects requested by the Department

in the budget of the President under section 1105(a) of title 31

Determination.

Schedule.

Deadline.

Notification.

Notice.

Federal Register,

publication.

Time period.

Determination.

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137 STAT. 931 PUBLIC LAW 118–31—DEC. 22, 2023

are consistent with the threshold for construction projects as so

adjusted.’’.

SEC. 5002. GRAVE MARKERS AT SANTA FE NATIONAL CEMETERY, NEW

MEXICO.

(a) R

EPEAL OF

UTHORITY TO

ROVIDE

LAT

RAVE

ARKERS

.—

Section 612 of the Veterans Millennium Health Care and Benefits

Act (Public Law 106–117; 38 U.S.C. 2404 note) is hereby repealed.

(b) S

TUDY

EQUIRED

.—Not later than one year after the date

of the enactment of this Act, the Secretary of Veterans Affairs

shall submit to the Committees on Veterans’ Affairs of the Senate

and House of Representatives, and make publicly available, a report

on the cost of replacing the flat grave markers that were provided

under such section 612 at the Santa Fe National Cemetery, New

Mexico, with upright grave markers.

SEC. 5003. IMPROVING PROCESSING BY DEPARTMENT OF VETERANS

AFFAIRS OF DISABILITY CLAIMS FOR POST-TRAUMATIC

STRESS DISORDER THROUGH IMPROVED TRAINING.

(a) F

ORMAL

ROCESS FOR

ONDUCT OF

NNUAL

NALYSIS OF

RAINING

EEDS

ASED ON

RENDS

.—Not later than 180 days

after the date of the enactment of this Act, the Secretary of Veterans

Affairs, acting through the Under Secretary for Benefits, shall

establish a formal process to analyze, on an annual basis, training

needs of employees of the Department who review claims for dis-

ability compensation for post-traumatic stress disorder, based on

identified processing error trends.

(b) F

ORMAL

ROCESS FOR

ONDUCT OF

NNUAL

TUDIES TO

UPPORT

NNUAL

NALYSIS

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary, acting through

the Under Secretary, shall establish a formal process to conduct,

on an annual basis, studies to help guide the process established

under subsection (a).

(2) E

LEMENTS

.—Each study conducted under paragraph

(1) shall cover the following:

(A) Military post-traumatic stress disorder stressors.

(B) Decision-making claims for claims processors.

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.

SEC. 5101. PROHIBITION OF DEMAND FOR BRIBE.

Section 201 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (2), by striking ‘‘and’’ at the end;

(B) in paragraph (3), by striking the period at the

end and inserting a semicolon; and

‘‘(4) the term ‘foreign official’ means—

‘‘(A)(i) any official or employee of a foreign government

or any department, agency, or instrumentality thereof; or

Deadlines.

38 USC 1101

note.

Public

information.

Reports.

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137 STAT. 932 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(ii) any senior foreign political figure, as defined in

section 1010.605 of title 31, Code of Federal Regulations,

or any successor regulation;

‘‘(B) any official or employee of a public international

organization;

‘‘(C) any person acting in an official capacity for or

on behalf of—

‘‘(i) a government, department, agency, or

instrumentality described in subparagraph (A)(i); or

‘‘(ii) a public international organization; or

‘‘(D) any person acting in an unofficial capacity for

or on behalf of—

‘‘(i) a government, department, agency, or

instrumentality described in subparagraph (A)(i); or

‘‘(ii) a public international organization; and

‘‘(5) the term ‘public international organization’ means—

‘‘(A) an organization that is designated by Executive

order pursuant to section 1 of the International Organiza-

tions Immunities Act (22 U.S.C. 288); or

‘‘(B) any other international organization that is des-

ignated by the President by Executive order for the pur-

poses of this section, effective as of the date of publication

of such order in the Federal Register.’’; and

(2) by adding at the end the following:

‘‘(f) P

ROHIBITION OF

EMAND FOR A

RIBE

.—

‘‘(1) O

FFENSE

.—It shall be unlawful for any foreign official

or person selected to be a foreign official to corruptly demand,

seek, receive, accept, or agree to receive or accept, directly

or indirectly, anything of value personally or for any other

person or nongovernmental entity, by making use of the mails

or any means or instrumentality of interstate commerce, from

any person (as defined in section 104A of the Foreign Corrupt

Practices Act of 1977 (15 U.S.C. 78dd–3), except that that

definition shall be applied without regard to whether the person

is an offender) while in the territory of the United States,

from an issuer (as defined in section 3(a) of the Securities

Exchange Act of 1934 (15 U.S.C. 78c(a))), or from a domestic

concern (as defined in section 104 of the Foreign Corrupt Prac-

tices Act of 1977 (15 U.S.C. 78dd–2)), in return for—

‘‘(A) being influenced in the performance of any official

act;

‘‘(B) being induced to do or omit to do any act in

violation of the official duty of such foreign official or per-

son; or

‘‘(C) conferring any improper advantage,

in connection with obtaining or retaining business for or with,

or directing business to, any person.

‘‘(2) P

ENALTIES

.—Any person who violates paragraph (1)

shall be fined not more than $250,000 or 3 times the monetary

equivalent of the thing of value, imprisoned for not more than

15 years, or both.

‘‘(3) J

URISDICTION

.—An offense under paragraph (1) shall

be subject to extraterritorial Federal jurisdiction.

‘‘(4) R

EPORT

.—Not later than 1 year after the date of enact-

ment of the Foreign Extortion Prevention Act, and annually

thereafter, the Attorney General, in consultation with the Sec-

retary of State as relevant, shall submit to the Committee

Public

information.

Web posting.

Applicability.

Designation.

President.

Effective date.

Definition.

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137 STAT. 933 PUBLIC LAW 118–31—DEC. 22, 2023

on the Judiciary and the Committee on Foreign Relations of

the Senate and the Committee on the Judiciary and the Com-

mittee on Foreign Affairs of the House of Representatives,

and post on the publicly available website of the Department

of Justice, a report—

‘‘(A) focusing, in part, on demands by foreign officials

for bribes from entities domiciled or incorporated in the

United States, and the efforts of foreign governments to

prosecute such cases;

‘‘(B) addressing United States diplomatic efforts to pro-

tect entities domiciled or incorporated in the United States

from foreign bribery, and the effectiveness of those efforts

in protecting such entities;

‘‘(C) summarizing major actions taken under this sec-

tion in the previous year, including enforcement actions

taken and penalties imposed;

‘‘(D) evaluating the effectiveness of the Department

of Justice in enforcing this section; and

‘‘(E) detailing what resources or legislative action the

Department of Justice needs to ensure adequate enforce-

ment of this section.

‘‘(5) R

ULE OF CONSTRUCTION

.—This subsection shall not

be construed as encompassing conduct that would violate sec-

tion 30A of the Securities Exchange Act of 1934 (15 U.S.C.

78dd–1) or section 104 or 104A of the Foreign Corrupt Practices

Act of 1977 (15 U.S.C. 78dd–2; 15 U.S.C. 78dd–3) whether

pursuant to a theory of direct liability, conspiracy, complicity,

or otherwise.’’.

SEC. 5102. PREVENTING CHILD SEX ABUSE.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Preventing

Child Sex Abuse Act of 2023’’.

(b) S

ENSE OF

ONGRESS

.—The sense of Congress is the fol-

lowing:

(1) The safety of children should be a top priority for

public officials and communities in the United States.

(2) According to the Rape, Abuse & Incest National Net-

work, an individual in the United States is sexually assaulted

every 68 seconds. And every 9 minutes, that victim is a child.

Meanwhile, only 25 out of every 1,000 perpetrators will end

up in prison.

(3) The effects of child sexual abuse can be long-lasting

and affect the victim’s mental health.

(4) Victims are more likely than non-victims to experience

the following mental health challenges:

(A) Victims are about 4 times more likely to develop

symptoms of drug abuse.

(B) Victims are about 4 times more likely to experience

post-traumatic stress disorder as adults.

a major depressive episode as adults.

(5) The criminal justice system should and has acted as

an important line of defense to protect children and hold per-

petrators accountable.

(6) However, the horrific crimes perpetuated by Larry

Nassar demonstrate firsthand the loopholes that still exist in

the criminal justice system. While Larry Nassar was found

Larry Nassar.

18 USC 2423

note.

18 USC 1 note.

Preventing Child

Sex Abuse Act of

2023.

Evaluation.

Summary.

Time period.

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137 STAT. 934 PUBLIC LAW 118–31—DEC. 22, 2023

guilty of several State-level offenses, he was not charged feder-

ally for his illicit sexual contact with minors, despite crossing

State and international borders to commit this conduct.

(7) The Department of Justice has also identified a growing

trend of Americans who use charitable or missionary work

in a foreign country as a cover for sexual abuse of children.

(8) It is the intent of Congress to prohibit Americans from

engaging in sexual abuse or exploitation of minors under the

guise of work, including volunteer work, with an organization

that affects interstate or foreign commerce, such as an inter-

national charity.

(9) Federal law does not require that an abuser’s intention

to engage in sexual abuse be a primary, significant, dominant,

or motivating purpose of the travel.

(10) Child sexual abuse does not require physical contact

between the abuser and the child. This is especially true as

perpetrators turn increasingly to internet platforms, online chat

rooms, and webcams to commit child sexual abuse.

(11) However, a decision of the United States Court of

Appeals for the Seventh Circuit found the use of a webcam

to engage in sexually provocative activity with a minor did

not qualify as ‘‘sexual activity’’.

(12) Congress can address this issue by amending the defi-

nition of the term ‘‘sexual activity’’ to clarify that it does not

require interpersonal, physical contact.

(13) It is the duty of Congress to provide clearer guidance

to ensure that those who commit crimes against children are

prosecuted to the fullest extent of the law.

NTERSTATE

HILD

EXUAL

BUSE

.—Section 2423 of title

18, United States Code, is amended—

(1) in subsection (b), by striking ‘‘with a motivating purpose

of engaging in any illicit sexual conduct with another person’’

and inserting ‘‘with intent to engage in any illicit sexual conduct

with another person’’;

(2) by redesignating subsections (d), (e), (f), and (g) as

subsections (e), (f), (g), and (i), respectively;

(3) in subsection (e), as so redesignated, by striking ‘‘with

a motivating purpose of engaging in any illicit sexual conduct’’

and inserting ‘‘with intent to engage in any illicit sexual con-

duct’’; and

(4) by inserting after subsection (g), as so redesignated,

the following:

‘‘(h) R

ULE OF

ONSTRUCTION

.—As used in this section, the

term ‘intent’ shall be construed as any intention to engage in

prostitution, sexual activity for which any person can be charged

with a criminal offense, or illicit sexual conduct, as applicable,

at the time of the transportation or travel.’’.

(d) A

BUSE

NDER THE

UISE OF

HARITY

.—Section 2423 of

title 18, United States Code, as amended by subsection (c) of this

section, is amended—

(1) by inserting after subsection (c) the following:

‘‘(d) I

LLICIT

EXUAL

ONDUCT IN

ONNECTION

ITH

ERTAIN

RGANIZATIONS

.—Any citizen of the United States or alien admitted

for permanent residence who—

‘‘(1) is an officer, director, employee, or agent of an

organization that affects interstate or foreign commerce;

Penalties.

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137 STAT. 935 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) makes use of the mails or any means or instrumentality

of interstate or foreign commerce through the connection or

affiliation of the person with such organization; and

‘‘(3) commits an act in furtherance of illicit sexual conduct

through the connection or affiliation of the person with such

organization,

shall be fined under this title, imprisoned for not more than 30

years, or both.’’;

(2) in subsection (f), as so redesignated, by striking ‘‘or

(d)’’ and inserting ‘‘(d), or (e)’’; and

(3) in subsection (i), as so redesignated, by striking ‘‘(f)(2)’’

and inserting ‘‘(g)(2)’’.

(e) S

EXUAL

CTIVITY

ITH

INORS

.—Section 2427 of title 18,

United States Code, is amended by inserting ‘‘does not require

interpersonal physical contact, and’’ before ‘‘includes’’.

SEC. 5103. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL

CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS,

INCORPORATED.

(a) I

ENERAL

.—Part B of subtitle II of title 36, United States

Code, is amended by inserting after chapter 1503 the following:

‘‘CHAPTER 1504—NATIONAL AMERICAN INDIAN

VETERANS, INCORPORATED

‘‘Sec.

‘‘150401. Organization.

‘‘150402. Purposes.

‘‘150403. Membership.

‘‘150404. Board of directors.

‘‘150405. Officers.

‘‘150406. Nondiscrimination.

‘‘150407. Powers.

‘‘150408. Exclusive right to name, seals, emblems, and badges.

‘‘150409. Restrictions.

‘‘150410. Duty to maintain tax-exempt status.

‘‘150411. Records and inspection.

‘‘150412. Service of process.

‘‘150413. Liability for acts of officers and agents.

‘‘150414. Failure to comply with requirements.

‘‘150415. Annual report.

‘‘§ 150401 Organization

‘‘The National American Indian Veterans, Incorporated, a non-

profit corporation organized in the United States (referred to in

this chapter as the ‘corporation’), is a federally chartered corpora-

tion.

‘‘§ 150402. Purposes

‘‘The purposes of the corporation are those stated in the articles

of incorporation, constitution, and bylaws of the corporation, and

include a commitment—

‘‘(1) to uphold and defend the Constitution of the United

States while respecting the sovereignty of the American Indian

Nations;

‘‘(2) to unite under one body all American Indian veterans

who served in the Armed Forces of United States;

‘‘(3) to be an advocate on behalf of all American Indian

veterans without regard to whether they served during times

of peace, conflict, or war;

36 USC 150402.

36 USC 150401.

36 USC

prec. 150401.

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137 STAT. 936 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(4) to promote social welfare (including educational, eco-

nomic, social, physical, and cultural values and traditional

healing) in the United States by encouraging the growth and

development, readjustment, self-respect, self-confidence, con-

tributions, and self-identity of American Indian veterans;

‘‘(5) to serve as an advocate for the needs of American

Indian veterans and their families and survivors in their

dealings with all Federal and State government agencies;

‘‘(6) to promote, support, and utilize research, on a non-

partisan basis, pertaining to the relationship between American

Indian veterans and American society; and

‘‘(7) to provide technical assistance to the Bureau of Indian

Affairs regional areas that are not served by any veterans

committee or organization or program by—

‘‘(A) providing outreach service to Indian Tribes in

need; and

‘‘(B) training and educating Tribal Veterans Service

Officers for Indian Tribes in need.

‘‘§ 150403. Membership

‘‘Subject to section 150406, eligibility for membership in the

corporation, and the rights and privileges of members, shall be

as provided in the constitution and bylaws of the corporation.

‘‘§ 150404. Board of directors

‘‘Subject to section 150406, the board of directors of the corpora-

tion, and the responsibilities of the board, shall be as provided

in the constitution and bylaws of the corporation and in conformity

with the laws under which the corporation is incorporated.

‘‘§ 150405. Officers

‘‘Subject to section 150406, the officers of the corporation, and

the election of such officers, shall be as provided in the constitution

and bylaws of the corporation and in conformity with the laws

of the jurisdiction under which the corporation is incorporated.

‘‘§ 150406. Nondiscrimination

‘‘In establishing the conditions of membership in the corpora-

tion, and in determining the requirements for serving on the board

of directors or as an officer of the corporation, the corporation

may not discriminate on the basis of race, color, religion, sex,

national origin, handicap, or age.

‘‘§ 150407. Powers

‘‘The corporation shall have only those powers granted the

corporation through its articles of incorporation, constitution, and

bylaws, which shall conform to the laws of the jurisdiction under

which the corporation is incorporated.

‘‘§ 150408. Exclusive right to name, seals, emblems, and

badges

‘‘(a) I

ENERAL

.—The corporation shall have the sole and

exclusive right to use the names ‘National American Indian Vet-

erans, Incorporated’ and ‘National American Indian Veterans’, and

such seals, emblems, and badges as the corporation may lawfully

adopt.

36 USC 150408.

36 USC 150407.

36 USC 150406.

36 USC 150405.

36 USC 150404.

36 USC 150403.

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137 STAT. 937 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(b) E

FFECT

.—Nothing in this section interferes or conflicts

with any established or vested rights.

‘‘§ 150409. Restrictions

‘‘(a) S

TOCK AND

IVIDENDS

.—The corporation may not—

‘‘(1) issue any shares of stock; or

‘‘(2) declare or pay any dividends.

‘‘(b) D

ISTRIBUTION OF

NCOME OR

SSETS

.—

‘‘(1) I

N GENERAL

.—The income or assets of the corporation

may not—

‘‘(A) inure to any person who is a member, officer,

or director of the corporation; or

‘‘(B) be distributed to any such person during the life

of the charter granted by this chapter.

‘‘(2) E

FFECT

.—Nothing in this subsection prevents the pay-

ment of reasonable compensation to the officers of the corpora-

tion, or reimbursement for actual and necessary expenses, in

amounts approved by the board of directors.

‘‘(c) L

OANS

.—The corporation may not make any loan to any

officer, director, member, or employee of the corporation.

‘‘(d) N

EDERAL

NDORSEMENT

.—The corporation may not

claim congressional approval or Federal Government authority by

virtue of the charter granted by this chapter for any of the activities

of the corporation.

‘‘§ 150410. Duty to maintain tax-exempt status

‘‘The corporation shall maintain its status as an organization

exempt from taxation under the Internal Revenue Code of 1986.

‘‘§ 150411. Records and inspection

‘‘(a) R

ECORDS

.—The corporation shall keep—

‘‘(1) correct and complete books and records of accounts;

‘‘(2) minutes of any proceeding of the corporation involving

any member of the corporation, the board of directors, or any

committee having authority under the board of directors; and

‘‘(3) at the principal office of the corporation, a record

of the names and addresses of all members of the corporation

having the right to vote.

‘‘(b) I

NSPECTION

.—

‘‘(1) I

N GENERAL

.—All books and records of the corporation

may be inspected by any member having the right to vote,

or by any agent or attorney of such a member, for any proper

purpose, at any reasonable time.

‘‘(2) E

FFECT

.—Nothing in this section contravenes—

‘‘(A) the laws of the jurisdiction under which the cor-

poration is incorporated; or

‘‘(B) the laws of those jurisdictions within the United

States and its territories within which the corporation car-

ries out activities in furtherance of the purposes of the

corporation.

‘‘§ 150412. Service of process

‘‘With respect to service of process, the corporation shall comply

with the laws of—

‘‘(1) the jurisdiction under which the corporation is incor-

porated; and

Compliance.

36 USC 150412.

36 USC 150411.

36 USC 150410.

36 USC 150409.

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137 STAT. 938 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) those jurisdictions within the United States and its

territories within which the corporation carries out activities

in furtherance of the purposes of the corporation.

‘‘§ 150413. Liability for acts of officers and agents

‘‘The corporation shall be liable for the acts of the officers

and agents of the corporation acting within the scope of their

authority.

‘‘§ 150414. Failure to comply with requirements

‘‘If the corporation fails to comply with any of the requirements

of this chapter, including the requirement under section 150410

to maintain its status as an organization exempt from taxation,

the charter granted by this chapter shall expire.

‘‘§ 150415. Annual report

‘‘(a) I

ENERAL

.—The corporation shall submit to Congress

an annual report describing the activities of the corporation during

the preceding fiscal year.

‘‘(b) S

UBMITTAL

ATE

.—Each annual report under this section

shall be submitted at the same time as the report of the audit

of the corporation required by section 10101(b).

‘‘(c) R

EPORT

UBLIC

OCUMENT

.—No annual report under

this section shall be printed as a public document.’’.

(b) C

LERICAL

MENDMENT

.—The table of chapters for subtitle

II of title 36, United States Code, is amended by inserting after

the item relating to chapter 1503 the following:

‘‘1504. National American Indian Veterans, Incorporated .................................150401’’.

SEC. 5104. VISA AVAILABILITY FOR GOVERNMENT EMPLOYEE

IMMIGRANT VISA PROGRAM.

(a) I

ENERAL

.—Beginning in fiscal year 2024, subject to

subsection (b), visas shall be made available to a special immigrant

described in section 101(a)(27)(D) of the Immigration and Nation-

ality Act (8 U.S.C. 1101(a)(27)(D)) if a visa is not immediately

available for issuance to the special immigrant under section

203(b)(4) of that Act (8 U.S.C. 1153(b)(4)).

(b) N

UMERICAL

IMITATIONS

.—

(1) F

ISCAL YEAR 2024

.—For fiscal year 2024, not more than

3,500 visas shall be made available under subsection (a).

(2) S

UBSEQUENT FISCAL YEARS

.—For fiscal year 2025 and

each fiscal year thereafter, not more than 3,000 visas shall

be made available under subsection (a).

EMPORARY

EDUCTION IN

IVERSITY

ISAS

.—Section

203(d)(2) of the Nicaraguan Adjustment and Central America Relief

Act (8 U.S.C. 1151 note; Public Law 105–100) is amended—

(1) by amending paragraph (2) to read as follows:

‘‘(2) In no case shall the reduction under paragraph (1)

for a fiscal year exceed the amount by which—

‘‘(A) the sum of—

‘‘(i) one-half of the total number of individuals

described in subclauses (I), (II), (III), and (IV) of section

309(c)(5)(C)(i) of the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996 (8 U.S.C. 1101

note; Public Law 104–208) who have adjusted their

status to that of aliens lawfully admitted for permanent

residence under section 202 of the Nicaraguan Adjust-

ment and Central American Relief Act (Public Law

Time periods.

Effective date.

8 USC 1153 note.

36 USC

prec. 101.

36 USC 150415.

36 USC 150414.

36 USC 150413.

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137 STAT. 939 PUBLIC LAW 118–31—DEC. 22, 2023

105–100; 8 U.S.C. 1255 note) as of the end of the

previous fiscal year; and

‘‘(ii) the total number of individuals described in

section 101(a)(27)(D) of the Immigration and Nation-

ality Act (8 U.S.C. 1101(a)(27)(D)) for whom visas shall

have been made available under section 5104 of the

National Defense Authorization Act for Fiscal Year

2024 as of the end of the previous fiscal year; exceeds

‘‘(B) the total of the reductions in available visas under

this subsection for all previous fiscal years.’’; and

(2) by adding at the end the following:

‘‘(3)(A) Paragraph (1) shall not apply in a fiscal year fol-

lowing a fiscal year for which the sum calculated under para-

graph (2)(A), minus the number in paragraph (2)(B), is zero.

‘‘(B) Nothing in this paragraph may be construed—

‘‘(i) to repeal, modify, or render permanently inappli-

cable paragraph (1); or

‘‘(ii) to prevent the offsetting of the number of visas

described in that paragraph for the purpose of providing

visa availability for aliens described in section 5104 of

the National Defense Authorization Act for Fiscal Year

2024.

‘‘(4) In the event that the number of visas available for

a fiscal year under section 201(e) of the Immigration and

Nationality Act (8 U.S.C. 1151(e)) is reduced to a number

fewer than 50,000, not fewer than 3,000 of such visas shall

be made available for individuals described in section 5104

of the National Defense Authorization Act for Fiscal Year

2024.’’.

(d) R

ULE OF

ONSTRUCTION

.—Nothing in this section or the

amendments made by this section may be construed to modify

the number of visas available under section 203(b)(4) of the

Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) to special

immigrants described in section 101(a)(27)(D) of that Act (8 U.S.C.

1101(a)(27)(D)).

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.

SEC. 5201. ESTABLISHMENT OF HIGHER RATES OF REGULARLY SCHED-

ULED OVERTIME PAY FOR UNITED STATES BORDER

PATROL AGENTS CLASSIFIED AT GS–12.

Section 5550 of title 5, United States Code, is amended by

adding at the end the following:

‘‘(h) S

PECIAL

VERTIME

AY FOR

GS–12 B

ORDER

ATROL

GENTS

.—

‘‘(1) I

N GENERAL

.—Notwithstanding paragraphs (1)(F),

(2)(C), and (3)(C) of subsection (b), a border patrol agent encum-

bering a position at grade GS–12 shall receive a special over-

time payment under this subsection for hours of regularly

scheduled work described in paragraph (2)(A)(ii) or (3)(A)(ii)

of subsection (b), as applicable, that are credited to the agent

through actual performance of work, crediting under rules for

8 USC 1153 note.

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137 STAT. 940 PUBLIC LAW 118–31—DEC. 22, 2023

canine agents under subsection (b)(1)(F), or substitution of over-

time hours in the same work period under subsection (f)(2)(A),

except that no such payment may be made for periods of

absence resulting in an hours obligation under paragraph (3)

or (4) of subsection (f).

‘‘(2) C

OMPUTATION

.—The special overtime payment author-

ized under paragraph (1) shall be computed by multiplying

the credited hours by 50 percent of the border patrol agent’s

hourly rate of basic pay, rounded to the nearest cent.

‘‘(3) L

IMITATIONS

.—The special overtime payment author-

ized under paragraph (1)—

‘‘(A) is not considered basic pay for retirement under

section 8331(3) or 8401(4) or for any other purpose;

‘‘(B) is not payable during periods of paid leave or

other paid time off; and

‘‘(C) is not considered in computing an agent’s lump-

sum annual leave payment under sections 5551 and 5552.’’.

TITLE LIII—FEDERAL DATA AND

INFORMATION SECURITY

Sec. 5301. Short title.

Sec. 5302. Federal Data Center Consolidation Initiative amendments.

SEC. 5301. SHORT TITLE.

This title may be cited as the ‘‘Federal Data Center Enhance-

ment Act of 2023’’.

SEC. 5302. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE

AMENDMENTS.

(a) F

INDINGS

.—Congress finds the following:

(1) The statutory authorization for the Federal Data Center

Optimization Initiative under section 834 of the Carl Levin

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization

Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law

113–291) expired at the end of fiscal year 2022.

(2) The expiration of the authorization described in para-

graph (1) presents Congress with an opportunity to review

the objectives of the Federal Data Center Optimization Initia-

tive to ensure that the initiative is meeting the current needs

of the Federal Government.

(3) The initial focus of the Federal Data Center Optimiza-

tion Initiative, which was to consolidate data centers and create

new efficiencies, has resulted in, since 2010—

(A) the consolidation of more than 6,000 Federal data

centers; and

(B) cost savings and avoidance of $5,800,000,000.

(4) The need of the Federal Government for access to

data and data processing systems has evolved since the date

of enactment in 2014 of subtitle D of title VIII of the Carl

Levin and Howard P. ‘‘Buck’’ McKeon National Defense

Authorization Act for Fiscal Year 2015.

(5) Federal agencies and employees involved in mission

critical functions increasingly need reliable access to secure,

reliable, and protected facilities to house mission critical data

and data operations to meet the immediate needs of the people

of the United States.

44 USC 3601

note.

44 USC 101 note.

Federal Data

Center

Enhancement

Act of 2023.

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137 STAT. 941 PUBLIC LAW 118–31—DEC. 22, 2023

(6) As of the date of enactment of this title, there is a

growing need for Federal agencies to use data centers and

cloud applications that meet high standards for cybersecurity,

resiliency, and availability.

(b) M

INIMUM

EQUIREMENTS FOR

ATA

ENTERS

.—Section

834 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National

Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601

note; Public Law 113–291) is amended—

(1) in subsection (a), by striking paragraphs (3) and (4)

and inserting the following:

‘‘(3) N

EW DATA CENTER

.—The term ‘new data center’

means—

‘‘(A)(i) a data center or a portion thereof that is owned,

operated, or maintained by a covered agency; or

‘‘(ii) to the extent practicable, a data center or portion

thereof—

‘‘(I) that is owned, operated, or maintained by a

contractor on behalf of a covered agency on the date

on which the contract between the covered agency and

the contractor expires; and

‘‘(II) with respect to which the covered agency

extends the contract, or enters into a new contract,

with the contractor; and

‘‘(B) on or after the date that is 180 days after the

date of enactment of the Federal Data Center Enhancement

Act of 2023, a data center or portion thereof that is—

‘‘(i) established; or

‘‘(ii) substantially upgraded or expanded.’’;

(2) by striking subsection (b) and inserting the following:

‘‘(b) M

INIMUM

EQUIREMENTS FOR

ATA

ENTERS

.—

‘‘(1) I

N GENERAL

.—Not later than 180 days after the date

of enactment of the Federal Data Center Enhancement Act

of 2023, the Administrator shall establish minimum require-

ments for new data centers in consultation with the Adminis-

trator of General Services and the Federal Chief Information

Officers Council.

‘‘(2) C

ONTENTS

.—

‘‘(A) I

N GENERAL

.—The minimum requirements estab-

lished under paragraph (1) shall include requirements

relating to—

‘‘(i) the availability of new data centers;

‘‘(ii) the use of new data centers, including costs

related to the facility, energy consumption, and related

infrastructure;

‘‘(iii) uptime percentage;

‘‘(iv) protections against power failures, including

on-site energy generation and access to multiple trans-

mission paths;

‘‘(v) protections against physical intrusions and

natural disasters;

‘‘(vi) information security protections required by

subchapter II of chapter 35 of title 44, United States

Code, and other applicable law and policy; and

‘‘(vii) any other requirements the Administrator

determines appropriate.

‘‘(B) C

ONSULTATION

.—In establishing the requirements

described in subparagraph (A)(vi), the Administrator shall

Deadline.

Effective date.

Definition.

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137 STAT. 942 PUBLIC LAW 118–31—DEC. 22, 2023

consult with the Director of the Cybersecurity and Infra-

structure Security Agency and the National Cyber Director.

‘‘(3) I

NCORPORATION OF MINIMUM REQUIREMENTS INTO CUR

RENT DATA CENTERS

.—As soon as practicable, and in any case

not later than 90 days after the Administrator establishes

the minimum requirements pursuant to paragraph (1), the

Administrator shall issue guidance to ensure, as appropriate,

that covered agencies incorporate the minimum requirements

established under that paragraph into the operations of any

data center of a covered agency existing as of the date of

enactment of the Federal Data Center Enhancement Act of

2023.

‘‘(4) R

EVIEW OF REQUIREMENTS

.—The Administrator, in con-

sultation with the Administrator of General Services and the

Federal Chief Information Officers Council, shall review,

update, and modify the minimum requirements established

under paragraph (1), as necessary.

‘‘(5) R

EPORT ON NEW DATA CENTERS

.—During the develop-

ment and planning lifecycle of a new data center, if the head

of a covered agency determines that the covered agency is

likely to make a management or financial decision relating

to any data center, the head of the covered agency shall—

‘‘(A) notify—

‘‘(i) the Administrator;

‘‘(ii) Committee on Homeland Security and Govern-

mental Affairs of the Senate; and

‘‘(iii) Committee on Oversight and Accountability

of the House of Representatives; and

‘‘(B) describe in the notification with sufficient detail

how the covered agency intends to comply with the min-

imum requirements established under paragraph (1).

‘‘(6) U

SE OF TECHNOLOGY

.—In determining whether to

establish or continue to operate an existing data center, the

head of a covered agency shall—

‘‘(A) regularly assess the application portfolio of the

covered agency and ensure that each at-risk legacy applica-

tion is updated, replaced, or modernized, as appropriate,

to take advantage of modern technologies; and

‘‘(B) prioritize and, to the greatest extent possible,

leverage commercial data center solutions, including hybrid

cloud, multi-cloud, co-location, interconnection, or cloud

computing (as defined in section 3607 of this Chapter)

rather than acquiring, overseeing, or managing custom

data center infrastructure.

‘‘(7) P

UBLIC WEBSITE

.—

‘‘(A) I

N GENERAL

.—The Administrator shall maintain

a public-facing website that includes information, data,

and explanatory statements relating to the compliance of

covered agencies with the requirements of this section.

‘‘(B) P

ROCESSES AND PROCEDURES

.—In maintaining the

website described in subparagraph (A), the Administrator

shall—

‘‘(i) ensure covered agencies regularly, and not less

frequently than biannually, update the information,

data, and explanatory statements posed on the website,

pursuant to guidance issued by the Administrator,

Time period.

Updates.

Assessment.

Determination.

Notification.

Determination.

Deadline.

Guidance.

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137 STAT. 943 PUBLIC LAW 118–31—DEC. 22, 2023

relating to any new data centers and, as appropriate,

each existing data center of the covered agency; and

‘‘(ii) ensure that all information, data, and explana-

tory statements on the website are maintained as open

Government data assets.’’; and

(3) in subsection (c), by striking paragraph (1) and inserting

the following:

‘‘(1) I

N GENERAL

.—The head of a covered agency shall over-

see and manage the data center portfolio and the information

technology strategy of the covered agency in accordance with

Federal cybersecurity guidelines and directives, including—

‘‘(A) information security standards and guidelines

promulgated by the Director of the National Institute of

Standards and Technology;

‘‘(B) applicable requirements and guidance issued by

the Director of the Office of Management and Budget

pursuant to section 3614 of title 44, United States Code;

and

‘‘(C) directives issued by the Secretary of Homeland

Security under section 3553 of title 44, United States

Code.’’.

XTENSION OF

UNSET

.—Section 834(e) of the Carl Levin

and Howard P. ‘‘Buck’’ McKeon National Defense Authorization

Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113–

291) is amended by striking ‘‘2022’’ and inserting ‘‘2026’’.

(d) G

EVIEW

.—Not later than 1 year after the date of

the enactment of this title, and annually thereafter, the Comptroller

General of the United States shall review, verify, and audit the

compliance of covered agencies with the minimum requirements

established pursuant to section 834(b)(1) of the Carl Levin and

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act

for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113–291)

for new data centers and subsection (b)(3) of that section for existing

data centers, as appropriate.

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.

Deadline.

Verification.

Audits.

44 USC 3601

note.

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137 STAT. 944 PUBLIC LAW 118–31—DEC. 22, 2023

Subtitle A—Combating Global Corruption

SEC. 5401. SHORT TITLE.

This subtitle may be cited as the ‘‘Combating Global Corruption

Act’’.

SEC. 5402. DEFINITIONS.

In this subtitle:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Foreign Relations, the Com-

mittee on Appropriations, the Committee on Banking,

Housing, and Urban Affairs, and the Committee on the

Judiciary of the Senate; and

(B) the Committee on Foreign Affairs, the Committee

on Appropriations, the Committee on Financial Services,

and the Committee on the Judiciary of the House of Rep-

resentatives.

(2) The term ‘‘corrupt actor’’ means—

(A) any foreign person or entity that is a government

official or government entity responsible for, or complicit

in, an act of corruption; and

(B) any company, in which a person or entity described

in subparagraph (A) has a significant stake, which is

responsible for, or complicit in, an act of corruption.

(3) The term ‘‘corruption’’ means the unlawful exercise

of entrusted public power for private gain, including by bribery,

nepotism, fraud, or embezzlement.

(4) The term ‘‘significant corruption’’ means corruption com-

mitted at a high level of government that has some or all

of the following characteristics:

(A) Illegitimately distorts major decision-making, such

as policy or resource determinations, or other fundamental

functions of governance.

(B) Involves economically or socially large-scale govern-

ment activities.

SEC. 5403. PUBLICATION AND PROVISION OF LISTS REGARDING

PROGRESS ON ANTI-CORRUPTION EFFORTS.

(a) P

UBLIC

IST

.—The Secretary of State shall publish annually,

on a publicly accessible website, a list of foreign countries where

the government is sustaining or making good progress on anti-

corruption efforts in accordance with the minimum standards set

forth in section 5404. Such list shall include a brief description

of each such country’s progress or justification for being on such

list.

(b) C

LASSIFIED

IST

.—The Secretary of State shall provide to

the appropriate congressional committees a classified list of coun-

tries where the government is making limited or no efforts to

comply with minimum standards set forth in section 5404, and

are not achieving meaningful progress on combating corruption.

Such list shall include a brief description of each country’s lack

of progress or justification for being on such list.

NNUAL

PDATE

.—The Secretary of State shall provide an

annual update in a classified setting to the appropriate congres-

sional committees on the United States Government’s efforts to

fight against corruption. This update should include an overview

Overview.

Time period.

Web posting.

22 USC 10502.

22 USC 10501.

22 USC 10501

note.

Combating

Global

Corruption Act.

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137 STAT. 945 PUBLIC LAW 118–31—DEC. 22, 2023

of the key obstacles to combating corruption and present near-

term and long-term strategies.

(d) I

MPLEMENTATION AND

IMING

.—

(1) D

EADLINE

.—The publication and submission of the lists

and the annual update required by subsections (a), (b), and

of the enactment of this Act, and annually thereafter for seven

years.

(2) R

EPORT ON METHODOLOGY

.—Not later than one year

after the date of the enactment of this Act, the Secretary

shall submit to the appropriate congressional committees a

report detailing the methodology developed to assign countries

to either the public list or the classified list and a proposed

budget for preparing the first set of lists during the subsequent

year.

(e) E

XCEPTION TO

UBLICATION

.—The Secretary may, in specific

instances where the Secretary determines the inclusion of specific

countries on the public list required by subsection (a) would not

be in the national interests of the United States, submit the

information required by subsection (a) about such specific countries

in a classified manner in writing to the appropriate congressional

committees, together with a justification for why publication would

not be in the national interest. The justification, if applicable,

shall be submitted the same date as the public list required by

subsection (a).

SEC. 5404. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUP-

TION AND ASSESSMENT OF EFFORTS TO COMBAT

CORRUPTION.

(a) I

ENERAL

.—The government of a country is complying

with the minimum standards for the elimination of corruption if

the government—

(1) has enacted and implemented laws and established

government structures, policies, and practices that prohibit

corruption, including significant corruption;

(2) enforces the laws described in paragraph (1) by pun-

ishing any person who is found, through a fair judicial process,

to have violated such laws;

(3) prescribes punishment for significant corruption that

is commensurate with the punishment prescribed for serious

crimes; and

(4) is making serious and sustained efforts to address

corruption, including through prevention.

(b) F

ACTORS FOR

SSESSING

OVERNMENT

FFORTS

OMBAT

ORRUPTION

.—In determining whether a government is making

serious and sustained efforts to address corruption, the Secretary

of State shall consider, to the extent relevant or appropriate, factors

such as—

(1) whether the government of the country has criminalized

corruption, investigates and prosecutes acts of corruption, and

convicts and sentences persons responsible for such acts over

which it has jurisdiction, including, as appropriate, incarcer-

ating individuals convicted of such acts;

(2) whether the government of the country vigorously inves-

tigates, prosecutes, convicts, and sentences public officials who

participate in or facilitate corruption, including nationals of

the country who are deployed in foreign military assignments,

Compliance.

Determinations.

22 USC 10503.

Determination.

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137 STAT. 946 PUBLIC LAW 118–31—DEC. 22, 2023

trade delegations abroad, or other similar missions, who engage

in or facilitate significant corruption;

(3) whether the government of the country has adopted

measures to prevent corruption, such as measures to inform

and educate the public, including potential victims, about the

causes and consequences of corruption;

(4) what steps the government of the country has taken

to prohibit government officials from participating in, facili-

tating, or condoning corruption, including the investigation,

prosecution, and conviction of such officials;

(5) the extent to which the country provides access, or,

as appropriate, makes adequate resources available, to civil

society organizations and other institutions to combat corrup-

tion, including reporting, investigating, and monitoring;

(6) whether an independent judiciary or judicial body in

the country is responsible for, and effectively capable of,

deciding corruption cases impartially, on the basis of facts

and in accordance with the law, without any improper restric-

tions, influences, inducements, pressures, threats, or inter-

ferences (direct or indirect);

(7) whether the government of the country is assisting

in international investigations of transnational corruption net-

works and in other cooperative efforts to combat significant

corruption, including, as appropriate, cooperating with the

governments of other countries to extradite corrupt actors;

(8) whether the government of the country recognizes the

rights of victims of corruption, ensures their access to justice,

and takes steps to prevent victims from being further victimized

or persecuted by corrupt actors, government officials, or others;

(9) whether the government of the country protects victims

of corruption or whistleblowers from reprisal due to such per-

sons having assisted in exposing corruption, and refrains from

other discriminatory treatment of such persons;

(10) whether the government of the country is willing and

able to recover and, as appropriate, return the proceeds of

corruption;

(11) whether the government of the country is taking steps

to implement financial transparency measures in line with

the Financial Action Task Force recommendations, including

due diligence and beneficial ownership transparency require-

ments;

(12) whether the government of the country is facilitating

corruption in other countries in connection with state-directed

investment, loans or grants for major infrastructure, or other

initiatives; and

(13) such other information relating to corruption as the

Secretary of State considers appropriate.

SSESSING

OVERNMENT

FFORTS TO

OMBAT

ORRUPTION

ELATION TO

ELEVANT

NTERNATIONAL

OMMITMENTS

.—In

determining whether a government is making serious and sustained

efforts to address corruption, the Secretary of State shall consider

the government of a country’s compliance with the following, as

relevant:

(1) The Inter-American Convention against Corruption of

the Organization of American States, done at Caracas March

29, 1996.

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137 STAT. 947 PUBLIC LAW 118–31—DEC. 22, 2023

(2) The Convention on Combating Bribery of Foreign Public

Officials in International Business Transactions of the

Organisation of Economic Co-operation and Development, done

at Paris December 21, 1997 (commonly referred to as the ‘‘Anti-

Bribery Convention’’).

(3) The United Nations Convention against Transnational

Organized Crime, done at New York November 15, 2000.

(4) The United Nations Convention against Corruption,

done at New York October 31, 2003.

(5) Such other treaties or conventions ratified by the United

States as the Secretary of State considers appropriate.

SEC. 5405. IMPOSITION OF SANCTIONS UNDER GLOBAL MAGNITSKY

HUMAN RIGHTS ACCOUNTABILITY ACT.

(a) I

ENERAL

.—The Secretary of State, in consultation with

the Secretary of the Treasury, should evaluate whether there are

foreign persons engaged in significant corruption for the purposes

of potential imposition of sanctions under the Global Magnitsky

Human Rights Accountability Act (subtitle F of title XII of Public

Law 114–328; 22 U.S.C. 10101 et seq.)—

(1) in all countries identified pursuant to section 5403(b);

and

(2) in relation to the planning or construction or any oper-

ation of the Nord Stream 2 pipeline.

(b) R

EPORT

EQUIRED

.—Not later than 180 days after providing

the list required by section 5403(b), and annually thereafter, the

Secretary of State shall submit to the appropriate congressional

committees a report that includes—

(1) a list of foreign persons with respect to which the

President imposed sanctions pursuant to the evaluation under

subsection (a);

(2) the dates on which such sanctions were imposed;

(3) the reasons for imposing such sanctions; and

(4) a list of all foreign persons that have engaged in signifi-

cant corruption in relation to the planning, construction, or

operation of the Nord Stream 2 pipeline.

ORM OF

EPORT

.—Each report required by subsection (b)

shall be submitted in unclassified form but may include a classified

annex.

(d) B

RIEFING IN

IEU OF

EPORT

.—The Secretary of State,

in consultation with the Secretary of the Treasury, may, instead

of submitting a written report required under subsection (b) (except

with respect to the list required by subsection (b)(4)), provide to

the appropriate congressional committees a briefing, together with

a written justification, if doing so would better serve the national

interests of the United States.

(e) T

ERMINATION OF

EQUIREMENTS

ELATING TO

ORD

TREAM

2.—The requirements under subsections (a)(2) and (b)(4) shall

terminate on the date that is 5 years after the date of the enactment

of this Act.

SEC. 5406. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF

CONTACT.

(a) I

ENERAL

.—The Secretary of State shall annually des-

ignate an anti-corruption point of contact at the United States

diplomatic post to each country identified pursuant to section

5403(b), or which the Secretary otherwise determines is in need

Time period.

Determination.

22 USC 10505.

Time period.

Lists.

Evaluation.

22 USC 10504.

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137 STAT. 948 PUBLIC LAW 118–31—DEC. 22, 2023

of such a point of contact. The point of contact shall be the chief

of mission or the chief of mission’s designee.

(b) R

ESPONSIBILITIES

.—Each anti-corruption point of contact

designated under subsection (a) shall be responsible for enhancing

coordination and promoting the implementation of a whole-of-

government approach among the relevant Federal departments and

agencies undertaking efforts to—

(1) promote good governance in foreign countries; and

(2) enhance the ability of such countries—

(A) to combat public corruption; and

(B) to develop and implement corruption risk assess-

ment tools and mitigation strategies.

RAINING

.—The Secretary of State shall implement appro-

priate training for anti-corruption points of contact designated

under subsection (a).

Subtitle B—Other Matters

SEC. 5411. GLOBAL COOPERATIVE FRAMEWORK TO END HUMAN

RIGHTS ABUSES IN SOURCING CRITICAL MINERALS.

(a) I

ENERAL

.—The Secretary of State shall seek to convene

a meeting of foreign leaders to establish a multilateral framework

to end human rights abuses, including the exploitation of forced

labor and child labor, related to the mining and sourcing of critical

minerals.

(b) I

MPLEMENTATION

EPORT

.—The Secretary shall lead the

development of an annual global report on the implementation

of the framework under subsection (a), including progress and rec-

ommendations to fully end human rights abuses, including the

exploitation of forced labor and child labor, related to the extraction

of critical minerals around the world.

ONSULTATIONS

.—The Secretary shall consult closely on a

timely basis with the following with respect to developing and

implementing the framework under subsection (a):

(1) The Forced Labor Enforcement Task Force established

under section 741 of the United States-Mexico-Canada Agree-

ment Implementation Act (19 U.S.C. 4681); and

(2) Congress.

(d) R

ELATIONSHIP TO

NITED

TATES

.—Nothing in the

framework under subsection (a) shall be construed—

(1) to amend or modify any law of the United States;

(2) to limit any authority conferred under any law of the

United States.

(e) E

XTRACTIVE

NDUSTRIES

RANSPARENCY

NITIATIVE AND

TAIN

ROVISIONS OF THE

ODD

-F

RANK

ALL

TREET

EFORM AND

ONSUMER

ROTECTION

.—Nothing in this section shall—

(1) affect the authority of the President to take any action

to join and subsequently comply with the terms and obligations

of the Extractive Industries Transparency Initiative (EITI); or

(2) affect section 1502 of the Dodd-Frank Wall Street

Reform and Consumer Protection Act (15 U.S.C. 78m note),

or subsection (q) of section 13 of the Securities Exchange Act

of 1934 (15 U.S.C. 78m), as added by section 1504 of the

Dodd-Frank Wall Street Reform and Consumer Protection Act

Recommenda-

tions.

22 USC 2656

note.

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137 STAT. 949 PUBLIC LAW 118–31—DEC. 22, 2023

(Public Law 111–203; 124 Stat. 2220), or any rule prescribed

under either such section.

(f) C

RITICAL

INERAL

EFINED

.—In this section, the term ‘‘crit-

ical mineral’’ has the meaning given the term in section 7002(a)

of the Energy Act of 2020 (30 U.S.C. 1606(a)).

SEC. 5412. CONNECTING OCEANIA’S NATIONS WITH VANGUARD EXER-

CISES AND NATIONAL EMPOWERMENT.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Connecting

Oceania’s Nations with Vanguard Exercises and National Empower-

ment Act of 2023’’ or the ‘‘CONVENE Act of 2023’’.

(b) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate committees of Congress’’ means—

(A) the Committee on Foreign Relations and the Select

Committee on Intelligence of the Senate;

(B) the Committee on Foreign Affairs and the Perma-

nent Select Committee on Intelligence of the House of

Representatives; and

(2) N

ATIONAL SECURITY COUNCIL

.—The term ‘‘national secu-

rity council’’ means, with respect to a specified country, an

intergovernmental body under the jurisdiction of the freely

elected government of the specified country that acts as the

primary coordinating entity for security cooperation, disaster

response, and the activities described in subsection (c)(5).

(3) S

PECIFIED COUNTRY

.—The term ‘‘specified country’’

means—

(A) the Federated States of Micronesia;

(B) the Republic of the Marshall Islands; and

ATIONAL

ECURITY

OUNCILS OF

PECIFIED

OUNTRIES

.—

(1) I

N GENERAL

.—The Secretary of State, in consultation

with other relevant Federal departments and agencies, as

appropriate, may consult and engage with each specified

country to advise and provide assistance to a national security

council (including by developing a national security council,

if appropriate), or to identify a similar coordinating body for

national security matters, comprised of citizens of the specified

country—

(A) that enables the specified country—

(i) to better coordinate with the United States

Government, including the Armed Forces, as appro-

priate;

(ii) to increase cohesion on activities, including

emergency humanitarian response, law enforcement,

and maritime security activities; and

(iii) to provide trained professionals to serve as

members of the committees of the specified country

established under the applicable Compact of Free

Association; and

(B) for the purpose of enhancing resilience capabilities

and protecting the people, infrastructure, and territory of

the specified country from malign actions.

(2) C

OMPOSITION

.—The Secretary of State, respecting the

unique needs of each specified country, may seek to ensure

that the national security council, or other identified coordi-

nating body, of the specified country is composed of sufficient

Connecting

Oceania’s

Nations with

Vanguard

Exercises and

National

Empowerment

Act of 2023.

48 USC 1974.

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137 STAT. 950 PUBLIC LAW 118–31—DEC. 22, 2023

staff and members to enable the activities described in para-

graph (5).

(3) S

TANDARDS FOR EQUIPMENT AND SERVICES

.—The Sec-

retary of State may work with the national security council,

or other identified coordinating body, of each specified country

to ensure that—

(A) the equipment and services used by the national

security council or other identified coordinating body are

compliant with security standards so as to minimize the

risk of cyberattacks or espionage;

(B) the national security council or other identified

coordinating body takes all reasonable efforts not to procure

or use systems, equipment, or software that originates

from any entity identified under section 1260H of the Wil-

liam M. (Mac) Thornberry National Defense Authorization

Act for Fiscal Year (10 U.S.C. 113 note); and

ices used by the national security council or other identified

coordinating body are interoperable with the equipment

and services used by the national security councils, or

other identified coordinating bodies, of the other specified

countries.

(4) R

EPORT ON IMPLEMENTATION

.—

(A) I

N GENERAL

.—Not later than 180 days after the

date of the enactment of this Act, and annually thereafter

for 2 years, the Secretary of State shall submit to the

appropriate committees of Congress a report that

includes—

(i) an assessment as to whether a national security

council or a similar formal coordinating body is helping

or would help achieve the objectives described in para-

graph (1) at acceptable financial and opportunity cost;

(ii) a description of all actions taken by the United

States Government to assist in the identification or

maintenance of a national security council, or other

identified coordinating body, in each specified country;

(iii) with respect to each specified country, an

assessment as to whether—

(I) the specified country has appropriately

staffed its national security council or other identi-

fied coordinating body; and

(II) the extent to which the national security

council, or other identified coordinating body, of

the specified country is capable of carrying out

the activities described in paragraph (5);

(iv) an assessment of—

(I) any challenge to cooperation and coordina-

tion with the national security council, or other

identified coordinating body, of any specified

country;

(II) current efforts by the Secretary of State

to coordinate with the specified countries on the

activities described in paragraph (5); and

(III) existing governmental entities within

each specified country that are capable of sup-

porting such activities;

Time periods.

Assessments.

Compliance.

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137 STAT. 951 PUBLIC LAW 118–31—DEC. 22, 2023

(v) a description of any challenge with respect

to—

(I) the implementation of the national security

council, or other identified coordinating body, of

any specified country; and

(II) the implementation of paragraphs (1)

through (3);

(vi) an assessment of any attempt or campaign

by a malign actor to influence the political, security,

or economic policy of a specified country, a member

of a national security council or other identified coordi-

nating body, or an immediate family member of such

a member; and

(vii) any other matter the Secretary of State con-

siders relevant.

(B) F

ORM

.—Each report required by subparagraph (A)

may be submitted in unclassified form and may include

a classified annex.

(5) A

CTIVITIES DESCRIBED

.—The activities described in this

subsection are the following homeland security activities:

(A) Coordination of—

(i) the prosecution and investigation of

transnational criminal enterprises;

(ii) responses to national emergencies, such as nat-

ural disasters;

(iii) counterintelligence and counter- coercion

responses to foreign threats; and

(iv) efforts to combat illegal, unreported, or unregu-

lated fishing.

(B) Coordination with United States Government offi-

cials on humanitarian response, military exercises, law

enforcement, and other issues of security concern.

governmental entity to support homeland defense and civil

support activities.

SEC. 5413. ENDING CHINA’S DEVELOPING NATION STATUS.

(a) F

INDING

; S

TATEMENT OF

OLICY

.—

(1) F

INDING

.—Congress finds that the People’s Republic

of China is still classified as a developing nation under multiple

treaties and international organization structures, even though

China has grown to be the second largest economy in the

world.

(2) S

TATEMENT OF POLICY

.—It is the policy of the United

States—

(A) to oppose the labeling or treatment of the People’s

Republic of China as a developing nation in current and

future treaty negotiations and in each international

organization of which the United States and the People’s

Republic of China are both current members;

(B) to pursue the labeling or treatment of the People’s

Republic of China as a developed nation in each inter-

national organization of which the United States and the

People’s Republic of China are both current members; and

States to implement the policies described in subpara-

graphs (A) and (B).

22 USC 6901

note.

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137 STAT. 952 PUBLIC LAW 118–31—DEC. 22, 2023

(b) D

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate committees of Congress’’ means—

(A) the Committee on Foreign Relations of the Senate

and the Committee on Foreign Affairs of the House of

Representatives with respect to subsection (c); and

(B) the Committee on Finance of the Senate and the

Committee on Ways and Means of the House of Representa-

tives with respect to subsection (d).

(2) The term ‘‘OECD’’ means the Organisation for Economic

Co-operation and Development.

(3) The term ‘‘Secretary’’ means the Secretary of State.

(4) The term ‘‘WTO’’ means the World Trade Organization.

UTIES OF THE

ECRETARY

.—

(1) R

EPORT ON DEVELOPMENT STATUS IN CURRENT TREATY

NEGOTIATIONS

.—Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit a report

to the appropriate committees of Congress that—

(A) identifies all current treaty negotiations in which—

(i) the proposed treaty would provide for different

treatment or standards for enforcement of the treaty

based on respective development status of the states

that are party to the treaty; and

(ii) the People’s Republic of China is actively

participating in the negotiations, or it is reasonably

foreseeable that the People’s Republic of China would

seek to become a party to the treaty; and

(B) for each treaty negotiation identified pursuant to

subparagraph (A), describes how the treaty under negotia-

tion would provide different treatment or standards for

enforcement of the treaty based on development status

of the states parties.

(2) R

EPORT ON DEVELOPMENT STATUS IN EXISTING ORGANIZA

TIONS AND TREATIES

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary shall submit a

report to the appropriate committees of Congress that—

(A) identifies all international organizations or treaties

of which the United States is a member, that provide

different treatment or standards for enforcement based

on the respective development status of the member states

or states parties;

(B) describes the mechanisms for changing the country

designation for each relevant treaty or organization; and

pursuant to subparagraph (A)—

(i) includes a list of countries that—

(I) are labeled as developing nations or receive

the benefits of a developing nation under the terms

of the organization or treaty; and

(II) meet the World Bank classification for

upper middle income or high-income countries; and

(ii) describes how the organization or treaty pro-

vides different treatment or standards for enforcement

based on development status of the member states

or states parties.

(3) M

ECHANISMS FOR CHANGING DEVELOPMENT STATUS

.—

(A) I

N GENERAL

.—In any international organization of

which the United States and the People’s Republic of China

List.

