National Defense Authorization Act for Fiscal Year 2026

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2026.
This Act is organized into ten divisions as follows:
Division A—Department of Defense Authorizations.
Division B—Military Construction Authorizations.
Division C—Department of Energy National Security Authorizations and Other Authorizations.
Division D—Funding Tables.
Division E—Additional Provisions.
Division F—Intelligence Authorization Act for Fiscal Year 2026.
Division G—Department of State Matters.
Division H—Coast Guard Authorization Act of 2025.
Division I—ROAD to Housing Act.
Division J—Department of State Authorization Act for Fiscal Year 2026.
The table of contents for this Act is as follows:
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.
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.
Funds are hereby authorized to be appropriated for fiscal year 2026 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.
Section 112(a) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 7013 note; Public Law 118–31) is amended by inserting 2027, after fiscal years 2025,.
Beginning in fiscal year 2026, the Secretary of the Navy may enter into one or more contracts for the procurement of not more than five Columbia-class submarines.
A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2026 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
A contract for the construction of Columbia-class submarines entered into under subsection (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 limited to the total amount of funding obligated to the contract at the time of termination.
During fiscal years 2026 and 2027, the Secretary of the Navy may enter into one or more contracts for the procurement of not more than 15 Medium Landing Ships.
The ships authorized to be procured under paragraph (1) may be procured as additions to existing contracts covering the Medium Landing Ship program.
A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority (as defined in section 4251(e) of title 10, United States Code) for the Medium Landing Ship program:
The use of such a contract is consistent with the Department of the Navy’s projected force structure requirements for such ships.
The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts.
There is a reasonable expectation that throughout the contemplated contract period the Secretary of the Navy will request funding for the contract at the level required to avoid contract cancellation.
There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.
The estimates of the cost of the contract and the anticipated cost avoidance through the use of the contract are realistic.
During the fiscal year in which the contract is to be awarded—
sufficient funds will be available to perform the contract in such fiscal year; and
the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for such fiscal year will include the funding required to execute the program without cancellation.
The Secretary of the Navy may enter into one or more contracts for advance procurement associated with the ships for which authorization to enter into a contract is provided under subsection (a), and for systems and subsystems associated with such ships in economic order quantities when cost savings are achievable.
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 is subject to the availability of appropriations for that purpose for such fiscal year.
Section 130 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 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended—
in the section heading, by inserting ; recapitalization after barriers;
in subsection (a)—
by striking subsections (b) and (c) and inserting subsection (b); and
by striking through 2025 and inserting through 2026;
by striking subsection (b);
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;
in subsection (c), as so redesignated, by striking subsection (c)(2) and inserting subsection (b)(2); and
by adding at the end the following new subsection (d):
Not later than April 1, 2026, the Secretary of the Navy shall submit to the congressional defense committees a recapitalization plan to replace legacy waterborne security barriers for Navy ports.
The plan required by subparagraph (A) shall include the following:
A Navy requirements document that specifies key performance parameters and key system attributes for new waterborne security barriers for Navy ports.
A certification that the level of capability specified under clause (i) will exceed that of legacy waterborne security barriers for Navy ports.
The acquisition strategy for the recapitalization of waterborne security barriers for Navy ports, which shall meet or exceed the requirements specified under clause (i).
A certification that any contract for new waterborne security barriers for a Navy port will be awarded in accordance with the requirements for full and open competition set forth in sections 3201 through 3205 of title 10, United States Code.
The Secretary of the Navy shall implement the plan required by paragraph (1) by not later than September 30, 2027.
The table of contents in section 2(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, and at the beginning of title I of division A of such Act, are each amended by striking the item relating to section 130 and inserting the following new item:
Section 122 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3425) is repealed.
The Secretary of the Navy may not award a detail design or construction contract or other agreement, or obligate funds from a procurement account, for a covered program unless such contract or other agreement includes a requirement for an operational demonstration of not less than 720 continuous hours without preventative maintenance, corrective maintenance, emergent repair, or any other form of repair or maintenance, on any of the following:
The main propulsion system, including the fuel and lube oil systems.
The electrical generation and distribution system.
The Secretary of the Navy may not accept delivery of articles constructed under a contract or other agreement for a covered program until the Secretary certifies to the congressional defense committees that the operational demonstration described in subsection (b) has been successfully completed.
The Secretary of the Navy may not make contract financing payments for a contract or other agreement entered into for a covered program greater than 90 percent for small businesses and 80 percent for all other businesses until the certification described in subsection (c) is submitted.
In this section:
The term covered program means a program for—
medium unmanned surface vessels; or
large unmanned surface vessels.
The term operational demonstration means a land-based or sea-based test of the systems concerned in vessel-representative form, fit, and function.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Navy may be obligated or expended for the scope of work, including priced or unpriced options, for the construction, advance procurement, or long-lead material of any ships in the TAGOS surveillance towed-array sensor system ship program unless the Secretary of the Navy submits the report described in subsection (b) to the Committee on Armed Service of the Senate and the Committee on Armed Services of the House of Representatives not later than 90 days after the date of the enactment of this Act.
The Secretary of the Navy shall submit to the Committee on Armed Service of the Senate and the Committee on Armed Services of the House of Representatives a report on the following:
Progress made on basic and functional design completion for TAGOS surveillance towed-array sensor system ships and how compliance with section 8669c of title 10, United States Code, will be maintained.
The accuracy, timeliness, and completeness of the Navy’s provisioning of contract baseline design, general arrangement drawings, and other government-furnished information to the prime contractor for such ships.
The ability of the functional design of such ships to meet program requirements, including speed requirements.
The adherence of the Navy to performance-based requirements and the ability of the prime contractor for such ships to make design choices to meet those requirements, commensurate with its responsibility for cost and schedule in the contract structure.
Alternative solutions to meeting the general set of Navy requirements for anti-submarine warfare covered by such ships, including unmanned solutions.
The Secretary of the Navy shall submit with the defense budget materials for fiscal year 2027 (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 requirement under section 8062(b) of title 10, United States Code, to maintain 31 amphibious warfare ships.
The Secretary of Defense shall submit with the defense budget materials for fiscal year 2027 (as submitted to Congress in support of the budget of the President under section 1105(a) of title 31, United States Code) a certification as to whether such materials support the requirement under section 8062(b) of title 10, United States Code, to maintain 31 amphibious warfare ships.
If the Secretary of the Navy does not submit the 30-year shipbuilding plan described in subsection (a) as required by such subsection, not more than 75 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Administration and Service-Wide 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 such plan.
If the Secretary of Defense does not submit the certification described in subsection (a) as required by such subsection, or certifies that the materials described in such subsection do not support the requirement described in such subsection, not more than 75 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Office of the Secretary of Defense, Operation and Maintenance, Defense-Wide, may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees defense budget materials that support the requirement under section 8062(b) of title 10, United States Code, to maintain 31 amphibious warfare ships.
In this section, the term amphibious warfare ship has the meaning given that term in section 8062(h) of title 10, United States Code.
Section 8062(b) of title 10, United States Code, is amended—
by inserting (1) before The naval; and
by adding at the end the following new paragraph:
For purposes of this subsection, the term temporarily unavailable with respect to an amphibious warfare ship means that the ship has not surpassed its planned availability by a margin of—
greater than 100 percent of the nominal duration of that availability in 2026 or 2027;
greater than 75 percent of the nominal duration of that availability in 2028 or 2029;
greater than 50 percent of the nominal duration of that availability in 2030 or 2031; and
greater than 25 percent of the nominal duration of that availability in 2032 or any year thereafter.
Concurrent with the President’s annual budget request submitted to Congress under section 1105 of title 31, United States Code, for fiscal year 2027, 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 B–21 bomber aircraft program; and
the estimate, as of the date of such submission, for the program's average procurement unit cost, acquisition unit cost, and life-cycle costs.
The matrices described in this subsection are the following:
A matrix that identifies, in six-month increments, plans for and progress in achieving key milestones and events, and specific performance metric goals and actuals for the development, production, and sustainment of the B–21 bomber aircraft program, which shall be subdivided, at a minimum, according to the following:
Technology readiness levels of major components, and associated risks and key demonstration events through maturity (technology readiness level 7) for baseline and modernization efforts.
Engine design maturity, and plans and progress of engine test events.
Software development progress and related metrics, including—
percent of capabilities complete and system features complete; and
software quality metrics.
Manufacturing progress and related metrics for the prime contractor and key suppliers, including—
manufacturing readiness levels through level 8;
touch labor hours; and
scrap, rework, and repair.
System verification and key ground and flight test events for developmental and operational testing, including—
percent complete;
time on condition;
sorties; and
test points.
Aircraft reliability, availability, and maintainability metrics, including—
mean time to repair;
operational availability;
mission capable; and
cost per flying hour.
Operations and sustainment plans and progress, including—
main operating base setup;
training system deliveries;
depot maintenance; and
technology data packages.
A matrix expressing, in six-month increments, the total cost for the Air Force service cost position for the engineering and manufacturing development phase and production lots of the B–21 bomber aircraft, and a matrix expressing the total cost for the prime contractor’s estimate for such phase and production lots, each of which shall be phased over the entire engineering and manufacturing development period and subdivided according to the costs of the following:
Air vehicle.
Propulsion.
Mission systems.
Vehicle subsystems.
Air vehicle software.
Systems engineering.
Program management.
System test and evaluation.
Support and training systems.
Contract fee.
Engineering changes.
Direct mission support, including congressional general reductions.
Government testing.
Not later than 180 days after the date on which the Secretary of the Air Force submits the matrices required by subsection (a), concurrent with the submittal of each annual budget request to Congress under section 1105 of title 31, United States Code, thereafter, and not later than 180 days after each such submittal, the Secretary of the Air Force shall submit to the congressional defense committees and the Comptroller General updates to the matrices described in subsection (b).
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.
Not less frequently than annually, the Comptroller General shall—
review the sufficiency of each matrix received under this section; and
submit to the congressional defense committees an assessment of such matrix, including by identifying cost, schedule, or performance trends.
Section 238 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2067) is repealed.
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a comprehensive roadmap detailing the planned force structure, basing, modernization, and transition strategy for the bomber aircraft fleet of the Air Force through fiscal year 2040.
The roadmap required by subsection (a) shall include the following:
A detailed schedule and rationale for the planned divestment of B–1 bomber aircraft, including location-specific retirements, infrastructure disposition, and mitigation of any resulting capability gaps.
A transition plan for the operational fielding of B–21 bomber aircraft, including basing decisions, training and sustainment plans, operational concepts, and anticipated initial operational capability and full operational capability timelines.
A strategy for integrating units of the Air National Guard and the Air Force Reserve into B–21 bomber aircraft operations, including planned force structure, association, training, and mobilization models.
An update on—
modernization efforts for B–52 bomber aircraft, including engine replacement, radar upgrades, and digital integration efforts; and
the expected service life and mission profile of B–52 bomber aircraft through the 2050s.
A detailed timeline with key milestones for each of the elements described in paragraphs (1) through (4), including programmatic decision points, resourcing requirements, risk assessments, and coordination with other components of the Air Force Global Strike Command and the Air Combat Command.
The roadmap required by subsection (a) shall support a deliberate and balanced transition to a modernized, dual-capable bomber aircraft force that ensures long-range strike capacity, survivability, and deterrence in both nuclear and conventional mission sets, with a minimum of 100 B–21 bomber aircraft as directed by prior Acts of Congress.
The roadmap required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a comprehensive roadmap detailing the strategic plan for the development, acquisition, modernization, and integration of intelligence, surveillance, and reconnaissance (ISR) capabilities of the Air Force.
The roadmap required by subsection (a) shall include the following:
A strategic assessment of current (as of the date on which the roadmap is submitted) and projected intelligence, surveillance, and reconnaissance requirements for the Air Force across all domains, including air, space, and cyberspace.
An inventory of current (as of the date on which the roadmap is submitted) intelligence, surveillance, and reconnaissance platforms, sensors, and associated data-processing systems, including the mission capabilities, operational status, and expected service life for each.
A plan for the modernization or divestment of legacy airborne intelligence, surveillance, and reconnaissance systems, with justification for each decision.
A detailed outline of planned investments and capabilities in emerging intelligence, surveillance, and reconnaissance technologies, including—
artificial intelligence;
machine learning;
space-based intelligence, surveillance, and reconnaissance; and
autonomous or remotely piloted platforms.
An assessment of the integration of intelligence, surveillance, and reconnaissance data into command and control networks, including interoperability with joint, interagency, and allied partners.
A risk assessment identifying potential capability gaps, threats, and mitigation strategies.
A description of the roles and responsibilities of the components of the intelligence, surveillance, and reconnaissance effort of the Air Force in implementing the roadmap.
A proposed timeline and milestones for the implementation of the roadmap over the next ten fiscal years.
The roadmap required by subsection (a) shall be submitted in unclassified form, but shall include a classified annex.
Section 1527 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2223 note) is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection (c):
Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, and not less frequently than once each year thereafter through December 31, 2032, the Secretary shall submit to the appropriate congressional committees an annual report on the implementation of the strategy.
The Secretary of Defense shall develop a plan to establish an open mission systems computing environment that is controlled by the Federal Government on the F–35 aircraft of the Department of Defense.
The plan required under subsection (a) shall do the following:
Enable the portability of software applications between the F–35 aircraft, the F–22 aircraft, and the Next Generation Air Dominance initiative of the Air Force.
Enable the integration of new open mission system software, or changes to existing open mission system software, with minimal integration work required by the prime contractor of the air vehicle.
Eliminate or minimize aircraft airworthiness impacts due to software changes within the open mission systems computing environment.
Enable the rapid upgrade of onboard processors.
Leverage a Federal Government reference architecture.
Ensure control by the Federal Government over the airworthiness and security processes, as well as ownership by the Federal Government of the open mission system technical documentation and data rights.
Be capable of connection to all relevant aircraft apertures sufficient to meet current and future combat requirements, including cockpit connectivity via ethernet.
Leverage modern commercial software languages and techniques necessary to support reliable, high-throughput, and low-latency use-cases.
Be applicable across all blocks and variants of the F–35 aircraft.
Not later than July 1, 2026, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the plan required under subsection (a).
The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
Section 9062(l)(1) of title 10, United States Code, is amended—
in the matter preceding subparagraph (A), by striking September 30, 2029 and inserting September 30, 2027; and
in subparagraph (A), by striking 68 F–15E aircraft and inserting 34 F–15E aircraft.
Section 150 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1812) is amended—
by striking subsection (a);
by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; and
in the section heading, by striking Prohibition on retirement of F–15E aircraft and.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to retire, prepare to retire, or otherwise divest A–10 aircraft to an inventory level below 103.
The Secretary of the Air Force may waive the prohibition under subsection (a) with respect to a specific unit if—
the Secretary submits to the congressional defense committees a written certification that a detailed recapitalization plan has been developed for the affected unit, including follow on mission assignments, aircraft reallocation, personnel adjustments, and community impact mitigation; and
a period of 30 days has elapsed following the date of such submission.
In this section:
The term A–10 aircraft means any aircraft of the Air Force designated A–10 Thunderbolt II.
The term retire includes the permanent removal of an aircraft from the operational inventory, reassignment to storage, or placement into backup aircraft inventory or excess status.
Section 9062(m)(1) of title 10, United States Code, is amended, in the matter preceding subparagraph (A), by striking September 30, 2029 and inserting September 30, 2030.
Notwithstanding any limit on primary mission aircraft inventory established before the date of the enactment of this Act, Secretary of the Air Force shall retain operational KC–135 Stratotankers as primary mission aircraft inventory as such aircraft are replaced by KC–46 aircraft in order to meet air refueling requirements of the Air Force and the United States Transportation Command.
The Secretary of the Air Force shall reassign KC–135 Stratotankers that are retained as primary mission aircraft inventory and replaced by KC–46 aircraft to Air Refueling Wings that have the capacity to expand their primary mission aircraft inventory fleet of KC–135 Stratotankers.
The Secretary of the Air Force shall reassign KC–135 Stratotankers under paragraph (1) based on the ability of an Air Refueling Wing to—
man the additional aircraft; and
support pilot training requirements.
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), as most recently amended by section 145(a) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1810 ), is further amended by striking 2025 and inserting 2028.
Section 146(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2455), as most recently amended by section 145(b) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1810), is further amended by striking 2025 and inserting 2028.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter through fiscal year 2028, the Secretary of the Air Force shall submit to the congressional defense committees a report detailing the following:
The total number and variant types of C–130 aircraft in the inventory of the Air Force.
Any planned retirements, divestments, or reductions to the fleet of such aircraft.
Modernization and recapitalization efforts, including block upgrades and procurement schedules.
Planned basing actions for fielding C–130J aircraft to recapitalize C–130H aircraft.
The Secretary of Defense shall solicit from industry information on acquiring services of an airplane that—
is, as of June 2025, under development as a civilian aircraft;
would be capable of carrying space launch vehicles and other Department of Defense articles not more than 300 feet long that cannot be or, as of June 2025, are not readily transported in an airplane due to cargo dimensions;
could enter service not later than December 31, 2035;
could provide and supplement large and oversized fixed wing air cargo transportation services to support the readiness and logistical needs of the Department by December 31, 2035, and thereafter; and
could provide to the Department at least 2,000 hours and not more than 7,500 hours of airplane time for at least two and not more than five years beginning when such airplane could enter service.
Not later than April 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the solicitation required by subsection (a).
Subsection (d)(1) of section 133 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1574), as most recently amended by section 146 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1810), is further amended by striking September 30, 2026 and inserting September 30, 2030.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Air Force may be obligated or expended to 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 for such aircraft below 16.
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 for E–3 aircraft to below 16, beginning 30 days after the date on which the plan is so submitted.
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 for E–3 aircraft to below 16 after the date on which such E–7 Wedgetail aircraft are delivered.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.
For fiscal year 2026 and each fiscal year thereafter, the Secretary of Defense shall ensure that all funding opportunities executed in Program Element 0601228D8Z, or successor program element, shall include separate funding solicitations each focused toward—
Historically Black Colleges and Universities and Tribal Colleges and Universities; and
Minority-Serving Institutions that are not described in paragraph (1).
In this section:
The term Historically Black College or University has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
The term Minority-Serving Institution means an eligible institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
The term Tribal College or University has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
Chapter 305 of title 10, United States Code, is amended by adding at the end the following new section:
The Secretary of Defense and the Secretaries of the military departments shall jointly carry out a program to demonstrate methods for the more effective development of technology and management of functions at eligible centers.
For purposes of the program, the eligible centers are—
the science and technology reinvention laboratories, as designated by section 4121(b) of this title;
the test and evaluation centers which are activities specified as part of the Major Range and Test Facility Base in Department of Defense Directive 3200.11;
the Defense Advanced Research Projects Agency;
the Defense Innovation Unit;
the Strategic Capabilities Office (SCO); and
the Office of Strategic Capital.
Subject to paragraph (2), the head of each eligible center shall submit to the Assistant Secretary concerned a proposal on, and implement, alternative and innovative methods of effective management and operations of eligible centers, rapid project delivery, support, experimentation, prototyping, and partnership with universities and private sector entities—
to generate greater value and efficiencies in research and development activities;
to enable more efficient and effective operations of supporting activities, such as—
facility management, construction, and repair;
business operations;
personnel management policies and practices; and
intramural and public outreach; and
to enable more rapid deployment of warfighter capabilities.
The head of an eligible center described in paragraph (1) or (2) of subsection (b) shall implement each method proposed under paragraph (1) of this subsection unless such method is disapproved in writing by the Assistant Secretary concerned within 60 days of receiving a proposal from an eligible center.
The Director of the Defense Advanced Research Projects Agency, the Defense Innovation Unit, the Strategic Capabilities Office and the Office of Strategic Capital shall implement each method proposed under paragraph (1) unless such method is disapproved in writing by the Deputy Secretary of Defense within 60 days of receiving a proposal from the Director.
In this paragraph, the term Assistant Secretary concerned means—
the Assistant Secretary of the Air Force for Acquisition, with respect to matters concerning the Air Force;
the Assistant Secretary of the Army for Acquisition, Technology, and Logistics, with respect to matters concerning the Army; and
the Assistant Secretary of the Navy for Research, Development, and Acquisition, with respect to matters concerning the Navy.
The head of an eligible center may waive any regulation, restriction, requirement, guidance, policy, procedure, or departmental instruction that would affect the implementation of a method proposed under subsection (c)(1), unless such implementation would be prohibited by a provision of a Federal statute or common law.
Section 233 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4141 note prec.) is repealed.
Section 232(e) 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. 4091 note prec.) is amended by striking September 30, 2025 and inserting September 30, 2030.
None of the funds authorized to be appropriated by this Act may be obligated or expended for the autonomy baseline manager or the common control system of the Navy unless—
the Secretary of the Navy submits to the congressional defense committees—
the original baseline schedule of key capability deliverables and the current schedule as of the date of submission;
the original cost estimate and the current cost estimate as of the date of submission, including the total funding received for the program;
all reports of test and experimentation events, including a comparison of performance to alternative industry capabilities;
the unaltered assessment of the Defense Innovation Unit on a market assessment of industry capabilities compared to the capabilities of the autonomy baseline manager and the common control system of the Navy; and
an assessment that the program is delivering new capabilities at a pace and quality that meets or exceeds industry capabilities; and
the Chief of Naval Operations validates to the congressional defense committees that the program meets operational user needs of the Navy.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, Defense-wide, and available to the Office of the Under Secretary of Defense for Research and Engineering for travel purposes, not more than 80 percent may be obligated or expended until the date on which the Under Secretary submits to the congressional defense committees the report required by section 245(d) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159).
Beginning on January 1, 2027, a covered institution may not enter into a contract with a covered nation or a foreign entity of concern.
Subject to the provisions of this subsection and subsection (c), the Secretary of Defense may, or their designee, pursuant to a request submitted under paragraph (2) of this subsection, issue a waiver of the prohibition set forth in subsection (a).
A covered institution that desires to enter into a contract with a foreign entity of concern or a covered nation may submit to the Secretary of Defense, not later than 120 days before the institution enters into such a contract, a request to waive the prohibition set forth in subsection (a) with respect to such contract.
A waiver request submitted by a covered institution under clause (i) shall include—
the complete and unredacted text of the proposed contract for which the waiver is being requested, and if such original contract is not in English, a translated copy of the text into English (in a manner that complies with subsection (e)); and
a statement that—
is signed by the President or compliance officer of the institution designated in accordance with subsection (f); and
includes information that demonstrates that such contract is for the benefit of the institution’s mission and students and will promote the security, stability, and economic vitality of the United States.
A covered institution that has entered into a contract pursuant to a waiver issued under this section, the term of which is longer than the 1-year waiver period and the terms and conditions of which remain the same as the proposed contract submitted as part of the request for such waiver, may submit, not later than 120 days before the expiration of such waiver period, a request for a renewal of such waiver for the remainder of the contract term, but not to exceed a 4-year period (which shall include any information requested by the Secretary).
If a covered institution fails to submit a request under clause (i) or is not granted a renewal under such clause, such institution shall terminate such contract on the last day of the original 1-year waiver period.
The Secretary of Defense—
not later than 60 days before a covered institution enters into a contract pursuant to a waiver request under paragraph (2)(A), or before a contract described in paragraph (2)(B)(i) is renewed pursuant to a renewal request under such paragraph, shall notify the covered institution—
if the waiver or renewal will be issued by the Secretary; and
in a case in which the waiver or renewal will be issued, the date on which the 1-year waiver period starts;
may only issue a waiver under this subsection to a covered institution if the Secretary of Defense determines that the contract for which the waiver is being requested will both—
benefit the institution’s mission and students; and
promote the security, stability, and economic vitality of the United States; and
shall, when making the determination described in subparagraph (B)(ii), base such determination on the following factors:
The reasons for which the foreign entity of concern or covered nation has been so designated, and why those reasons do not apply to the contract for which waiver is being sought.
The foreign entity of concern or covered nation’s history of involvement with covered institutions.
The degree to which such a contract could provide access to information or technology which could materially benefit the national security of a covered nation or harm the national security of the United States.
Not later than 15 calendar days prior to issuing a waiver under this subsection, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notice of the intent of the Secretary to issue such waiver together with a justification for such waiver.
A waiver issued under this subsection to a covered institution with respect to a contract shall only—
waive the prohibition under subsection (a) for a 1-year period, or for the remainder of the term of the contract, but not to exceed 4 years; and
apply to the terms and conditions of the proposed contract submitted as part of the request for such waiver.
In the case of a covered institution that entered into contract with a covered nation or foreign entity of concern prior to January 1, 2027, and which contract remains in effect on such date, the Secretary shall notify the congressional defense committees within 90 days of enactment of this Act.
A covered institution that has entered into a contract described in paragraph (1), the term of which is longer than the waiver period described in subparagraph (B) of such paragraph and the terms and conditions of which remain the same as the contract submitted as part of the request required under subparagraph (A) of such paragraph, may submit a request for renewal of the waiver issued under such paragraph in accordance with subsection (c)(2)(B).
In the case of a covered institution that enters into a contract with a foreign source that is not a covered nation or a foreign entity of concern but which, during the term of such contract, is redesignated as a covered nation or foreign entity of concern, such institution shall terminate such contract not later than 120 days after the Secretary notifies the covered institution of such designation or immediately requests a waiver.
Any information required to be disclosed under this section with respect to a contract that is not in English shall be translated, for purposes of such disclosure, by a person that is not an affiliated entity or agent of the covered nation or foreign entity of concern involved with such contract.
Each covered institution applying for a waiver under subsection (c), shall identify a compliance officer, who shall—
be a current employee or legally authorized agent of such institution; and
be responsible, on behalf of such institution, for personally certifying—
compliance with the prohibition under this section; and
the truth and accuracy of any information contained in such a waiver request.
Section 1286(f) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232;10 U.S.C. 4001 note) is amended—
in paragraph (1), by striking and on the periodic reviews conducted pursuant to subsection (e) and inserting , on the periodic reviews conducted pursuant to subsection (e), and the waivers issued under section 216 of the National Defense Authorization Act for Fiscal Year 2026; and
in paragraph (2), by adding at the end the following new subparagraph:
With respect to waivers described in paragraph (1), the following:
The terms and contents of any waivers issued under section 216 of the National Defense Authorization Act for Fiscal Year 2026 in the period covered by the report;
any trends in—
the number of waivers issued under such section over time; and
the types of contracts to which such waivers pertain; and
the processes used by the Secretary to verify that covered institutions (as defined in such section) are in compliance with the requirements of such section.
In this section:
Except as provided in subparagraph (B), the term contract means—
any agreement or memorandum of understanding for the acquisition, by purchase, lease, or barter, of property or services by or from a covered nation or foreign entity of concern; or
any affiliation, agreement, or similar transaction with a covered nation or foreign entity of concern that involves the use or exchange of the name, likeness, time, services, or resources of a covered institution.
The term contract does not include—
an agreement solely or primarily for the purposes of conducting a study-abroad program wherein students at covered institutions in the United States travel to a covered nation to study;
an arms-length agreement for the acquisition by purchase, lease, or barter of property or services for the covered institution from a foreign entity of concern; or
an agreement pertaining to a pre-existing campus or other satellite facility of a covered institution located in a covered nation or a joint facility of a covered institution and another entity located in a covered nation, unless that facility could provide access to information or technology which could materially benefit the national security of a covered nation or harm the national security of the United States.
The term covered institution means an institution of higher education that conducts research funded by the Department of Defense.
The term covered nation has the meaning given that term in section 4872(d) of title 10, United States Code.
The term foreign entity of concern means any person or entity—
listed on the Department of Commerce's Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations), or successor list;
included in the list of Chinese military companies operating in the United States most recently submitted under section 1260H(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 115–283;10 U.S.C. 113 note); or
identified on the list published under section 1286(c)(9)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232;10 U.S.C. 4001 note).
The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
The Secretary shall carry out a demonstration of a joint multi-domain kinetic and non-kinetic testing and training environment across military departments by interconnecting existing ranges and training sites in the western States to improve joint multi-domain training and further testing, research, and development.
The demonstration carried out pursuant to subsection (a) shall use existing ranges and range capability, unless capability gaps are identified in the process of planning specific demonstration activities.
The demonstration carried out pursuant to subsection (a) shall include the following:
Electromagnetic spectrum operations.
Electromagnetic warfare.
Operations that blend kinetic and non-kinetic effects.
Operations in the information environment.
Joint All Domain Command and Control (JADC2).
Information warfare, including the following:
Intelligence, surveillance, and reconnaissance.
Offensive and defense cyber operations.
Electromagnetic warfare.
Space operations.
Psychological operations.
Public affairs.
Weather operations.