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137 STAT. 953 PUBLIC LAW 118–31—DEC. 22, 2023

are both current members, the Secretary, in consultation

with allies and partners of the United States, shall

pursue—

(i) changing the status of the People’s Republic

of China from developing nation to developed nation

if a mechanism exists in such organization to make

such status change; or

(ii) the development of a mechanism described in

clause (i) to change the status of the People’s Republic

of China in such organization from developing nation

to developed nation.

(B) W

AIVER

.—The President may waive the application

of clause (i) or (ii) of subparagraph (A) with respect to

any international organization if the President notifies the

appropriate committees of Congress that such a waiver

is in the national interests of the United States.

(4) E

XCEPTION

.—This subsection shall not apply to the

WTO or any treaty identified in subsection (d).

(d) D

UTIES OF THE

NITED

TATES

RADE

EPRESENTATIVE

.—

(1) R

EPORT ON SPECIAL AND DIFFERENTIAL TREATMENT AT

THE WORLD TRADE ORGANIZATION

.—Not later than 180 days

after the date of the enactment of this Act, the United States

Trade Representative shall submit a report to the appropriate

committees of Congress that—

(A) identifies each provision of a WTO agreement that

provides for special and differential treatment based on

the self-declared development status of WTO members,

including the People’s Republic of China;

(B) identifies—

(i) all current multilateral negotiations at the WTO

in which proposed negotiating text would provide for

special and differential treatment for WTO members;

and

(ii) all current plurilateral negotiations at the WTO

in which the People’s Republic of China is actively

participating, or it is reasonably foreseeable that the

People’s Republic of China would seek to become a

party to the agreement, in which proposed negotiating

text would provide for special and differential treat-

ment for WTO members;

graph (B), describes how the draft provisions as of the

date of the report would provide different treatment or

standards for enforcement based on the self-declared

development status of WTO members;

(D) includes a list of WTO members that—

(i) self-declare as developing country WTO mem-

bers;

(ii) meet the World Bank classification for upper

middle-income or high-income countries; and

(iii)(I) are members of, or applicants to, the OECD;

(II) account for not less than 0.5 percent of

global merchandise trade annually for each of the

most recently completed 5 calendar years; and

List.

President.

Notification.

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137 STAT. 954 PUBLIC LAW 118–31—DEC. 22, 2023

(E) describes how the WTO provides different treat-

ment or standards for enforcement based on the self-

declared development status of the WTO members.

(2) S

ENSE OF CONGRESS ON MECHANISMS FOR CHANGING

SPECIAL AND DIFFERENTIAL TREATMENT AT THE WORLD TRADE

ORGANIZATION

.—It is the sense of Congress that the United

States Trade Representative, in consultation with allies and

partners of the United States, should—

(A) oppose the use of special and differential treatment

by the People’s Republic of China at the WTO;

(B) work to preclude the People’s Republic of China

from being eligible to use special and differential treatment

in future WTO agreements; and

tive criteria, for determining each country’s eligibility for

special and differential treatment in current and future

WTO negotiations, consistent with subparagraphs (A) and

(B).

SEC. 5414. PERMITTING FOR INTERNATIONAL BRIDGES.

The International Bridge Act of 1972 (33 U.S.C. 535 et seq.)

is amended by inserting after section 5 the following:

‘‘SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES.

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) E

LIGIBLE APPLICANT

.—The term ‘eligible applicant’

means an entity that has submitted an application for a Presi-

dential permit during the period beginning on December 1,

2020, and ending on December 31, 2024, for any of the fol-

lowing:

‘‘(A) 1 or more international bridges in Webb County,

Texas.

‘‘(B) An international bridge in Cameron County,

Texas.

‘‘(C) An international bridge in Maverick County,

Texas.

‘‘(2) P

RESIDENTIAL PERMIT

.—

‘‘(A) I

N GENERAL

.—The term ‘Presidential permit’

means—

‘‘(i) an approval by the President to construct,

maintain, and operate an international bridge under

section 4; or

‘‘(ii) an approval by the President to construct,

maintain, and operate an international bridge pursu-

ant to a process described in Executive Order 13867

(84 Fed. Reg. 15491; relating to Issuance of Permits

With Respect to Facilities and Land Transportation

Crossings at the International Boundaries of the

United States) (or any successor Executive Order).

‘‘(B) I

NCLUSION

.—The term ‘Presidential permit’

includes an amendment to an approval described in clause

(i) or (ii) of subparagraph (A).

‘‘(3) S

ECRETARY

.—The term ‘Secretary’ means the Secretary

of State.

‘‘(b) A

PPLICATION

.—An eligible applicant for a Presidential

permit to construct, maintain, and operate an international bridge

shall submit an application for the permit to the Secretary.

‘‘(c) R

ECOMMENDATION

.—

Time period.

Texas.

33 USC 535d.

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137 STAT. 955 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) I

N GENERAL

.—Not later than 60 days after the date

on which the Secretary receives an application under subsection

(b), the Secretary shall make a recommendation to the Presi-

dent—

‘‘(A) to grant the Presidential permit; or

‘‘(B) to deny the Presidential permit.

‘‘(2) C

ONSIDERATION

.—The basis for a recommendation

under paragraph (1) shall be whether the international bridge

is in the foreign policy interests of the United States.

‘‘(d) P

RESIDENTIAL

CTION

.—

‘‘(1) I

N GENERAL

.—The President shall grant or deny the

Presidential permit for an application under subsection (b) by

not later than 60 days after the earlier of—

‘‘(A) the date on which the Secretary makes a rec-

ommendation under subsection (c)(1); and

‘‘(B) the date on which the Secretary is required to

make a recommendation under subsection (c)(1).

‘‘(2) N

O ACTION

.—

‘‘(A) I

N GENERAL

.—Subject to subparagraph (B), if the

President does not grant or deny the Presidential permit

for an application under subsection (b) by the deadline

described in paragraph (1), the Presidential permit shall

be considered to have been granted as of that deadline.

‘‘(B) R

EQUIREMENT

.—As a condition on a Presidential

permit considered to be granted under subparagraph (A),

the eligible applicant shall complete all applicable environ-

mental documents required pursuant to Public Law 91–

190 (42 U.S.C. 4321 et seq.).

‘‘(e) D

OCUMENT

EQUIREMENTS

.—Notwithstanding any other

provision of law, the Secretary shall not require an eligible applicant

for a Presidential permit—

‘‘(1) to include in the application under subsection (b)

environmental documents prepared pursuant to Public Law

91–190 (42 U.S.C. 4321 et seq.); or

‘‘(2) to have completed any environmental review under

Public Law 91–190 (42 U.S.C. 4321 et seq.) prior to the Presi-

dent granting a Presidential permit under subsection (d).

‘‘(f) R

ULES OF

ONSTRUCTION

.—Nothing in this section—

‘‘(1) prohibits the President from granting a Presidential

permit conditioned on the eligible applicant completing all

environmental documents pursuant to Public Law 91–190 (42

U.S.C. 4321 et seq.) and complying with relevant laws;

‘‘(2) prohibits the Secretary from requesting a list of all

permits and approvals from Federal, State, and local agencies

that the eligible applicant believes are required in connection

with the international bridge, or a brief description of how

those permits and approvals will be acquired prior to making

a recommendation to the President;

‘‘(3) exempts an eligible applicant from the requirement

to complete all environmental documents pursuant to Public

Law 91–190 (42 U.S.C. 4321 et seq.) prior to construction

of an international bridge; or

‘‘(4) exempts an eligible applicant from complying with

Public Law 91–190 (42 U.S.C. 4321 et seq.) or any other law.’’.

Deadline.

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137 STAT. 956 PUBLIC LAW 118–31—DEC. 22, 2023

TITLE LV—EDUCATION AND

WORKFORCE MATTERS

Sec. 5501. Amendments to the Energy Employees Occupational Illness Compensa-

tion Program Act of 2000.

SEC. 5501. AMENDMENTS TO THE ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION PROGRAM ACT OF 2000.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Beryllium

Testing Fairness Act’’.

(b) M

ODIFICATION OF

EMONSTRATION OF

ERYLLIUM

ENSI

TIVITY

.—Section 3621(8)(A) of the Energy Employees Occupational

Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(8)(A))

is amended—

(1) by striking ‘‘established by an abnormal’’ and inserting

the following: ‘‘established by—

‘‘(i) an abnormal’’;

(2) by striking the period at the end and inserting ‘‘; or’’;

and

(3) by adding at the end the following:

‘‘(ii) three borderline beryllium lymphocyte pro-

liferation tests performed on blood cells over a period

of 3 years.’’.

XTENSION OF

DVISORY

OARD ON

OXIC

UBSTANCES AND

ORKER

EALTH

.—Section 3687(j) of the Energy Employees

Occupational Illness Compensation Program Act of 2000 (42 U.S.C.

7385s-16(j)) is amended by striking ‘‘10 years’’ and inserting ‘‘15

years’’.

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.

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.

Subsections (a) and (c)(2)(B) of section 10003 of the William

M. (Mac) Thornberry National Defense Authorization Act for Fiscal

Year 2021 (Public Law 116–283; 134 Stat. 4864) are each amended

by striking ‘‘2023’’ and inserting ‘‘2024’’.

SEC. 5602. NOGALES WASTEWATER IMPROVEMENT.

(a) A

MENDMENT TO THE

CT OF

ULY

27, 1953.—The first

section of the Act of July 27, 1953 (67 Stat. 195, chapter 242;

22 U.S.C. 277d–10), is amended by striking the period at the

end and inserting ‘‘: Provided further, That such equitable propor-

tion shall consist only of the costs directly associated with the

treatment and conveyance of the wastewater of the city and, to

the extent practicable, shall not include any costs directly associated

with the quality or quantity of wastewater originating in Mexico.’’.

(b) N

OGALES

ANITATION

ROJECT

.—

22 USC 277d–10

note.

Arizona.

Mexico.

42 USC 7384

note.

Beryllium

Testing Fairness

Act.

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137 STAT. 957 PUBLIC LAW 118–31—DEC. 22, 2023

(1) D

EFINITIONS

.—In this subsection:

(A) C

ITY

.—The term ‘‘City’’ means the City of Nogales,

Arizona.

(B) C

OMMISSION

.—The term ‘‘Commission’’ means the

United States Section of the International Boundary and

Water Commission.

NTERNATIONAL OUTFALL INTERCEPTOR

.—The term

‘‘International Outfall Interceptor’’ means the pipeline that

conveys wastewater from the United States-Mexico border

to the Nogales International Wastewater Treatment Plant.

(D) N

OGALES INTERNATIONAL WASTEWATER TREATMENT

PLANT

.—The term ‘‘Nogales International Wastewater

Treatment Plant’’ means the wastewater treatment plant

that—

(i) is operated by the Commission;

(ii) is located in Rio Rico, Santa Cruz County,

Arizona, after manhole 99; and

(iii) treats wastewater originating from—

(I) Nogales, Sonora, Mexico; and

(II) Nogales, Arizona.

(E) N

OGALES SANITATION PROJECT

.—The term ‘‘Nogales

sanitation project’’ means—

(i) the International Outfall Interceptor; and

(ii) the Nogales International Wastewater Treat-

ment Plant.

(2) O

WNERSHIP AND CONTROL

.—

(A) I

N GENERAL

.—The Commission shall assume full

ownership and control of the International Outfall Inter-

ceptor on the date on which—

(i) the City has conveyed, without consideration,

all right, title, and interest of the City in the Inter-

national Outfall Interceptor to the Commission;

(ii) all memoranda and agreements necessary for

the Commission to operate and maintain the Inter-

national Outfall Interceptor, as described in subpara-

graph (B), have been entered into; and

(iii) a total of $12,500,000 has been appropriated

pursuant to paragraph (3) or otherwise secured by

the Commission for use in carrying out such paragraph.

(B) A

GREEMENTS

.—In accordance with the Act of July

27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10

et seq.), as amended by this section, the Commission shall,

with respect to each applicable governing body in the State

of Arizona, including the City, seek to enter into—

(i) a memorandum of understanding granting to

the Commission access to existing easements for a

right of entry to the International Outfall Interceptor

for the life of the International Outfall Interceptor;

(ii) an agreement with respect to the flows entering

the International Outfall Interceptor that are con-

trolled by the City; and

(iii) an agreement to work in good faith to expedi-

tiously enter into such other agreements as are nec-

essary for the Commission to operate and maintain

the International Outfall Interceptor.

(3) O

PERATION AND MAINTENANCE

.—

Memorandum.

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137 STAT. 958 PUBLIC LAW 118–31—DEC. 22, 2023

(A) I

N GENERAL

.—Beginning on the date on which the

Commission assumes full ownership and control of the

International Outfall Interceptor under paragraph (2), the

Commission shall carry out the operation and maintenance

of the International Outfall Interceptor.

(B) A

UTHORIZATION OF APPROPRIATIONS

.—There are

authorized to be appropriated to the Commission to carry

out this paragraph $12,500,000 for the period of fiscal

years 2025 through 2029, to remain available until

expended.

(4) D

EBRIS SCREEN

.—

(A) D

EBRIS SCREEN REQUIRED

.—

(i) I

N GENERAL

.—The Commission shall construct,

operate, and maintain a debris screen, in coordination

with other relevant Federal agencies, at manhole 1

of the International Outfall Interceptor for intercepting

debris and drug bundles coming to the United States

from Nogales, Sonora, Mexico.

(ii) R

EQUIREMENT

.—The Commission and the

Commissioner of U.S. Customs and Border Protection

shall coordinate the construction, operation, and

maintenance of the debris screen under clause (i),

including for purposes of the removal of drug bundles

and other illicit goods caught in the debris screen.

(B) A

UTHORIZATION OF APPROPRIATIONS

.—There are

authorized to be appropriated to the Commission, to remain

available until expended—

(i) for fiscal year 2025—

(I) $8,000,000 for construction of the debris

screen described in subparagraph (A)(i); and

(II) not less than $1,000,000 for the operation

and maintenance of the debris screen described

in subparagraph (A)(i); and

(ii) not less than $1,000,000 for each of fiscal years

2026 through 2029 for the operation and maintenance

of the debris screen described in subparagraph (A)(i).

(5) L

IMITATION OF CLAIMS

.—Chapter 171 and section

1346(b) of title 28, United States Code (commonly known as

the ‘‘Federal Tort Claims Act’’), shall not apply to any claim

arising from the activities of the Commission in carrying out

this subsection, including any claim arising from damages that

result from overflow of the International Outfall Interceptor

due to excess inflow to the International Outfall Interceptor

originating from Nogales, Sonora, Mexico.

NTERNATIONAL

REATY

.—Not later than six months after

the date of enactment of this section, the Commission shall seek

to initiate negotiations with Mexico for a new Treaty Minute or

a modification of Treaty Minute 227 to address, at a minimum,

the following:

(1) Joint operation and maintenance responsibilities of the

International Outfall Interceptor.

(2) Capacity usage of wastewater flows from the United

States and Mexico through the International Outfall Inter-

ceptor.

(3) Payment for excess wastewater flows through the Inter-

national Outfall Interceptor emanating from the Nogales,

Sonora, Mexico area.

Deadline.

Time periods.

Time period.

Effective date.

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137 STAT. 959 PUBLIC LAW 118–31—DEC. 22, 2023

(4) Any terms and conditions considered necessary to sup-

port proportional use and maintenance of the International

Outfall Interceptor.

(d) R

EPORT

.—Not later than one year after the date of enact-

ment of this section, and each year thereafter, the Commission

shall submit to the Committee on Foreign Relations of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives a report that includes—

(1) an operation and maintenance plan, or a description

of the status of such plan, developed by the Commission and

other relevant agencies, for the debris screen required under

subsection (b)(4)(A);

(2) a description of any operation and maintenance issues

of the Nogales sanitation project, including relating to

transnational criminal activity;

(3) an update on efforts by the Commission to renegotiate

an existing Treaty Minute or develop a new Treaty Minute

pursuant to subsection (c); and

(4) an accounting of all outstanding or overdue payments

from Mexico or the City for the processing and conveyance

of wastewater through the Nogales sanitation project.

(e) E

FFECTIVE

ATE

.—Subsections (a) and (b) (including the

amendments made by such subsections) shall take effect on October

1, 2024.

SEC. 5603. INTERNATIONAL PORT SECURITY ENFORCEMENT ACT.

Section 70108 of title 46, United States Code, is amended—

(1) in subsection (f)—

(A) in paragraph (1), by striking ‘‘provided that’’ and

all that follows and inserting the following: ‘‘if—’’

‘‘(A) the Secretary certifies that the foreign government

or international organization—

‘‘(i) has conducted the assessment in accordance

with subsection (b); and

‘‘(ii) has provided the Secretary with sufficient

information pertaining to its assessment (including

information regarding the outcome of the assessment);

and

‘‘(B) the foreign government that conducted the assess-

ment is not a state sponsor of terrorism (as defined in

section 3316(h)).’’; and

(B) by amending paragraph (3) to read as follows:

‘‘(3) L

IMITATIONS

.—Nothing in this section may be con-

strued—

‘‘(A) to require the Secretary to treat an assessment

conducted by a foreign government or an international

organization as an assessment that satisfies the require-

ment under subsection (a);

‘‘(B) to limit the discretion or ability of the Secretary

to conduct an assessment under this section;

‘‘(C) to limit the authority of the Secretary to repatriate

aliens to their respective countries of origin; or

‘‘(D) to prevent the Secretary from requesting security

and safety measures that the Secretary considers necessary

to safeguard Coast Guard personnel during the repatriation

of aliens to their respective countries of origin.’’; and

(2) by adding at the end the following:

Assessment.

Certification.

22 USC 277d–10

note.

Payments.

Update.

Plan.

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137 STAT. 960 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(g) S

TATE

PONSORS OF

ERRORISM AND

NTERNATIONAL

RORIST

RGANIZATIONS

.—The Secretary—

‘‘(1) may not enter into an agreement under subsection

(f)(2) with—

‘‘(A) a foreign government that is a state sponsor of

terrorism (as defined in section 3316(h)); or

‘‘(B) an entity designated by the Secretary of State

as a foreign terrorist organization pursuant to section 219

of the Immigration and Nationality Act (8 U.S.C. 1189);

and

‘‘(2) shall—

‘‘(A) deem any port that is under the jurisdiction of

a foreign government that is a state sponsor of terrorism

as not having effective antiterrorism measures for purposes

of this section and section 70109; and

‘‘(B) immediately apply the sanctions described in sec-

tion 70110(a) to such port.’’.

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.

SEC. 5701. SHORT TITLE.

This title may be cited as the ‘‘Architect of the Capitol Appoint-

ment Act of 2023’’.

SEC. 5702. APPOINTMENT AND TERM OF SERVICE OF ARCHITECT OF

THE CAPITOL.

(a) A

PPOINTMENT

.—The Architect of the Capitol shall be

appointed, without regard to political affiliation and solely on the

basis of fitness to perform the duties of the office, upon a majority

vote of a congressional commission (referred to in this section as

the ‘‘commission’’) consisting of the Speaker of the House of Rep-

resentatives, the majority leader of the Senate, the minority leaders

of the House of Representatives and Senate, the chair and ranking

minority member of the Committee on Appropriations of the House

of Representatives, the chairman and ranking minority member

of the Committee on Appropriations of the Senate, the chair and

ranking minority member of the Committee on House Administra-

tion of the House of Representatives, and the chairman and ranking

minority member of the Committee on Rules and Administration

of the Senate.

(b) T

ERM OF

ERVICE

.—The Architect of the Capitol shall be

appointed for a term of 10 years and, upon a majority vote of

the members of the commission, may be reappointed for additional

10-year terms.

EMOVAL

.—The Architect of the Capitol may be removed

from office at any time upon a majority vote of the members

of the commission.

(d) C

ONFORMING

MENDMENTS

.—

(1) Section 319 of the Legislative Branch Appropriations

Act, 1990 (2 U.S.C. 1801) is repealed.

Time period.

2 USC 1801a.

2 USC 1801 note.

Architect of the

Capitol

Appointment

Act of 2023.

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137 STAT. 961 PUBLIC LAW 118–31—DEC. 22, 2023

(2) The matter under the heading ‘‘For the Capitol:’’ under

the heading ‘‘DEPARTMENT OF THE INTERIOR.’’ of the Act

of February 14, 1902 (32 Stat. 19, chapter 17; incorporated

in 2 U.S.C. 1811) is amended by striking ‘‘, and he shall

be appointed by the President’’.

(e) E

FFECTIVE

ATE

.—This section, and the amendments made

by this section, shall apply with respect to appointments made

on or after the date of enactment of this Act.

SEC. 5703. APPOINTMENT OF DEPUTY ARCHITECT OF THE CAPITOL;

VACANCY IN ARCHITECT OR DEPUTY ARCHITECT.

Section 1203 of title I of division H of the Consolidated Appro-

priations Resolution, 2003 (2 U.S.C. 1805) is amended—

(1) in subsection (a)—

(A) by inserting ‘‘(in this section referred to as the

‘Architect’)’’ after ‘‘The Architect of the Capitol’’; and

(B) by inserting ‘‘(in this section referred to as the

‘Deputy Architect’)’’ after ‘‘Deputy Architect of the Capitol’’;

(2) by redesignating subsection (b) as subsection (c);

(3) by inserting after subsection (a) the following:

‘‘(b) D

EADLINE

.—The Architect shall appoint a Deputy Architect

under subsection (a) not later than 120 days after—

‘‘(1) the date on which the Architect is appointed under

section 5702 of the Architect of the Capitol Appointment Act

of 2023, if there is no Deputy Architect on the date of the

appointment; or

‘‘(2) the date on which a vacancy arises in the office of

the Deputy Architect.’’;

(4) in subsection (c), as so redesignated, by striking ‘‘of

the Capitol’’ each place it appears; and

(5) by adding at the end the following:

‘‘(d) F

AILURE TO

PPOINT

.—If the Architect does not appoint

a Deputy Architect on or before the applicable date specified in

subsection (b), the congressional commission described in section

5702(a) of the Architect of the Capitol Appointment Act of 2023

shall appoint the Deputy Architect by a majority vote of the mem-

bers of the commission.

‘‘(e) N

OTIFICATION

.—If the position of Deputy Architect becomes

vacant, the Architect shall immediately notify the members of the

congressional commission described in section 5702(a) of the

Architect of the Capitol Appointment Act of 2023.’’.

SEC. 5704. DEPUTY ARCHITECT OF THE CAPITOL TO SERVE AS ACTING

IN CASE OF ABSENCE, DISABILITY, OR VACANCY.

(a) I

ENERAL

.—The Deputy Architect of the Capitol (in this

section referred to as the ‘‘Deputy Architect’’) shall act as Architect

of the Capitol (in this section referred to as the ‘‘Architect’’) if

the Architect is absent or disabled or there is no Architect.

(b) A

BSENCE

, D

ISABILITY

ACANCY IN

FFICE OF

EPUTY

RCHITECT

.—For purposes of subsection (a), if the Deputy Architect

is also absent or disabled or there is no Deputy Architect, the

congressional commission described in section 5702(a) shall des-

ignate, by a majority vote of the members of the commission,

an individual to serve as acting Architect until—

(1) the end of the absence or disability of the Architect

or the Deputy Architect; or

(2) in the case of vacancies in both positions, an Architect

has been appointed under section 5702(a).

2 USC 1805a.

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137 STAT. 962 PUBLIC LAW 118–31—DEC. 22, 2023

UTHORITY

.—An officer serving as acting Architect under

subsection (a) or (b) shall perform all the duties and exercise all

the authorities of the Architect, including the authority to delegate

the duties and authorities of the Architect in accordance with

the matter under the heading ‘‘Office of the Architect of the Capitol’’

under the heading ‘‘ARCHITECT OF THE CAPITOL’’ of the Legisla-

tive Appropriation Act, 1956 (2 U.S.C. 1803).

(d) C

ONFORMING

MENDMENT

.—The matter under the heading

‘‘salaries’’ under the heading ‘‘Office of the Architect of the Capitol’’

under the heading ‘‘ARCHITECT OF THE CAPITOL’’ of the Legisla-

tive Branch Appropriation Act, 1971 (2 U.S.C. 1804) is amended

by striking ‘‘: Provided,’’ and all that follows through ‘‘no Architect’’.

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.

SEC. 5801. ASSESSMENT OF GIFTS AND GRANTS TO UNITED STATES

INSTITUTIONS OF HIGHER EDUCATION FROM ENTITIES

ON THE NON-SDN CHINESE MILITARY-INDUSTRIAL COM-

PLEX COMPANIES LIST.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of the Treasury shall

submit to the appropriate congressional committees an assessment

of gifts and grants to United States institutions of higher education

from entities on the Non-SDN Chinese Military-Industrial Complex

Companies List maintained by the Office of Foreign Assets Control.

(b) E

LEMENTS

.—The Secretary, in consultation with the Sec-

retary of Education, shall include in the assessment required by

subsection (a) an estimate of—

(1) a list and description of each of the gifts and grants

provided to United States institutions of higher education by

entities described in subsection (a); and

(2) the monetary value of each of those gifts and grants.

EFINITIONS

.—In this section:

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the Committee on Banking, Housing, and Urban

Affairs and the Committee on Health, Education, Labor,

and Pensions of the Senate; and

(B) the Committee on Financial Services and the Com-

mittee on Education and the Workforce of the House of

Representatives.

(2) The term ‘‘gifts and grants’’ includes financial contribu-

tions, material donations, provision of services, scholarships,

fellowships, research funding, infrastructure investment, con-

tracts, or any other form of support that provides a benefit

to the recipient institution.

Estimate.

Deadline.

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137 STAT. 963 PUBLIC LAW 118–31—DEC. 22, 2023

DIVISION F—DEPARTMENT OF STATE

AUTHORIZATION ACT OF 2023

SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.

(a) S

HORT

ITLE

.—This division may be cited as the ‘‘Depart-

ment of State Authorization Act of 2023’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this division

is as follows:

Sec. 6001. Short title; table of contents.

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.

Department of

State

Authorization

Act of 2023.

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137 STAT. 964 PUBLIC LAW 118–31—DEC. 22, 2023

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.

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.

SEC. 6002. DEFINITIONS.

In this division:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means the Committee

on Foreign Relations of the Senate and the Committee on

Foreign Affairs of the House of Representatives.

(2) D

EPARTMENT

.—The term ‘‘Department’’ means the

Department of State.

(3) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of State.

22 USC 2651

note.

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137 STAT. 965 PUBLIC LAW 118–31—DEC. 22, 2023

TITLE LXI—DIPLOMATIC SECURITY AND

CONSULAR AFFAIRS

SEC. 6101. SPECIAL HIRING AUTHORITY FOR PASSPORT SERVICES.

During the 3-year period beginning on the date of the enact-

ment of this division, the Secretary, without regard to the provisions

under sections 3309 through 3318 of title 5, United States Code,

may directly appoint up to 80 candidates to positions in the competi-

tive service (as defined in section 2102 of such title) at the Depart-

ment in the Passport and Visa Examining Series 0967.

SEC. 6102. QUARTERLY REPORT ON PASSPORT WAIT TIMES.

Not later than 30 days after the date of the enactment of

this division, and quarterly thereafter for the following 3 years,

the Secretary shall submit a report to the appropriate congressional

committees that describes—

(1) the current estimated wait times for passport proc-

essing;

(2) the steps that have been taken by the Department

to reduce wait times to a reasonable time;

(3) efforts to improve the rollout of the online passport

renewal processing program, including how much of passport

revenues the Department is spending on consular systems mod-

ernization;

(4) the demand for urgent passport services by major metro-

politan area;

(5) the steps that have been taken by the Department

to reduce and meet the demand for urgent passport services,

particularly in areas that are greater than 5 hours driving

time from the nearest passport agency; and

(6) how the Department details its staff and resources

to passport services programs.

SEC. 6103. PASSPORT TRAVEL ADVISORIES.

Not later than 180 days after the date of the enactment of

this division, the Department should make prominent in United

States regular passports, on the first three pages of the passport,

the following information:

(1) A prominent, clear advisory for all travelers to check

travel.state.gov for updated travel warnings and advisories.

(2) A prominent, clear notice urging all travelers to register

with the Department prior to overseas travel.

(3) A prominent, clear advisory—

(A) noting that many countries deny entry to travelers

during the last 6 months of their passport validity period;

and

(B) urging all travelers to renew their passport not

later than 1 year prior to its expiration.

SEC. 6104. STRATEGY TO ENSURE ACCESS TO PASSPORT SERVICES

FOR ALL AMERICANS.

Not later than 180 days after the date of the enactment of

this division, the Secretary shall submit a strategy to the appro-

priate congressional committees, the Committee on Appropriations

of the Senate, and the Committee on Appropriations of the House

Deadlines.

Time period.

Deadlines.

22 USC 211a

note.

Time period.

Appointments.

22 USC 211a

note.

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137 STAT. 966 PUBLIC LAW 118–31—DEC. 22, 2023

of Representatives for ensuring reasonable access to passport serv-

ices for all Americans, which shall include—

(1) a detailed strategy describing how the Department

could—

(A) by not later than 1 year after submission of the

strategy, reduce passport processing times to an acceptable

average for renewals and for expedited service; and

(B) by not later than 2 years after the submission

of the strategy, provide United States residents living in

a significant population center more than a 5-hour drive

from a passport agency with urgent, in-person passport

services, including the possibility of building new passport

agencies; and

(2) a description of the specific resources required to imple-

ment the strategy.

SEC. 6105. STRENGTHENING THE NATIONAL PASSPORT INFORMATION

CENTER.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

passport wait times since 2021 have been unacceptably long and

have created frustration among those seeking to obtain or renew

passports.

(b) O

NLINE

HAT

EATURE

.—The Department should develop

an online tool with the capability for customers to correspond with

customer service representatives regarding questions and updates

pertaining to their application for, or renewal of, a passport.

EPORT

.—Not later than 90 days after the date of

the enactment of this division, the Comptroller General of the

United States shall initiate a review of National Passport Informa-

tion Center (NPIC) operations, which shall include an analysis

of the extent to which NPIC—

(1) responds to constituent inquiries by telephone, including

how long constituents are kept on hold and their ability to

be placed in a queue;

(2) provides personalized customer service;

(3) maintains its telecommunications infrastructure to

ensure it effectively handles call volumes; and

(4) other relevant issues the Comptroller General deems

appropriate.

SEC. 6106. STRENGTHENING PASSPORT CUSTOMER VISIBILITY AND

TRANSPARENCY.

(a) O

NLINE

TATUS

OOL

.—Not later than 2 years after the

date of the enactment of this division, the Department should

modernize the online passport application status tool to include,

to the greatest extent possible, step by step updates on the status

of passport applications, including with respect to the following

stages:

(1) Submitted for processing.

(2) In process at a lockbox facility.

(3) Awaiting adjudication.

(4) In process of adjudication.

(5) Adjudicated with a result of approval or denial.

(6) Materials shipped.

(b) A

DDITIONAL

NFORMATION

.—The tool pursuant to subsection

(a) should include a display that informs each passport applicant

of—

Deadline.

Updates.

22 USC 213 note.

Review.

Analysis.

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137 STAT. 967 PUBLIC LAW 118–31—DEC. 22, 2023

(1) the date on which his or her passport application was

received; and

(2) the estimated wait time remaining in the passport

application process.

EPORT

.—Not later than 90 days after the date of the

enactment of this division, the Secretary shall submit a report

to the appropriate congressional committees that outlines a plan

for coordinated comprehensive public outreach to increase public

awareness and understanding of—

(1) the online status tool required under subsection (a);

(2) passport travel advisories required under section 6103;

and

(3) passport wait times.

SEC. 6107. ANNUAL OFFICE OF AUTHENTICATIONS REPORT.

(a) R

EPORT

.—Not later than one year after the date of the

enactment of this division, the Secretary shall submit an annual

report for 5 years to the appropriate congressional committees

that describes—

(1) the number of incoming authentication requests, broken

down by month and type of request, to show seasonal fluctua-

tions in demand;

(2) the average time taken by the Office of Authentications

of the Department to authenticate documents, broken down

by month to show seasonal fluctuations in wait times;

(3) how the Department details staff to the Office of

Authentications; and

(4) the impact that hiring additional, permanent, dedicated

staff for the Office of Authentications would have on the proc-

essing times referred to in paragraph (2).

(b) A

UTHORIZATION

.—The Secretary is authorized to hire addi-

tional, permanent, dedicated staff for the Office of Authentications.

SEC. 6108. PUBLICATION AND UPDATES OF ESTIMATED TIME FOR

PROCESSING OF PASSPORT APPLICATIONS.

The Secretary shall publish and update on a quarterly basis

on relevant websites of the Department the estimated time for

processing of passport applications.

SEC. 6109. AUTHORITY TO DESIGNATE ADDITIONAL PASSPORT

ACCEPTANCE AGENTS.

(a) A

UTHORITY TO

ESIGNATE

.—The Secretary may designate

any person described in subsection (b) that meets such other

requirements as the Secretary may prescribe pursuant to regula-

tions to serve as a passport acceptance agent, unless the Secretary

withdraws such authorization on a case-by-case basis with respect

to a given person.

(b) A

UTHORIZED

ERSONS

.—A person described in this sub-

section is any of the following:

(1) An employee of the clerk of any Federal court.

(2) An employee of the clerk of any State court of record.

(3) A postal employee at a United States post office that

has been selected to accept passport applications.

(4) An employee of the Department of Defense at a military

installation that has been authorized to accept passport applica-

tions.

(5) An employee of a Federal department or agency that

has been selected to accept passport applications.

22 USC 213a.

Time period.

Web postings.

22 USC 213 note.

22 USC 2651a

note.

Time period.

Plan.

Estimate.

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137 STAT. 968 PUBLIC LAW 118–31—DEC. 22, 2023

(6) Any other person specifically designated by the Sec-

retary.

EGULATIONS

.—The Secretary shall prescribe or revise such

regulations as may be necessary to carry out this division.

SEC. 6110. NOTIFICATION OF PASSPORT EXPIRATION.

The Secretary shall take such steps as may be necessary to

ensure that each individual holding a valid United States passport

is notified of the upcoming expiration of such passport not later

than one year before the date of such expiration.

SEC. 6111. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY IN

ONLINE PASSPORT RENEWAL PROGRAM.

The Secretary shall take such steps as may be necessary to

compare and use the best commercially available technology in

the private sector, as determined by the Secretary, in the develop-

ment of the Department’s online passport renewal program or any

successor program.

SEC. 6112. ELECTRONIC PAYMENT FOR PASSPORT APPLICATION FEES.

The Secretary shall develop a process to accept electronic pay-

ment for all fees associated with the processing of passport applica-

tions, including for applications submitted by regular mail.

SEC. 6113. AGREEMENTS WITH FOREIGN COUNTRIES REGARDING

PASSPORTS NEARING EXPIRATION.

The President, acting through the Secretary, shall seek to reach

agreements with the governments of foreign countries that do not

accept United States passports that are at or within 6 months

of expiration to allow for the use of such United States passports.

SEC. 6114. PASSPORT FEE EXCEPTION FOR SEARCH, RESCUE, AND

OTHER RELATED DISASTER RELIEF OPERATIONS.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘First

Responders Passport Act’’.

(b) I

ENERAL

.—Section 1(a) of the Passport Act of June

4, 1920 (22 U.S.C. 214(a) is amended—

(1) by inserting ‘‘(1)’’ before ‘‘There shall be collected’’;

(2) by striking ‘‘No passport fee shall be collected from

an officer’’ and inserting the following:

‘‘(2) Notwithstanding paragraph (1), no passport fee shall be

collected from—

‘‘(A) an officer’’;

(3) by striking ‘‘or from members of his immediate family;

from an American seaman who requires a passport in connec-

tion with his duties aboard an American flag-vessel; from a

widow’’ and inserting the following: ‘‘or from immediate family

of such officer or employee;

‘‘(B) an American sailor who requires a passport in connec-

tion with assigned duties aboard an American flag-vessel;

‘‘(C) a widow’’;

(4) by striking ‘‘memorial service for such member; or from

an individual’’ and inserting the following: ‘‘memorial service

for such member;

‘‘(D) an individual’’; and

(5) by striking ‘‘law enforcement purposes. No execution

fee’’ and inserting ‘‘law enforcement purposes;

‘‘(E) at the discretion of the Secretary, an individual who—

22 USC 211a

note.

First Responders

Passport Act.

President.

Time period.

22 USC 213 note.

22 USC 214 note.

Determination.

22 USC 213 note.

Deadline.

22 USC 217a

note.

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137 STAT. 969 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(i) is operating under a contract, grant, or cooperative

agreement with the United States Government to partici-

pate in search, rescue, and other related disaster relief

operations within a foreign country following a natural

disaster; or

‘‘(ii) is required pursuant to such contract, grant, or

cooperative agreement to be available to travel abroad to

assist in search, rescue, or other related disaster relief

efforts immediately upon notice from the United States

Government.

‘‘(3) No execution fee’’.

SEC. 6115. INCREASED ACCOUNTABILITY IN ASSIGNMENT RESTRIC-

TIONS AND REVIEWS.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the use of policies to restrict personnel from serving

in certain assignments may undermine the Department’s ability

to deploy relevant cultural and linguistic skills at diplomatic

posts abroad if not applied judiciously; and

(2) the Department should continuously evaluate all proc-

esses relating to assignment restrictions, assignment reviews,

and preclusions at the Department.

(b) N

OTIFICATION OF

TATUS

.—Beginning not later than 90

days after the date of the enactment of this division, the Secretary

shall—

(1) provide a status update for all Department personnel

who, prior to such date of enactment, were subject to a prior

assignment restriction, assignment review, or preclusion for

whom a review or decision related to assignment is pending;

and

(2) on an ongoing basis, provide a status update for any

Department personnel who has been the subject of a pending

assignment restriction or pending assignment review for more

than 30 days.

OTIFICATION

ONTENT

.—The notification required under

subsection (b) shall inform relevant personnel, as of the date of

the notification—

(1) whether any prior assignment restriction has been

lifted;

(2) if their assignment status is subject to ongoing review,

and an estimated date for completion; and

(3) if they are subject to any other restrictions on their

ability to serve at posts abroad.

(d) A

DJUDICATION OF

NGOING

SSIGNMENT

EVIEWS

.—

(1) T

IME LIMIT

.—The Department shall establish a reason-

able time limit for the Department to complete an assignment

review and establish a deadline by which it must inform per-

sonnel of a decision related to such a review.

(2) A

PPEALS

.—For any personnel the Department deter-

mines are ineligible to serve in an assignment due to an assign-

ment restriction or assignment review, a Security Appeal Panel

shall convene not later than 120 days of an appeal being

filed.

(3) E

NTRY

LEVEL BIDDING PROCESS

.—The Department shall

include a description of the assignment review process and

critical human intelligence threat posts in a briefing to new

officers as part of their entry-level bidding process.

Determination.

Estimate.

Deadlines.

22 USC 2734h.

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137 STAT. 970 PUBLIC LAW 118–31—DEC. 22, 2023

(4) P

OINTS OF CONTACT

.—The Department shall designate

points of contact in the Bureau of Diplomatic Security and

Bureau of Global Talent Management to answer employee and

Career Development Officer questions about assignment restric-

tions, assignment reviews, and preclusions.

(e) S

ECURITY

PPEAL

ANEL

.—Not later than 90 days after

the date of the enactment of this division, the Security Appeal

Panel shall be comprised of—

(1) the head of an office responsible for human resources

or discrimination who reports directly to the Secretary;

(2) the Principal Deputy Assistant Secretary for the Bureau

of Global Talent Management;

(3) the Principal Deputy Assistant Secretary for the Bureau

of Intelligence and Research;

(4) an Assistant Secretary or Deputy, or equivalent, from

a third bureau as designated by the Under Secretary for

Management;

(5) a representative from the geographic bureau to which

the restriction applies; and

(6) a representative from the Office of the Legal Adviser

and a representative from the Bureau of Diplomatic Security,

who shall serve as non-voting advisors.

(f) A

PPEAL

IGHTS

.—Section 414(a) of the Department of State

Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amended

by striking the first two sentences and inserting ‘‘The Secretary

shall establish and maintain a right and process for employees

to appeal a decision related to an assignment, based on a restriction,

review, or preclusion. Such right and process shall ensure that

any such employee shall have the same appeal rights as provided

by the Department regarding denial or revocation of a security

clearance.’’.

(g) FAM U

PDATE

.—Not later than 120 days after the date

of the enactment of this division, the Secretary shall amend all

relevant provisions of the Foreign Affairs Manual, and any associ-

ated or related policies of the Department, to comply with this

section.

SEC. 6116. SUITABILITY REVIEWS FOR FOREIGN SERVICE INSTITUTE

INSTRUCTORS.

The Secretary shall take reasonable steps to ensure that all

instructors at the Foreign Service Institute, including direct hires

and contractors, who provide language instruction are—

(1) subject to suitability reviews and background investiga-

tions; and

(2) subject to periodic background checks or reinvestiga-

tions to the extent consistent with Department and Executive

policy for other Department personnel.

SEC. 6117. DIPLOMATIC SECURITY FELLOWSHIP PROGRAMS.

(a) I

ENERAL

.—Section 47 of the State Department Basic

Authorities Act of 1956 (22 U.S.C. 2719) is amended—

(1) by striking ‘‘The Secretary’’ and inserting the following:

‘‘(a) I

ENERAL

.—The Secretary’’; and

(2) by adding at the end the following new subsection:

‘‘(b) D

IPLOMATIC

ECURITY

ELLOWSHIP

ROGRAMS

.—

‘‘(1) E

STABLISHMENT

.—The Secretary of State, working

through the Assistant Secretary for Diplomatic Security, is

authorized to establish Diplomatic Security fellowship programs

Grants.

22 USC 4030.

Compliance.

Process.

Designation.

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137 STAT. 971 PUBLIC LAW 118–31—DEC. 22, 2023

to provide grants to United States nationals pursuing post-

secondary studies who commit to pursuing a career as a special

agent, security engineering officer, or in the civil service in

the Bureau of Diplomatic Security.

‘‘(2) R

ULEMAKING

.—The Secretary is authorized to promul-

gate regulations for the administration of Diplomatic Security

fellowship programs that set forth—

‘‘(A) the eligibility requirements for receiving a grant

under this subsection;

‘‘(B) the process by which eligible applicants may

request such a grant;

‘‘(C) the maximum amount of such a grant; and

‘‘(D) the educational progress to which all grant recipi-

ents are obligated.’’.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated $2,000,000 for each of fiscal years 2024 through

2028 to carry out this section.

TITLE LXII—PERSONNEL MATTERS

Subtitle A—Hiring, Promotion, and

Development

SEC. 6201. ADJUSTMENT TO PROMOTION PRECEPTS.

Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C.

4003(b)) is amended—

(1) by redesignating paragraph (2), (3), and (4) as para-

graphs (7), (8), and (9), respectively; and

(2) by inserting after paragraph (1) the following new para-

graphs:

‘‘(2) experience serving at an international organization,

multilateral institution, or engaging in multinational negotia-

tions;

‘‘(3) willingness to serve in hardship posts overseas where

applicable and across geographically distinct regions;

‘‘(4) experience advancing policies or developing expertise

that enhance the United States’ competitiveness with regard

to critical and emerging technologies;

‘‘(5) willingness to participate in appropriate and relevant

professional development opportunities offered by the Foreign

Service Institute or other educational institutions associated

with the Department;

‘‘(6) willingness to enable and encourage subordinates at

various levels to avail themselves of appropriate and relevant

professional development opportunities offered by the Foreign

Service Institute or other educational institutions associated

with the Department;’’.

SEC. 6202. HIRING AUTHORITIES.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the Department should possess hiring authorities to

enable recruitment of individuals representative of the nation

with special skills needed to address 21st century diplomacy

challenges; and

Time periods.

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137 STAT. 972 PUBLIC LAW 118–31—DEC. 22, 2023

(2) the Secretary shall conduct a survey of hiring authori-

ties held by the Department to identify—

(A) hiring authorities already authorized by Congress;

(B) other authorities granted through Presidential

decree or executive order; and

individuals with the special skills described in paragraph

(1).

(b) R

EPORT

.—Not later than 180 days after the date of the

enactment of this division, the Secretary shall submit to the appro-

priate congressional committees, the Committee on Homeland Secu-

rity and Governmental Affairs of the Senate, and the Committee

on Oversight and Accountability of the House of Representatives

a report that includes a description of all existing hiring authorities

and legislative proposals on any new needed authorities.

PECIAL

IRING

UTHORITY

.—For an initial period of not

more than 3 years after the date of the enactment of this division,

the Secretary may appoint, without regard to the provisions of

sections 3309 through 3318 of title 5, United States Code, up

to 80 candidates directly to positions in the competitive service

at the Department, as defined in section 2102 of that title, in

the following occupational series: 25 candidates under 1560 Data

Science, 25 candidates under 2210 Information Technology Manage-

ment, and 30 candidates under 0201 Human Resources Manage-

ment.

SEC. 6203. EXTENDING PATHS TO SERVICE FOR PAID STUDENT

INTERNS.

(a) I

ENERAL

.—For up to 2 years following the end of a

compensated internship at the Department, the Department may

offer employment to up to 25 such interns and appoint them directly

to positions in the competitive service, as defined in section 2102

of title 5, United States Code, without regard to the provisions

of sections 3309 through 3318 of such title.

(b) R

EPORT

.—Not later than one year after the date of the

enactment of this division, and annually thereafter for 3 years,

the Secretary shall submit to the appropriate congressional commit-

tees, the Homeland Security and Governmental Affairs Committee

of the Senate, and the Committee on Oversight and Accountability

of the House of Representatives a report listing which under-

graduate and post-secondary institutions the interns offered employ-

ment under subsection (a) attended, where available.

SEC. 6204. LATERAL ENTRY PROGRAM.

(a) I

ENERAL

.—Section 404 of the Department of State

Authorities Act, Fiscal Year 2017 (Public Law 114–323; 130 Stat.

1928) is amended—

(1) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘3-year’’ and inserting ‘‘5-year’’;

(B) in paragraph (5), by striking ‘‘; and’’;

end and inserting a semicolon; and

(D) by adding at the end the following new paragraphs:

‘‘(7) does not include the use of Foreign Service-Limited

or other noncareer Foreign Service hiring authorities; and

‘‘(8) includes not fewer than 30 participants for each year

of the pilot program.’’; and

22 USC 3943

note.

Appointments.

22 USC 2651a

note.

Time periods.

Time period.

Appointments.

22 USC 2651a

note.

Legislative

proposals.

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137 STAT. 973 PUBLIC LAW 118–31—DEC. 22, 2023

(2) by adding at the end the following new subsection:

‘‘(e) C

ERTIFICATION

.—If the Secretary does not commence the

lateral entry program within 180 days after the date of the enact-

ment of this subsection, the Secretary shall submit a report to

the appropriate congressional committees—

‘‘(1) certifying that progress is being made on implementa-

tion of the pilot program and describing such progress,

including the date on which applicants will be able to apply;

‘‘(2) estimating the date by which the pilot program will

be fully implemented;

‘‘(3) outlining how the Department will use the Lateral

Entry Program to fill needed skill sets in key areas such as

cyberspace, emerging technologies, economic statecraft, multi-

lateral diplomacy, and data and other sciences.’’.

SEC. 6205. MID-CAREER MENTORING PROGRAM.

(a) A

UTHORIZATION

.—The Secretary, in collaboration with the

Director of the Foreign Service Institute, is authorized to establish

a Mid-Career Mentoring Program (referred to in this section as

the ‘‘Program’’) to assist in the retention of, and to decrease mid-

career attrition of, employees, including those who have dem-

onstrated potential for advancement and may be at risk of leaving

the Department.

(b) S

ELECTION

.—

(1) N

OMINATIONS

.—The head of each bureau shall semi-

annually nominate participants for the Program from a pool

of applicants in the positions described in paragraph (2)(B),

including from posts both domestically and abroad.

(2) S

UBMISSION OF SLATE OF NOMINEES TO SECRETARY

.—

The Director of the Foreign Service Institute, in consultation

with the Director General of the Foreign Service, shall semi-

annually—

(A) vet the nominees most recently nominated pursu-

ant to paragraph (1); and

(B) submit to the Secretary a slate of applicants to

participate in the Program, who shall consist of at least—

(i) 10 Foreign Service Officers and specialists

classified at the FS-03 or FS-04 level of the Foreign

Service Salary Schedule;

(ii) 10 Civil Service employees classified at GS-

12 or GS-13 of the General Schedule; and

(iii) 5 Foreign Service Officers from the United

States Agency for International Development.

(3) F

INAL SELECTION

.—The Secretary shall select the

applicants who will be invited to participate in the Program

from the slate received pursuant to paragraph (2)(B) and extend

such an invitation to each selected applicant.

(4) M

ERIT PRINCIPLES

.—Section 105 of the Foreign Service

Act of 1980 (22 U.S.C. 3905) shall apply to nominations, submis-

sions to the Secretary, and selections for the Program under

this section.

ROGRAM

ESSIONS

.—

(1) F

REQUENCY

;

DURATION

.—All of the participants who

accept invitations extended pursuant to subsection (b)(3) shall

meet 3 to 4 times per year for training sessions with high-

level leaders of the Department and USAID, including private

Applicability.

22 USC 2738.

Estimate.

Reports.

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137 STAT. 974 PUBLIC LAW 118–31—DEC. 22, 2023

group meetings with the Secretary and the Administrator of

the United States Agency for International Development.

(2) T

HEMES

.—Each session referred to in paragraph (1)

shall focus on specific themes developed jointly by the Foreign

Service Institute and the Executive Secretariat focused on sub-

stantive policy issues and leadership practices.

(d) M

ENTORING

ROGRAM

.—The Secretary and the Adminis-

trator each is authorized to establish a mentoring and coaching

program that pairs a senior leader of the Department or USAID

with each of the program participants who complete the Program

during the 1-year period immediately following their participation

in the Program.

(e) A

NNUAL

EPORT

.—Not later than one year after the date

of the enactment of this division, and annually thereafter for three

years, the Secretary shall submit a report to the appropriate

congressional committees that describes the activities of the Pro-

gram during the most recent year and includes disaggregated demo-

graphic data on participants in the Program.

SEC. 6206. REPORT ON THE FOREIGN SERVICE INSTITUTE’S LANGUAGE

PROGRAM.

Not later than 60 days after the date of the enactment of

this division, the Secretary shall submit a report to the appropriate

congressional committees that includes—

(1) the average pass and fail rates for language programs

at the Foreign Service Institute in comparison with Language

Designated Position (LDP) requirements, disaggregated by lan-

guage during the 5-year period immediately preceding the date

of the enactment of this division;

(2) the number of Department employees and contractors

who are language instructors at the Foreign Service Institute,

and a comparison of the instructor/student ratio in the language

programs at the Foreign Service Institute disaggregated by

language;

(3) salaries for language instructors disaggregated by lan-

guage, employment/contractor status, and a comparison to sala-

ries for instructors teaching languages in comparable employ-

ment;

(4) recruitment and retention plans for language instruc-

tors, disaggregated by language where necessary and prac-

ticable;

(5) any plans to increase pass rates for languages with

high failure rates; and

(6) a list of all outside entities with which the Foreign

Service Institute partners or contracts in order to hire or obtain

foreign language instructors, including the duration of any

relevant agreements, and an indication of how agreements are

evaluated by the Department for potential renewal, where

available.

SEC. 6207. CONSIDERATION OF CAREER CIVIL SERVANTS AS CHIEFS

OF MISSIONS.

Section 304(b) of the Foreign Service Act of 1980 (22 U.S.C.

3944) is amended—

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new para-

graph:

List.

Plans.

Time periods.

Demographic

data.

Time period.

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137 STAT. 975 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) The Secretary shall also furnish to the President, on an

annual basis and to assist the President in selecting qualified

candidates for appointments or assignments as chief of mission,

the names of between 5 and 10 career civil servants serving at

the Department of State or the United States Agency for Inter-

national Development who are qualified to serve as chiefs of mis-

sion, together with pertinent information about such individuals.’’.

SEC. 6208. CIVIL SERVICE ROTATIONAL PROGRAM.

(a) E

STABLISHMENT OF

ILOT

OTATIONAL

ROGRAM FOR

IVIL

ERVICE

.—Not later than 180 days after the date of the enactment

of this division, the Secretary shall establish a program to provide

qualified civil servants serving at the Department an opportunity

to serve at a United States embassy, including identifying criteria

and an application process for such program.

(b) P

ROGRAM

.—The program established under this section

shall—

(1) provide at least 20 career civil servants the opportunity

to serve for 2 to 3 years at a United States embassy to gain

additional skills and experience;

(2) offer such civil servants the opportunity to serve in

a political or economic section at a United States embassy;

and

(3) include clear and transparent criteria for eligibility

and selection, which shall include a minimum of 5 years of

service at the Department.

UBSEQUENT

OSITION AND

ROMOTION

.—Following a rota-

tion at a United States embassy pursuant to the program estab-

lished by this section, participants in the program must be afforded,

at minimum, a position equivalent in seniority, compensation, and

responsibility to the position occupied prior serving in the program.

Successful completion of a rotation at a United States embassy

shall be considered favorably with regard to applications for pro-

motion in civil service jobs at the Department.

(d) I

MPLEMENTATION

.—Not later than 2 years after the date

of the enactment of this division, the Secretary shall identify not

less than 20 positions in United States embassies for the program

established under this section and offer at least 20 civil servants

the opportunity to serve in a rotation at a United States embassy

pursuant to this section.

SEC. 6209. REPORTING REQUIREMENT ON CHIEFS OF MISSION.

Not later than 30 days following the end of each calendar

quarter, the Secretary shall submit to the appropriate congressional

committees—

(1) a list of every chief of mission or United States rep-

resentative overseas with the rank of Ambassador who, during

the prior quarter, was granted approval by the Under Secretary

of State for Management to be outside a country of assignment

for purposes other than official travel or temporary duty orders;

and

(2) the number of days each such chief of mission or United

States representative overseas with the rank of Ambassador

was outside a country of assignment during the previous

quarter for purposes other than official travel or temporary

duty orders.

Time periods.

22 USC 3927b.

Time periods.

Deadlines.

Criteria.

22 USC 2739.

Time period.

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137 STAT. 976 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 6210. REPORT ON CHIEFS OF MISSION AND DEPUTY CHIEFS OF

MISSION.

Not later than April 1, 2024, and annually thereafter for the

next 4 years, the Secretary shall submit to the appropriate congres-

sional committees a report that includes—

(1) the Foreign Service cone of each current chief of mission

and deputy chief of mission (or whoever is acting in the capacity

of chief or deputy chief if neither is present) for each United

States embassy at which there is a Foreign Service Officer

filling either of those positions; and

(2) aggregated data for all chiefs of mission and deputy

chiefs of mission described in paragraph (1), disaggregated

by cone.

SEC. 6211. EFFORTS TO IMPROVE RETENTION AND PREVENT RETALIA-

TION.

(a) S

TREAMLINED

EPORTING

.—Not later than one year after

the date of the enactment of this division, the Secretary shall

establish a single point of initial reporting for allegations of

discrimination, and harassment that provides an initial review of

the allegations and, if necessary, the ability to file multiple claims

based on a single complaint.

(b) R

EQUIRED

NNUAL

URVEYS

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this division, and annually thereafter,

the Secretary shall conduct an annual employee satisfaction

survey to assess the level of job satisfaction, work environment,

and overall employee experience within the Department.

(2) O

PEN

ENDED RESPONSES

.—The survey required under

paragraph (1) shall include options for open-ended responses.

(3) S

URVEY QUESTIONS

.—The survey shall include questions

regarding—

(A) work-life balance;

(B) compensation and benefits;

(D) the performance evaluation and promotion process,

including fairness and transparency;

(E) communication channels and effectiveness;

(F) leadership and management;

(G) organizational culture;

(H) awareness and effectiveness of complaint measures;

(I) accessibility and accommodations;

(J) availability of transportation to and from a work

station;

(K) information technology infrastructure functionality

and accessibility;

(L) the employee’s understanding of the Department’s

structure, mission, and goals;

(M) alignment and relevance of work to the Depart-

ment’s mission;

(N) sense of empowerment to affect positive change;

and

(O) experiences with harassment, discrimination,

retaliation, and other events that contribute to attrition

and negatively impact work culture and productivity.

EQUIRED

XIT

URVEYS

.—

Assessment.

Deadlines.

22 USC 2736f.

Data.

Time period.

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137 STAT. 977 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this division, the Secretary shall develop

and implement a standardized, confidential exit survey process

that includes anonymous feedback and exit interviews with

employees who voluntarily separate from the Department,

whether through resignation, retirement, or other means.

(2) S

COPE

.—The exit surveys conducted pursuant to para-

graph (1) shall—

(A) be designed to gather insights and feedback from

departing employees regarding—

(i) their reasons for leaving, including caretaking

responsibilities, career limitations for partner or

spouse, and discrimination, harassment, or retaliation;

(ii) their overall experience with the Department;

and

(iii) any suggestions for improvement; and

(B) include questions related to—

(i) the employee’s reasons for leaving;

(ii) job satisfaction;

(iii) work environment;

(iv) professional growth opportunities;

(v) leadership effectiveness;

(vi) suggestions for enhancing the Department’s

performance; and

(vii) if applicable, the name and industry of the

employee’s future employer.

(3) C

OMPILATION OF RESULTS

.—The Secretary shall compile

and analyze the anonymized exit survey data collected pursuant

to this paragraph to identify trends, common themes, and areas

needing improvement within the Department.

(d) P

ILOT

URVEYS

.—Not later than 180 days after the date

of the enactment of this division, the Secretary shall conduct a

Department-wide survey for Locally Employed Staff regarding

retention, training, promotion, and other matters, including harass-

ment, discrimination, and retaliation, that includes workforce

perspectives on the accessibility and effectiveness of complaint

measures.

(e) R

EPORT

.—Not later than 60 days after the conclusion of

each survey conducted pursuant to this section, the Secretary shall

make the key findings available to the Department workforce and

shall submit them to the appropriate congressional committees.

(f) R

ETALIATION

REVENTION

FFORTS

.—

(1) E

MPLOYEE EVALUATION

.—

(A) I

N GENERAL

.—If there is a pending investigation

of discrimination or harassment against a superior who

is responsible for rating or reviewing the complainant

employee, the complainant shall be reviewed by the

superior’s supervisor or other Department employee as

appropriate.

(B) E

FFECTIVE DATE

.—This paragraph shall take effect

90 days after the date of the enactment of this division.

(2) R

ETALIATION PREVENTION GUIDANCE

.—Any Department

employee against whom an allegation of discrimination or

harassment has been made shall receive written guidance (a

‘‘retaliation hold’’) on the types of actions that can be considered

retaliation against the complainant employee. The employee’s

Reviews.

Analysis.

Process.

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137 STAT. 978 PUBLIC LAW 118–31—DEC. 22, 2023

immediate supervisor shall also receive the retaliation hold

guidance.

SEC. 6212. NATIONAL ADVERTISING CAMPAIGN.

Not later than 270 days after the date of the enactment of

this division, the Secretary shall submit a strategy to the appro-

priate congressional committees that assesses the potential benefits

and costs of a national advertising campaign to improve the recruit-

ment to the Civil Service and the Foreign Service by raising public

awareness of the important accomplishments of the Department.

SEC. 6213. EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAMS.

(a) I

ENERAL

.—Not later than two years after the date of

the enactment of this division—

(1) the Secretary is authorized to increase the number

of diplomats in the Diplomats in Residence Program from 17

to at least 20; and

(2) the Administrator of the United States Agency for Inter-

national Development is authorized to increase the number

of development diplomats in the Diplomats in Residence Pro-

gram from 1 to at least 3.

(b) R

EPORT

.—Not later than one year after the date of the

enactment of this division, and every year for three years thereafter,

the Secretary shall report to the appropriate congressional commit-

tees whether additional Diplomats in Residence have been estab-

lished, and, if so, what regions or colleges or universities such

diplomats are assigned to, with an explanation as to why those

regions or schools were chosen as most in need of additional Depart-

ment recruiting personnel.

Subtitle B—Pay, Benefits, and Workforce

Matters

SEC. 6221. EDUCATION ALLOWANCE.

(a) I

ENERAL

.—Chapter 9 of title I of the Foreign Service

Act of 1980 (22 U.S.C. 4081 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 908. EDUCATION ALLOWANCE.

‘‘A Department employee who is on leave to perform service

in the uniformed services (as defined in section 4303(13) of title

38, United States Code) may receive an education allowance if

the employee would, if not for such service, be eligible to receive

the education allowance.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents in section

2 of the Foreign Service Act of 1980 (22 U.S.C. 3901 note) is

amended by inserting after the item relating to section 907 the

following:

‘‘Sec. 908. Education allowance’’.

SEC. 6222. IMPROVING MENTAL HEALTH SERVICES FOR FOREIGN AND

CIVIL SERVANTS.

(a) A

DDITIONAL

ERSONNEL TO

DDRESS

ENTAL

EALTH

.—

(1) I

N GENERAL

.—The Secretary shall seek to increase the

number of personnel within the Bureau of Medical Services

22 USC 4084

note.

22 USC 4088.

Time period.

Deadline.

22 USC 2736a

note.

Deadline.

Strategy.

Assessment.

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137 STAT. 979 PUBLIC LAW 118–31—DEC. 22, 2023

to address mental health needs for both foreign and civil serv-

ants.

(2) E

MPLOYMENT TARGETS

.—Not later than 180 days after

the date of the enactment of this division, the Secretary shall

seek to employ not fewer than 10 additional personnel in the

Bureau of Medical Services, compared to the number of per-

sonnel employed as of the date of the enactment of this division.

(b) S

TUDY

.—The Secretary shall conduct a study on the accessi-

bility of mental health care providers and services available to

Department personnel, including an assessment of—

(1) the accessibility of mental health care providers at

diplomatic posts and in the United States;

(2) the accessibility of inpatient services for mental health

care for Department personnel;

(3) steps that may be taken to improve such accessibility;

(4) the impact of the COVID–19 pandemic on the mental

health of Department personnel, particularly those who served

abroad between March 1, 2020, and December 31, 2022, and

Locally Employed Staff, where information is available;

(5) recommended steps to improve the manner in which

the Department advertises mental health services to the

workforce;

(6) hesitancy to seek out mental health services, due to

perceptions and realities regarding the degree to which

employees’ use of mental health services could impact their

career trajectory, including security clearances; and

(7) additional authorities and resources needed to better

meet the mental health needs of Department personnel.

EPORT

.—Not later than 180 days after the date of the

enactment of this division, the Secretary shall submit to appropriate

congressional committees a report containing the findings of the

study under subsection (b).

SEC. 6223. EMERGENCY BACK-UP CARE.

(a) I

ENERAL

.—The Secretary and the Administrator for

the United States Agency for International Development are author-

ized to provide for unanticipated non-medical care, including

dependent child and eldercare, and essential services directly

related to caring for an acute injury or illness, for USAID and

Department employees and their family members, including

through the provision of such non-medical services, referrals to

care providers, and reimbursement of reasonable expenses for such

services.

(b) L

IMITATION

.—Services provided pursuant to this section

shall not exceed $2,000,000 per fiscal year.

SEC. 6224. EXCEPTION FOR GOVERNMENT-FINANCED AIR TRANSPOR-

TATION.

(a) R

EDUCING

ARDSHIP FOR

RANSPORTATION OF

OMESTIC

NIMALS

.—

(1) I

N GENERAL

.—Notwithstanding subsections (a) and (c)

of section 40118 of title 49, United States Code, the Department

is authorized to pay for the transportation by a foreign air

carrier of Department personnel and any in-cabin or accom-

panying checked baggage or cargo if—

(A) no air carrier holding a certificate under section

41102 of such title is willing and able to transport up

22 USC 4081a.

22 USC 2703a.

Recommenda-

tions.

Time period.

Assessment.

Deadline.

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137 STAT. 980 PUBLIC LAW 118–31—DEC. 22, 2023

to 3 domestic animals accompanying such Federal per-

sonnel; and

(B) the transportation is from a place—

(i) outside the United States to a place in the

United States;

(ii) in the United States to a place outside the

United States; or

(iii) outside the United States to another place

outside the United States.

(2) L

IMITATION

.—An amount paid pursuant to paragraph

(1) for transportation by a foreign carrier may not be greater

than the amount that would otherwise have been paid had

the transportation been on an air carrier holding a certificate

under section 41102 had that carrier been willing and able

to provide such transportation. If the amount that would other-

wise have been paid to such an air carrier is less than the

cost of transportation on the applicable foreign carrier, the

Department personnel may pay the difference of such amount.

(3) D

OMESTIC ANIMAL DEFINED

.—In this subsection, the

term ‘‘domestic animal’’ means a dog or a cat.

SEC. 6225. INTERNET AT HARDSHIP POSTS.

Section 3 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2670) is amended—

(1) in subsection (l), by striking ‘‘; and’’ and inserting a

semicolon;

(2) in subsection (m) by striking the period at the end

and by inserting ‘‘; and’’; and

(3) by adding at the end the following new subsection:

‘‘(n) pay expenses to provide internet services in residences

owned or leased by the United States Government in foreign coun-

tries for the use of Department personnel where Department per-

sonnel receive a post hardship differential equivalent to 30 percent

or more above basic compensation.’’.

SEC. 6226. COMPETITIVE LOCAL COMPENSATION PLAN.

(a) E

STABLISHMENT AND

MPLEMENTATION OF

REVAILING

AGE

ATES

OAL

.—Section 401(a) of the Department of State Authorities

Act, fiscal year 2017 (22 U.S.C. 3968a(a)) is amended in the matter

preceding paragraph (1), by striking ‘‘periodically’’ and inserting

‘‘every 3 years’’.

(b) R

EPORT

.—Not later than one year after the date of the

enactment of this division, the Secretary shall submit to the appro-

priate congressional committees, the Committee on Appropriations

of the Senate, and the Committee on Appropriations of the House

of Representatives a report that includes—

(1) compensation (including position classification) plans

for locally employed staff based upon prevailing wage rates

and compensation practices for corresponding types of positions

in the locality of employment; and

(2) an assessment of the feasibility and impact of changing

the prevailing wage rate goal for positions in the local com-

pensation plan from the 50th percentile to the 75th percentile.

SEC. 6227. SUPPORTING TANDEM SPOUSES IN THE FOREIGN SERVICE.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

22 USC 3982

note.

Assessment.

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137 STAT. 981 PUBLIC LAW 118–31—DEC. 22, 2023

(1) challenges finding and maintaining spousal employment

and family dissatisfaction are one of the leading reasons

employees cite for leaving the Department;

(2) tandem Foreign Service personnel represent important

members of the Foreign Service community, who act as force

multipliers for our diplomacy;

(3) the Department can and should do more to keep tandem

spouses posted together and consider family member employ-

ment needs when assigning tandem officers; and

(4) common sense steps providing more flexibility in the

assignments process would improve outcomes for tandem offi-

cers without disadvantaging other Foreign Service Officers.

(b) D

EFINITIONS

.—In this section:

(1) F

AMILY TOGETHERNESS

.—The term ‘‘family together-

ness’’ means facilitating the placement of Foreign Service per-

sonnel at the same United States diplomatic post when both

spouses are members of a tandem couple of Foreign Service

personnel.

(2) T

ANDEM FOREIGN SERVICE PERSONNEL

;

TANDEM

.—The

terms ‘‘tandem Foreign Service personnel’’ and ‘‘tandem’’ mean

a member of a couple of which one spouse is a career or

career candidate employee of the Foreign Service and the other

spouse is a career or career candidate employee of the Foreign

Service or an employee of one of the agencies authorized to

use the Foreign Service Personnel System under section 202

of the Foreign Service Act of 1980 (22 U.S.C. 3922).

AMILY

OGETHERNESS IN

SSIGNMENTS

.—Not later than

90 days after the date of enactment of this division, the Department

shall amend and update its policies to further promote the principle

of family togetherness in the Foreign Service, which shall include

the following:

(1) E

NTRY

LEVEL FOREIGN SERVICE PERSONNEL

.—The Sec-

retary shall adopt policies and procedures to facilitate the

assignment of entry-level tandem Foreign Service personnel

on directed assignments to the same diplomatic post or country

as their tandem spouse if they request to be assigned to the

same post or country. The Secretary shall also provide a written

justification to the requesting personnel explaining any denial

of a request that would result in tandem spouses not serving

together at the same post or country.

(2) T

ENURED FOREIGN SERVICE PERSONNEL

.—The Secretary

shall add family togetherness to the criteria when making

a needs of the Service determination, as defined by the Foreign

Affairs Manual, for the placement of tenured tandem Foreign

Service personnel at United States diplomatic posts.

(3) U

PDATES TO ANTINEPOTISM POLICY

.—The Secretary shall

update antinepotism policies so that nepotism rules only apply

when an employee and a relative are placed into positions

wherein they jointly and exclusively control government

resources, property, or money or establish government policy.

(4) T

EMPORARY SUPERVISION OF TANDEM SPOUSE

.—The Sec-

retary shall update policies to allow for a tandem spouse to

temporarily supervise another tandem spouse for up to 90

days in a calendar year, including at a United States diplomatic

mission.

(d) R

EPORT

.—Not later than 90 days after the date of enactment

of this division, and annually thereafter for two years, the Secretary

Determination.

Procedures.

Deadline.

Updates.

Policies.

Time periods.

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137 STAT. 982 PUBLIC LAW 118–31—DEC. 22, 2023

shall submit to the appropriate congressional committees a report

that includes—

(1) the number of Foreign Service tandem spouses currently

serving;

(2) the number of Foreign Service tandems currently

serving in separate locations, or, to the extent possible, that

are on leave without pay (LWOP); and

(3) an estimate of the cost savings that would result if

all Foreign Service tandem spouses were placed at a single

post.

SEC. 6228. ACCESSIBILITY AT DIPLOMATIC MISSIONS.

Not later than 180 days after the date of the enactment of

this division, the Department shall submit to the appropriate

congressional committees, the Committee on Appropriations of the

Senate, and the Committee on Appropriations of the House of

Representatives a report that includes—

(1) a list of the overseas United States diplomatic missions

that, as of the date of the enactment of this division, are

not readily accessible to and usable by individuals with disabil-

ities;

(2) any efforts in progress to make such missions readily

accessible to and usable by individuals with disabilities; and

(3) an estimate of the cost to make all such missions

readily accessible to and usable by individuals with disabilities.

SEC. 6229. REPORT ON BREASTFEEDING ACCOMMODATIONS OVER-

SEAS.

Not later than 180 days after the date of the enactment of

this division, the Secretary shall submit to the appropriate congres-

sional committees a report that includes—

(1) a detailed report on the Department’s efforts to equip

100 percent of United States embassies and consulates with

dedicated lactation spaces, other than bathrooms, that are

shielded from view and free from intrusion from coworkers

and the public for use by employees, including the expected

demand for such spaces as well as the status of such rooms

when there is no demand for such space; and

(2) a description of costs and other resources needed to

provide such spaces.

SEC. 6230. DETERMINING THE EFFECTIVENESS OF KNOWLEDGE

TRANSFERS BETWEEN FOREIGN SERVICE OFFICERS.

The Secretary shall assess the effectiveness of knowledge trans-

fers between Foreign Service Officers who are departing from over-

seas positions and Foreign Service Officers who are arriving at

such positions, and make recommendations for approving such

knowledge transfers, as appropriate, by—

(1) not later than 90 days after the date of the enactment

of this division, conducting a written survey of a representative

sample of Foreign Service Officers working in overseas assign-

ments that analyzes the effectiveness of existing mechanisms

to facilitate transitions, including training, mentorship,

information technology, knowledge management, relationship

building, the role of locally employed staff, and organizational

culture; and

(2) not later than 120 days after the date of the enactment

of this division, submitting to the appropriate congressional

Reports.

Summary.

Deadline.

Survey.

Assessment.

Recommenda-

tions.

Analysis.

Cost estimate.

List.

Reports.

Cost estimate.

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137 STAT. 983 PUBLIC LAW 118–31—DEC. 22, 2023

committees a report that includes a summary and analysis

of results of the survey conducted pursuant to paragraph (1)

that—

(A) identifies best practices and areas for improvement;

(B) describes the Department’s methodology for deter-

mining which Foreign Service Officers should receive famil-

iarization trips before arriving at a new post;

the Department should take to maximize effective knowl-

edge transfer between Foreign Service Officers;

(D) identifies any steps taken, or intended to be taken,

to implement such recommendations, including any addi-

tional resources or authorities necessary to implement such

recommendations; and

(E) provides recommendations to Congress for legisla-

tive action to advance the priority described in subpara-

graph (C).

SEC. 6231. EDUCATION ALLOWANCE FOR DEPENDENTS OF DEPART-

MENT OF STATE EMPLOYEES LOCATED IN UNITED

STATES TERRITORIES.

(a) I

ENERAL

.—An individual employed by the Department

at a location described in subsection (b) shall be eligible for a

cost-of-living allowance for the education of the dependents of such

employee in an amount that does not exceed the educational allow-

ance authorized by the Secretary of Defense for such location.

(b) L

OCATION

ESCRIBED

.—A location is described in this sub-

section if—

(1) such location is in a territory of the United States;

and

(2) the Secretary of Defense has determined that schools

available in such location are unable to adequately provide

for the education of—

(A) dependents of members of the Armed Forces; or

(B) dependents of employees of the Department of

Defense.

SEC. 6232. OVERTIME PAY EXCEPTION FOR PROTECTIVE SERVICES.

(a) C

OVERED

MPLOYEE

EFINED

.—In this section, the term

‘‘covered employee’’ means any individual employed by, and con-

ducting protective services on behalf of, the Diplomatic Security

Service for an individual.

(b) E

XCEPTION TO THE

IMITATION ON

REMIUM

AY FOR

ROTECTIVE

ERVICES

.—Notwithstanding the restrictions contained

in section 5547 of title 5, United States Code, any covered employee

may receive premium pay for overtime officially ordered or approved

and performed while conducting protective security functions in

excess of the annual equivalent of the limitation on the rate of

pay contained in section 5547(a) of such title, except that such

premium pay shall not be payable to an employee to the extent

that such aggregate amount would exceed the rate of basic pay

payable for a position at level II of the Executive Schedule under

section 5313 of such title.

REATMENT OF

DDITIONAL

.—If the application of sub-

section (b) results in the payment of additional premium pay to

a covered employee of a type that is normally creditable as basic

pay for retirement or any other purpose, that additional pay shall

not—

5 USC 5547 note.

Determination.

22 USC 2701a.

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137 STAT. 984 PUBLIC LAW 118–31—DEC. 22, 2023

(1) be considered to be basic pay of the covered employee

for any purpose; or

(2) be used in computing a lump-sum payment to the

covered employee for accumulated and accrued annual leave

under section 5551 or section 5552 of title 5, United States

Code.

(d) A

GGREGATE

IMIT

.—With respect to the application of sec-

tion 5307 of title 5, United States Code, the payment of any addi-

tional premium pay to a covered employee as a result of subsection

(b) shall not be counted as part of the aggregate compensation

of the covered employee.

(e) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this division, the Secretary shall submit

to the appropriate committees of Congress a report describing

the steps the Department is taking to address the increased

protective service demands placed upon individuals by the Dip-

lomatic Security Service.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following elements:

(A) An analysis of the current operational demands

and staffing levels.

(B) Recommended strategies for reducing overtime

requirements, including—

(i) hiring additional personnel;

(ii) solutions such that sufficient resources are

available throughout each year without the need for

waivers of premium pay limitations;

(iii) redistribution of workload; and

(iv) other improvements in operational efficiency.

(3) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘‘appropriate committees of Congress’’

means—

(A) the appropriate congressional committees;

(B) the Committee on Homeland Security and Govern-

mental Affairs and the Committee on Appropriations of

the Senate; and

and the Committee on Appropriations of the House of Rep-

resentatives.

(f) E

FFECTIVE

ATE

.—This section shall take effect as if enacted

on Jan 1, 2023.

(g) S

UNSET

.—This section shall terminate on December 31,

2025.

TITLE LXIII—INFORMATION SECURITY

AND CYBER DIPLOMACY

SEC. 6301. DATA-INFORMED DIPLOMACY.

(a) F

INDINGS

.—Congress makes the following findings:

(1) In a rapidly evolving and digitally interconnected global

landscape, access to and maintenance of reliable, readily avail-

able data is key to informed decisionmaking and diplomacy

and therefore should be considered a strategic asset.

(2) In order to achieve its mission in the 21st century,

the Department must adapt to these trends by maintaining

Recommenda-

tions.

Strategies.

Analysis.

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137 STAT. 985 PUBLIC LAW 118–31—DEC. 22, 2023

and providing timely access to high-quality data at the time

and place needed, while simultaneously cultivating a data-

savvy workforce.

(3) Leveraging data science and data analytics has the

potential to improve the performance of the Department’s

workforce by providing otherwise unknown insights into pro-

gram deficiencies, shortcomings, or other gaps in analysis.

(4) While innovative technologies such as artificial intel-

ligence and machine learning have the potential to empower

the Department to analyze and act upon data at scale, systema-

tized, sustainable data management and information synthesis

remain a core competency necessary for data-driven decision-

making.

(5) The goals set out by the Department’s Enterprise Data

Council (EDC) as the areas of most critical need for the Depart-

ment, including Cultivating a Data Culture, Accelerating

Decisions through Analytics, Establishing Mission-Driven Data

Management, and Enhancing Enterprise Data Governance, are

laudable and will remain critical as the Department develops

into a data-driven agency.

(b) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the Department should prioritize the recruitment and

retainment of top data science talent in support of its data-

informed diplomacy efforts as well as its broader modernization

agenda; and

(2) the Department should strengthen data fluency among

its workforce, promote data collaboration across and within

its bureaus, and enhance its enterprise data oversight.

SEC. 6302. ESTABLISHMENT AND EXPANSION OF THE BUREAU CHIEF

DATA OFFICER PROGRAM.

(a) B

UREAU

HIEF

ATA

FFICER

ROGRAM

.—

(1) E

STABLISHMENT

.—The Secretary shall establish a pro-

gram, which shall be known as the ‘‘Bureau Chief Data Officer

Program’’ (referred to in this section as the ‘‘Program’’), over-

seen by the Department’s Chief Data Officer. The Bureau Chief

Data Officers hired under this program shall report to their

respective Bureau leadership.

(2) G

OALS

.—The goals of the Program shall include the

following:

(A) Cultivating a data culture by promoting data flu-

ency and data collaboration across the Department.

(B) Promoting increased data analytics use in critical

decisionmaking areas.

(D) Increasing efficiencies across the Department by

incentivizing acquisition of enterprise data solutions and

subscription data services to be shared across bureaus and

offices and within bureaus.

(b) I

MPLEMENTATION

LAN

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this division, the Secretary shall submit

to the appropriate committees of Congress an implementation

plan that outlines strategies for—

(A) advancing the goals described in subsection (a)(2);

(B) hiring Bureau Chief Data Officers at the GS-14

or GS-15 grade or a similar rank;

Deadline.

Strategies.

22 USC 2651a

note.

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137 STAT. 986 PUBLIC LAW 118–31—DEC. 22, 2023

to each bureau of the Department; and

(D) allocation of necessary resources to sustain the

Program.

(2) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘‘appropriate committees of Congress’’

means—

(A) the appropriate congressional committees;

(B) the Committee on Homeland Security and Govern-

mental Affairs and the Committee on Appropriations of

the Senate; and

and the Committee on Appropriations of the House of Rep-

resentatives.

SSIGNMENT

.—In implementing the Bureau Chief Data

Officer Program, bureaus may not dual-hat currently employed

personnel as Bureau Chief Data Officers.

(d) A

NNUAL

EPORTING

EQUIREMENT

.—Not later than 180

days after the date of the enactment of this division, and annually

thereafter for the following 3 years, the Secretary shall submit

a report to the appropriate congressional committees regarding

the status of the implementation plan required under subsection

(b).

SEC. 6303. ESTABLISHMENT OF THE CHIEF ARTIFICIAL INTELLIGENCE

OFFICER OF THE DEPARTMENT OF STATE.

Section 1 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2651a) is amended by adding at the end the

following new subsection:

‘‘(n) C

HIEF

RTIFICIAL

NTELLIGENCE

FFICER

.—

‘‘(1) I

N GENERAL

.—There shall be within the Department

of State a Chief Artificial Intelligence Officer, which may be

dual-hatted as the Department’s Chief Data Officer, who shall

be a member of the Senior Executive Service.

‘‘(2) D

UTIES DESCRIBED

.—The principal duties and respon-

sibilities of the Chief Artificial Intelligence Officer shall be—

‘‘(A) to evaluate, oversee, and, if appropriate, facilitate

the responsible adoption of artificial intelligence (AI) and

machine learning applications to help inform decisions by

policymakers and to support programs and management

operations of the Department of State; and

‘‘(B) to act as the principal advisor to the Secretary

of State on the ethical use of AI and advanced analytics

in conducting data-informed diplomacy.

‘‘(3) Q

UALIFICATIONS

.—The Chief Artificial Intelligence

Officer should be an individual with demonstrated skill and

competency in—

‘‘(A) the use and application of data analytics, AI,

and machine learning; and

‘‘(B) transformational leadership and organizational

change management, particularly within large, complex

organizations.

‘‘(4) P

ARTNER WITH THE CHIEF INFORMATION OFFICER ON

SCALING ARTIFICIAL INTELLIGENCE USE CASES

.—To ensure align-

ment between the Chief Artificial Intelligence Officer and the

Chief Information Officer, the Chief Information Officer will

consult with the Chief Artificial Intelligence Officer on best

Consultation.

Time period.

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137 STAT. 987 PUBLIC LAW 118–31—DEC. 22, 2023

practices for rolling out and scaling AI capabilities across the

Bureau of Information and Resource Management’s broader

portfolio of software applications.

‘‘(5) A

RTIFICIAL INTELLIGENCE DEFINED

.—In this subsection,

the term ‘artificial intelligence’ has the meaning given the

term in section 238(g) of the National Defense Authorization

Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001

note).’’.

SEC. 6304. STRENGTHENING THE CHIEF INFORMATION OFFICER OF

THE DEPARTMENT OF STATE.

(a) I

ENERAL

.—The Chief Information Officer of the Depart-

ment shall be consulted on all decisions to approve or disapprove,

significant new unclassified information technology expenditures,

including software, of the Department, including expenditures

related to information technology acquired, managed, and main-

tained by other bureaus and offices within the Department, in

order to—

(1) encourage the use of enterprise software and informa-

tion technology solutions where such solutions exist or can

be developed in a timeframe and manner consistent with

maintaining and enhancing the continuity and improvement

of Department operations;

(2) increase the bargaining power of the Department in

acquiring information technology solutions across the Depart-

ment;

(3) reduce the number of redundant Authorities to Operate

(ATO), which, instead of using one ATO-approved platform

across bureaus, requires multiple ATOs for software use cases

across different bureaus;

(4) enhance the efficiency, reduce redundancy, and increase

interoperability of the use of information technology across

the enterprise of the Department;

(5) enhance training and alignment of information tech-

nology personnel with the skills required to maintain systems

across the Department;

(6) reduce costs related to the maintenance of, or effectuate

the retirement of, legacy systems;

(7) ensure the development and maintenance of security

protocols regarding the use of information technology solutions

and software across the Department; and

(8) improve end-user training on the operation of informa-

tion technology solutions and to enhance end-user cybersecurity

practices.

(b) S

TRATEGY AND

MPLEMENTATION

LAN

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this division, the Chief Information Officer

of the Department shall develop, in consultation with relevant

bureaus and offices as appropriate, a strategy and a 5-year

implementation plan to advance the objectives described in

subsection (a).

(2) C

ONSULTATION

.—No later than one year after the date

of the enactment of this division, the Chief Information Officer

shall submit the strategy required by this subsection to the

appropriate congressional committees and shall consult with

the appropriate congressional committees, not less than on

Time period.

Deadlines.

Consultation.

22 USC 2684b.

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137 STAT. 988 PUBLIC LAW 118–31—DEC. 22, 2023

an annual basis for 5 years, regarding the progress related

to the implementation plan required by this subsection.

MPROVEMENT

LAN FOR THE

UREAU FOR

NFORMATION

ESOURCES

ANAGEMENT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this division, the Chief Information Officer

shall develop policies and protocols to improve the customer

service orientation, quality and timely delivery of information

technology solutions, and training and support for bureau and

office-level information technology officers.

(2) S

URVEY

.—Not later than one year after the date of

the enactment of this division, and annually thereafter for

five years, the Chief Information Officer shall undertake a

client satisfaction survey of bureau information technology offi-

cers to obtain feedback on metrics related to—

(A) customer service orientation of the Bureau of

Information Resources Management;

(B) quality and timelines of capabilities delivered;

solutions;

(D) training and support for senior bureau and office-

level information technology officers; and

(E) other matters which the Chief Information Officer,

in consultation with client bureaus and offices, determines

appropriate.

(3) S

UBMISSION OF FINDINGS

.—Not later than 60 days after

completing each survey required under paragraph (2), the Chief

Information Officer shall submit a summary of the findings

to the appropriate congressional committees, the Committee

on Homeland Security and Governmental Affairs of the Senate,

and the Committee on Oversight and Accountability of the

House of Representatives.

(d) S

IGNIFICANT

XPENDITURE

EFINED

.—For purposes of this

section, the term ‘‘significant expenditure’’ means any cumulative

expenditure in excess of $250,000 total in a single fiscal year

for a new unclassified software or information technology capability.

(e) R

ULE OF

ONSTRUCTION

.—Nothing in this section may be

construed—

(1) to alter the authorities of the United States Office

of Management and Budget, Office of the National Cyber

Director, the Department of Homeland Security, or the Cyberse-

curity and Infrastructure Security Agency with respect to Fed-

eral information systems; or

(2) to alter the responsibilities and authorities of the Chief

Information Officer of the Department as described in titles

40 or 44, United States Code, or any other law defining or

assigning responsibilities or authorities to Federal Chief

Information Officers.

SEC. 6305. SENSE OF CONGRESS ON STRENGTHENING ENTERPRISE

GOVERNANCE.

It is the sense of Congress that in order to modernize the

Department, enterprise-wide governance regarding budget and

finance, information technology, and the creation, analysis, and

use of data across the Department is necessary to better align

resources to strategy, including evaluating trade-offs, and to

enhance efficiency and security in using data and technology as

Summary.

Time period.

Policies.

Protocols.

Deadlines.

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137 STAT. 989 PUBLIC LAW 118–31—DEC. 22, 2023

tools to inform and evaluate the conduct of United States foreign

policy.

SEC. 6306. DIGITAL CONNECTIVITY AND CYBERSECURITY PARTNER-

SHIP.

(a) D

IGITAL

ONNECTIVITY AND

YBERSECURITY

ARTNERSHIP

.—

The Secretary is authorized to establish a program, which may

be known as the ‘‘Digital Connectivity and Cybersecurity Partner-

ship’’, to help foreign countries—

(1) expand and increase secure internet access and digital

infrastructure in emerging markets, including demand for and

availability of high-quality information and communications

technology (ICT) equipment, software, and services;

(2) protect technological assets, including data;

(3) adopt policies and regulatory positions that foster and

encourage open, interoperable, reliable, and secure internet,

the free flow of data, multi-stakeholder models of internet

governance, and pro-competitive and secure ICT policies and

regulations;

(4) access United States exports of ICT goods and services;

(5) expand interoperability and promote the diversification

of ICT goods and supply chain services to be less reliant on

imports from the People’s Republic of China;

(6) promote best practices and common standards for a

national approach to cybersecurity; and

(7) advance other priorities consistent with paragraphs (1)

through (6), as determined by the Secretary.

(b) U

SE OF

UNDS

.—Funds made available to carry out this

section may be used to strengthen civilian cybersecurity and

information and communications technology capacity, including

participation of foreign law enforcement and military personnel

in non-military activities, notwithstanding any other provision of

law, provided that such support is essential to enabling civilian

and law enforcement of cybersecurity and information and commu-

nication technology related activities in their respective countries.

MPLEMENTATION

LAN

.—Not later than 180 days after the

date of the enactment of this division, the Secretary shall submit

to the appropriate congressional committees, the Committee on

Homeland Security and Governmental Affairs of the Senate, and

the Committee on Oversight and Accountability of the House of

Representatives an implementation plan for the coming year to

advance the goals identified in subsection (a).

(d) C

ONSULTATION

.—In developing and operationalizing the

implementation plan required under subsection (c), the Secretary

shall consult with—

(1) the appropriate congressional committees, the Com-

mittee on Appropriations of the Senate, and the Committee

on Appropriations of the House of Representatives;

(2) United States industry leaders;

(3) other relevant technology experts, including the Open

Technology Fund;

(4) representatives from relevant United States Govern-

ment agencies; and

(5) representatives from like-minded allies and partners.

(e) A

UTHORIZATION OF

PPROPRIATIONS

.—For the purposes of

carrying out this section, funds authorized to be appropriated to

carry out chapter 4 of part II of the Foreign Assistance Act of

Deadline.

Time period.

Determination.

22 USC 10307.

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137 STAT. 990 PUBLIC LAW 118–31—DEC. 22, 2023

1961 (22 U.S.C. 2346 et seq.) may be made available, notwith-

standing any other provision of law to strengthen civilian cybersecu-

rity and information and communications technology capacity,

including for participation of foreign law enforcement and military

personnel in non-military activities, and for contributions to inter-

national organizations and international financial institutions of

which the United States is a member. Such funds shall remain

available until expended.

SEC. 6307. ESTABLISHMENT OF A CYBERSPACE, DIGITAL

CONNECTIVITY, AND RELATED TECHNOLOGIES (CDT)

FUND.

Part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2301

et seq.) is amended by adding at the end the following new chapter:

‘‘CHAPTER 10—CYBERSPACE, DIGITAL CONNECTIVITY,

AND RELATED TECHNOLOGIES (CDT) FUND

‘‘SEC. 591. FINDINGS.

‘‘Congress makes the following findings:

‘‘(1) Increasingly digitized and interconnected social, polit-

ical, and economic systems have introduced new vulnerabilities

for malicious actors to exploit, which threatens economic and

national security.

‘‘(2) The rapid development, deployment, and integration

of information and communication technologies into all aspects

of modern life bring mounting risks of accidents and malicious

activity involving such technologies, and their potential con-

sequences.

‘‘(3) Because information and communication technologies

are globally manufactured, traded, and networked, the economic

and national security of the United State depends greatly on

cybersecurity practices of other actors, including other coun-

tries.

‘‘(4) United States assistance to countries and international

organizations to bolster civilian capacity to address national

cybersecurity and deterrence in cyberspace can help—

‘‘(A) reduce vulnerability in the information and

communication technologies ecosystem; and

‘‘(B) advance national and economic security objectives.

‘‘SEC. 592. AUTHORIZATION OF ASSISTANCE AND FUNDING FOR CYBER-

SPACE, DIGITAL CONNECTIVITY, AND RELATED TECH-

NOLOGIES (CDT) CAPACITY BUILDING ACTIVITIES.

‘‘(a) A

UTHORIZATION

.—The Secretary of State is authorized to

provide assistance to foreign governments and organizations,

including national, regional, and international institutions, on such

terms and conditions as the Secretary may determine, in order

to—

‘‘(1) advance a secure and stable cyberspace;

‘‘(2) protect and expand trusted digital ecosystems and

connectivity;

‘‘(3) build the cybersecurity capacity of partner countries

and organizations; and

‘‘(4) ensure that the development of standards and the

deployment and use of technology supports and reinforces

human rights and democratic values, including through the

Digital Connectivity and Cybersecurity Partnership.

Determination.

22 USC

2349cc–1.

22 USC 2349cc.

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137 STAT. 991 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(b) S

COPE OF

SES

.—Assistance under this section may include

programs to—

‘‘(1) advance the adoption and deployment of secure and

trustworthy information and communications technology (ICT)

infrastructure and services, including efforts to grow global

markets for secure ICT goods and services and promote a

more diverse and resilient ICT supply chain;

‘‘(2) provide technical and capacity building assistance to—

‘‘(A) promote policy and regulatory frameworks that

create an enabling environment for digital connectivity and

a vibrant digital economy;

‘‘(B) ensure technologies, including related new and

emerging technologies, are developed, deployed, and used

in ways that support and reinforce democratic values and

human rights;

‘‘(C) promote innovation and competition; and

‘‘(D) support digital governance with the development

of rights-respecting international norms and standards;

‘‘(3) help countries prepare for, defend against, and respond

to malicious cyber activities, including through—

‘‘(A) the adoption of cybersecurity best practices;

‘‘(B) the development of national strategies to enhance

cybersecurity;

‘‘(C) the deployment of cybersecurity tools and services

to increase the security, strength, and resilience of net-

works and infrastructure;

‘‘(D) support for the development of cybersecurity

watch, warning, response, and recovery capabilities,

including through the development of cybersecurity

incident response teams;

‘‘(E) support for collaboration with the Cybersecurity

and Infrastructure Security Agency (CISA) and other rel-

evant Federal agencies to enhance cybersecurity;

‘‘(F) programs to strengthen allied and partner govern-

ments’ capacity to detect, investigate, deter, and prosecute

cybercrimes;

‘‘(G) programs to provide information and resources

to diplomats engaging in discussions and negotiations

around international law and capacity building measures

related to cybersecurity;

‘‘(H) capacity building for cybersecurity partners,

including law enforcement and military entities as

described in subsection (f);

‘‘(I) programs that enhance the ability of relevant

stakeholders to act collectively against shared cybersecurity

threats;

‘‘(J) the advancement of programs in support of the

Framework of Responsible State Behavior in Cyberspace;

and

‘‘(K) the fortification of deterrence instruments in

cyberspace; and

‘‘(4) such other purpose and functions as the Secretary

of State may designate.

‘‘(c) R

ESPONSIBILITY FOR

OLICY

ECISIONS AND

USTIFICA

TION

.—The Secretary of State shall be responsible for policy

decisions regarding programs under this chapter, with respect to—

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137 STAT. 992 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) whether there will be cybersecurity and digital capacity

building programs for a foreign country or entity operating

in that country;

‘‘(2) the amount of funds for each foreign country or entity;

and

‘‘(3) the scope and nature of such uses of funding.

‘‘(d) D

ETAILED

USTIFICATION FOR

SES AND

URPOSES OF

UNDS

.—The Secretary of State shall provide, on an annual basis,

a detailed justification for the uses and purposes of the amounts

provided under this chapter, including information concerning—

‘‘(1) the amounts and kinds of grants;

‘‘(2) the amounts and kinds of budgetary support provided,

if any; and

‘‘(3) the amounts and kinds of project assistance provided

for what purpose and with such amounts.

‘‘(e) A

SSISTANCE AND

UNDING

NDER

THER

UTHORITIES

.—

The authority granted under this section to provide assistance

or funding for countries and organizations does not preclude the

use of funds provided to carry out other authorities also available

for such purpose.

‘‘(f) A

VAILABILITY OF

UNDS

.—Amounts appropriated to carry

out this chapter may be used, notwithstanding any other provision

of law, to strengthen civilian cybersecurity and information and

communications technology capacity, including participation of for-

eign law enforcement and military personnel in non-military activi-

ties, and for contributions to international organizations and inter-

national financial institutions of which the United States is a

member, provided that such support is essential to enabling civilian

and law enforcement of cybersecurity and information and commu-

nication technology related activities in their respective countries.

‘‘(g) N

OTIFICATION

EQUIREMENTS

.—Funds made available

under this section shall be obligated in accordance with the proce-

dures applicable to reprogramming notifications pursuant to section

634A of this Act.

‘‘SEC. 593. REVIEW OF EMERGENCY ASSISTANCE CAPACITY.

‘‘(a) I

ENERAL

.—The Secretary of State, in consultation as

appropriate with other relevant Federal departments and agencies

is authorized to conduct a review that—

‘‘(1) analyzes the United States Government’s capacity to

promptly and effectively deliver emergency support to countries

experiencing major cybersecurity and ICT incidents;

‘‘(2) identifies relevant factors constraining the support

referred to in paragraph (1); and

‘‘(3) develops a strategy to improve coordination among

relevant Federal agencies and to resolve such constraints.

‘‘(b) R

EPORT

.—Not later than one year after the date of the

enactment of this chapter, the Secretary of State shall submit

to the Committee on Foreign Relations and the Committee on

Homeland Security and Governmental Affairs of the Senate and

the Committee on Foreign Affairs and the Committee on Oversight

and Accountability of the House of Representatives a report that

contains the results of the review conducted pursuant to subsection

(a).

Strategy.

Analysis.

22 USC

2349cc–2.

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137 STAT. 993 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘SEC. 594. AUTHORIZATION OF APPROPRIATIONS.

‘‘There is authorized to be appropriated $150,000,000 during

the 5-year period beginning on October 1, 2023, to carry out the

purposes of this chapter.’’.

SEC. 6308. CYBER PROTECTION SUPPORT FOR PERSONNEL OF THE

DEPARTMENT OF STATE IN POSITIONS HIGHLY VULNER-

ABLE TO CYBER ATTACK.

(a) D

EFINITIONS

.—In this section:

(1) A

RISK PERSONNEL

.—The term ‘‘at-risk personnel’’

means personnel of the Department—

(A) whom the Secretary determines to be highly vulner-

able to cyber attacks and hostile information collection

activities because of their positions in the Department;

and

(B) whose personal technology devices or personal

accounts are highly vulnerable to cyber attacks and hostile

information collection activities.

(2) P

ERSONAL ACCOUNTS

.—The term ‘‘personal accounts’’

means accounts for online and telecommunications services,

including telephone, residential internet access, email, text and

multimedia messaging, cloud computing, social media, health

care, and financial services, used by Department personnel

outside of the scope of their employment with the Department.

(3) P

ERSONAL TECHNOLOGY DEVICES

.—The term ‘‘personal

technology devices’’ means technology devices used by personnel

of the Department outside of the scope of their employment

with the Department, including networks to which such devices

connect.

(b) R

EQUIREMENT TO

ROVIDE

YBER

ROTECTION

UPPORT

.—

The Secretary, in consultation with the Secretary of Homeland

Security and the Director of National Intelligence, as appropriate—

(1) shall offer cyber protection support for the personal

technology devices and personal accounts of at-risk personnel;

and

(2) may provide the support described in paragraph (1)

to any Department personnel who request such support.

ATURE OF

YBER

ROTECTION

UPPORT

.—Subject to the

availability of resources, the cyber protection support provided to

personnel pursuant to subsection (b) may include training, advice,

assistance, and other services relating to protection against cyber

attacks and hostile information collection activities.

(d) P

RIVACY

ROTECTIONS FOR

ERSONAL

EVICES

.—The

Department is prohibited pursuant to this section from accessing

or retrieving any information from any personal technology device

or personal account of Department employees unless—

(1) access or information retrieval is necessary for carrying

out the cyber protection support specified in this section; and

(2) the Department has received explicit consent from the

employee to access a personal technology device or personal

account prior to each time such device or account is accessed.

(e) R

ULE OF

ONSTRUCTION

.—Nothing in this section may be

construed—

(1) to encourage Department personnel to use personal

technology devices for official business; or

Determination.

22 USC 10308.

Time period.

22 USC

2349cc–3.

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137 STAT. 994 PUBLIC LAW 118–31—DEC. 22, 2023

(2) to authorize cyber protection support for senior Depart-

ment personnel using personal devices, networks, and personal

accounts in an official capacity.

(f) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this division, the Secretary shall submit

to the appropriate committees of Congress a report regarding

the provision of cyber protection support pursuant to subsection

(b), which shall include—

(A) a description of the methodology used to make

the determination under subsection (a)(1); and

(B) guidance for the use of cyber protection support

and tracking of support requests for personnel receiving

cyber protection support pursuant to subsection (b).

(2) A

PPROPRIATE COMMITTEES OF CONGRESS DEFINED

.—In

this subsection, the term ‘‘appropriate committees of Congress’’

means—

(A) the appropriate congressional committees;

(B) the Select Committee on Intelligence and the Com-

mittee on Homeland Security and Governmental Affairs

of the Senate; and

and the Committee on Oversight and Accountability of

the House of Representatives.

SEC. 6309. IMPLEMENTATION OF GAO HIGH RISK LIST RECOMMENDA-

TIONS.

(a) I

ENERAL

.—The Secretary shall implement the Govern-

ment Accountability Office’s High Risk List recommendations as

applicable to the Department for the following activities:

(1) Improving the management of IT acquisitions and oper-

ations.

(2) Improving strategic human capital management.

(3) Managing Federal real property.

(4) Ensuring the cybersecurity of the nation.

(5) Managing government-wide personnel security clear-

ance process.

(b) R

EPORT

.—Not later than 90 days after the date of the

enactment of this division, the Secretary shall submit to the appro-

priate congressional committees a report on the Department’s

progress in implementing all of the Government Accountability

Office’s High Risk List recommendations as applicable to the

Department described in subsection (a).

IGH

ISK

IST

EFINED

.—In this section, the term ‘‘High

Risk List’’ refers to GAO–23–106203, the April 20, 2023, report

by the Government Accountability Office titled, ‘‘High-Risk Series:

Efforts Made to Achieve Progress Need to Be Maintained and

Expanded to Fully Address All Areas’’.

TITLE LXIV—ORGANIZATION AND

OPERATIONS

SEC. 6401. PERSONAL SERVICES CONTRACTORS.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

the Department should seek to ensure it has sufficient full-time

equivalent positions allotted to carry out its current mission,

Time periods.

22 USC 2665

note.

22 USC 2651a

note.

Guidance.

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137 STAT. 995 PUBLIC LAW 118–31—DEC. 22, 2023

working with the Office of Personnel Management and appropriate

congressional committees to that end, and that the use of personal

services contractors should not be relied upon to perform core

Department functions indefinitely.

(b) E

XIGENT

IRCUMSTANCES AND

RISIS

ESPONSE

.—To assist

the Department in addressing and responding to exigent cir-

cumstances and urgent crises abroad, the Department is authorized

to employ, domestically and abroad, a limited number of personal

services contractors in order to meet exigent needs, subject to

the requirements of this section.

UTHORITY

.—The authority to employ personal services con-

tractors is in addition to any existing authorities to enter into

personal services contracts and authority provided in the Afghani-

stan Supplemental Appropriations Act, 2022 (division C of Public

Law 117–43).

(d) E

MPLOYING AND

LLOCATION OF

ERSONNEL

.—To meet the

needs described in subsection (b) and subject to the requirements

in subsection (e), the Department may—

(1) enter into contracts to employ a total of up to 100

personal services contractors at any given time for each of

fiscal years 2024, 2025, and 2026; and

(2) allocate up to 20 personal services contractors to a

given bureau.

(e) L

IMITATION

.—Employment authorized by this section shall

not exceed two calendar years.

(f) N

OTIFICATION AND

EPORTING TO

ONGRESS

.—

(1) N

OTIFICATION

.—Not later than 15 days after the use

of authority under this section, the Secretary shall notify the

appropriate congressional committees, the Committee on Appro-

priations of the Senate, and the Committee on Appropriations

of the House of Representatives of the number of personal

services contractors being employed, the expected length of

employment, the relevant bureau, the purpose for using per-

sonal services contractors, an indication of how many personal

services contractors were previously employees of the Depart-

ment, and the justification, including the exigent circumstances

requiring such use.

(2) A

NNUAL REPORTING

.—Not later than December 1, 2024,

and annually thereafter for two years, the Department shall

submit to the appropriate congressional committees, the Com-

mittee on Appropriations of the Senate, and the Committee

on Appropriations of the House of Representatives a report

describing the number of personal services contractors

employed pursuant to this section for the prior fiscal year,

the length of employment, the relevant bureau by which they

were employed pursuant to this section, the purpose for using

personal services contractors, disaggregated demographic data

of such contractors, an indication of how many personal services

contractors were previously employees of the Department, and

the justification for the employment, including the exigent cir-

cumstances.

SEC. 6402. HARD-TO-FILL POSTS.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the number of hard-to-fill vacancies at United States

diplomatic missions is far too high, particularly in Sub-Saharan

Africa;

Demographic

data.

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137 STAT. 996 PUBLIC LAW 118–31—DEC. 22, 2023

(2) these vacancies—

(A) adversely impact the Department’s execution of

regional strategies;

(B) hinder the ability of the United States to effectively

compete with strategic competitors, such as the People’s

Republic of China and the Russian Federation; and

States; and

(3) if the Department is unable to incentivize officers to

accept hard-to-fill positions, the Department should consider

directed assignments, particularly for posts in Africa, and other

means to more effectively advance the national interests of

the United States.

(b) R

EPORT ON

EVELOPMENT OF

NCENTIVES FOR

ARD

FILL

OSTS

.—Not later than 180 days after the date of the enact-

ment of this division, the Secretary shall submit a report to the

appropriate congressional committees on efforts to develop new

incentives for hard-to-fill positions at United States diplomatic mis-

sions. The report shall include a description of the incentives devel-

oped to date and proposals to try to more effectively fill hard-

to-fill posts.

TUDY ON

EASIBILITY OF

LLOWING

-C

ONSULAR

EIGN

ERVICE

FFICERS

IVEN

IRECTED

ONSULAR

OSTS TO

UNTEER FOR

ARD

FILL

OSTS IN

NDERSTAFFED

EGIONS

.—

(1) S

TUDY

.—

(A) I

N GENERAL

.—Not later than 180 days after the

date of the enactment of this division, the Secretary shall

conduct a study on—

(i) the number of Foreign Service positions vacant

for six months or longer at overseas posts, including

for consular, political, and economic positions, over the

last five years, broken down by region, and a compari-

son of the proportion of vacancies between regions;

and

(ii) the feasibility of allowing first-tour Foreign

Service generalists in non-Consular cones, directed for

a consular tour, to volunteer for reassignment at hard-

to-fill posts in understaffed regions.

(B) M

ATTERS TO BE CONSIDERED

.—The study conducted

under subparagraph (A) shall consider whether allowing

first-tour Foreign Service generalists to volunteer as

described in such subparagraph would address current

vacancies and what impact the new mechanism would have

on consular operations.

(2) R

EPORT

.—Not later than 60 days after completing the

study required under paragraph (1), the Secretary shall submit

to the appropriate congressional committees a report containing

the findings of the study.

SEC. 6403. ENHANCED OVERSIGHT OF THE OFFICE OF CIVIL RIGHTS.

(a) R

EPORT

ITH

ECOMMENDATIONS AND

ANAGEMENT

TRUC

TURE

.—Not later than 270 days after the date of the enactment

of this division, the Secretary shall submit to the appropriate

congressional committees a report with any recommendations for

the long-term structure and management of the Office of Civil

Rights (OCR), including—

Time periods.

Deadline.

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137 STAT. 997 PUBLIC LAW 118–31—DEC. 22, 2023

(1) an assessment of the strengths and weaknesses of OCR’s

investigative processes and procedures;

(2) any changes made within OCR to its investigative proc-

esses to improve the integrity and thoroughness of its investiga-

tions; and

(3) any recommendations to improve the management

structure, investigative process, and oversight of the Office.

SEC. 6404. CRISIS RESPONSE OPERATIONS.

(a) I

ENERAL

.—Not later than 120 days after the date of

the enactment of this division, the Secretary shall institute the

following changes and ensure that the following elements have

been integrated into the ongoing crisis response management and

response by the Crisis Management and Strategy Office:

(1) The Department’s crisis response planning and oper-

ations shall conduct, maintain, and update on a regular basis

contingency plans for posts and regions experiencing or vulner-

able to conflict or emergency conditions, including armed con-

flict, natural disasters, significant political or military upheaval,

and emergency evacuations.

(2) The Department’s crisis response efforts shall be led

by an individual with significant experience responding to prior

crises, who shall be so designated by the Secretary.

(3) The Department’s crisis response efforts shall provide

at least quarterly updates to the Secretary and other relevant

senior officials, including a plan and schedule to develop contin-

gency planning for identified posts and regions consistent with

paragraph (1).

(4) The decision to develop contingency planning for any

particular post or region shall be made independent of any

regional bureau.

(5) The crisis response team shall develop and maintain

best practices for evacuations, closures, and emergency condi-

tions.

(b) U

PDATES

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this division, and every 180 days thereafter

for the next five years, the Secretary shall submit to the appro-

priate congressional committees, the Committee on Appropria-

tions of the Senate, and the Committee on Appropriations of

the House of Representatives an update outlining the steps

taken to implement this section, along with any other rec-

ommendations to improve the Department’s crisis management

and response operations.

(2) C

ONTENTS

.—Each update submitted pursuant to para-

graph (1) should include—

(A) a list of the posts whose contingency plans,

including any noncombatant evacuation contingencies, has

been reviewed and updated as appropriate during the pre-

ceding 180 days; and

(B) an assessment of the Secretary’s confidence that

each post—

(i) has continuously reached out to United States

persons in country to maintain and update contact

information for as many such persons as practicable;

and

Recommenda-

tions.

Updates.

Plan.

Schedule.

Designation.

Updates.

Contingency

plans.

Deadlines.

Time periods.

22 USC 4865

note.

Assessment.

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137 STAT. 998 PUBLIC LAW 118–31—DEC. 22, 2023

(ii) is prepared to communicate with such persons

in an emergency or crisis situation.

(3) F

ORM

.—Each update submitted pursuant to paragraph

(1) shall be submitted in unclassified form, but may include

a classified annex.

SEC. 6405. SPECIAL ENVOY TO THE PACIFIC ISLANDS FORUM.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the United States must increase its diplomatic activity

and presence in the Pacific, particularly among Pacific Island

nations; and

(2) the Special Envoy to the Pacific Islands Forum—

(A) should advance the United States partnership with

Pacific Island Forum nations and with the organization

itself on key issues of importance to the Pacific region;

and

(B) should coordinate policies across the Pacific region

with like-minded democracies.

(b) A

PPOINTMENT OF

PECIAL

NVOY TO THE

ACIFIC

SLANDS

ORUM

.—Section 1 of the State Department Basic Authorities Act

of 1956 (22 U.S.C. 2651a), as amended by section 6303, is further

amended by adding at the end the following new subsection:

‘‘(o) S

PECIAL

NVOY TO THE

ACIFIC

SLANDS

ORUM

.—

‘‘(1) A

PPOINTMENT

.—The President shall appoint, by and

with the advice and consent of the Senate, a qualified individual

to serve as Special Envoy to the Pacific Islands Forum (referred

to in this section as the ‘Special Envoy’).

‘‘(2) C

ONSIDERATIONS

.—

‘‘(A) S

ELECTION

.—The Special Envoy shall be—

‘‘(i) a United States Ambassador to a country that

is a member of the Pacific Islands Forum; or

‘‘(ii) a qualified individual who is not described

in clause (i).