In carrying out subsection (a), the Secretary shall seek to complete an initial demonstration, interconnecting two or more ranges or testing sites of two or more military departments in the western States, subject to availability of appropriations, not later than one year after the date of the enactment of this Act.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on—
a phased implementation plan and design to connect ranges and testing sites in the western States, including the initial demonstration required by subsection (d);
how the design architecture of the plan is in alignment with recommendations of the 2020 Department of Defense Electromagnetic Spectrum Superiority Strategy; and
how the design architecture will support high-periodicity training, testing, research, and development.
In this section:
The term information environment means the aggregate of individuals, organizations, and systems that collect, process, and disseminate, or act on information.
The term Secretary means the Secretary of Defense.
This section shall terminate on September 30, 2028.
Section 228(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4571 note) is amended—
in paragraph (1)(A), by striking the Nevada Test and Training Range, Restricted Area 2508, Warning Area 151/470, Warning Area 386, and the Joint Pacific Alaska Range Complex and inserting military special use airspace including all prohibited areas, restricted areas, warning areas, and military operational areas;
in paragraph (2), in the matter before subparagraph (A), by striking training, and large-scale exercises. and inserting regular training, and large-scale exercises. Under such processes, approval of Link 16 operations shall be presumed and denial of Link 16 operations shall be accompanied with substantiated evidence demonstrating compromise of safety due to electromagnetic interference.; and
in paragraph (5), by inserting regular before training.
The Secretary of the Army shall carry out a program to support the maturation and expansion of robotic automation capabilities for munitions manufacturing at government-owned, contractor-operated production facilities.
The objectives of the program under subsection (a) shall include the following:
The design and integration of inherently safe, scalable robotic load, assemble, and pack (LAP) systems for munitions production.
The demonstration of increased throughput and production capacity, while reducing manual handling of energetic materials.
The development of cyber-hardened data infrastructure for secure integration of factory-floor operations with enterprise systems.
Support for workforce upskilling and training in robotics, automation, and advanced manufacturing technologies.
The evaluation of applicability across multiple munition types and organic industrial base sites.
In carrying out the program under subsection (a), the Secretary of the Army shall coordinate with the Joint Program Executive Office Armaments and Ammunition and other relevant components of the Department of the Army.
Not later than March 1, 2026, the Secretary of Defense shall provide the congressional defense committees a briefing on the program carried out under subsection (a). Such briefing shall cover—
the progress made under the program;
lessons learned; and
recommendations for the wider adoption of robotic automation technologies within the defense industrial base.
The Secretary of Defense shall establish one or more dual-use advanced manufacturing hubs that co-locate and share resources among public and private stakeholders from industry, academia, government, nongovernment agencies, and workforce and economic development resources. The hub or hubs should span the full spectrum of advanced manufacturing capabilities and cover the full development timeline between prototyping and fielding.
A hub established under subsection (a) shall—
utilize, to the maximum extent possible, the Department of Defense Manufacturing Innovation Institutes (MII) and encourage the MIIs to coordinate efforts in a joint manner;
provide shared advanced manufacturing infrastructure and equipment, such as high-speed metal printers and material testing laboratories;
establish a process to provide advanced manufacturing capability, including on shared classified space as needed;
utilize, to the maximum extent possible, the Defense Logistics Agency’s Joint Additive Manufacturing Model Exchange (JAMMEX) as a central data repository for technical data packages for advanced manufacturing;
build on the Defense Innovation Unit’s Blue Manufacturing Initiative and Blue Manufacturing Marketplace to match hardware and software manufacturers in defense technology with advanced manufacturing providers; and
meet annual production benchmarks for defense applications.
Not later than September 30, 2026, the Under Secretary of Defense shall submit to the congressional defense committees a recommendation for the appropriate number of regional hubs to be established under subsection (a) for the Department of Defense to meet its sustainment needs and such requirements, specifications, and capabilities as the regional hubs may require.
Not later than December 31, 2027, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall aim to qualify and approve for manufacturing and delivery not fewer than 1,000,000 parts or components of the Department of Defense that use advanced manufacturing techniques, with funding subject to the availability of appropriations or other funds. In doing so, the Secretary shall ensure that expedited processes for adoption of advanced manufacturing products are utilized across the components of the Department of Defense and lifecycle phases for new and existing systems.
Not later than September 30, 2026, the Secretary of Defense shall carry out a program to certify new materials and processes to manufacture 25 to100 percent of the parts of one of each type of the following unmanned aerial system (UAS) categories using advanced or additive manufacturing techniques:
Small unmanned aerial systems used as tactical loitering munitions.
Small unmanned aerial systems used for surveillance and reconnaissance missions.
Small unmanned aerial systems used for logistics missions.
Not later than September 30, 2026, the Under Secretary of Defense for Acquisition and Sustainment shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Secretaries of the military departments, carry out a program to produce replacement parts for military systems with diminishing manufacturing sources and material shortages using advanced or additive manufacturing techniques.
In carrying out the program required by paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall select not less than five parts for test, evaluation, and certification under the program.
In carrying out the program required by paragraph (1), the Under Secretary shall use additive manufacturing techniques to manufacture the parts selected pursuant to paragraph (2) and then test and evaluate the manufactured parts.
Evaluation under subparagraph (A) shall be based on performance rather than specifications.
In carrying out the program required by paragraph (1), the Under Secretary shall share test data across all military departments and establish mechanisms for data reciprocity for test and evaluation results for additively manufactured parts across all military departments.
The Under Secretary shall, in coordination with the Secretaries of the military departments, make a list of all parts for military systems with diminishing manufacturing sources and material shortages.
The Under Secretary shall, in coordination with the Secretaries of the military departments, create new licensing agreements with owners of intellectual property for the platforms with parts included in the list required by paragraph (5) that allow additive manufacture of the parts.
The Under Secretary of Defense for Acquisition and Sustainment shall carry out a program across all military departments to additively manufacture three commonly used metal parts of each military department, such as titanium, stainless steel, and aluminum.
Not later than September 30, 2026, the Under Secretary shall—
complete an assessment to determine how to additively manufacture 10 metal parts of each military department, with a preference for parts that require long lead times to manufacture or have sole-source suppliers; and
submit to the congressional defense committees a report on the findings of the Under Secretary with respect to the assessment completed under subparagraph (A).
The Under Secretary of Defense for Acquisition and Sustainment shall, in coordination with the Secretary of the Army and the Director of the Defense Logistics Agency—
identify sustainment vulnerabilities in the ground equipment supply chain of the Army, including at the manufacturing arsenals and maintenance depots of the Army that comprise the Organic Industrial Base, where additive manufacturing could be used to repair, upgrade, or modernize ground combat systems;
choose not less than five parts that have long lead times for fabricating the greatest degree of customized specifications or have the most limited quantity in inventory and additively manufacture replacement parts for them;
create a critical parts list identifying parts and components across ground combat systems with long lead times eligible to be additively manufactured; and
develop plans, in coordination with Army Development Command, to integrate additive manufacturing techniques and technologies in the design, production, and sustainment of next-generation combat vehicles and their technologies. The developed technologies should prioritize interoperability across military platforms and integration with other military services.
Section 4842(b)(1) of title 10, United States Code, is amended by striking The Chair of and all that follows through programs. and inserting the following: The Panel shall be co-chaired by the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering..
The Joint Additive Manufacturing Working Group shall be co-chaired by the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering.
Section 223 of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 4841 note) is amended—
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection (c):
The Consortium shall be co-chaired by the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering.
Not later than September 30, 2026, the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, in consultation with the Secretaries of the military departments, shall—
develop guidance to incorporate innovations in advanced manufacturing in such a way that the Department of Defense can better and faster deliver capabilities, sustain operations, and protect the warfighter with the latest technology while still ensuring quality, reliability, and compatibility;
update Department of Defense Instruction 5000.93 (relating to use of additive manufacturing in the Department of Defense) dated June 10, 2021, to waive the requirement to maintain records of all additively produced end-items put into operational use where the additively produced part meets or exceeds performance of the traditionally manufactured end-item;
create a manual in accordance with such instruction that gets at the technical standards required to qualify parts, components, or products that use advanced manufacturing technologies and techniques; and
not later than March 1, 2026, provide the Committees on Armed Services of the Senate and the House of Representatives a briefing on plans to update the guidance developed under subparagraph (A) and the updates made under subparagraph (B).
In carrying out paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering shall consider the 2016 Department of Defense Additive Manufacturing Roadmap, the 2021 Department of Defense Additive Manufacturing Strategy, the 2022 National Strategy for Advanced Manufacturing, and Department of Defense Instruction 5000.93.
The Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering shall ensure that the guidance on the use of advanced manufacturing required by paragraph (1)(A)—
aligns with Department of Defense acquisition to prioritize flexibility, interoperability, and domestic sourcing; and
requires the Department to prefer United States manufacturers and equipment and document a justification whenever the Department uses a foreign source; and
requires the Department to partner with and direct funds to the Department’s Manufacturing Innovation Institutes whenever feasible.
The guidance required by paragraph (1)(A) shall include guidance for all types of advanced manufacturing, including the following:
Additive manufacturing.
Advanced materials.
Advanced composite materials.
Robotics and automation.
Laser, machining, and welding.
Nanotechnology.
Network and information technology integration.
The guidance required by subparagraph (A) of paragraph (1) shall utilize expedited qualification and testing procedures established in section 865 of the National Defense Authorization Act for Fiscal Year 2025 and result in a manual under subparagraph (C) of such paragraph to establish standardized processes to qualify parts and components produced by advanced manufacturing techniques and technologies based on performance, rather than specifications for testing and evaluation.
The process described in clause (i) shall include a methodology for standardizing technical production specifications, testing processes, and data reciprocity to share and accept test results of the same additively manufactured parts across all military departments.
The process described in clause (i) shall include test and evaluation results that facilitate data reciprocity across military departments, removing the need for each military department to independently validate the same parts another military department has already validated.
The manual shall include steps to allow for streamlined incremental qualification, rather than complete requalification, when the design and manufacturing process incorporates changes.
The process described in clause (i) shall explore the option for third-party, external certification for companies that cannot afford or do not have the in-house expertise to do this on their own but have the technology that the Department needs.
The guidance required by paragraph (1)(A) and the manual required by paragraph (1)(C)—
shall cover requirements for development, test, and evaluation of the material properties of advanced materials and advanced composite materials used in advanced manufacturing, including metals, polymers, ceramics, composites, and hybrid metals;
should include how to incorporate integrated computational materials engineering to predict the material properties and the distribution of those properties in additively manufactured parts and scale-up additive manufacturing; and
shall include a list of recommendations for the types of amounts of critical metals to stockpile for the Department’s use in additive manufacturing, which should be accessible to users of the Defense Logistics Agency’s Joint Additive Manufacturing Model Exchange (JAMMEX).
The guidance required by paragraph (1)(A) and the manual required by paragraph (1)(C) shall include cybersecurity standards and guidelines for advanced manufacturing developed in consultation with the Chief Information Officer.
The guidance and manual should address the unique challenges that advanced manufacturing poses to Department information networks.
The guidance and manual shall include matters relating to cybersecurity compliance.
The guidance and manual shall call for periodic security and compliance reviews.
The guidance and manual required by paragraph (1)—
shall include software-driven, artificial intelligence-enabled modeling and simulation techniques for design, development, test, and evaluation to the maximum extent possible; and
should include integrating modeling and simulation at every level, from enterprise to individual operation, including utilizing digital engineering.
The guidance required by paragraph (1)(A) and the manual required by paragraph (1)(C) shall include processes and contracting mechanisms to protect and manage intellectual property.
The processes and contracting mechanisms described in clause (i) shall be designed to incentivize innovation while allowing the Department to additively manufacture parts and products for military systems at scale and on demand in case of contingency or crisis. This can include new licensing agreements with terms and conditions that allow for innovative intellectual property strategies.
The guidance and manual shall include considerations to incorporate the Defense Logistics Agency’s Joint Additive Manufacturing Model Exchange (JAMMEX).
The guidance required by paragraph (1)(A) and the manual required by paragraph (1)(C) shall include processes, materials, and technologies to ensure continuous quality control throughout the entire manufacturing process and post-production.
The guidance and manual shall incorporate the process window qualification methodology, which is designed to be machine-agnostic, or independent of specific machine brands or software providers, as well as the following:
Real-time process monitoring leveraging machine sensors and software analytics to detect and instantly mitigate deviations prevents defects and unauthorized parameter changes.
Integration of machine learning algorithms that analyze production data in real-time allows the identification of anomalies indicative of potential quality or security threats, enabling proactive mitigation.
Software-defined quality assurance protocols enforce standardized, repeatable verification processes, greatly improving reliability and simplifying security audits.
The guidance required by paragraph (1) shall include a plan that includes phasing and funding requirements to proliferate advanced manufacturing technologies and techniques across the entire Department, at the enterprise level to tactical operational units. This guidance shall—
identify end-user access and operational needs for advanced manufacturing and associated resourcing, infrastructure, and basing requirements;
establish logistics models for production of additively manufactured parts in the continental United States and at forward operating locations;
improve supply chain risk management; and
stimulate supply chain agility within the Department.
The guidance required by paragraph (1)(A) shall include training program requirements, phasing, and sequencing to ensure each warfighter is equipped with the knowledge and skills to use advanced manufacturing techniques and technologies efficiently and safely. The guidance shall—
outline which military occupational specialty career fields to train in advanced manufacturing equipment, techniques, and procedures with each military service and the degree of proficiency and training time required;
explore partnerships to establish apprenticeships and skilled technician training pipelines to support Department of Defense research and development programs and programs of record; and
consider creating new initiatives within existing transition assistance programs to create pathways for members of the Armed Forces to receive the training necessary to adapt their military skills to civilian jobs in advanced manufacturing.
The manual created under paragraph (1)(C) shall be a service-agnostic, vendor-agnostic manual on advanced manufacturing techniques and technologies for the Department of Defense—
to standardize across the military departments the technical parameters for manufacturing parts and products using advanced manufacturing techniques;
to outline the categories and levels of risk associated with such parts and products, including distinguishing between safety-critical and non-safety-critical parts and providing expedited approvals for low-risk parts through standardized material datasets and pre-qualified manufacturing protocols;
to lay out the processes for qualification and certification across categories of such parts and products;
to establish data reciprocity for test and evaluation data across all military departments with respect to qualifying such parts and products;
to utilize the Defense Logistics Agency’s Joint Additive Manufacturing Model Exchange (JAMMEX) as the central data repository for technical data packages for advanced manufacturing; and
to incorporate new proposed qualification approaches proposed by industry consortiums, Manufacturing Innovation Institutes, and Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs.
The Secretary shall ensure that the guidance required by paragraph (1)(A) goes into effect in fiscal year 2026 by providing guidance with respect to the top three essential metals each military department needs to maintain its operational platforms.
The Secretary shall ensure that the guidance required by paragraph (1)(A) goes into effect not later than January 1, 2027, for all essential metals not covered by subparagraph (A).
In this subsection, the term advanced manufacturing means a manufacturing process using the following:
Additive manufacturing.
Wire-arc additive manufacturing.
Powder bed fusion manufacturing.
Other manufacturing capabilities similar to those listed in subparagraphs (A) through (C).
Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2026 may be obligated or expended to award a grant or contract to an institution of higher education for the specific purposes of conducting fundamental research in collaboration with a covered entity.
The Assistant Secretary of Defense for Science and Technology may waive the limitation under subsection (a), on a case-by-case basis, with respect to an individual grant or contract for an institution of higher education if the Assistant Secretary determines that such a waiver is in the national security interests of the United States.
Not later than 30 days after the date on which an award is made by the Department of Defense involving an institution of higher education with respect to which a waiver is made under paragraph (1), the Assistant Secretary of Defense for Science and Technology shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of such waiver.
On an annual basis, as a classified or controlled unclassified information annex to the annual report required by section 1286(f) of the John S McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report annex on the compliance of the Department of Defense and institutions of higher education with the requirements of this section.
Each report annex submitted pursuant to paragraph (1) shall include, for each waiver issued under subsection (b) during the period covered by the report—
a justification for the waiver; and
a detailed description of the type and extent of any collaboration between an institution of higher education and a covered entity allowed pursuant to the waiver, including identification of the institution of higher education and the covered entities involved, the type of technology involved, the duration of the collaboration, and terms and conditions on intellectual property assignment, as applicable, under the collaboration agreement.
In this section:
The term collaboration means coordinated activity between an institution of higher education and a covered entity and includes—
sharing of research facilities, resources, or data;
sharing of technical know-how;
any financial or in-kind contribution intended to produce a research product;
sponsorship or facilitation of research fellowships, visas, or residence permits;
joint ventures, partnerships, or other formalized agreements for the purpose of conducting research or sharing resources, data, or technology;
inclusion of researchers as consultants, advisors, or members of advisory or review boards; and
such other activities as may be determined by the Secretary of Defense.
The term covered entity—
means an academic institution that is included in the most recently updated list developed pursuant to 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note); and
includes any individual employed by such an academic institution.
The term fundamental research has the meaning given that term in National Security Decision Directive-189 (NSSD-189), National Policy on the Transfer of Scientific, Technical and Engineering Information, dated September 21, 1985, or any successor document.
The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) and includes—
any department, program, project, faculty, researcher, or other individual, entity, or activity of such institution; and
any branch of such institution within or outside the United States.
Not later than January 1, 2027, the Secretary of the Army shall establish a soldier-inspired innovation program—
that creates partnerships between operational units of the Army and leading national research universities to provide a unique platform for university-based researchers and small businesses to collaborate directly with soldiers on cutting-edge applied research and development; and
to integrate soldiers into the early-stage problem identification process and include them in the solution development process to ensure technical solutions are meeting soldier needs and enhancing lethality.
The program established pursuant to subsection (a) shall be known as the Catalyst Pathfinder Program (in this section the Program).
In carrying out the Program, the Secretary shall—
establish activities at all active-duty divisions of the Army to accelerate the incorporation of soldier insights into capability development;
establish policies that streamline collaboration between soldiers, Army Futures Command, and academic institutions;
establish a governance board that includes representatives from the research, development, test, and evaluation, acquisition, requirements, industry, and academic communities;
promote transition of successful Program projects to Army programs; and
implement an adaptive experimentation force capability to support technology experimentation activities throughout the solution development cycle
The Program shall be treated as a research, development, test, and evaluation activity in the Army’s input to the Future Year Defense Program.
Section 217(c)(1) 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, in the matter before subparagraph (A), by striking December 1, 2025 and inserting December 1, 2030.
To assess impact effectiveness and increase the cadence of testing and training for long-range and hypersonic systems, the Secretary of Defense shall, acting through the Under Secretary of Defense for Research and Engineering and the Director of the Test Resource Management Center and in consultation with requirements owners of long-range and hypersonic systems of the Armed Forces, evaluate—
the comparative advantages of episodic and permanent special activity airspace designated by the Federal Aviation Administration for use by the Department of Defense suitable for the test and training of long-range and hypersonic systems; and
requirements for continental test ranges, including—
attributes, including live, virtual, and constructive capabilities;
scheduling and availability;
safety;
end strength;
facilities, infrastructure, radar, and related systems;
launch locations including—
Bearpaw Air Traffic Control Assigned Airspace, Montana;
Mountain Home Range Complex, Idaho;
Fallon Range Training Complex, Nevada;
Utah Test and Training Range, Utah;
Nevada Test and Training Range, Nevada;
Green River Test Complex, Utah; and
White Sands Missile Range, New Mexico;
impact areas within the White Sands Missile Range, New Mexico; and
such other characteristics as the Secretary considers appropriate.
Not later than December 1, 2026, the Secretary shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the findings of the Secretary with respect to the evaluation conducted pursuant to subsection (a), including an assessment of the completion date.
In this section:
The term impact area means the point at which a test terminates.
The term launch location means the point from which a test is initiated.
Chapter 9 of title 10, United States Code, is amended by redesignating the section 222e that was added by section 211 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) as section 222f.
The Director of Operational Test and Evaluation shall include in the annual report required by section 139(h) of title 10, United States Code, an assessment of the operational and live fire test and evaluation activities for—
Golden Dome software development;
the Joint Fires Network; and
the Cryptographic Modernization Program.
For any effort under subsection (a) assigned to the software acquisition pathway pursuant to section 3603 of title 10, United States Code, the Director of Operational Test and Evaluation shall assess the effort in accordance with the alternative test and evaluation pathway established in this Act.
The Secretary of Defense may not change or modify indirect cost rates (otherwise known as facilities and administration cost rates) for Department of Defense grants and contracts awarded to institutions of higher education and nonprofit organizations (as those terms are defined in part 200 of title 2, Code of Federal Regulations) until the Secretary makes the certification described under subsection (b).
A certification under this subsection is a certification to the congressional defense committees that the Department of Defense—
working with the extramural research community, including representatives from universities, university associations, independent research institutes, and private foundations, has developed an alternative indirect cost model that has—
reduced the indirect cost rate for all applicable institutions of higher education and nonprofit organizations (compared to indirect rates for fiscal year 2025); and
optimized payment of legitimate and essential indirect costs involved in conducting Department of Defense research to ensure transparency and efficiency for Department of Defense-funded grants and contracts; and
established an implementation plan with adequate transition time to change budgeting and accounting processes for affected institutions of higher education and nonprofit organizations.
The Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering shall establish a working group to coordinate and support international activities that facilitate information-sharing, enhance interoperability, explore joint research and development opportunities, identify technology licensing requirements, incorporate advanced manufacturing capabilities into combined trainings and exercises, and set technical expertise and training standards for advanced manufacturing techniques, technologies, and adoption. The countries involved should be those with which the United States has reciprocal defense procurement agreements or security of supply arrangements.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior official, with relevant biotechnology experience, from a position within the Department of Defense that was in effect on the day before the date of the enactment of this Act—
to be the senior official for biotechnology issues;
to be the head the Biotechnology Management Office established under subsection (b); and
to carry out the responsibilities for the office in subsection (c).
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, with input from the senior official designated under subsection (a), charter and establish, under the authority, direction, and control of the Deputy Secretary of Defense, a Biotechnology Management Office to foster the development, acquisition and sustainment of broad-based biotechnology capabilities for the Department.
The office established under subsection (b) shall be responsible for the following:
Maintaining and executing the Defense Biotechnology Strategy required by section BAG25949, including development and execution of a long-term research, development, acquisition, and sustainment roadmap.
Updating policies and guidance within the Department relating to the acquisition, adoption, and transition of biotechnology-based products into Department use.
Coordinating with activities across the Department, the Federal Government, industry, academia, and international partners relating to biotechnology.
Proposing options for streamlining the regulatory or acquisition process of the Department.
Conducting, as may be needed, global competition analyses, net assessment or forecasting to support decisionmakers on biotechnology advances.
Supporting the development of public-private partnerships with academia, industry, and other State and local government partners, including through the development or fostering of regionally focused innovation ecosystems.
Identifying biotechnology workforce and training gaps across the workforce of the Department.
Such other responsibilities as the Secretary considers appropriate.
The office established pursuant to subsection (a) shall terminate on September 30, 2035.
Not later than 30 days after the designation of the senior official pursuant to subsection (a), the Secretary shall provide to the congressional defense committees a briefing on the proposed scope of the charter for the office to be established pursuant to subsection (b), as well as implementation plans for preliminary activities the office will pursue during the proceeding one-year period.
Not later than June 1, 2026, the Secretary of Defense shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a strategy on the national security implications of emerging biotechnologies, including the future role that biotechnology will play in defense, and means to improve industry, interagency, and international relationships in this sector.
The strategy required pursuant to subsection (a) shall include the following elements:
How the Department of Defense will develop and expand a network of commercial facilities for the biomanufacture of products that are critical for defense needs.
Review and update of military specifications in order to better incorporate or substitute current products with biotechnology-based products.
Updated plans and policies for the Department to enter into advance market commitments and offtake agreements for biotechnology products that have defense applications.
A description of how the Department could better incorporate military-relevant applications of emerging biotechnology into wargaming exercises, tabletop exercises, or other net assessment analyses.
The benefits and costs of issuing a research grand challenge, or a series of challenges, that focus on making biotechnology predictably engineerable and how the Department would implement such research grand challenge, or challenges.
Development of a biotechnology regulation science and technology program within the Department, including development of digital infrastructure to support simplified regulation and the development of biometrology tools.
Updated plans and policies for inter-governmental support that the Department could provide in encouraging member countries of the North Atlantic Treaty Organization (NATO) to aggregate demand and pool purchasing power for biotechnology products.
Review of plans and guidance on how the Department can work to develop, integrate, and disseminate biotechnology research initiatives across member countries of the North Atlantic Treaty Organization, and how the Department might coordinate with international stakeholders to utilize the combined research capabilities of such member countries to drive a biotechnology development approach.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, after coordinating with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy and external stakeholders, including representation from industry and academia, develop guidelines and policies on the ethical and responsible development and deployment of biotechnology within the Department of Defense and the Armed Forces.
The guidelines and policies developed pursuant to subsection (a) shall include the following:
Definitions of ethical and responsible development and use of biotechnology.
Guidelines relating to ethical and responsible development and use of biotechnology.
Policies relating to informed consent of members of the Armed Forces participating in biotechnology development.
Policies relating to reversibility and heritable treatment of potential biotechnology applications.
Policies relating to biotechnologies and their potential effects on the environment.
Policies relating to human performance enhancement.
Policies relating to the compliance and obligations of the Department to the United Nations Biological Weapons Convention, and other international agreements pertaining to the laws of armed conflict.
Such other matters as the Secretary considers appropriate.
No later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report outlining the guidelines and policies developed pursuant to subsection (a), including the methodologies through which the guidelines and policies were developed.
The report submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Not later than two years after the date of the enactment of this Act and not less frequently than once every two years thereafter until November 1, 2031, the Secretary shall provide to the congressional defense committees a briefing on the implementation of the guidelines and policies developed pursuant to subsection (a), including a discussion of any adjustments made to the policies and such recommendations for legislative or administrative action as the Secretary may have to ensure their successful implementation.
The final briefing provided pursuant to paragraph (1) shall be provided during the 60-day period ending on November 1, 2031.
The Secretary of Defense shall direct the Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Programs, in consultation with the Director of the Defense Threat Reduction Agency, to enter into memoranda of understanding with other departments and agencies of the Federal Government to clarify the roles and responsibilities of those departments and agencies for building biodefense capabilities internationally in execution of national security and other policies of the Federal Government, with the Secretary focused on working with defense counterparts in countries that are allies of the United States.
The memoranda of understanding entered into under paragraph (1) shall address how each relevant department or agency selects partner countries and the feasibility of coordinating efforts with each such country.
The Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense programs, shall provide to the Director of the Defense Threat Reduction Agency global authority to support development of biodefense capabilities and capacities in countries that are allies of the United States, subject to review and input on an as-needed basis by leadership of the Department of Defense and the relevant combatant commands.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall rescind all existing Department of Defense directives regarding the implementation of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as NEPA) and replace those directives with a new directive with uniform guidance that the military departments and other agencies of the Department of Defense must implement.
The new directive required under subsection (a) shall ensure that all components of the Department of Defense comply with the requirements under NEPA, including the updated guidelines established under title III of division C of the Fiscal Responsibility Act of 2023 (Public Law 118–5; 137 Stat. 38).
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate an appropriate official of the Department of Defense responsible for implementing the NEPA directive established under subsection (a) and ensuring the timely execution of all reviews required under NEPA without unnecessary regulatory delays.
Nothing in this section shall be construed to amend or override any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Section 351 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 32 U.S.C. 501 note) is amended, in the matter preceding paragraph (1), by striking may and inserting shall.
The Secretary of Defense may use expeditionary solid waste disposal systems for the destruction of illicit contraband, including seized counterfeit materials, unauthorized military gear, and classified materials.
The expeditionary solid waste disposal systems units deployed under subsection (a) shall be—
equipped to support operations related to border security and the elimination of contraband; and
made available to military installations, forward operating bases, and partner security forces as needed to assist in countering infiltration and unauthorized use of military assets of the United States.
The Secretary of Defense may not use open-air burn pits for the disposal of illicit contraband, classified military equipment, or hazardous waste materials.
Section 2912 of title 10, United States Code, is amended—
in subsection (c)—
by striking The amount and inserting (1) The amount;
by striking additional operational energy and all that follows through the period at the end and inserting operational energy initiatives.; and
by adding at the end the following new paragraph:
The Secretary of Defense shall design operational energy initiatives under paragraph (1) to advance the objectives of the Department in the areas of energy resilience and fuel efficiency.
Operational energy initiatives carried out under paragraph (1) may directly contribute to enhanced mission and combat capabilities, fund operational environment training activities, or establish programs to incentivize demonstrable reductions in energy expenditures within the department, agency, or instrumentality credited with achieving the energy cost savings under subsection (a).
in subsection (e)(1), by striking The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation and inserting Not later than 60 days after being notified of amounts described in subsection (a) that remain available for obligation, the Secretary of Defense shall transfer such amounts; and
by adding at the end the following new subsection:
In this section, the term operational energy cost savings means the monetary savings achieved through measures to reduce energy expenditures relative to the amount that would have been necessary to sustain an equivalent level of capability in the absence of such measures.