‘‘(B) L

IMITATIONS

.—If the President appoints an

Ambassador to a country that is a member of the Pacific

Islands Forum to serve concurrently as the Special Envoy

to the Pacific Islands Forum, such Ambassador—

‘‘(i) may not begin service as the Special Envoy

until he or she has been confirmed by the Senate

for an ambassadorship to a country that is a member

of the Pacific Islands Forum; and

‘‘(ii) shall not receive additional compensation for

his or her service as Special Envoy.

‘‘(3) D

UTIES

.—The Special Envoy shall—

‘‘(A) represent the United States in its role as dialogue

partner to the Pacific Islands Forum; and

‘‘(B) carry out such other duties as the President or

the Secretary of State may prescribe.’’.

EPORT

.—Not later than 180 days after the date of the

enactment of this division, the Secretary shall submit a report

to the appropriate congressional committees that describes how

the Department will increase its ability to recruit and retain highly-

qualified ambassadors, special envoys, and other senior personnel

in posts in Pacific island countries as the Department expands

its diplomatic footprint throughout the region.

President.

22 USC 2651a

note.

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137 STAT. 999 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 6406. SPECIAL ENVOY FOR BELARUS.

(a) S

PECIAL

NVOY

.—The President shall appoint a Special

Envoy for Belarus within the Department (referred to in this section

as the ‘‘Special Envoy’’). The Special Envoy should be a person

of recognized distinction in the field of European security, geo-

politics, democracy and human rights, and may be a career Foreign

Service Officer.

(b) C

ENTRAL

BJECTIVE

.—The central objective of the Special

Envoy is to coordinate and promote efforts—

(1) to improve respect for the fundamental human rights

of the people of Belarus;

(2) to sustain focus on the national security implications

of Belarus’s political and military alignment for the United

States; and

(3) to respond to the political, economic, and security

impacts of events in Belarus upon neighboring countries and

the wider region.

UTIES AND

ESPONSIBILITIES

.—The Special Envoy shall—

(1) engage in discussions with Belarusian officials

regarding human rights, political, economic and security issues

in Belarus;

(2) support international efforts to promote human rights

and political freedoms in Belarus, including coordination and

dialogue between the United States and the United Nations,

the Organization for Security and Cooperation in Europe, the

European Union, Belarus, and the other countries in Eastern

Europe;

(3) consult with nongovernmental organizations that have

attempted to address human rights and political and economic

instability in Belarus;

(4) make recommendations regarding the funding of activi-

ties promoting human rights, democracy, the rule of law, and

the development of a market economy in Belarus;

(5) review strategies for improving protection of human

rights in Belarus, including technical training and exchange

programs;

(6) develop an action plan for holding to account the per-

petrators of the human rights violations documented in the

United Nations High Commissioner for Human Rights report

on the situation of human rights in Belarus in the run-up

to the 2020 presidential election and its aftermath (Human

Rights Council Resolution 49/36);

(7) engage with member countries of the North Atlantic

Treaty Organization, the Organization for Security and

Cooperation in Europe and the European Union with respect

to the implications of Belarus’s political and security alignment

for transatlantic security; and

(8) work within the Department and among partnering

countries to sustain focus on the political situation in Belarus.

(d) R

OLE

.—The position of Special Envoy—

(1) shall be a full-time position;

(2) may not be combined with any other position within

the Department;

(3) shall only exist as long as United States diplomatic

operations in Belarus at the United States Embassy in Minsk,

Belarus have been suspended;

Human rights.

President.

Appointment.

22 USC 5811

note.

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137 STAT. 1000 PUBLIC LAW 118–31—DEC. 22, 2023

(4) shall oversee the operations and personnel of the

Belarus Affairs Unit; and

(5) shall have a duty station that is co-located with the

Belarus Affairs Unit.

(e) R

EPORT ON

CTIVITIES

.—Not later than 180 days after the

date of the enactment of this division, and annually thereafter

for the following 5 years, the Secretary, in consultation with the

Special Envoy, shall submit a report to the appropriate congres-

sional committees that describes the activities undertaken pursuant

to subsection (c) during the reporting period.

(f) S

UNSET

.—The position of Special Envoy for Belarus and

the authorities provided by this section shall terminate 5 years

after the date of the enactment of this division.

SEC. 6407. PRESIDENTIAL ENVOY FOR THE ABRAHAM ACCORDS,

NEGEV FORUM, AND RELATED INTEGRATION AND

NORMALIZATION FORA AND AGREEMENTS.

Title I of the State Department Basic Authorities Act of 1956

(22 U.S.C. 2651a et seq.) is amended by adding at the end the

following new section:

‘‘SEC. 64. PRESIDENTIAL ENVOY FOR THE ABRAHAM ACCORDS, NEGEV

FORUM, AND RELATED INTEGRATION AND NORMALIZATION

FORA AND AGREEMENTS.

‘‘(a) O

FFICE

.—There is established within the Department of

State the Office of the Special Presidential Envoy for the Abraham

Accords, Negev Forum, and Related Integration and Normalization

Fora and Agreements (referred to in this section as the ‘Regional

Integration Office’).

‘‘(b) L

EADERSHIP

.—

‘‘(1) S

PECIAL ENVOY

.—The Regional Integration Office shall

be headed by the Special Presidential Envoy for the Abraham

Accords, Negev Forum, and Related Normalization Agreements,

who shall—

‘‘(A) be appointed by the President, by and with the

advice and consent of the Senate; and

‘‘(B) report directly to the Secretary of State.

‘‘(c) R

ANK AND

TATUS OF

MBASSADOR

.—The Special Envoy

shall have the rank and status of ambassador.

‘‘(d) D

UTIES

.—The Special Envoy shall—

‘‘(1) lead diplomatic engagement—

‘‘(A) to strengthen and expand the Negev Forum, the

Abraham Accords, and related normalization agreements

with Israel, including promoting initiatives that benefit

the people of key partners in regional integration or other

regional actors in order to encourage such expansion; and

‘‘(B) to support the work of regional integration;

‘‘(2) implement the policy of the United States to expand

normalization and support greater regional integration—

‘‘(A) within the Middle East and North Africa; and

‘‘(B) between the Middle East and North Africa and

other key regions, including sub-Saharan Africa, the Indo-

Pacific region, and beyond;

‘‘(3) work to deliver tangible economic and security benefits

for the citizens of Abraham Accords countries, Negev Forum

countries, and countries that are members of other related

normalization agreements;

Appointment.

Establishment.

22 USC 2735a.

Time period.

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137 STAT. 1001 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(4) serve as the ministerial liaison for the United States

to the Negev Forum and other emerging normalization and

integration fora, as necessary, and provide senior representa-

tion at events, steering committee meetings, and other relevant

diplomatic engagements relating to the Negev Forum or other

regional integration bodies;

‘‘(5) coordinate all cross-agency engagements and strategies

in support of normalization efforts with other relevant officials

and agencies;

‘‘(6) ensure that the appropriate congressional committees

are regularly informed about the work of the Regional Integra-

tion Office;

‘‘(7) initiate and advance negotiations on a framework for

an economic and security partnership with the Negev Forum

countries, other key partners in regional integration, and other

regional actors;

‘‘(8) oppose efforts to delegitimize Israel and legal barriers

to normalization with Israel;

‘‘(9) initiate negotiations with Abraham Accords countries

and Negev Forum countries, observers, and key partners in

regional integration on an economic framework that includes—

‘‘(A) improving supply chain security and resiliency;

‘‘(B) aligning common regulatory and financial stand-

ards;

‘‘(C) attracting foreign investment;

‘‘(D) diversification of energy resources, including

renewable sources of energy, and the development and

deployment of emerging and advanced technologies that

promote energy security; and

‘‘(E) digital economy, cybersecurity, and cross-border

data flow;

‘‘(10) lead interagency efforts to reach an international

agreement on the comprehensive economic framework described

in paragraph (9);

‘‘(11) endeavor to embed already established standards on

countering money laundering and terrorist financing into the

regional economic framework described in paragraph (9); and

‘‘(12) promote regional integration and broader

interconnectivity among the Abraham Accords countries, Negev

Forum countries, observers, key partners in regional integra-

tion, and other regional actors by promoting and supporting

targeted investment in regional infrastructure and other critical

sectors that broaden and deepen interconnectivity, increase

economic growth and resilience, create benefits for citizens of

Abraham Accords countries and Negev Forum countries, and

advance the national security, economic, and development

interests of the United States.

‘‘(e) L

IMITATION

.—The Special Envoy shall not be a dual-hatted

official with other responsibilities within the Department of State

or the executive branch.

‘‘(f) S

ENSE OF

ONGRESS

.—It is the sense of Congress that

whole-of-government resources should be harnessed to ensure the

successful performance by the Special Envoy of the duties described

in subsection (d).

‘‘(g) R

EPORT

.—

‘‘(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this section, and annually thereafter, the

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137 STAT. 1002 PUBLIC LAW 118–31—DEC. 22, 2023

Special Envoy shall submit to the Committee on Foreign Rela-

tions of the Senate and the Committee on Foreign Affairs

of the House of Representatives a report on actions taken

by all relevant Federal agencies—

‘‘(A) to strengthen and expand the Abraham Accords

and the work of the Negev Forum and future structures

and organizations; and

‘‘(B) towards the objectives of regional integration.

‘‘(2) F

ORM OF REPORT

.—The report required by paragraph

(1) shall be submitted in unclassified form but may contain

a separate, classified annex.

‘‘(h) S

TRATEGY

.—Not later than 180 days after the date of

the enactment of this section, the Secretary of State, in consultation

with the heads of other relevant Federal agencies, shall submit

to the Committee on Foreign Relations of the Senate and the

Committee on Foreign Affairs of the House of Representatives an

interagency strategy to use the economic tools of the Federal

Government to promote regional integration through targeted

investment as described in subsection (d)(12).

‘‘(i) T

ERMINATION

.—This section shall terminate on the date

that is 6 years after date of the enactment of the section.

‘‘(j) R

ULE OF

ONSTRUCTION

.—If, on the date of the enactment

of this section, an individual has already been designated, consistent

with the requirements and responsibilities described in subsections

(b), (c), and (d) and section 1 of this Act (22 U.S.C. 2651a), the

requirements under subsection (b) shall be considered to be satisfied

with respect to such individual until the date on which such indi-

vidual no longer serves as the Special Envoy.

‘‘(k) D

EFINITIONS

.—In this section:

‘‘(1) A

BRAHAM ACCORDS

.—The term ‘Abraham Accords’

means—

‘‘(A) the Abraham Accords Declaration, done at Wash-

ington September 15, 2020;

‘‘(B) the Abraham Accords Peace Agreement: Treaty

of Peace, Diplomatic Relations and Full Normalization

Between the United Arab Emirates and Israel, done at

Washington September 15, 2020;

‘‘(C) the Abraham Accords: Declaration of Peace,

Cooperation, and Constructive Diplomatic and Friendly

Relations, done at Washington September 15, 2020,

between Israel and the Kingdom of Bahrain; and

‘‘(D) the Joint Declaration of the Kingdom of Morocco,

the United States, and Israel, done at Rabat December

22, 2020.

‘‘(2) E

XPAND

.—The term ‘expand’, with respect to the

Abraham Accords, means to increase the number of regional,

Arab, or Muslim-majority countries that seek to normalize rela-

tions with the State of Israel.

‘‘(3) K

EY PARTNERS IN REGIONAL INTEGRATION

.—The term

‘key partners in regional integration’ means—

‘‘(A) any Abraham Accords country;

‘‘(B) Egypt;

‘‘(C) Jordan;

‘‘(D) the Kingdom of Saudi Arabia; and

‘‘(E) any other active and constructive country that

supports cooperation—

Deadline.

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137 STAT. 1003 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(i) to normalize relations between countries in

the Middle East and North Africa and Israel; and

‘‘(ii) to advance regional integration.

‘‘(4) N

EGEV FORUM

.—The term ‘Negev Forum’ means the

regional grouping known as the Negev Forum Regional

Cooperation Framework that was adopted on November 10,

2022, or any successor group.

‘‘(5) O

BSERVER

.—The term ‘observer’—

‘‘(A) means any country, particularly inside the Middle

East and North Africa region, or political entity that—

‘‘(i) directly supports the objectives and processes

of the Negev Forum;

‘‘(ii) expresses serious interest in participating in

certain projects determined by the Negev Forum that

benefit normalization with Israel and greater regional

integration; and

‘‘(iii) is not an official member of the Negev Forum

Steering Committee or any working group of the Negev

Forum; and

‘‘(B) includes 3+1 format members Cyprus and Greece.

‘‘(6) O

THER REGIONAL ACTORS

.—The term ‘other regional

actors’ means the Palestinian Authority or a credible future

political entity that serves as the interlocutor for the Pales-

tinian people.

‘‘(7) S

TRENGTHEN

.—The term ‘strengthen’, with respect to

the Abraham Accords and the Negev Forum, means to engage

in efforts that improve the diplomatic relations between

Abraham Accords countries and broaden the breadth and scope

of issues on which Abraham Accords countries cooperate.’’.

SEC. 6408. OVERSEAS PLACEMENT OF SPECIAL APPOINTMENT POSI-

TIONS.

Not later than 90 days after the date of the enactment of

this division, the Secretary shall submit to the appropriate congres-

sional committees a report on current special appointment positions

at United States diplomatic missions that do not exercise significant

authority, and all positions under schedule B or schedule C of

subpart C of part 213 of title 5, Code of Federal Regulations,

at United States diplomatic missions. The report shall include the

title and responsibilities of each position, the expected duration

of the position, the name of the individual currently appointed

to the position, and the hiring authority utilized to fill the position.

SEC. 6409. RESOURCES FOR UNITED STATES NATIONALS UNLAWFULLY

OR WRONGFULLY DETAINED ABROAD.

Section 302(d) of the Robert Levinson Hostage Recovery and

Hostage-Taking Accountability Act (22 U.S.C. 1741(d)) is amended—

(1) in the subsection heading, by striking ‘‘R

ESOURCE

UID

ANCE

’’ and inserting ‘‘R

ESOURCES FOR

NITED

TATES

ATIONALS

NLAWFULLY OR

RONGFULLY

ETAINED

BROAD

’’;

(2) in paragraph (1), by striking the paragraph heading

and all that follows through ‘‘Not later than’’ and inserting

the following:

‘‘(1) R

ESOURCE GUIDANCE

.—

‘‘(A) I

N GENERAL

.—Not later than’’;

(3) in paragraph (2), by redesignating subparagraphs (A),

(B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv), and (v),

Reports.

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137 STAT. 1004 PUBLIC LAW 118–31—DEC. 22, 2023

respectively, and moving such clauses (as so redesignated) 2

ems to the right;

(4) by redesignating paragraph (2) as subparagraph (B)

and moving such subparagraph (as so redesignated) 2 ems

to the right;

(5) in subparagraph (B), as redesignated by paragraph

(4), by striking ‘‘paragraph (1)’’ and inserting ‘‘subparagraph

(A)’’; and

(6) by adding at the end the following:

‘‘(2) T

RAVEL ASSISTANCE

.—

‘‘(A) F

AMILY ADVOCACY

.—For the purpose of facilitating

meetings between the United States Government and the

family members of United States nationals unlawfully or

wrongfully detained abroad, the Secretary shall provide

financial assistance to cover the costs of travel to and

from Washington, D.C., including travel by air, train, bus,

or other transit as appropriate, to any individual who—

‘‘(i) is—

‘‘(I) a family member of a United States

national unlawfully or wrongfully detained abroad

as determined by the Secretary under subsection

(a); or

‘‘(II) an appropriate individual who—

‘‘(aa) is approved by the Special Presi-

dential Envoy for Hostage Affairs; and

‘‘(bb) does not represent in any legal

capacity a United States national unlawfully

or wrongfully detained abroad or the family

of such United States national;

‘‘(ii) has a permanent address that is more than

50 miles from Washington, D.C.; and

‘‘(iii) requests such assistance.

‘‘(B) T

RAVEL AND LODGING

.—

‘‘(i) I

N GENERAL

.—For each such United States

national unlawfully or wrongfully detained abroad, the

financial assistance described in subparagraph (A)

shall be provided for not more than 2 trips per fiscal

year, unless the Special Presidential Envoy for Hostage

Affairs determines that a third trip is warranted.

‘‘(ii) L

IMITATIONS

.—Any trip described in clause

(i) shall—

‘‘(I) consist of not more than 2 family members

or other individuals approved in accordance with

subparagraph (A)(i)(II), unless the Special Presi-

dential Envoy for Hostage Affairs determines that

circumstances warrant an additional family

member or other individual approved in accordance

with subparagraph (A)(i)(II) and approves assist-

ance to such third family member or other indi-

vidual; and

‘‘(II) not exceed more than 2 nights lodging,

which shall not exceed the applicable government

rate.

‘‘(C) R

ETURN TRAVEL

.—If other United States Govern-

ment assistance is unavailable, the Secretary may provide

to a United States national unlawfully or wrongfully

detained abroad as determined by the Secretary under

Time periods.

Determinations.

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137 STAT. 1005 PUBLIC LAW 118–31—DEC. 22, 2023

subsection (a), United States assistance, as necessary, for

return travel to the United States upon release of such

United States national.

‘‘(3) S

UPPORT

.—

‘‘(A) I

N GENERAL

.—The Secretary shall seek to make

available physical health services, mental health services,

and other support as appropriate, including providing

information on available legal or financial resources, to—

‘‘(i) any United States national unlawfully or

wrongfully detained abroad; and

‘‘(ii) any family member of such United States

national.

‘‘(B) L

IMITATIONS

.—

‘‘(i) I

N GENERAL

.—For any support described in

subparagraph (A) for an individual described in clause

(i) or (ii) of such subparagraph that commences fol-

lowing the return of a United States national who

was unlawfully or wrongfully detained abroad, such

support shall be made available for up to 5 years

from the date on which any individual identified in

subparagraph (A) chooses to avail themselves of the

support described in that subparagraph, unless the

Special Presidential Envoy for Hostage Affairs deter-

mines that circumstances warrant extending such sup-

port.

‘‘(ii) E

XCEPTION

.—The time limitation under clause

(i) does not apply to any support provided during the

pendency of the detention of a United States national

unlawfully or wrongfully detained abroad.

‘‘(4) N

OTIFICATION REQUIREMENT

.—The Secretary shall

notify the Committee on Foreign Relations of the Senate, the

Committee on Foreign Affairs of the House of Representatives,

and the Committees on Appropriations of the Senate and the

House of Representatives of any amount spent above $250,000

for any fiscal year to carry out paragraphs (2) and (3).

‘‘(5) F

UNDING

.—Funds authorized to be appropriated for

the Department of State, which may include funds made avail-

able for unforeseen emergencies arising in the diplomatic and

consular service, may be used to provide the support authorized

by this section.

‘‘(6) R

EPORT

.—Not later than 90 days after the end of

each fiscal year, the Secretary shall submit to the Committees

on Foreign Relations and Appropriations of the Senate and

the Committee on Foreign Affairs and Appropriations of the

House of Representatives a report that includes—

‘‘(A) a detailed description of expenditures made pursu-

ant to paragraphs (2) and (3);

‘‘(B) a detailed description of types of support provided

pursuant to paragraph (3), provided that such description

does not identify any individuals receiving any physical

or mental health support, in order to protect their privacy;

and

‘‘(C) the number and location of visits outside of Wash-

ington, D.C., during the prior fiscal year made by the

Special Presidential Envoy for Hostage Affairs to family

members of each United States national unlawfully or

wrongfully detained abroad.

Time periods.

Time period.

Determination.

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137 STAT. 1006 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(7) S

UNSET

.—The authority and requirements under para-

graphs (2), (3), (4), and (5) shall terminate on December 31,

2027.

‘‘(8) F

AMILY MEMBER DEFINED

.—In this subsection, the term

‘family member’ means a spouse, father, mother, child, brother,

sister, grandparent, grandchild, aunt, uncle, nephew, niece,

cousin, father-in-law, mother-in-law, son-in-law, daughter-in-

law, brother-in-law, sister-in-law, stepfather, stepmother, step-

son, stepdaughter, stepbrother, stepsister, half brother, or half

sister.’’.

SEC. 6410. ESTABLISHMENT OF FISCAL RESPONSIBILITY AWARD.

The Under Secretary of State for Management shall establish,

in consultation with the Director of the Budget and Planning

Bureau and the Director of Global Talent, an annual departmental

award for any exemplary employee who recommends, identifies,

or adopts significant cost-saving measures for program implementa-

tion or through the reallocation of resources.

TITLE LXV—ECONOMIC DIPLOMACY

SEC. 6501. REPORT ON RECRUITMENT, RETENTION, AND PROMOTION

OF FOREIGN SERVICE ECONOMIC OFFICERS.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this division, the Secretary shall submit a report

to the appropriate congressional committees regarding the recruit-

ment, retention, and promotion of economic officers in the Foreign

Service.

(b) E

LEMENTS

.—The report required under subsection (a) shall

include—

(1) an overview of the key challenges the Department faces

in—

(A) recruiting individuals to serve as economic officers

in the Foreign Service; and

(B) retaining individuals serving as economic officers

in the Foreign Service, particularly at the level of GS–

14 of the General Schedule and higher;

(2) an overview of the key challenges in recruiting and

retaining qualified individuals to serve in economic positions

in the Civil Service;

(3) a comparison of promotion rates for economic officers

in the Foreign Service relative to other officers in the Foreign

Service;

(4) a summary of the educational history and training

of current economic officers in the Foreign Service and Civil

Service officers serving in economic positions;

(5) the identification, disaggregated by region, of hard-

to-fill posts and proposed incentives to improve staffing of eco-

nomic officers in the Foreign Service at such posts;

(6) a summary and analysis of the factors that lead to

the promotion of—

(A) economic officers in the Foreign Service; and

(B) individuals serving in economic positions in the

Civil Service; and

(7) a summary and analysis of current Department-funded

or run training opportunities and externally-funded programs,

Summary.

Analysis.

Summary.

Analysis.

Summary.

Overview.

22 USC 2651a

note.

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137 STAT. 1007 PUBLIC LAW 118–31—DEC. 22, 2023

including the Secretary’s Leadership Seminar at Harvard Busi-

ness School, for—

(A) economic officers in the Foreign Service; and

(B) individuals serving in economic positions in the

Civil Service.

SEC. 6502. MANDATE TO REVISE DEPARTMENT OF STATE METRICS

FOR SUCCESSFUL ECONOMIC AND COMMERCIAL DIPLO-

MACY.

(a) M

ANDATE TO

EVISE

EPARTMENT OF

TATE

ERFORMANCE

EASURES FOR

CONOMIC AND

OMMERCIAL

IPLOMACY

.—The Sec-

retary shall, as part of the Department’s next regularly scheduled

review on metrics and performance measures, include revisions

of Department performance measures for economic and commercial

diplomacy by identifying outcome-oriented, and not process-ori-

ented, performance metrics, including metrics that—

(1) measure how Department efforts advanced specific eco-

nomic and commercial objectives and led to successes for the

United States or other private sector actors overseas; and

(2) focus on customer satisfaction with Department services

and assistance.

(b) P

LAN FOR

NSURING

OMPLETE

ATA FOR

ERFORMANCE

EASURES

.—As part of the review required under subsection (a),

the Secretary shall include a plan for ensuring that—

(1) the Department, both at its main headquarters and

at domestic and overseas posts, maintains and fully updates

data on performance measures; and

(2) Department leadership and the appropriate congres-

sional committees can evaluate the extent to which the Depart-

ment is advancing United States economic and commercial

interests abroad through meeting performance targets.

EPORT ON

RIVATE

ECTOR

URVEYS

.—The Secretary shall

prepare a report that lists and describes all the methods through

which the Department conducts surveys of the private sector to

measure private sector satisfaction with assistance and services

provided by the Department to advance private sector economic

and commercial goals in foreign markets.

(d) R

EPORT

.—Not later than 90 days after conducting the review

pursuant to subsection (a), the Secretary shall submit to the appro-

priate congressional committees—

(1) the revised performance metrics required under sub-

section (a);

(2) the report required under subsection (c); and

(3) a report on the status of and actions taken to implement

section 708 of the Championing American Business through

Diplomacy Act of 2019 (title VII of division J of Public Law

116–94; 22 U.S.C. 9904).

SEC. 6503. DIRECTION TO EMBASSY DEAL TEAMS.

(a) P

URPOSES

.—The purposes of deal teams at United States

embassies and consulates are—

(1) to promote a private sector-led approach—

(A) to advance economic growth and job creation that

is tailored, as appropriate, to specific economic sectors;

and

(B) to advance strategic partnerships;

(2) to prioritize efforts—

22 USC 9901

note.

List.

Updates.

Review.

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137 STAT. 1008 PUBLIC LAW 118–31—DEC. 22, 2023

(A) to identify commercial and investment opportuni-

ties;

(B) to advocate for improvements in the business and

investment climate;

and

(D) to report on the activities described in subpara-

graphs (A) through (C), in accordance with the applicable

requirements under sections 706 and 707 of the Cham-

pioning American Business Through Diplomacy Act of 2019

(22 U.S.C. 9902 and 9903);

(3)(A)(i) to identify trade and investment opportunities for

United States companies in foreign markets; or

(ii) to assist with existing trade and investment

opportunities already identified by United States compa-

nies; and

(B) to deploy United States Government economic and other

tools to help such United States companies to secure their

objectives;

(4) to identify and facilitate opportunities for entities in

a host country to increase exports to, or investment in, the

United States in order to grow two-way trade and investment;

(5) to modernize, streamline, and improve access to

resources and services designed to promote increased trade

and investment opportunities;

(6) to identify and secure United States or allied govern-

ment support of strategic projects, such as ports, railways,

energy production and distribution, critical minerals develop-

ment, telecommunications networks, and other critical infra-

structure projects vulnerable to predatory investment by an

authoritarian country or entity in such country where support

or investment serves an important United States interest;

(7) to coordinate across the Unites States Government to

ensure the appropriate and most effective use of United States

Government tools to support United States economic, commer-

cial, and investment objectives; and

(8) to coordinate with the multi-agency DC Central Deal

Team, established in February 2020, on the matters described

in paragraphs (1) through (7) and other relevant matters.

(b) C

LARIFICATION

.—A deal team may be composed of the per-

sonnel comprising the mission economic team formed pursuant

to section 207 of the Foreign Service Act of 1980.

ESTRICTIONS

.—A deal team may not provide support for,

or assist a United States person with a transaction involving, a

government, or an entity owned or controlled by a government,

if the Secretary determines that such government—

(1) has repeatedly provided support for acts of international

terrorism, as described in—

(A) section 1754(c)(1)(A)(i) of the Export Control

Reform Act of 2018 (subtitle B of title XVII of Public

Law 115–232);

(B) section 620A(a) of the Foreign Assistance Act of

1961 (22 U.S.C. 2371(a));

U.S.C. 2780(d)); or

(D) any other relevant provision of law; or

Determination.

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137 STAT. 1009 PUBLIC LAW 118–31—DEC. 22, 2023

(2) has engaged in an activity that would trigger a restric-

tion under section 116(a) or 502B(a)(2) of the Foreign Assistance

Act of 1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other

relevant provision of law.

(d) F

URTHER

ESTRICTIONS

.—

(1) P

ROHIBITION ON SUPPORT OF SANCTIONED PERSONS

.—

Deal teams may not carry out activities prohibited under United

States sanctions laws or regulations, including dealings with

persons on the list of specially designated persons and blocked

persons maintained by the Office of Foreign Assets Control

of the Department of the Treasury, except to the extent other-

wise authorized by the Secretary of the Treasury or the Sec-

retary.

(2) P

ROHIBITION ON SUPPORT OF ACTIVITIES SUBJECT TO

SANCTIONS

.—Any person receiving support from a deal team

must be in compliance with all United States sanctions laws

and regulations as a condition for receiving such assistance.

(e) C

HIEF OF

ISSION

UTHORITY AND

CCOUNTABILITY

.—The

chief of mission to a foreign country—

(1) is the designated leader of a deal team in such country;

and

(2) shall be held accountable for the performance and

effectiveness of United States deal teams in such country.

(f) G

UIDANCE

ABLE

.—The Department shall send out regular

guidance on Deal Team efforts by an All Diplomatic and Consular

Posts (referred to in this section as ‘‘ALDAC’’) that—

(1) describes the role of deal teams; and

(2) includes relevant and up-to-date information to enhance

the effectiveness of deal teams in a country.

(g) C

ONFIDENTIALITY OF

NFORMATION

.—

(1) I

N GENERAL

.—In preparing the cable required under

subsection (f), the Secretary shall protect from disclosure any

proprietary information of a United States person marked as

business confidential information unless the person submitting

such information—

(A) had notice, at the time of submission, that such

information would be released by; or

(B) subsequently consents to the release of such

information.

(2) T

REATMENT AS TRADE SECRETS

.—Proprietary informa-

tion obtained by the United States Government from a United

States person pursuant to the activities of deal teams shall

be—

(A) considered to be trade secrets and commercial or

financial information (as such terms are used under section

552b(c)(4) of title 5, United States Code); and

(B) exempt from disclosure without the express

approval of the person.

(h) S

UNSET

.—The requirements under subsections (f) through

(h) shall terminate on the date that is 5 years after the date

of the enactment of this division.

SEC. 6504. ESTABLISHMENT OF A ‘‘DEAL TEAM OF THE YEAR’’ AWARD.

(a) E

STABLISHMENT

.—The Secretary shall establish a new

award, to be known as the ‘‘Deal Team of the Year Award’’, and

annually present the award to a deal team at one United States

mission in each region to recognize outstanding achievements in

22 USC 9901

note.

Exemption.

Compliance.

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137 STAT. 1010 PUBLIC LAW 118–31—DEC. 22, 2023

supporting a United States company or companies pursuing

commercial deals abroad or in identifying new deal prospects for

United States companies.

(b) A

WARD

ONTENT

.—

(1) D

EPARTMENT OF STATE

.—Each member of a deal team

receiving an award pursuant to subsection (a) shall receive

a certificate that is signed by the Secretary and—

(A) in the case of a member of the Foreign Service,

is included in the next employee evaluation report; or

(B) in the case of a Civil Service employee, is included

in the next annual performance review.

(2) O

THER FEDERAL AGENCIES

.—If an award is presented

pursuant to subsection (a) to a Federal Government employee

who is not employed by the Department, the employing agency

may determine whether to provide such employee any recogni-

tion or benefits in addition to the recognition or benefits pro-

vided by the Department.

LIGIBILITY

.—Any interagency economics team at a United

States overseas mission under chief of mission authority that assists

United States companies with identifying, navigating, and securing

trade and investment opportunities in a foreign country or that

facilitates beneficial foreign investment into the United States is

eligible for an award under this section.

(d) R

EPORT

.—Not later than the last day of the fiscal year

in which awards are presented pursuant to subsection (a), the

Secretary shall submit to the appropriate congressional committees,

the Committee on Homeland Security and Governmental Affairs

of the Senate, and the Committee on Oversight and Accountability

of the House of Representatives a report that includes—

(1) each mission receiving a Deal Team of the Year Award.

(2) the names and agencies of each awardee within the

recipient deal teams; and

(3) a detailed description of the reason such deal teams

received such award.

TITLE LXVI—PUBLIC DIPLOMACY

SEC. 6601. PUBLIC DIPLOMACY OUTREACH.

(a) C

OORDINATION OF

ESOURCES

.—The Administrator of the

United States Agency for International Development and the Sec-

retary shall direct public affairs sections at United States embassies

and USAID Mission Program Officers at USAID missions to coordi-

nate, enhance and prioritize resources for public diplomacy and

awareness campaigns around United States diplomatic and develop-

ment efforts, including through—

(1) the utilization of new media technology for maximum

public engagement; and

(2) enact coordinated comprehensive community outreach

to increase public awareness and understanding and apprecia-

tion of United States diplomatic and development efforts.

(b) D

EVELOPMENT

UTREACH AND

OORDINATION

FFICERS

.—

USAID should prioritize hiring of additional Development Outreach

and Coordination officers in USAID missions to support the pur-

poses of subsection (a).

EST

RACTICES

.—The Secretary and the Administrator of

USAID shall identify 10 countries in which Embassies and USAID

Evaluation.

22 USC 2732

note.

Determination.

Certificate.

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137 STAT. 1011 PUBLIC LAW 118–31—DEC. 22, 2023

missions have successfully executed efforts, including monitoring

and evaluation of such efforts, described in (a) and develop best

practices to be turned into Department and USAID guidance.

SEC. 6602. MODIFICATION ON USE OF FUNDS FOR RADIO FREE

EUROPE/RADIO LIBERTY.

In section 308(h) of the United States International Broad-

casting Act of 1994 (22 U.S.C. 6207(h)) is amended—

(1) by striking subparagraphs (1), (3), and (5); and

(2) by redesignating paragraphs (2) and (4) as paragraphs

(1) and (2), respectively.

SEC. 6603. REPORT ON RADIO FREE AFRICA AND RADIO FREE AMER-

ICAS.

Not later than 180 days after the date of the enactment of

this division, the Chief Executive Officer of the United States

Agency for Global Media shall submit a report to the appropriate

congressional committees, the Committee on Appropriations of the

Senate, and the Committee on Appropriations of the House of

Representatives that details the financial and other resources that

would be required to establish and operate 2 nonprofit organiza-

tions, modeled after Radio Free Europe/Radio Liberty and Radio

Free Asia, for the purposes of providing accurate, uncensored, and

reliable news and information to—

(1) the region of Africa, with respect to Radio Free Africa;

and

(2) the region of Latin America and the Caribbean, with

respect to Radio Free Americas.

SEC. 6604. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.

(a) I

ENERAL

.—The Mutual Educational and Cultural

Exchange Act of 1961 (22 U.S.C. 2451 et seq.) is amended by

adding at the end the following:

‘‘SEC. 115. JOHN LEWIS CIVIL RIGHTS FELLOWSHIP PROGRAM.

‘‘(a) E

STABLISHMENT

.—There is established the John Lewis Civil

Rights Fellowship Program (referred to in this section as the

‘Fellowship Program’) within the J. William Fulbright Educational

Exchange Program.

‘‘(b) P

URPOSES

.—The purposes of the Fellowship Program are—

‘‘(1) to honor the legacy of Representative John Lewis by

promoting a greater understanding of the history and tenets

of nonviolent civil rights movements; and

‘‘(2) to advance foreign policy priorities of the United States

by promoting studies, research, and international exchange in

the subject of nonviolent movements that established and pro-

tected civil rights around the world.

‘‘(c) A

DMINISTRATION

.—The Bureau of Educational and Cultural

Affairs (referred to in this section as the ‘Bureau’) shall administer

the Fellowship Program in accordance with policy guidelines estab-

lished by the Board, in consultation with the binational Fulbright

Commissions and United States Embassies.

‘‘(d) S

ELECTION OF

ELLOWS

.—

‘‘(1) I

N GENERAL

.—The Board shall annually select qualified

individuals to participate in the Fellowship Program. The

Bureau may determine the number of fellows selected each

year, which, whenever feasible, shall be not fewer than 25.

‘‘(2) O

UTREACH

.—

Determination.

22 USC 2465.

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137 STAT. 1012 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) I

N GENERAL

.—To the extent practicable, the

Bureau shall conduct outreach at institutions, including—

‘‘(i) minority serving institutions, including histori-

cally Black colleges and universities; and

‘‘(ii) other appropriate institutions that are likely

to produce a range of qualified applicants, as deter-

mined by the Bureau.

‘‘(B) D

EFINITIONS

.—In this paragraph:

‘‘(i) H

ISTORICALLY BLACK COLLEGE AND UNIVER

SITY

.—The term ‘historically Black college and univer-

sity’ has the meaning given the term ‘part B institution’

in section 322 of the Higher Education Act of 1965

(20 U.S.C. 1061).

‘‘(ii) M

INORITY SERVING INSTITUTION

.—The term

‘minority-serving institution’ means an eligible institu-

tion under section 371(a) of the Higher Education Act

of 1965 (20 U.S.C. 1067q(a)).

‘‘(e) F

ELLOWSHIP

RIENTATION

.—Annually, the Bureau shall

organize and administer a fellowship orientation, which shall—

‘‘(1) be held in Washington, D.C., or at another location

selected by the Bureau; and

‘‘(2) include programming to honor the legacy of Represent-

ative John Lewis.

‘‘(f) S

TRUCTURE

.—

‘‘(1) W

ORK PLAN

.—To carry out the purposes described in

subsection (b)—

‘‘(A) each fellow selected pursuant to subsection (d)

shall arrange an internship or research placement—

‘‘(i) with a nongovernmental organization, aca-

demic institution, or other organization approved by

the Bureau; and

‘‘(ii) in a country with an operational Fulbright

U.S. Student Program; and

‘‘(B) the Bureau shall, for each fellow, approve a work

plan that identifies the target objectives for the fellow,

including specific duties and responsibilities relating to

those objectives.

‘‘(2) C

ONFERENCES

;

PRESENTATIONS

.—Each fellow shall—

‘‘(A) attend a fellowship orientation organized and

administered by the Bureau under subsection (e);

‘‘(B) not later than the date that is 1 year after the

end of the fellowship period, attend a fellowship summit

organized and administered by the Bureau, which—

‘‘(i) whenever feasible, shall be held in a location

of importance to the civil rights movement in the

United States; and

‘‘(ii) may coincide with other events facilitated by

the Bureau; and

‘‘(C) at such summit, give a presentation on lessons

learned during the period of the fellowship.

‘‘(3) F

ELLOWSHIP PERIOD

.—Each fellowship under this sec-

tion shall continue for a period determined by the Bureau,

which, whenever feasible, shall be not fewer than 10 months.

‘‘(g) F

ELLOWSHIP

WARD

.—The Bureau shall provide each fellow

under this section with an allowance that is equal to the amount

needed for—

Determination.

Deadline.

District of

Columbia.

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137 STAT. 1013 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(1) the reasonable costs of the fellow during the fellowship

period; and

‘‘(2) travel and lodging expenses related to attending the

orientation and summit required under subsection (e)(2).

‘‘(h) A

NNUAL

EPORT

.—Not later than 1 year after the date

of the completion of the Fellowship Program by the initial cohort

of fellows selected under subsection (d), and annually thereafter,

the Secretary of State shall submit to the Committee on Foreign

Relations of the Senate and the Committee on Foreign Affairs

of the House of Representatives a report on the implementation

of the Fellowship Program, including—

‘‘(1) a description of the demographics of the cohort of

fellows who completed a fellowship during the preceding 1-

year period;

‘‘(2) a description of internship and research placements,

and research projects selected by such cohort, under the Fellow-

ship Program, including feedback from—

‘‘(A) such cohort on implementation of the Fellowship

Program; and

‘‘(B) the Secretary on lessons learned;

‘‘(3) a plan for factoring such lessons learned into future

programming, and

‘‘(4) an analysis of trends relating to the diversity of each

cohort of fellows and the topics of projects completed since

the establishment of the Fellowship Program.’’.

(b) T

ECHNICAL AND

ONFORMING

MENDMENTS TO THE

UTUAL

DUCATIONAL AND

ULTURAL

XCHANGE

CT OF

1961.—Section

112(a) of the Mutual Educational and Cultural Exchange Act of

1961 ( 22 U.S.C. 2460(a)) is amended—

(1) in paragraph (8), by striking ‘‘; and’’ and inserting

a semicolon;

(2) in paragraph (9), by striking the period and inserting

‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(10) the John Lewis Civil Rights Fellowship Program

established under section 115, which provides funding for inter-

national internships and research placements for early- to mid-

career individuals from the United States to study nonviolent

civil rights movements in self-arranged placements with univer-

sities or nongovernmental organizations in foreign countries.’’.

UNSET

.—The authority to carry out the John Lewis Civil

Rights Fellowship Program established under section 115 of the

Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.

2451 et seq.), as added by subsection (a), shall expire on the date

that is 10 years after the date of the enactment of this division.

SEC. 6605. DOMESTIC ENGAGEMENT AND PUBLIC AFFAIRS.

(a) S

TRATEGY

EQUIRED

.—Not later than 180 days after the

date of the enactment of this division, the Secretary shall develop

a strategy to explain to the American people the value of the

work of the Department and the importance that United States

foreign policy plays in advancing the national security of the United

States. The strategy shall include—

(1) tools to inform the American people about the non-

partisan importance of United States diplomacy and foreign

relations and to utilize public diplomacy to meet the United

States’ national security priorities;

Deadline.

22 USC 2465

note.

Analysis.

Plan.

Time period.

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137 STAT. 1014 PUBLIC LAW 118–31—DEC. 22, 2023

(2) efforts to reach the widest possible audience of Ameri-

cans, including those who historically have not had exposure

to United States foreign policy efforts and priorities;

(3) additional staffing and resource needs including—

(A) domestic positions within the Bureau of Global

Public Affairs to focus on engagement with the American

people as outlined in paragraph (1);

(B) positions within the Bureau of Educational and

Cultural Affairs to enhance programs and reach the widest

possible audience;

programs that place Foreign Service and civil service

employees outside the Department for a limited time,

including Pearson Fellows, Reta Jo Lewis Local Diplomats,

Brookings Fellows, and Georgetown Fellows; and

(D) recommendations for increasing participation in

the Hometown Diplomats program and evaluating this pro-

gram as well as other opportunities for Department officers

to engage with American audiences while traveling within

the United States.

SEC. 6606. MODERNIZATION AND ENHANCEMENT STRATEGY.

Not later than 180 days after the date of the enactment of

this division, the Secretary shall submit a strategy to the appro-

priate congressional committees for—

(1) modernizing and increasing the operational and

programming capacity of American Spaces and American Cor-

ners throughout the world, including by leveraging public-pri-

vate partnerships;

(2) providing salaries to locally employed staff of American

Spaces and American Corners; and

(3) providing opportunities for United States businesses

and nongovernmental organizations to better utilize American

Spaces.

TITLE LXVII—OTHER MATTERS

SEC. 6701. INTERNSHIPS OF UNITED STATES NATIONALS AT INTER-

NATIONAL ORGANIZATIONS.

(a) I

ENERAL

.—The Secretary is authorized to bolster efforts

to increase the number of United States citizens representative

of the American people occupying positions in the United Nations

system, agencies, and commissions, and in other international

organizations, including by awarding grants to educational institu-

tions and students.

(b) R

EPORT

.—Not later than 90 days after the date of the

enactment of this division, the Secretary of State shall submit

a report to the appropriate congressional committees that identi-

fies—

(1) the number of United States citizens who are involved

in internship programs at international organizations;

(2) the distribution of the individuals described in para-

graph (1) among various international organizations; and

(3) grants, programs, and other activities that are being

utilized to recruit and fund United States citizens to participate

in internship programs at international organizations.

Grants.

22 USC 276c–7.

Deadline.

Recommenda-

tions.

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137 STAT. 1015 PUBLIC LAW 118–31—DEC. 22, 2023

LIGIBILITY

.—An individual referred to in subsection (a)

is an individual who—

(1) is enrolled at or received their degree within two years

from—

(A) an institution of higher education; or

(B) an institution of higher education based outside

the United States, as determined by the Secretary; and

(2) is a citizen of the United States.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated $1,500,000 for the Department for fiscal year

2024 to carry out the grant program authorized under subsection

(a).

SEC. 6702. TRAINING FOR INTERNATIONAL ORGANIZATIONS.

(a) T

RAINING

ROGRAMS

.—Section 708 of the Foreign Service

Act of 1980 (22 U.S.C. 4028) is amended by adding at the end

of the following new subsection:

‘‘(e) T

RAINING IN

ULTILATERAL

IPLOMACY

.—

‘‘(1) I

N GENERAL

.—The Secretary, in consultation with other

senior officials as appropriate, shall establish training courses

on—

‘‘(A) the conduct of diplomacy at international organiza-

tions and other multilateral institutions; and

‘‘(B) broad-based multilateral negotiations of inter-

national instruments.

‘‘(2) R

EQUIRED TRAINING

.—Members of the Service,

including appropriate chiefs of mission and other officers who

are assigned to United States missions representing the United

States to international organizations and other multilateral

institutions or who are assigned in other positions that have

as their primary responsibility formulation of policy related

to such organizations and institutions, or participation in nego-

tiations of international instruments, shall receive specialized

training in the areas described in paragraph (1) prior to the

beginning of service for such assignment or, if receiving such

training at that time is not practical, within the first year

of beginning such assignment.’’.

(b) T

RAINING FOR

EPARTMENT

MPLOYEES

.—The Secretary of

State shall ensure that employees of the Department of State who

are assigned to positions described in paragraph (2) of subsection

(e) of section 708 of the Foreign Service Act of 1980 (as added

by subsection (a) of this section), including members of the civil

service or general service, or who are seconded to international

organizations for a period of at least one year, receive training

described in such subsection and participate in other such courses

as the Secretary may recommend to build or augment identifiable

skills that would be useful for such Department officials rep-

resenting United States interests at these institutions and organiza-

tions.

SEC. 6703. INFRASTRUCTURE PROJECTS AND INVESTMENTS BY THE

UNITED STATES AND PEOPLE’S REPUBLIC OF CHINA.

Not later than 1 year after the date of the enactment of this

division, the Secretary, in coordination with the Administrator of

the United States Agency for International Development and the

Chief Executive Officer of the Development Finance Corporation,

shall submit to the appropriate congressional committees, the Com-

mittee on Appropriations of the Senate, and the Committee on

Reports.

22 USC 4028

note.

Time period.

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137 STAT. 1016 PUBLIC LAW 118–31—DEC. 22, 2023

Appropriations of the House of Representatives a report regarding

the opportunities and costs of infrastructure projects in Middle

East, African, and Latin American and Caribbean countries, which

shall—

(1) describe the nature and total funding of United States

infrastructure investments and construction in Middle East,

African, and Latin American and Caribbean countries, and

that of United States allies and partners in the same regions;

(2) describe the nature and total funding of infrastructure

investments and construction by the People’s Republic of China

in Middle East, African, and Latin American and Caribbean

countries;

(3) assess the national security threats posed by the infra-

structure investment gap between the People’s Republic of

China and the United States and United States allies and

partners, including—

(A) infrastructure, such as ports;

(B) access to critical and strategic minerals;

(D) threats to supply chains; and

(E) general favorability towards the People’s Republic

of China and the United States and United States’ allies

and partners among Middle East, African, and Latin Amer-

ican and Caribbean countries;

(4) assess the opportunities and challenges for companies

based in the United States to invest in infrastructure projects

in Middle East, African, and Latin American and Caribbean

countries;

(5) describe options for the United States Government to

undertake to increase support for United States businesses

engaged in large-scale infrastructure projects in Middle East,

African, and Latin American and Caribbean countries; and

(6) identify regional infrastructure priorities, ranked

according to United States national interests, in Middle East,

African, and Latin American and Caribbean countries.

SEC. 6704. SPECIAL ENVOYS.

(a) R

EVIEW

.—Not later than 180 days after the date of the

enactment of this division, the Secretary shall conduct a review

of all special envoy positions to determine—

(1) which special envoy positions are needed to accomplish

the mission of the Department;

(2) which special envoy positions could be absorbed into

the Department’s existing bureau structure;

(3) which special envoy positions were established by an

Act of Congress; and

(4) which special envoy positions were created by the Execu-

tive Branch without explicit congressional approval.

(b) R

EPORT

.—Not later than 60 days after the completion of

the review required under subsection (a), the Secretary shall submit

a report to the appropriate congressional committees that includes—

(1) a list of every special envoy position in the Department;

(2) a detailed justification of the need for each special

envoy, if warranted;

(3) a list of the special envoy positions that could be

absorbed into the Department’s existing bureau structure with-

out compromising the mission of the Department;

Lists.

Deadline.

Determination.

Assessment.

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137 STAT. 1017 PUBLIC LAW 118–31—DEC. 22, 2023

(4) a list of the special envoy positions that were created

by an Act of Congress; and

(5) a list of the special envoy positions that are not

expressly authorized by statute.

SEC. 6705. US-ASEAN CENTER.

(a) D

EFINED

ERM

.—In this section, the term ‘‘ASEAN’’ means

the Association of Southeast Asian Nations.

(b) E

STABLISHMENT

.—The Secretary is authorized to enter into

a public-private partnership for the purposes of establishing a US-

ASEAN Center in the United States to support United States

economic and cultural engagement with Southeast Asia.

UNCTIONS

.—Notwithstanding any other provision of law,

the US-ASEAN Center established pursuant to subsection (b) may—

(1) provide grants for research to support and elevate the

importance of the US-ASEAN partnership;

(2) facilitate activities to strengthen US-ASEAN trade and

investment;

(3) expand economic and technological relationships

between ASEAN countries and the United States into new

areas of cooperation;

(4) provide training to United States citizens and citizens

of ASEAN countries that improve people-to-people ties;

(5) develop educational programs to increase awareness

for the United States and ASEAN countries on the importance

of relations between the United States and ASEAN countries;

and

(6) carry out other activities the Secretary considers nec-

essary to strengthen ties between the United States and

ASEAN countries and achieve the objectives of the US-ASEAN

Center.

(d) P

ARAMETERS

.—In carrying out this section, the Secretary

shall ensure that the activities of the US-ASEAN Center do not

duplicate current lines of effort being conducted by the United

States Government or its grantees.

SEC. 6706. BRIEFINGS ON THE UNITED STATES-EUROPEAN UNION

TRADE AND TECHNOLOGY COUNCIL.

It is the sense of Congress that the United States-European

Union Trade and Technology Council is an important forum for

the United States and the European Union to engage on trans-

atlantic trade, investment, and engagement on matters related

to critical and emerging technology and that the Department should

provide regular updates to the appropriate congressional committees

on the deliverables and policy initiatives announced at United

States-European Union Trade and Technology Council ministerials.

SEC. 6707. MODIFICATION AND REPEAL OF REPORTS.

(a) C

OUNTRY

EPORTS ON

UMAN

IGHTS

RACTICES

.—

(1) I

N GENERAL

.—The Secretary shall examine the produc-

tion of the 2023 and subsequent annual Country Reports on

Human Rights Practices by the Assistant Secretary for Democ-

racy, Human Rights, and Labor as required under sections

116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22

U.S.C. 2151n(d), 2304(b)) to maximize—

(A) cost and personnel efficiencies;

(B) the potential use of data and analytic tools and

visualization; and

Examination.

21 USC 2151n

note.

Contracts.

22 USC 2656

note.

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137 STAT. 1018 PUBLIC LAW 118–31—DEC. 22, 2023

Department announced by the Secretary on October 27,

2021.

(2) T

RANSNATIONAL REPRESSION AMENDMENTS TO ANNUAL

COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES

.—Section

116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.

2151n(d)) is amended by adding at the end the following new

paragraph:

‘‘(13) Wherever applicable, a description of the nature and

extent of acts of transnational repression that occurred during

the preceding year, including identification of—

‘‘(A) incidents in which a government harassed, intimi-

dated, or killed individuals outside of their internationally

recognized borders and the patterns of such repression

among repeat offenders;

‘‘(B) countries in which such transnational repression

occurs and the role of the governments of such countries

in enabling, preventing, mitigating, and responding to such

acts;

‘‘(C) the tactics used by the governments of countries

identified pursuant to subparagraph (A), including the

actions identified and any new techniques observed;

‘‘(D) in the case of digital surveillance and harassment,

the type of technology or platform, including social media,

smart city technology, health tracking systems, general

surveillance technology, and data access, transfer, and stor-

age procedures, used by the governments of countries

identified pursuant to subparagraph (A) for such actions;

and

‘‘(E) groups and types of individuals targeted by acts

of transnational repression in each country in which such

acts occur.’’.

(b) E

LIMINATION OF

BSOLETE

EPORTS

.—

(1) A

NNUAL REPORTS RELATING TO FUNDING MECHANISMS

FOR TELECOMMUNICATIONS SECURITY AND SEMICONDUCTORS

.—

Division H of the William M. (Mac) Thornberry National

Defense Authorization Act for Fiscal Year 2021 (Public Law

116–283) is amended—

(A) in section 9202(a)(2) (47 U.S.C. 906(a)(2))—

(i) by striking subparagraph (C); and

(ii) by redesignating subparagraph (D) as subpara-

graph (C); and

(B) in section 9905 (15 U.S.C. 4655)—

(i) by striking subsection (c); and

(ii) by redesignating subsection (d) as subsection

(c).

(2) A

NNUAL REPORT ON PROMOTING THE RULE OF LAW IN

THE RUSSIAN FEDERATION

.—Section 202 of the Russia and

Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of

Law Accountability Act of 2012 (Public Law 112–208) is

amended by striking subsection (a).

(3) A

NNUAL REPORT ON ADVANCING FREEDOM AND DEMOC

RACY

.—Section 2121 of the Advance Democratic Values,

Address Nondemocratic Countries, and Enhance Democracy Act

of 2007 (title XXI of Public Law 110–53) is amended by striking

subsection (c).

22 USC 8221.

19 USC 2434

note.

Time period.

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137 STAT. 1019 PUBLIC LAW 118–31—DEC. 22, 2023

(4) A

NNUAL REPORTS ON UNITED STATES

VIETNAM HUMAN

RIGHTS DIALOGUE MEETINGS

.—Section 702 of the Foreign Rela-

tions Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n

note) is repealed.

SEC. 6708. ART IN EMBASSIES.

Section 5112(c) of the Department of State Authorization Act

of 2021 (division E of Public Law 117–81; 135 Stat, 2350) is

amended by striking ‘‘2 years after’’ and inserting ‘‘4 years after’’.

SEC. 6709. INSTITUTE FOR TRANSATLANTIC ENGAGEMENT.

(a) E

STABLISHMENT

.—The Secretary of State is authorized to

establish the Institute for Transatlantic Engagement (referred to

in this section as the ‘‘Institute’’).

(b) P

URPOSE

.—The purpose of any Institute established pursu-

ant to subsection (a) shall be to strengthen national security by

highlighting, to a geographically diverse set of populations from

the United States, Canada, and European nations, the importance

of the transatlantic relationship and the threats posed by adver-

sarial countries, such as the Russian Federation and the People’s

Republic of China, to democracy, free-market economic principles,

and human rights.

IRECTOR

.—Any Institute established pursuant to subsection

(a) shall be headed by a Director, to be appointed by the Secretary,

who shall have expertise in transatlantic relations and diverse

populations in the United States and Europe.

(d) S

COPE AND

CTIVITIES

.—Any Institute established pursuant

to subsection (a) shall—

(1) strengthen knowledge among participants of the forma-

tion and implementation of transatlantic policies critical to

national security, including the threats posed by the Russian

Federation and the People’s Republic of China;

(2) increase awareness among participants of the roles

of government and nongovernmental actors, such as multilat-

eral organizations, businesses, civil society actors, academia,

think tanks, and philanthropic institutions, in transatlantic

policy development and execution;

(3) increase understanding among participants of the

manner in which diverse backgrounds and perspectives affect

the development of transatlantic policies;

(4) enhance the skills, abilities, and effectiveness of partici-

pating government officials;

(5) increase awareness among participants of the impor-

tance of, and interest in, international public service careers;

(6) not less than 3 times annually, convene representatives

of the United States Government, the Government of Canada,

and of governments of European nations for a program offered

by the Institute; and

(7) develop metrics to track the success and efficacy of

the program which shall be reported to the appropriate congres-

sional committees and prior to the convening of the first pro-

gram described in paragraph (6).

(e) E

LIGIBILITY TO

ARTICIPATE

.—Participants in the programs

of the Institute shall include elected government officials—

(1) serving at national, regional, or local levels in the

United States, Canada, and European nations; and

(2) who represent geographically diverse backgrounds or

constituencies in the United States, Canada, and Europe.

Reports.

Time period.

Appointment.

Foreign

countries.