The Secretary of Defense may destroy or dispose of a perfluoroalkyl or polyfluoroalkyl substance using innovative technologies that—
are cost effective; and
are permitted or approved by a Federal or State agency that regulates the destruction or disposal of such a substance.
The Secretary shall update the PFAS Destruction and Disposal Guidance of the Department of Defense, or any successor similar guidance, to reflect the requirements under subsection (a).
Section 345 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 3201 note prec.) is amended—
in subsection (a), by striking if such equipment contains an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance and inserting unless such equipment meets the specifications set forth in Standard 1970 of the National Fire Protection Association; and
in subsection (d)—
in paragraph (1), by striking does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances and inserting meets the specifications set forth in Standard 1970 of the National Fire Protection Association; and
in paragraph (2), by striking does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances and inserting meets the specifications set forth in Standard 1970 of the National Fire Protection Association.
Subject to subsection (b), on and after the date of the enactment of this Act, the Secretary of Defense shall provide bottled water to communities with private drinking water wells where contamination from perfluoroalkyl and polyfluoroalkyl substances resulting from activities of the Department of Defense has, at one point in time, exceeded the maximum contaminant level for such substances established by the Environmental Protection Agency if the Secretary, as of the day before the date of the enactment of this Act, provided bottled water to the community because of such contamination.
The Secretary is not required to provide bottled water to a community under subsection (a) if all impacted households in the community are connected to a municipal drinking water distribution system or the Secretary has successfully remediated the contamination from perfluoroalkyl and polyfluoroalkyl substances to meet or exceed both Federal and state drinking water standards for such substances.
Section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 3062 note) is repealed.
Section 343 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2701 note) is repealed.
The Secretary of Defense, consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), shall take actions specified in subsection (b) to address any release or threatened release of perfluoroalkyl and polyfluoroalkyl substances at a covered facility.
If a preliminary assessment or site investigation for perfluoroalkyl and polyfluoroalkyl substances has not been conducted at a covered facility, the Secretary shall conduct expeditiously such assessment or investigation, as the case may be, to determine whether there has been a release or there is a threatened release of perfluoroalkyl or polyfluoroalkyl substances at the facility.
Each covered facility that has or has had a fire training pit or similar facility shall be presumed, for purposes of subparagraph (A), to have had a release of perfluoroalkyl or polyfluoroalkyl substances.
A preliminary assessment or site investigation under paragraph (1)(A) shall include, along with any other matters required pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), a description and analysis of potential interim response actions that can be taken to reduce immediate public exposure to the release of perfluoroalkyl or polyfluoroalkyl substances, including preventing an imminent and substantial endangerment.
Interim response actions to be considered under subparagraph (A) shall include the following:
Provision of bottled water.
Connection to public water systems for members of the public using private wells.
Provision of filtration systems for public water systems.
Provision of filtration systems for private residences.
The Secretary shall make the preliminary assessment or site investigation conducted under paragraph (1)(A) with respect to a covered facility available for review to the Administrator of the Environmental Protection Agency, the relevant State environmental regulatory agencies, any Indian tribal government whose tribal lands may be affected by the release or threatened release of perfluoroalkyl or polyfluoroalkyl substances, and members of the public.
The period for review under subparagraph (A) shall be not less than 60 days and shall be extended if the Administrator requests additional review time.
The Secretary of Defense shall expedite the implementation of any interim response actions selected by the Secretary for implementation pursuant to the consideration conducted under paragraph (2) and the review under paragraph (3), with special priority provided to covered facilities located within a sole or principal drinking water source as designated by the Administrator of the Environmental Protection Agency under section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h–3(e)).
Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing an identification of the following:
Which covered facilities have had a preliminary assessment or site investigation completed pursuant to subsection (b)(1)(A).
Which covered facilities have had a preliminary assessment or site investigation initiated pursuant to subsection (b)(1)(A) but not completed by the time the report is due to be submitted, and when such assessment or investigation is projected to be completed.
Which covered facilities have not had a preliminary assessment or site investigation initiated pursuant to subsection (b)(1)(A) but are required to have one pursuant to such subsection.
Which covered facilities are not required to have a preliminary assessment or site investigation conducted pursuant to subsection (b)(1)(A).
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—
which covered facilities have had interim response actions selected for implementation under subsection (b);
what those interim response actions are;
the projected initiation dates for those interim response actions;
the projected completion dates for those interim response actions; and
an explanation as to why any interim response action considered in the preliminary assessment or site investigation conducted pursuant to subsection (b)(1)(A) was not adopted.
In this section:
The term covered facility means a facility subject to section 2701(c) of title 10, United States Code.
The terms release and response have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
In accordance with this section, the Secretary of the Navy shall implement processes to improve the materiel condition and combat readiness of Navy surface ships maintained and repaired at private shipyards by ensuring a stable and responsive industrial base capable of meeting operational and combat surge demands.
The Secretary of the Navy shall designate type commanders as the primary authorities for surface ship maintenance.
Type commanders designated under subparagraph (A) shall—
lead the sustainment of surface ships;
oversee all maintenance and repair activities at private shipyards; and
be responsible for setting priorities, approving contracts, and ensuring fleet readiness.
The Secretary of the Navy shall ensure that regional maintenance centers act in a supporting role under the direction of type commanders.
For each ship undergoing maintenance at a private shipyard, the project manager, the port engineer, and the ship commanding officer—
may jointly decide what work is done during the maintenance period, including the ability to adjust priorities within agreed budgets and schedules; and
shall report directly to the type commander concerned.
Contracting officers shall support the decisions described in subparagraph (A)(i) by managing funds and contracts.
The Secretary of the Navy shall provide a stable, predictable workload to private shipyards and other critical suppliers through a multi-year, multi-ship contract by ship class—
to allow the shipyard and other critical suppliers to maintain a stable workforce;
to promote investment in the necessary facilities; and
to prevent layoffs and rehiring cycles that reduce efficiency.
The Secretary of the Navy shall ensure that specific shipyards shall have multi-year contracts for specified ships for repeated maintenance work to improve knowledge of ship condition and accelerate repairs, with excusable deviations such as homeport changes.
The Secretary of the Navy shall ensure that shipyards, alterations installation teams (when assigned), and Navy teams, including project managers and port engineers, work together in continuous maintenance activities to plan maintenance and ensure realistic schedules and priorities.
The Secretary of the Navy shall ensure that—
criteria for multi-year awards place heavy emphasis on strong teaming between large and small shipyard businesses;
large and small shipyards establish multi-year teaming relationships and work in both the planning and execution phases of scheduled availabilities and emergency repairs; and
small shipyards have guaranteed work percentages and planning responsibilities.
The Secretary of the Navy shall establish rotatable pools and procure spare parts ahead of time to create a pool of parts that can be quickly used for repairs.
The Secretary of the Navy shall train program managers and port engineers for specific ship classes prior to assigning such individuals to complex maintenance availabilities.
The Secretary of the Navy may allocate funds annually to private shipyards to sustain a minimum workforce and maintain repair facilities, in such amounts and under such conditions as the Secretary determines appropriate.
The Secretary of the Navy shall issue guidance to address set-aside requirements for small businesses that enables the roles for large and small shipyards described in paragraph (6).
In carrying out this section, the Secretary of the Navy may—
determine specific methods, contract types, funding levels, and operational details consistent with the requirements and authorities under this section; and
adapt existing processes or develop new approaches to carry out such requirements and authorities.
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 detailing the following:
How the Navy will implement the requirements of this section, including with respect to the roles of type commanders, regional maintenance centers, project managers, port engineers, ship commanding officers, and contracting officers.
The planned funding approach for workforce stability, shipyard assignments, and spare parts procurement.
A timeline for initial implementation, including any pilot programs, and full deployment across all regional maintenance centers.
Metrics to measure success, such as on-time completion of maintenance, cost control, and readiness improvements.
In this section:
The term port engineer means the technical expert on a ship’s condition who advises on repairs and standards.
The term project manager means the individual responsible for overseeing a ship’s maintenance period.
The term regional maintenance center means an organization of the Navy that supports ship maintenance in a specific region, such as in Norfolk, Virginia, San Diego, California, Mayport, Florida, Everett, Washington, and Pearl Harbor, Hawaii.
The term ship commanding officer means the commanding officer of a Navy surface ship undergoing maintenance.
The term type commander means the flag officer in charge of a surface force, such as Commander, Naval Surface Force Atlantic, and Commander, Naval Surface Force, Pacific Fleet.
This section shall terminate on January 1, 2031.
The Secretary of the Navy shall investigate, and, as feasible, qualify, approve, integrate, and fully adopt into contract requirements advanced technologies and processes for Navy surface ship maintenance on an expedited timeline to enhance readiness, reduce costs, and address delays in maintenance and repair activities.
In carrying out subsection (a), the Secretary of the Navy shall prioritize qualification of the following:
Automated weld inspection for robotic weld defect detection.
Real-time sustainment monitoring for sensor-based health tracking.
Advanced blast and painting for automated hull coating systems.
Press connect fittings for no-hot-work pipe repairs.
Robotic tank inspection for confined space condition assessments.
Additive manufacturing for on-demand 3D-printed parts.
Augmented reality support for augmented reality-guided repairs.
Cold spray repair for metal surface restoration.
Predictive maintenance algorithms for artificial intelligence-driven failure prediction.
Automated nondestructive testing for robotic material evaluation.
Autonomous underwater vehicles for hull inspection submersibles.
Digital twin technology for virtual ship modeling.
High-pressure waterjet cleaning for rust and paint removal.
Modular maintenance platforms for standardized repair setups.
Smart coatings for self-healing, anti-fouling surfaces.
Laser ablation for laser-based surface preparation.
Drone-based inspection for uncrewed structural surveys.
Electrochemical corrosion mitigation for corrosion prevention systems.
Smart pigging for internal pipe diagnostics.
Modular overhaul kits for pre-packaged repair solutions.
Plasma coating for durable surface protection.
High-velocity oxygen fuel coating for high-velocity wear protection.
Portable diagnostics for handheld troubleshooting tools.
The Secretary of the Navy shall establish a process for private entities to submit proposals for advanced technologies or processes not specified in subsection (b).
The Secretary of the Navy shall evaluate any proposal submitted pursuant to the process established under paragraph (1) not later than 90 days after the date of such submission.
A proposal submitted pursuant to the process established under paragraph (1) shall demonstrate potential to improve maintenance efficiency, safety, or cost-effectiveness.
The Secretary of the Navy shall make a qualification decision with respect to a proposal submitted pursuant to the process established under paragraph (1) based on technical merit and the need of the Navy.
For any advanced technology or process included in a proposal submitted pursuant to the process established under subsection (c) and not selected for qualification or approval, the Under Secretary of Defense for Acquisition and Sustainment shall enter into a contract with an independent third-party reviewer to assess the decision.
A contract entered into under paragraph (1) shall require the independent third-party reviewer to, not later than 90 days after the date of the decision concerned, submit to Congress an unaltered report that—
evaluates the rationale of the Secretary;
states agreement or disagreement with the decision and rationale; and
includes recommendations if applicable.
The Secretary of the Navy may prioritize advanced technologies and processes under this section based on operational needs, budget constraints, and compatibility with existing systems, if the Secretary includes justifications for such prioritization in the report required by subsection (g).
The Secretary of the Navy shall update policies, specifications, guidance, and contracts to integrate and fully adopt advanced technologies and processes as required by subsection (a).
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to Congress a report detailing timelines to qualify and approve each advanced technology or process specified in subsection (b) and any additional advanced technologies or processes identified pursuant to the process established under subsection (c), including estimated implementation dates or justifications for non-pursuit.
On and after the date recommended under subsection (c)(2)(B)(v), the United States Transportation Command shall be responsible for—
mitigating vulnerabilities and risks associated with contested logistics for the Department of Defense on a global basis; and
planning and operations of the Joint Deployment and Distribution Enterprise (in this section referred to as the JDDE) relating to contested logistics across all domains, including the movement of forces and material from the source of supply to the designated point of need of the commander of the combatant command receiving support.
In carrying out the responsibilities under subsection (a), the Commander of the United States Transportation Command shall coordinate with the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the secretaries of the military departments, the commanders of the combatant commands, the Director of the Defense Logistics Agency, the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of Transportation.
Not later than one year after the date of the enactment of this Act, the Commander of the United States Transportation Command, in coordination with the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the Secretary of each military department, the commanders of the combatant commands, the Director of the Defense Logistics Agency, the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of Transportation shall submit to the congressional defense committees a report that provides an in-depth gap assessment on the ability of the JDDE to project, maneuver, and sustain the joint force in contested environments and provide recommendations to resolve or mitigate those gaps.
The report required under paragraph (1) shall—
be oriented on—
mitigating risks;
improving the ability of the JDDE to operate in contested environments; and
establishing the Commander of United States Transportation Command to be the element responsible for global contested logistics; and
include—
a description of the organizational responsibilities of elements of the JDDE as of the date of the report and the ability of the JDDE to project, maneuver, and sustain the joint force;
a description of the intent and capability of adversaries to the United States to disrupt the ability of the JDDE to project, maneuver, and sustain the joint force;
a description of the responsibilities to protect the operations of the JDDE, to include physical protection and protection of command and control systems of the JDDE from cyber threats;
recommendations for changes in statutes, authorities, resources, responsibilities, and processes within the JDDE to establish the Commander of United States Transportation Command to be the element responsible for global contested logistics; and
a recommended date, not later than one year after the date on which the report is submitted to the congressional defense committees, for the United States Transportation Command to assume responsibility for contested logistics from the source of supply to the designated point of need of the commander of the combatant command receiving support.
The report required under paragraph (1) may be submitted in classified form, but if so, shall include an unclassified executive summary.
Not later than 180 days after the date of the enactment of this Act, the Commander of the United States Transportation Command shall provide to the congressional defense committees an interim briefing on the development of the report required under subsection (c).
Not later than one year after the date of the enactment of this Act, the Commander of the United States Transportation Command shall provide to the congressional defense committees a final briefing on the report required under subsection (c).
Except to the extent that, before January 1, 2026, a responsibility specified in subsection (a) was a specific function of one of agencies or components specified in subsection (b), nothing under this section shall be construed as—
limiting any other function of those agencies or components; or
requiring the transfer of any function, personnel, or asset from those agencies or components to the United States Transportation Command.
In this section, the term contested logistics means logistics that occur under conditions in which an adversary or competitor deliberately seeks or has sought to deny, disrupt, destroy, or defeat friendly force logistics operations, facilities, and activities across any of the multiple domains.
The Secretary of Defense shall require all aircraft of the Department of Defense that operate near commercial airports to be equipped with position broadcast technology and shall direct the development of standard operating procedures that maximize the use of such technology.
The Secretary of Defense shall develop a program for sharing aviation safety data for aircraft of the Department of Defense, to include near misses and mishaps, with the Federal Aviation Administration.
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 the House of Representatives a report on the number of near misses that aircraft of the Department have had with commercial aircraft during the 10-year period preceding such date of enactment.
Not later than one year after the date of the enactment of this Act, and annually thereafter through 2030, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the number of near misses that aircraft of the Department have had with commercial aircraft during the previous fiscal year.
Each report under this subsection shall include, with respect to each near miss covered under the report, the following:
The date, time, and location of the near miss.
A description of all aircraft involved in the near miss.
Any changes to protocols, standard operating procedures, or policy, as appropriate, that were made based on the near miss.
Each report under this subsection shall be submitted in unclassified form, but may include a classified annex.
Section 352 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 229) is amended—
in subsection (a), by striking September 30, 2026 and inserting September 30, 2028; and
in subsection (b), by adding at the end the following new paragraph:
Details regarding the maintenance and service life extension plan for the amphibious warship that retains an operationally available amphibious warship until the end of the Obligation and Work Limiting Date for the construction contract for a replacement amphibious warship, as necessary to meet the requirements under section 8062 of title 10, United States Code.
The Secretary of Defense shall not take any action to close, mothball, divest, deactivate, or otherwise render inoperable any facility that is part of the organic industrial base of the Army, including any depot, arsenal, ammunition plant, manufacturing center, or facility of a center of industrial and technical excellence, unless—
a similar or replacement facility has already been created; and
the action is authorized—
in accordance with the provisions of this section; or
pursuant to an Act of Congress.
The prohibition in subsection (a) applies to all facilities operated or maintained as part of the organic industrial base of the Army, whether Government-owned and Government-operated or Government-owned and contractor-operated.
The Secretary of Defense may suspend operations or limit access to a facility covered by this section if such action is necessary to address an imminent threat to the health and safety of personnel or to mitigate substantial environmental hazards.
The Secretary of Defense shall submit to the congressional defense committees a report that describes any action taken under paragraph (1) not later than 15 days after the date on which such suspension of operations or limitation of access is initiated.
The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary determines that such a waiver is necessary to address a critical national security interest of the United States.
Not later than 30 days prior to exercising the waiver under paragraph (1), the Secretary shall submit to the congressional defense committees—
a written notification of the intent to waive the prohibition;
a detailed justification for the waiver, including an assessment of the national security interest at stake;
an evaluation of potential impacts to the readiness, industrial base capacity, and surge requirements of the Army; and
a description of any mitigation measures to be implemented.
Not later than 120 days after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of the Army shall submit to the congressional defense committees a report on the status of all facilities in the organic industrial base of the Army.
Each report required by paragraph (a) shall include—
a list of all facilities in the organic industrial base of the Army and the operational status of each facility;
any planned changes in mission, workload, or operating status of each facility;
any planned investments or divestments that may affect the capability or capacity of any such facility; and
a description of any action by the Secretary of Defense taken pursuant to subsection (c) or (d) during the one-year period preceding submission of the report.
In this section:
The term mothball means placing a facility in inactive status while maintaining it in a condition such that it could be reactivated at some future time.
The term organic industrial base of the Army means the network of Government-owned facilities that provide manufacturing, maintenance, storage, and readiness support for Army materiel and munitions, including the facilities listed in the Army Organic Industrial Base Modernization Implementation Plan, dated April 12, 2022.
Not later than one year after the date of the enactment of this Act—
the Defense Personal Property Management Office of the Department of Defense shall be established within the Office of the Under Secretary of Defense for Personnel and Readiness; and
the Office of the Under Secretary of Defense for Personnel and Readiness shall assume responsibility for all functions, personnel, and other matters of the Defense Personal Property Management Office.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to implement subsection (a).
Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall brief the Committees on Armed Services of the Senate and the House of Representatives on the plan and timeline for the implementation of subsection (a).
The Secretary of Defense shall facilitate the integration of currently available and suitable commercial artificial intelligence capabilities specifically designed to assist with logistics tracking, planning, operations, and analytics into two relevant and suitable exercises of the Department of Defense to be conducted during fiscal year 2026.
The Secretary of Defense, in coordination with the commander of the combatant command or commands overseeing the exercise selected under subsection (a), shall identify for such exercise a commercially available artificial intelligence product that is specifically designed to address logistics needs of the Department of Defense and meets the critical data security protocols outlined in subsection (c).
In selecting a commercial product under paragraph (1), the Secretary of Defense and the commander of the combatant command or commands concerned shall—
ensure that the commercial product acquired for such demonstration includes provision of capability to respond to potential software changes in an agile and rapid manner to ensure seamless integration and adaptability during the exercise; and
prioritize the consideration of a product provided by a small or nontraditional software focused firm.
The Secretary of Defense shall ensure that all necessary approvals are expedited to facilitate the secure use of data of the Department of Defense by commercial artificial intelligence providers during the exercises selected under subsection (a), including—
compliance with applicable cybersecurity policies and regulations of the Department; and
verification of measures to protect classified and sensitive information.
Not later than March 1, 2026, the Secretary of Defense shall provide an interim briefing to the Committees on Armed Services of the Senate and the House of Representatives that includes—
identification of the specific exercises selected for demonstration, including the combatant commanders participating in this demonstration and identification of a point of contact within the combatant command responsible;
identification of the specific commercial artificial intelligence tool or tools to be demonstrated, including the contractual mean or other agreement used to facilitate the use of the commercial artificial intelligence tool;
notional timelines and resource needs for each demonstration; and
metrics to be used to assess the efficacy of such tools used in each demonstration.
Not later than 30 days after the conclusion of the exercises selected under subsection (a), the commander of the combatant command overseeing the exercise shall provide the congressional defense committees a briefing that includes the following:
An overview of the integration and use of commercial artificial intelligence capabilities during the exercise.
An assessment of the impact of such technologies on unit readiness and operational success.
Recommendations for further integration or development of artificial intelligence capabilities in future exercises and operations of the Department of Defense.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to be known as the Arsenal Workload Sustainment Pilot Program (in this section referred to as the pilot program).
The pilot program shall be conducted for a period of five years.
In carrying out the pilot program, the Secretary of Defense shall give a preference to any procurement action or solicitation by a non-public partner who will enter into a public-private partnership with the Secretary in the source selection process if such non-public partner will use an arsenal of the Department of the Army that is owned and operated by the United States Government as a partner in any type of contractual agreement with the United States Government.
In selecting non-public partners under paragraph (1), the Secretary of Defense shall give a preference to non-public partners that ensure an equitable workshare is performed under the partnership by employees of the Department of Defense to protect critical skills in the organic industrial base.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations governing how a non-public partner shall be given a preference required under subsection (c).
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the activities carried out under the pilot program, including a description of any operational challenges identified.
The report required under paragraph (1) shall include the following:
A breakout, by relevant budget accounts, of workload at an arsenal of the Department of the Army that is owned and operated by the United States Government that was achieved in the prior fiscal year, whether directly or through public-private partnerships under the pilot program.
An assessment of relevant budget accounts where such an arsenal can be utilized to meet future procurement needs of the Department of Defense, irrespective of cost.
An outlook of expected workload at each such arsenal during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code.
The capital investments required to be made at each such arsenal to ensure compliance and operational capacity.
In this section:
The term appropriate congressional committees means—
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.
The term non-public partner means a corporation, individual, university, or nonprofit organization that is not part of the United States Government.
Section 355(c)(2)(A) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 8013 note) is amended by inserting before the semicolon the following: , and the incorporation of digital infrastructure (including hardware, software, and cloud storage) and platforms into such program.
Section 482(b)(8) of title 10, United States Code, is amended by striking Class A, Class B, and Class C mishaps and inserting Class A and Class B mishaps, and a summary count of all Class C mishaps,.
Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
Not later than one year after the date of the enactment of this section, and annually 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 funding and status of interim remedial actions of the Department of Defense relating to perfluoroalkyl and polyfluoroalkyl substances (in this section referred to as PFAS).
Each report required by subsection (a) shall include information regarding the following:
The total amounts budgeted and obligated, for the current fiscal year and for any prior fiscal year, per site at each installation of the Department of Defense, for interim remedial actions of the Department relating to PFAS.
In the case of each report after the initial report, the total amounts budgeted, obligated, and expended, per site at each installation, on such actions since the previous report.
The general and operating status of interim remedial actions related to PFAS per site at each installation, including—
a list of all announced or selected interim remedial actions, and for each such action, the function and role of the action with respect to addressing PFAS at the installation;
for each action listed, a phase-specific status update, including whether—
the design is pending, in progress, or completed;
contracting is pending, in solicitation, awarded, or delayed;
construction or execution has begun, is in progress, is completed, or is delayed;
the action is currently operating, including an assessment of the duration of such action and any performance metrics available;
identification of actions that are one-time in nature (such as soil removal and disposal), and the status of each action;
timelines for completion of each phase, including original projected timelines and any updates;
for any phase delayed by more than one year beyond the original projection, a site-specific explanation for the delay; and
identification of any administrative, regulatory, funding, or other barriers contributing to delays or budgetary effects, along with the plan of the Secretary to address each such barrier.
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2716 the following:
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 perfluoroalkyl and polyfluoroalkyl substances remediation acceleration strategy, which shall include—
criteria for prioritizing military installations based on risk to human health, environmental impact, and proximity to affected communities;
timelines for completing each phase of the cleanup process under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
a plan for deploying additional resources, technologies, or personnel to reduce delays, including an identification of—
the number of laboratories that are accredited by the Environmental Laboratory Accreditation Program of the Department of Defense to test for PFAS; and
the number of laboratories that are in the process of being so accredited; and
benchmarks for evaluating performance of each military department or defense agency on response efforts relating to perfluoroalkyl and polyfluoroalkyl substances.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall make publicly available an accessible online dashboard that includes the actions of the Department of Defense relating to perfluoroalkyl and polyfluoroalkyl substances.
The dashboard required under paragraph (1) shall include a summary of—
site-by-site funding levels and expenditures at each installation of the Department;
the status of remediation and investigation efforts;
projected and actual completion timelines; and
points of contact for community engagement.
The Secretary shall update the dashboard required under paragraph (1) not less frequently than semiannually.
The Secretary of Defense may use amounts appropriated to the Department of Defense for Major Force Program 11 for the procurement of sports foods and third-party certified dietary supplements and the distribution of such foods and supplements to members of the United States Special Operations Command (in this section referred to as the USSOCOM).
The Secretary shall authorize the USSOCOM to acquire sports foods and third-party certified dietary supplements and to distribute such foods and supplements to members of the USSOCOM, subject to the requirements under subsection (c).
Nothing in this subsection shall be construed to—
augment morale, welfare, and recreation funds or activities; or
augment or replace the budget or services of dining facilities of the Department.
The Secretary shall ensure the Commander of the USSOCOM establishes requirements for the procurement and distribution of sports foods and third-party certified dietary supplements under this section and shall require compliance with Department of Defense Instruction 6130.06 (relating to the use of use of dietary supplements in the Department of Defense) and the Prohibited Dietary Supplement Ingredients List of the Department of Defense, or successor similar instruction or list, to ensure that—
dietary supplements procured under this section are certified by a non-Department third-party certifying organization that has been vetted by the Operation Supplement Safety program of the Department for end-product quality assurance, confirming no contaminants, ingredients, substances, or their synonyms prohibited by the Department;
sports foods procured under this section are free of ingredients, substances, and their synonyms prohibited by the Department; and
under the program guidance and oversight of a primary care sports medicine physician, sports foods and third-party certified dietary supplements are acquired by units of the USSOCOM and distributed by credentialed and privileged registered (performance) dietitians or medical clinicians with prescribing authority (such as a medical doctor, doctor of osteopathic medicine, physician assistant, or nurse practitioner) assigned to or supporting the USSOCOM at the operational unit level.
Not later than September 30, 2026, the Secretary of Defense shall submit to the congressional defense committees a report that assesses the feasibility and advisability of expanding the authority under this section for the procurement and distribution of sports foods and third-party certified dietary supplements to include the military departments.
In this section:
The term dietary supplement has the meaning given that term in section 201(ff) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)) and requires nutrition labeling in the form of a Supplement Facts Panel.
The term sports foods means food products—
intended to deliver essential energy (calories) and nutrients at the right time to members of the USSOCOM to ensure critical combat and medical readiness; and
containing nutrition labeling in the form of a Nutrition Facts Panel.
None of the funds authorized to be appropriated by this Act or otherwise made available for Major Force Program 11 for the United States Special Operations Command shall be obligated or expended to establish or expand a Space Force Special Operations Component Command until the date that is 30 days after the date on which the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command, in consultation with the Chief of Space Operations, jointly submit to the Committees on Armed Services of the Senate and the House of Representatives the report required by subsection (b).
The report required under this subsection shall include, at a minimum, the following:
An articulation of the requirement for a Space Force Special Operations Component Command.
A funding profile, across the future-years defense program submitted under section 221 of title 10, United States Code, for the establishment of a Space Force Special Operations Component Command, including a delineation of funds required under Major Force Program 2 and Major Force Program 11.
A timeline and conditions for achieving initial and full operational capability for a Space Force Special Operations Component Command.
An identification of the military, civilian, and contractor personnel required for a Space Force Special Operations Component Command at initial and full operational capability.
An identification of the facilities requirements for a Space Force Special Operations Component Command at initial and full operational capability.
An explanation of how and when the Secretary of Defense and the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict have documented approval for the establishment of a Space Force Special Operations Component Command.
An explanation of the administrative and command relationships between a Space Force Special Operations Component Command and the United States Special Operations Command, United States Space Command, and the Space Force.
Any other matters determined relevant by the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command.
For any renegotiation of the contract under the Global Household Goods Contract in place as of the date of the enactment of this Act, or negotiation of a new contract under the Global Household Goods Contract or any successor program or contract, the Secretary of Defense shall require that the following oversight mechanisms are included in the final contract agreement:
The prime contractor shall submit to the Secretary a summary document outlining the key terms and conditions of each subcontract agreement related to capacity, performance, and compliance with the contract requirements, which shall include the following:
The guaranteed capacity of each subcontractor (including location, volume, and peak season commitment).
Performance metrics and service level agreements applicable to each subcontractor.
Provisions for monitoring and enforcing subcontractor performance.
Termination clauses and penalties for noncompliance.
Data sharing and security requirements.
Each subcontractor shall provide to the prime contractor, upon request, certifications and copies of training completion relating to compliance with requirements under the contract.
The prime contractor shall submit to the Secretary regular performance reports on its subcontractors, including metrics related to on-time pickup, on-time delivery, damage claim rates, customer satisfaction, and compliance with contract requirements.
The prime contractor shall submit to the Secretary a subcontractor management plan outlining its processes for selecting, monitoring, and managing subcontractors, including a description of how the prime contractor ensures subcontractor compliance with all applicable laws, regulations, and contract requirements.
The prime contractor shall maintain a robust risk management plan that addresses potential disruptions to the subcontractor network, such as financial instability, natural disasters, or labor disputes.
Not less frequently than monthly, the prime contractor shall submit to the Secretary the subcontractor rating system used by the prime contractor, with current scoring results under such system.
The prime contractor shall submit to the Secretary the subcontractor rates for each move under the contract.
The prime contractor shall establish clear escalation procedures for addressing subcontractor performance issues, including steps for resolving disputes, implementing corrective actions, and terminating non-performing subcontractors.
The Federal Government shall be permitted to audit subcontractor records with reasonable notice to the prime contractor.
The contract shall incorporate a fixed-price contract line item number for monthly overhead, separating it from the rates associated with the costs of moves.
The prime contractor shall establish a database that the Secretary can access on a real-time basis to ensure compliance with this section.
For any successor contract to the Global Household Goods Contract entered into after the date of the enactment of this Act, the Secretary shall consider, during development of an acquisition strategy and execution strategy, in addition to the requirements under subsection (a), the following:
The incorporation of a fixed-price contract line item number for monthly overhead, separating it from the rates associated with the costs of moves.
Contracts under the Federal Acquisition Regulation for lanes that account for more than one percent of total permanent change of station move volume and tender of service contracts for the remaining lanes.
Tiered incentive awards for higher levels of capacity.
The establishment of a database that the Secretary can access on a real-time basis to ensure compliance with this section.
The Secretary may incorporate any proposal of the prime contractor into a final contract negotiated or renegotiated under this section that ensures advertised performance capabilities are met.
None of the funds authorized to be appropriated by this Act for fiscal year 2026 to the Army may be obligated or expended for the solicitation for proposals or to award a contract for the implementation of any transformation of the Initial Entry Rotary Wing training program at Fort Rucker, Alabama, until—
the completion of the Part 141 Helicopter Flight School Training Pilot proof of concept plan conducted by the Department of the Army and the Federal Aviation Administration, including—
all three phases of Initial Entry Rotary Wing Training Phases 1 & 2 and Phase 3 Warfighter Tactical Training Phase; and
the evaluation of the effectiveness of the training pilot, which shall include the results of six classes of eight students each (48 students total) and is scheduled to be completed in May 2026;
the Secretary of the Army (in this section referred to as the Secretary) has fully assessed and validated the outcomes of such training pilot, including cost, operational effectiveness, safety, and training efficacy;
the Secretary submits to the congressional defense committees a report detailing the results of such training pilot and the rationale for any proposed changes to training systems or platforms resulting from such training pilot;
an independent assessment of the business case analysis and implementation plan for such transformation has been conducted by the Office of Cost Assessment and Program Evaluation of the Office of the Secretary of Defense, which shall include—
an analysis of the cost to produce an aviator qualified under Initial Entry Rotary Wing Training Phases 1 & 2 utilizing the current training model and aircraft as well as the cost to produce such an aviator utilizing the helicopter flight school training proof of concept model and aircraft;
an assessment of the risks and benefits of outsourcing Initial Entry Rotary Wing training requirements;
total costs for the existing training ecosystem for Initial Entry Rotary Wing; and
an identification of measures taken to mitigate costs and enhance training within the existing training ecosystem;
the Secretary submits to the congressional defense committees a report containing the results of such assessment and a detailed justification of how the findings from such assessment support proceeding with any such transformation; and
the Secretary briefs the congressional defense committees on—
the outcomes and findings of the training pilot specified in paragraph (1);
an assessment of the cost-effectiveness and operational and training readiness resulting from the training pilot;
any recommendations for future procurement or contracting activity related to training initiatives similar to the training pilot; and
the course of action proposed by the Secretary relating to any such transformation.
The Secretary of the Air Force (in this section referred to as the Secretary) may convey to the Arizona Aviation Historical Group, Phoenix, Arizona (in this section referred to as the Group), all right, title, and interest of the United States in five T–37B trainer aircraft and any available spare parts for such aircraft that the Secretary has determined are surplus to need.
The conveyance of an aircraft under subsection (a) shall be made at no cost to the United States. Any costs associated with such conveyance, costs of determining compliance with terms of the conveyance, and costs of operation and maintenance of the aircraft conveyed shall be borne by the Group.
None of the funds authorized to be appropriated to the Army for fiscal year 2026 may be used to restructure the commands of the Army until the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the proposed plan of the Secretary to integrate the Joint Munitions Command and the Army Sustainment Command.
The report required by subsection (a) shall include the following:
A detailed comparison of the old organizational structures of the commands of the Army compared with the proposed new integration construct for such organizational structures, including any changes to reporting chains, leadership roles, and workforce.
The planned timeline for implementation of such integration.
Any plans for changing the numbers, duty locations, or responsibilities of personnel under the Joint Munitions Command and the Army Sustainment Command.
A mission justification for the proposed integration.
An assessment of the short-term and long-term impacts of the proposed integration on the readiness of the Army and the Department of Defense to conduct the missions of the Joint Munitions Command and the Army Sustainment Command and the plan of the Army for mitigating those impacts.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, Air Force, and available to the Office of the Secretary of the Air Force for travel purposes, not more than 80 percent may be obligated or expended until the date on which the Secretary, in consultation with the Commander of the United States Strategic Command, submits to the congressional defense committees a report on the acquisition strategy of the Air Force to maintain the Airborne Command Post capability, including—
options to expand production of the C–130J–30 Super Hercules to provide additional airframes to preserve the Airborne Command Post capability; and
an outline of the future relationship of the Airborne Command Post capability with the Secondary Launch Platform–Airborne effort.
The Secretary of Defense, in conjunction with the Secretary of the Navy and the Commander of the United States Indo-Pacific Command, may establish and maintain a pilot program for the contracted operation of a fleet of commercial amphibious aviation resources to be made available to the commanders of the combatant commands and the commanders of other components of the Department of Defense for mission tasking within the area of responsibility of the United States Indo-Pacific Command.
The Commander of the United States Indo-Pacific Command shall establish a process to field and adjudicate mission requests pursuant to the pilot program under subsection (a) in a timely manner.
The authority to carry out the pilot program under subsection (a) shall terminate on the date that is three years after the date of the enactment of this Act.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall implement the naming recommendations for assets of the Department of Defense in the Commonwealth of Virginia that were adopted by the Commission.
The Secretary of Defense may not change the name of an asset of the Department of Defense in the Commonwealth of Virginia that was adopted by the Commission to any name other than the name that was adopted.
In this section, the term Commission means the commission established under section 370(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note).
Section 130i of title 10, United States Code, is amended—
in subsection (a)—
by striking any provision of title 18 and inserting sections 32, 1030, and 1367 and chapters 119 and 206 of title 18; and
by striking officers and civilian employees and inserting officers, civilian employees, and contractors;
in subsection (b)(1)—
in subparagraph (A), by striking Detect and inserting During the operation of the unmanned aircraft system or unmanned aircraft, detect; and
in subparagraph (B), by inserting before the period at the end the following: , including through the use of remote identification broadcast or other means;
in subsection (c)—
by striking Any unmanned and inserting (1) Any unmanned; and
by adding at the end the following new paragraph:
Any forfeiture conducted under paragraph (1) shall be made subject to the requirements for civil, criminal, or administrative forfeiture, as the case may be, under applicable law or regulation.
in subsection (d), by adding at the end the following:
The Secretary of Defense shall ensure that the regulations prescribed or guidance issued under paragraph (1) require that, when taking an action described in subsection (a)(1), all due consideration is given to—
mitigating impacts on privacy and civil liberties under the First and Fourth Amendments to the Constitution of the United States;
mitigating damage to, or loss of, real and personal property;
mitigating any risk of personal injury or death; and
when practicable, obtaining the identification of or issuing a warning to the operator of an unmanned aircraft system or unmanned aircraft prior to taking action under subparagraphs (C) through (F) of subsection (b)(1), unless doing so would—
endanger the safety of members of the armed forces or civilians;
create a flight risk or result in the destruction of evidence; or
seriously jeopardize an investigation, criminal proceeding, or legal proceeding pursuant to subsection (c).
Nothing in this paragraph may be construed to limit the inherent right to self defense of a member of the armed forces.
in subsection (e)—
by striking paragraph (1) and inserting the following:
the interception, acquisition, maintenance, or use of, or access to, communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law;
in paragraph (2), by striking a function of the Department of Defense and inserting an action described in subsection (b)(1);
by striking paragraph (3) and inserting the following:
records of such communications are maintained only for as long as necessary, and in no event for more than 180 days unless the Secretary of Defense determines that maintenance of such records—
is necessary to investigate or prosecute a violation of law or to directly support an ongoing security operation; or
is required under Federal law or for the purpose of any litigation;
in paragraph (4)—
by striking subparagraph (A) and inserting the following:
is necessary to support an ongoing action described in subsection (b)(1);
in subparagraph (B), by striking ; or and inserting a semicolon;
by redesignating subparagraph (C) as subparagraph (D);
by inserting after subparagraph (B) the following new subparagraph:
is necessary to support the counter unmanned aircraft systems activities of another Federal agency with authority to mitigate the threat of unmanned aircraft systems or unmanned aircraft in mitigating such threats; or
in subparagraph (D), as redesignated by clause (iii), by striking the period at the end and inserting ; and;
by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (j), (k), (l), respectively;
by inserting after subsection (e) the following:
Claims for loss of property, injury, or death pursuant to actions under subsection (b) may be made consistent with chapter 171 of title 28, and chapter 163 of this title, as applicable.
in subsection (h), as redesignated by paragraph (6), by striking March 1, 2018 and inserting March 1, 2026;
by inserting after subsection (h), as so redesignated, the following:
Not later than 180 days after the date of the enactment of this subsection, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees and publish on a publicly available website a report summarizing all detection and mitigation activities conducted under this section during the previous year to counter unmanned aircraft systems.
Each report under paragraph (1) shall include—
information on any violation of, or failure to comply with, this section by personnel authorized to conduct detection and mitigation activities, including a description of any such violation or failure;
data on the number of detection activities conducted, the number of mitigation activities conducted, and the number of instances of communications interception from an unmanned aircraft system;
whether any unmanned aircraft that experienced mitigation was engaged in or attempting to engage in activities protected under the First Amendment to the Constitution of the United States;
whether any unmanned aircraft or unmanned aircraft system was properly or improperly seized, disabled, damaged, or destroyed and an identification of any methods used to seize, disable, damage, or destroy such aircraft or system; and
a description of the efforts of the Federal Government to protect privacy and civil liberties when carrying out detection and mitigation activities under this section to counter unmanned aircraft systems.
Each report required under paragraph (1) shall be submitted and published in unclassified form, but may include a classified annex.
by striking subsection (k), as so redesignated, and inserting the following:
This section shall terminate on December 31, 2030.
in subsection (l), as so redesignated—
in paragraph (1)—
in subparagraph (B), by inserting the Committee on Homeland Security and Governmental Affairs, after the Committee on the Judiciary,; and
in subparagraph (C), by inserting the Committee on Homeland Security, after the Committee on the Judiciary,; and
in paragraph (3)—
in subparagraph (C), by redesignating clauses (i) through (ix) as subclauses (I) through (IX), respectively, and moving those subclauses, as so redesignated, two ems to the right;
by redesignating subparagraphs (A) through (C) as clauses (i), (ii), and (iii), respectively, and moving those clauses, as so redesignated, two ems to the right; and
in the matter preceding clause (i), as redesignated by clause (ii), by striking means any facility or asset that— and inserting “means—
any facility or asset that—
in clause (iii), as redesignated by clause (ii)—
in subclause (VIII), as redesignated by clause (i), by striking ; or and inserting a semicolon;
in subclause (IX), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following new subclauses:
protection of the buildings, grounds, and property to which the public are not permitted regular, unrestricted access and that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property pursuant to section 2672 of this title;
assistance to Federal, State, or local officials in responding to incidents involving nuclear, radiological, biological, or chemical weapons, high-yield explosives, or related materials or technologies, as well as support pursuant to section 282 of this title or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq); or
activities listed in section 2692(b) of this title; or
by adding at the end the following:
any personnel associated with a facility or asset specified under subparagraph (A) while engaged in direct support of a mission of the Department of Defense specified in clause (iii) of such subparagraph.
The Armed Forces are authorized strengths for active duty personnel as of September 30, 2026, as follows:
The Army, 454,000.
The Navy, 344,600.
The Marine Corps, 172,300.
The Air Force, 321,500.
The Space Force, 10,400.
The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2026, as follows:
The Army National Guard of the United States, 328,000.
The Army Reserve, 172,000.
The Navy Reserve, 57,500.
The Marine Corps Reserve, 33,600.
The Air National Guard of the United States, 106,300.
The Air Force Reserve, 67,500.
The Coast Guard Reserve, 7,000.
The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
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.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2026, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
The Army National Guard of the United States, 30,845.
The Army Reserve, 16,511.
The Navy Reserve, 10,132.
The Marine Corps Reserve, 2,400.
The Air National Guard of the United States, 25,982.
The Air Force Reserve, 6,311.
The minimum number of military technicians (dual status) as of the last day of fiscal year 2026 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
For the Army National Guard of the United States, 22,294.
For the Army Reserve, 6,492.
For the Air National Guard of the United States, 10,744.
For the Air Force Reserve, 6,697.
The number of temporary military technicians (dual status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection.
Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position.
During fiscal year 2026, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
The Army National Guard of the United States, 17,000.
The Army Reserve, 13,000.
The Navy Reserve, 6,200.
The Marine Corps Reserve, 3,000.
The Air National Guard of the United States, 16,000.
The Air Force Reserve, 14,000.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2026.
Section 526(a) of title 10, United States Code, is amended—
in paragraph (3), by striking 171 and inserting 168; and
in paragraph (5), by striking 21 and inserting 24.
Section 7037 of title 10, United States Code, is amended by adding at the end the following new subsection:
If the Judge Advocate General is removed from office before the end of the term of the Judge Advocate General as specified in subsection (a), the Secretary of Defense shall, not later than five days before the removal takes effect, submit to the Committees on Armed Services of the Senate and the House of Representatives notice that the Judge Advocate General is being removed and a statement of the reason for the removal.
Section 8088 of title 10, United States Code, is amended by adding at the end the following new subsection:
If the Judge Advocate General is removed from office before the end of the term of the Judge Advocate General as specified in subsection (b), the Secretary of Defense shall, not later than five days before the removal takes effect, submit to the Committees on Armed Services of the Senate and the House of Representatives notice that the Judge Advocate General is being removed and a statement of the reason for the removal.
Section 9037 of title 10, United States Code, is amended by adding at the end the following new subsection:
If the Judge Advocate General is removed from office before the end of the term of the Judge Advocate General as specified in subsection (a), the Secretary of Defense shall, not later than five days before the removal takes effect, submit to the Committees on Armed Services of the Senate and the House of Representatives notice that the Judge Advocate General is being removed and a statement of the reason for the removal.
Section 806 of title 10, United States Code (article 6 of the Uniform Code of Military Justice) is amended—
by redesignating subsections (a) through (d) as subsections (b) through (e), respectively;
by inserting before subsection (b), as redesignated by paragraph (1), the following new subsection:
Judge advocates subject to this chapter must be—
admitted to the practice of law before the highest court of a State, Territory, Commonwealth, or the District of Columbia, and maintain an active license to practice before such court;
subject to the jurisdiction’s disciplinary review process; and
in compliance with such other requirements as the cognizant authority has set to remain eligible to practice law.
The Judge Advocates General of the Army, Navy, Air Force, and Coast Guard and the Staff Judge Advocate to the Commandant of the Marine Corps may suspend the authority of judge advocates in their respective services to perform legal duties if such officers become noncompliant with the requirements in paragraph (1). Judge advocates and legal officers suspended or disbarred from the practice of law within a jurisdiction shall not perform legal duties.
Section 827(b) of title 10, United States Code (article 27(b) of the Uniform Code of Military Justice) is amended by amending paragraph (1) to read as follows:
must be a judge advocate who is qualified under section 806(a)(1) of this title (article 6(a)(1)); and
Section 824a(b)(1) of title 10, United States Code (article 24a(b)(1) of the Uniform Code of Military Justice) is amended by amending subparagraph (A) to read as follows:
is a judge advocate who is qualified under section 806(a)(1) of this title (article 6(a)(1)); and
Section 619a(b)(3) of title 10, United States Code, is amended—
by striking subparagraph (A); and
redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.
Section 618(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:
The Secretary of Defense shall notify the congressional defense committees of the removal of the name of an officer from the report of a selection board by the President or the Secretary or Deputy Secretary of Defense under paragraph (1) or paragraph (2), respectively, for any reason other than misconduct—
not later than 30 days after the name of an officer is removed; and
prior to submission to the Senate of a promotion list with respect to such report pursuant to section 624(c) of this title.
Section 629(a) of title 10, United States Code, is amended by adding at the end the following: The President shall notify the congressional defense committees not later than 30 days after removing the name of an officer from such list for any reason other than misconduct..
Section 14111(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
The Secretary of Defense shall notify the congressional defense committees of the removal of the name of an officer from the report of a selection board by the President or the Secretary or Deputy Secretary of Defense under paragraph (1) or paragraph (2), respectively, for any reason other than misconduct—
not later than 30 days after the name of an officer is removed; and
prior to submission to the Senate of a promotion list with respect to such report pursuant to section 12203 of this title.
Section 525 of title 10, United States Code, is amended—
in subsection (a)—
in the matter preceding paragraph (1), by inserting or the Space Force officer list after officer on the active duty list; and
in paragraph (5)—
in subparagraph (A), by striking officers in the grade of general and inserting officers on sustained duty orders in the grade of general;
in subparagraph (B), by striking officers in a grade above and inserting officers on sustained duty orders in a grade above; and
in subparagraph (C), by striking officers in the grade and inserting officers on sustained duty orders in the grade; and
in subsection (h), by adding at the end the following new paragraph:
The limitations of this section do not apply to a Space Force general officer serving in a Space Force active status but not on sustained duty orders, and who is on active service for a period in excess of 365 days but not to exceed three years. Unless authorized by the Secretary of Defense, the number of Space Force general officers covered by this subsection and not serving in a joint duty assignment for purposes of chapter 38 of this title may not exceed two. Not later than 30 days after authorizing more than two Space Force general officers covered by this subsection, the Secretary of Defense shall provide the notification required in accordance with paragraph (2).
Section 526 of such title is amended—
in subsection (c)—
in the subsection heading, by inserting and of the Space Force after components;
in paragraph (1), by inserting or of the Space Force after a reserve component;
in paragraph (2), by adding at the end the following new subparagraph:
The Secretary of the Air Force may authorize not more than two of the general officers authorized to serve in the Space Force under section 20110 of this title to serve on active service for a period of at least 180 days and not longer than 365 days.
in paragraph (3)(A), by inserting , or a Space Force general officer in a Space Force active status not on sustained duty, after a reserve component; and
in subsection (d)—
in paragraph (1), by striking officer; or and inserting officer;;
in paragraph (2), by striking the period at the end and inserting ; or; and
by adding at the end the following new paragraph:
a Space Force officer in the grade of brigadier general or above who is pending transition off of sustained duty orders, but only during the 60-day period preceding the end date of such orders.
Chapter 2003 of such title is amended by adding at the end the following new section:
The authorized strength of general officers in the Space Force serving in a Space Force active status but not on sustained duty is five.
The following Space Force general officers shall not be counted for purposes of this section:
Those counted under section 526 of this title.
Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed two.
A Space Force general officer may not be reduced in permanent grade because of a reduction in the number authorized under subsection (a).
The limitations of subsection (a) do not apply to an officer released from a joint duty assignment or other non-joint active service assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active service assignment. The Secretary of Defense may authorize the Secretary of the Air Force to extend the 60-day period by an additional 120 days, except that not more than three Space Force officers may be covered by an extension under this subsection at the same time.
During the period beginning on the date of the enactment of this Act and ending on September 30, 2027, the percentage limitation in section 1370(b)(5)(C) of title 10, United States Code, shall be equal to 15 percent of the authorized active-duty strength for that fiscal year for officers of that Armed Force in the applicable grade.
Section 12686(b) of title 10, United States Code, is amended by striking an order to active duty that specifies a period of less than 180 days and inserting an order to active duty that specifies a period of less than 365 days.
The Secretary of the Navy (or a designee of the Secretary) shall—
direct the disestablishment of the Navy Reserve Center system;
transfer all Navy reserve administrative readiness functions to the responsibility and cognizance of Navy reserve unit commanding officers or Navy reserve community directors, as appropriate; and
reassign each member of an active or reserve component of the Navy assigned to the Navy Reserve Center system as of the date of the enactment of this Act within the active or reserve component of the member or transfer the member to the inactive reserve, as applicable.
Under regulations prescribed by the Secretary of the Army—
an officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard;
an officer of the Army National Guard transferred to the inactive Army National Guard pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit;
a warrant officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; and
a warrant officer of the Army National Guard transferred to the inactive Army National Guard pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.
Under regulations prescribed by the Secretary of the Air Force—
an officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard; and
an officer of the Air National Guard transferred to the inactive Air National Guard pursuant to paragraph (1) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.
Chapter 3 of title 32, United States Code, is amended—
by redesignating section 329 as section 330; and
by inserting after section 328 the following new section:
When a Governor has declared an emergency due to a disaster, the Secretary of Defense may authorize the Governor to direct National Guard personnel serving under section 328 of this title to perform duties in response to, or in preparation for, such disaster.
The disaster response duty described in subsection (a)—
may be performed to the extent that the performance of the duty does not interfere with the performance of the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components; and
shall not exceed 14 days per person per calendar year unless the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.).
A member described in subsection (a) is not an instrumentality of the United States with respect to any act or omission in carrying out a disaster response duty pursuant to this section. The United States shall not be responsible for any claim or judgment arising from the use of National Guard personnel under this section.
In this section:
The term disaster response duty means duty performed by a member of the National Guard at the direction of the Governor of the State and pursuant to an emergency declaration by such Governor in response to a disaster or in preparation for an imminent disaster.
The term State means each of the several States, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.
Section 710 of title 32, United States Code, is amended by adding at the end the following new subsection:
Any funds received by the National Guard Bureau from a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands as reimbursement under this section for the use of military property—
shall be credited to—
the appropriation, fund, or account used in incurring the obligation; or
an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made; and
may only be used by the Department of Defense for the repair, maintenance, or other similar functions related directly to assets used by National Guard units while operating under State active duty status.
Section 514 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 20001 note) is amended—
by redesignating subsection (k) as subsection (l); and
by inserting after subsection (j) the following new subsection:
Nothing in this section shall be construed as—
authorizing the transfer of a member of the Air National Guard of the United States other than on a one-time basis as specified in subsection (c); or
setting future precedent with respect to waiving the applicability of any provision of title 32.
Section 8081 of title 10, United States Code, is amended by adding at the end the following new subsection:
The Chief of Naval Personnel shall be responsible for overall management, oversight, and administration of Navy military and civilian employees.
Section 524 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 1071 note) is amended—
in the matter preceding paragraph (1), by striking Not later than 90 days after the date of the enactment of this Act, the Secretary and inserting The Secretary;
in paragraph (1), by adding at the end the following: The Secretary concerned may require submission of a statement of contention as part of the appeal submission.; and
by amending paragraph (2) to read as follows:
If the member submits a formal appeal, the Secretary concerned shall conduct a fitness for duty determination consisting of either a records review or an impartial appellate hearing, as determined by the Secretary.
Section 1214 of title 10, United States Code, is amended by striking if he demands it. and inserting if the member demands it. The Secretary concerned may require submission of a statement of contention as part of the demand..
Section 702 of title 10, United States Code, is amended—
by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;
by inserting after subsection (b) the following new subsection:
An academy cadet or midshipman diagnosed with a medical condition is allowed convalescent leave under section 701(m) of this title.
in subsection (d), as redesignated by paragraph (1), by striking Sections 701 and inserting Except as provided under subsection (c), sections 701.
Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments, in consultation with the Secretary of Veterans Affairs, shall establish a status identifier or equivalent recognition to denote the combat participation of remotely piloted aircraft (RPA) crew members who conduct operations in direct support of combat missions. The identifier shall be designed to enable appropriate consideration by the Department of Veterans Affairs in the administration of benefits and services that account for combat-related service, consistent with how traditional combat designators are treated.
Nothing in this section shall be construed to require the Department of Defense to categorize service described in subsection (a) as equivalent to service involving physical presence in a combat zone.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and implement a policy to ensure that registered sex offenders that reside or work on military installations are identified to the respective military community, including, as necessary, through agreements with State and local law enforcement agencies.
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 assessing the advisability and desirability of designating the Department of Defense as a jurisdiction for purposes of notification requirements under the Sex Offender Registration and Notification Act (title I of Public Law 109–248; 42 U.S.C. 16901 et seq.).
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 the activities, progress, and performance metrics of the Sexual Assault Prevention and Response Office (SAPRO) for the preceding quarter.
Each report submitted under subsection (a) shall include the following elements:
Updates on the implementation status of ongoing and new SAPRO initiatives, including any reforms mandated by statute, executive order, or internal Department of Defense directive.
Metrics on reported sexual assault cases, broken down by military service and component, including status of case processing and outcomes.
Updates on the staffing, resourcing, and activities of the Office of Special Trial Counsel.
Performance metrics and outcome-based evaluations of prevention programs and training effectiveness.
Progress towards meeting the Department’s goals related to survivor care, victim advocacy, and commander accountability.
Interagency coordination and alignment with civilian best practices or recommendations from external advisory bodies.
Any challenges, shortfalls, or recommendations for legislative or policy changes to improve effectiveness.
Each report shall be submitted in unclassified form, but may contain a classified annex if necessary.
Section 7442(a) of title 10, United States Code, is amended by striking 9 ranked or unranked alternates and inserting up to 14 ranked or unranked alternates.
Section 8454 of title 10, United States Code, is amended—
in the section heading, by striking number and inserting appointment; numbers, territorial distribution; and
in subsection (a), by striking 9 ranked or unranked alternates and inserting up to 14 ranked or unranked alternates.
Section 9442(a) of title 10, United States Code, is amended by striking 9 ranked or unranked alternates and inserting up to 14 ranked or unranked alternates.
Subsection (c)(1) of section 2154 of title 10, United States Code, as added by section 555 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1896), is amended by inserting asynchronously and after course of instruction.
Chapter 751 of title 10, United States Code, is amended by inserting after section 7406 the following new section:
There is an Army University. The Army University shall integrate all of the professional military education institutions within the Army into a single educational structure to provide economic policy, governance, and innovation to such institutions.
Component centers and schools of the Army University include the following:
The Army War College.
The United States Army Command and General Staff College.
The Army Warrant Officer Career College.
The Army Management Staff College.
The Western Hemisphere Institute for Security Cooperation.
Any additional colleges, centers of excellence, and schools that the Secretary of the Army determines appropriate.
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report detailing the Department of Defense’s plan to obtain Military Education Level One (MEL–1) credit for the Strategic Thinkers Program (STP).
The report required under paragraph (1) shall include—
a detailed assessment of how the STP enhances strategic thought and decision-making among military and civilian leaders;
a history of the utilization of past graduates of the STP;
a plan to identify specific positions in the Department that will best utilize the skills and abilities of future program graduates;
a description of the measures to obtain MEL–1 credit for completing STP, including recommendations on current authorities that could be utilized to grant MEL–1 credit to program graduates;
recommendations for expanding participation among military officers and civilian officials; and
an implementation timeline and associated resourcing requirements.
The Secretary of Defense shall designate an appropriate office within the Department to manage the STP and implement MEL–1 credit for STP completion. The designated office shall provide an annual briefing to the congressional defense committees on the status of awarding MEL–1 credit, program effectiveness, and any legislative or funding adjustments necessary to support continued program success.
Section 570F of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1142 note) is amended—
in subsection (c)—
by striking out the form to indicate an email address and inserting the following: “out the form to indicate—
an email address
in paragraph (1), as designated by subparagraph (A), by striking the period at the end and inserting ; and;
by adding at the end the following new paragraph:
if the individual would like to opt-out of the transmittal of the individual’s information to and through a State veterans agency as described in subsection (a).
by amending subsection (d) to read as follows:
Information on an individual shall be transmitted to and through a State veterans agency as described in subsection (a) unless the individual indicates pursuant to subsection (c)(2) that the individual would like to opt out of such transmittal.