22 USC 8201

note.

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137 STAT. 1020 PUBLIC LAW 118–31—DEC. 22, 2023

(f) S

ELECTION OF

ARTICIPANTS

.—

(1) U

NITED STATES PARTICIPANTS

.—Participants from the

United States shall be appointed in an equally divided manner

by—

(A) the chairpersons and ranking members of the Com-

mittee on Foreign Relations of the Senate and the Com-

mittee on Foreign Affairs of the House of Representatives;

(B) the majority leader of the Senate and the minority

leader of the Senate; and

the minority leader of the House of Representatives.

(2) E

UROPEAN AND CANADIAN PARTICIPANTS

.—Participants

from Europe and Canada shall be appointed by the Secretary

of State, in consultation with—

(A) the chairpersons and ranking members of the

appropriate congressional committees;

(B) the majority leader of the Senate and the minority

leader of the Senate; and

the minority leader of the House of Representatives.

(g) R

ESTRICTIONS

.—

(1) U

NPAID PARTICIPATION

.—Participants in the Institute

may not be paid a salary for such participation.

(2) R

EIMBURSEMENT

.—The Institute may pay or reimburse

participants for reasonable travel, lodging, and food in connec-

tion with participation in the program.

(3) T

RAVEL

.—No funds authorized to be appropriated under

subsection (h) may be used for travel for members of Congress

to participate in Institute activities.

(h) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated up to $750,000 for fiscal years 2024 and 2025

to carry out this section.

(i) S

UNSET

.—The authority provided by this section terminates

on December 31, 2025.

SEC. 6710. NOTIFICATION OF REVOCATION OF CLEARANCES.

(a) I

ENERAL

.—With respect to any covered official whose

security clearance is suspended or revoked, the Secretary shall—

(1) submit to the Chair and Ranking Member of the appro-

priate congressional committees, the Majority Leader of the

Senate, the Minority Leader of the Senate, the Speaker of

the House of Representatives, and the Minority Leader of the

House of Representatives a notification not later than 15 days

after the suspension or revocation of such clearance; and

(2) brief the Chair and Ranking Member of the appropriate

congressional committees, the Majority Leader of the Senate,

the Minority Leader of the Senate, the Speaker of the House

of Representatives, and the Minority Leader of the House of

Representatives not later than 30 days after such suspension

or revocation on the present employment status of such indi-

vidual and whether the job duties of such individual have

changed since such suspension or revocation.

(b) F

ORM

.—The notification and briefing required by subsection

(a) may be provided in classified form, if necessary.

OVERED

FFICIAL

EFINED

.—For purposes of this section,

the term ‘‘covered official’’ means any of the following:

Briefing.

Deadlines.

22 USC 2651a

note.

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137 STAT. 1021 PUBLIC LAW 118–31—DEC. 22, 2023

(1) Any individual holding a position at or higher than

the level of Assistant Secretary or its equivalent in the Depart-

ment of State.

(2) Any individual holding the position of chief of mission

or principal officer at any diplomatic or consular post.

(3) Any individual holding the rank and status of an ambas-

sador or otherwise holding a position that reports directly to

the Secretary, such as a special envoy.

(d) S

UNSET

.—This section shall terminate not later than three

years after the date of the enactment of this division.

DIVISION G—INTELLIGENCE AUTHOR-

IZATION ACT FOR FISCAL YEAR 2024

SEC. 7001. SHORT TITLE.

This division may be cited as the ‘‘Intelligence Authorization

Act for Fiscal Year 2024’’.

SEC. 7002. DEFINITIONS.

In this division:

(1) C

ONGRESSIONAL INTELLIGENCE COMMITTEES

.—The term

‘‘congressional intelligence committees’’ has the meaning given

such term in section 3 of the National Security Act of 1947

(50 U.S.C. 3003).

(2) I

NTELLIGENCE COMMUNITY

.—The term ‘‘intelligence

community’’ has the meaning given such term in such section

SEC. 7003. EXPLANATORY STATEMENT.

The explanatory statement regarding this division, printed in

the House section of the Congressional Record by the Chairman

of the Permanent Select Committee on Intelligence of the House

of Representatives and in the Senate section of the Congressional

Record by the Chairman of the Select Committee on Intelligence

of the Senate, shall have the same effect with respect to the

implementation of this division as if it were a joint explanatory

statement of a committee of conference.

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.

SEC. 7101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2024 for the conduct of the intelligence and intelligence-related

activities of the Federal Government.

SEC. 7102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) S

PECIFICATIONS OF

MOUNTS

.—The amounts authorized to

be appropriated under section 101 for the conduct of the intelligence

activities of the Federal Government are those specified in the

classified Schedule of Authorizations prepared to accompany this

division.

50 USC 3003

note.

Intelligence

Authorization

Act for Fiscal

Year 2024.

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137 STAT. 1022 PUBLIC LAW 118–31—DEC. 22, 2023

(b) A

VAILABILITY OF

LASSIFIED

CHEDULE OF

UTHORIZA

TIONS

.—

(1) A

VAILABILITY

.—The classified Schedule of Authoriza-

tions referred to in subsection (a) shall be made available

to the Committee on Appropriations of the Senate, the Com-

mittee on Appropriations of the House of Representatives, and

to the President.

(2) D

ISTRIBUTION BY THE PRESIDENT

.—Subject to paragraph

(3), the President shall provide for suitable distribution of the

classified Schedule of Authorizations referred to in subsection

(a), or of appropriate portions of such Schedule, within the

executive branch of the Federal Government.

(3) L

IMITS ON DISCLOSURE

.—The President shall not pub-

licly disclose the classified Schedule of Authorizations or any

portion of such Schedule except—

(A) as provided in section 601(a) of the Implementing

Recommendations of the 9/11 Commission Act of 2007 (50

U.S.C. 3306(a));

(B) to the extent necessary to implement the budget;

SEC. 7103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated for the Intelligence Community Management

Account of the Director of National Intelligence for fiscal year

2024 the sum of $645,900,000.

(b) C

LASSIFIED

UTHORIZATION OF

PPROPRIATIONS

.—In addi-

tion to amounts authorized to be appropriated for the Intelligence

Community Management Account by subsection (a), there are

authorized to be appropriated for the Intelligence Community

Management Account for fiscal year 2024 such additional amounts

as are specified in the classified Schedule of Authorizations referred

to in section 102(a).

SEC. 7104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS

AUTHORIZED BY LAW.

Appropriations authorized by this division for salary, pay,

retirement, and other benefits for Federal employees may be

increased by such additional or supplemental amounts as may

be necessary for increases in such compensation or benefits author-

ized by law.

SEC. 7105. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this division shall not

be deemed to constitute authority for the conduct of any intelligence

activity which is not otherwise authorized by the Constitution or

the laws of the United States.

TITLE II—CENTRAL INTELLIGENCE

AGENCY RETIREMENT AND DIS-

ABILITY SYSTEM

Sec. 7201. Authorization of appropriations.

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137 STAT. 1023 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 7201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intel-

ligence Agency Retirement and Disability Fund $514,000,000 for

fiscal year 2024.

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.

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.

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137 STAT. 1024 PUBLIC LAW 118–31—DEC. 22, 2023

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.

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.

Subtitle A—General Intelligence

Community Matters

SEC. 7301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH

EXPERIENCE IN FINANCIAL INTELLIGENCE AND

EMERGING TECHNOLOGIES.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Director of National Intelligence,

in coordination with the heads of human capital of the Central

Intelligence Agency, the National Security Agency, and the Federal

Bureau of Investigation, shall submit to the congressional intel-

ligence committees, the Committee on Appropriations of the Senate,

and the Committee on Appropriations of the House of Representa-

tives a plan for the intelligence community to recruit, train, and

retain personnel who have skills and experience in financial intel-

ligence and emerging technologies in order to improve analytic

tradecraft.

(b) E

LEMENTS

.—The plan required by subsection (a) shall

include the following elements:

(1) An assessment, including measurable benchmarks of

progress, of current initiatives of the intelligence community

to recruit, train, and retain personnel who have skills and

experience in financial intelligence and emerging technologies.

(2) An assessment of whether personnel in the intelligence

community who have such skills are currently well integrated

into the analytical cadre of the relevant elements of the intel-

ligence community that produce analyses with respect to finan-

cial intelligence and emerging technologies.

(3) An identification of challenges to hiring or compensation

in the intelligence community that limit progress toward rapidly

increasing the number of personnel with such skills, and an

Assessment.

Deadlines.

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137 STAT. 1025 PUBLIC LAW 118–31—DEC. 22, 2023

identification of hiring or other reforms to resolve such chal-

lenges.

(4) A determination of whether the National Intelligence

University has the resources and expertise necessary to train

existing personnel in financial intelligence and emerging tech-

nologies.

(5) A strategy, including measurable benchmarks of

progress, to, by January 1, 2025, increase the analytical cadre

of personnel with expertise and previous employment in finan-

cial intelligence and emerging technologies.

SEC. 7302. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY

OF INTELLIGENCE COMMUNITY WORKFORCE.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Director of National Intelligence

shall, in coordination with the Secretary of Defense and the Director

of the Office of Personnel Management as the Director of National

Intelligence considers appropriate, develop and implement a policy

and performance framework to ensure the timely and effective

mobility of employees and contractors of the Federal Government

who are transferring employment between elements of the intel-

ligence community.

(b) E

LEMENTS

.—The policy and performance framework

required by subsection (a) shall include processes with respect to

the following:

(1) Human resources.

(2) Medical reviews.

(3) Determinations of suitability or eligibility for access

to classified information in accordance with Executive Order

13467 (50 U.S.C. 3161 note; relating to reforming processes

related to suitability for Government employment, fitness for

contractor employees, and eligibility for access to classified

national security information).

SEC. 7303. STANDARDS, CRITERIA, AND GUIDANCE FOR COUNTER-

INTELLIGENCE VULNERABILITY ASSESSMENTS AND SUR-

VEYS.

Section 904(d)(7)(A) of the Counterintelligence Enhancement

Act of 2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as follows:

‘‘(A) C

OUNTERINTELLIGENCE VULNERABILITY ASSESS

MENTS AND SURVEYS

.—To develop standards and criteria

for counterintelligence risk assessments and surveys of the

vulnerability of the United States to intelligence threats,

including with respect to critical infrastructure and critical

technologies, in order to identify the areas, programs, and

activities that require protection from such threats.’’.

SEC. 7304. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOY-

MENT RESTRICTIONS FOR INTELLIGENCE COMMUNITY.

Section 304(d) of the National Security Act of 1947 (50 U.S.C.

3073a(d)) is amended—

(1) in paragraph (1), by inserting ‘‘the restrictions under

subsection (a) and’’ before ‘‘the report requirements’’;

(2) in paragraph (2), by striking ‘‘ceases to occupy’’ and

inserting ‘‘occupies’’; and

(3) in paragraph (3)(B), by striking ‘‘before the person

ceases to occupy a covered intelligence position’’ and inserting

‘‘when the person occupies a covered intelligence position’’.

Determinations.

Processes.

Deadline.

50 USC 3024

note.

Strategy.

Determination.

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137 STAT. 1026 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 7305. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND

SECURITY CENTER.

(a) I

ENERAL

.—Section 904 of the Counterintelligence

Enhancement Act of 2002 (50 U.S.C. 3383) is amended—

(1) by redesignating subsections (d) through (i) as sub-

sections (e) through (j), respectively; and

(2) by inserting after subsection (c) the following:

‘‘(d) M

ISSION

.—The mission of the National Counterintelligence

and Security Center shall include organizing and leading strategic

planning for counterintelligence activities of the United States

Government by integrating instruments of national power as needed

to counter foreign intelligence activities.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) C

OUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002

.—

Section 904 of the Counterintelligence Enhancement Act of

2002 (50 U.S.C. 3383) is amended—

(A) in subsection (e), as redesignated by subsection

(a)(1), by striking ‘‘Subject to subsection (e)’’ both places

it appears and inserting ‘‘Subject to subsection (f)’’; and

(B) in subsection (f), as so redesignated—

(i) in paragraph (1), by striking ‘‘subsection (d)(1)’’

and inserting ‘‘subsection (e)(1)’’; and

(ii) in paragraph (2), by striking ‘‘subsection (d)(2)’’

and inserting ‘‘subsection (e)(2)’’.

(2) C

OUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS

ACT OF 1994

.—Section 811(d)(1)(B)(ii) of the Counterintelligence

and Security Enhancements Act of 1994 (50 U.S.C.

3381(d)(1)(B)(ii)) is amended by striking ‘‘section 904(d)(2) of

that Act (50 U.S.C. 3383(d)(2))’’ and inserting ‘‘section 904(e)(2)

of that Act (50 U.S.C. 3383(e)(2))’’.

SEC. 7306. BUDGET TRANSPARENCY ON COSTS OF IMPLEMENTATION

OF EXECUTIVE ORDER 13556.

The head of each element of the intelligence community shall

provide a cost estimate for implementation of Executive Order

13556 (75 Fed. Reg. 68675; relating to controlled unclassified

information), or any successor order, over the future years intel-

ligence plan to the congressional intelligence committees not later

than 30 days after the date on which the President submits to

Congress a budget of the United States Government for fiscal

year 2025 pursuant to section 1105(a) of title 31, United States

Code.

SEC. 7307. IMPROVEMENTS RELATING TO INTELLIGENCE COMMUNITY

STAFFING, DETAILS, AND ASSIGNMENTS.

(a) I

MPROVEMENTS

ELATING TO

SSIGNMENTS AND

ETAILS

.—

Section 102A(f)(3)(A) of the National Security Act of 1947 (50 U.S.C.

3024(f)(3)(A)) is amended—

(1) in the matter preceding clause (i), by striking ‘‘personnel

policies’’ and inserting ‘‘binding personnel policies’’;

(2) by amending clause (i) to read as follows:

‘‘(i) require and facilitate assignments and details of per-

sonnel to national intelligence centers, and between elements

of the intelligence community over the course of the careers

of such personnel;’’; and

(3) by amending clause (v) to read as follows:

Deadline.

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137 STAT. 1027 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(v) require service in more than one element of the intel-

ligence community as a condition of promotion to such positions

within the intelligence community as the Director shall specify,

and take requisite steps to ensure compliance among elements

of the intelligence community; and’’.

(b) R

EQUIRED

TAFFING

OCUMENT FOR

FFICE OF

IRECTOR

ATIONAL

NTELLIGENCE

.—

(1) R

EQUIREMENT

.—Not later than 120 days after the date

of the enactment of this Act, the Director of National Intel-

ligence shall establish, and thereafter shall update as nec-

essary, a single document setting forth each position within

the Office of the Director of National Intelligence, including

any directorate, center, or office within such Office.

(2) E

LEMENTS

.—The document under paragraph (1) shall

include, with respect to each position set forth in the document,

the following:

(A) A description of the position.

(B) The directorate, center, office, or other component

of the Office of the Director of National Intelligence within

which the position is.

ignated to fill the position, if applicable.

(D) The requisite type and level of skills for the posi-

tion, including any special skills or certifications required.

(E) The requisite security clearance level for the posi-

tion.

(F) The pay grade for the position.

(G) Any special pay or incentive pay payable for the

position.

(3) I

NTEGRATED REPRESENTATION

.—In establishing and

filling the positions specified in paragraph (1), the Director

of National Intelligence shall take such steps as may be nec-

essary to ensure the integrated representation of officers and

employees from the other elements of the intelligence commu-

nity with respect to such positions.

SEC. 7308. INSIDER THREATS.

Section 102A(f) of the National Security Act of 1947 (50 U.S.C.

3024(f)) is amended—

(1) by redesignating paragraphs (8) through (10) as para-

graphs (9) through (11), respectively; and

(2) by inserting after paragraph (7) the following new para-

graph (8):

‘‘(8) The Director of National Intelligence shall—

‘‘(A) conduct assessments and audits of the compliance

of each element of the intelligence community with minimum

insider threat policy;

‘‘(B) receive information from each element of the intel-

ligence community regarding the collection, sharing, and use

by such element of audit and monitoring data for insider threat

detection across all classified and unclassified information tech-

nology systems within such element;

‘‘(C) provide guidance and oversight to Federal departments

and agencies to fully implement automated records checks,

consistent with personnel vetting reforms and the Trusted

Workforce 2.0 initiative, or successor initiative, and ensure

that information collected pursuant to such records checks is

Guidance.

Oversight.

Assessment.

Audits.

50 USC 3025

note.

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137 STAT. 1028 PUBLIC LAW 118–31—DEC. 22, 2023

appropriately shared in support of intelligence community-wide

insider threat initiatives;

‘‘(D) carry out evaluations of the effectiveness of counter-

intelligence, security, and insider threat program activities of

each element of the intelligence community, including with

respect to the lowest organizational unit of each such element,

that include an identification of any gaps, shortfalls, or resource

needs of each such element;

‘‘(E) identify gaps, shortfalls, resources needs, and rec-

ommendations for adjustments in allocations and additional

resources and other remedies to strengthen counterintelligence,

security, and insider threat detection programs;

‘‘(F) pursuant to final damage assessments facilitated by

the National Counterintelligence and Security Center that have

been undertaken as a result of an unauthorized disclosure,

determine whether the heads of the elements of the intelligence

community implement recommended mitigation, and notify the

congressional intelligence committees of such determinations

and notify the Committee on Armed Services of the Senate

and the Committee on Armed Services of the House of Rep-

resentatives in cases involving elements of the intelligence

community withing the Department of Defense; and

‘‘(G) study the data collected during the course of back-

ground investigations and adjudications for security clearances

granted to individuals who subsequently commit unauthorized

disclosures, and issue findings regarding the quality of such

data as a predictor for insider threat activity, delineated by

the severity of the unauthorized disclosure.’’.

SEC. 7309. MODIFICATION OF DEADLINE FOR ANNUAL SUBMISSION

OF NATIONAL INTELLIGENCE PRIORITIES FRAMEWORK.

Section 102A(p)(3) of the National Security Act of 1947 (50

U.S.C. 3024(p)(3)) is amended by striking ‘‘October 1’’ and inserting

‘‘March 1’’.

SEC. 7310. MATTERS RELATING TO CHIEF DATA OFFICERS OF INTEL-

LIGENCE COMMUNITY.

(a) P

ROHIBITION ON

IMULTANEOUS

ERVICE AS

HIEF

ATA

FFICER AND

HIEF

NFORMATION

FFICER

.—Section 103G of the

National Security Act of 1947 (50 U.S.C. 3032) is amended by

adding at the end the following new subsection:

‘‘(d) P

ROHIBITION ON

IMULTANEOUS

ERVICE AS

HIEF

ATA

FFICER AND

HIEF

NFORMATION

FFICER

.—An individual serving

in the position of Chief Information Officer of the Intelligence

Community or chief information officer of any other element of

the intelligence community shall not concurrently serve as the

Intelligence Community Chief Data Officer under section 103K

and as the chief data officer of any other element of the intelligence

community.’’.

(b) C

LARIFICATION OF

UTIES OF

NTELLIGENCE

OMMUNITY

HIEF

ATA

FFICER

.—

(1) C

LARIFICATION OF DATA

RELATED DUTIES

.—Section

103K(c)(4) of the National Security Act of 1947 (50 U.S.C.

3034b(c)(4)) is amended by inserting ‘‘relating to data’’ after

‘‘duties’’.

(2) R

EMOVAL OF UNRELATED DUTIES AND FUNCTIONS

.—Not

later than 90 days after the date of the enactment of this

Act, consistent with section 103K(c) of the National Security

Determination.

50 USC 3034b

note.

Deadlines.

Study.

Data.

Determinations.

Notifications.

Recommenda-

tions.

Evaluations.

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137 STAT. 1029 PUBLIC LAW 118–31—DEC. 22, 2023

Act of 1947 (50 U.S.C. 3034b(c)), as amended by paragraph

(1), the Director of National Intelligence shall complete such

internal reorganization of the Office of the Director of National

Intelligence as the Director determines necessary to ensure

that the duties of the Intelligence Community Chief Data

Officer appointed under such section do not include any other

duty that does not relate to an issue involving data.

(3) B

RIEFING

.—Prior to the date on which the Director

completes the reorganization under paragraph (2), the Director

shall provide to the appropriate committees of Congress a

briefing regarding—

(A) the proposed reorganization; and

(B) any other efforts of the Director to ensure that

any future duties prescribed by the Director to be per-

formed by the Intelligence Community Chief Data Officer

pursuant to section 103K(c) of the National Security Act

of 1947 (50 U.S.C. 3034b(c)), as amended by paragraph

(1), relate exclusively to issues involving data, consistent

with such section.

EPORTS

.—Not later than 90 days after the date of the

enactment of this Act, the head of each element of the intelligence

community shall submit to the appropriate committees of Congress

a written report regarding the organizational and reporting struc-

ture for the chief data officer of that element, including an identi-

fication of whether such chief data officer reports to, or is otherwise

subordinate to, the chief information officer of that element and,

if so, the rationale for such organizational and reporting structure.

(d) D

EFINITION OF

PPROPRIATE

OMMITTEES OF

ONGRESS

.—

In this section, the term ‘‘appropriate committees of Congress’’

means—

(1) the congressional intelligence committees;

(2) the Committee on Appropriations of the Senate; and

(3) the Committee on Appropriations of the House of Rep-

resentatives.

SEC. 7311. MODIFICATION TO SPECIAL PAY AUTHORITY FOR SCIENCE,

TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSI-

TIONS.

(a) M

ODIFICATION

.—Section 113B of the National Security Act

of 1947 (50 U.S.C. 3049a) is amended—

(1) in the section heading, by inserting ‘‘

AND POSITIONS

REQUIRING BANKING OR FINANCIAL SERVICES EXPERTISE

’’ after

‘‘

MATHEMATICS POSITIONS

’’;

(2) in subsection (a)—

(A) in the heading, by inserting ‘‘

OR IN

ANKING OR

INANCIAL

ERVICES

’’ after ‘‘M

ATHEMATICS

’’;

(B) in paragraph (1), in the matter preceding subpara-

graph (A), by inserting ‘‘or in banking or financial services

(including expertise relating to critical financial infrastruc-

ture operations, capital markets, banking compliance pro-

grams, or international investments)’’ after ‘‘or mathe-

matics’’;

and

(D) by inserting after paragraph (1) the following new

paragraph:

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137 STAT. 1030 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(2) L

IMITATION ON NUMBER OF RECIPIENTS

.—For each ele-

ment of the intelligence community, the number of individuals

serving in a position in such element who receive a higher

rate of pay established or increased under paragraph (1) may

not, at any time during a given fiscal year, exceed 50 individuals

or 5 percent of the total number of full-time equivalent positions

authorized for such element for the preceding fiscal year, which-

ever is greater.’’; and

(3) in subsection (e), by striking ‘‘the element’’ and inserting

‘‘an element’’.

(b) C

LERICAL

MENDMENT

.—The table of contents at the begin-

ning of such Act is amended by striking the item relating to section

113B and inserting the following new item:

‘‘Sec. 113B. Special pay authority for science, technology, engineering, or mathe-

matics positions and positions requiring banking or financial services

expertise.’’.

EPORTS

.—Not later than September 1 of each year until

September 1, 2025, the head of each element of the intelligence

community shall submit to the congressional intelligence commit-

tees, the Committee on Appropriations of the Senate, and the Com-

mittee on Appropriations of the House of Representatives a report

on any rates of pay established for such element under section

113B of such Act (50 U.S.C. 3049a), as amended by subsection

(a), including—

(1) a description of any rates of pay so established; and

(2) an identification of the number of positions in such

element that will be subject to such rates of pay during the

subsequent fiscal year.

SEC. 7312. ANNUAL REPORT ON UNFUNDED PRIORITIES OF INTEL-

LIGENCE COMMUNITY.

Section 514(a) of the National Security Act of 1947 (50 U.S.C.

3113(a)) is amended by inserting ‘‘prepare and’’ after ‘‘each element

of the intelligence community shall’’.

SEC. 7313. SUBMISSION OF LEGISLATIVE PROPOSALS.

Title V of the National Security Act of 1947 (50 U.S.C. 3091

et seq.) is amended by adding at the end the following new section

(and conforming the table of contents at the beginning of such

Act accordingly):

‘‘SEC. 516. SUBMISSION OF LEGISLATIVE PROPOSALS.

‘‘Not later than 45 days after the date on which the President

submits to Congress the budget for each fiscal year pursuant to

section 1105(a) of title 31, United States Code, the Director of

National Intelligence shall submit to the congressional intelligence

committees, the Committee on Appropriations of the Senate, and

the Committee on Appropriations of the House of Representatives

any legislative provisions that are proposed by the Director to

be enacted as part of the annual intelligence authorization bill

for that fiscal year.’’.

SEC. 7314. ANNUAL REPORT ON REPORTING REQUIREMENTS.

(a) I

ENERAL

.—Title XI of the National Security Act of 1947

(50 U.S.C. 3231 et seq.) is amended by adding at the end the

following:

Deadline.

50 USC 3115.

Termination

date.

Time period.

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137 STAT. 1031 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘SEC. 1114. ANNUAL REPORT ON REPORTING REQUIREMENTS.

‘‘(a) A

NNUAL

EPORT

EQUIRED

.—Not later than March 1 of

each fiscal year, the Director of National Intelligence shall submit

to the congressional intelligence committees, the Committee on

Appropriations of the Senate, and the Committee on Appropriations

of the House of Representatives a report detailing all congression-

ally mandated reporting requirements applicable to Office of the

Director of National Intelligence for the upcoming fiscal year.

‘‘(b) C

ONTENTS

.—Each report submitted pursuant to subsection

(a) shall include, for the fiscal year covered by the report and

for each congressionally mandated reporting requirement detailed

in the report:

‘‘(1) A description of the reporting requirement.

‘‘(2) A citation to the provision of law (or other source

of congressional directive) imposing the reporting requirement.

‘‘(3) Whether the reporting requirement is recurring, condi-

tional, or subject to a termination provision.

‘‘(4) Whether the Director recommends repealing or modi-

fying the requirement.

‘‘(c) F

ORM

.—Each report submitted pursuant to subsection (a)

may be submitted in classified form.’’.

(b) C

LERICAL

MENDMENT

.—The table of contents for such Act

is amended by adding at the end the following:

‘‘Sec. 1114. Annual report on reporting requirements.’’.

SEC. 7315. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO

SIGNIFICANT UNAUTHORIZED DISCLOSURE OR COM-

PROMISE OF CLASSIFIED NATIONAL INTELLIGENCE.

Title XI of the National Security Act of 1947 (50 U.S.C. 3231

et seq.) is amended by inserting after section 1105 the following

new section (and conforming the table of contents at the beginning

of such Act accordingly):

‘‘SEC. 1105A. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO

SIGNIFICANT UNAUTHORIZED DISCLOSURE OR COM-

PROMISE OF CLASSIFIED NATIONAL INTELLIGENCE.

‘‘(a) N

OTIFICATION AND

AMAGE

SSESSMENT

EQUIREMENTS

.—

‘‘(1) R

EQUIREMENTS

.—If the Director of National Intel-

ligence becomes aware of an actual or potential significant

unauthorized disclosure or compromise of classified national

intelligence—

‘‘(A) as soon as practicable, but not later than 7 days

after the date on which the Director becomes so aware,

the Director shall notify the congressional intelligence

committees of such actual or potential disclosure or com-

promise; and

‘‘(B) in the case of an actual disclosure or compromise,

not later than 7 days after the date on which the Director

becomes so aware, the Director or the head of any element

of the intelligence community from which the significant

unauthorized disclosure or compromise originated shall ini-

tiate a damage assessment consistent with the procedures

set forth in Intelligence Community Directive 732 (relating

to the conduct of damage assessments), or successor direc-

tive, with respect to such disclosure or compromise.

‘‘(2) C

ONTENTS OF NOTIFICATION

.—A notification submitted

to the congressional intelligence committees under paragraph

Summaries.

Deadlines.

50 USC 3235a.

Recommenda-

tions.

Time period.

50 USC 3244.

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137 STAT. 1032 PUBLIC LAW 118–31—DEC. 22, 2023

(1)(A) with respect to an actual or potential significant

unauthorized disclosure or compromise of classified national

intelligence shall include—

‘‘(A) a summary of the facts and circumstances of such

disclosure or compromise;

‘‘(B) a summary of the contents of the national intel-

ligence revealed or potentially revealed, as the case may

be, by such disclosure or compromise;

‘‘(C) an initial appraisal of the level of actual or poten-

tial damage, as the case may be, to the national security

of the United States as a result of such disclosure or

compromise; and

‘‘(D) in the case of an actual disclosure or compromise,

which elements of the intelligence community will be

involved in the damage assessment conducted with respect

to such disclosure or compromise pursuant to paragraph

(1)(B).

‘‘(b) D

AMAGE

SSESSMENT

EPORTING

EQUIREMENTS

.—

‘‘(1) R

ECURRING REPORTING REQUIREMENT

.—Not later than

30 days after the date of the initiation of a damage assessment

pursuant to subsection (a)(1)(B), and every 90 days thereafter

until the completion of the damage assessment or upon the

request of the congressional intelligence committees, the

Director of National Intelligence shall—

‘‘(A) submit to the congressional intelligence commit-

tees copies of any documents or materials disclosed as

a result of the significant unauthorized disclosure or com-

promise of the classified national intelligence that is the

subject of the damage assessment; and

‘‘(B) provide to the congressional intelligence commit-

tees a briefing on such documents and materials and a

status of the damage assessment.

‘‘(2) F

INAL DAMAGE ASSESSMENT

.—As soon as practicable

after completing a damage assessment pursuant to subsection

(a)(1)(B), the Director of National Intelligence shall submit

the final damage assessment to the congressional intelligence

committees.

‘‘(c) N

OTIFICATION OF

EFERRAL TO

EPARTMENT OF

USTICE

.—

If a referral is made to the Department of Justice from any element

of the intelligence community regarding a significant unauthorized

disclosure or compromise of classified national intelligence under

this section, the Director of National Intelligence shall notify the

congressional intelligence committees of the referral on the date

such referral is made.’’.

SEC. 7316. IN-STATE TUITION RATES FOR CERTAIN MEMBERS OF

INTELLIGENCE COMMUNITY.

(a) I

ENERAL

.—Section 135(d) of the Higher Education Act

of 1965 (20 U.S.C. 1015d(d)), as amended by section 6206(a)(4)

of the Foreign Service Families Act of 2021 (Public Law 117–

81), is further amended—

(1) in paragraph (1), by striking ‘‘or’’ after the 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) an officer or employee of an element of the intelligence

community (as such term is defined in section 3 of the National

135 Stat. 2392.

Briefing.

Records.

Time period.

Appraisal.

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137 STAT. 1033 PUBLIC LAW 118–31—DEC. 22, 2023

Security Act of 1947 (50 U.S.C. 3003)) who serves in a position

of employment in such element for a period of more than

30 days.’’.

(b) E

FFECTIVE

ATE

.—The amendments made by subsection

(a) shall take effect at each public institution of higher education

in a State that receives assistance under the Higher Education

Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment

at such institution that begins after July 1, 2024.

SEC. 7317. REPEAL OF STUDY ON PERSONNEL UNDER STRATEGIC

INTELLIGENCE PARTNERSHIP PROGRAM.

Section 6435 of the Intelligence Authorization Act for Fiscal

Year 2023 (Public Law 117–263; 136 Stat. 3533) is repealed (and

conforming the table of contents in section 6001(b) accordingly).

SEC. 7318. INTELLIGENCE COMMUNITY COUNTERINTELLIGENCE

OFFICE AT THE DEPARTMENT OF AGRICULTURE.

(a) D

EFINITIONS

.—In this section:

(1) D

EPARTMENT

.—The term ‘‘Department’’ means the

Department of Agriculture.

(2) S

ECRETARY

.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

(b) R

EPEAL

.—Section 415 of the Intelligence Authorization Act

for Fiscal Year 2022 (Public Law 117–103; 28 U.S.C. 532 note)

is repealed.

STABLISHMENT OF

NTELLIGENCE

OMMUNITY

OUNTER

INTELLIGENCE

FFICE

.—

(1) A

GREEMENT WITH SECRETARY OF AGRICULTURE

.—The

Director of National Intelligence, acting through the Director

of the National Counterintelligence and Security Center, shall

seek to enter into an agreement with the Secretary under

which the Director of National Intelligence and the Secretary

shall establish within the Department an office, which shall

be known as the ‘‘Intelligence Community Counterintelligence

Office’’, in accordance with this section.

(2) L

OCATION

.—The Intelligence Community Counterintel-

ligence Office established pursuant to this section shall be

physically located within the headquarters of the Department

and within reasonable proximity to the offices of the leadership

of the Department.

(3) S

ECURITY

.—The Director of the National Counterintel-

ligence and Security Center shall be responsible for the protec-

tion of classified information and for the establishment and

enforcement of all security-related controls within the Intel-

ligence Community Counterintelligence Office.

(d) P

ERSONNEL

.—

(1) D

IRECTOR

.—

(A) A

PPOINTMENT

.—There shall be at the head of the

Intelligence Community Counterintelligence Office a

Director who is appointed by the Director of National Intel-

ligence. The Director of the Intelligence Community

Counterintelligence Office shall—

(i) be supervised and subject to performance

evaluations by the Director of the National Counter-

intelligence and Security Center, in consultation with

the Secretary;

(ii) be an employee of the intelligence community

with significant counterintelligence experience; and

Classified

information.

Contracts.

50 USC 3384.

20 USC 1015d

note.

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137 STAT. 1034 PUBLIC LAW 118–31—DEC. 22, 2023

(iii) serve for a period of 3 years.

(B) R

ESPONSIBILITIES

.—The Director of the Intelligence

Community Counterintelligence Office shall carry out the

following responsibilities:

(i) Serving as the head of the Intelligence Commu-

nity Counterintelligence Office, with supervisory

responsibility for the Intelligence Community Counter-

intelligence Office and any other personnel assigned

to the Intelligence Community Counterintelligence

Office.

(ii) Advising the Secretary on counterintelligence

and intelligence information.

(iii) Ensuring that counterintelligence threat

information and, as appropriate, finished intelligence

on topics related to the functions of the Department,

are provided to appropriate personnel of the depart-

ment or agency without delay.

(iv) Ensuring critical intelligence relevant to the

Secretary is requested and disseminated in a timely

manner.

(v) Establishing, as appropriate, mechanisms for

collaboration through which Department subject

matter experts, including those without security clear-

ances, can share information and expertise with the

intelligence community.

(vi) Correlating and evaluating counterintelligence

threats identified within intelligence community

reporting, in coordination with the National Counter-

intelligence and Security Center, and providing appro-

priate dissemination of such intelligence to officials

of the Department with a need-to-know.

(vii) Advising the Secretary on methods to improve

the counterintelligence posture of the Department.

(viii) Where appropriate, supporting the Depart-

ment’s leadership in engaging with the National Secu-

rity Council.

(ix) In coordination with the National Counter-

intelligence and Security Center, establishing counter-

intelligence partnerships to improve the counterintel-

ligence defense of the Department.

(2) D

EPUTY DIRECTOR

.—There shall be within the Intel-

ligence Community Counterintelligence Office a Deputy

Director who is appointed by the Secretary, in coordination

with the Director of National Intelligence. The Deputy Director

shall—

(A) be supervised and subject to performance evalua-

tions by the Secretary, in consultation with the Director

of the National Counterintelligence and Security Center;

(B) be a current or former employee of the Department

with significant experience within the Department; and

(3) O

THER EMPLOYEES

.—

(A) J

OINT DUTY ASSIGNMENT

.—There shall be within

the Intelligence Community Counterintelligence Office such

other employees as the Director of National Intelligence,

in consultation with the Secretary, determines appropriate.

Appointment.

Time period.

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137 STAT. 1035 PUBLIC LAW 118–31—DEC. 22, 2023

Employment at the Intelligence Community Counterintel-

ligence Office is an intelligence community joint duty

assignment. A permanent change of station to the Intel-

ligence Community Counterintelligence Office shall be for

a period of not less than 2 years.

(B) S

UPERVISION

.—The Director of the Intelligence

Community Counterintelligence Office shall be responsible

for the supervision and management of employees assigned

to the Intelligence Community Counterintelligence Office,

including employees assigned by program elements of the

intelligence community and other Federal departments and

agencies, as appropriate.

OINT DUTY OR ASSIGNED PERSONNEL REIMBURSE

MENT

.—The Director of National Intelligence shall

reimburse a program element of the intelligence community

or a Federal department or agency for any permanent

change of station employee assigned to the Intelligence

Community Counterintelligence Office from amounts

authorized to be appropriated for the Office of the Director

of National Intelligence.

(D) O

PERATION UNDER AUTHORITY OF DIRECTOR OF

NATIONAL INTELLIGENCE

.—Employees assigned to the Intel-

ligence Community Counterintelligence Office under this

paragraph shall operate under the authorities of the

Director of National Intelligence for the duration of their

assignment or period of employment within the Intelligence

Community Counterintelligence Office, except for tem-

porary duty assignment employees.

(E) I

NCENTIVE PAY

.—

(i) I

N GENERAL

.—An employee who accepts employ-

ment at the Intelligence Community Counterintel-

ligence Office during the 120-day period after the date

of the establishment of the Intelligence Community

Counterintelligence Office shall receive an incentive

payment, which shall be payable by the Director of

National Intelligence, in an amount equal to 10 percent

of the base annual pay of the employee. Such an

employee who completes 2 years of service in the Intel-

ligence Community Counterintelligence Office may

receive an incentive payment in an amount equal to

10 percent of the base annual pay of the employee

if the Director of the Intelligence Community Counter-

intelligence Office determines the performance of the

employee is exceptional.

(ii) E

LIGIBILITY

.—An employee is only eligible for

an incentive payment under clause (i) if the employee

enters into an agreement with the Director of National

Intelligence to serve in the Intelligence Community

Counterintelligence Office for a period of at least 2

years.

(e) F

UNDING

.—To the extent and in such amounts as specifically

provided in advance in appropriations Acts for the purposes detailed

in this subsection, the Director of National Intelligence may expend

such sums as are authorized within the National Intelligence Pro-

gram of the Office of the Director of National Intelligence for—

(1) the renovation, furnishing, and equipping of a Federal

building, as necessary, to meet the security and operational

Contracts.

Determination.

Time periods.

Time period.

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137 STAT. 1036 PUBLIC LAW 118–31—DEC. 22, 2023

requirements of the Intelligence Community Counterintel-

ligence Office;

(2) the provision of connectivity to the Intelligence Commu-

nity Counterintelligence Office to enable briefings, secure audio

and video communications, and collaboration between

employees of the Department and the intelligence community

at the unclassified, secret, and top secret levels;

(3) the provision of other information technology systems

and devices, such as computers, printers, and phones, for use

by employees of the Intelligence Community Counterintel-

ligence Office;

(4) the assignment of employees of the intelligence commu-

nity to support the operation of the Intelligence Community

Counterintelligence Office; and

(5) the provision of other personal services necessary for

the operation of the Intelligence Community Counterintel-

ligence Office.

(f) D

EADLINE FOR

STABLISHMENT OF THE

NTELLIGENCE

OMMUNITY

OUNTERINTELLIGENCE

FFICE

.—

(1) E

STABLISHMENT

.—Not later than January 1, 2025, the

Director of National Intelligence shall seek to establish, in

accordance with this section, the Intelligence Community

Counterintelligence Office within the Department.

(2) R

EPORT

.—Not later than 180 days after the date of

the enactment of this Act, the Director of National Intelligence

shall submit to the congressional intelligence committees, the

Committee on Appropriations of the Senate, and the Committee

on Appropriations of the House of Representatives a report

on the plan to establish the Intelligence Community Counter-

intelligence Office required under paragraph (1). Such report

shall include the costs and schedule associated with estab-

lishing the Intelligence Community Counterintelligence Office.

SEC. 7319. SUNSET OF CLIMATE SECURITY ADVISORY COUNCIL.

Section 120(e) of the National Security Act of 1947 (50 U.S.C.

3060(e)) is amended by striking ‘‘December 31, 2025’’ and inserting

‘‘December 31, 2024’’.

SEC. 7320. INCLUSION OF COUNTERNARCOTICS AS SPECIAL TOPIC IN

CERTAIN BUDGET JUSTIFICATION MATERIALS.

(a) I

NCLUSION OF

OUNTERNARCOTICS AS

PECIAL

OPIC

.—For

the purposes of the congressional budget justification book for the

National Intelligence Program (as such term is defined in section

3 of the National Security Act of 1947 (50 U.S.C. 3003)) for each

of fiscal years 2025 through 2027, and for any subsequent fiscal

year as the Director of National Intelligence determines appropriate,

information with respect to the aggregate amount of funding

requested for counternarcotics required to be included as part of

the budget justification materials submitted to Congress under

section 506(a)(3) of such Act shall be included as a provision relating

to a special topic in such congressional budget justification book.

(b) C

ONTENTS

.—With respect to a fiscal year, the special topic

provision included in the congressional budget justification book

pursuant to subsection (a) regarding the aggregate amount of

funding requested for counternarcotics shall include—

(1) a summary of the main activities and investments that

such requested funding would support;

Summary.

Time period.

Determination.

50 USC 3096

note.

Costs.

schedule.

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137 STAT. 1037 PUBLIC LAW 118–31—DEC. 22, 2023

(2) a breakdown of such requested funding by program,

budget category, intelligence discipline, and any other appro-

priate classification;

(3) a comparison of aggregate requested funding and aggre-

gate enacted funding for counternarcotics for the current fiscal

year and the previous fiscal year;

(4) the number of full-time equivalent civilian and military

personnel assigned to the counternarcotics mission of the intel-

ligence community; and

(5) such other information as the Director of National Intel-

ligence determines appropriate.

SEC. 7321. DEVELOPMENT OF PLAN TO MAKE OPEN-SOURCE INTEL-

LIGENCE PRODUCTS AVAILABLE TO CERTAIN FEDERAL

EMPLOYEES.

(a) P

LAN

EQUIREMENT

.—Not later than 180 days after the

date of the enactment of this Act, the Director of National Intel-

ligence, in consultation with such heads of the elements of the

intelligence community as the Director considers appropriate, shall

develop and submit to the appropriate committees of Congress

a plan to make available to covered individuals any covered open-

source intelligence product.

(b) E

LEMENTS

.—The plan required under subsection (a) shall

include the following:

(1) Policies and procedures to make available to covered

individuals any covered open-source intelligence product in a

manner consistent with the protection of intelligence sources

and methods.

(2) Policies and procedures to increase the availability and

accessibility to covered individuals of publicly available foreign

language material that is translated by or within the intel-

ligence community.

(3) Policies and procedures to ensure that the head of

each element of the intelligence community that produces any

covered open-source intelligence product complies with all poli-

cies and procedures issued to implement the plan submitted

under subsection (a).

(4) Policies and procedures to ensure that any covered

open-source intelligence product that is made available to cov-

ered individuals satisfies the requirements under any policy,

procedure, or standard issued by the head of an element of

the intelligence community relating to the production and

dissemination of intelligence products.

(5) Any obstacles to making available to covered individuals

unclassified products derived from open-source intelligence pro-

duced by the intelligence community, including translated for-

eign language material described in paragraph (2).

(6) With respect to implementation of the plan, a discussion

of the estimated timeline, any additional funding or other

resources, and any new authorities that would be required

for such implementation.

(7) A discussion of the feasibility and advisability of making

unclassified products derived from open-source intelligence pro-

duced by the intelligence community available to State and

local government officials who would derive value from such

unclassified products.

Procedures.

Deadline.

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137 STAT. 1038 PUBLIC LAW 118–31—DEC. 22, 2023

(8) Policies and procedures relating to the dissemination

of United States person information contained in covered open-

source intelligence products.

ORM

.—The plan required under subsection (a) shall be

submitted in unclassified form, but may include a classified annex.

(d) I

NTELLIGENCE

OMMUNITY

IRECTIVE

ITH

ESPECT TO

PEN

SOURCE

NTELLIGENCE

.—Not later than 180 days after the

date of the enactment of this Act, the Director of National Intel-

ligence shall update Intelligence Community Directive 208, Maxi-

mizing the Utility of Analytic Products (or any successor directive)

to specifically address—

(1) the production and dissemination of unclassified intel-

ligence products derived entirely from open-source intelligence,

including from unclassified publicly available information,

unclassified commercially available information, or any other

type of unclassified information; and

(2) the needs and requirements of covered individuals who

do not hold a security clearance or have access to the classified

systems on which such unclassified intelligence products reside.

(e) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the congressional intelligence committees;

(B) the Committee on Homeland Security and Govern-

mental Affairs, the Committee on the Judiciary, and the

Committee on Appropriations of the Senate; and

the Committee on the Judiciary, and the Committee on

Appropriations of the House of Representatives.

(2) C

OVERED INDIVIDUAL

.—The term ‘‘covered individual’’

means an employee of the Federal Government—

(A) who is not an employee or contractor of an element

of the intelligence community; and

(B) who would derive value from a covered open-source

intelligence product.

(3) C

OVERED OPEN

SOURCE INTELLIGENCE PRODUCT

.—The

term ‘‘covered open-source intelligence product’’ means an

unclassified product derived from open-source intelligence that

is produced by the intelligence community.

SEC. 7322. INTELLIGENCE COMMUNITY-WIDE POLICY ON PREPUBLICA-

TION REVIEW.

Not later than 30 days after the date of the enactment of

this Act, the Director of National Intelligence shall issue, and

submit to the congressional intelligence committees, the Committee

on the Judiciary, the Committee on Homeland Security and Govern-

mental Affairs, and the Committee on Appropriations of the Senate,

and the Committee on the Judiciary, the Committee on Oversight

and Accountability, and the Committee on Appropriations of the

House of Representatives, an intelligence community-wide policy

regarding prepublication review.

SEC. 7323. REVIEW RELATING TO CONFIDENTIAL HUMAN SOURCE PRO-

GRAM OF FEDERAL BUREAU OF INVESTIGATION.

(a) R

EVIEW

.—The Inspector General of the Intelligence Commu-

nity, in coordination with the Inspector General of the Department

of Justice, shall conduct a review of the policies and procedures

governing the confidential human source program of the Federal

Procedures.

Deadline.

50 USC 3161

note.

Deadline.

Update.

50 USC 3367

note.

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137 STAT. 1039 PUBLIC LAW 118–31—DEC. 22, 2023

Bureau of Investigation (in this section referred to as the ‘‘program)’’

and the compliance by the Federal Bureau of Investigation with

such policies and procedures, including—

(1) the policy of the Department of Justice titled ‘‘The

Attorney General’s Guidelines Regarding the Use of FBI Con-

fidential Sources’’ (or successor policy); and

(2) Intelligence Community Directive 304 (or successor

directive).

(b) E

LEMENTS

.—The review under subsection (a) shall include

the following:

(1) An assessment of the compliance by the Federal Bureau

of Investigation with the policies and procedures governing

the program, including with respect to the management and

validation of confidential human sources under such program.

(2) An assessment of the means by which the Federal

Bureau of Investigation conducts risk assessments relating to

the continual validation of long-term confidential human

sources under the program.

(3) An assessment of the timeliness and completion rates

of the reviews of confidential human sources under the program.

(4) An identification of the data points assessed by the

Federal Bureau of Investigation during such reviews and the

State and local databases used in conducting such reviews.

(5) A list containing an identification of each incident of

noncompliance with a policy or procedure specified in paragraph

(1).

UBMISSION

.—Not later than 90 days after the date on

which the review under subsection (a) is completed, the Inspector

General of the Intelligence Community shall submit to the congres-

sional intelligence committees, the Committee on the Judiciary

and the Committee on Appropriations of the Senate, and the Com-

mittee on the Judiciary and the Committee on Appropriations of

the House of Representatives a report containing the results of

such review.

SEC. 7324. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN

ACTIVITIES AND ASSESSMENT OF THE OVERT HUMAN

INTELLIGENCE AND OPEN SOURCE INTELLIGENCE

COLLECTION PROGRAMS OF THE OFFICE OF INTEL-

LIGENCE AND ANALYSIS OF THE DEPARTMENT OF HOME-

LAND SECURITY.

(a) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means the following:

(A) The congressional intelligence committees.

(B) The Committee on Homeland Security and Govern-

mental Affairs of the Senate.

of Representatives.

(2) C

OVERED ACTIVITY

.—The term ‘‘covered activity’’

means—

(A) with respect to the Overt Human Intelligence

Collection Program, an interview for intelligence collection

purposes with any individual, including a United States

person, who has been criminally charged, arraigned, or

taken into the custody of a Federal, State, or local law

enforcement agency, but whose guilt with respect to such

6 USC 121 note.

Reports.

List.

Assessments.

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137 STAT. 1040 PUBLIC LAW 118–31—DEC. 22, 2023

criminal matters has not yet been adjudicated, unless the

Office of Intelligence and Analysis has obtained the consent

of the interviewee following consultation with counsel;

(B) with respect to either the Overt Human Intelligence

Collection Program or the Open Source Intelligence Collec-

tion Program, any collection targeting journalists in the

performance of their journalistic functions; and

Collection Program, an interview for intelligence collection

purposes with a United States person where the Office

of Intelligence and Analysis lacks a reasonable belief based

on facts and circumstances that the United States person

may possess significant foreign intelligence (as defined in

section 3 of the National Security Act of 1947 (50 U.S.C.

3003)).

(3) O

VERT HUMAN INTELLIGENCE COLLECTION PROGRAM

.—

The term ‘‘Overt Human Intelligence Collection Program’’

means the program established by the Under Secretary of

Homeland Security for Intelligence and Analysis pursuant to

Policy Instruction 907 of the Office of Intelligence and Analysis,

issued on June 29, 2016, or any successor program.

(4) O

PEN SOURCE INTELLIGENCE COLLECTION PROGRAM

.—

The term ‘‘Open Source Collection Intelligence Program’’ means

the program established by the Under Secretary of Homeland

Security for Intelligence and Analysis for the purpose of col-

lecting intelligence and information for potential production

and reporting in the form of Open Source Information Reports

as reflected in Policy Instruction 900 of the Office of Intelligence

and Analysis, issued on January 13, 2015, or any successor

program.

(5) U

NITED STATES PERSON

.—The term ‘‘United States per-

son’’ means—

(A) a United States citizen;

(B) an alien known by the Office of Intelligence and

Analysis to be a permanent resident alien;

posed of United States citizens or permanent resident

aliens; or

(D) a corporation incorporated in the United States,

except for a corporation directed and controlled by a foreign

government or governments.

(6) U

NITED STATES PERSON INFORMATION (USPI)

.—The term

‘‘United States person information’’—

(A) means information that is reasonably likely to iden-

tify 1 or more specific United States persons; and

(B) may be either a single item of information or

information that, when combined with other available

information, is reasonably likely to identify one or more

specific United States persons.

(b) P

ROHIBITION ON

VAILABILITY OF

UNDS FOR

OVERED

CTIVITIES OF

VERT

UMAN

NTELLIGENCE

OLLECTION

ROGRAM

AND

PEN

OURCE

NTELLIGENCE

OLLECTION

ROGRAM

.—None of

the funds authorized to be appropriated by this division may be

made available to the Office of Intelligence and Analysis of the

Department of Homeland Security to conduct a covered activity.

IMITATION ON

ERSONNEL

.—None of the funds authorized

to be appropriated by this division may be used by the Office

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137 STAT. 1041 PUBLIC LAW 118–31—DEC. 22, 2023

of Intelligence and Analysis of the Department of Homeland Secu-

rity to increase, above the staffing level in effect on the day before

the date of the enactment of this Act, the number of personnel

assigned to the Open Source Intelligence Division who work exclu-

sively or predominantly on domestic terrorism issues.

(d) I

NSPECTOR

ENERAL OF THE

NTELLIGENCE

OMMUNITY

SSESSMENT OF

VERT

UMAN

NTELLIGENCE

OLLECTION

GRAM AND

PEN

OURCE

NTELLIGENCE

OLLECTION

ROGRAM

.—

(1) R

EQUIREMENT

.—The Inspector General of the Intel-

ligence Community shall conduct an assessment of the Overt

Human Intelligence Collection Program and the Open Source

Intelligence Collection Program.

(2) E

LEMENTS

.—The assessment under paragraph (1) shall

include findings and, as the Inspector General considers appro-

priate, recommendations on the following:

(A) Whether the Overt Human Intelligence Collection

Program and the Open Source Intelligence Collection Pro-

gram are legally authorized, and if so, an identification

of the legal authorities.

(B) Whether, and to what extent, such programs have

provided valuable insights on national intelligence prior-

ities and intelligence priorities of the Department of Home-

land Security, citing specific examples of such insights

at the appropriate classification level.

and sufficient oversight provided of, personnel of the Office

of Intelligence and Analysis of the Department of Homeland

Security who conduct intelligence collection under such

programs.

(D) Whether the responsibilities and requirements for

such programs set forth in the relevant policy instructions,

intelligence oversight guidelines, and other governing docu-

ments or standard operating procedures of the Office of

Intelligence and Analysis, particularly as they relate to

the obligation to safeguard the privacy, civil liberties, and

civil rights of United States persons, are adequate, appro-

priate, and consistently adhered to by such personnel.

(E) Whether such programs raise or have raised legal,

ethical, or operational concerns, including concerns relating

to the actual or potential violation of any applicable policies

or procedures for protecting the constitutional or statutory

rights of United States persons.

(F) Whether other Federal agencies, such as the Fed-

eral Bureau of Investigation, conduct similar programs and,

if so, a comparison of any similarities and differences

between the respective programs.

(G) With respect to non-analytic intelligence reports

produced by the Office of Intelligence and Analysis derived

in whole or in part from such programs, whether such

reports appropriately minimize United States person

information and use press reporting in an appropriate

manner.

(H) With respect to the Open Source Intelligence

Collection Program, whether such program is effective at

identifying threats directed against the United States,

including true threats, incitement to violence, and malign

cyber activity.

Recommenda-

tions.

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137 STAT. 1042 PUBLIC LAW 118–31—DEC. 22, 2023

(I) Whether there have been any identified instances

in which State, local, territorial, or Tribal government agen-

cies have used, or sought to use, the Office of Intelligence

and Analysis as an instrument to introduce political or

politicized information into the national intelligence collec-

tion and reporting stream.

(J) Any other matter the Inspector General of the

Intelligence Community determines appropriate.

(3) B

RIEFING

.—Not later than 120 days after the date of

the enactment of this Act, the Inspector General of the Intel-

ligence Community shall provide to the appropriate congres-

sional committees a briefing on the preliminary findings and

recommendations of the Inspector General with respect to the

assessment under paragraph (1).

(4) R

EPORT

.—

(A) I

N GENERAL

.—Not later than 180 days after the

date of the enactment of this Act, the Inspector General

of the Intelligence Community shall submit to the appro-

priate congressional committees a report containing the

findings and recommendations of the Inspector General

with respect to the assessment under paragraph (1).

(B) F

ORM

.—The report submitted pursuant to subpara-

graph (A) shall be submitted under that subparagraph

in unclassified form, but may include a classified annex.