Such section is further amended by adding at the end the following new subsection:
The Secretary of Defense shall seek to enter into memoranda of understanding or other agreements with the State veterans agencies described in subsection (a) to create or modify a Department system to store and transfer information under this section to information systems of such State veterans agencies.
The Secretary shall ensure that any agreement entered into under paragraph (1) is in compliance with—
applicable provisions of law relating to privacy and personally identifiable information; and
applicable policies relating to cybersecurity of Department information systems and State information systems.
Such section is further amended by adding at the end the following new subsection:
Information transferred under this section may only be used by a State for the purpose of providing or connecting veterans to benefits or services as described in subsection (a).
The Secretaries of the military departments shall ensure that all members of the Armed Forces in their respective departments are trained annually in government ethics and standards of conduct.
The Secretaries of the military departments shall ensure that all members of the Armed Forces in their respective departments are trained on the following topics, including within 90 days of a mobilization or deployment, as applicable:
The law of armed conflict.
Rules of engagement.
Defense support for civil authorities.
Standing rules for the use of force.
The Code of Conduct.
The Service Academies may not consider race, sex, color, ethnicity, national origin, or religion in admissions decisions.
In this section, the term Service Academy has the meaning given the term in section 347 of title 10, United States Code.
The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy do not permit a person whose sex is male to participate in an athletic program or activity that is designated for women or girls.
Nothing in this section shall be construed to prohibit a recipient from permitting males to train or practice with an athletic program or activity that is designated for women or girls so long as no female is deprived of a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution, or any other benefit that accompanies participating in the athletic program or activity.
In this section—
the term athletic programs and activities includes all programs or activities that are provided conditional upon participation with any athletic team; and
the term sex means a person’s reproductive biology and genetics at birth.
Section 553 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2592), and the amendments made by such section, are repealed.
Section 7448(a) of title 10, United States Code, is amended—
in paragraph (2), by inserting , except as provided under paragraph (5), after That; and
by adding at the end the following new paragraph:
That, upon graduation, a cadet may seek employment as a professional athlete or Olympic athlete if the cadet is drafted or signs a free agent contract with a professional sports entity, in which case the cadet will incur a five-year service obligation upon employment as a professional or Olympic athlete and will, if no longer employed as a professional or Olympic athlete, return as a regular officer in the active component for a five-year service obligation. If the cadet is ineligible to return to active service, the cadet shall repay the government for the cost of his or her education.
Section 8459(a) of title 10, United States Code, is amended—
in paragraph (2), by inserting , except as provided under paragraph (5), after That; and
by adding at the end the following new paragraph:
That, upon graduation, a midshipman may seek employment as a professional athlete or Olympic athlete if the midshipman is drafted or signs a free agent contract with a professional sports entity, in which case the midshipman will incur a five-year service obligation upon employment as a professional or Olympic athlete and will, if no longer employed as a professional or Olympic athlete, return as a regular officer in the active component for a five-year service obligation. If the midshipman is ineligible to return to active service, the midshipman shall repay the government for the cost of his or her education.
Section 9448(a) of title 10, United States Code, is amended—
in paragraph (2), by inserting , except as provided under paragraph (5), after That; and
by adding at the end the following new paragraph:
That, upon graduation, a cadet may seek employment as a professional athlete or Olympic athlete if the cadet is drafted or signs a free agent contract with a professional sports entity, in which case the cadet will incur a five-year service obligation upon employment as a professional or Olympic athlete and will, if no longer employed as a professional or Olympic athlete, return as a regular officer in the active component for a five-year service obligation. If the cadet is ineligible to return to active service, the cadet shall repay the government for the cost of his or her education.
Section 1142(c)(1) of title 10, United States Code, is amended—
by redesignating subparagraph (M) as subparagraph (R); and
by inserting after subparagraph (L) the following new subparagraphs:
Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).
The employment status of other adults in the household of the member.
The location of the duty station of the member (including whether the member was separated from family while on duty).
The effects of operating tempo and personnel tempo on the member and the household of the member.
Of the amount authorized to be appropriated for fiscal year 2026 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $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).
In this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
Of the amount authorized to be appropriated for fiscal year 2026 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $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).
Of the amount authorized to be appropriated for fiscal year 2026 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $20,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities.
Not later than September 30, 2026, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive.
The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall implement the following measures to improve staffing of special education teachers and staff at schools operated by the Activity:
Require the inclusion, in the staffing model for a school, of service minutes required by the individualized education programs of students attending the school to more effectively determine appropriate staffing for the school.
Collect the following data on underutilized special education staff members:
When such staff members are requested to transfer to a school with greater needs for such staff members.
How many requests for such transfers the Activity receives.
Whether such requests are approved or denied, and at what locations.
Once such a request is received, the likelihood that the transfer occurs.
Collect data on the turnover of special education teachers and staff, including reasons for departure.
Review access to and requirements for crisis training, publicize Activity-wide policies with respect to such training for consistency, and expand such training to relevant special education teachers and staff, such as paraeducators, who are not required, as of the date of the enactment of this Act, to receive such training.
Require district and regional administrators to track training requirements for special education teachers and staff to ensure that such teachers and staff are meeting such requirements.
The Secretary, acting through the Director, shall implement the following measures to improve and clarify guidance relating to special education provided by schools operated by the Department of Defense Education Activity:
Review the list of types of disabilities recognized by the Activity as of the date of the enactment of this Act and determine if that list meets the most recent best practices for special education.
Standardize and implement instructions for providing special education materials to students across schools operated by the Activity.
Develop and implement a plan for standardizing special education training across the Activity.
Standardize reading intervention guidance and requirements across schools operated by the Activity, including by requiring each school and district operated by the Activity to have the same resources and instructions, and provide clear guidance on how to access additional support materials if required.
Not later than April 1, 2026, the Director shall brief the Committees on Armed Services of the Senate and the House of Representatives on the following:
Coordination by the Department of Defense Education Activity with the Educational and Developmental Intervention Services programs of the military departments to determine what medical services the military departments are required to provide based on the needs of students attending schools operated by the Activity.
A description of the process in effect as of the date of the briefing, if any, to resolve a dispute with respect to required services under a student’s individualized education program.
A description of issues pending, and resolutions of previous issues, under that process.
An assessment of how support instructional specialists can better assist teachers with developing curriculum for special education students.
A description of how the Activity provides services in the case of civilian or military dependents with severe medical or special education requirements that a school cannot meet, including any data on how many such cases arise an annual basis and in what locations.
A description of the process in effect as of the date of the briefing for reassigning a family from a school located outside the United States if the education needs of a child in the family cannot be met at that school and data, for the 5 school years preceding the briefing, on where such reassignments have been done and the frequency of such reassignments.
An assessment of the pay scale for special education teachers and staff in effect as of the date of the briefing, an identification of the last time the pay scale was updated, a description of how the pay scale is determined, and a statement of how often the pay scale is updated.
Data on school and district-level requests for additional reading intervention curriculum, including the locations of such requests and whether such requests were approved or denied.
The Director shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress made in implementing the measures described in subsection (a)—
not later than 180 days after the date of the enactment of this Act; and
every 180 days thereafter until the Director certifies that each such measure has been implemented.
Section 1404(d)(1) of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923(d)(1)) is amended by adding at the end the following new subparagraph:
Children of employees of the American Red Cross who—
are performing, on a full-time basis, services for the Armed Forces, including emergency services; and
reside in an overseas area supported by a school of the defense dependents' education system.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall update existing regulations on student use of portable electronic mobile devices in Department of Defense Education Activity (DODEA) schools to prohibit disruption in the learning environment by minimizing the use of such mobile devices to the greatest extent practicable and to standardize such regulations across all DODEA schools.
Not later than 60 days after completion of the updated regulations required under subsection (a), the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the updated regulations, including—
relevant evidence taken into consideration on the use of portable electronic mobile devices in and around the classroom on learning outcomes and social dynamics;
a description of how the regulations have standardized policies across all DODEA schools;
an assessment of the influence, if any, of public-school policies on mobile devices at school or in the classroom; and
any other matters the Secretary determines relevant.
The Director of the Department of Defense Education Activity shall require schools operated by the Activity—
to offer to administer and, if such an offer is accepted, administer at least one college admissions test to each student in the eleventh grade; and
to provide the parents of each such student with the option for the student to take a college admissions test of the parents' choice, including any test that the Secretary determines to be appropriate.
The Secretary of Defense may—
direct the Secretaries of the military departments—
to identify gaps between existing early child care needs and available eligible child care providers;
to use resources of the Department of Defense to support eligible child care providers in recruitment and retention of employees, including through professional development and financial incentives for such employees; and
to seek to enter into an interagency partnership with a Federal agency with the ability to place national service participants and volunteers trained in education services, including senior volunteer programs, at military child development centers in accordance with applicable national service laws and with all the benefits accorded to such participants and volunteers; and
provide training and resource subsidies to eligible child care providers and networks of such providers.
In this section:
The term eligible child care provider has the meaning given that term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
The term military child development center has the meaning given that term in section 1800 of title 10, United States Code.
The Secretary of Defense shall require all counselors assigned to a Family Advocacy Program or Military and Family Life program at a military installation in the United States to be trained in the requirements and resources relating to foster care of the State in which the installation is located.
A counselor who has received training under paragraph (1) shall be known as a foster care liaison.
The Secretary shall require Military OneSource to include a mechanism for military families to obtain information on foster care, including the requirements and resources relating to foster care of each State.
The Secretary shall seek guidance from the Administration for Children and Families of the Department of Health and Human Services with respect to obtaining resources relating to foster care for military families, including curricula for training under paragraph (1).
The Secretary of Defense may develop and implement a pilot program to assess the effectiveness of increasing compensation or other benefits for employees of child development programs on military installations in improving the ability of such programs to recruit and retain such employees.
If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall provide for the payment of compensation to employees of child development programs under the pilot program at a fair and competitive wage that maintains sustainable and high-quality child care conditions.
If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall select not fewer than three military installations for purposes of carrying out the pilot program.
In selecting military installations under paragraph (1), the Secretary shall consider military installations with child development programs—
with a shortage of qualified employees; or
subject to other conditions identified by the Secretary that affect the ability of the programs to operate at full capacity.
The Secretary may prescribe such regulations as are necessary to carry out this section.
If the Secretary implements the pilot program authorized by subsection (a), the pilot program shall—
commence on the date on which the Secretary prescribes regulations under subsection (d); and
terminate on the date that is 3 years after the date described in paragraph (1).
If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, when the pilot program commences in accordance with subsection (e)(1), brief the Committees on Armed Services of the Senate and the House of Representatives on—
the military installations selected under subsection (c) for purposes of carrying out the pilot program;
the data that informed those selections; and
the compensation or other benefits to be offered under the pilot program.
If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, not later than 180 days before the pilot program terminates in accordance with subsection (e)(2), brief the Committees on Armed Services of the Senate and the House of Representatives on the outcomes and findings of the pilot program, including—
data collected and analyses conducted under the pilot program with respect to the relationship between increased compensation for employees of child development programs and improved recruitment or retention of those employees; and
any recommendations with respect to increases in compensation or other benefits for employees of child development programs across the Department of Defense as a result of the pilot program.
In this section, the term child development program means a program to provide child care services for children, between birth through 12 years of age, of members of the Armed Forces and civilian employees of the Department of Defense.
Not later than September 30, 2027, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the unmet need for child care in areas with populations of members of the Armed Forces that includes—
an assessment of—
the unmet need for each military installation, specifically those families who have no childcare at all;
the military families on the waitlist for a child development center on an installation who may be using a family childcare home or fee assistance until they can get off of the waitlist; and
areas where there may be significant challenges providing care to dependents under the age of 5;
a review of the efforts of the Department of Defense to recruit and retain eligible child care providers; and
a plan for meeting the unmet need for child care.
In this section, the term appropriate committees of Congress means—
the Committee on Armed Services of the Senate; and
the Committee on Armed Services of the House of Representatives.
The Secretary of each military department shall provide to members of the Armed Forces serving on active duty access to legal services provided by an attorney specializing in guardianship transfers in each State in which a military installation is located.
Not later than September 1, 2026, the Secretary of each military department shall brief the Committees on Armed Services of the Senate and the House of Representatives on the following:
A plan for implementing the requirement to provide access to legal services described in subsection (a).
Any challenges associated with implementation of that requirement.
Data on the number of members of the Armed Forces with guardianship of incapacitated adult dependents or a plan to gather such data.
Any other matters the Secretary considers relevant.
The Secretary concerned may not issue a policy under section 2031(d)(1)(B) of title 10, United States Code, that requires a former officer or noncommissioned officer to have more than 8 years of service to serve as a Junior Reserve Officers’ Training Corps instructor.
The Secretary concerned may pay to a member or former member of the Armed Forces under the jurisdiction of the Secretary a one-time bonus of not more than $10,000 if the member or former member—
agrees to be an instructor for the Junior Reserve Officers' Training Corps under section 2031(d) of title 10, United States Code; and
serves as such an instructor for not less than one academic year.
Not later than one year after the date of the enactment of this Act, and annually thereafter until the termination date described in subsection (c), the Secretary of Defense shall brief the congressional defense committees on—
the use of the authority provided by subsection (a); and
the effectiveness of bonuses provided under subsection (a) on increasing the number of instructors for the Junior Reserve Officers' Training Corps.
The authority provided by subsection (a) terminates on the date that is five years after the date of the enactment of this Act.
In this section, the term Secretary concerned has the meaning given that term in section 101 of title 10, United States Code.
Section 545(a) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended to read as follows:
Section 2031 of title 10, United States Code, is amended, in the first subsection designated subsection (i), by striking support not fewer than 3,400, and not more than 4,000, units and inserting support not fewer than 3,600, and not more than 4,200, units.
Section 1563a of title 10, United States Code, is amended—
in subsection (a)—
in paragraph (1)—
by striking the Secretary may make an honorary promotion (whether or not posthumous) of a former and inserting the Secretary of a military department is authorized to make an honorary promotion, including a posthumous honorary promotion, for a former; and
by striking if the Secretary determines that the promotion is merited; and
by striking paragraph (2) and inserting the following:
The honorary grade given to a member described in paragraph (1) shall be commensurate with such member’s contributions to the armed forces or the national defense.
The authority shall not be used to award an honorary promotion solely on the basis that an individual described in paragraph (1) was recommended for such promotion prior to separating from service.
The Secretaries of the military departments are only authorized to make an honorary promotion under paragraph (1) upon receipt of a favorable recommendation by a board of at least three independent officers convened specifically for the purpose of reviewing the proposed honorary promotion.
in subsection (b), by striking The Secretary and inserting The Secretaries of the military departments; and
in subsection (c), by striking Secretary and inserting Secretaries of the military departments.
Chapter 1 of title 36, United States Code, is amended by adding at the end the following new section:
The last full week of September is the National Week of Military Recruitment.
The President is requested to issue each year a proclamation calling on the people of the United States to observe the National Week of Military Recruitment with appropriate ceremonies and activities.
The table of sections for chapter 1 of title 36, United States Code, is amended by inserting after the item relating to section 148 the following new item:
Section 546 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 520 note) is amended—
in subsection (c), by adding at the end the following new paragraph:
The Secretary concerned may exclude from the population to be considered for purposes of determining the percentage limitations imposed by section 520(a) of title 10, United States Code, any enlisted person who has graduated from a future servicemember preparatory course established pursuant to this section with a score on the Armed Forces Qualification Test that is at or above the thirty-first percentile, provided that—
the Armed Forces Qualifications Test score that is at or above the thirty-first percentile is obtained within the same fiscal year in which the individual was originally enlisted to serve on active duty; and
such score is obtained during the period the individual was originally enlisted to serve on active duty, as determined by the Secretary concerned.
in subsection (d)—
by redesignating paragraphs (1) through (6) as paragraphs (3) through (8), respectively;
by inserting before paragraph (3), as redesignated by subparagraph (A), the following new paragraphs:
Percentage of nonprior service enlisted accessions scoring below the thirty-first percentile on the Armed Forces Qualification Test upon original enlistment.
Percentage of nonprior service enlisted accessions scoring below the thirty-first percentile on the Armed Forces Qualification Test following graduation from the preparatory course or subsequent reclassification, as applicable.
in paragraph (5), as so redesignated, by striking prepatory and inserting preparatory.
Section 503(c)(1)(A) of chapter 31 of title 10, United States Code, is amended—
by amending clause (i) to read as follows:
shall provide military recruiters the same access to the campus of each secondary school served by the local educational agency for the purpose of recruiting students who are at least 17 years of age that is provided to any prospective employer, institution of higher education, or other recruiter;
in clause (ii), by striking provide to military recruiters access to and inserting facilitate upon request made by military recruiters for military recruiting purposes not fewer than four in-person recruitment events per academic year, across different grading periods, which may include; and
by amending clause (iii) to read as follows:
shall provide to military recruiters within 60 days of the commencement of the academic year, and thereafter within 30 days of a recruiter request, access to secondary school student names, academic grade, addresses, electronic mail addresses (which shall be the electronic mail addresses provided by the school, if available), and telephone and mobile phone listings, notwithstanding subsection (a)(5) of section 444 of the General Education Provisions Act (20 U.S.C. 1232g).
Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that Department of Defense policies and procedures are consistent with section 3(h)(1)(H) of the Government Charge Card Abuse Prevention Act of 2012 (Public Law 112–194; 5 U.S.C. 5701 note) and related implementing guidance, regarding the prompt deactivation and closure of government-issued travel charge card accounts upon the separation, retirement, or termination of military or civilian personnel.
Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing—
actions taken to verify consistent implementation of deactivation and closure policies for government-issued travel charge cards across the military departments and defense agencies;
any gaps or inconsistencies identified in the execution of current policy; and
recommendations, if any, to improve compliance, oversight, or prevention of unauthorized card use following personnel separation.
Section 402 of title 37, United States Code, is amended—
in subsection (b)—
by striking paragraph (1) and inserting the following new paragraph (1):
The monthly rate of basic allowance for subsistence to be in effect for an enlisted member for a year (beginning on January 1 of that year) shall be—
except as provided by clause (ii), equal to the monthly cost of a liberal food plan for a male in the United States who is between 19 and 50 years of age, as determined by the Secretary of Agriculture each October 1; and
in the case of such a member who is subject to monthly deduction from pay for meals under section 1011(b) of this title, the amount computed under clause (i) reduced by the amount of such deduction from pay, in accordance with policies prescribed by the Secretary of Defense.
The monthly rate of basic allowance for subsistence to be in effect for an enlisted member for a year under subparagraph (A)(i) may not decrease relative to the rate in effect for the preceding year.
by striking paragraph (3); and
in subsection (d), in the matter preceding paragraph (1), by striking subsection (b)(1) and inserting subsection (b)(1)(A)(i).
Chapter 19 of title 37, United States Code, is amended by adding at the end the following new section:
The Secretary of Defense shall ensure that each pay statement issued to a member of the Armed Forces includes, for each type of pay, allowance, and deduction listed on the statement, a brief and plain-language description of—
the statutory or regulatory authority under which the pay, allowance, or deduction is made;
the purpose of the pay, allowance, or deduction;
the criteria for determining eligibility of the member for the pay, allowance, or deduction; and
possible changes in the eligibility of the member for the pay, allowance, or deduction, including the circumstances under which the pay, allowance, or deduction may be suspended, expire, or modified.
The descriptions required to be included on a pay statement under paragraph (1) shall be—
accessible directly on the pay statement; and
presented in language easily understood by individuals without specialized knowledge of military finance, accounting, or law.
The requirements of section 1016 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay statements issued on or after the date that is 180 days after the date of the enactment of this Act.
The Secretary of Defense shall seek to improve transparency of the calculation of the basic allowance for housing under section 403 of title 37, United States Code, by—
developing a clear, accessible document that explains how rates of the basic allowance for housing are determined, including methodology and types of data sources used, which shall be—
reviewed and updated not less frequently than annually and as rates and calculation methods change; and
made available on a publicly accessible internet website and distributed across all relevant components of the Department of Defense; and
providing to members of the Armed Forces when such members experience a permanent change of station, permanent change of assignment, change in dependency status, change in grade, or any other event that may impact their eligibility for or rate of basic allowance for housing—
the information included in the document developed under paragraph (1); and
an explanation of the type of rental housing the rate of basic allowance for housing received by such members is intended to support in each locality.
Consistent with the recommendations of the 14th Quadrennial Review of Military Compensation issued under section 1008(b) of title 37, United States Code, the Secretary shall—
develop a methodology to compute rates of the basic allowance for housing using an approach based on the number of bedrooms in a housing unit and incorporating available and verified occupied rental market data;
conduct a pilot program using the methodology developed under paragraph (1); and
using that methodology, set notional rates for the basic allowance for housing for 2026 and 2027 for a minimum of 10 military housing areas.
Not later than February 1, 2027, the Secretary shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives that includes—
a comparison of the notional rates set under subsection (b)(3) with the actual rates for basic allowance for housing for 2026 and 2027;
a comparison of the advantages and disadvantages of—
the methodology used as of the date of the enactment of this Act for setting rates for the basic allowance for housing; and
using the methodology developed under subsection (b)(1) for setting such rates;
a determination of whether the methodology developed under subsection (b)(1) is more or less likely than the methodology described in paragraph (2)(A) to ensure that rates for the basic allowance for housing are set based upon a 95 percent statistical confidence that the estimated median rent is within 10 percent of the actual median rent in local military housing areas;
a cost estimate for 2027 under both the methodology described in paragraph (2)(A) and the methodology developed under subsection (b)(1);
an identification of any additional legislative authority required to fully implement the methodology developed under subsection (b)(1); and
the recommendation of the Secretary with respect to whether to implement the use of the methodology developed under subsection (b)(1) and the timing for such implementation.
Consistent with the recommendations of the 14th Quadrennial Review of Military Compensation issued under section 1008(b) of title 37, United States Code, and not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a 12-month educational campaign to improve the understanding and awareness of members of the Armed Forces and their families with respect to the major components of monetary and nonmonetary military compensation.
At a minimum, the campaign required by subsection (a) shall address—
the elements of regular military compensation (RMC), as defined in section 101(25) of title 37, United States Code;
special and incentive pays;
the calculation of retired pay for length of service;
educational assistance programs and benefits;
health care for members of the Armed Forces serving in active components and their families; and
nonmonetary benefits.
Not later than March 1, 2026, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall—
commence a review of each area designated under section 351(a)(3) of title 37, United States Code, to determine whether the area is one in which a member of the uniformed services is subject to imminent danger of physical injury due to threat conditions; and
submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review, including any changes to designations under that section that result from the review.
Not later than March 1, 2031, and every 5 years thereafter, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall conduct a review described in subsection (a)(1).
Not later than 60 days after completing a review under paragraph (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 review, including any changes to designations under that section that result from the review.
If, at any time between the submission of reports required by subsections (a)(2) and (b)(2), the Secretary of Defense or the Secretary of a military department conducts a review of areas designated under section 351(a)(3) of title 37, United States Code, and makes a change to any such designation, that Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review and the change not later than 60 days after the change is made.
Section 602(d) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 37 U.S.C. 357 note) is amended—
in paragraph (2)—
by striking In making and inserting the following:
In making
by adding at the end the following new subparagraphs:
Not later than June 1, 2026, the Secretary shall complete the evaluation required by subparagraph (A) with respect to aviation incentive pay under section 334 of title 37, United States Code. In conducting that evaluation, the Secretary shall make a specific determination with respect to the percentage of such aviation incentive pay, if any, that is paid specifically to maintain skill certification or proficiency under section 357 of title 37, United States Code.
Not later than June 1, 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a detailed report on the special and incentive pay assessment framework, required by the Senate report accompanying the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31), that includes the Secretary’s plan and timeline for implementing such framework.
by adding at the end the following new paragraph:
Not later than January 1, 2027, the Secretary concerned shall begin making aviation incentive payments under section 357 of title 37, United States Code, pursuant to the determination made under paragraph (2)(B).
The Secretary of Defense shall establish a pilot program to assess the feasibility and advisability of paying incentive pay to certain enlisted members of the Armed Forces with degrees in their fields of specialty to improve the retention of such members.
Under the pilot program required by subsection (a), the Secretary concerned may pay monthly incentive pay to a member of the Armed Forces who—
is an enlisted member;
has less than 4 years of service in the Armed Forces;
has a degree in the member's field of specialty, as determined by the Secretary concerned; and
commits to reenlisting.
The pilot program required by subsection (a) shall terminate on the date that is 5 years after the date of the enactment of this Act.
After the termination under subsection (c) of the pilot program required by subsection (a), the Secretary shall submit to the congressional defense committees a report on the effectiveness of the pilot program in retaining highly qualified members that includes an assessment of—
the effect of the pilot program on retention rates;
satisfaction of members with the pilot program; and
the overall cost-effectiveness of the pilot program.
In this section, the term Secretary concerned has the meaning given that term in section 101 of title 10, United States Code.
Section 638a(a)(2) of title 10, United States Code, is amended by striking December 31, 2025 and inserting December 31, 2030.
Section 4403(i) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 note) is amended by striking December 31, 2025 and inserting December 31, 2030.
Section 1175a(k)(1) of title 10, United States Code, is amended by striking December 31, 2025 and inserting December 31, 2030.
Not later than 30 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness and the Secretary of the Army, in coordination with the Commander of the United States Army Pacific, shall designate United States Army Garrison Kwajalein Atoll as a remote and isolated military installation.
Not later than 30 days after the date on which the designation described in subsection (a) is completed, the Secretary of the Army shall submit a notification to the congressional defense committees confirming completion of the designation.
Not later than 90 days after the date on which the Secretary of the Army submits the notification described in subsection (b), the Commander of the United States Army Pacific shall brief the congressional defense committees on adjustments to Department of Defense resourcing for and support to United States Army Garrison Kwajalein Atoll as a result of the designation described in subsection (a).
In this section, the term remote and isolated military installation means a military installation determined to be remote and isolated pursuant to the criteria set forth in Department of Defense Instructions 1015.10 and 1015.18, dated July 6, 2009, and May 30, 2024, respectively.
The Secretary of Defense shall designate Creech Air Force Base, Indian Springs, Nevada, as a remote or isolated installation.
Section 992 of title 10, United States Code, is amended—
in subsection (b)(2), by adding at the end the following new subparagraph:
The Secretary concerned may, subject to the applicable requirements of this section, enter into contracts to provide counseling under this paragraph with individuals and organizations that provide counseling with respect to housing, including—
organizations that are certified under section 106(e) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(e)); and
other individuals and organizations the Secretary concerned determines are qualified to provide helpful, unbiased counseling with respect to housing.
in subsection (f)(3), by striking and mortgages and inserting mortgages, and other financial products related to the purchase or lease of a primary residence (and information on fees related to such products).
The Secretary of Defense shall establish a program to provide Government-funded transportation for unaccompanied members of the Armed Forces from designated overseas locations to the members' homes of record, or to other locations of comparable or lesser cost, in accordance with this section.
Transportation under this section may be provided to a member of the Armed Forces who—
is assigned to an overseas duty location designated by the Secretary for purposes of this section;
is serving an unaccompanied tour of at least 24 consecutive months at such location, including any authorized extensions; and
is otherwise eligible in accordance with implementing regulations prescribed by the Secretary.
Transportation under this section may be provided using military air in accordance with established space-available policies or through commercial air travel, as determined appropriate by the Secretary.
The Secretary may prescribe limitations on the number of authorized trips per overseas tour, and may restrict travel during certain periods at the beginning or end of such tours.
The Secretary shall prescribe regulations to implement this section, including the designation of eligible overseas duty locations and specified destinations.
Transportation provided under this section shall be subject to applicable restrictions, including compliance with the Department of Defense Foreign Clearance Guide, and limitations on the use of Government travel cards for any leisure-related expenses.
Except as provided by paragraph (2) or (3), the Secretary of Defense may not enter into a contract for the procurement of seafood that originates or is processed in the People’s Republic of China for use in military dining facilities, including galleys onboard United States naval vessels.
The Secretary of Defense, or a designee of the Secretary, may grant exceptions to the prohibition under paragraph (1) to facilities on military installations located outside of the United States if such prohibition would unduly burden or prevent seafood from being served at such facility.
The Secretary of Defense, or a designee of the Secretary, may grant exceptions to the prohibition under paragraph (1) to United States vessels visiting foreign ports.
The Secretary of Defense may waive the prohibition under paragraph (1).
Section 2484 of title 10, United States Code, is amended by adding at the end the following new subsection:
Except as provided by paragraph (2), raw or processed seafood or seafood products originating in the People’s Republic of China may not be sold at commissary stores.
The Secretary of Defense may waive the prohibition under paragraph (1).
Section 2481(c)(4) of such title is amended—
in subparagraph (D), by striking ; and and inserting a semicolon;
by redesignating subparagraph (E) as subparagraph (F); and
by inserting after subparagraph (D) the following new subparagraph (E):
an assessment of compliance with the prohibition under section 2484(l) of this title; and
The prohibition under subsection (l) of section 2484 of title 10, United States Code, as added by paragraph (1), shall apply on and after the date that is 30 days after the date of the enactment of this Act.
The Director of the Defense Commissary Agency may determine how to dispose of any stock covered by the prohibition under subsection (l) of section 2484 of title 10, United States Code, as added by paragraph (1), that remains as of the date described in subparagraph (A).
The prohibitions under this section, and the amendments made by this section, shall take effect 90 days after the date of the enactment of this Act.
Not later than January 1, 2027, the Comptroller General of the United States shall conduct a study on the structure and execution of the casualty assistance and long-term care programs of the Armed Forces.
In conducting the study required by subsection (a), the Comptroller General shall assess options—
to improve the standardization of the selection and management of casualty assistance officers across the Armed Forces, including standardized tour lengths similar to military recruiters;
to improve the standardization, quality, and proficiency of training for casualty assistance officers across the Armed Forces in requisite policies, procedures, and knowledge of entitlements, benefits, and financial obligations surviving families may encounter;
to develop a Defense-wide survivor contact registry allowing surviving families to voluntarily provide contact information to ensure periodic check-ins with surviving families during significant milestones following the death of a member of the Armed Forces; and
to develop an integrated Defense-wide long-term care program for surviving families, modeled on the Army’s Survivor Outreach Services, that provides information about survivor entitlements and access to expert case managers and counselors.
Not later than 180 days after completing the study required by subsection (a), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
the results of the study;
recommendations relating to the options assessed under subsection (b); and
a plan for implementing those recommendations.
Section 1073d(f)(2) of title 10, United States Code, is amended—
by striking information demonstrating;
by striking the extent and all that follows through the period at the end and inserting the following:; and
by adding at the end the following:
An endorsement from the Chairman of the Joint Chiefs of Staff that the proposed modification will have no effect on operational requirements of the armed forces.
An endorsement from the Surgeon General of the military department concerned that the proposed modification will have no effect on the training or readiness of military medical personnel in the military department concerned.
An assessment from the Director of the Defense Health Agency that explains how members of the armed forces and covered beneficiaries receiving services at the facility will continue to receive care.
Section 1077(a)(16)(B)(ii) of title 10, United States Code, is amended by inserting or TRICARE Select before the period at the end.
The Secretary of the Air Force, in coordination with the Director of the Defense Health Agency, shall assess the behavioral health and social health conditions of members of the Air Force assigned to Creech Air Force Base, Nevada, and their families related to such assignment.
In carrying out the assessment required under subsection (a), the Secretary of the Air Force shall use tools such as site assistance visits, behavioral health epidemiological consultations, and community-wide assessments.
The assessment required under subsection (a) shall—
establish the behavioral health and social health outcomes that impact individual, family, and unit readiness at Creech Air Force Base;
identify factors, to include unique social and occupational stressors, affecting the behavioral health and social health of members of the Air Force and their families stationed at Creech Air Force Base; and
make recommendations to address those factors and to improve the health and readiness of members of the Air Force and their families stationed at Creech Air Force Base, and in doing so, advancing the readiness of the Air Force.
Not later than March 1, 2026, the Secretary of the Air Force shall brief the Committees on Armed Services of the Senate and the House of Representatives on the methods used to conduct the assessment required under subsection (a) and on the findings and recommendations of the assessment.
The Secretary of Defense, in accordance with regulations prescribed by the Secretary, shall authorize medical personnel of the Department of Defense to provide sexual assault medical forensic examinations, in a military medical treatment facility on a nonreimbursable basis, to an individual who—
is not otherwise eligible for health care from the Department;
reports a sexual assault offense for which the Defense Criminal Investigative Service may initiate an investigation; and
is eligible for a forensic examination in accordance with those regulations.
The regulations prescribed under subsection (a) may provide for the handling, storage, and transfer to law enforcement of a completed sexual assault medical forensic examination kit.
Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:
The Secretary of Defense shall ensure that fertility-related care for a member of the uniformed services on active duty (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select.
In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a), coverage under such subsection shall include—
not fewer than three completed oocyte retrievals; and
unlimited embryo transfers provided in accordance with the guidelines of the American Society for Reproductive Medicine, using single embryo transfer when recommended and medically appropriate.
In this section:
The term infertility means a disease, condition, or status characterized by—
the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine;
the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or
the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing of the individual.
The term fertility-related care means—
the diagnosis of infertility; and
fertility treatment.
The term fertility treatment includes the following:
In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate.
Sperm retrieval.
Egg retrieval.
Preservation of human oocytes, embryos, or sperm.
Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination.
Transfer of reproductive genetic material.
Medications as prescribed or necessary for fertility.
Fertility treatment coordination.
Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense.
Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section:
The Secretary of Defense shall establish a program on the coordination of fertility-related care by the Secretary for purposes of ensuring patients receive timely fertility-related care.
In carrying out the program established under subsection (a), the Secretary shall provide to community health care providers training and support with respect to the unique needs of members of the uniformed services and the dependents of such members.
In this section, the term fertility-related care has the meaning given that term in section 1074p(c) of this title.
Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Fertility-related care shall be provided in accordance with section 1074p of this title.
Section 1086 of title 10, United States Code, is amended—
in subsection (c), in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d) and (j); and
by adding at the end the following new subsection:
A plan contracted for under subsection (a) may not include coverage for services under section 1074p of this title for former members of the uniformed services or dependents of former members of the uniformed services.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations or subregulatory guidance regarding the implementation of the amendments made by this section.
The amendments made by this section shall apply with respect to services provided on or after October 1, 2027.
Nothing in this section or the amendments made by this section shall be construed—
to provide new benefits to or alter existing benefits for former members of the uniformed services or the dependents of former members of the uniformed services; or
to authorize the Secretary of Defense to make payments related to human cloning, artificial womb technology, or international surrogacy.
Chapter 55 of title 10, United States Code, is amended by inserting after section 1093 the following new section:
Funds available to the Department of Defense may not be used to perform or facilitate sex change surgeries.
No military medical treatment facility or other facility of the Department of Defense may be used to perform or facilitate a sex change surgery.
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1093 the following new item:
Section 1073c of title 10, United States Code, is amended—
by redesignating subsections (a) through (j) as subsections (b) through (k), respectively;
by inserting before subsection (b), as redesignated by paragraph (1), the following:
There is in the Defense Health Agency a Director.
The Director of the Defense Health Agency shall—
be a military officer and hold a rank that is the same or greater than the rank of any officer serving as the Surgeon General of a military department under section 7036, 8031, or 9036 of this title; and
be a joint qualified officer in accordance with section 661 of this title.
in subsection (b), as redesignated by paragraph (1)—
in paragraph (1), in the matter preceding subparagraph (A), by striking , by not later than September 30, 2021;
in paragraph (2), in the matter preceding subparagraph (A), by striking , commencing when the Director begins to exercise responsibilities under that paragraph,; and
in paragraph (6), by striking subsections (b) and (c) and inserting subsections (c) and (d);
in subsection (f), as so redesignated, in the matter preceding paragraph (1), by striking Not later than September 30, 2024, and subject to subsection (f) and inserting Subject to subsection (g);
in subsection (g), as so redesignated, in the matter preceding paragraph (1), by striking subsection (e) and inserting subsection (f); and
in subsection (h), as so redesignated, by striking subsection (e)(1) and inserting subsection (f)(1).
Section 1091a(b)(2) of such title is amended by striking section 1073c(i) and inserting section 1073c(k).
The Secretary of Defense shall establish policies for the priority assignment of medical personnel of the Department of Defense.
The Secretary of each military department shall assign medical personnel within that military department consistent with the policies established under subsection (a) and in coordination with the Director of the Defense Health Agency.
If, in the judgment of the Secretary of Defense, the Secretary of a military department fails to comply with the assignment priorities established under subsection (a), the Secretary may authorize the Director of the Defense Health Agency to reassign medical personnel of that military department in accordance with the policies established under subsection (a).
Not later than 90 days after the effective date of any reassignment under paragraph (1), the Director of the Defense Health Agency shall brief the Committees on Armed Services of the Senate and the House of Representatives on such reassignment.
Notwithstanding section 1104 of title 10, United States Code, the Secretary of Defense shall seek to establish a demonstration program to expand partnerships between covered medical facilities of the Department of Defense and the Department of Veterans Affairs.
The purpose of the demonstration program under subsection (a) is to increase case volume for graduate medical education programs of the Department of Defense.
In seeking to establish a demonstration program under subsection (a), the Secretary of Defense shall make efforts to ensure the following:
Credentialing and privileging of medical personnel as necessary to work in any covered medical facility.
Expedited access to installations of the Department of Defense for the purpose of providing medical care under the demonstration program to non-Department of Defense beneficiaries.
Inclusion of in-kind or non-cash payment or reimbursement for expenses incurred under the demonstration program.
Not later than December 1, 2026, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation of this section.
In this section, the term covered medical facility means—
a medical facility of the Department of Defense with a certified graduate medical education program; and
any medical facility of the Department of Veterans Affairs.
This section shall terminate on September 30, 2032.
Section 2733a of title 10, United States Code, is amended—
in subsection (a), by striking subsection (h) and inserting subsection (i);
in subsection (b)(6), by striking subsection (h) and inserting subsection (i);
in subsection (d)(1), by striking subsection (h) and inserting subsection (i);
by re-designating subsections (g) through (k) as subsections (h) through (l), respectively; and
by inserting after subsection (f) the following new subsection:
Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Judge Advocates General of the Army, the Navy, and the Air Force.
The third-party review board established under paragraph (1) shall consist of not more than five members, all of whom possess sufficient legal or medical background, or both.
A claimant under this section that seeks an appeal under paragraph (1) may submit the appeal directly to the third-party review board established under such paragraph.
In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph (1) shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature.
The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph (1) a copy of any response to the appeal that is submitted on behalf of the Department of Defense.
The third-party review board established under paragraph (1) shall not consist of any member of the uniformed services or civilian employee of the Department of Defense.
Not later than 180 days after the effective date described in subsection (d), the Judge Advocates General of the Army, the Navy, and the Air Force shall jointly appoint members to the board established under subsection (g)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5).
Not later than 180 days after the establishment of the board required under subsection (g)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report indicating—
the membership of the board;
the qualifying background of each member of the board; and
a statement indicating the independence of each member of the board from the Department of Defense.
This section, and the amendments made by this section, shall take effect on the date that is 10 years after the date of the enactment of this Act.
The Secretary concerned, in consultation with each of the States (through the Defense-State Liaison Office of the Department of Defense), the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Secretary of Labor, shall develop recommendations to improve the transition of medics under the jurisdiction of the Secretary concerned into the civilian workforce in health care occupations, including as certified nurse aides, licensed practical nurses, or medical assistants.
In carrying out subsection (a), the Secretary concerned shall—
identify any barriers—
to improving the ability of the Secretary concerned to determine and communicate how the military credentials and experience of a medic separating from the Armed Forces translate to credentialed civilian employment in health care occupations;
that exist to the standardization among the Armed Forces of military medic credentials and experience and the alignment of such credentials and experience to credentialed civilian employment in health care occupations;
that exist to ensuring members of the Armed Forces with military medic credentials and experience have earned the equivalent civilian credential prior to separation from the Armed Forces in addition to receiving their military credentials;
to the increased establishment and uptake of accelerated or bridge programs to assist separating members of the Armed Forces in translating military credentials and experience into civilian health care credentials and employment;
to increasing the availability and accessibility of preparatory activities under the SkillBridge program established under section 1143(e) of title 10, United States Code, in the health care sector for members of the Armed Forces preparing for separation, to include—
the approval timeline for separating members to participate in SkillBridge programs in the health care sector; and
requirements to return to their duty station for out-processing; and
to providing information on civilian health care credentials and employment under the Transition Assistance Program to medics separating from the Armed Forces, including information on State-by-State licensing and credentialing; and
consider the potential impact of—
clarification by States through legislation, actions of State licensing boards, or actions of State credentialing boards of the civilian equivalents of certain military credentials and experience in health care;
implementation, including through State-provided incentives, of accelerated programs to bridge military medic credentials and experience with civilian health care credentials and licenses;
financial support or incentives by States to increase the availability and accessibility of such programs;
requiring the military departments to align military health care credentials with civilian equivalents; and
requiring the Department of Veterans Affairs and the Department of Labor to track and report the number of separated members of the Armed Forces with health care-related military credentials and experience who continue in the civilian health care sector, including the type of employment they pursue.
Not later than 180 days after the date of the enactment of this Act, the Secretary concerned shall submit to the relevant committees of Congress a report containing—
the recommendations developed under subsection (a); and
a plan to implement those recommendations.
In this section:
The term medic means a member of the Armed Forces acting in a clinical health care-related occupation while serving in the Armed Forces.
The term relevant committees of Congress means—
the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, and the Committee on Veterans’ Affairs of the Senate; and
the Committee on Armed Services, the Committee on Education and the Workforce, and the Committee on Veterans’ Affairs of the House of Representatives.
The term Secretary concerned means—
the Secretary of Defense, with respect to matters concerning the Department of Defense; and
the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands that have a Defense-State Liaison Office.
The term Transition Assistance Program means the program of the Department of Defense for pre-separation counseling, employment assistance, and other transitional services provided under sections 1142 and 1144 of title 10, United States Code.
By not later than five years after the date of the enactment of this Act, the Director of the Defense Health Agency (in this section referred to as the Director) shall ensure that the accuracy of the provider directory under the TRICARE program for all specialty care provider types reaches an average accuracy across all specialty care providers of not less than 70 percent.
Average accuracy under subsection (a) shall be measured biannually and shall be disaggregated by provider type for each specialty care provider group.
The Director shall ensure that each managed care contract under the TRICARE program includes requirements that the managed care contractor comply with the accuracy requirement under subsection (a), including by requiring each such contractor to—
conduct comprehensive outreach campaigns, to include electronic and non-electronic means, and mass email campaigns to network providers providing—
information relating to T–5 Contract penalties associated with inaccurate provider directory information;
resources; and
direct links for providers to update their directory information;
make it a condition of joining the TRICARE network managed by such contractor for providers to validate their provider directory information not less frequently than quarterly;
ensure that when providers file for reimbursement, such providers are prompted to review and verify their directory accuracy; and
create a mechanism by which beneficiaries under the TRICARE program can report provider directory inaccuracy to the contractor.
The Director shall carry out any other methods that the Director finds useful for the improvement of provider directory accuracy.
Not less frequently than quarterly, the Inspector General of the Department of Defense shall conduct random tests, encompassing all specialty care provider types, of the accuracy of information relating to specialty care providers contained in the provider directory under the TRICARE program.
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Director shall submit a report and provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on progress towards reaching the average accuracy target required under subsection (a).
Each report under paragraph (1) shall include, at a minimum, the following:
A description of the techniques that are most effective in improving accuracy of provider directories.
An identification of the authorities or tools that the Defense Health Agency lacks for improving such accuracy.
An identification of challenges specific to each specialty care provider type that limit such accuracy.
An assessment of the impact of efforts of the Defense Health Agency towards improving such accuracy on providers either leaving the TRICARE program or on the willingness of non-network providers to join the TRICARE program.
Not later than one year after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall—
conduct a holistic review of provider directory accuracy under the TRICARE program to measure the progress of the Director towards meeting the requirement under subsection (a); and
submit to Congress a report on the review conducted under paragraph (1).
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review all processes and forms relating to health care provider credentialing and privileging of covered applicants to—
identify questions, required disclosures, or other information required to be provided by the applicant that asks or requires the applicant to disclose mental, behavioral, psychological, or other related health conditions of the applicant, including requirements contained in—
applications for credentialing, peer reference, or competency assessment; and
employee manuals, guidance, and policies of the Department of Defense governing the requirements for credentialing, privileging, or employment of health care providers;
review and compare credentialing, peer reference, and competency assessment forms for health care providers across the military departments and the Defense Health Agency, including a review of—
which forms require disclosure of mental, behavioral, psychological, or other related health conditions; and
whether such disclosure of mental, behavioral, psychological, or other related health conditions include past and current diagnoses and treatment.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the following:
The findings of the review require under subsection (a).
A detailed plan outlining steps the Secretary has taken or will take, including a timeline for completion of such steps, to update the processes and forms reviewed under such subsection to refrain from requiring disclosures of mental, behavioral, psychological, or other related health conditions when there is no current impairment, including an identification of the steps the Secretary will take to engage advocates outside the Department of Defense who have subject matter expertise.
In this section, the term covered applicant means an applicant for a position as a health care provider who—
is required to go through a credentialing and privileging process; and
provides care—
at a military medical treatment facility or other clinic of the Department of Defense; or
through the civilian network of the TRICARE program (as defined in section 1072 of title 10, United States Code).
The Secretary of Defense, in consultation with the Secretary of the Army, shall conduct an assessment of the adequacy of health care services available to covered beneficiaries under the TRICARE program located at Fort Leonard Wood, Missouri.
The assessment required by subsection (a) shall include the following elements:
An evaluation of the ability of the local area to provide adequate access to care for the covered beneficiary population surrounding Fort Leonard Wood.
An evaluation of potential impacts to access and quality of care for such beneficiaries if the General Leonard Wood Army Community Hospital were to be realigned, downgraded, or have its scope of services reduced.
An evaluation of the ability to establish additional partnerships with the Department of Veterans Affairs for the provision of health care service at the General Leonard Wood Army Community Hospital.
Such other matters as the Secretary considers relevant for determining the continued viability of the General Leonard Wood Army Community Hospital.
The Secretary of Defense may not close, downgrade, or reduce the scope of care offered by the General Leonard Wood Army Community Hospital unless—
the Secretary—
completes the assessment required by subsection (a) and delivers such assessment to the Committees on Armed Services of the Senate and the House of Representatives; and
certifies to the Committees on Armed Services of the Senate and the House of Representatives that any such changes would not reduce or degrade the health care services available to covered beneficiaries and the local community; and
the Chief of Staff of the Army certifies to the Committees on Armed Services of the Senate and the House of Representatives that there will be no degradation of medical readiness of units assigned to Fort Leonard Wood as a result of any changes to the status of the General Leonard Wood Army Community Hospital.
Not later than 90 days after the date on which the President submits a budget for fiscal year 2027 to Congress pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense, in consultation with the Secretary of each military department, shall submit to the congressional defense committees a comprehensive, strategic infectious disease medical research plan (referred to in this section as the Plan).
The Plan shall describe—
all infectious disease medical research conducted by the Department of Defense, including the coordination process, to ensure that such research is linked to—
military readiness;
joint force requirements; and
relevance to individuals eligible for care at military medical treatment facilities or through the TRICARE program (as defined in section 1072(7) of title 10, United States Code);
the infectious disease research projects funded under the Defense Health Program Account under section 1100 of title 10, United States Code, including projects under—
the Congressional Directed Medical Research Program of the Department of Defense;
the Defense Advanced Research Projects Agency;
the United States Army Medical Research Institute of Infectious Diseases;
the Chemical and Biological Defense Program; and
the Defense Threat Reduction Agency;
the process for ensuring synergy across the military medical research community—
to address gaps in military infectious disease research;
to minimize duplication of research;
to promote collaboration within research focus areas; and
to leverage and modernize the existing medical research and development infrastructure of the Department of Defense; and
the efforts of the Secretary to coordinate with other Federal departments and agencies to increase awareness of complementary infectious disease research efforts that are being carried out by the Federal Government.
The Secretary shall submit to the President, in conjunction with the materials of the Department of Defense supporting the fiscal year 2027 budget request submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, and annually thereafter in conjunction with each subsequent budget request through fiscal year 2032, a detailed budget for carrying out the Plan that includes—
the resources necessary for infectious disease medical research to carry out the activities described in subsection (b) for the applicable fiscal year and the 4 following fiscal years, disaggregated by the activities described in paragraphs (1) through (4) of subsection (b);
with respect to procurement accounts—
amounts displayed by account, budget activity, line number, line item, and line item title; and
a description of the requirements for such amounts specific to the Plan;
with respect to research, development, test, and evaluation accounts—
amounts displayed by account, budget activity, line number, program element, and program element title; and
a description of the requirements for such amounts specific to the Plan;
with respect to operation and maintenance accounts—
amounts displayed by account title, budget activity title, line number, and subactivity group title; and
a description of the specific manner in which such amounts will be used;
with respect to military personnel accounts—
amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
a description of the requirements for such amounts specific to the Plan;
with respect to each project under military construction accounts, the country, location, project title, and project amount by fiscal year;
with respect to the activities described in subsection (b)—
amounts displayed by account title, budget activity title, line number, and subactivity group title; and
a description of the specific manner in which such amounts will be used;
with respect to each military department—
amounts displayed by account title, budget activity title, line number, and subactivity group title; and
a description of the specific manner in which such amounts will be used;
with respect to the amounts described in each of paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and (8)(A) for a fiscal year—
a comparison between—
the amount requested in the budget of the President for such fiscal year; and
the amount projected in the previously submitted budget request of the President for such fiscal year;
a detailed summary of the amounts obligated for the Plan during the most recently concluded fiscal year; and
a detailed comparison between—
the amounts obligated for the Plan during the most recently concluded fiscal year; and
the amounts requested for the Plan in the budget of the President for the applicable fiscal year.
Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most recently amended by section 1421 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is amended by striking September 30, 2026 and inserting September 30, 2027.
Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which the Secretary shall develop and implement a comprehensive wastewater surveillance system at not fewer than four installations of a military department at which the Secretary seeks to improve the testing, identification, and analysis of usage of covered drugs and to identify the prevalence of infectious diseases among members of the Armed Forces at the installation (in this section referred to as the pilot program).
In carrying out the pilot program, the Secretary shall ensure the system developed and implemented under subsection (a) is comprised of appropriate technologies and a uniform data system across the Department of Defense.
In carrying out the pilot program, the Secretary shall establish, at a minimum—
at least one wastewater surveillance system for monitoring of use of covered drugs at one installation; and
at least one wastewater surveillance system for monitoring of infectious diseases at one installation.
The pilot program shall be carried out during a two-year period beginning on the date of the commencement of the pilot program.
Not later than 90 days after the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report that includes the following:
A summary of the findings from the wastewater surveillance system under the pilot program.
Recommendations for interventions or policy changes based on trends observed under the pilot program.
An assessment of the effectiveness of the pilot program in enhancing force health protection and readiness.
In this section, the term covered drug—
except as provided in paragraph (2), means a drug included on schedule I or schedule II established under section 202 of the Controlled Substances Act (21 U.S.C. 812); and
does not include a drug that—
was newly included on such schedule I or schedule II;
was previously approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); and
received such approval not later than 20 years before the date of the enactment of this Act.
Not less frequently than annually, the Secretary of Defense and the Secretary of Veterans Affairs shall conduct outreach to increase awareness among veterans enrolled in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, of the ability of those veterans to receive care at military medical treatment facilities.
The Secretary of Veterans Affairs shall ensure training for staff and contractors involved in scheduling, or assisting in scheduling, appointments for care under the community care program specifically includes training regarding options for referral to facilities and providers of the Department of Defense.
Subsection (g) of section 1703 of title 38, United States Code, is amended—
in the subsection heading, by inserting and preferred providers after network; and
by adding at the end the following new paragraph:
The Secretary shall consider providers under subsection (c)(2) to be preferred providers under this section.
The Secretary of Defense and the Secretary of Veterans Affairs shall develop and implement action plans at covered facilities—
to expand the partnership between the Department of Defense and the Department of Veterans Affairs with respect to the provision of health care;
to improve communication between the Department of Veterans Affairs and pertinent command and director leadership of military medical treatment facilities;
to increase utilization of military medical treatment facilities with excess capacity;
to increase case volume and complexity for graduate medical education programs of the Department of Defense and the Department of Veterans Affairs;
to improve resource sharing agreements or permits, as applicable, between the Department of Defense and the Department of Veterans Affairs, which would also ensure lessened barriers to shared facility spaces; and
to increase access to care for veterans described in subsection (a) in areas in which a military medical treatment facility is located that is identified by the Secretary of Defense as having excess capacity.
The action plans required under paragraph (1) shall include the following:
Cross-credentialing and privileging of health care providers, including nurses, medical technicians, and other support staff, to jointly care for beneficiaries in medical facilities of the Department of Defense and the Department of Veterans Affairs.
Expediting access to installations of the Department of Defense for staff and beneficiaries of the Department of Veterans Affairs.
Including in-kind or non-cash payment or reimbursement options for expenses incurred by either the Department of Defense or the Department of Veterans Affairs.
Allowing eligible veterans to seek certain services at military medical treatment facilities without referral or preauthorization from the Department of Veterans Affairs, for which reimbursement to the Department of Defense will be made .
The designation of a coordinator within each covered facility to serve as a liaison between the Department of Defense and the Department of Veterans Affairs and to lead the implementation of such action plan.
A mechanism for monitoring the effectiveness of such action plan on an ongoing basis, to include establishing relevant performance goals and collecting data to assess progress towards those goals.
Prioritize the integration of relevant information technology and other systems or processes to enable seamless information sharing, referrals and ancillary orders, payment methodologies and billing processes, and workload attribution when Department of Veterans Affairs personnel provide services at Department of Defense facilities or when Department of Defense personnel provide services at Department of Veterans Affairs facilities.
Any other matter that the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate.
Before implementing any action plan required under paragraph (1) at a covered facility or covered facilities, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that approval for the action plan is obtained from—
the co-chairs of the Department of Veterans Affairs-Department of Defense Joint Executive Committee established under section 320 of title 38, United States Code;
the local installation commander for the covered facility of the Department of Defense; and
the director of the relevant medical center of the Department of Veterans Affairs with respect to any covered facility or covered facilities of the Department of Veterans Affairs.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report containing the action plans required under paragraph (1).
Not later than one year after submitting the report required under subparagraph (A), the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report containing—
a status update on the progress of implementing the action plans required under paragraph (1); and
recommendations for developing subsequent action plans for each facility with respect to which there is a sharing agreement in place.
The Secretary of Defense and the Secretary of Veterans Affairs shall ensure that there is a lead coordinator at each facility of the Department of Defense or the Department of Veterans Affairs, as the case may be, with respect to which there is a sharing agreement in place.
The Secretary of Defense and the Secretary of Veterans Affairs shall maintain on a publicly available website a list of all sharing agreements in place between medical facilities of the Department of Defense and the Department of Veterans Affairs.
The Secretary of Defense and the Secretary of Veterans Affairs shall carry out this section notwithstanding any limitation or requirement under section 1104 of title 10, United States Code, or section 8111 of title 38, United States Code.
The Secretary of Defense and the Secretary of Veterans Affairs may use funds available in the DOD–VA Health Care Sharing Incentive Fund established under section 8111(d)(2) of title 38, United States Code, to implement this section.
Nothing in this section or the amendments made by this section shall be construed to require veterans to seek care in facilities of the Department of Defense.
Section 5503(d)(7) of title 38, United States Code, is amended by striking November 30, 2031 and inserting April 30, 2032.
In this section:
The term appropriate committees of Congress means—
the Committee on Armed Services and the Committee on Veterans Affairs of the Senate; and
the Committee on Armed Services and the Committee on Veterans Affairs of the House of Representatives.
The term community care program means the Veterans Community Care Program under section 1703 of title 38, United States Code.
The term covered facility means—
a military medical treatment facility ias defined in section 1073c(j) of title 10, United States Code; or
a medical facility of the Department of Veterans Affairs located nearby a military medical treatment facility described in subparagraph (A).
The term sharing agreement means an agreement for sharing of health-care resources between the Department of Defense and the Department of Veterans Affairs under section 1104 of title 10, United States Code, or section 8111 of title 38, United States Code.
The term veteran has the meaning given that term in section 101 of title 38, United States Code.
Section 1096 of title 10, United States Code, is amended—
in the section heading, by adding at the end the following ; medical surge program; and
by adding at the end the following new subsection:
The Secretary of Defense, in collaboration with the Secretary of Health and Human Services, shall carry out a program of record known as the Military-Civilian Medical Surge Program to—
support locations that the Secretary of Defense selects under paragraph (3)(B); and
enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (E) of paragraph (4).
The Secretary of Defense, acting through the National Center for Disaster Medicine and Public Health at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the operation, staffing, and deployment of the Program.
In carrying out the Program, the Secretary shall maintain requirements for staffing, specialized training, research, and education regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces.
In carrying out the Program, the Secretary shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary determines—
are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and
have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation.
The Secretary shall select not fewer than eight locations that are operationally relevant to the missions of the Department of Defense under the National Disaster Medical System and are aeromedical or other transport hubs or logistics centers in the United States for partnerships under subparagraph (A).
The Secretary may select more than eight locations under clause (i), including locations outside of the continental United States, if the Secretary determines such additional locations cover areas of strategic and operational relevance to the Department of Defense.