(5) Q

UARTERLY BRIEFINGS

.—The Under Secretary of Home-

land Security for Intelligence and Analysis shall, not less than

once per quarter, provide to the appropriate congressional

committees a briefing on the intelligence collection activities

of the Office of Intelligence and Analysis. These briefings shall

include—

(A) a description of any new activities, initiatives, or

efforts undertaken pursuant to the Overt Human Intel-

ligence Collection Program or the Open Source Intelligence

Collection Program;

(B) a description of any new policies, procedures, or

guidance concerning the Overt Human Intelligence Collec-

tion Program or the Open Source Intelligence Collection

Program;

investigations, reviews, checks, or audits initiated con-

cerning the Overt Human Intelligence Collection Program

or the Open Source Intelligence Collection Program, as

well as an update on the outcome or status of any pre-

existing inquiries, investigations, reviews, checks, or audits

concerning these programs;

(D) a comparison of the volume of intelligence and

information collected on United States persons by the Office

and used in finished intelligence products produced by

the Office with the volume of intelligence or information

on United States persons that is—

(i) collected by State, local, and Tribal territory

governments, the private sector, and other components

of the Department of Homeland Security;

(ii) provided directly or indirectly to the Office;

and

(iii) used in finished intelligence products produced

by the Office; and

Update.

Deadline.

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137 STAT. 1043 PUBLIC LAW 118–31—DEC. 22, 2023

(E) information on the reports and products issued

by the Overt Human Intelligence Collection Program and

the Open Source Intelligence Collection Program for the

quarter covered by the briefing, which shall reflect—

(i) the number of reports and products issued by

each program;

(ii) the number of reports and products issued

by type or format of the report or product;

(iii) the number of reports and products based

on information provided by representatives of Federal,

foreign or international, State, local, Tribal, territorial,

or private sector entities, respectively, and, for each

of these subcategories, the number of reports or prod-

ucts based on information provided by known or pre-

sumed United States persons;

(iv) the number of reports and products based on

information provided by individuals in administrative

custody and, within that number, the number of

reports or products based on information provided by

known or presumed United States persons;

(v) the number of reports and products based on

information provided by confidential informants and,

within that number, the number of reports or products

based on information provided by known or presumed

United States persons;

(vi) the number of reports and products supporting

different national or departmental missions and, for

each of these subcategories, the number of reports

or products based on information provided by known

or presumed United States persons; and

(vii) the number of reports and products identifying

United States persons.

(e) R

ULES OF

ONSTRUCTION

.—

(1) E

FFECT ON OTHER INTELLIGENCE OVERSIGHT

.—Nothing

in this section shall be construed as limiting or superseding

the authority of any official within the Department of Homeland

Security to conduct legal, privacy, civil rights, or civil liberties

oversight of the intelligence activities of the Office of Intel-

ligence and Analysis.

(2) S

HARING AND RECEIVING INTELLIGENCE INFORMATION

.—

Nothing in this section shall be construed to prohibit, or to

limit the authority of, personnel of the Office of Intelligence

and Analysis from sharing intelligence information with, or

receiving information from—

(A) foreign, State, local, Tribal, or territorial govern-

ments (or any agency or subdivision thereof);

(B) the private sector; or

including the components of the Department of Homeland

Security.

SEC. 7325. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN

NATIONAL INTELLIGENCE PRIORITIES FRAMEWORK.

It is the sense of Congress that the trafficking of illicit fentanyl,

including precursor chemicals and manufacturing equipment associ-

ated with illicit fentanyl production and organizations that traffic

or finance the trafficking of illicit fentanyl, originating from the

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137 STAT. 1044 PUBLIC LAW 118–31—DEC. 22, 2023

People’s Republic of China and Mexico should be among the highest

priorities in the National Intelligence Priorities Framework of the

Office of the Director of National Intelligence.

SEC. 7326. REPORTS ON CIVILIAN CASUALTIES CAUSED BY CERTAIN

OPERATIONS OF FOREIGN GOVERNMENTS.

(a) A

NNUAL

EPORTS

.—Not later than 1 year after the date

of the enactment of this Act, and annually thereafter for 2 years,

the Director of National Intelligence shall submit to the congres-

sional intelligence committees, the Committee on Appropriations

of the Senate, the Committee on Appropriations of the House of

Representatives, and, consistent with the protection of intelligence

sources and methods, the Foreign Relations Committee of the

Senate and the Foreign Affairs Committee of the House of Rep-

resentatives, a report on civilian casualties caused by covered oper-

ations.

(b) E

LEMENTS

.—Each report under subsection (a) shall include,

for the year covered by the report, each of the following:

(1) A list identifying each covered operation during that

year that has resulted in civilian casualties that the Director

of National Intelligence has confirmed.

(2) An identification of the total number of civilian casual-

ties resulting from covered operations during that year that

the Director of National Intelligence has confirmed.

(3) For each covered operation identified in the list under

paragraph (1), an identification of the following:

(A) The date on which, and the location where, the

covered operation occurred.

(B) The element of the foreign government that con-

ducted the covered operation.

operation was directed.

(D) Any other circumstances or facts that the Director

of National Intelligence determines relevant.

ORM

.—Each report required under subsection (a) may be

submitted in classified form, but if so submitted shall include an

unclassified executive summary.

(d) C

OVERED

PERATION

EFINED

.—In this section, the term

‘‘covered operation’’ means an operation—

(1) conducted by a foreign government;

(2) involving the use of force; and

(3) in which intelligence shared by an element of the intel-

ligence community plays a significant role.

SEC. 7327. MODIFICATION AND REPEAL OF REPORTING REQUIRE-

MENTS.

(a) M

ODIFICATION OF

REQUENCY OF

HISTLEBLOWER

OTIFICA

TIONS TO

NSPECTOR

ENERAL OF THE

NTELLIGENCE

OMMUNITY

.—

Section 5334(a) of the Damon Paul Nelson and Matthew Young

Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019,

and 2020 (Public Law 116–92; 50 U.S.C. 3033 note) is amended

by striking ‘‘in near real time’’ and inserting ‘‘monthly’’.

(b) R

EPEAL OF

EQUIREMENT FOR

NSPECTORS

ENERAL

EVIEWS OF

NHANCED

ERSONNEL

ECURITY

ROGRAMS

.—

(1) I

N GENERAL

.—Section 11001 of title 5, United States

Code, is amended—

(A) by striking subsection (d); and

(B) by redesignating subsection (e) as subsection (d).

Classified

information.

Summary.

List.

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137 STAT. 1045 PUBLIC LAW 118–31—DEC. 22, 2023

(2) T

ECHNICAL CORRECTIONS

.—Subsection (d) of section

11001 of such title, as redesignated by paragraph (1)(B), is

amended—

(A) in paragraph (3), by adding ‘‘and’’ after the semi-

colon at the end; and

(B) in paragraph (4), by striking ‘‘; and’’ and inserting

a period.

EPEAL OF

ONGRESSIONAL

OTIFICATION

EQUIREMENT FOR

EGREE

GRANTING

UTHORITY OF THE

ATIONAL

NTELLIGENCE

NIVERSITY

.—Section 1032(c) of the National Security Act of 1947

(50 U.S.C. 3225a(c)) is repealed.

(d) R

EPEAL OF

EQUIREMENT FOR

IRECTOR OF

ATIONAL

NTELLIGENCE TO

PDATE

IST

DENTIFYING

NLINE

IOLENT

XTREMIST

ONTENT

.—Section 403(b) of the Intelligence Authoriza-

tion Act for Fiscal Year 2017 (50 U.S.C. 3368(b)) is amended by

striking ‘‘or more frequently as needed’’ and inserting ‘‘until the

date of the enactment of the Intelligence Authorization Act for

Fiscal Year 2024’’.

(e) R

EPEAL OF

EQUIREMENT FOR

NNUAL

EPORT ON

LLICIT

INANCING OF

SPIONAGE AND

OREIGN

NFLUENCE

PERATIONS

.—

Section 5722(d) of the Damon Paul Nelson and Matthew Young

Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019,

and 2020 (Public Law 116–92; 133 Stat. 2176) is amended—

(1) in the heading, by striking ‘‘R

EPORTS

’’ and inserting

‘‘R

EPORT

’’;

(2) in the heading of paragraph (1), by striking ‘‘I

NITIAL

REPORT

’’ and inserting ‘‘I

N GENERAL

’’;

(3) by striking paragraph (2) and redesignating paragraph

(3) as paragraph (2); and

(4) in paragraph (2), as so redesignated, by striking ‘‘Each

report’’ and inserting ‘‘The report’’.

Subtitle B—Central Intelligence Agency

SEC. 7331. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF

MENTAL HEALTH TREATMENT FOR UNLAWFUL CONDUCT

ON CENTRAL INTELLIGENCE AGENCY INSTALLATIONS.

Section 15(b) of the Central Intelligence Agency Act of 1949

(50 U.S.C. 3515(b)) is amended, in the second sentence, by striking

‘‘those specified in section 1315(c)(2) of title 40, United States Code’’

and inserting ‘‘the maximum penalty authorized for a Class B

misdemeanor under section 3559 of title 18, United States Code’’.

SEC. 7332. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE

CENTRAL INTELLIGENCE AGENCY.

Section 3 of the Central Intelligence Agency Act of 1949 (50

U.S.C. 3503) is amended—

(1) in subsection (a), by striking ‘‘sections’’ and all that

follows through ‘‘session)’’ and inserting ‘‘sections 3201, 3203,

3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801

through 3808, 3069, 3134, 3841, and 4752 of title 10, United

States Code’’ and

(2) in subsection (d), by striking ‘‘in paragraphs’’ and all

that follows through ‘‘1947’’ and inserting ‘‘in sections 3201

through 3204 of title 10, United States Code, shall not be

delegable. Each determination or decision required by sections

50 USC 3227a.

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137 STAT. 1046 PUBLIC LAW 118–31—DEC. 22, 2023

3201 through 3204, 3321 through 3323, and 3841 of title 10,

United States Code’’.

SEC. 7333. INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE

AGENCY QUARTERLY EMPLOYEE ENGAGEMENT SUM-

MARIES.

(a) D

EFINITION OF

PPROPRIATE

ONGRESSIONAL

OMMIT

TEES

.—In this section, the term ‘‘appropriate congressional commit-

tees’’ means—

(1) the Select Committee on Intelligence and the Sub-

committee on Defense of the Committee on Appropriations of

the Senate; and

(2) the Permanent Select Committee on Intelligence and

the Subcommittee on Defense of the Committee on Appropria-

tions of the House of Representatives.

(b) I

ENERAL

.—Not later than 30 days after the last day

of the first full fiscal quarter beginning after the date of the enact-

ment of this Act and not later than 30 days after the last day

of each fiscal quarter thereafter until the last fiscal quarter of

fiscal year 2027, the Inspector General of the Central Intelligence

Agency shall submit to the appropriate congressional committees

a summary of the engagement of employees of the Central Intel-

ligence Agency with the Inspector General during that quarter.

ONTENTS

.—Each summary submitted pursuant to sub-

section (b) shall include each of the following for the quarter covered

by the summary:

(1) The total number of reports filed with the Inspector

General by employees of the Agency.

(2) An identification of the nature of the allegation made

in each such report, such as—

(A) fraud, waste, and abuse;

(B) harassment or other personnel issues;

(D) threats to health and safety.

(3) For each such report—

(A) whether an investigation was initiated because of

the report;

(B) for any such investigation, whether the status of

the investigation is initiated, in progress, or complete; and

tion made in the report was found to be substantiated

or unsubstantiated, and whether any recommendations or

criminal referrals were made as a result.

(4) A copy of any audit, assessment, inspection, or other

final report completed by the Inspector General during the

quarter covered by the summary.

SEC. 7334. BENJAMIN TALLMADGE INSTITUTE AS PRIMARY CENTRAL

INTELLIGENCE AGENCY ENTITY FOR EDUCATION AND

TRAINING IN COUNTERINTELLIGENCE.

(a) I

ENERAL

.—The Director of the Central Intelligence

Agency shall maintain the Benjamin Tallmadge Institute as the

primary entity within the Central Intelligence Agency for education

and training related to all aspects of counterintelligence.

(b) R

ESPONSIBILITIES OF

IRECTOR

.—The Director of the Central

Intelligence Agency shall—

(1) ensure the Institute is fully and properly organized

and has the resources necessary to provide counterintelligence

50 USC 3385.

Records.

Deadline.

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137 STAT. 1047 PUBLIC LAW 118–31—DEC. 22, 2023

education and training for all career fields within the Agency,

including specialized certifications for Agency counterintel-

ligence personnel;

(2) develop appropriate certification courses that are

designed to educate, train, and certify Agency personnel in—

(A) counterintelligence threats, insider threats, and

other counterintelligence processes and issues;

(B) the conduct and support of counterintelligence

inquiries and investigations;

eral law enforcement; and

(D) any other skills as the Director determines nec-

essary;

(3) identify and designate specific positions for which an

individual shall be required to have a certification described

in paragraph (2) prior to filling such a position; and

(4) develop necessary infrastructure and capacity to support

the availability of courses under subsection (c) to increase

participation by personnel from other components of the intel-

ligence community in the courses offered by the Institute.

RAINING AND

AMILIARIZATION

OURSES

.—

(1) I

N GENERAL

.—The head of the Institute shall—

(A) develop training and familiarization courses at dif-

ferent classification levels, including courses at an unclassi-

fied level; and

(B) offer instruction in the courses developed under

subparagraph (A) or make training curricula available to

other intelligence community components, as appropriate,

to support outreach efforts.

(2) A

VAILABILITY OF COURSES

.—The training and famil-

iarization courses developed under paragraph (1) shall be made

available to any of the following that have a need and appro-

priate clearance, as determined by the Director of the National

Counterintelligence and Security Center in consultation with

the Director of the Central Intelligence Agency, for a general

education on counterintelligence threats, briefings on specific

topics, or other training related to counterintelligence:

(A) Federal departments and agencies that are not

elements of the intelligence community.

(B) State, local, and Tribal governments.

(D) Such other personnel and entities as appropriate.

(d) B

ASELINE

ERTIFICATION

OURSE

.—

(1) I

N GENERAL

.—The Institute shall develop, in coordina-

tion with the National Counterintelligence and Security Center

and the Defense Intelligence Agency, and implement a baseline

certification course for all counterintelligence career profes-

sionals that aligns the minimum certification requirements of

the course and the Defense Counterintelligence Agent Course

of the Joint Counterintelligence Training Activity.

(2) A

VAILABILITY OF COURSE

.—The baseline certification

course developed under paragraph (1) shall be made available,

on a space-available basis, to all intelligence community profes-

sionals and appropriate personnel with appropriate security

clearance from any other agency, committee, commission, office,

or other establishment in the executive, legislative, or judicial

branch of the Federal Government.

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137 STAT. 1048 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 7335. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESS-

MENT OF SINALOA CARTEL AND JALISCO CARTEL.

(a) A

SSESSMENT

.—Not later than 90 days after the date of

the enactment of this Act, the Director of the Central Intelligence

Agency, in consultation with the heads of the other elements of

the intelligence community that the Director determines appro-

priate, shall submit to the appropriate committees of Congress

an intelligence assessment on the transnational criminal organiza-

tions known as the Sinaloa Cartel and the Jalisco Cartel.

(b) E

LEMENTS

.—The intelligence assessment under subsection

(a) shall include, with respect to each transnational criminal

organization specified in such subsection, a description of the fol-

lowing:

(1) The key leaders, organizational structure, subgroups,

presence in the states within Mexico, and cross-border illicit

drug smuggling routes of the transnational criminal organiza-

tion.

(2) The practices used by the transnational criminal

organization to import the chemicals used to make synthetic

drugs, to produce such drugs, and to smuggle such drugs across

the border into the United States.

(3) The main suppliers and the main brokers that supply

the transnational criminal organization with precursor chemi-

cals and equipment used in the production of synthetic drugs.

(4) The manner in which the transnational criminal

organization is tailoring the fentanyl products of such organiza-

tion to attract a wider variety of United States consumers,

including unwitting users.

(5) The degree to which the transnational criminal

organization is using human and technical operations to under-

mine counternarcotics efforts by United States and Mexican

security services.

(6) An estimate of the annual revenue received by the

transnational criminal organization from the sale of illicit

drugs, disaggregated by drug type.

(7) Any other information the Director of the Central Intel-

ligence Agency determines relevant.

ORM

.—The intelligence assessment under subsection (a)

may be submitted in classified form.

(d) D

EFINITION OF

PPROPRIATE

OMMITTEES OF

ONGRESS

.—

In this section, the term ‘‘appropriate committees of Congress’’

means—

(1) the congressional intelligence committees;

(2) the Committee on Foreign Relations, the Committee

on Homeland Security and Governmental Affairs, the Com-

mittee on Banking, Housing, and Urban Affairs, and the Com-

mittee on Appropriations of the Senate; and

(3) the Committee on Foreign Affairs, the Committee on

Homeland Security, and the Committee on Appropriations of

the House of Representatives.

SEC. 7336. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESS-

MENT WITH RESPECT TO EFFORTS BY PEOPLE’S

REPUBLIC OF CHINA TO INCREASE INFLUENCE IN

MIDDLE EAST.

(a) A

SSESSMENT

.—Not later than 90 days after the date of

the enactment of this Act, the Director of the Central Intelligence

Deadline.

Mexico.

Drugs and drug

abuse.

Law enforcement

and crime.

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137 STAT. 1049 PUBLIC LAW 118–31—DEC. 22, 2023

Agency, in consultation with such heads of the other elements

of the intelligence community that the Director of National Intel-

ligence determines appropriate, shall submit to the appropriate

congressional committees an intelligence assessment on efforts by

the People’s Republic of China to increase its influence, through

overt or covert means, with respect to the political, military, eco-

nomic, or other policies or activities of governments of countries

and territories in the Middle East in ways that are detrimental

to the national security interests of the United States.

(b) E

LEMENTS

.—The intelligence assessment required under

subsection (a) shall include the following:

(1) A summary of the key relationships that the People’s

Republic of China has developed, or is seeking to develop,

with countries and territories in the Middle East, and the

national security objectives that the People’s Republic of China

intends to advance through such established or emerging rela-

tionships.

(2) A description of the relationship between the People’s

Republic of China and Iran, including in the areas of security

cooperation and intelligence sharing.

(3) An identification of the countries and territories in

the Middle East in which the People’s Republic of China has

established, or is seeking to establish, a military or intelligence

presence or military or intelligence partnerships.

(4) An assessment of how the People’s Republic of China

seeks to weaken the role, influence, and relationships of the

United States with respect to countries and territories in the

Middle East, including through the Global Security Initiative

of the People’s Republic of China, including through commercial

engagements and agreements with state-owned enterprises of

the People’s Republic of China.

(5) An analysis of whether, and to what degree, efforts

by the People’s Republic of China to increase its influence

among countries and territories in the Middle East are designed

to support the broader strategic interests of the People’s

Republic of China, including with respect to Taiwan.

ORM

.—The intelligence assessment required under sub-

section (a) may be submitted in classified form.

(d) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means the following:

(A) The congressional intelligence committees.

(B) The Committee on Foreign Relations, the Com-

mittee on Armed Services, and the Committee on Appro-

priations of the Senate.

on Armed Services, the Committee on Appropriations, and

the Select Committee on the Strategic Competition

Between the United States and the Chinese Communist

Party of the House of Representatives.

(2) C

OUNTRIES AND TERRITORIES IN THE MIDDLE EAST

.—

The term ‘‘countries and territories in the Middle East’’ means—

(A) Algeria;

(B) Bahrain;

(D) Iran;

(E) Iraq;

Classified

information.

Analysis.

Taiwan.

Summary.

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137 STAT. 1050 PUBLIC LAW 118–31—DEC. 22, 2023

(F) Israel;

(G) Jordan;

(H) Kuwait;

(I) Lebanon;

(J) Libya;

(K) Morocco;

(L) Oman;

(M) the Palestinian territories;

(N) Qatar;

(O) Saudi Arabia;

(P) Syria;

(Q) Tunisia;

(R) the United Arab Emirates; and

(S) Yemen.

SEC. 7337. ASSESSMENT OF AVAILABILITY OF MENTAL HEALTH AND

CHAPLAIN SERVICES TO AGENCY EMPLOYEES.

(a) A

SSESSMENT

.—The Director of the Central Intelligence

Agency shall conduct an assessment on the availability of the serv-

ices of mental health professionals and chaplains with appropriate

security clearances to employees of the Agency. Such assessment

shall include—

(1) an evaluation of the current availability of and demand

for such services globally;

(2) an assessment of the feasibility of expanding the avail-

ability of such services;

(3) information, including a detailed schedule and cost esti-

mate, as to what would be required to increase the availability

of such services for Agency employees located in the United

States and abroad; and

(4) information on the feasibility and advisability of

requiring that each employee returning from a high risk or

high threat tour, as designated by the Director, access the

services of a mental health professional, chaplain, or both,

at the option of the employee.

(b) R

EPORT

.—Not later than 210 days after the date of the

enactment of this Act, the Director shall submit to the appropriate

congressional committees a report on the assessment required by

subsection (a).

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the Permanent Select Committee on Intelligence

and the Subcommittee on Defense of the Committee on

Appropriations of the House of Representatives; and

(B) the Select Committee on Intelligence and the Sub-

committee on Defense of the Committee on Appropriations

of the Senate.

(2) C

HAPLAIN

.—The term ‘‘chaplain’’ means a member of

the Chaplain Corps, as established under section 26 of the

Central Intelligence Agency Act of 1949 (50 U.S.C. 3527), whom

the Director has certified as meeting common standards for

professional chaplaincy and board certification by a national

chaplaincy and pastoral care organization or equivalent.

(3) M

ENTAL HEALTH PROFESSIONAL

.—The term ‘‘mental

health professional’’ means an appropriately trained and cer-

tified professional counselor, medical professional, psychologist,

Schedule.

Cost estimate.

Evaluation.

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137 STAT. 1051 PUBLIC LAW 118–31—DEC. 22, 2023

psychiatrist, or other appropriate employee, as determined by

the Director.

SEC. 7338. ASSESSMENT BY DIRECTOR OF CENTRAL INTELLIGENCE

AGENCY ON CERTAIN EFFECTS OF ABRAHAM ACCORDS.

(a) A

SSESSMENT

.—Not later than 90 days after the date of

the enactment of this Act, the Director of the Central Intelligence

Agency, in consultation with the heads of the other elements of

the intelligence community that the Director determines appro-

priate, shall submit to the appropriate committees of Congress

an assessment of the current effects on the intelligence community

of the agreements between Israel and 4 other foreign countries,

collectively known as the Abraham Accords, and of the potential

effects on the intelligence community if the Abraham Accords were

to be expanded to additional foreign countries.

(b) E

LEMENTS

.—The assessment under subsection (a) shall

include, with respect to the agreements referred to in such sub-

section, the following:

(1) A description of whether, and in what respects, the

agreement between Israel and Bahrain has resulted in the

intelligence community obtaining new and valuable insights

regarding national intelligence priorities.

(2) A description of whether, and in what respects, the

agreement between Israel and Morocco has resulted in the

intelligence community obtaining new and valuable insights

regarding national intelligence priorities.

(3) A description of whether, and in what respects, the

agreement between Israel and the United Arab Emirates has

resulted in the intelligence community obtaining new and valu-

able insights regarding national intelligence priorities.

(4) A description of whether, and in what respects, the

agreement between Israel and Sudan has resulted in the intel-

ligence community obtaining new and valuable insights

regarding national intelligence priorities.

(5) An assessment of whether, and in what respects, addi-

tional agreements between Israel and other foreign countries

to normalize or otherwise enhance relations would result in

the intelligence community obtaining new and valuable insights

regarding national intelligence priorities.

ORM

.—The assessment under subsection (a) may be sub-

mitted in classified form.

(d) D

EFINITION OF

PPROPRIATE

OMMITTEES OF

ONGRESS

.—

In this section, the term ‘‘appropriate committees of Congress’’

means—

(1) the congressional intelligence committees;

(2) the Committee on Appropriations of the Senate; and

(3) the Committee on Appropriations of the House of Rep-

resentatives.

SEC. 7339. REPORTING AND INVESTIGATING ALLEGATIONS OF SEXUAL

ASSAULT AND SEXUAL HARASSMENT WITHIN THE CEN-

TRAL INTELLIGENCE AGENCY.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) sexual assault and sexual harassment arise from, and

are often indicative of, an environment where toxic, provocative,

and sometimes significantly inappropriate behavior is tolerated;

(2) when supervisors and senior leaders at headquarters

and in the field are among the offenders and facilitate a work

50 USC 3531

note.

Classified

information.

Foreign

countries.

Determination.

Israel

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137 STAT. 1052 PUBLIC LAW 118–31—DEC. 22, 2023

climate in which toxic and disrespectful behavior is tolerated,

harassment and even assault will often go unaddressed and

unpunished;

(3) while establishing clear policies and procedures and

enhancing training are necessary first steps toward protecting

victims and establishing stronger internal mechanisms for pre-

venting and responding to future sexual assault and sexual

harassment within the Central Intelligence Agency, comprehen-

sive culture change driven by Agency leadership will be nec-

essary to accomplish impactful and enduring improvement; and

(4) it is vital for the Central Intelligence Agency to maintain

an independent and neutral person with whom all employees

at all levels, supervisors and non-supervisors, may speak con-

fidentially, informally, and off-the-record about work-related

concerns or questions.

(b) S

EXUAL

SSAULT AND

EXUAL

ARASSMENT

ITHIN THE

GENCY

.—The Central Intelligence Agency Act of 1949 (50 U.S.C.

3501 et seq.) is amended by adding at the end the following new

section:

‘‘SEC. 30. SEXUAL ASSAULT AND SEXUAL HARASSMENT WITHIN THE

AGENCY.

‘‘(a) R

ESPONSIBILITIES OF

IRECTOR

.—The Director shall carry

out the following responsibilities:

‘‘(1) Establishing professional and uniform training for

employees assigned to working with all aspects of the response

of the Agency to allegations of sexual assault and sexual harass-

ment.

‘‘(2) Developing and implementing policies and procedures

to protect the confidentiality of employees who report sexual

assault or sexual harassment and to mitigate negative effects

on the reputation or career of such an employee as a result

of such a report.

‘‘(3) Developing and implementing documented standards

for—

‘‘(A) appropriate mitigation and protection measures

for individuals who make allegations of a sexual assault

or sexual harassment to be put in place while an investiga-

tion proceeds;

‘‘(B) appropriate employee consequences to be imposed

based on the findings of an inquiry or investigation into

a substantiated allegation of sexual assault or sexual

harassment;

‘‘(C) appropriate career path protection for all

employees involved in an incident resulting in a reported

allegation of sexual assault or sexual harassment while

an administrative or criminal investigation or review of

the allegation is pending; and

‘‘(D) mitigation measures to protect employees and mis-

sion execution while such allegations are being addressed.

‘‘(4) Articulating and enforcing norms, expectations, prac-

tices, and policies, including with respect to employee pro-

motions and assignments, that are published for the workforce

and designed to promote a healthy workplace culture that

is inhospitable to sexual assault and sexual harassment.

‘‘(5) Developing and issuing workforce messaging to inform

Agency employees of policies, procedures, resources, and points

50 USC 3531.

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137 STAT. 1053 PUBLIC LAW 118–31—DEC. 22, 2023

of contact to obtain information related to, or to report, sexual

assault or sexual harassment globally.

‘‘(6) Developing and implementing sexual assault and

sexual harassment training for all Agency employees that—

‘‘(A) is designed to strengthen individual knowledge,

skills, and capacity to prevent and respond to sexual

assault and sexual harassment;

‘‘(B) includes onboarding programs, annual refresher

training, and specialized leadership training; and

‘‘(C) includes details of the definitions of sexual assault

and sexual harassment, the distinction between such terms,

and what does or does not constitute each.

‘‘(7) Developing and implementing processes and procedures

applicable to personnel involved in providing the training

referred to in paragraph (6) that—

‘‘(A) are designed to ensure seamless policy consistency

and mechanisms for submitting reports of sexual assault

and sexual harassment in all training environments; and

‘‘(B) include requirements for in-person training that—

‘‘(i) covers the reporting processes for sexual

assault and sexual harassment that are specific to

training environments for students and trainers; and

‘‘(ii) shall be provided at an appropriate time

during the first 5 days of any extended or residential

training course.

‘‘(8) Developing and implementing, in consultation with

the Victim Advocacy Specialists of the Federal Bureau of Inves-

tigation, appropriate training requirements, policies, and proce-

dures applicable to all employees whose professional respon-

sibilities include interaction with people making reports

alleging sexual assault or sexual harassment.

‘‘(9) Developing and implementing procedures under which

current and former employees of the Agency who have reported

an allegation of sexual assault or sexual harassment may obtain

documents and records related to such a report, as appropriate

and upon request.

‘‘(10) Developing and implementing procedures under which

an employee who makes a restricted or unrestricted report

containing an allegation of a sexual assault or sexual harass-

ment may transfer out of the current assignment or location

of the employee, upon the request of the employee making

the report. Such procedures shall be consistent with the privi-

lege established in section 31.

‘‘(11) Developing policies and procedures for the Special

Victim Investigator, as applicable, to facilitate outside engage-

ment requests of employees reporting allegations of sexual

assault or sexual harassment as described in sections 31 and

32.

‘‘(12) Coordinating the response of the Agency to allegations

of sexual assault and sexual harassment.

‘‘(b) S

EMIANNUAL

EPORT

.—Not less frequently than once every

180 days, the Director shall submit to the Select Committee on

Intelligence of the Senate and the Permanent Select Committee

on Intelligence of the House of Representatives a report on the

activities of all Agency offices responsible for preventing, inves-

tigating, adjudicating, and addressing claims of sexual assault or

sexual harassment. The Director shall personally review, approve,

Review.

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137 STAT. 1054 PUBLIC LAW 118–31—DEC. 22, 2023

and submit each report under this subsection on a nondelegable

basis. Each such report shall include—

‘‘(1) for the period covered by the report—

‘‘(A) the number of new allegations of sexual assault

and sexual harassment reported to any Agency office,

disaggregated by restricted and unrestricted reports;

‘‘(B) the number of new or ongoing cases in which

the Sexual Harassment/Assault Response and Prevention

Office has provided victim advocacy services;

‘‘(C) a description of all training activities related to

sexual assault and sexual harassment carried out Agency-

wide, and the number of such trainings conducted; and

‘‘(2) for the period beginning on the date of the enactment

of the Intelligence Authorization Act for Fiscal Year 2024 and

ending on the last day of the period covered by the report—

‘‘(A) the total number of allegations of sexual assault

and sexual harassment;

‘‘(B) the disposition of each report of such an allegation;

‘‘(C) any corrective action taken in response to each

such report;

‘‘(D) the number of such allegations that were not

substantiated; and

‘‘(E) the number of employee reassignment and reloca-

tion requests, including—

‘‘(i) the number of such requests that were granted;

‘‘(ii) the number of such requests that were denied;

and

‘‘(iii) for any such request that was denied, the

position of the individual who denied the request and

the reason for denial.

‘‘(c) A

PPLICABILITY

.—

‘‘(1) I

N GENERAL

.—The policies developed pursuant to this

section shall apply to each of the following:

‘‘(A) Any employee of the Agency.

‘‘(B) Any person other than an Agency employee who

alleges they were sexually assaulted or harassed at a

facility associated with the Agency or during the perform-

ance of a function associated with the Agency. If such

person is an employee of an industrial contractor, the con-

tracting officer for the relevant contract shall coordinate

with the contractually identified representative for the

prime contractor in a manner consistent with section 31.

‘‘(2) R

ELATION TO EXISTING REGULATIONS

.—The policies

developed pursuant to this section for handling allegations

of sexual harassment shall be in addition to the requirements

of part 1614 of title 29, Code of Federal Regulations, or suc-

cessor regulations.’’.

EPORTING AND

NVESTIGATION OF

LLEGATIONS OF

EXUAL

SSAULT AND

EXUAL

ARASSMENT

.—Such Act is further amended

by adding at the end the following new section:

‘‘SEC. 31. REPORTING AND INVESTIGATION OF ALLEGATIONS OF

SEXUAL ASSAULT AND SEXUAL HARASSMENT.

‘‘(a) P

OLICIES

ELATING TO

ESTRICTED AND

NRESTRICTED

EPORTING OF

EXUAL

SSAULT AND

EXUAL

ARASSMENT

.—

‘‘(1) I

N GENERAL

.—The Director shall develop and imple-

ment policies, regulations, personnel training, and workforce

Regulations.

50 USC 3532.

Coordination.

Time period.

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137 STAT. 1055 PUBLIC LAW 118–31—DEC. 22, 2023

education to establish and provide information about restricted

reports and unrestricted reports of allegations of sexual assault

and sexual harassment within the Agency in accordance with

this subsection.

‘‘(2) W

ORKFORCE EDUCATION

.—Workforce education devel-

oped under paragraph (1) shall be designed to clearly inform

Agency employees of the differences between restricted and

unrestricted reporting of allegations of sexual assault and

sexual harassment, and which individual or office within the

Agency is responsible for receiving each type of report.

‘‘(3) R

ELATIONSHIP TO THE SEXUAL HARASSMENT

ASSAULT

RESPONSE AND PREVENTION OFFICE

.—To the extent consistent

with preserving a victim’s complete autonomy, the policies,

regulations, training, and messaging described in this sub-

section shall—

‘‘(A) encourage Agency employees to make restricted

or unrestricted reports of sexual assault and sexual harass-

ment to the Sexual Harassment/Assault Response and

Prevention Office;

‘‘(B) encourage Agency employees to use the Sexual

Harassment/Assault Response and Prevention Office as the

primary point of contact and entry point for Agency

employees to make restricted or unrestricted reports of

sexual assault and sexual harassment;

‘‘(C) encourage Agency employees to seek the victim

advocacy services of the Sexual Harassment/Assault

Response and Prevention Office after reporting an allega-

tion of sexual assault or sexual harassment, to the extent

consistent with the victim’s election; and

‘‘(D) encourage Agency employees and individuals who

receive disclosures of sexual assault and sexual harassment

to provide the report to, and receive guidance from, the

Sexual Harassment/Assault Response and Prevention

Office.

‘‘(b) E

LECTION

.—Any person making a report containing an

allegation of a sexual assault or sexual harassment shall elect

whether to make a restricted report or an unrestricted report.

Once an election is made to make an unrestricted report, such

election may not be changed.

‘‘(c) U

NRESTRICTED

EPORTS

.—

‘‘(1) A

SSISTANCE

.—A person who elects to make an unre-

stricted report containing an allegation of sexual assault or

sexual harassment may seek the assistance of another employee

of the Agency with taking the action required under paragraph

(2).

‘‘(2) A

CTION REQUIRED

.—A person electing to make an unre-

stricted report containing an allegation of sexual assault or

sexual harassment shall submit the report to the Sexual

Harassment/Assault Response and Prevention Office. To the

extent consistent with the person’s election after consultation

with the Sexual Harassment/Assault Response and Prevention

Office, the Sexual Harassment/Assault Response and Preven-

tion Office may facilitate the person’s contact with any other

appropriate Agency official or office, and make available to

Agency employees the following:

‘‘(A) A list of physicians and mental health care pro-

viders (including from the private sector, as applicable)

Lists.

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137 STAT. 1056 PUBLIC LAW 118–31—DEC. 22, 2023

who have experience with the physical and mental health

care needs of the Agency workforce.

‘‘(B) A list of chaplains and religious counselors who

have experience with the needs of the Agency workforce,

including information regarding access to the Chaplain

Corps established under section 26.

‘‘(C) Information regarding how to select and retain

private attorneys who have experience with the legal needs

of the Agency workforce, including detailed information

on the process for the appropriate sharing of information

with retained private attorneys.

‘‘(3) R

ULE OF CONSTRUCTION

.—The inclusion of any person

on a list maintained or made available pursuant to subsection

(c)(2) shall not be construed as an endorsement of such person

(or any service furnished by such person), and neither the

Sexual Harassment/Assault Response and Prevention Office nor

the Agency shall be liable, as a result of such inclusion, for

any portion of compensable injury, loss, or damage attributable

to such person or service.

‘‘(d) R

ESTRICTED

EPORTS

.—

‘‘(1) P

ROCESS FOR MAKING REPORTS

.—A person who elects

to make a restricted report containing an allegation of sexual

assault or sexual harassment shall submit the report to the

Sexual Harassment/Assault Response and Prevention Office.

‘‘(2) A

CTION REQUIRED

.—A restricted report containing an

allegation of sexual assault or sexual harassment—

‘‘(A) shall be treated by the person who receives the

report in the same manner as a communication covered

by the privilege set forth in this section;

‘‘(B) shall not result in a referral to law enforcement

or commencement of a formal administrative investigation,

unless the victim elects to change the report from a

restricted report to an unrestricted report;

‘‘(C) in a case requiring an employee reassignment,

relocation, or other mitigation or protective measures, shall

result only in actions that are managed in a manner to

limit, to the extent possible, the disclosure of any informa-

tion contained in the report;

‘‘(D) shall be exempt from any Federal or, to the max-

imum extent permitted by the Constitution, State reporting

requirements, including the requirements under section

535(b) of title 28, United States Code, section 17(b)(5) of

this Act, relevant provisions of Executive Order 12333 (50

U.S.C. 3001 note; relating to United States intelligence

activities), or successor order, Executive Order 13462 (50

U.S.C. 3001 note; relating to President’s intelligence

advisory board and intelligence oversight board), or suc-

cessor order, title VII of the Civil Rights Act of 1964 (42

U.S.C. 2000e et seq.), the Age Discrimination in Employ-

ment Act of 1967 (29 U.S.C. 621 et seq.), title I of the

Americans with Disabilities Act of 1990 (42 U.S.C. 12111

et seq.), and sections 501 and 505 of the Rehabilitation

Act of 1973 (29 U.S.C. 791 and 794a), except when reporting

is necessary to prevent or mitigate an imminent threat

of serious bodily harm.

‘‘(3) R

ULE OF CONSTRUCTION

.—The receipt of a restricted

report submitted under subsection (d) shall not be construed

Exemption.

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137 STAT. 1057 PUBLIC LAW 118–31—DEC. 22, 2023

as imputing actual or constructive knowledge of an alleged

incident of sexual assault or sexual harassment to the Agency

for the purpose of the Agency’s responsibility to exercise reason-

able care to take immediate and appropriate corrective action

to prevent and correct harassing behavior.

‘‘(e) P

RIVILEGED

OMMUNICATIONS

ITH

GENCY

MPLOYEES

.—

‘‘(1) I

N GENERAL

.—A victim shall be entitled to maintain

and assert a privilege against disclosure of, and be able to

prevent any other person from disclosing, any confidential

communication made between the victim and any employee

of the Sexual Harassment/Assault Response and Prevention

Office, if such communication was made for the purpose of

facilitating advice or assistance to the victim in accordance

with this section. A victim may consent to additional disclo-

sures.

‘‘(2) W

HEN A COMMUNICATION IS CONFIDENTIAL

.—A commu-

nication is confidential for the purposes of this section if made

in the course of the relationship between the victim and any

employee of the Sexual Harassment/Assault Response and

Prevention Office and not intended to be disclosed to third

persons, other than those to whom disclosure is made in fur-

therance of the provision of advice or assistance to the victim

or those reasonably necessary for such transmission of the

communication.

‘‘(3) M

AINTENANCE OF PRIVILEGE

.—The privilege is main-

tained by the victim. A victim may authorize the Sexual Harass-

ment/Assault Response and Prevention Office employee who

received the communication to assert the privilege on his or

her behalf, with confidentiality. The Sexual Harassment/

Assault Response and Prevention Office employee who received

the communication may assert the privilege on behalf of the

victim. The authority of such Sexual Harassment/Assault

Response and Prevention Office employee to so assert the privi-

lege is presumed in the absence of evidence to the contrary.

‘‘(4) E

XCEPTIONS

.—The privilege shall not apply to prevent

limited disclosures necessary under the following cir-

cumstances:

‘‘(A) When the victim is deceased.

‘‘(B) When the Sexual Harassment/Assault Response

and Prevention Office employee who received the commu-

nication has a reasonable belief that a victim’s mental

or emotional condition makes the victim a danger to any

person, including the victim.

‘‘(C) When the otherwise privileged communication

clearly contemplates the future commission of a crime or

breach of national security, or aiding any individual to

commit or plan to commit what the victim knew or reason-

able should have known to be a crime or breach of national

security.

‘‘(D) When disclosure of a communication is constitu-

tionally required.

‘‘(5) H

ANDLING OF EXCEPTIONS

.—When the Sexual Harass-

ment/Assault Response and Prevention Office employee deter-

mines that information requires an exception to the privilege,

the Sexual Harassment/Assault Response and Prevention Office

employee who received the communication will protect informa-

tion pertaining to the facts and circumstances surrounding

Determination.

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137 STAT. 1058 PUBLIC LAW 118–31—DEC. 22, 2023

the underlying sexual assault or sexual harassment allegations

to the greatest extent possible.

‘‘(f) I

NCIDENT

EPORTS

HEN

ICTIM OR

LLEGED

ERPETRATOR

SAN

GENCY

MPLOYEE

.—

‘‘(1) I

NCIDENT REPORTING POLICY

.—The Director shall estab-

lish and maintain a policy under which—

‘‘(A) the head of the Sexual Harassment/Assault

Response and Prevention Office is required to submit a

written incident report not later than 8 days after receiving

an unrestricted report containing an allegation of sexual

assault or sexual harassment; and

‘‘(B) each such incident report required under subpara-

graph (A) shall be provided to—

‘‘(i) the Director of the Agency;

‘‘(ii) the Chief Operating Officer of the Agency;

‘‘(iii) the Special Victim Investigator; and

‘‘(iv) such other individuals as the Director deter-

mines appropriate.

‘‘(2) P

URPOSE

.—The purpose of an incident report required

under paragraph (1) is—

‘‘(A) to record the details about actions taken or in

progress to provide the necessary care and support to the

victim of the alleged incident;

‘‘(B) to document the referral of the allegations to the

appropriate investigatory or law enforcement agency; and

‘‘(C) to provide initial formal notification of the alleged

incident.

‘‘(3) E

LEMENTS

.—Each incident report required under para-

graph (1) shall include each of the following:

‘‘(A) The time, date, and location of the alleged sexual

assault or sexual harassment.

‘‘(B) An identification of the type of offense or harass-

ment alleged.

‘‘(C) An identification of the assigned office and location

of the victim.

‘‘(D) An identification of the assigned office and location

of the alleged perpetrator, including information regarding

whether the alleged perpetrator has been temporarily

transferred or removed from an assignment or otherwise

restricted, if applicable.

‘‘(E) A description of any post-incident actions taken

in connection with the incident, including—

‘‘(i) referral to any services available to victims,

including the date of each referral;

‘‘(ii) notification of the incident to appropriate

investigatory organizations, including the organiza-

tions notified and dates of notifications; and

‘‘(iii) issuance of any personal protection orders

or steps taken to separate the victim and the alleged

perpetrator within their place of employment.

‘‘(F) Such other elements as the Director determines

appropriate.

‘‘(g) C

OMMON

ERPETRATOR

OTICE

EQUIREMENT

.—

‘‘(1) U

NRESTRICTED REPORTS

.—Upon receipt of an incident

report under subsection (f)(1) containing an allegation of sexual

assault or sexual harassment against an individual known to

be the subject of at least one allegation of sexual assault or

Notification.

Notice.

Records.

Requirement.

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137 STAT. 1059 PUBLIC LAW 118–31—DEC. 22, 2023

sexual harassment by another reporter, the Special Victim

Investigator shall notify each of the following of all existing

allegations against the individual:

‘‘(A) The Director of the Agency.

‘‘(B) The Chief Operating Officer of the Agency.

‘‘(C) The Sexual Harassment/Assault Response and

Prevention Office.

‘‘(D) If the individual is an Agency employee, the head

of the directorate employing the individual and the first-

level supervisor of the individual.

‘‘(E) If the individual is an Agency contractor, the

Acquisition Group Chief and the contracting officer for

the relevant contract. For industrial contractor personnel,

the contracting officer shall notify the contractually identi-

fied representative for the prime contractor.

‘‘(F) The Inspector General of the Agency.

‘‘(G) Such other individuals as the Director determines

appropriate.

‘‘(2) R

ESTRICTED REPORTS

.—In the case of restricted reports

under subsection (d), the Sexual Harassment/Assault Response

and Prevention Office shall notify any victims known to have

filed a restricted report against an individual known to be

the subject of at least one unrestricted allegation of sexual

assault or sexual harassment by another reporter that another

allegation has been made against the same individual who

is the alleged subject of the victim’s report at the time of

the victim’s initial report or any time thereafter upon receipt

of any subsequent unrestricted report under subsection (c) or

a common perpetrator notice under paragraph (1) of this sub-

section.

‘‘(h) A

PPLICABILITY

.—The policies developed pursuant to this

section shall apply to each of the following:

‘‘(1) Any employee of the Agency.

‘‘(2) Any person other than an Agency employee who alleges

they were sexually assaulted or harassed at a facility associated

with the Agency or during the performance of a function associ-

ated with the Agency.

‘‘(i) R

ECORDS

.—

‘‘(1) I

N GENERAL

.—The Director shall establish a system

for the tracking and, in accordance with chapter 31 of title

44, United States Code (commonly known as the ‘Federal

Records Act of 1950’), long-term temporary retention of all

Agency records related to any investigation into an allegation

of sexual assault or sexual harassment made in an unrestricted

report, including any related medical documentation.

‘‘(2) R

ELATION TO PRIVILEGE

.—Any Agency records created

under the authority of this section are subject to the privileges

described in this section. Routine records management activities

conducted by authorized Agency personnel with respect to such

records, including maintaining, searching, or dispositioning of

records, shall not result in a waiver of those privileges.

‘‘(3) A

PPLICABILITY TO FOIA

.—This section shall constitute

a withholding statute pursuant to section 552(b)(3) of title

5, United States Code, with respect to any information that

may reveal the identity of a victim of sexual assault or sexual

harassment, or any information subject to the privileges

described in this section.

Notification.

Determination.

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137 STAT. 1060 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(j) R

ELATIONSHIP TO THE

FFICE OF

QUAL

MPLOYMENT

PPORTUNITY

.—In the case of a restricted report of sexual harass-

ment, such report shall not result in a referral to the Office of

Equal Employment Opportunity, unless the victim elects to change

the report from a restricted report to an unrestricted report. In

the case of an unrestricted report, the Special Victim Investigator,

the Office of Equal Employment Opportunity, law enforcement,

or any other appropriate investigative body, or any appropriate

combination thereof, may investigate the unrestricted report, as

appropriate. Policies and procedures developed pursuant to this

section are intended to offer victims options in addition to the

process described in part 1614 of title 29, Code of Federal Regula-

tions, or successor regulations.

‘‘(k) D

EFINITIONS

.—In this section:

‘‘(1) R

EPORT

.—The term ‘report’ means a communication—

‘‘(A) by a victim;

‘‘(B) that describes information relating to an allegation

of sexual assault or sexual harassment;

‘‘(C) to an individual eligible to document an unre-

stricted or restricted report; and

‘‘(D) that the victim intends to result in formal docu-

mentation of an unrestricted or restricted report.

‘‘(2) V

ICTIM

.—The term ‘victim’ means a person who alleges

they have suffered direct physical or emotional harm because

they were subjected to sexual assault or sexual harassment.’’.

(d) S

PECIAL

ICTIM

NVESTIGATOR

.—Such Act is further

amended by adding at the end the following new section:

‘‘SEC. 32. SPECIAL VICTIM INVESTIGATOR.

‘‘(a) E

STABLISHMENT

.—The Director shall establish in the Office

of Security a Special Victim Investigator, who shall be authorized

to investigate or facilitate the investigation of unrestricted reports

containing allegations of sexual assault and sexual harassment.

The person appointed as the Special Victim Investigator shall be

an appropriately credentialed Federal law enforcement officer and

may be detailed or assigned from a Federal law enforcement entity.

‘‘(b) R

ESPONSIBILITIES

.—The Investigator shall—

‘‘(1) at the election of a victim (as defined in section 31(k)),

be authorized to conduct internal Agency inquiries, investiga-

tions, and other fact-finding activities related to allegations

of sexual harassment, which may be separate and in addition

to any inquiry or investigation conducted by the Office of Equal

Employment Opportunity;

‘‘(2) conduct and manage internal Agency inquiries, inves-

tigations, and other fact-finding activities related to specific

allegations of sexual assault;

‘‘(3) testify in a criminal prosecution in any venue, where

appropriate;

‘‘(4) serve as the case agent for a criminal investigation

in any venue, where appropriate;

‘‘(5) facilitate engagement with other law enforcement

relating to such allegations, where appropriate, including

coordinating on the matter and any related matters with other

Federal, State, local, and Tribal law enforcement agencies, as

50 USC 3533.

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137 STAT. 1061 PUBLIC LAW 118–31—DEC. 22, 2023

necessary and appropriate, pursuant to regulations, require-

ments, and procedures developed in consultation with the Fed-

eral Bureau of Investigation, the Department of State’s Diplo-

matic Security Service, or other Federal, State, local, or Tribal

law enforcement authorities, for any such inquiries, investiga-

tions, or other fact-finding activities;

‘‘(6) develop and implement policies and procedures nec-

essary for the Special Victim Investigator or any law enforce-

ment partner to conduct effective investigations and also protect

sensitive information;

‘‘(7) serve as the primary internal investigative body in

the Agency for allegations of sexual assault, except that, in

the case of an allegation of a sexual assault involving an

employee of the Office of Security, the Special Victim Investi-

gator shall coordinate with the Inspector General or appropriate

criminal investigators employed by a Federal, State, local, or

Tribal law enforcement entity, as necessary, to maintain the

integrity of the investigation and mitigate potential conflicts

of interest;

‘‘(8) establish and coordinate clear policies regarding which

agency should take the lead on conducting, or be the lead

in coordinating with local law enforcement when applicable,

investigations of sexual assault and sexual harassment over-

seas; and

‘‘(9) sharing information with the Sexual Harassment/

Assault Response and Prevention Office, including providing

a copy of materials related to investigations with such

redactions as deemed necessary, to facilitate the support and

advocacy of such Office for victims of alleged sexual assault

or sexual harassment.

‘‘(c) T

IMEFRAME FOR

NVESTIGATIONS

.—The Special Victim

Investigator shall—

‘‘(1) ensure that any Special Victim Investigator investiga-

tion into an allegation of a sexual assault or sexual harassment

contained in an unrestricted report submitted under section

31 is completed by not later than 60 days after the date on

which the report is referred to the Special Victim Investigator;

and

‘‘(2) if the Special Victim Investigator determines that the

completion of an investigation will take longer than 60 days—

‘‘(A) not later than 60 days after the date on which

the report is referred to the Special Victim Investigator,

submit to the Director a request for an extension that

contains a summary of the progress of the investigation,

the reasons why the completion of the investigation

requires additional time, and a plan for the completion

of the investigation; and

‘‘(B) provide to the person who made the report and

the person against whom the allegation in the report was

made notice of the extension of the investigation.’’.

(e) I

MPLEMENTATION AND

EPORTING

EQUIREMENTS

.—

(1) D

EADLINE FOR IMPLEMENTATION

.—Not later than 180

days after the date of the enactment of this Act, the Director

of the Central Intelligence Agency shall—

(A) complete an Agency climate assessment—

Assessment.

50 USC 3531

note.

Notification.

Notice.

Extension.

Summary.

Plan.

Determination.

Deadline.

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137 STAT. 1062 PUBLIC LAW 118–31—DEC. 22, 2023

(i) which does not request any information that

would make an Agency employee or an Agency

employee’s position identifiable;

(ii) for the purposes of—

(I) preventing and responding to sexual

assault and sexual harassment; and

(II) examining the prevalence of sexual assault

and sexual harassment occurring among the

Agency’s workforce; and

(iii) that includes an opportunity for Agency

employees to express their opinions regarding the

manner and extent to which the Agency responds to

allegations of sexual assault and complaints of sexual

harassment, and the effectiveness of such response;

(B) submit to the appropriate congressional committees

the findings of the Director with respect to the climate

assessment completed pursuant to subparagraph (A);

under sections 30 and 31 of the Central Intelligence Agency

Act of 1949, as added by subsections (b) and (c), respec-

tively;

(D) consolidate the responsibilities of the Director

under section 30 of the Central Intelligence Agency Act

of 1949 in a single Office, as determined by the Director;

and

(E) establish the Special Victim Investigator, as

required by section 32 of the Central Intelligence Agency

Act of 1949, as added by subsection (d).

(2) R

EPORT

.—Not later than 90 days after the date of

the enactment of this Act, and not less frequently than once

every 90 days thereafter for 2 years, the Director of the Central

Intelligence Agency shall submit to the appropriate congres-

sional committees a report on the implementation of this section

and the amendments made by this section. The Director shall

personally review, approve, and submit each report under this

paragraph on a nondelegable basis.

(3) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the Select Committee on Intelligence and the Sub-

committee on Defense of the Committee on Appropriations

of the Senate; and

(B) the Permanent Select Committee on Intelligence

and the Subcommittee on Defense of the Committee on

Appropriations of the House of Representatives.

Subtitle C—Matters Relating to Defense

Intelligence and Overhead Architecture

SEC. 7341. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-

DOMAIN ANOMALY RESOLUTION OFFICE.

Section 1683(k)(1) of the National Defense Authorization Act

for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section

6802(a) of the Intelligence Authorization Act for Fiscal Year 2023

(Public Law 117–263), is further amended—

Review.

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137 STAT. 1063 PUBLIC LAW 118–31—DEC. 22, 2023

(1) in the heading, by striking ‘‘

DIRECTOR OF NATIONAL

INTELLIGENCE AND SECRETARY OF DEFENSE

’’ and inserting ‘‘

ALL

DOMAIN ANOMALY RESOLUTION OFFICE

’’; and

(2) in subparagraph (A), by striking ‘‘Director of National

Intelligence and the Secretary of Defense shall jointly’’ and

inserting ‘‘Director of the Office shall’’.

SEC. 7342. DEFENSE INTELLIGENCE AGENCY ASSESSMENT OF STRA-

TEGIC COMPETITION IN LATIN AMERICA AND THE CARIB-

BEAN.

(a) A

SSESSMENT

.—Not later than 120 days after the date of

the enactment of this Act, the Director of the Defense Intelligence

Agency, in consultation with the heads of the other elements of

the intelligence community that the Director determines appro-

priate, shall submit to the appropriate congressional committees

an intelligence assessment on the level of intelligence and defense

cooperation between covered countries and—

(1) the People’s Republic of China; and

(2) the Russian Federation.

(b) E

LEMENTS

.—The intelligence assessment under subsection

(a) shall include a description of any security-related cooperation

or engagement between covered countries and the People’s Republic

of China or the Russian Federation in the following areas:

(1) Strategic dialogue.

(2) Training or professional military education.

(3) Defense agreements.

(4) Intelligence sharing agreements.

(5) Arms transfers.

(6) Defense equipment transfers.

(7) Military exercises.

(8) Joint operations.

(9) Permanent military presence.

(10) Space cooperation.

(11) Any other area the Director of the Defense Intelligence

Agency determines appropriate.

ORM

.—The assessment under subsection (a) may be pro-

vided in classified form.

(d) F

ORMAT

.—To the extent practicable, the Director shall

present the information contained in the assessment under sub-

section (a) in the format of a chart or other graphic.

(e) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means the following:

(A) The congressional intelligence committees.

(B) The congressional defense committees, as such term

is defined in section 101(a) of title 10, United States Code.

and the Committee on Foreign Affairs of the House of

Representatives.

(2) C

OVERED COUNTRY

.—The term ‘‘covered country’’ means

Mexico and each foreign country or territory in Central or

South America or in the Caribbean.

SEC. 7343. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED

ANOMALOUS PHENOMENA.

(a) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

Russia.

China.

Deadline.