The Secretary shall ensure that the partnerships under paragraph (3)(A) allow for civilian medical personnel to quickly and effectively mobilize direct support to military medical treatment facilities and provide support to other requirements of the military health system pursuant to the following:
A declaration of a national emergency under the National Emergencies Act (50 U.S.C. 1621 et seq.).
A public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).
A declaration of war by Congress.
The exercise for the President of executive powers under the War Powers Resolution (50 U.S.C. 1541 et seq.).
Any other emergency or major disaster as declared by the President.
Not later than July 1, 2026, and annually thereafter, the Secretary shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives a report on the status, readiness, and operational capabilities of the Program.
Each report required under subparagraph (A) shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program.
Nothing in this subsection shall be construed to authorize the Department of Defense to control, direct, limit, or otherwise affect the authorities of the Secretary of Health and Human Services with respect to leadership and administration of the National Disaster Medical System, public health and medical preparedness and response, staffing levels, or resource allocation.
In this subsection:
The term institution of higher education means a four-year institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).
The term National Disaster Medical System means the system established under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).
The term Program means the Military-Civilian Medical Surge Program established under paragraph (1).
Section 1737(a) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following:
The term portfolio acquisition executive refers to the member of the acquisition workforce responsible for the overall management of requirements, programming, and acquisition of defense acquisition capabilities. These capabilities are assigned by the service acquisition executive or component acquisition executive. The portfolio acquisition executive has direct control over all necessary officials and functional support, including the ability to provide input into performance evaluations, to the maximum extent practicable. This authority provides them with all necessary authority to develop, procure, and sustain military capabilities. For purposes of managing requirements, the portfolio acquisition executive is subject to the authority, direction, and control of the chief of the military service, while remaining under the overall authority, direction, and control of the service acquisition executive or component acquisition executive. The Secretary of Defense shall ensure a minimum of non-statutory guidance and approvals issued by officials external to the portfolio acquisition executives.
Section 1731(a)(1)(B)(i) of title 10, United States Code, is amended by striking Program executive officer and inserting Portfolio acquisition executive.
Section 1735(c) of title 10, United States Code, is amended—
in the subsection heading, by striking Program executive officers and inserting Portfolio acquisition executive; and
by striking program executive officer and inserting portfolio acquisition executive.
Section 1706(a) of title 10, United States Code, is amended—
in paragraph (1), by striking Program executive officer and inserting Portfolio acquisition executive; and
in paragraph (2), by striking Deputy program executive officer and inserting Deputy portfolio acquisition executive.
Section 1707(c) of title 10, United States Code, is amended by striking program executive officer and inserting portfolio acquisition executive.
Section 1509 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 167b) is amended—
by striking program executive office each place that it appears and inserting portfolio acquisition executive office; and
in subsection (c), by striking program executive office in the subsection heading and inserting portfolio acquisition executive office.
Section 918(a)(2)(D)(ii) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 301 note) is amended by striking program executive officer and inserting portfolio acquisition executive.
Section 862 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1741 note) is amended—
in subsection (a)(2)(A), by striking program executive officers and inserting portfolio acquisition executives; and
in subsection (c)(1)—
in the paragraph heading, by striking program executive officer and inserting portfolio acquisition executive; and
by striking program executive officer and inserting portfolio acquisition executive.
Section 1764(b)(2) of title 10, United States Code, is amended by striking Program executive officer and inserting Portfolio acquisition executive.
Section 4025(g)(2)(C) of title 10, United States Code, is amended by striking program executive officer both places it appears and inserting portfolio acquisition executive.
Section 323 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1696) is amended by striking program executive officer and inserting portfolio acquisition executive.
Section 807 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 9081 note) is amended—
in subsection (b)(1)—
in the paragraph heading, by striking Program executive officer and inserting Portfolio acquisition executive; and
by striking program executive officer and inserting portfolio acquisition executive; and
in subsection (e)(6)—
in the paragraph heading, by striking Program executive officer and inserting Portfolio acquisition executive; and
by striking program executive officer and inserting portfolio acquisition executive.
Chapter 221 of title 10, United States Code, is amended by adding at the end the following new section:
The Secretary of each military department shall establish a capstone requirement approach for three or more portfolio acquisition executives for which that official has responsibility to enable greater speed, agility, and innovation in fielding military capabilities. Each such capstone requirement shall be established in consultation with the Joint Requirements Oversight Council.
Under the capstone requirements for an acquisition portfolio, the Secretary of the military department shall—
develop a general set of requirements for the acquisition portfolio in accordance with subsection (c) under which programs or projects may be initiated;
authorize the portfolio acquisition executive or similar portfolio manager for the portfolio to change the scope and requirements for programs within the portfolio, subject to subsection (d);
assign representatives of operational forces to the acquisition portfolio and authorize them to perform the functions specified in subsection (e);
maximize commercial market research, the use of commercial and nondevelopmental items, and minimum viable products to shape capability scope and requirements;
authorize the portfolio acquisition executive or similar portfolio manager to resource and acquire commercial or non-developmental items under the capstone requirement by validating the need with the representatives assigned under paragraph (3);
manage information technology requirements using dynamically prioritized lists of user needs rather than large static requirements documents; and
iteratively define, prioritize, and refine requirements at the portfolio, program, and iteration levels based on user input, previous deliveries, and continuous commercial market research.
The capstone set of requirements for an acquisition portfolio developed under subsection (b)(1) shall be designed—
to guide the iterative delivery of an integrated suite of capabilities to maximize operational impact;
to provide enduring themes based on strategic needs and relevant concepts of operation, not system-specific;
to include measures of force effectiveness for a force mix of capabilities to be measured against; and
to include kill chains, effects chains, vignettes of operational scenarios, the effect of timely delivery of capability, and related mission engineering initiatives across the Department of Defense.
The authority under subsection (b)(2)—
shall be carried out in consultation with operational commands and the Joint Requirements Oversight Council; and
does not include authority to change key performance parameters for a major defense acquisition program.
An operational representative assigned to an acquisition portfolio under subsection (b)(3) shall be provided authority—
to shape the vision and priorities for key capability areas;
to provide the acquisition community and developers insights into operations;
to provide feedback on interim developments;
to validate the suitability of existing commercial or non-developmental items, or the likelihood that the commercial market may be enticed to produce those items, or, as a last resort, validate that no commercial vendor will ever produce a suitable product and a developmental program is necessary;
to foster collaboration among the acquisition community, developers, and users of the capability to be fielded; and
to provide advice to the portfolio acquisition executive or similar portfolio manager.
Section 4211 of title 10, United States Code, is amended—
in subsection (b), by striking the Under Secretary of Defense for Acquisition and Sustainment, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program, and inserting the portfolio acquisition executive, or the decision authority, when the decision authority is the service acquisition executive of the military department or the Under Secretary of Defense for Acquisition and Sustainment,;
in subsection (c)—
in paragraph (1)—
by striking the Under Secretary, or the milestone decision authority, when the milestone decision authority is the service acquisition executive of the military department that is managing the program, and inserting the portfolio acquisition executive, or the decision authority, when the decision authority is the service acquisition executive of the military department or the Under Secretary of Defense for Acquisition and Sustainment,;
by amending subparagraph (A) to read as follows:
the strategy clearly describes the proposed business case and capability management approach for the program or system, and to the maximum extent practicable, describes how a portfolio of capabilities within an enduring set of requirements will be developed, procured, and fielded rather than detailing a specific end-item;
in subparagraph (B), by striking how the strategy is designed to be implemented with available resources, such as time, funding, and management capacity and inserting the resources, such as time, funding, and management capacity required to deliver the capability; and
by amending paragraph (2) to read as follows:
Each strategy shall, where appropriate, consider the following:
An approach that delivers required capabilities in increments, each depending on available mature technology, and that recognizes up front the need for future capability improvements or transitions to alternative end-items through use of continuous competition.
Requirements related to logistics, maintenance, and sustainment in accordance with sections 2464 and 2466 of this title, and the acquisition of technical data, computer software, and associated licenses, to enable such requirements in accordance with sections 3771 through 3775 of this title.
A process for collaborative interaction and market research with the science and technology community, including Department of Defense science and technology reinvention laboratories, government innovation cells, academia, small businesses, nontraditional defense contractors, and other contractors.
Identification of enterprise-wide designs and standards in support of an architecture that provides for an integrated suite of capabilities that focuses on simplicity of implementation and speed of delivery.
Overarching roadmaps that create integrated strategic schedules of legacy systems and new capabilities and a mapping of enduring requirements to elements of the portfolio of capabilities.
A contracting strategy that develops long-term partnerships with multiple companies to actively contribute to architectures, development, production, and sustainment across the portfolio of capabilities by decomposing large systems into smaller sets of projects across time and technical component.
An assignment of roles and responsibilities to the acquisition workforce within the portfolio acquisition executive, identification of external stakeholder dependencies, and the need for subject matter expert inputs at critical points in the program, including the need for special hiring authority or advisory and assistance services.
A process of testing and experimentation with the test community and end users to ensure continuous user feedback, acceptance, and development of concepts of operations.
by striking subsections (d) and (e) and inserting the following:
The decision authority shall review and approve, as appropriate, the acquisition strategy for a major defense acquisition program or major system prior to the acquisition decision memorandum and ensure that the strategy is updated at regular intervals to incorporate significant changes to program requirements, resourcing, or acquisition decisions.
In this section, the term decision authority, with respect to a major defense acquisition program or major system, means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program or system, including authority to approve entry of the program or system into the next phase of the acquisition process.
Section 4401 of title 10, United States Code, is amended to read as follows:
In this chapter:
The term authorized third party means an entity approved by the Department of Defense to access developer resources for integration or sustainment.
The term industry standards means widely adopted technical standards or protocols from recognized organizations.
The term machine-readable format means a format that can be easily processed by a computer without human intervention.
The term major system component —
means a high-level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through modular system interfaces; and
includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another major system component.
The term major system platform means the highest level structure of a system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed.
The term modular open systems approach (MOSA) means a system design approach using modular systems, enabling innovation and competition in the development, sustainment, or upgrade of weapon systems.
The term modular system refers to a weapon system or weapon system component that—
is able to execute independently without relying on the execution of other specific systems or components;
can communicate across component boundaries and through modular system interfaces; and
functions as a module that can be separated, recombined, and connected with other weapon systems or weapon systems components in order to achieve various effects, missions, or capabilities.
The term modular systems interfaces means a shared boundary between modular systems, defined by various physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software elements, that is free of proprietary restrictions and documented via a machine-readable format, including—
software-defined interface syntax and properties, specifically governing how values are validly passed to and received;
definition of the relationship between the delivered interface and interfaces available in the repositories established pursuant to section 4403 of this title; and
test cases, including example code, demonstrating the proper use of the modular systems interface.
The term operational data means government-owned data generated by or necessary for system operation, maintenance, or enhancement.
Section 4402 of title 10, United States Code, is amended by striking subsections (a) through (f) and inserting the following:
The Secretary of Defense shall ensure that every major defense acquisition program (as defined in section 4201 of this title) submits a modular open systems approach (MOSA) implementation plan within its acquisition strategy, detailing compliance with this section. Other defense acquisition programs shall incorporate MOSA to the maximum extent practicable.
In the case of a major defense acquisition program that uses a modular open system approach, the acquisition strategy required under section 4211 of this title shall—
clearly describe the modular open system approach to be used for the program;
differentiate between the major system platform and major system components being developed under the program, as well as major system components developed outside the program that will be integrated into the major defense acquisition program;
clearly describe the evolution of major system components that are anticipated to be added, removed, or replaced in subsequent increments;
clearly describe security classification requirements for each major system component as related to the modular system interface for that component;
clearly describe how intellectual property and related issues, such as technical data deliverables, that are necessary to support a modular open system approach, will be addressed; and
clearly describe the approach to systems integration and systems-level configuration management to ensure mission and information assurance.
Contracts for covered programs shall include enforceable clauses requiring delivery of data rights consistent with sections 3771 through 3775 of this title and modular systems interfaces as specified in subsection (c).
The Secretary of Defense may waive specific MOSA requirements, or deviate from the requirements in subsection (c), for a program only if—
deviation would demonstrably impair national security or operational capability; and
a detailed justification is submitted to the congressional defense committees not later than 30 days after issuing the waiver.
All covered programs shall require the use of modular systems, including—
modular systems interfaces published to the repositories established pursuant to section 4403 of this title;
delivery of sufficient data rights to share developer resources with authorized third parties for government purposes, as determined by the Secretary of Defense;
allowing for the use of existing industry standards for interfaces where applicable;
government ownership of operational data in a usable, nonproprietary format, extractable without original equipment manufacturer dependency; and
system designs allowing integration of new or substitute modules with minimal manual reconfiguration, provided they conform to relevant modular systems interfaces published to the repositories.
The Secretary of Defense, secretaries of military departments, and commanders of combatant commands with acquisition authorities shall not—
unless required for operational compatibility with existing legacy systems, mandate specific internal technical implementations, data structures, defense specific standards, or formats beyond the necessity that there are modular systems with modular systems interfaces published to the relevant repository; or
permit contracts restricting government control over developer resources or operational data, or locking the government into a single vendor, absent a national security exemption.
Contractors providing modular systems shall upload required modular systems interface data to an appropriate repository. Contract closeout shall not occur until such uploads are verified by the contracting officer.
Not later than one year after the date of the enactment of this subsection, the Under Secretary of Defense for Acquisition and Sustainment shall issue regulations and guidance to implement this section across military departments, Defense agencies, and combatant commands.
The requirements of this section shall not apply to programs with approved acquisition strategies at the time of the date of the enactment of this subsection.
Requirements shall not prescribe specific technologies or limit contractor innovation, provided interface documentation obligations are met, nor exclude new entrants or small businesses capable of compliance.
Requirements shall not force the use of industry or consensus-based standards except as necessary to interface with existing systems using such standards.
Section 4403 of title 10, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs:
establish a federated set of digital repositories within the Department of Defense to store modular systems interfaces required under subsection (c) of section 4402 of this title, which shall—
feature authentication and access controls to protect sensitive data;
enable contractors to publish and manage their contributions (at approved access levels) with accountability and version control;
be searchable and accessible to authorized Department of Defense components and contractors based on access levels; and
incorporate cybersecurity measures consistent with Department of Defense standards;
ensure distribution of interfaces to promote interoperability, consistent with the requirements of section 3771 of this title, by—
providing access to interfaces and relevant documentation in the repository established in paragraph (1) to authorized Federal Government and nongovernmental entities; and
restricting nongovernmental entities that receive access under subparagraph (A) from further release, disclosure, or use such data except as authorized;
The Secretary of Defense shall issue guidance to establish an alternative test and evaluation (T&E) pathway for certain Department of Defense acquisition programs to enhance agility, accelerate delivery of capabilities, and ensure data-driven decisionmaking, while maintaining independent oversight of evaluation outcomes.
The Secretary of Defense shall establish an alternative test and evaluation pathway for covered programs that includes the following requirements:
For each covered program, the military department concerned, through its service test activities, shall—
design and execute a unified test and evaluation strategy that aligns developmental testing (DT) and operational testing (OT) to a single set of test objectives that build system understanding throughout the test program to more effectively support capability delivery within rapid prototyping and iterative updates with early and continuous operational feedback;
develop and execute a test data strategy, updated as needed, that includes—
collection of raw data from system components during test events and operational activities, including submission of industry derived data from their development and testing evolutions;
evaluation criteria to assess the mission effects and suitability of the system based on the data to be collected, including from live-fire test events, if applicable;
a process for independently validating industry test results, if needed;
provision of resources for automated data collection, storage, and access; and
automated analytics tools to assess performance trends, reliability, and maintenance needs;
incorporate, to the maximum extent practicable, best practices such as—
hardware-in-the-loop testing to validate system integration;
continuous data collection from prototypes and fielded systems to refine designs and update lifecycle costs;
test subsystem prototypes throughout system development to assess their contribution to the mission effect of the fielded system; and
integration of supporting or complementary data from digital twins or other model-based systems engineering tools;
define general test and evaluation objectives and data needs while allowing detailed execution plans to evolve based on test results and emerging requirements, avoiding rigid milestone-driven schedules; and
ensure all raw test data and associated analytics are owned by the government, stored in accessible repositories, and available to authorized Department entities, including the Director of Operational Test & Evaluation (DOT&E), throughout the program lifecycle.
Covered programs under this pathway shall be exempt from—
the requirement to develop and submit a Test and Evaluation Master Plan (TEMP) under Department of Defense Instruction 5000.02 or other policies, provided a unified test and evaluation strategy and data strategy under subparagraphs (A) and (B) of paragraph (1) are implemented;
milestone-specific operational test events, such as Initial Operational Test and Evaluation (IOT&E), mandated under section 4171 of title 10, United States Code, or related regulations; and
any other test and evaluation documentation or approval processes that the Secretary determines are inconsistent with the agile and iterative nature of this pathway.
For covered programs under the alternative test and evaluation pathway designated for oversight by the Director of Operational Test and Evaluation, the Director of Operational Test and Evaluation shall—
provide independent evaluation of test data across all phases of the program lifecycle, including—
assessing the sufficiency of the program’s test and evaluation strategy and data strategy to demonstrate military effectiveness;
evaluating whether the program collects and analyzes sufficient raw data, learns from test results at a pace relevant to operational needs, and converges on military effectiveness based on data trends;
identifying deficiencies in test and evaluation strategies that risk system performance, suitability, or survivability; and
providing continuous oversight through ongoing analysis of test data;
have unrestricted access to all raw test data, data repositories, and analytics maintained by military departments for covered programs;
not require of covered programs—
specific test plans, execution methods, or documentation formats or require pre-approval of test and evaluation activities as a condition of testing, data collection, or evaluation; or
Director of Operational Test and Evaluation-approved Test and Evaluation Master Plans or other pre-execution documentation under existing policies; and
include in its annual report to Congress under section 139(h) of title 10, United States Code, a summary of the adequacy of data strategies, rates of learning, and risks that aligns with the evaluation processes established in this section.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Director of Operational Test and Evaluation, shall issue guidance to implement the alternative test and evaluation pathway, including standards for data strategies and modern testing practices and procedures to support evaluation by the Director of Operational Test and Evaluation under subsection (c)(2).
Not later than three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of this section, including an assessment of the effectiveness of the pathway in accelerating capability delivery and improving system performance and any recommendations for expanding or modifying the pathway.
In this section, the term covered program means a defense acquisition program that is—
designated under the Software Acquisition Pathway pursuant to section 3603 of title 10, United States Code, initiated on or after the date of the enactment of this Act; and
designated by the Secretary of Defense on or after the issuance of guidance under subsection (d).
The Department of Defense representative on the Cost Accounting Standards Board pursuant to section 1501 of title 41, United States Code, shall be the Director of Defense Pricing, Contracting, and Acquisition Policy or its successor organization.
Each commander of a combatant command shall have the authority to conduct experimentation, prototyping, and technology demonstrations to support the development and testing of innovative technologies and capability solutions to address operational needs identified by the combatant command.
For activities carried out under subsection (a), the commander of a combatant command may use—
operation and maintenance funds, including for the purchase of items having an investment item unit cost not greater than the Office of the Under Secretary of Defense (Comptroller) guidance regarding threshold for determination of expense and investment costs; and
special contracting authorities described in section 843 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 3601 note), provided that the procedures described in such section are followed.
Upon completion of an experiment, prototype, or technology demonstration, if a combatant command submits a written determination that the demonstrated technology or capability successfully meets the operational need of the combatant command, the written determination may be used to fulfill the following requirements:
A justification for using other than competitive procedures under section 3204 of title 10, United States Code, or follow-on production authorities under section 4022 of such title, to acquire the technology or capability which was successfully demonstrated.
A validated capability needs statement or other requirement document.
Section 3014 of title 10, United States Code, is amended—
by striking means an entity that is not currently performing and inserting the following: “means an entity that—
is not currently performing
by striking such section. and inserting the following: “such section; or
does not qualify as a covered segment as defined under the Defense Federal Acquisition Regulation Supplement 231.205–18 or successor regulation.
Financing costs incurred for a covered activity shall be allowable and allocable as a direct or an indirect overhead cost for contracts and subcontracts of the Department of Defense, provided such costs are—
reasonable in amount and consistent with prevailing market rates for similar financing; and
incurred to pay a financing entity.
In this section:
The term covered activity means an activity taken by a prime contractor or subcontractor—
to manage an inventory of completed products or components used in production;
to improve inventory management of products or components necessary for sustainment or maintenance;
to materially expand the capacity of production or sustainment and maintenance through capital expenditures; or
to carry out any other purpose identified by the Secretary of Defense.
The term financing costs means interest on borrowings, bond discounts, and costs of financing and refinancing capital.
The term financing entity means any corporation, limited liability company, partnership, trust, or other organization that is created under Federal or State law and that, as part of its regular business activities, extends credit, loans, or other forms of financing to other persons or entities, provided that such legal entity is not owned by, controlled by, or under common control with the person or entity receiving such financing.
Nontraditional defense contractors, as defined by section 3014 of title 10, United States Code, shall not be subject to any of the following requirements:
Defense Federal Acquisition Regulation Supplement 252.242–7006, or successor regulation.
Defense Federal Acquisition Regulation Supplement 252.234–7002, or successor regulation.
Defense Federal Acquisition Regulation Supplement 252.215–7002, or successor regulation.
Defense Federal Acquisition Regulation Supplement 252.242–7004, or successor regulation.
Defense Federal Acquisition Regulation Supplement 252.245–7003, or successor regulation.
Defense Federal Acquisition Regulation Supplement 252.244–7001, or successor regulation.
Defense Federal Acquisition Regulation Supplement 252.242–7005, or successor regulation.
Defense Federal Acquisition Regulation Supplement 215.407, or successor regulation.
Section 3702 of title 10, United States Code.
Part 31 of the Federal Acquisition Regulation, or successor regulation.
Section 3457 of title 10, United States Code, is amended—
in subsection (a)—
by inserting (1) before Notwithstanding;
by striking may be treated and inserting shall be treated; and
by adding at the end the following new paragraph:
The requirement under paragraph (1) may be waived or modified with a written determination approved by the head of contracting activity, delegable to no lower than the senior contracting official. The written determination shall include a justification for why commercial procedures should be waived or modified, such as tailored market research demonstrating that potential suppliers could not effectively provide the required product or services under commercial procedures.
by striking subsection (b);
by redesignating subsection (c) as subsection (b); and
by adding at the end the following new subsection:
The authority under subsection (a)(1) shall not be construed to give preference to the purchase of a product or service pursuant to section 3453 of this title solely on the basis that such offered product or service is deemed commercial as a result of the exercise of such authority.
Section 3453 of title 10, United States Code, is amended—
in subsection (b), by striking procurement officials in that agency, and inserting acquisition officials in that agency, including consultants, researchers, and any individuals providing advisory services to acquisition officials,;
in subsection (c), by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
by inserting after paragraph (2) the following new paragraph:
The head of an agency shall establish a process for determinations regarding the non-availability of commercial products or services, including that—
a defense unique-development product or service may not be procured until the head of the agency determines that the market research conducted in accordance with paragraph (2) of this section resulted in no commercial product, commercial service, or nondevelopmental item suitable to meet the agency's needs; and
prior to acquiring a defense-unique development product or service, a program manager shall, consistent with the policies and regulations of the Department of Defense, submit a written memorandum summarizing why a defense-development unique product is required based on results of the determination in subparagraph (A), which shall be signed by the program executive officer.
by adding at the end the following new subsection:
The term defense-unique development means a Department of Defense financed product or service to provide a defense-unique capability that does not repurpose a commercial product, commercial service, or nondevelopmental item.
Section 3456 of title 10, United States Code, is amended—
in subsection (a), by amending paragraph (2) to read as follows:
assist military departments and Defense Agencies with performing market research and satisfying the requirements under section 3453 of this title pertaining to market research and the determination regarding the non-availability of commercial products or services and analysis used to determine the reasonableness of price for the purposes of procurements by the Department of Defense.
in subsection (b)(2), by inserting after the first sentence the following: The contracting officer should consider the results summarized in the memorandum issued by the program manager in accordance with the requirement in section 3453(c)(3)(B) of this title when issuing the written commercial or noncommercial determination..
Section 3458 of title 10, United States Code, is amended—
by amending subsection (a) to read as follows:
The Secretary of Defense and the Secretaries of the military departments may acquire commercial products, commercial services, and nondevelopmental items through a competitive selection of proposals resulting from a general solicitation and the peer review, technical review, or operational review (as appropriate) of such proposals, and may issue, without further justification, follow-on contract awards or agreements, including sole source awards or agreements, to the recipient.
by striking subsection (e);
by redesignating subsection (c) and (d) as subsections (d) and (e), respectively;
by inserting after subsection (b) the following new subsection:
The Secretary of Defense and the Secretaries of the military departments may issue follow-on contract awards or agreements, including sole source awards, for any products, services, or items acquired through the competitive procedures described under subsection (a) subject to approval requirements in sections 3204 or 4022 of this title.
in subsection (d), as redesignated by paragraph (2) of this section—
by striking paragraph (1); and
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
Section 4022 of title 10, United States Code, is amended—
in subsection (a)(2)(B)(ii), by striking at least 30 days before and inserting at the time; and
by adding at the end the following new subsection:
A production transaction may be awarded, with or without the use of competitive procedures, to acquire emergent and proven technologies and field production quantities of new or upgraded systems that do not require additional development and have been demonstrated in a relevant environment when the appropriate service or component acquisition executive determines in writing that exceptional circumstances justify the use of such a transaction to address a high priority warfighter need. The Secretary of Defense shall provide the written determination to the congressional defense committees at the time such authority is exercised.
Section 4023 of title 10, United States Code, is amended—
in subsection (a), by striking ordnance, signal, chemical activity, transportation, energy, medical, space flight, telecommunications, and aeronautical supplies, including parts and accessories, and designs thereof, and inserting demonstrations, prototypes, products, supplies, parts, accessories, auxiliary services, and design for defense-related articles; and
in subsection (b)—
by inserting or modified after may be made; and
by inserting prototyping, after greater than necessary for.
Chapter 253 of title 10, United States Code, is amended by adding at the end the following new section:
The Secretary of Defense and the Secretaries of the military departments may acquire technology-supported capabilities through consumption-based solutions.
The Secretary of Defense shall amend the Defense Federal Acquisition Regulation Supplement to implement the authority under subsection (a), including creating a new subcategory of services under part 237 of the Defense Federal Acquisition Regulation Supplement , entitled Consumption-based solutions that—
is any combination of hardware, equipment, software, labor, or services that together provides a seamless capability;
has the ability to be metered and billed based on actual usage;
has predetermined pricing at fixed price units;
requires the awardee to notify the Department of Defense contracting officer when consumption under the contract reaches 75 percent and 90 percent of the funded amount, respectively, of the contract; and
treats modifications to a contract entered into under the authority established in subsection (a) to add new features or capabilities in an amount less than or equal to 25 percent of the total value of such contract, as originally awarded, as competitive procurements under chapter 221 of this title.
Amounts authorized to be appropriated for acquisitions using the authority under subsection (a)—
may be used for expenses for—
research, development, test and evaluation;
procurement;
production;
modification; and
operation and maintenance; and
may be used to enter into incrementally funded contracts or other agreements, including advanced payments.
In this section, the term consumption-based solution 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, data, and labor or services that provides a capability that is metered and billed based on actual usage at fixed price units.
Nothing in this section shall be construed to prohibit the use of the authority created under this section in combination with another contract type provided for under the Defense Federal Acquisition Regulation Supplement.
Section 804 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.) is amended—
in subsection (a)(1)—
by striking not less than 50 percent and inserting majority; and
in subparagraph (B), by striking operates and inserting has fossil fuel business operations;
in subsection (b)(3), by inserting ", including by general license," after Department of the Treasury; and
in subsection (e)—
in paragraph (2)—
by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and
by inserting after clause (i) the following new clause:
activities related to fulfilling contracts with a fossil fuel company that has fossil fuel business operations in the Russian Federation that were entered into prior to the date of the enactment of this section;
in paragraph (3), by inserting that has fossil fuel business operations after person.
Section 3452 of title 10, United States Code, is amended by striking subsections (b) through (e) and inserting the following new subsections:
The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique contract clause requirements based on statute, executive orders, or acquisition policies that are applicable to contracts for the procurement of commercial products and commercial services entered into by the Department of Defense.
The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique contract clause requirements based on statute, executive orders, or acquisition policies that are applicable to subcontracts for the procurement of commercial products and commercial services.
In this subsection—
the term other supply agreements means any agreement entered into by a contractor or subcontractor for the supply of products, materials, or services that are intended for use in the performance of multiple contracts with the Department of Defense or other parties and are not identifiable to any particular contract; and
the term subcontract—
includes a transfer of commercial products and commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor; and
does not include other supply agreements.
This subsection does not authorize the waiver of the applicability of any provision of law or contract clause requirement with respect to any first-tier subcontract under a contract with a prime contractor reselling or distributing commercial products and commercial services of another contractor without adding value.