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137 STAT. 1064 PUBLIC LAW 118–31—DEC. 22, 2023

(A) the Select Committee on Intelligence, the Com-

mittee on Armed Services, and the Committee on Appro-

priations of the Senate; and

(B) the Permanent Select Committee on Intelligence,

the Committee on Armed Services, and the Committee

on Appropriations of the House of Representatives.

(2) C

ONGRESSIONAL LEADERSHIP

.—The term ‘‘congressional

leadership’’ means—

(A) the majority leader of the Senate;

(B) the minority leader of the Senate;

(D) the minority leader of the House of Representa-

tives.

(3) U

NIDENTIFIED ANOMALOUS PHENOMENA

.—The term

‘‘unidentified anomalous phenomena’’ has the meaning given

such term in section 1683(n) of the National Defense Authoriza-

tion Act for Fiscal Year 2022 (50 U.S.C. 3373(n)).

(b) L

IMITATIONS

.—None of the funds authorized to be appro-

priated or otherwise made available by this division may be obli-

gated or expended in support of any activity involving unidentified

anomalous phenomena protected under any form of special access

or restricted access limitation unless the Director of National Intel-

ligence has provided the details of the activity to the appropriate

committees of Congress and congressional leadership, including for

any activities described in a report released by the All-domain

Anomaly Resolution Office in fiscal year 2024.

IMITATION

EGARDING

NDEPENDENT

ESEARCH AND

EVELOPMENT

.—Independent research and development funding

relating to unidentified anomalous phenomena shall not be allow-

able as indirect expenses for purposes of contracts covered by such

instruction, unless such material and information is made available

to the appropriate congressional committees and leadership.

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.

The National Security Agency Act of 1959 (50 U.S.C. 3601

et seq.) is amended by adding at the end the following new section:

‘‘SEC. 22. CONGRESSIONAL NOTIFICATION OF INTELLIGENCE COLLEC-

TION ADJUSTMENTS.

‘‘(a) N

OTIFICATION

.—Not later than 30 days after the date on

which the Director of the National Security Agency determines

the occurrence of an intelligence collection adjustment, the Director

shall submit to the congressional intelligence committees, the Com-

mittee on Appropriations of the Senate, and the Committee on

Appropriations of the House of Representatives a notification of

the intelligence collection adjustment.

‘‘(b) D

EFINITIONS

.—In this section:

‘‘(1) C

ONGRESSIONAL INTELLIGENCE COMMITTEES

.—The term

‘congressional intelligence committees’ has the meaning given

Deadline.

Determination.

50 USC 3620.

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137 STAT. 1065 PUBLIC LAW 118–31—DEC. 22, 2023

that term in section 3 of the National Security Act of 1947

(50 U.S.C. 3003).

‘‘(2) I

NTELLIGENCE COLLECTION ADJUSTMENT

.—The term

‘intelligence collection adjustment’ includes a change by the

United States Government to a policy on intelligence collection

or the prioritization thereof that results in a significant loss

of intelligence.’’.

SEC. 7352. MODIFICATIONS TO ENFORCEMENT OF CYBERSECURITY

REQUIREMENTS FOR NATIONAL SECURITY SYSTEMS.

Section 6309 of the Intelligence Authorization Act for Fiscal

Year 2023 (Public Law 117–263) is amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new sub-

section:

‘‘(e) I

MPLEMENTATION

EPORT

.—Each head of an element of

the intelligence community that owns or operates a national security

system shall submit to the congressional intelligence committees

not later than 90 days after the date of the enactment of this

subsection a plan detailing the cost and schedule requirements

necessary to meet all of the cybersecurity requirements for national

security systems by the end of fiscal year 2026.’’.

SEC. 7353. SUPPORT BY INTELLIGENCE COMMUNITY FOR CERTAIN

CROSS-FUNCTIONAL TEAM OF DEPARTMENT OF

DEFENSE.

(a) A

CCESS TO

NFORMATION

.—Upon request by the cross-func-

tional team of the Department of Defense established under section

910 of the National Defense Authorization Act of Fiscal Year 2022

(Public Law 117–81; 10 U.S.C. 111 note) (in this section referred

to as the ‘‘cross-functional team’’), and consistent with the protection

of intelligence sources and methods, the head of any element of

the intelligence community shall provide such team with access

to any information (including any intelligence reporting, analysis,

or finished intelligence product) of the element potentially relevant

to the duties of such team required under subsection (b)(1) of

such section.

(b) R

ULE OF

ONSTRUCTION

.—Nothing in subsection (a) shall

be construed as waiving the Health Insurance Portability and

Accountability Act of 1996 (Public Law 104–191) or any other

applicable law regarding privacy or the protection of health informa-

tion.

TAFFING OF

ROSS

FUNCTIONAL

EAM BY

ERTAIN

MENTS

.—

(1) S

TAFFING

.—

(A) C

OVERED ELEMENTS

.—The head of each covered

element shall detail or assign to the cross-functional team,

including through a joint duty assignment (as applicable),

intelligence or counterintelligence personnel of that covered

element in such numbers as the head, in consultation with

such team, determines necessary to support such team

in fulfilling the duties required under section 910(b)(1)

of the National Defense Authorization Act of Fiscal Year

2022 (Public Law 117–81; 10 U.S.C. 111 note).

(B) O

THER ELEMENTS

.—The head any element that

is not a covered element may only detail or assign to

the cross-functional team, including through a joint duty

Plan.

44 USC 3557

note.

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137 STAT. 1066 PUBLIC LAW 118–31—DEC. 22, 2023

assignment (as applicable), intelligence or counterintel-

ligence personnel of such element if the head of such ele-

ment—

(i) receives written concurrence from the Director

of National Intelligence and the Secretary of Defense

regarding the specific personnel to be detailed or

assigned; and

(ii) submits to the congressional intelligence

committees, the Committee on Armed Services of the

Senate, and the Committee on Armed Services of the

House of Representatives a notification describing the

personnel to be detailed or assigned and the rationale

for participation in the cross functional team.

(2) N

ATIONAL SECURITY AGENCY

.—In carrying out para-

graph (1) with respect to the National Security Agency, the

Director of the National Security Agency shall ensure there

is detailed or assigned to the cross-functional team at least

1 individual determined appropriate by the Director, who, while

so detailed or assigned, shall provide such team with technical

expertise of the National Security Agency relevant to the fulfil-

ment of the duties referred to in paragraph (1).

(d) A

DDITIONAL

ETAIL

UTHORITY

.—Upon request by the cross-

functional team, the head of any element of the intelligence commu-

nity may detail to such team personnel of the element to provide

intelligence, counterintelligence, or related support.

(e) C

OVERED

LEMENT

EFINED

.—In this section, the term ‘‘cov-

ered element’’ means the following:

(1) The National Security Agency.

(2) The Defense Intelligence Agency.

(3) The intelligence elements of the Army, the Navy, the

Air Force, and the Marine Corps.

SEC. 7354. COMMERCIAL CLOUD ENTERPRISE NOTIFICATION.

(a) N

OTIFICATION

EQUIREMENT

.—Not later than 90 days after

the date of the enactment of this Act, and on a quarterly basis

thereafter, the Director of the Central Intelligence Agency shall

submit to the appropriate committees of Congress a notification

relating to the Commercial Cloud Enterprise contract entered into

by the Director of the Central Intelligence Agency in November

2020 for commercial cloud services for the intelligence community,

which shall include—

(1) the number and value of all task orders issued under

such contract, broken down by vendor, for each element of

the intelligence community;

(2) the duration of each task order;

(3) the number of sole source task orders issued compared

to the number of task orders issued on a competitive basis

under such contract; and

(4) with respect to each vendor authorized to provide

commercial cloud services under such contract, an update on

the status of the security accreditation and authority to operate

decision of each vendor.

(b) D

ATA

HARING

.—The head of each element of the intel-

ligence community shall share such data with the Director of the

Central Intelligence Agency as necessary to prepare the notification

required under subsection (a).

Update.

Submission.

Notification.

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137 STAT. 1067 PUBLIC LAW 118–31—DEC. 22, 2023

UNSET

.—The requirement to submit the notification under

subsection (a) shall terminate on the date that is 3 years after

the date of the enactment of this Act.

(d) D

EFINITION OF

PPROPRIATE

OMMITTEES OF

ONGRESS

.—

In this section, the term ‘‘appropriate committees of Congress’’

means—

(1) the congressional intelligence committees;

(2) the Committee on Appropriations of the Senate; and

(3) the Committee on Appropriations of the House of Rep-

resentatives.

SEC. 7355. COMMERCIAL CLOUD ENTERPRISE SOLE SOURCE TASK

ORDER NOTIFICATION REQUIREMENT.

(a) N

OTIFICATION

EQUIREMENT

.—Not later than 90 days after

the date of the enactment of this Act, and on a semiannual basis

thereafter, the head of each element of the intelligence community

shall submit to the appropriate committees of Congress a notifica-

tion with respect to any sole source task order awarded by such

head under the contract relating to the Commercial Cloud Enter-

prise entered into by the Director of the Central Intelligence Agency

in November 2020 for commercial cloud services for the intelligence

community.

(b) C

ONTENTS

.—Each notification required under subsection (a)

shall include, with respect to the task order concerned—

(1) a description of the order;

(2) the duration of the order;

(3) a summary of services provided under the order;

(4) the value of the order;

(5) the justification for awarding the order on a sole source

basis; and

(6) an identification of the vendor awarded the order.

UNSET

.—The requirement to submit the notification under

subsection (a) shall terminate on the date that is 3 years after

the date of the enactment of this Act.

(d) D

EFINITION OF

PPROPRIATE

OMMITTEES OF

ONGRESS

.—

In this section, the term ‘‘appropriate committees of Congress’’

means—

(1) the congressional intelligence committees;

(2) the Committee on Appropriations of the Senate; and

(3) the Committee on Appropriations of the House of Rep-

resentatives.

SEC. 7356. ANALYSIS OF COMMERCIAL CLOUD INITIATIVES OF INTEL-

LIGENCE COMMUNITY.

(a) I

ENERAL

.—Not later than 90 days after the date of

the enactment of this Act, the Director of National Intelligence

shall, in coordination with such heads of elements of the intelligence

community as the Director considers appropriate—

(1) complete a comprehensive analysis of the commercial

cloud initiatives of the intelligence community relating to the

Commercial Cloud Enterprise contract entered into by the

Director of the Central Intelligence Agency in November 2020;

and

(2) provide to the congressional intelligence committees,

the Committee on the Appropriations of the Senate, and the

Committee on Appropriations of the House of Representatives

a briefing on the findings of the Director with respect to the

analysis conducted pursuant to paragraph (1).

Briefing.

Deadline.

Summary.

Deadline.

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137 STAT. 1068 PUBLIC LAW 118–31—DEC. 22, 2023

(b) E

LEMENTS

.—The analysis conducted under subsection (a)

shall include—

(1) the current year and 5-year projected costs for commer-

cial cloud utilization for each element of the intelligence commu-

nity, including costs related to data storage, data migration,

egress fees, and any other commercial cloud services;

(2) the termination or planned termination, as the case

may be, of legacy data storage capacity of an element of the

intelligence community and the projected cost savings resulting

from such termination;

(3) efforts underway by the Office of the Director of

National Intelligence and elements of the intelligence commu-

nity to utilize multiple commercial cloud service providers;

(4) the operational value that elements of the intelligence

community are achieving through utilization of commercial

cloud analytic tools and services; and

(5) how effectively the commercial cloud enterprise is cur-

rently postured to support artificial intelligence workloads of

intelligence community elements and a description of criteria

for continuing to rely on legacy data centers for those artificial

intelligence requirements by an intelligence community ele-

ment.

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.

Subtitle A—People’s Republic of China

SEC. 7401. INTELLIGENCE COMMUNITY COORDINATOR FOR ACCOUNT-

ABILITY OF ATROCITIES OF THE PEOPLE’S REPUBLIC OF

CHINA.

(a) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the congressional intelligence committees;

50 USC 3025

note.

Data.

Cost savings.

Time period.

Cost projections.

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137 STAT. 1069 PUBLIC LAW 118–31—DEC. 22, 2023

(B) the Committee on Foreign Relations, the Com-

mittee on the Judiciary, the Committee on Armed Services,

and the Committee on Appropriations of the Senate; and

on the Judiciary, the Committee on Armed Services, and

the Committee on Appropriations of the House of Rep-

resentatives.

(2) A

TROCITY OF THE PEOPLE

’

S REPUBLIC OF CHINA

.—The

term ‘‘atrocity of the People’s Republic of China’’ means a

crime against humanity, genocide, or a war crime committed

by a foreign person who is—

(A) a member, official, or employee of the government

of the People’s Republic of China;

(B) a member, official, or employee of the Chinese

Communist Party;

defense services of the People’s Republic of China; or

(D) an agent or contractor of a person specified in

subparagraph (A), (B), or (C).

(3) C

OMMIT

.—The term ‘‘commit’’, with respect to an

atrocity of the People’s Republic of China, includes the planning,

committing, aiding, and abetting of such atrocity of the People’s

Republic of China.

(4) F

OREIGN PERSON

.—The term ‘‘foreign person’’ means—

(A) any person or entity that is not a United States

person; or

(B) any entity not organized under the laws of the

United States or of any jurisdiction within the United

States.

(5) G

OVERNMENT OF THE PEOPLE

’

S REPUBLIC OF CHINA

.—

The term ‘‘government of the People’s Republic of China’’

includes the regional governments of Xinjiang, Tibet, and Hong

Kong.

(6) U

NITED STATES PERSON

.—The term ‘‘United States per-

son’’ has the meaning given that term in section 105A(c) of

the National Security Act of 1947 (50 U.S.C. 3039(c)).

(b) I

NTELLIGENCE

OMMUNITY

OORDINATOR FOR

CCOUNT

ABILITY OF

TROCITIES OF THE

EOPLE

’

EPUBLIC OF

HINA

.—

(1) D

ESIGNATION

.—Not later than 30 days after the date

of the enactment of this Act, the Director of National Intel-

ligence shall designate a senior official of the Office of the

Director of National Intelligence to serve as the intelligence

community coordinator for accountability of atrocities of the

People’s Republic of China (in this section referred to as the

‘‘Coordinator’’).

(2) D

UTIES

.—The Coordinator shall oversee the efforts of

the intelligence community relating to the following:

(A) Identifying and, as appropriate, disseminating

within the United States Government, intelligence relating

to atrocities of the People’s Republic of China.

(B) Identifying analytic and other intelligence needs

and priorities of the United States Government with

respect to the commitment of atrocities of the People’s

Republic of China.

Deadlines.

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137 STAT. 1070 PUBLIC LAW 118–31—DEC. 22, 2023

the intelligence community to ensure appropriate coordina-

tion on, and integration of the analysis of, the commitment

of atrocities of the People’s Republic of China.

(D) Ensuring that relevant departments and agencies

of the United States Government receive appropriate sup-

port from the intelligence community with respect to the

collection, analysis, preservation, and, as appropriate,

downgrade and dissemination of intelligence products

relating to the commitment of atrocities of the People’s

Republic of China.

(3) P

LAN REQUIRED

.—Not later than 90 days after the date

of the enactment of this Act, the Director of National Intel-

ligence shall submit to the appropriate committees of Con-

gress—

(A) the name of the official designated as the Coordi-

nator pursuant to paragraph (1);

(B) the strategy of the intelligence community for the

prioritization and integration of intelligence relating to

atrocities of the People’s Republic of China, including a

detailed description of how the Coordinator shall support

the implementation of such strategy; and

a review of classified and unclassified intelligence reporting

regarding atrocities of the People’s Republic of China for

downgrading, dissemination, and, as appropriate, public

release.

(4) B

RIEFINGS TO CONGRESS

.—Not later than 120 days after

the date of enactment of this Act, and not less frequently

than quarterly thereafter, the Director of National Intelligence,

acting through the Coordinator, shall brief the appropriate

committees of Congress on—

(A) the analytical findings, changes in collection, and

other activities of the intelligence community with respect

to atrocities of the People’s Republic of China; and

(B) the recipients of intelligence reporting shared

pursuant to this section in the prior quarter, including

for the purposes of ensuring that the public is informed

about atrocities of the People’s Republic of China and to

support efforts by the United States Government to seek

accountability for the atrocities of the People’s Republic

of China, and the date of any such sharing.

UNSET

.—This section shall cease to have effect on Sep-

tember 30, 2027.

SEC. 7402. INTERAGENCY WORKING GROUP AND REPORT ON THE

MALIGN EFFORTS OF THE PEOPLE’S REPUBLIC OF CHINA

IN AFRICA.

(a) E

STABLISHMENT

.—

(1) I

N GENERAL

.—The Director of National Intelligence,

in consultation with such heads of elements of the intelligence

community as the Director considers appropriate, shall estab-

lish an interagency working group within the intelligence

community to analyze the tactics and capabilities of the People’s

Republic of China in Africa.

(2) E

STABLISHMENT FLEXIBILITY

.—The working group estab-

lished under paragraph (1) may be—

Review.

Strategy.

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137 STAT. 1071 PUBLIC LAW 118–31—DEC. 22, 2023

(A) independently established; or

(B) to avoid redundancy, incorporated into existing

working groups or cross-intelligence efforts within the intel-

ligence community.

(b) R

EPORT

.—

(1) D

EFINITION OF APPROPRIATE COMMITTEES OF CON

GRESS

.—In this subsection, the term ‘‘appropriate committees

of Congress’’ means—

(A) the congressional intelligence committees;

(B) the Committee on Foreign Relations, the Com-

mittee on Energy and Natural Resources, and the Sub-

committee on Defense of the Committee on Appropriations

of the Senate; and

on Energy and Commerce, and the Subcommittee on

Defense of the Committee on Appropriations of the House

of Representatives.

(2) I

N GENERAL

.—Not later than 120 days after the date

of the enactment of this Act, the working group established

under subsection (a) shall submit to the appropriate committees

of Congress a report on the specific tactics and capabilities

of the People’s Republic of China in Africa.

(3) E

LEMENTS

.—Each report required by paragraph (2)

shall include the following elements:

(A) An assessment and description of efforts by the

Government of the People’s Republic of China to exploit

mining and reprocessing operations in Africa.

(B) An assessment and description of efforts by the

Government of the People’s Republic of China to provide

or fund technologies in Africa, including—

(i) telecommunications and energy technologies,

such as advanced reactors, transportation, and other

commercial products; and

(ii) by requiring that the People’s Republic of China

be the sole provider of such technologies.

(4) F

ORM

.—The report required by paragraph (2) shall be

submitted in unclassified form, but may include a classified

annex if necessary.

UNSET

.—The requirements of this section shall terminate

on the date that is 5 years after the date of the enactment of

this Act.

SEC. 7403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT

BY INTELLIGENCE COMMUNITY WORKING GROUP FOR

MONITORING THE ECONOMIC AND TECHNOLOGICAL

CAPABILITIES OF THE PEOPLE’S REPUBLIC OF CHINA.

Section 6503(c)(3)(D) of the Intelligence Authorization Act for

Fiscal Year 2023 (division F of Public Law 117–263) is amended

by striking ‘‘the top 200’’ and inserting ‘‘all the known’’.

SEC. 7404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP

BETWEEN THE UNITED STATES AND THE PEOPLE’S

REPUBLIC OF CHINA.

(a) I

ENERAL

.—Not later than 1 year after the date of the

enactment of this Act, the Assistant Secretary of State for Intel-

ligence and Research, in consultation with the Director of National

Intelligence and such other heads of elements of the intelligence

Deadline.

136 Stat. 3538.

Assessments.

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137 STAT. 1072 PUBLIC LAW 118–31—DEC. 22, 2023

community as the Assistant Secretary considers relevant, shall

submit to Congress the following:

(1) A comprehensive assessment that identifies critical

areas in the security, diplomatic, economic, financial, techno-

logical, scientific, commercial, academic, and cultural spheres

in which the United States does not enjoy a reciprocal relation-

ship with the People’s Republic of China.

(2) A comprehensive assessment that describes how the

lack of reciprocity between the People’s Republic of China and

the United States in the areas identified in the assessment

required by paragraph (1) provides advantages to the People’s

Republic of China.

(b) F

ORM OF

SSESSMENTS

.—

(1) C

RITICAL AREAS

.—The assessment required by sub-

section (a)(1) shall be submitted in unclassified form.

(2) A

DVANTAGES

.—The assessment required by subsection

(a)(2) shall be submitted in classified form.

SEC. 7405. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS

BY CRANES MANUFACTURED BY COUNTRIES OF CON-

CERN.

(a) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the congressional intelligence committees;

(B) the Committee on Armed Services, the Committee

on Homeland Security and Governmental Affairs, the Com-

mittee on Banking, Housing, and Urban Affairs, the Com-

mittee on Commerce, Science, and Transportation, and the

Subcommittee on Defense of the Committee on Appropria-

tions of the Senate; and

on Oversight and Accountability, the Committee on Finan-

cial Services, the Committee on Energy and Commerce,

and the Subcommittee on Defense of the Committee on

Appropriations of the House of Representatives.

(2) C

OUNTRY OF CONCERN

.—The term ‘‘country of concern’’

has the meaning given that term in section 1(m)(1) of the

State Department Basic Authorities Act of 1956 (22 U.S.C.

2651a(m)(1)).

(b) A

SSESSMENT

.—The Director of National Intelligence, in

coordination with such other heads of the elements of the intel-

ligence community as the Director considers appropriate and the

Secretary of Defense, shall conduct an assessment of the threat

posed to United States ports by cranes manufactured by countries

of concern and commercial entities of those countries, including

the Shanghai Zhenhua Heavy Industries Co. (ZPMC).

EPORT AND

RIEFING

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Director of National Intel-

ligence shall submit a report and provide a briefing to the

appropriate committees of Congress on the findings of the

assessment required by subsection (b).

(2) E

LEMENTS

.—The report and briefing required by para-

graph (1) shall outline the potential for the cranes described

in subsection (b) to collect intelligence, disrupt operations at

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137 STAT. 1073 PUBLIC LAW 118–31—DEC. 22, 2023

United States ports, and impact the national security of the

United States.

(3) F

ORM OF REPORT

.—The report required by paragraph

(1) shall be submitted in unclassified form, but may include

a classified annex.

SEC. 7406. INTELLIGENCE ASSESSMENT OF INFLUENCE OPERATIONS

BY PEOPLE’S REPUBLIC OF CHINA TOWARD PACIFIC

ISLANDS COUNTRIES.

(a) A

SSESSMENT

.—Not later than 180 days after the date of

the enactment of this Act, the Assistant Secretary of State for

Intelligence and Research, in consultation with the heads of the

other elements of the intelligence community that the Assistant

Secretary determines appropriate, shall submit to the appropriate

congressional committees an assessment of influence operations

by the People’s Republic of China toward Pacific Islands countries.

(b) E

LEMENTS

.—The intelligence assessment under subsection

(a) shall include the following:

(1) A description of recent and potential future efforts

by the People’s Republic of China, using either overt or covert

means, to enhance its security, political, diplomatic, or economic

ties with Pacific Islands countries.

(2) An assessment of how the People’s Republic of China

views the success of its efforts to expand influence in Pacific

Islands countries, and the importance of such efforts to its

national security, foreign policy, and economic development

objectives.

(3) An identification of Pacific Islands countries in which

the People’s Republic of China has established, or is seeking

to establish, an intelligence presence or intelligence partner-

ships.

(4) An assessment of the degree to which the People’s

Republic of China is using economic or other forms of coercion

to pressure the Pacific Islands countries that diplomatically

recognize Taiwan (the Republic of the Marshall Islands, Palau,

Nauru, and Tuvalu) into instead recognizing the People’s

Republic of China.

(5) An analysis of how specific Pacific Islands countries

are responding to efforts by the People’s Republic of China

to increase bilateral engagement.

(6) An assessment of the influence of the People’s Republic

of China in the Pacific Islands Forum (the main multilateral

organization of the region) and of the efforts of the People’s

Republic of China to establish parallel regional organizations

and recruit Pacific Islands countries to participate.

(7) An analysis of opportunities for the United States to

counter influence operations by the People’s Republic of China

in the Pacific Islands region that undermine the national secu-

rity or economic interests of the United States.

ORM

.—The intelligence assessment under subsection (a)

may be submitted in classified form.

(d) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the congressional intelligence committees;

Classified

information.

Analysis.

Deadline.

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137 STAT. 1074 PUBLIC LAW 118–31—DEC. 22, 2023

(B) the Committee on Foreign Relations, the Com-

mittee on Armed Services, and the Committee on Appro-

priations of the Senate; and

on Armed Services, the Committee on Appropriations, and

the Select Committee on the Strategic Competition

Between the United States and the Chinese Communist

Party of the House of Representatives.

(2) P

ACIFIC ISLANDS COUNTRIES

.—The term ‘‘Pacific Islands

countries’’ includes the Federated States of Micronesia, Fiji,

French Polynesia, Kiribati, the Republic of the Marshall

Islands, Nauru, Palau, Solomon Islands, Tonga, Samoa, Niue,

Tuvalu, and Vanuatu.

SEC. 7407. INDEPENDENT STUDY ON ECONOMIC IMPACT OF MILITARY

INVASION OF TAIWAN BY PEOPLE’S REPUBLIC OF CHINA.

(a) R

EQUIREMENT

.—Not later than 60 days after the date of

the enactment of this Act, the Director of National Intelligence

shall seek to enter into a contract with an eligible entity to conduct

a comprehensive study on the global economic impact of a military

invasion of Taiwan by the People’s Republic of China or certain

other aggressive or coercive actions taken by the People’s Republic

of China with respect to Taiwan.

(b) M

ATTERS

NCLUDED

.—The study required under subsection

(a) shall include the following:

(1) An assessment of the economic impact globally, in the

United States, and in the People’s Republic of China that

would result from an invasion of Taiwan by the People’s

Republic of China under various potential invasion and

response scenarios, including with respect to the impact on—

(A) supply chains;

(B) trade flows;

(D) sovereign debt; and

(E) gross domestic product, unemployment, and other

key economic indicators.

(2) An assessment of the economic impact globally, in the

United States, and in the People’s Republic of China that

would result from of an aggressive or coercive military, eco-

nomic, or other action taken by the People’s Republic of China

with respect to Taiwan that falls short of an invasion, including

as a result of a blockade of Taiwan.

(3) The development of economic policy options, to include

sanctions and supply chain restrictions, designed to cause esca-

lating impacts on the economy of the People’s Republic of

China during a preconflict phase.

EPORT

.—

(1) I

N GENERAL

.—Not later than 270 days after the date

of the enactment of this Act, the eligible entity that the Director

of National Intelligence enters into an agreement with under

subsection (a) shall submit to the Director a report containing

the results of the study conducted under such subsection.

(2) S

UBMISSION TO CONGRESS

.—Not later than 30 days after

the date the Director receives the report under paragraph (1),

the Director shall submit the report to—

(A) the congressional intelligence committees;

Assessments.

Deadline.

Contracts.

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137 STAT. 1075 PUBLIC LAW 118–31—DEC. 22, 2023

(B) the Committee on Armed Services, the Committee

on Foreign Relations, the Committee on Banking, Housing,

and Urban Affairs, and the Committee on Appropriations

of the Senate; and

on Foreign Affairs, and the Committee on Appropriations

of the House of Representatives.

(3) F

ORM OF REPORT

.—The report required under this sub-

section shall be submitted in unclassified form, but may include

a classified annex.

(d) E

LIGIBLE

NTITY

EFINED

.—In this section, the term

‘‘eligible entity’’ means a federally funded research and development

center or nongovernmental entity which has—

(1) a primary focus on studies and analysis;

(2) experience and expertise relevant to the study required

under subsection (a); and

(3) a sufficient number of personnel with the appropriate

security clearance to conduct such study.

SEC. 7408. REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE ON

UYGHUR GENOCIDE.

(a) R

EPORT ON

YGHUR

ENOCIDE

.—

(1) S

UBMISSION

.—Not later than 180 days after the date

of the enactment of this Act, the Director of National Intel-

ligence, in coordination with the relevant heads of the elements

of the intelligence community, shall submit to the appropriate

committees of Congress a report on the Uyghur genocide.

(2) M

ATTERS

.—The report under paragraph (1) shall

address the following matters:

(A) Forced sterilization, forced birth control, and forced

abortion of Uyghurs.

(B) Forced transfer of Uyghur children from their fami-

lies.

Xinjiang.

(D) The work conditions of Uyghur laborers (including

laborers in the textile, automobile and electric vehicle, solar

panel, polyvinyl chloride, and rare earth metals sectors),

including an identification of any company that is—

(i) organized under the laws of the People’s

Republic of China or otherwise subject to the jurisdic-

tion of (or over which control is exercised or exercisable

by) the Government of the People’s Republic of China;

and

(ii) employing forced Uyghur laborers from

Xinjiang.

(E) Any other forms of physical or psychological torture

against Uyghurs.

(F) Any other actions that infringe on the rights of

Uyghurs to live freely in accordance with their customs,

culture, and religious practices.

(G) The methods of surveillance of Uyghurs, including

surveillance via technology, law enforcement notifications,

and forcing Uyghurs to live with other individuals for moni-

toring purposes.

(H) Such other matters as the Director of National

Intelligence may determine appropriate.

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137 STAT. 1076 PUBLIC LAW 118–31—DEC. 22, 2023

(3) F

ORM

.—The report under paragraph (1) shall be sub-

mitted in unclassified form, but may include a classified annex.

(b) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the congressional intelligence committees;

(B) the Committee on Foreign Relations and the Com-

mittee on Appropriations of the Senate; and

mittee on Appropriations of the House of Representatives.

(2) I

NTELLIGENCE

;

NATIONAL INTELLIGENCE

.—The terms

‘‘intelligence’’ and ‘‘national intelligence’’ have the meanings

given those terms in section 3 of the National Security Act

of 1947 (50 U.S.C. 3003).

Subtitle B—Other Foreign Countries

SEC. 7411. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED

STATES CITIZENS AS HOSTAGES.

(a) D

EFINITION OF

PPROPRIATE

OMMITTEES OF

ONGRESS

.—

In this section, the term ‘‘appropriate committees of Congress’’

means—

(1) the congressional intelligence committees;

(2) the Committee on Foreign Relations, the Committee

on the Judiciary, and the Committee on Appropriations of the

Senate; and

(3) the Committee on Foreign Affairs, the Committee on

the Judiciary, and the Committee on Appropriations of the

House of Representatives.

(b) I

ENERAL

.—Not later than 120 days after the date of

the enactment of this Act, the Director of National Intelligence

shall submit to the appropriate committees of Congress a report

on efforts by the Maduro regime in Venezuela to detain United

States citizens and lawful permanent residents.

LEMENTS

.—The report required by subsection (b) shall

include, regarding the arrest, capture, detainment, or imprisonment

of United States citizens and lawful permanent residents, the fol-

lowing:

(1) The names, positions, and institutional affiliation of

Venezuelan individuals, or those acting on their behalf, who

have engaged in such activities.

(2) A description of any role played by transnational

criminal organizations, and an identification of such organiza-

tions.

(3) Where relevant, an assessment of whether and how

United States citizens and lawful permanent residents have

been lured to Venezuela.

(4) An analysis of the motive for the arrest, capture, detain-

ment, or imprisonment of United States citizens and lawful

permanent residents.

(5) The total number of United States citizens and lawful

permanent residents detained or imprisoned in Venezuela as

of the date on which the report is submitted.

(d) F

ORM

.—The report required by subsection (b) shall be sub-

mitted in unclassified form, but may include a classified annex.

Analysis.

Assessment.

Venezuela.

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137 STAT. 1077 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 7412. INTELLIGENCE ASSESSMENTS REGARDING HAITI.

(a) I

NTELLIGENCE

OMMUNITY

SSESSMENT

.— The Director of

National Intelligence, acting through the National Intelligence

Council, shall produce an intelligence community assessment

regarding Haiti. Such assessment shall include each of the fol-

lowing:

(1) An analysis of the security, political, and economic

situation in Haiti, and its effect on—

(A) the people of Haiti;

(B) other countries in the Caribbean region; and

United States Virgin Islands, as a result of increased out-

migration from Haiti to the United States, the increased

use of Haiti as a transshipment point for illicit drugs

destined for the United States, or any other relevant factor

or trend.

(2) A description of opportunities available to improve or

stabilize the security, political, and economic situation in Haiti.

(3) An identification of specific events or actions in Haiti

that, were they to occur individually or in combination, would

serve as signposts indicating the further deterioration or col-

lapse of the security, political, and economic situation in Haiti.

(b) I

NTELLIGENCE

SSESSMENT

.—The Director of National Intel-

ligence shall produce an intelligence assessment based on a review

of the intelligence products pertaining to Haiti that were written

by elements of the intelligence community and provided to policy-

makers during the period of time beginning on January 1, 2021,

and ending on July 7, 2021. Such assessment shall include each

of the following:

(1) An analysis of whether, during the time period covered

by the assessment, the intelligence community provided policy-

makers with adequate indications and warning of the assassina-

tion of Haitian President Jovenal Moise on July 7, 2021.

(2) An analysis of whether, during such time period, the

intelligence community provided policymakers with useful and

unique insights, derived from both covertly collected and open-

source intelligence, that policymakers would not otherwise have

been able to obtain from sources outside of the intelligence

community.

(3) Based on the analyses conducted under paragraphs

(1) and (2), any recommendations to improve indications and

warning or to otherwise enhance the utility for policymakers

of intelligence products that the intelligence community pre-

pares on Haiti, specifically, or on other countries characterized

by chronic insecurity, instability, and poverty.

UBMISSION TO

ONGRESS

.—

(1) I

N GENERAL

.—Not later than 1 year after the date

of the enactment of this Act, the Director shall concurrently

submit to the appropriate committees of Congress the intel-

ligence community assessment produced under subsection (a)

and the intelligence assessment produced under subsection (b).

(2) F

ORM

.— The assessments submitted under paragraph

(1) shall be submitted in classified form.

(3) D

EFINITION OF APPROPRIATE COMMITTEES OF CON

GRESS

.—In this subsection, the term ‘‘appropriate committees

of Congress’’ means—

(A) the congressional intelligence committees;

Classified

information.

Deadline.

Recommenda-

tions.

Review.

Analysis.

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137 STAT. 1078 PUBLIC LAW 118–31—DEC. 22, 2023

(B) the Committee on Foreign Relations and the Com-

mittee on Appropriations of the Senate; and

mittee on Appropriations of the House of Representatives.

SEC. 7413. MONITORING IRANIAN ENRICHMENT OF URANIUM-235.

(a) S

IGNIFICANT

NRICHMENT

CTIVITY

EFINED

.—In this sec-

tion, the term ‘‘significant enrichment activity’’ means—

(1) any enrichment of any amount of uranium-235 to a

purity percentage that is 5 percent higher than the purity

percentage indicated in the prior submission to Congress under

subsection (b)(1); or

(2) any enrichment of uranium-235 in a quantity exceeding

10 kilograms.

(b) S

UBMISSION TO

ONGRESS

.—

(1) I

N GENERAL

.—Not later than 48 hours after the Director

of National Intelligence assesses that the Islamic Republic of

Iran has produced or possesses any amount of uranium-235

enriched to greater than 60 percent purity or has engaged

in significant enrichment activity, the Director shall submit

to Congress such assessment, consistent with the protection

of intelligence sources and methods.

(2) D

UPLICATION

.—For any submission required by this

subsection, the Director of National Intelligence may rely upon

existing products that reflect the current analytic judgment

of the intelligence community, including reports or products

produced in response to congressional mandate or requests

from executive branch officials.

TITLE V—MATTERS PERTAINING TO

UNITED STATES ECONOMIC AND

EMERGING TECHNOLOGY COMPETI-

TION 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.

Deadline.

Assessment.

22 USC 8701

note.

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137 STAT. 1079 PUBLIC LAW 118–31—DEC. 22, 2023

Sec. 7513. Policies established by Director of National Intelligence for artificial in-

telligence capabilities.

Subtitle A—General Matters

SEC. 7501. DETAIL OF INDIVIDUALS FROM INTELLIGENCE COMMUNITY

TO DEPARTMENT OF COMMERCE.

(a) A

UTHORITY

.—In order to better facilitate the sharing of

actionable intelligence on foreign adversary intent, capabilities,

threats, and operations that pose a threat to the interests or security

of the United States, particularly as they relate to the procurement,

development, and use of dual-use and emerging technologies, the

Director of National Intelligence may, acting through the Intel-

ligence Community Civilian Joint Duty Program and in consultation

with the Secretary of Commerce, advertise joint duty positions

and detail or facilitate the detail of civilian employees from across

the intelligence community to the Bureau of Industry and Security

of the Department of Commerce.

(b) D

ETAIL

.—Detailees on a joint duty assignment (JDA)

assigned pursuant to subsection (a) shall be drawn from such ele-

ments of the intelligence community as the Director considers

appropriate, in consultation with the Secretary of Commerce.

XPERTISE

.—The Director shall ensure that detailees

referred to in subsection (a) have subject matter expertise on coun-

tries of concern, including China, Iran, North Korea, and Russia,

as well as functional areas such as illicit procurement, counterpro-

liferation, emerging and foundational technology, economic and

financial intelligence, information and communications technology

systems, supply chain vulnerability, and counterintelligence.

(d) D

UTY

REDIT

.—The detail of an employee of the intelligence

community to the Department of Commerce under subsection (a)

shall be without interruption or loss of civil service status or privi-

lege.

SEC. 7502. INTELLIGENCE COMMUNITY INNOVATION UNIT.

(a) E

STABLISHMENT

.—Title I of the National Security Act of

1947 ( 50 U.S.C. 3021 et seq.) is amended by inserting after section

103K the following new section (and conforming the table of con-

tents at the beginning of such Act accordingly):

‘‘§ 103L. Intelligence Community Innovation Unit

‘‘(a) D

EFINITIONS

.—In this section:

‘‘(1) E

MERGING TECHNOLOGY

.—the term ‘emerging tech-

nology’ has the meaning given that term in section 6701 of

the Intelligence Authorization Act for Fiscal Year 2023 (Public

Law 117–263; 50 U.S.C. 3024 note).

‘‘(2) U

NIT

.—The term ‘Unit’ means the Intelligence Commu-

nity Innovation Unit.

‘‘(b) P

LAN FOR

MPLEMENTATION OF

NTELLIGENCE

OMMUNITY

NNOVATION

NIT

.—

‘‘(1) P

LAN REQUIRED

.—Not later than 180 days after the

date of the enactment of the Intelligence Authorization Act

for Fiscal Year 2024, the Director of National Intelligence shall

develop a plan for how to implement the Intelligence Commu-

nity Innovation Unit within the intelligence community.

‘‘(2) M

ATTERS COVERED

.—The plan developed pursuant to

paragraph (1) shall cover how the Unit will—

Deadline.

50 USC 3034c.

50 USC 3334q.

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137 STAT. 1080 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) benefit heads of the elements of the intelligence

community in identifying commercial emerging tech-

nologies and associated capabilities to address critical mis-

sion needs of elements of the intelligence community;

‘‘(B) provide to the heads of the elements of the intel-

ligence community seeking to field commercial emerging

technologies technical expertise with respect to such tech-

nologies.

‘‘(C) facilitate the transition of potential prototypes

and solutions to critical mission needs of the intelligence

community from research and prototype projects to produc-

tion; and

‘‘(D) serve as a liaison between the intelligence commu-

nity and the private sector, in which capacity such liaison

shall focus on small- and medium-sized companies and

other organizations that do not have significant experience

engaging with the intelligence community.

‘‘(3) R

EQUIREMENTS

.—The plan developed pursuant to para-

graph (1) shall—

‘‘(A) plan for not more than 50 full-time equivalent

personnel; and

‘‘(B) include an assessment as to how the establishment

of the Unit would benefit the identification and evaluation

of commercial emerging technologies for prototyping and

potential adoption by the intelligence community to fulfill

critical mission needs.

‘‘(4) S

UBMISSION TO CONGRESS

.—Upon completing develop-

ment of the plan pursuant to paragraph (1), the Director shall—

‘‘(A) submit to the congressional intelligence commit-

tees, the Subcommittee on Defense of the Committee on

Appropriations of the Senate, and the Subcommittee on

Defense of the Committee on Appropriations of the House

of Representatives a copy of the plan; and

‘‘(B) provide such committees and subcommittees a

briefing on the plan.

‘‘(c) E

STABLISHMENT

.—To the extent and in such amounts as

specifically provided in advance in appropriations Acts for the pur-

poses detailed in this section, not later than 180 days after the

date on which the Director of National Intelligence submits the

plan pursuant to subsection (b)(4)(A), the Director of National Intel-

ligence shall establish the Unit within the Office of the Director

of National Intelligence.

‘‘(d) L

IMITATION

.—The Unit shall not abrogate or otherwise

constrain any element of the intelligence community from con-

ducting authorized activities.

‘‘(e) D

IRECTOR OF THE

NTELLIGENCE

OMMUNITY

NNOVATION

NIT

.—

‘‘(1) A

PPOINTMENT

;

REPORTING

.—The head of the Unit is

the Director of the Intelligence Community Innovation Unit,

who shall be appointed by the Director of National Intelligence

and shall report directly to the Director of National Intelligence.

‘‘(2) Q

UALIFICATIONS

.—In selecting an individual for

appointment as the Director of the Intelligence Community

Innovation Unit, the Director of National Intelligence shall

give preference to individuals who the Director of National

Intelligence determines have—

Determination.

Deadline.

Briefing.

Records.

Assessment.

Evaluation.

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137 STAT. 1081 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) significant relevant experience involving commer-

cial emerging technology within the private sector; and

‘‘(B) a demonstrated history of fostering the adoption

of commercial emerging technologies by the United States

Government or the private sector.

‘‘(f) S

TAFF

.—

‘‘(1) I

N GENERAL

.—In addition to the Director of the Intel-

ligence Community Innovation Unit, the Unit shall be composed

of not more than 50 full- time equivalent positions.

‘‘(2) S

TAFF WITH CERTAIN EXPERTISE

.—The Director of

National Intelligence shall ensure that there is a sufficient

number of staff of the Unit, as determined by the Director,

with expertise in—

‘‘(A) other transaction authorities and nontraditional

and rapid acquisition pathways for emerging technology;

‘‘(B) engaging and evaluating small- and medium-sized

emerging technology companies;

‘‘(C) the mission needs of the intelligence community;

and

‘‘(D) such other skills or experiences as the Director

determines necessary.

‘‘(g) A

UTHORITY

ELATING TO

ETAILEES

.—Upon request of the

Unit, each head of an element of the intelligence community may

detail to the Unit any of the personnel of that element to assist

in carrying out the duties under subsection (b) on a reimbursable

or a nonreimbursable basis.

‘‘(h) E

NSURING

RANSITION

ROM

ROTOTYPING TO

RODUC

TION

.—The Director of the Intelligence Community Innovation Unit

shall transition research and prototype projects to products in a

production stage upon identifying a demonstrated critical mission

need of one or more elements of the intelligence community and

a potential mission partner likely to field and further fund upon

maturation, including by designating projects as Emerging Tech-

nology Transition Projects under the pilot program required by

section 6713 of the Intelligence Authorization Act for Fiscal Year

2023 (Public Law 117–263; 50 U.S.C. 3024 note).

‘‘(i) E

NCOURAGEMENT OF

SE BY

LEMENTS

.—The Director of

National Intelligence shall take such steps as may be necessary

to encourage the use of the Unit by the heads of the other elements

of the intelligence community.

‘‘(j) R

ULES OF

ONSTRUCTION

.—

‘‘(1) N

O PREFERENTIAL TREATMENT FOR PRIVATE SECTOR

.—

Nothing in this section shall be construed to require any ele-

ment of the intelligence community to provide preferential

treatment for any private sector entity with regard to procure-

ment of technology construed as restricting or preempting any

activities of the intelligence community.

‘‘(2) N

O ADDITIONAL AUTHORITY

.—The Unit established

pursuant to subsection (c) will be limited to the existing authori-

ties possessed by the Director of National Intelligence.

‘‘(k) S

UNSET

.—The authorities and requirements of this section

shall terminate on the date that is 5 years after the date of the

establishment of the Unit.’’.

(b) C

LARIFICATION OF

MERGING

ECHNOLOGY

EFINITION

.—

Section 6701(8)(A) of the Intelligence Authorization Act for Fiscal

Year 2023 (Public Law 117– 263; 50 U.S.C. 3024 note) is amended

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137 STAT. 1082 PUBLIC LAW 118–31—DEC. 22, 2023

by striking ‘‘during the 10-year period beginning on January 1,

2022’’ and inserting ‘‘during the subsequent 10-year period’’.

RIEFINGS

.—Not later than 180 days after the date of the

establishment of the Intelligence Community Innovation Unit

pursuant to section 103L of the National Security Act of 1947,

as added by subsection (a), and on a semiannual basis thereafter

for 5 years, the Director of National Intelligence shall provide

to the appropriate congressional committees a briefing on the status

of the Intelligence Community Innovation Unit, the staffing levels

of such Unit, and the progress of such Unit in identifying and

facilitating the adoption of commercial emerging technologies

capable of advancing the mission needs of the intelligence commu-

nity.

(d) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means the congres-

sional intelligence committees, the Subcommittee on Defense

of the Committee on Appropriations of the Senate, and the

Subcommittee on Defense of the Committee on Appropriations

of the House of Representatives.

(2) E

MERGING TECHNOLOGY

.—The term ‘‘emerging tech-

nology’’ has the meaning given such term in section 103L

of the National Security Act of 1947, as added by subsection

(a).

SEC. 7503. ESTABLISHMENT OF OFFICE OF ENGAGEMENT.

(a) E

STABLISHMENT

.—Title I of the National Security Act of

1947 (50 U.S.C. 3021 et seq.), as amended by section 901, is further

amended by adding at the end the following new section (and

conforming the table of contents at the beginning of such Act

accordingly):

‘‘SEC. 122. OFFICE OF ENGAGEMENT.

‘‘(a) E

STABLISHMENT

.—There is within the Office of the Director

of National Intelligence an Office of Engagement (in this section

referred to as the ‘Office’).

‘‘(b) H

EAD

; S

TAFF

.—

‘‘(1) H

EAD

.—The Director of National Intelligence shall

appoint as head of the Office an individual with requisite

experience in matters relating to the duties of the Office, as

determined by the Director of National Intelligence. Such head

of the Office shall report directly to the Director of National

Intelligence.

‘‘(2) S

TAFF

.—To assist the head of the Office in fulfilling

the duties of the Office, the head shall employ full-time equiva-

lent staff in such number, and with such requisite expertise

in matters relating to such duties, as may be determined by

the head.

‘‘(c) D

UTIES

.—The duties of the Office shall be as follows:

‘‘(1) To ensure coordination across the elements of the

intelligence community efforts regarding outreach, relationship

development, and associated knowledge and relationship

management, with covered entities, consistent with the protec-

tion of intelligence sources and methods.

‘‘(2) To assist in sharing best practices regarding such

efforts among the elements of the intelligence community.

‘‘(3) To establish and implement metrics to assess the

effectiveness of such efforts.

Appointment.

50 USC 3062.

Deadline.

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137 STAT. 1083 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(d) C

OVERED

NTITY

EFINED

.—In this section, the term ‘cov-

ered entity’ means an entity that is not an entity of the United

States Government, including private sector companies, institutions

of higher education, trade associations, think tanks, laboratories,

international organizations, and foreign partners and allies.’’.

(b) D

EADLINE

.—To the extent and in such amounts as specifi-

cally provided in advance in appropriations Acts for the purposes

detailed in section 122 of the National Security Act of 1947, as

added by subsection (a), the Director of National Intelligence shall

establish the Office of Engagement by not later than 1 year after

the date of the enactment of this Act.

RANSFER

.—The Director shall transfer to the Office of

Engagement all functions within the Office of the Director of

National Intelligence that, on the day before the date of the enact-

ment of this Act, performed duties set forth in section 122 of

the National Security Act of 1947, as added by subsection (a).

(d) P

LAN AND

RIEFINGS

.—

(1) P

LAN

.—Not later than 180 days after the date of the

enactment of this Act, the Director of National Intelligence

shall submit to the congressional intelligence committees a

plan for the establishment of the Office of Engagement.

(2) Q

UARTERLY BRIEFINGS

.—Not later than 1 year after

the date of the establishment of the Office of Engagement,

and on a quarterly basis for 5 years thereafter, the Director

of National Intelligence shall submit to the congressional intel-

ligence committees, the Committee on Homeland Security and

Governmental Affairs and the Committee on Appropriations

of the Senate, and the Committee on Oversight and Account-

ability and the Committee on Appropriations of the House

of Representatives a briefing on the status of the Office,

including with respect to the staffing levels, activities, and

fulfilment of duties of the Office.

(e) R

ULE OF

ONSTRUCTION

.—Nothing in this section, or an

amendment made by this section, shall be construed as restricting

or preempting engagement or outreach activities of elements of

the intelligence community.

(f) D

EFINITIONS

.—In this section, the term ‘‘Office of Engage-

ment’’ means the Office of Engagement established under section

122 of the National Security Act of 1947, as added by subsection

(a).

SEC. 7504. DESIGNATION OF A CHIEF TECHNOLOGY OFFICER WITHIN

CERTAIN ELEMENTS OF THE INTELLIGENCE COMMUNITY.

(a) D

ESIGNATION

UTHORITY

.—The head of each covered ele-

ment of the intelligence community shall designate a senior official

to serve as the chief technology officer of such element.

(b) C

OVERED

LEMENTS

.—For purposes of this section, the cov-

ered elements of the intelligence community are the following:

(1) The Central Intelligence Agency.

(2) The Defense Intelligence Agency.

(3) The Federal Bureau of Investigation.

(4) The National Geospatial-Intelligence Agency.

(5) The National Security Agency.

(6) The National Reconnaissance Office.

ESPONSIBILITY

.—The chief technology officer of each cov-

ered element of the intelligence community shall be responsible

50 USC 3334r.

50 USC 3062

note.

50 USC 3062

note.

Deadlines.

50 USC 3062

note.

50 USC 3062

note.

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137 STAT. 1084 PUBLIC LAW 118–31—DEC. 22, 2023

for assisting the head of such element in the identification and

adoption of technology to advance mission needs.

(d) P

ROHIBITION OF

UAL

PPOINTMENT

.—Any chief technology

officer designated pursuant to subsection (a) may not concurrently

serve as the chief information officer, the chief data officer, or

the principal science officer of any element of the intelligence

community.

SEC. 7505. REQUIREMENT TO AUTHORIZE ADDITIONAL SECURITY

CLEARANCES FOR CERTAIN CONTRACTORS.

(a) D

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the congressional intelligence committees;

(B) the Subcommittee on Defense of the Committee

on Appropriations of the Senate; and

on Appropriations of the House of Representatives.

(2) C

OVERED CONTRACT OR AGREEMENT

.—The term ‘‘covered

contract or agreement’’, with respect to an entity, means a

contract or other agreement between that entity and an element

of the intelligence community the performance of which requires

a specified number of covered persons to hold a security clear-

ance.

(3) C

OVERED PERSON

.—The term ‘‘covered person’’, with

respect to an entity, means a contractor or employee of that

entity.

(b) P

LAN AND

TUDY

.—

(1) I

N GENERAL

.—No later than April 1, 2024, the Director

of National Intelligence shall—

(A) complete a study on the feasibility and advisability

of implementing a program to authorize additional security

clearances for certain contractors as described in subsection

(c);

(B) develop a plan to implement the program described

in subparagraph (A); and

(i) a report on the findings of the Director with

respect to the study completed pursuant to subpara-

graph (A); and

(ii) the plan developed pursuant to subparagraph

(B).

(2) S

TUDY ELEMENTS

.—The study completed pursuant to

paragraph (1)(A) shall address the following:

(A) For contracts agreed to after the date of the enact-

ment of this Act, how private entities that contract with

the intelligence community would make payments for addi-

tional clearances for their employees and how the intel-

ligence community would receive payments.

(B) A list of and changes to provisions of law required

in order to fully implement the program required by sub-

section (c) and achieve the intent indicated in subparagraph

(A) of this paragraph.

carrying out the program required by subsection (c) and

achieving the intent indicated in subparagraph (A) of this

paragraph.

List.

Reports.

Deadline.

50 USC 3352g.

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137 STAT. 1085 PUBLIC LAW 118–31—DEC. 22, 2023

ROGRAM TO

UTHORIZE

DDITIONAL

ECURITY

LEARANCES

FOR

ERTAIN

ONTRACTORS

.— Subject to the limitations described

in subsection (d), the Director shall establish a program under

which—

(1) any entity that enters into a covered contract or agree-

ment with an element of the intelligence community may des-

ignate an additional number of covered persons who may

submit an application for a security clearance;

(2) the appropriate authorized investigative agency and

authorized adjudicative agency, as such terms are defined in

section 3001(a) of the Intelligence Reform and Terrorism

Prevention Act of 2004 (50 U.S.C. 3341(a)), shall—

(A) upon receiving such an application—

(i) conduct an appropriate investigation of the

background of the additional covered person; and

(ii) make a determination as to whether the addi-

tional covered person is eligible for access to classified

information; and

(B) if the determination under subparagraph (A)(ii)

is favorable, upon any of the specified number of covered

persons required to hold a security clearance for the

performance of work under that covered contract or agree-

ment becoming unable to perform such work, make a deter-

mination as to whether the additional covered person has

a demonstrated need-to-know under Executive Order 12968

(60 Fed. Reg. 40245; relating to access to classified informa-

tion), or any successor thereto, or Executive Order 10865

(25 Fed. Reg. 1583; relating to safeguarding classified

information within industry), or any successor thereto

(without requiring an additional investigation to be con-

ducted under subparagraph (A)(i)); and

(3) if the additional covered person receives a favorable

determination regarding the need-to-know under paragraph

(2)(B) and signs an approved nondisclosure agreement, the

additional covered person may perform such work in lieu of

such covered person.

(d) L

IMITATIONS

.—The limitations described in this subsection

are as follows:

(1) L

IMITATION ON NUMBER DESIGNATED PER CONTRACT

.—

The additional number designated by an entity under the pro-

gram established pursuant to subsection (c) for each covered

contract or agreement may not exceed the greater of the fol-

lowing:

(A) 10 percent of the number of security clearances

required to be held by covered persons to perform work

under the covered contract or agreement.

(B) 1 person.

(2) L

IMITATION ON NUMBER DESIGNATED PER ENTITY

.—The

total additional number designated by an entity under the

program established pursuant to subsection (c) may not exceed

the greater of the following:

(A) 10 percent of the sum total number of security

clearances required to be held by covered persons to per-

form work under all covered contracts or agreements of

the entity.

(B) 1 person.

(e) P

ROHIBITIONS

.—

Determination.

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137 STAT. 1086 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N GENERAL

.—No application for a security clearance

may be submitted by a covered person of an entity or granted

pursuant to the program established under subsection (c) in

excess of the limitations under subsection (d) applicable to

such entity.

(2) P

ROHIBITION ON BEARING COSTS

.—No head of an element

of the intelligence community may bear any cost associated

with granting or maintaining a security clearance the applica-

tion for which is submitted pursuant to subsection (c)(1).

(f) R

ULE OF

ONSTRUCTION

.—Nothing in this section may be

construed as requiring the head of an element of the intelligence

community to grant any covered person access to classified informa-

tion if a favorable determination of eligibility to access such classi-

fied information is not made with respect to such person.

SEC. 7506. INTELLIGENCE INNOVATION BOARD.

(a) E

STABLISHMENT OF

NTELLIGENCE

NNOVATION

OARD

.—

There is established in the executive branch of the Federal Govern-

ment a board to be known as the Intelligence Innovation Board

(in this section referred to as the ‘‘Board’’).

(b) P

URPOSE

.—The purpose of the Board is to provide to the

Director of National Intelligence and the heads of the other elements

of the intelligence community advice and recommendations on

changes to the culture, organizational structures, processes, and

functions of the intelligence community necessary to address the

adoption of emerging technologies by the intelligence community

and to accelerate such adoption.

EMBERSHIP

.—

(1) A

PPOINTMENT OF MEMBERS

.—The Board shall be com-

posed of 9 members appointed by the Director of National

Intelligence, after consultation with the Chair and Ranking

Member of the Permanent Select Committee on Intelligence

of the House of Representatives and the Chair and Vice Chair

of the Select Committee on Intelligence of the Senate, from

among citizens of the United States—

(A) who are not officers or employees of an element

of the intelligence community;

(B) who are eligible to hold an appropriate security

clearance;

business, or other expertise relevant to the mission and

functions of the intelligence community; and

(D) who the Director of National Intelligence deter-

mines—

(i) meet at least 1 of the qualifications described

in paragraph (2); and

(ii) do not present any active or potential conflict

of interest.

(2) Q

UALIFICATIONS

.—

(A) I

N GENERAL

.—The qualifications described in this

paragraph are the following:

(i) A proven track record of sound judgment in

leading or governing a large and complex private sector

corporation or organization.

(ii) A proven track record as a distinguished aca-

demic or researcher at an accredited institution of

Determination.

Recommenda-

tions.

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137 STAT. 1087 PUBLIC LAW 118–31—DEC. 22, 2023

higher education (as defined in section 101 of the

Higher Education Act of 1965 (20 U.S.C. 1001)).

(iii) Demonstrated experience in identifying

emerging technologies and facilitating the adoption of

such technologies into the operations of large organiza-

tions in either the public or private sector.

(iv) Demonstrated experience in developing new

technology.

(v) Demonstrated experience in technical evalua-

tions of commercial products.

(vi) Demonstrated expertise in privacy and civil

liberties implications associated with emerging tech-

nologies.

(B) M

EMBERSHIP STRUCTURE

.—The Director shall

ensure that no more than 4 concurrently serving members

of the Board qualify for membership on the Board based

predominately on a single qualification set forth under

subparagraph (A).

(3) C

HAIR

.—The Board shall have a Chair, who shall be

appointed by the Director of National Intelligence from among

the members of the Board, after consultation with the Chair

and Ranking Member of the Permanent Select Committee on

Intelligence of the House of Representatives and the Chair

and Vice Chair of the Select Committee on Intelligence of

the Senate.

(4) N

OTIFICATIONS

.—Not later than 30 days after the date

on which the Director of National Intelligence appoints a

member to the Board under paragraph (1), or appoints a

member of the Board as Chair under paragraph (3), the Director

shall notify the congressional intelligence committees, the Com-

mittee on Appropriations of the Senate, and the Committee

on Appropriations of the House of Representatives of such

appointment in writing.

(5) T

ERMS

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), each member of the Board shall be appointed for

a term of 2 years.

(B) V

ACANCIES

.—A member of the Board appointed

to fill a vacancy occurring before the expiration of the

term for which the predecessor of the member was

appointed shall be appointed only for the remainder of

that term. A vacancy in the Board shall not affect the

powers of the Board and shall be filled in the manner

in which the original appointment was made.

EAPPOINTMENTS

.—A member of the Board may

not be reappointed for an additional term, unless the

Director of National Intelligence certifies to the congres-

sional intelligence committees, the Committee on Appro-

priations of the Senate, and the Committee on Appropria-

tions of the House of Representatives that reappointment

for a single additional term is vital to the completion of

an ongoing project or initiative of the Board.

(6) P

ROHIBITION ON COMPENSATION

.—Members of the Board

shall serve without pay.

(7) T

RAVEL EXPENSES

.—Each member of the Board may

reimbursement of reasonable travel expenses, subject to a

process established by the Director and in accordance with

Certification.

Deadline.

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137 STAT. 1088 PUBLIC LAW 118–31—DEC. 22, 2023

applicable provisions under subchapter I of chapter 57 of title

5, United States Code.

(8) M

EETINGS

.—

(A) I

N GENERAL

.—The Board shall meet as necessary

to carry out its purpose and duties under this section,

but shall meet in person not less frequently than on a

quarterly basis. A majority of the members of the Board

shall constitute a quorum.

(B) C

LOSED MEETINGS

.—Meetings of the Board may

be closed to the public only to protect national security.

(d) S

TAFF

.—

(1) C

OMPOSITION

.—To the extent and in such amounts as

specifically provided in advance in appropriations Act for the

purposes detailed in this section, the Board shall be supported

by full-time staff with requisite experience to assist the Board

in carrying out its purpose and duties under this section in

such number as the Director of National Intelligence determines

appropriate. Such staff may be appointed by the Director of

National Intelligence or detailed or otherwise assigned from

another element of the intelligence community.

(2) S

ECURITY CLEARANCES

.—Staff of the Board, shall, as

a condition of appointment, detail, or assignment to the Board,

as the case may be, hold appropriate security clearances for

access to the classified records and materials to be reviewed

by the staff, and shall follow the guidance and practices on

security under applicable Executive orders and Presidential

or agency directives.

(e) R

EPORTS

.—

(1) S

UBMISSION

.—Beginning on the date that is 2 years

after the date on which the Board is established, and once

every 2 years thereafter until the date on which the Board

terminates under subsection (i), the Board shall submit to

the Director of National Intelligence and the congressional intel-

ligence committees, the Committee on Appropriations of the

Senate, and the Committee on Appropriations of the House

of Representatives a report on the activities of the Board,

which shall include, with respect to the period covered by

the report, the following:

(A) An assessment of the efforts of the intelligence

community taken during such period to accelerate the adop-

tion of competitive emerging technologies by the intel-

ligence community, including such efforts taken with

respect to the culture, organizational structures, processes,

or functions of the intelligence community.

(B) Recommendations on how the intelligence commu-

nity may make further progress to accelerate such adoption,

including recommendations on changes to the culture,

organizational structures, processes, and functions of the

intelligence community necessary for such accelerated

adoption.

National Intelligence determines appropriate.

(2) F

ORM

.—Each report under paragraph (1) may be sub-

mitted in classified form, but if so submitted shall include

an unclassified executive summary.

(f) T

ERMINATION

.—

Classified

information.

Recommenda-

tions.

Assessment.

Effective date.

Time period.

Determination.

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137 STAT. 1089 PUBLIC LAW 118–31—DEC. 22, 2023

(1) I

N GENERAL

.—Except as provided in paragraph (2), the

Board shall terminate on September 30, 2026.

(2) R

ENEWAL

.—The Director of National Intelligence may

renew the Board for an additional 2-year period following the

date of termination specified in paragraph (1) if the Director

notifies the congressional intelligence committees, the Com-

mittee on Appropriations of the Senate, and the Committee

on Appropriations of the House of Representatives of such

renewal.

(g) C

HARTER

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Director of National Intel-

ligence shall establish a charter for the Board, consistent with

this section.

(2) E

LEMENTS

.—The charter established pursuant to para-

graph (1) shall include the following:

(A) Mandatory processes for identifying potential con-

flicts of interest, including the submission of initial and

periodic financial disclosures by Board members.

(B) The vetting of potential conflicts of interest by

the Inspector General of the Intelligence Community.

protections for any whistleblower alleging a violation of

applicable conflict of interest, Federal contracting, or other

provision of law.

SEC. 7507. PROGRAMS FOR NEXT-GENERATION MICROELECTRONICS

IN SUPPORT OF ARTIFICIAL INTELLIGENCE.

(a) P

ROGRAM

STABLISHMENT

.—Subject to the availability of

appropriations, the Director of National Intelligence, acting through

the Director of the Intelligence Advanced Research Projects Activity,

shall establish or otherwise oversee a program to advance microelec-

tronics research.

(b) R

ESEARCH

OCUS

.—The Director of National Intelligence

shall ensure that the research carried out under the program estab-

lished under subsection (a) is focused on the following:

(1) Advanced engineering and applied research into next-

generation computing models, materials, devices, architectures,

and algorithms to enable the advancement of artificial intel-

ligence and machine learning.

(2) Efforts to—

(A) overcome challenges with engineering and applied

research of microelectronics, including with respect to the

physical limits on transistors, electrical interconnects, and

memory elements;

(B) promote long-term advancements in computing

technologies, including by fostering a unified and multi-

disciplinary approach encompassing research and develop-

ment into—

(i) next-generation algorithm design;

(ii) next-generation compute capability;

(iii) generative and adaptive artificial intelligence

for design applications;

(iv) photonics-based microprocessors, including

electrophotonics;

(v) the chemistry and physics of new materials;

50 USC 3334s.

Deadline.

Time period.

Notification.

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137 STAT. 1090 PUBLIC LAW 118–31—DEC. 22, 2023

(vi) optical communication networks, including

electrophotonics; and

(vii) safety and controls for generative artificial

intelligence applications for the intelligence commu-

nity.

(3) Any other activity the Director determines would pro-

mote the development of microelectronics research for future

technologies, including optical communications or quantum

technologies.

ONSIDERATION

, C

ONSULTATION

AND

OLLABORATION

.—In

carrying out the program established under subsection (a), the

Director of National Intelligence shall—

(1) consider the national strategy developed pursuant to

subsection (a)(3)(A)(i) of section 9906 of the William M. (Mac)

Thornberry National Defense Authorization Act for Fiscal Year

2021 (15 U.S.C. 4656);

(2) consult with the Secretary of Commerce; and

(3) actively collaborate with relevant Government agencies

and programs, including the programs established under sub-

section (c), (d), (e), and (f) of such section 9906 (15 U.S.C.

4656), academic institutions, and private industry to leverage

expertise and resources in conducting research.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—Amounts authorized

to be appropriated for the National Intelligence Program of the

Office of the Director of National Intelligence may be made available

to carry out the program established under subsection (a).

(e) B

RIEFING

EQUIREMENTS

.—The Director of the Intelligence

Advanced Research Projects Activity shall provide to the congres-

sional intelligence committees, the Committee on Appropriations

of the Senate, the Committee on Appropriations of the House of

Representatives, and, consistent with the protection of intelligence

sources and methods, the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Energy and

Commerce of the House of Representatives, regular briefings on—

(1) the progress, achievements, and outcomes of the pro-

gram established under subsection (a);

(2) the collaborations conducted pursuant to subsection (c);

and

(3) recommendations for future research priorities.

SEC. 7508. PROGRAM FOR BEYOND 5G.

(a) E

STABLISHMENT

.—The Director of National Intelligence,

acting through the Director of the Intelligence Advanced Research

Projects Activity, may initiate or otherwise carry out a program

dedicated to research and development efforts relevant to 6G tech-

nology and any successor technologies, but only if such efforts

are specific to potential applications of 6G technology (or any suc-

cessor technologies) for the intelligence community or for other

national security purposes.

(b) C

ONSULTATION AND

OORDINATION

.—In carrying out any

program under subsection (a), the Director shall consult and coordi-

nate with—

(1) relevant—

(A) heads of Federal departments and agencies,

including the Administrator of the National Telecommuni-

cations and Information Administration;

50 USC 3334t.

Recommenda-

tions.

Determination.

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137 STAT. 1091 PUBLIC LAW 118–31—DEC. 22, 2023

(B) interagency bodies, such as the Committee for the

Assessment of Foreign Participation in the United States

Telecommunications Sector;

(D) institutions of higher learning; and

(E) federally funded research and development centers;

and

(2) such other individuals and entities as the Director

determines appropriate.

ECHNOLOGY

EFINED

.—In this section, the term ‘‘6G

technology’’ means hardware, software, or other technologies

relating to sixth-generation wireless networks.

SEC. 7509. INTELLIGENCE COMMUNITY COMMERCIAL REMOTE

SENSING REQUIREMENTS.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) the United States benefits from a robust commercial

remote sensing industry that supports a science, technology,

engineering, and mathematics academic pipeline, enables

skilled manufacturing jobs, and fosters technological innova-

tion;

(2) commercial remote sensing capabilities complement and

augment dedicated Government remote sensing capabilities,

both when integrated into Government architectures and lever-

aged as stand-alone services;

(3) the Director of National Intelligence and Under Sec-

retary of Defense for Intelligence and Security should serve

as the United States Government leads for commercial remote

sensing procurement and seek to accommodate commercial

remote sensing needs of the intelligence community, the Depart-

ment of Defense, and Federal civil organizations under the

preview of the cognizant functional managers; and

(4) a transparent, sustained investment by the United

States Government in commercial remote sensing capabilities—

(A) is required to strengthen the United States

commercial remote sensing commercial industry; and

(B) should include electro-optical, synthetic aperture

radar, hyperspectral, and radio frequency detection and

other innovative phenemonology that may have national

security applications.

(b) G

UIDANCE

EQUIRED

.—Not later than 180 days after the

date of the enactment of this Act, the Director of National Intel-

ligence and the Under Secretary of Defense for Intelligence and

Security shall jointly develop guidance requiring the Commercial

Strategy Board or, if that is not feasible, such other entities within

the intelligence community and the Department of Defense that

the Director and the Under Secretary determine appropriate, to

perform, on a recurring basis, the following functions related to

commercial remote sensing:

(1) Validation of the current and long-term commercial

remote sensing capability needs, as determined by the relevant

functional managers, of the Department of Defense, the intel-

ligence community, and Federal civil users under the preview

of the cognizant functional managers.

(2) Development of commercial remote sensing require-

ments documents that are unclassified and releasable to United

States commercial industry.

Deadline.

Determination.

50 USC 3024

note.

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137 STAT. 1092 PUBLIC LAW 118–31—DEC. 22, 2023

(3) Development of a cost estimate that is unclassified

and releasable to United States commercial industry, covering

at least 5 years, associated with fulfilling the requirements

contained in the commercial remote sensing requirements docu-

ments referred developed under paragraph (2).

UNDING

EVELS

.—In the case of any fiscal year for which

a cost estimate is developed under subsection (b)(3) and for which

the budget of the President (as submitted to Congress pursuant

to section 1105 of title 31, United States Code) requests a level

of funding for the procurement of commercial remote sensing

requirements that is less than the amount identified in the cost

estimate, the President shall include with the budget an explanation

for the difference.

(d) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Director of National Intel-

ligence and the Under Secretary of Defense for Intelligence

and Security shall jointly submit to the appropriate congres-

sional committees a report on the implementation of subsection

(b).

(2) A

PPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

.—

In this subsection, the term ‘‘appropriate congressional commit-

tees’’ means—

(A) the congressional intelligence committees;

(B) the congressional defense committees;

on Appropriations of the House of Representatives; and

(D) the Subcommittee on Defense of the Committee

on Appropriations of the Senate.

SEC. 7510. REQUIREMENT TO ENSURE INTELLIGENCE COMMUNITY

DIRECTIVES APPROPRIATELY ACCOUNT FOR ARTIFICIAL

INTELLIGENCE AND MACHINE LEARNING TOOLS IN

INTELLIGENCE PRODUCTS.

(a) R

EQUIREMENT

.—Not later than 120 days after the date

of the enactment of this Act, the Director of National Intelligence

shall provide to the appropriate committees of Congress a briefing

on whether intelligence community directives in effect as of the

date such briefing is provided furnish intelligence community

analysts with sufficient guidance and direction with respect to

the use of artificial intelligence and machine learning tools in

intelligence products produced by the intelligence community.

(b) E

LEMENTS

.—The briefing required under subsection (a) shall

include—

(1) a determination by the Director as to—

(A) whether Intelligence Community Directive 203,

Analytic Standards, Intelligence Community Directive 206,

Sourcing Requirements for Disseminated Analytic Prod-

ucts, and any other intelligence community directive

related to the production and dissemination of intelligence

products by the intelligence community in effect as of the

date the briefing under subsection (a) is provided furnish

intelligence community analysts with sufficient guidance

and direction on how to properly use, provide sourcing

information about, and otherwise provide transparency to

customers regarding the use of artificial intelligence and

Determinations.

Deadline.

Briefing.

Cost estimate.

Time period.

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137 STAT. 1093 PUBLIC LAW 118–31—DEC. 22, 2023

machine learning tools in intelligence products produced

by the intelligence community; and

(B) whether any intelligence community directive

described in subparagraph (A) requires an update to pro-

vide such guidance and direction; and

(2) with respect to the determination under paragraph

(1)—

(A) in the case the Director makes a determination

that no update to an intelligence community directive

described in such paragraph is required, an explanation

regarding why such intelligence community directives cur-

rently provide sufficient guidance and direction to intel-

ligence community analysts; and

(B) in the case the Director makes a determination

that an update to an intelligence community directive

described in such paragraph is required, a plan and pro-

posed timeline to update any such intelligence community

directive.

EFINITION OF

PPROPRIATE

OMMITTEES OF

ONGRESS

.—

In this section, the term ‘‘appropriate committees of Congress’’

means—

(1) the congressional intelligence committees;

(2) the Committee on Appropriations of the Senate; and

(3) the Committee on Appropriations of the House of Rep-

resentatives.

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.

(a) B

RIEFING

EQUIRED

.—Not later than 45 days after the

date of the enactment of this Act, the Director of National Intel-

ligence shall provide to the congressional intelligence committees

a briefing on the status of the implementation by the Director

of section 6503 of the Intelligence Authorization Act for Fiscal

Year 2023 (division F of Public Law 117–263), including—

(1) the expected timeline for establishing the working group

required by subsection (a) of such section;

(2) the expected timeline for such working group to submit

to Congress the first assessment required by subsection (c)(2)

of such section; and

(3) whether any elements of the assessment described in

subsection (c)(3) of such section, as amended by subsection

(b), should be prepared in consultation with other working

groups or entities within the Office of the Director of National

Intelligence.

(b) M

ODIFICATIONS

.—Section 6503(c) of the Intelligence

Authorization Act for Fiscal Year 2023 (division F of Public Law

117–263) is amended—

(1) in paragraph (1)—

(A) in subparagraph (B), by inserting ‘‘the Committee

on Energy and Natural Resources, the Committee on Home-

land Security and Governmental Affairs,’’ after ‘‘Transpor-

tation,’’; and

136 Stat. 3537.

Deadline.

Timelines.

Plan.

Timeline.

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137 STAT. 1094 PUBLIC LAW 118–31—DEC. 22, 2023

(B) in subparagraph (C), by inserting ‘‘the Committee

on Oversight and Accountability,’’ after ‘‘and Means,’’; and

(2) in paragraph (3), by adding at the end the following:

‘‘(I) A detailed assessment, prepared in consultation

with all elements of the working group—

‘‘(i) of the investments made by the People’s

Republic of China in—

‘‘(I) artificial intelligence;

‘‘(II) next-generation energy technologies, espe-

cially small modular reactors and advanced bat-

teries; and

‘‘(III) biotechnology; and

‘‘(ii) that identifies—

‘‘(I) competitive practices of the People’s

Republic of China relating to the technologies

described in clause (i);

‘‘(II) opportunities to counter the practices

described in subclause (I);

‘‘(III) countries the People’s Republic of China

is targeting for exports of civil nuclear technology;

‘‘(IV) countries best positioned to utilize civil

nuclear technologies from the United States in

order to facilitate the commercial export of those

technologies;

‘‘(V) United States vulnerabilities in the

supply chain of these technologies; and

‘‘(VI) opportunities to counter the export by

the People’s Republic of China of civil nuclear tech-

nologies globally.

‘‘(J) An identification and assessment of any unmet

resource or authority needs of the working group that

affect the ability of the working group to carry out this

section.’’.

SEC. 7512. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR INTEL-

LIGENCE COMMUNITY CAPABILITIES.

(a) A

SSESSMENT

EQUIRED

.—The Director of National Intel-

ligence shall, in consultation with the heads of such other elements

of the intelligence community as the Director considers appropriate,

conduct an assessment of capabilities identified by the Intelligence

Community Continuity Program established pursuant to section

E(3) of Intelligence Community Directive 118, or any successor

directive, or such other intelligence community facilities or intel-

ligence community capabilities as may be determined by the

Director to be critical to United States national security, that have

unique energy needs—

(1) to ascertain the feasibility and advisability of using

civil nuclear reactors to meet such needs; and

(2) to identify such additional technologies, infrastructure,

or authorities needed, or other potential obstacles, to commence

use of a nuclear reactor to meet such needs.

(b) R

EPORT

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Director shall submit to

the appropriate committees of Congress a report, which may

be in classified form, on the findings of the Director with

Classified

information.

Determination.

Assessment.

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137 STAT. 1095 PUBLIC LAW 118–31—DEC. 22, 2023

respect to the assessment conducted pursuant to subsection

(a).

(2) A

PPROPRIATE COMMITTEES OF CONGRESS

.—In this sub-

section, the term ‘‘appropriate committees of Congress’’ means—

(A) the congressional intelligence committees;

(B) the Committee on Homeland Security and Govern-

mental Affairs, the Committee on Energy and Natural

Resources, and the Committee on Appropriations of the

Senate; and

the Committee on Energy and Commerce, and the Com-

mittee on Appropriations of the House of Representatives.

SEC. 7513. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL INTEL-

LIGENCE FOR ARTIFICIAL INTELLIGENCE CAPABILITIES.

(a) I

ENERAL

.—Section 6702 of the Intelligence Authorization

Act for Fiscal Year 2023 (50 U.S.C. 3334m) is amended—

(1) in subsection (a), in the matter preceding paragraph

(1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’;

(2) by redesignating subsection (b) as subsection (c); and

(3) by inserting after subsection (a) the following:

‘‘(b) P

OLICIES

.—

‘‘(1) I

N GENERAL

.—In carrying out subsection (a)(1), not

later than 1 year after the date of the enactment of the Intel-

ligence Authorization Act for Fiscal Year 2024, the Director

of National Intelligence, in consultation with the heads of the

elements of the intelligence community, the Director of the

Office of Management and Budget, and such other officials

as the Director of National Intelligence determines appropriate,

shall establish the policies described in paragraph (2).

‘‘(2) P

OLICIES DESCRIBED

.—The policies described in this

paragraph are policies for the acquisition, adoption, develop-

ment, use, coordination, and maintenance of artificial intel-

ligence capabilities that—

‘‘(A) establish a lexicon relating to the use of machine

learning and artificial intelligence developed or acquired

by elements of the intelligence community;

‘‘(B) establish minimum guidelines for evaluating the

performance of models developed or acquired by elements

of the intelligence community, such as by—

‘‘(i) specifying conditions for the continuous moni-

toring of artificial intelligence capabilities for perform-

ance, including the conditions for retraining or retiring

models based on performance;

‘‘(ii) documenting performance objectives, including

specifying how performance objectives shall be devel-

oped and contractually enforced for capabilities pro-

cured from third parties;

‘‘(iii) specifying the manner in which models should

be audited, as necessary, including the types of docu-

mentation that should be provided to any auditor; and

‘‘(iv) specifying conditions under which models

used by elements of the intelligence community should

be subject to testing and evaluation for vulnerabilities

to techniques meant to undermine the availability,

integrity, or privacy of an artificial intelligence capa-

bility;

Evaluation.

Guidelines.

Definition.

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137 STAT. 1096 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(C) establish minimum guidelines for tracking depend-

encies in adjacent systems, capabilities, or processes

impacted by the retraining or sunsetting of any model

described in subparagraph (B);

‘‘(D) establish minimum documentation requirements

for capabilities procured from third parties, aligning such

requirements, as necessary, with existing documentation

requirements applicable to capabilities developed by ele-

ments of the intelligence community;

‘‘(E) establish minimum standards for the documenta-

tion of imputed, augmented, or synthetic data used to

train any model developed, procured, or used by an element

of the intelligence community; and

‘‘(F) provide guidance on the acquisition and usage

of models that have previously been trained by a third

party for subsequent modification and usage by such an

element.

‘‘(3) P

OLICY REVIEW AND REVISION

.—The Director of

National Intelligence shall annually review or revise each policy

established under paragraph (1).’’.

(b) C

ONFORMING

MENDMENT

.—Section 6712(b)(1) of such Act

(50 U.S.C. 3024 note) is amended by striking ‘‘section 6702(b)’’

and inserting ‘‘section 6702(c)’’.

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.

Sec. 7605. Implementation of technology for classification and declassification.

Sec. 7606. Studies and recommendations on necessity of security clearances.

SEC. 7601. SHORT TITLE.

This title may be cited as the ‘‘Sensible Classification Act

of 2023’’.

SEC. 7602. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.

(a) I

ENERAL

.—Whenever an agency is processing a request

pursuant to section 552 of title 5, United States Code (commonly

known as the ‘‘Freedom of Information Act’’) or the mandatory

declassification review provisions of Executive Order 13526 (50

U.S.C. 3161 note; relating to classified national security informa-

tion), or successor order, and identifies responsive classified records

that are more than 25 years of age as of December 31 of the

year in which the request is received, the head of the agency

shall, in accordance with existing processes to protect national

security under the Freedom of Information Act and the mandatory

review provisions of Executive Order 12526, review the record and

process the record for declassification and release by the National

Declassification Center of the National Archives and Records

Administration, unless the head of agency—

(1) makes a certification to Congress, including the congres-

sional intelligence committees, the Committee on Armed Serv-

ices, the Committee on Homeland Security and Governmental

Affairs, the Committee on Foreign Relations, the Committee

on the Judiciary of the Senate, and the Committee on Armed

Services, the Committee on Oversight and Accountability, the

Certification.

Time period.

50 USC 3350a.

50 USC 3301

note.

Sensible

Classification Act

of 2023.

Records.

Deadline.

Standards.

Requirements.

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137 STAT. 1097 PUBLIC LAW 118–31—DEC. 22, 2023

Committee on Foreign Affairs, and the Committee on the

Judiciary of the House of Representatives, that the declassifica-

tion of certain components within the record would be harmful

to the protection of sources and methods or national security,

pursuant to existing processes; and

(2) provides an explanation to Congress, including the

congressional intelligence committees, the Committee on Armed

Services, the Committee on Homeland Security and Govern-

mental Affairs, the Committee on Foreign Relations, the Com-

mittee on the Judiciary of the Senate, and the Committee

on Armed Services, the Committee on Oversight and Account-

ability, the Committee on Foreign Affairs, and the Committee

on the Judiciary of the House of Representatives, for such

certification.

(b) A

PPLICATION

.—Subsection (a) shall apply regardless of

whether or not the record described in such subsection is in the

legal custody of the National Archives and Records Administration.

SEC. 7603. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.

(a) D

EFINITIONS

.—In this section:

(1) O

VER

CLASSIFICATION

.—The term ‘‘over-classification’’

means classification at a level that exceeds the minimum level

of classification that is sufficient to protect the national security

of the United States.

(2) S

ENSIBLE CLASSIFICATION

.—The term ‘‘sensible classi-

fication’’ means classification at a level that is the minimum

level of classification that is sufficient to protect the national

security of the United States.

(b) T

RAINING

EQUIRED

.—Each head of an agency with classi-

fication authority shall conduct training for employees of the agency

with classification authority to hold employees accountable for over-

classification and to promote sensible classification.

SEC. 7604. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION

BOARD.

Section 703 of the Public Interest Declassification Act of 2000

(50 U.S.C. 3355a) is amended—

(1) in subsection (c), by adding at the end the following:

‘‘(5) A member of the Board whose term has expired may

continue to serve until the earlier of—

‘‘(A) the date that a successor is appointed and sworn

in; and

‘‘(B) the date that is 1 year after the date of the expiration

of the term.

‘‘(6) Not later than 30 days after the date on which the term

of a member of the Board ends, the appointing authority of the

member shall submit to Congress a plan to appoint a successor.’’;

and

(2) in subsection (f)—

(A) by inserting ‘‘(1)’’ before ‘‘Any employee’’; and

(B) by adding at the end the following:

‘‘(2) In addition to any employees detailed to the Board under

paragraph (1), the Board may, subject to the availability of funds,

hire not more than 12 staff members.’’.

Deadline.

Plan.

Termination

date.

50 USC 3344a.

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137 STAT. 1098 PUBLIC LAW 118–31—DEC. 22, 2023

SEC. 7605. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION

AND DECLASSIFICATION.

(a) I

ENERAL

.—Not later than 1 year after the date of the

enactment of this Act, the Administrator of the Office of Electronic

Government (in this section referred to as the ‘‘Administrator’’)

shall, in consultation with the Secretary of Defense, the Director

of the Central Intelligence Agency, the Director of National Intel-

ligence, the Public Interest Declassification Board, the Director

of the Information Security Oversight Office, and the head of the

National Declassification Center of the National Archives and

Records Administration—

(1) research a technology-based solutions—

(A) to support efficient and effective systems for classi-

fication and declassification; and

(B) to be implemented on an interoperable and fed-

erated basis across the Federal Government; and

(2) submit to the President and Congress, including the

congressional intelligence committees, the Committee on Armed

Services, the Committee on Homeland Security and Govern-

mental Affairs, the Committee on Foreign Relations, the Com-

mittee on the Judiciary of the Senate, and the Committee

on Armed Services, the Committee on Oversight and Account-

ability, the Committee on Foreign Affairs, and the Committee

on the Judiciary of the House of Representatives, recommenda-

tions regarding a technology-based solutions described in para-

graph (1).

(b) R

EPORT

.—Not later than 540 days after the date of the

enactment of this Act, the President shall submit to Congress

a classified report describing actions taken to implement the rec-

ommendations under subsection (a)(2).

SEC. 7606. STUDIES AND RECOMMENDATIONS ON NECESSITY OF SECU-

RITY CLEARANCES.

(a) A

GENCY

TUDIES ON

ECESSITY OF

ECURITY

LEARANCES

.—

(1) S

TUDIES REQUIRED

.—The head of each agency that

grants security clearances to personnel of such agency shall

conduct a study on the necessity of such clearances.

(2) R

EPORTS REQUIRED

.—

(A) I

N GENERAL

.—Not later than 1 year after the date

of the enactment of this Act, each head of an agency that

conducts a study under paragraph (1) shall submit to Con-

gress, including the congressional intelligence committees,

the Committee on Armed Services, the Committee on

Homeland Security and Governmental Affairs, the Com-

mittee on Foreign Relations, the Committee on the

Judiciary of the Senate, and the Committee on Armed

Services, the Committee on Oversight and Accountability,

the Committee on Foreign Affairs, and the Committee on

the Judiciary of the House of Representatives, a report

on the findings of the agency head with respect to such

study, which the agency head may classify as appropriate.

(B) R

EQUIRED ELEMENTS

.—Each report submitted by

the head of an agency under subparagraph (A) shall

include, for such agency, the following:

(i) The number of personnel eligible for access

to information up to the ‘‘Top Secret’’ level.

Reports.

Classified

information.

Recommenda-

tions.

Deadline.

44 USC 3501

note.

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137 STAT. 1099 PUBLIC LAW 118–31—DEC. 22, 2023

(ii) The number of personnel eligible for access

to information up to the ‘‘Secret’’ level.

(iii) Information on any reduction in the number

of personnel eligible for access to classified information

based on the study conducted under paragraph (1).

(iv) A description of how the agency head will

ensure that the number of security clearances granted

by such agency will be kept to the minimum required

for the conduct of agency functions, commensurate with

the size, needs, and mission of the agency.

(3) I

NDUSTRY

.—This subsection shall apply to the Secretary

of Defense in the Secretary’s capacity as the Executive Agent

for the National Industrial Security Program, and the Secretary

shall treat contractors, licensees, and grantees as personnel

of the Department of Defense for purposes of the studies and

reports required by this subsection.

(b) D

IRECTOR OF

ATIONAL

NTELLIGENCE

EVIEW OF

ENSITIVE

OMPARTMENTED

NFORMATION

.—Not later than 1 year after the

date of the enactment of this Act, the Director of National Intel-

ligence shall—

(1) review the number of personnel eligible for access to

sensitive compartmented information; and

(2) submit to Congress, including the congressional intel-

ligence committees, the Committee on Armed Services, the

Committee on Homeland Security and Governmental Affairs,

the Committee on Foreign Relations, the Committee on the

Judiciary of the Senate, and the Committee on Armed Services,

the Committee on Oversight and Accountability, the Committee

on Foreign Affairs, and the Committee on the Judiciary of

the House of Representatives, a report on how the Director

will ensure that the number of such personnel is limited to

the minimum required.

GENCY

EVIEW OF

PECIAL

CCESS

ROGRAMS

.—Not later

than 1 year after the date of the enactment of this Act, each

head of an agency who is authorized to establish a special access

program by Executive Order 13526 (50 U.S.C. 3161 note; relating

to classified national security information), or successor order,

shall—

(1) review the number of personnel of the agency eligible

for access to such special access programs; and

(2) submit to Congress, including the congressional intel-

ligence committees, the Committee on Armed Services, the

Committee on Homeland Security and Governmental Affairs,

the Committee on Foreign Relations, the Committee on the

Judiciary of the Senate, and the Committee on Armed Services,

the Committee on Oversight and Accountability, the Committee

on Foreign Affairs, and the Committee on the Judiciary of

the House of Representatives, a report on how the agency

head will ensure that the number of such personnel is limited

to the minimum required.

(d) S

ECRETARY OF

NERGY

EVIEW OF

AND

L C

LEARANCES

.—

Not later than 1 year after the date of enactment of this Act,

the Secretary of Energy shall—

(1) review the number of personnel of the Department

of Energy granted Q and L access; and

(2) submit to Congress, including the congressional intel-

ligence committees, the Committee on Armed Services, the

Applicability.

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137 STAT. 1100 PUBLIC LAW 118–31—DEC. 22, 2023

Committee on Homeland Security and Governmental Affairs,

the Committee on Foreign Relations, the Committee on the

Judiciary of the Senate, and the Committee on Armed Services,

the Committee on Oversight and Accountability, the Committee

on Foreign Affairs, and the Committee on the Judiciary of

the House of Representatives, a report on how the Secretary

will ensure that the number of such personnel is limited to

the minimum required

(e) I

NDEPENDENT

EVIEWS

.—Not later than 180 days after the

date on which a study is completed under subsection (a) or a

review is completed under subsections (b) through (d), the Director

of the Office of Management and Budget shall each review the

study or review, as the case may be.

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.

SEC. 7701. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES

FOR PERSONNEL VETTING.

(a) D

EFINITION OF

PPROPRIATE

OMMITTEES OF

ONGRESS

.—

In this section, the term ‘‘appropriate committees of Congress’’

means—

(1) the congressional intelligence committees;

(2) the Committee on Armed Services and the Sub-

committee on Defense of the Committee on Appropriations of

the Senate; and

(3) the Committee on Armed Services and the Sub-

committee on Defense of the Committee on Appropriations of

the House of Representatives.

(b) I

ENERAL

.—Not later than 1 year after the date of the

enactment of this Act, the Director of National Intelligence shall

submit to the appropriate committees of Congress a review of the

extent to which the intelligence community can use information

technology services shared among the intelligence community for

purposes of personnel vetting, including with respect to human

resources, suitability, and security.

SEC. 7702. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS

OF TRUST FOR PERSONNEL VETTING.

(a) T

IMELINESS

TANDARD

.—

(1) I

N GENERAL

.—The President shall, acting through the

Security Executive Agent and the Suitability and Credentialing

Executive Agent, establish and publish in such public venue

as the President considers appropriate, new timeliness perform-

ance standards for processing personnel vetting trust deter-

minations in accordance with the Federal personnel vetting

performance management standards.

(2) Q

UINQUENNIAL REVIEWS

.—Not less frequently than once

every 5 years, the President shall, acting through the Security

Executive Agent and the Suitability and Credentialing Execu-

tive Agent—

President.

Publication.

Public

information.

Standards.

50 USC 3352h.

Deadline.

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137 STAT. 1101 PUBLIC LAW 118–31—DEC. 22, 2023

(A) review the standards established pursuant to para-

graph (1); and

(B) pursuant to such review—

(i) update such standards as the President con-

siders appropriate; and

(ii) publish in the Federal Register such updates

as may be made pursuant to clause (i).

(3) C

ONFORMING AMENDMENT

.—Section 3001 of the Intel-

ligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.

3341) is amended by striking subsection (g).

(b) Q

UARTERLY

EPORTS ON

MPLEMENTATION

.—

(1) I

N GENERAL

.—Not less frequently than quarterly, the

Security Executive Agent and the Suitability and Credentialing

Executive Agent shall jointly make available to the public a

quarterly report on the compliance of Executive agencies (as

defined in section 105 of title 5, United States Code) with

the standards established pursuant to subsection (a).

(2) D

ISAGGREGATION

.—Each report made available pursu-

ant to paragraph (1) shall disaggregate, to the greatest extent

practicable, data by appropriate category of personnel risk and

between Government and contractor personnel.

OMPLEMENTARY

TANDARDS FOR

NTELLIGENCE

OMMU

NITY

.—The Director of National Intelligence may, in consultation

with the Security, Suitability, and Credentialing Performance

Accountability Council established pursuant to Executive Order

13467 (50 U.S.C. 3161 note; relating to reforming processes related

to suitability for Government employment, fitness for contractor

employees, and eligibility for access to classified national security

information) establish for the intelligence community standards

complementary to those established pursuant to subsection (a).

SEC. 7703. ANNUAL REPORT ON PERSONNEL VETTING TRUST DETER-

MINATIONS.

(a) D

EFINITION OF

ERSONNEL

ETTING

RUST

ETERMINA

TION

.—In this section, the term ‘‘personnel vetting trust determina-

tion’’ means any determination made by an executive branch agency

as to whether an individual can be trusted to perform job functions

or to be granted access necessary for a position.

(b) A

NNUAL

EPORT

.—Not later than March 30, 2024, and

annually thereafter for 5 years, the Director of National Intelligence,

acting as the Security Executive Agent, and the Director of the

Office of Personnel Management, acting as the Suitability and

Credentialing Executive Agent, in coordination with the Security,

Suitability, and Credentialing Performance Accountability Council,

shall jointly make available to the public a report on specific types

of personnel vetting trust determinations made during the fiscal

year preceding the fiscal year in which the report is made available,

disaggregated, to the greatest extent possible, by the following:

(1) Determinations of eligibility for national security-sen-

sitive positions, separately noting—

(A) the number of individuals granted access to classi-

fied national security information; and

(B) the number of individuals determined to be eligible

for but not granted access to classified national security

information.

(2) Determinations of suitability or fitness for a public

trust position.

Public

information.

Data.

Public

information.

Federal Register,

publication.

Update.

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137 STAT. 1102 PUBLIC LAW 118–31—DEC. 22, 2023

(3) Status as a Government employee, a contractor

employee, or other category.

LIMINATION OF

EPORT

EQUIREMENT

.—Section 3001 of

the Intelligence Reform and Terrorism Prevention Act of 2004 (50

U.S.C. 3341) is amended by striking subsection (h).

SEC. 7704. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF

TRUSTED WORKFORCE 2.0.

Not later than 1 year after the date of the enactment of this

Act, and once every 2 years thereafter until 2029, the Comptroller

General of the United States shall administer a survey to such

sample of Federal agencies, Federal contractors, and other persons

that require security clearances to access classified information

as the Comptroller General considers appropriate to assess—

(1) the strengths and weaknesses of the implementation

of the Trusted Workforce 2.0 initiative; and

(2) the effectiveness of vetting Federal personnel while

managing risk during the onboarding of such personnel.

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.

SEC. 7801. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE

BY THE CENTRAL INTELLIGENCE AGENCY FOR QUALI-

FYING INJURIES TO THE BRAIN.

Section 19A(d) of the Central Intelligence Agency Act of 1949

(50 U.S.C. 3519b(d)) is amended by striking paragraph (3) and

inserting the following new paragraph:

‘‘(3) F

UNDING

.—

‘‘(A) I

N GENERAL

.—Payment under paragraph (2) in

a fiscal year may be made using any funds—

‘‘(i) appropriated specifically for payments under

such paragraph; or

‘‘(ii) reprogrammed in accordance with section 504

of the National Security Act of 1947 (50 U.S.C. 3094).

‘‘(B) B

UDGET

.—For each fiscal year, the Director shall

include with the budget justification materials submitted

to Congress in support of the budget of the President

for that fiscal year pursuant to section 1105(a) of title

31, United States Code, an estimate of the funds required

in that fiscal year to make payments under paragraph

(2).’’.

SEC. 7802. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN

BENEFITS RELATING TO INJURIES TO THE BRAIN.

(a) I

ENERAL

.—Section 19A(d)(5) of the Central Intelligence

Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is amended—

(1) by striking ‘‘Payments made’’ and inserting the fol-

lowing:

Deadline.

Termination

date.

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137 STAT. 1103 PUBLIC LAW 118–31—DEC. 22, 2023

‘‘(A) I

N GENERAL

.—Payments made’’; and

(2) by adding at the end the following:

‘‘(B) R

ELATION TO CERTAIN FEDERAL WORKERS COM

PENSATION LAWS

.—Without regard to the requirements in

sections (b) and (c), covered employees need not first seek

benefits provided under chapter 81 of title 5, United States

Code, to be eligible solely for payment authorized under

paragraph (2) of this subsection.’’.

(b) R

EGULATIONS

.—Not later than 90 days after the date of

the enactment of this Act, the Director of the Central Intelligence

Agency shall—

(1) revise applicable regulations to conform with the amend-

ment made by subsection (a); and

(2) submit to the congressional intelligence committees,

the Subcommittee on Defense of the Committee on Appropria-

tions of the Senate, and the Subcommittee on Defense of the

Committee on Appropriations of the House of Representatives

copies of such regulations, as revised pursuant to paragraph

(1).

SEC. 7803. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA

ACT OF 2021 AUTHORITIES.

(a) R

EGULATIONS

.—Except as provided in subsection (c), not

later than 180 days after the date of the enactment of this Act,

each head of an element of the intelligence community that has

not already done so shall—

(1) issue regulations and procedures to implement the

authorities provided by section 19A(d) of the Central Intel-

ligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and section

901(i) of title IX of division J of the Further Consolidated

Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to provide pay-

ments under such sections, to the degree that such authorities

are applicable to the head of the element; and

(2) submit to the congressional intelligence committees,

the Committee on Armed Services and the Subcommittee on

Defense of the Committee on Appropriations of the Senate,

and the Committee on Armed Services and the Subcommittee

on Defense of the Committee on Appropriations of the House

of Representatives copies of such regulations.

(b) R

EPORTING

.—Not later than 210 days after the date of

the enactment of this Act, each head of an element of the intel-

ligence community shall submit to the congressional intelligence

committees, the Committee on Armed Services and the Sub-

committee on Defense of the Committee on Appropriations of the

Senate, and the Committee on Armed Services and the Sub-

committee on Defense of the Committee on Appropriations of the

House of Representatives a report on—

(1) the estimated number of individuals associated with

their element that may be eligible for payment under the

authorities described in subsection (a)(1);

(2) an estimate of the obligation that the head of the

intelligence community element expects to incur in fiscal year

2025 as a result of establishing the regulations pursuant to

subsection (a)(1); and

(3) any perceived barriers or concerns in implementing

such authorities.

Estimates.

Records.

Deadline.

50 USC 3519b

note.

Records.

Revisions.

Deadline.

50 USC 3519b

note.

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137 STAT. 1104 PUBLIC LAW 118–31—DEC. 22, 2023

LTERNATIVE

EPORTING

.—Not later than 180 days after

the date of the enactment of this Act, each head of an element

of the intelligence community (other than the Director of the Central

Intelligence Agency) who believes that the authorities described

in subsection (a)(1) are not currently relevant for individuals associ-

ated with their element, or who are not otherwise in position

to issue the regulations and procedures required by subsection

(a)(1) shall provide written and detailed justification to the congres-

sional intelligence committees, the Committee on Armed Services

and the Subcommittee on Defense of the Committee on Appropria-

tions of the Senate, and the Committee on Armed Services and

the Subcommittee on Defense of the Committee on Appropriations

of the House of Representatives to explain this position.

SEC. 7804. REPORT AND BRIEFINGS ON CENTRAL INTELLIGENCE

AGENCY HANDLING OF ANOMALOUS HEALTH INCIDENTS.

(a) D

EFINITIONS

.—In this section:

(1) A

GENCY

.—The term ‘‘Agency’’ means the Central Intel-

ligence Agency.

(2) A

PPROPRIATE COMMITTEES OF CONGRESS

.—The term

‘‘appropriate committees of Congress’’ means—

(A) the congressional intelligence committees;

(B) the Committee on Appropriations of the Senate;

and

of Representatives.

(3) Q

UALIFYING INJURY

.—The term ‘‘qualifying injury’’ has

the meaning given such term in section 19A(d)(1) of the Central

Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(1)).

(b) I

ENERAL

.—Not later than 60 days after the date of

the enactment of this Act, the Director of the Central Intelligence

Agency shall submit to the appropriate committees of Congress

a report on the handling of anomalous health incidents by the

Agency.

ONTENTS

.—The report required by subsection (b) shall

include the following:

(1) P

RIORITY CASES

.—

(A) A detailed list of priority cases of anomalous health

incidents, including any cases that the Agency has assessed

as potentially resulting from an external stimulus or the

actions of a foreign actor, including, for each case, locations,

dates, times, and circumstances of the anomalous health

incidents.

(B) For each priority case listed in accordance with

subparagraph (A)—

(i) an explanation as to why such case was deter-

mined to be a priority case;

(ii) a description of each entity assigned to inves-

tigate the case;

(iii) a detailed explanation of each credible alter-

native explanation that the Agency assigned to the

incident, including whether each individual affected

by the incident was informed about and provided with

an opportunity to appeal such credible alternative

explanation; and

Lists.

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137 STAT. 1105 PUBLIC LAW 118–31—DEC. 22, 2023

(iv) a detailed account of the input, data, evidence,

or opinions the Agency has received from other agen-

cies or components of the Federal Government that

the Agency may have used to reach a conclusion on

such case.

incident determined to largely display the core characteris-

tics of an anomalous health incident established by the

Intelligence Community Experts Panel, including each case

for which the Agency does not have a credible alternative

explanation, a detailed description of such case.

(2) A

NOMALOUS HEALTH INCIDENT SENSORS

.—

(A) A list of all types of sensors that the Agency has

developed or deployed with respect to reports of anomalous

health incidents, including, for each type of sensor, the

deployment location, the date and the duration of the

employment of such type of sensor, and, if applicable, the

reason for removal.

(B) A list of entities to which the Agency has provided

unrestricted access to data from sensors associated with

anomalous health incidents.

received from elements of the Federal Government

regarding sensor development, testing, or deployment, and

a description of the support provided in each case.

(D) A description of each emitter signature that the

Agency prioritizes as a threat obtained by sensors associ-

ated with anomalous health incidents in Agency holdings

since 2016, and an explanation of such prioritization.

(d) A

DDITIONAL

UBMISSIONS

.—Concurrent with the submission

of the report required by subsection (b), the Director of the Central

Intelligence Agency shall submit to the appropriate committees

of Congress—

(1) a report on the length of time, from the time of initial

application, for an applicant for payment under the Expanded

Care Program of the Central Intelligence Agency to receive

a determination from the Agency, disaggregated by qualifying

injuries and qualifying injuries to the brain;

(2) copies of all informational and instructional materials

provided to employees of and other individuals affiliated with

the Agency, with respect to applying for the Expanded Care

Program; and

(3) copies of Agency guidance provided to employees of

and other individuals affiliated with the Agency, with respect

to reporting and responding to a suspected anomalous health

incident, and the roles and responsibilities of each element

of the Agency tasked with responding to a report of an anoma-

lous health incident.

(e) B

RIEFING

EQUIREMENT

.—

(1) I

N GENERAL

.—Not later than 90 days after the date

of the enactment of this Act, the Director of the Central Intel-

ligence Agency shall brief the appropriate committees of Con-

gress on the report required by subsection (b).

(2) A

DDITIONAL BRIEFINGS

.—Upon request of the appro-

priate committees of Congress, the Director shall brief such

committees on anomalous health incidents.

Records.

Lists.

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137 STAT. 1106 PUBLIC LAW 118–31—DEC. 22, 2023

(3) A

VAILABILITY

.—The Director shall ensure that

employees and other personnel of the Agency are made avail-

able for briefings under this subsection.

TITLE IX—OTHER MATTERS

Sec. 7901. Technical corrections.

Sec. 7902. Extension of title VII of FISA.

SEC. 7901. TECHNICAL CORRECTIONS.

(a) N

ATIONAL

ECURITY

CT OF

1947.—The National Security

Act of 1947 (50 U.S.C. 3001 et seq.) is amended—

(1) in section 102A(n) (50 U.S.C. 3024(n)) by redesignating

the second paragraph (5) as paragraph (6);

(2) in section 503(c)(3) (50 U.S.C. 3093(c)(3)), by striking

‘‘section’’ and inserting ‘‘subsection’’;

(3) in section 805(6) (50 U.S.C. 3164(6)), by striking ‘‘sec-

tions 101 (a) and (b)’’ and inserting ‘‘subsections (a) and (b)

of section 101’’; and

(4) in section 1102A (50 U.S.C. 3232a)—

(A) in subsection (b)(3), by striking ‘‘subsection (2)’’

and inserting ‘‘paragraph (1)’’; and

(B) in subsection (c)(4)(C)(iv), by striking ‘‘wavier’’ and

inserting ‘‘waiver’’.

(b) I

NTELLIGENCE

UTHORIZATION

CT FOR

ISCAL

EAR

2023.—

The Intelligence Authorization Act for Fiscal Year 2023 (division

F of Public Law 117–263) is amended—

(1) in section 6422(b) (50 U.S.C. 3334l(b)), by striking

‘‘Congressional’’ and inserting ‘‘congressional’’; and

(2) in section 6732(b) (50 U.S.C. 3024 note; 136 Stat. 3583),

by striking ‘‘paragraph (5)’’ and inserting ‘‘paragraph (6)’’.

AVID

L. B

OREN

ATIONAL

ECURITY

DUCATION

CT OF

1991.—The David L. Boren National Security Education Act of

1991 (50 U.S.C. 1901 et seq.) is amended—

(1) in section 802(j)(6) (50 U.S.C. 1902(j)(6))—

(A) by redesignating subparagraphs (C) and (D) as

subparagraphs (B) and (C), respectively; and

(B) in subparagraph (B), as so redesignated, by striking

‘‘subparagraph (D)’’ and inserting ‘‘subparagraph (C)’’;

(2) in section 803(d)(9)(D) (50 U.S.C. 1903(d)(9)(D)), by

striking ‘‘Local’’ and inserting ‘‘local’’; and

(3) in section 808(4)(A) (50 U.S.C. 1908(4)(A)), by striking

‘‘a agency’’ and inserting ‘‘an agency’’.

(d) C

ENTRAL

NTELLIGENCE

GENCY

ETIREMENT

.—The

Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et

seq.) is amended—

(1) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by

striking ‘‘subsection 241(c)’’ and inserting ‘‘section 241(c)’’;

(2) in section 263(g)(1) (50 U.S.C. 2093(g)(1)), by striking

‘‘Fund’’ and inserting ‘‘fund’’;

(3) in section 271(b) (50 U.S.C. 2111(b)), by striking ‘‘section

231(b)’’ and inserting ‘‘section 231(c)’’; and

(4) in section 304(c) (50 U.S.C. 2154(c))—

(A) in paragraph (1)(B)(i), by striking ‘‘title 50’’ and

inserting ‘‘title 5’’; and

(B) in paragraph (5)(A)(ii), by striking ‘‘sections’’ and

inserting ‘‘section’’.

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137 STAT. 1107 PUBLIC LAW 118–31—DEC. 22, 2023

(e) I

NTELLIGENCE

EFORM AND

ERRORISM

REVENTION

2004.—Section 3001 of the Intelligence Reform and Terrorism

Prevention Act of 2004 (50 U.S.C. 3341) is amended—

(1) in subsection (a)—

(A) in paragraph (4)(B)(i), by striking the semicolon

and inserting ‘‘);’’; and

(B) in paragraph (9)(A), by striking ‘‘with industry’’

and inserting ‘‘within industry’’; and

(2) in subsection (j)(1)(C)(i), by striking ‘‘(d),’’ and all that

follows through ‘‘section 8H’’ and inserting ‘‘(d), and (h) of

section 8H’’.

(f) I

NTELLIGENCE

UTHORIZATION

CT FOR

ISCAL

EAR

2003.—

The Intelligence Authorization Act for Fiscal Year 2003 (Public

Law 107–306; 116 Stat. 2383) is amended—

(1) in section 313(d)(3)(B) (50 U.S.C. 3361(d)(3)(B)), by

adding a period at the end; and

(2) in section 343(d)(1) (50 U.S.C. 3363(d)(1)), by striking

‘‘Not later then’’ and inserting ‘‘Not later than’’.

(g) C

ENTRAL

NTELLIGENCE

GENCY

CT OF

1949.—The Central

Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is

amended—

(1) in section 4—

(A) in subsection (a)(1)(E) (50 U.S.C. 3505(a)(1)(E)),

by striking the period at the end and inserting ‘‘; and’’;

and

(B) in subsection (b)(2) (50 U.S.C. 3505(b)(2)), by

striking ‘‘authorized by section’’ and inserting ‘‘authorized

by sections’’;

(2) in section 6 (50 U.S.C. 3507), by striking ‘‘or of the,

names’’ and inserting ‘‘or of the names’’;

(3) in section 12(a)(2)(A) (50 U.S.C. 3512(a)(2)(A)), by

striking ‘‘used only for—″’’ and inserting ‘‘used only for—’’;

(4) in section 17—

(A) in subsection (d)(5)(B)(ii) (50 U.S.C.

3517(d)(5)(B)(ii)), by adding a period at the end; and

(B) in subsection (e)(4) (50 U.S.C. 3517(e)(4)), by

striking ‘‘which oath affirmation, or affidavit’’ and inserting

‘‘which oath, affirmation, or affidavit’’; and

(5) in section 19(a)(2) (50 U.S.C. 3519(a)(2)), by striking

‘‘, as a participant’’ and inserting ‘‘as a participant’’.

(h) C

ENTRAL

NTELLIGENCE

GENCY

OLUNTARY

EPARATION

.—Section 2(a)(1) of the Central Intelligence Agency Vol-

untary Separation Pay Act (50 U.S.C. 3519a(a)(1)) is amended by

adding ‘‘and’’ at the end.

(i) N

ATIONAL

ECURITY

GENCY

CT OF

1959.—Section 16(d)(1)

of the National Security Agency Act of 1959 (50 U.S.C. 3614(d)(1))

is amended by striking ‘‘program participant,’’ and inserting ‘‘pro-

gram participant’’.

(j) I

NTELLIGENCE

UTHORIZATION

CT FOR

ISCAL

EAR

1995.—

Section 811(e)(7) of the Intelligence Authorization Act for Fiscal

Year 1995 (50 U.S.C. 3381(e)(7)) is amended by striking ‘‘sections

101 (a) and (b)’’ and inserting ‘‘subsections (a) and (b) of section

101’’.

(k) C

OORDINATION

ITH

THER

MENDMENTS

ADE BY

HIS

.—For purposes of applying amendments made by provisions

of this Act other than this section, the amendments made by this

Applicability.

50 USC 1902

note.

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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.

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) I

ENERAL

.—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) C

ONFORMING

MENDMENT

.—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 ‘‘A

PRIL 19

2024

’’.

Approved December 22, 2023.

50 USC 1801

note.

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