The Defense Federal Acquisition Regulation Supplement shall include a list of defense-unique contract clause requirements based on statute, executive orders, or acquisition policies that are applicable to subcontracts for the procurement of commercially available off-the-shelf items entered into by the Department of Defense.
Chapter 247 of title 10, United States Code, is amended by adding at the end the following new section:
The Secretary of Defense may not require that a clause be included in a subcontract for the acquisition of commercial products or commercial services other than a clause required by a provision of law that is on the lists required by section 3452 of this title or unless otherwise applicable pursuant to subsection (e) of such section.
The Secretary of Defense shall not require the flowdown of any contract clauses to other supply agreements unless otherwise applicable pursuant to subsection (e) of section 3452 of this title.
In this section, the terms other supply agreement and subcontract have the meanings provided in subsection (c)(2) of section 3452 of this title.
It shall be the policy of the Department of Defense that references to Department of Defense policy documents, instructions, and manuals in contracts shall contain a specific version or date. If the version or date of a policy document, instruction, or manual is not referenced, the contractor will comply with the version of the document in effect at the time the solicitation is issued. Updated versions of referenced policy documents, instructions, and manuals shall not apply unless mutually agreed.
The Secretary of Defense shall ensure that due consideration is given to a contractor for equitable adjustments resulting from the loss of work in process on a covered contract.
Considerations limiting the contractor’s assumption of the risk of loss in subsection (a) shall not apply to loss caused by the willful misconduct or lack of good faith on the part of any of the contractor’s directors or officers, managers, superintendents, or other equivalent representatives.
In this section:
The term covered contract means any classified, fixed-price type contract, entered into with the Department of Defense on or after the date of the enactment of this section where, due to the classified nature of the underlying program—
the contractor cannot get a third-party commercial insurance provider to insure the work in process; or
the third-party commercial insurance provider cannot process the contractor’s claim.
The term lack of good faith has the meaning given the term in section 252.228–7001 of the Department of Defense Supplement to the Federal Acquisition Regulation, or any successor regulation.
The term willful misconduct has the meaning given the term in section 252.228–7001 of the Department of Defense Supplement to the Federal Acquisition Regulation, or any successor regulation.
The term work in process—
means an item at any stage of production or manufacture at any time from the initiation of contract performance until delivery to and acceptance by the government; and
specifically includes a covered aircraft as that term is defined in section 252.228–7001 of the Department of Defense Supplement to the Federal Acquisition Regulation, or any successor regulation.
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with the changes made by this section.
Chapter 271 of title 10, United States Code, is amended by adding at the end the following new section:
An offeror shall be required to report to the relevant contracting officer not later than 30 days after becoming aware that the price of a product or service under a covered contract reaches or exceeds—
25 percent above the price specified in the contract bid or the government paid for that product or service the previous calendar year; or
50 percent above the price paid for such a product or service 5 years earlier.
In this section, the term covered contract means a cost-reimbursement contract awarded without competition under section 3204 of this title and as defined under section 6.302 of the Federal Acquisition Regulation.
Chapter 271 of title 10, United States Code, as amended by subsection (a), is further amended by adding at the end the following new section:
The Director of the Defense Contract Audit Agency or the relevant service acquisition executive shall report in the Federal Awardee Performance and Integrity Information System (FAPIIS) housed within the System for Award Management the following information:
Contractors who fail to report price increases as required under 3705(a)(2) of this title.
Updated findings from audits conducted by the Agency regarding noncompliance with the requirement.
With respect to unreported product or service price increases, the product or service’s National Stock Number, order quantity, unit cost, total cost, purchasing or reimbursing entity, and date of the order.
Chapter 363 of title 10, United States Code, is amended by adding at the end the following new section:
The Secretary of Defense (referred to in this section as the Secretary) may not enter into a contract or agreement for the procurement, sustainment, or subsequent modifications of covered defense equipment unless the contract or agreement requires that the contractor deliver, or offer as a negotiated price option, Instructions for Continued Operational Readiness (ICOR) to the Secretary upon delivery of the equipment.
The Secretary may grant an exception to paragraph (1) if the product support strategy and associated business case analysis for the covered defense equipment indicates that the Government does not have a justified need for ICOR, consistent, when applicable, with section 3771 of this title.
The contractor shall deliver the ICOR to the Department of Defense (referred to in this section as the Department) and provide the Secretary with the rights to diagnose, maintain, and repair the covered defense equipment.
The Secretary shall withhold payment to the contractor under the contract or agreement until the Secretary accepts the ICOR as complete under subsection (c)(2).
When ICOR are required to be delivered under a contract or agreement, the Secretary shall ensure that updated ICOR data is required as necessary in subsequent contracts or agreements or included as priced options to reflect modifications in data deliverables.
A contractor for covered defense equipment shall include in the ICOR, at a minimum, data that is necessary for operations, maintenance, installation, and training, form fit, and function data, and any additional data required for operational readiness, which may include—
recommended methods, techniques, inspections, processes, procedures, maintenance manuals, service bulletins, diagnostic procedures, proprietary systems, special tooling, special testing procedures, and equipment necessary to maintain, repair, and sustain the covered defense equipment in a condition for safe and effective operation, including diagnostic protocols, troubleshooting guides, and overhaul instructions, consistent with the maintenance practices of the contractor or those of the authorized maintenance providers of the contractor;
an operational limitations section (OLS) that includes mandatory schedules for replacement of life-limited components, inspection intervals, and other sustainment requirements critical to equipment reliability and safety, approved by the Secretary;
engineering drawings, schematics, software, and wiring diagrams;
a complete list of replacement parts, components, and specialized equipment required for maintenance and repair, including part numbers, specifications, and sources, to ensure availability to authorized maintenance providers;
procedures for documenting maintenance actions, life-limited component replacements, and compliance with the OLS, including standardized formats for maintenance logs to ensure traceability and verification of operational readiness; and
clear identification of maintenance information essential for safe operation, distinguished from non-safety-related service enhancements, to facilitate compliance with operational readiness requirements.
A contractor shall submit the ICOR to the Secretary as a contract deliverable prior to equipment delivery or within a timeframe specified by the contract.
The Secretary shall review and accept the ICOR, verifying that they provide sufficient information to maintain the operational readiness of the equipment.
In accordance with design changes and contract modifications approved by the Secretary and in a manner that is in accordance with subsection (a), the contractor shall deliver updates to the ICOR for approval by the Secretary whenever modifications, upgrades, safety issues, or new sustainment requirements are identified.
A contractor shall not impose restrictions on the use of the ICOR by authorized maintenance providers of the Department, including requirements to use only contractor-supplied parts, unless such restrictions are explicitly approved by the Secretary as necessary for safety or operational reliability.
Notwithstanding restrictions approved by the Secretary pursuant to subsection (d), the Secretary may authorize alternative maintenance or repair actions for covered defense equipment, if any of the following conditions are met:
A program cannot reasonably obtain sufficient data to maintain operational readiness.
The contractor fails to deliver complete and current ICOR.
The contractor cannot deliver required parts, repairs, or ICOR within a timeframe that meets operational needs, as defined by the Secretary, resulting in unacceptable readiness degradation.
The contractor discontinues support for a component or software critical to the equipment’s operation without providing a viable substitute or sufficient ICOR to enable sustainment of the equipment by the Department.
An urgent operational or logistical circumstance, such as wartime conditions, active combat, or disrupted logistics, necessitates immediate repair or part production to maintain mission readiness.
The Secretary determines alternative maintenance or repair actions would result in significant cost savings.
If an alternative action is authorized under paragraph (1), the Secretary may—
issue a written determination citing the relevant condition described in paragraph (1), including evidence of contractor practices that prevent delivery of or restrict license rights to the ICOR in a manner that may impede competition, consistent with antitrust laws; and
authorize data delivery for the alternative action.
If time permits, the Secretary shall notify the contractor if any of the conditions described in paragraph (1) are met and shall provide the contractor with not more than 30 days to address the issue before the alternative action is taken.
Alternative maintenance or repair actions may include, but is not limited to, reverse engineering, use of existing technical data, fabrication of parts by the Department or third-party providers, or advanced manufacturing, as necessary to restore operational readiness. This provision does not restrict the ability of the Secretary to employ these practices in other contexts.
A contractor shall ensure the ICOR contains sufficient information to maintain the operational readiness of the equipment, including updates to address safety or performance issues and necessary information on systems or components produced by subcontractors.
A contractor shall promptly notify the Secretary of any safety-related deficiencies in the ICOR and provide corrected materials at no additional cost.
If a contractor fails to comply with the requirements of this section, the Secretary may withhold contract payment, enforce contract penalties, take corrective action, reduce contractor performance ratings, or exclude the contractor from future contracts or agreements with the Department.
The Secretary shall establish procedures to verify contractor compliance with the requirements of this section, including periodic audits of the content and availability and maintenance of ICOR.
The Secretary shall maintain a centralized repository of ICOR for covered defense equipment, accessible to maintenance providers authorized by the Secretary, to ensure consistent application.
Not later than one year after the date of the enactment of this section, and every year thereafter, the Secretary shall submit to the congressional defense committees a list of the items designated as excluded commercial items to which the requirement to deliver ICOR does not apply.
In this section:
The term covered defense equipment means any system, subsystem, or component procured by the Secretary, including aircraft, ships, ground vehicles, electronic systems, and other systems, that require contractor-provided maintenance or repair data to ensure operational readiness, excluding any excluded commercial items.
The term excluded commercial item means an unmodified product customarily used by the general public or by nongovernmental entities or sold, leased, or licensed to the general public and maintained under standard commercial practices, as designated by the Secretary.
The terms Instructions for Continued Operational Readiness and ICOR mean contractor-provided technical data, software, and other information, including maintenance instructions and manuals, operational limitations, parts identification, record-keeping procedures, safety-related provisions, engineering drawings, schematics, software, service bulletins, wiring diagrams, diagnostic procedures, and other data or information necessary to maintain and repair covered defense equipment in a condition for safe and effective operation.
Not later than two years after the date of the enactment of this Act, and every two years thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report that assesses—
the compliance of the Secretary of Defense with section 4664 of title 10, United States Code, as added by subsection (a);
the effectiveness of the requirements of section 4664 in ensuring operational readiness and reducing sustainment costs;
contractor compliance with the requirements of section 4664;
the frequency and impact of the conditions described in section 4664(e)(1); and
recommendations for improving the maintenance and repair capabilities of the Department of Defense.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement this section that includes—
procedures for integrating the requirements of section 4664 of title 10, United States Code, as added by subsection (a), into acquisition contracts and agreements of the Department of Defense;
the criteria for designating items as excluded commercial items, as defined in section 4664(i);
processes for reviewing, accepting, and updating instructions for continued operational readiness (as defined in section 4664(i)) and operational limitations sections, in accordance with section 4664;
mechanisms for tracking contractor compliance and resolving disputes over instructions for continued operational readiness and compensation; and
directions for the operation, repair, and maintenance of defense equipment that government-owned, government-operated entities of the Department of Defense can use if the contract or agreement for the defense equipment does not require the delivery of ICOR.
Section 4664 of title 10, United States Code, as added by subsection (a), applies to contracts and agreements for covered defense equipment, as defined in subsection (i) of that section, entered into on or after one year after the date of the enactment of this Act.
The review of requests submitted by a contractor to a Department of Defense contracting officer pursuant to Public Law 85–804 (50 U.S.C. 1431 et seq.) for indemnification against nuclear and unusually hazardous risks, including those involving the procurement of commercial nuclear technology, shall include, to the maximum extent practicable, input from the Defense Contract Management Agency, including reviews of insurance markets and coverage availability from the Contractor Insurance/Pension Review group.
The review of all indemnification requests submitted by contractors as described in subsection (a) shall be completed with a final decision on approval or denial, including an executed Memorandum of Decision, within 90 days.
The Secretary of each military department should delegate authority to provide indemnification under Public Law 85–804 (50 U.S.C. 1431 et seq.) for contracts relating to advanced nuclear energy systems or components to such subordinate officials, commands, or agencies as the Secretary determines appropriate to ensure timely and effective program execution.
Section 3706(c) of title 10, United States Code, is amended—
in paragraph (3), by striking ; or and inserting a semicolon;
in paragraph (4), by striking the period and inserting ; or; and
by adding at the end of the following:
the cost or pricing data were obtained by or otherwise made available to the prime contractor or subcontractor more than 30 days before, but submitted to the head of the agency after, the date of agreement on the price of the contract or, if applicable consistent with subsection (a)(2), such other date agreed upon between the parties.
Section 3702(a) of title 10, United States Code, is amended—
in paragraph (1)—
by striking June 30, 2018 each place it appears and inserting June 30, 2026;
in subparagraph (A), by striking $2,000,000 and inserting $10,000,000; and
in subparagraph (B), by striking $750,000 and inserting $2,000,000;
in paragraph (2), by striking $2,000,000 and inserting $10,000,000; and
in subparagraph (3)(A), by striking $2,000,000 and inserting $10,000,000.
Section 1792 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2238; 50 U.S.C. 4531 note) and section 226 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 50 U.S.C. 4531 note) are repealed.
Not later than March 1, 2026, the Under Secretary of Defense for Acquisition and Sustainment, acting through the Director of the Joint Production Accelerator Cell of the Department of Defense and the Assistant Secretary of Defense for Industrial Base Policy, shall submit to the congressional defense committees a strategy for ensuring that the defense industrial base of the United States can meet requirements for small unmanned aircraft systems (sUAS).
In developing the strategy required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall coordinate with the following officials:
The Assistant Secretary of the Navy for Research, Development, and Acquisition.
The Assistant Secretary of the Army for Acquisition, Logistics, and Technology.
The Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics.
The Director of the Defense Advanced Research Projects Agency.
The Director of the Defense Innovation Unit.
The strategy under subsection (a) shall include the following elements:
An assessment of emerging technologies or manufacturing processes that would support the modernization or expansion of the defense industrial base of the United States to meet requirements for production of sUAS components and finished articles.
A plan to prioritize Government funding for the following:
Onshoring production for sUAS components.
Private manufacturing facilities for sUAS components.
Government-owned, contractor-operated manufacturing facilities for sUAS components.
Government-owned, Government-operated manufacturing facilities for sUAS components.
Not later than March 1, 2026, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a review of the defense industrial base of the United States for sUAS components and finished articles that includes the following:
An assessment of the capacity and capability of the existing sUAS industrial base, including the supply base and personnel of such manufacturers, to support the expansion of the sUAS industrial base.
The capability and capacity of potential new entrants to the sUAS industrial base, including private entities that might be subsidized by the Federal Government.
An assessment of the process for qualifying vendors, including potential new entrants and existing vendors proposing new manufacturing processes.
An assessment of the capacity and capability of the sUAS industrial base to support the demands of existing programs.
An assessment of the capacity and capability of the sUAS industrial base to support potential future demands of programs.
A mapping of programs and potential future sUAS programs for manufacturer throughput.
Identification of current and potential shortfalls in critical materials, such as rare earth elements and lithium.
A broad assessment of commercial sector, civil sector, and Department of Defense demands on the sUAS industrial base.
Not later than September 30, 2026, a federally funded research and development center that enters into a contract under this subsection shall submit to the Secretary of Defense a report on the results of the review conducted under paragraph (1).
Not later than 30 days after receipt of the report described in subparagraph (A), the Secretary of Defense shall submit the report, along with any comments of the Secretary, to the congressional defense committees.
The term small unmanned aircraft system components refers to critical components used in the manufacture and operation of unmanned aircraft systems for small unmanned aircraft, as those terms are defined in section 44801 of title 49, United States Code.
Section 4872 of title 10, United States Code, is amended—
in subsection (a)—
by striking subsection (c) or subsection (e) and inserting subsections (c) and (e); and
in paragraph (1), by striking subsection (c) and inserting subsections (c) and (e); and
in subsection (e)—
in paragraph (1), by striking of the Secretary; and
by adding at the end the following new paragraph:
If the Secretary of Defense or the authorized delegate has made a determination under subsection (k) of section 4863 of this title for a national security waiver of the restrictions under subsection (a) of that section for a specific end item, the Secretary or authorized delegate may apply that waiver to the restrictions under subsection (a) of this section for the same covered material and end item.
Section 4862 of title 10, United States Code, is amended—
in subsection (c), by striking Subsection (a) and inserting (1) Except as provided by paragraph (2), subsection (a); and
by inserting after paragraph (1) the following new paragraph:
If the Secretary of Defense or the Secretary of the military department concerned applies the exception set forth in this subsection for the procurement of any clothing and the materials and components thereof or any item listed in subsection (b)(1)(D), no contract may be awarded for the procurement of any such items produced in the People's Republic of China, Iran, the Democratic People's Republic of Korea, or the Russian Federation.
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.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Defense-wide, for the Office of the Under Secretary of Defense for Intelligence and Security for travel expenses, not more than 90 percent may be obligated or expended until the Secretary of Defense—
certifies to the congressional defense committees that the requirements under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4819 note) have been implemented; and
submits a plan and timeline for continued implementation of such requirements, including details on how the Department of Defense plans to ensure, beyond self-certification, that contractors and subcontractors are completing any assessment and mitigation requirements, including enforcement penalties if appropriate.
Section 4872(f)(1) of title 10, United States Code, is amended—
in subparagraph (D), by striking ; and and inserting a semicolon;
in subparagraph (E), by striking the period and inserting ; and; and
by adding at the end the following new subparagraph:
molybdenum.
Section 4872(c)(3) of title 10, United States Code, is amended –
in subparagraph (C), by inserting or samarium-cobalt magnet after neodymium-iron-boron magnet; and
by adding at the end the following new subparagraph:
tantalum, tungsten, or molybdenum produced from recycled scrap if the contractor demonstrates that the scrap was produced outside of a covered nation and the melting of the scrap and further processing and manufacturing of the material takes place in the United States or in the country of a qualifying foreign government, as defined in section 4863(m)(11) of this title.
Section 4872(f)(1) of title 10, United States Code, as amended by subsection (a)(1), is further amended—
in subparagraph (E), by striking ; and and inserting a semicolon;
in subparagraph (F), as added by subsection (a), by striking the period at the end and inserting a semicolon; and
by adding at the end the following new subparagraphs:
germanium; and
gallium.
Section 4872(c)(3)(D) of title 10, United States Code, as added by subsection (a)(2) is amended by striking or molybdenum and inserting molybdenum, gallium, or germanium.
The amendments made by paragraphs (1) and (2) shall take effect on the date that is one year after the date of the enactment of this Act.
As soon as practicable, but not later than fiscal year 2031, the Secretary of Defense shall ensure that the Department of Defense maintains multiple sources for products in the following critical sectors:
Castings and forgings.
Missiles and munitions.
Energy storage and batteries.
Strategic and critical materials.
Microelectronics.
Any other critical sector as determined by the Secretary.
The Secretary of Defense may waive the requirement under subsection (a) if the Secretary determines that maintaining multiple sources is unfeasible. The Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after issuing such a waiver.
None of the funds authorized to be appropriated or otherwise made available by this Act may be used to enter into a contract for the procurement of photovoltaic modules manufactured by a foreign entity of concern (as defined by section 9901(8) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8)).
The Secretary of Defense may waive subsection (a) if the Secretary—
determines that there is no alternative source of photovoltaic cells, modules, or inverters other than from a foreign entity of concern;
determines there is no national security risk posed by the use of photovoltaic cells, modules, or inverters manufactured by a foreign entity of concern; and
submits a certification of such determination in writing to the congressional defense committees not later than 30 days before entering into a contract described under such subsection.
Subsection (a) shall apply only to contracts regarding the direct procurement by the Department of Defense of photovoltaic modules or inverters and shall not apply to contracts involving any third party financing arrangements, including energy savings contracts and those involving privatized military housing or assets that enhance combat capability.
The prohibition under subsection (a) shall not apply to assets that enhance combat capability for a period of one year following the date of the enactment of this Act, in order for the Department of Defense to determine alternate supply chains for such assets.
The prohibition under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purposes of intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.
The Secretary of the Army is authorized and directed to accelerate the modernization of the Army’s organic industrial base to meet the munitions requirements of the Army.
The Secretary of the Army shall prioritize utilizing or modifying existing facilities, as well as existing environmental permits, security arrangements, and personnel required for the production of sensitive military munitions, to establish the production lines for the following items:
A secondary domestic source of military-grade nitrocellulose.
Any of 13 precursor chemicals used widely across the Joint Program Executive Office Armaments & Ammunition portfolio that are currently sourced solely from the People's Republic of China.
Any of the 300 chemicals identified as single point failures by the Joint Program Executive Office Armaments & Ammunition.
Multiple calibers of ammunition, serviced by a load and pack facility.
A combination of the above options.
The production line or lines described in subsection (b) shall be established at each Army organic industrial base installation that—
has received less than $100,000,000 in cumulative modernization funding across all Army accounts during the two most recent fiscal years; and
has substantial acreage available and suitable for future industrial or technical development.
The Secretary is encouraged to expedite the establishment of the production lines and shall utilize to the fullest extent possible the existing environmental permits and work expertise resident at installations described in subsection (c).
The Secretary of the Army may use such funds authorized to be appropriated by this Act that are available to establish the production line or lines described in subsection (b).
Section 4817 of title 10, United States Code, is amended by adding at the end the following new subsections:
The Secretary may use the authorities provided by this section with respect to upstream, mid-stream, and downstream supply chains, including material, material production, components, subassemblies, and finished products, testing and qualification, infrastructure, facility construction and improvement, and equipment needed directly for the following:
Castings and forgings.
Kinetic capabilities, including sensors, targeting systems, and delivery platforms.
Microelectronics.
Machine tools, including but not limited to subtractive, additive, convergent, stamping, forging, abrasives, metrology, and other production equipment.
Critical minerals, materials, and chemicals.
Workforce for the defense industrial base.
Advanced manufacturing capacity, including echelon manufacturing forward in the Indo-Pacific Command theater.
Unmanned vehicles, including subsurface, surface, land, air one-way, attritables, and launch and recovery platforms.
Manned aircraft.
Ground systems.
Power sources.
Ship and submarine, including assembly and automation technologies and capabilities, new or modernized infrastructure for new construction or maintenance and sustainment and battle damage repair.
Other materiel solutions required to support Indo-Pacific Command operational plans as required.
Defense space systems.
The Secretary may not use the authorities provided by this section for any activity in a covered country.
The Secretary may not use the authorities provided by this section for a purpose not described in paragraph (1) unless, not less than 30 days before doing so, the Secretary—
determines that—
the use of the authority for that purpose is essential to the national security interests of the United States; and
without the use of the authority for that purpose, United States industry cannot reasonably be expected to provide the capability needed in a timely manner; and
submits to the congressional defense committees a report on the determination that includes appropriate explanatory material.
To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national security interests of the United States, the Secretary may make provision for—
use of contracts, grants, or other transaction authorities, including cooperative agreements;
incentives for the private sector to develop capabilities in areas of national security interest;
making awards to third party entities to support investments in small- and medium-sized entities working in areas of national security interest, including debt and equity investments, that would benefit missions of the Department of Defense; and
subsidies to offset market manipulation or ensure allied and domestic viability of grants made from other market uncertainties.
To create, maintain, protect, expand, or restore industrial base capabilities essential for the national security interests of the United States, the Secretary may make provision for purchase commitments for—
Federal Government use or resale of an industrial resource or a critical technology item;
the encouragement of exploration, development, and mining of strategic and critical materials;
development of other materials and components;
the development of production capabilities; and
the increased use of emerging technologies in defense program applications and the rapid transition of emerging technologies—
from Federal Government-sponsored research and development to commercial applications; and
from commercial research and development to national defense applications.
Except as provided by subparagraph (B), purchase commitments under paragraph (1) may be made without regard to the limitations of existing law (other than section 1341 of title 31), for such quantities, and on such terms and conditions, including advance payments, and for such periods, but not extending beyond a date that is not more than 10 years from the date on which such purchase was initially made, as the Secretary deems necessary.
Purchases commitments under paragraph (1) involving higher than established ceiling prices (or if no such established ceiling prices exist, currently prevailing market prices) or that result in an anticipated loss on resale shall not be made, unless it is determined that supply of the materials could not be effectively increased or provisioned at lower prices or on terms more favorable to the Federal Government, or that such purchases are necessary to assure the availability to the United States of overseas supplies.
The Secretary may take the actions described in subparagraph (B), if the Secretary finds that—
under generally fair and equitable ceiling prices, for any raw or nonprocessed material or component, there will result a decrease in supplies from high-cost sources of such material and that the continuation of such supplies is necessary to carry out the objectives of this section; or
an increase in cost of transportation is temporary in character and threatens to impair maximum production or supply in any area at stable prices of any materials.
Upon a finding under subparagraph (A), the Secretary may make provision for subsidy payments on any such produced material from other than covered countries, in such amounts and in such manner (including purchase commitments of such material or component and its resale at a loss, and on such terms and conditions, as the Secretary determines to be necessary to ensure that supplies from such high-cost sources are continued, or that maximum production or supply in such area at stable prices of such materials is maintained, as the case may be.
If the Secretary determines that such action will aid the national security interests of the United States, the Secretary is authorized—
to procure and install additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the Federal Government;
to procure and install equipment including owned by the Federal Government in plants, factories, and other industrial facilities owned by private persons;
to provide for constructing new facilities, the modification, or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under this subsection or subsection (h);
to sell or otherwise transfer equipment owned by the Federal Government and installed under this subsection to the owners of such plants, factories, or other industrial facilities;
to construct facilities for the purposes described in section subsection (g)(1); and
to apply contracts, grants, or other transactions authorities.
Metals, minerals, materials, and components acquired pursuant to this subsection which, in the judgment of the Secretary, are excess to the needs of programs under this section, shall be transferred to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), or other national reserves if available, when the Secretary deems such action to be in the public interest.
Transfers made pursuant to this paragraph shall be made without charge against or reimbursement from funds appropriated for the purposes of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), or other national reserves if available, except that costs incident to such transfer, other than acquisition costs, shall be paid or reimbursed from such funds.
When, in the judgment of the Secretary, it will aid the national security interests of the United States, the Secretary may make provision for the development and qualification a of substitutes for strategic and critical materials, components, critical technology items, and other industrial resources.
The Secretary may provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of sources for strategic and critical materials, components, critical technology items, and industrial resources essential for the execution of the national security strategy of the United States.
The Secretary shall take appropriate actions to ensure that strategic and critical materials, components, critical technology items, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency.
For purposes of this paragraph, appropriate action may include—
restricting contract solicitations to reliable sources;
stockpiling or placing into reserve strategic and critical materials, components, and critical technology items;
planning for necessary long-lead times for acquiring such materials, components, and items; or
developing and qualifying substitutes for such materials, components, and items.
Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, and annually thereafter, the Secretary shall submit to the congressional defense committee a report evaluating investments made and any other activities carried out using amounts in the Fund during the year preceding submission of the report.
Each report required by paragraph (1) shall include—
measures of effectiveness of the investments and activities described in that paragraph in meeting the needs of the Department of Defense and the defense industrial base;
an evaluation of the return on investment of all ongoing investments from the Fund; and
a description of efforts to coordinate activities carried out using amounts in the Fund with activities to support the defense industrial base carried out under other authorities.
In preparing a report required by paragraph (1), the Secretary shall take into account the advice of the defense industry and such other individuals as the Secretary considers relevant.
Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the congressional defense committees a report detailing how activities carried out under this section will be coordinated with—
activities carried out using amounts in the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534);
activities of the Office of Strategic Capital; and
any other efforts designed to enhance the defense industrial base.
In this section:
The term chokepoint means a situation in which—
components of the munitions supply chains, including all elements of the munitions supply chain such as chemicals, casings, or other materials, are produced by only one reliable source; or
the increased production of a component would significantly increase total output of munitions.
The term covered country means—
the Russian Federation;
the Democratic People’s Republic of Korea;
the Islamic Republic of Iran; and
the People’s Republic of China.
The term reliable source means a citizen or business entity organized under the laws of—
the United States or any territory or possession of the United States;
a country of the national technology and industrial base, as defined in section 4801; or
a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement or any successor document.
The term Secretary means the Secretary of Defense.
The term strategic and critical materials has the meaning given that term in section 12(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3(1)).
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 United States boot industrial base, including a comprehensive plan for the Department of Defense to fully comply with the requirements under section 4862 of title 10, United States Code (commonly referred to as the Berry Amendment) by not later than fiscal year 2028.
The report required under subsection (a) shall include the following elements:
A detailed description of current and surge manufacturing capacity for Berry-compliant, government-issued boots, including suppliers of leather, textiles, soles, and components, as well as risks to supply chain resilience and small business participation. Surge manufacturing capacity includes all major domestic manufacturers of boots including those not currently supplying Berry-compliant boots.
A market survey of domestic boot manufacturers regarding interest in producing Berry-compliant boots if there were to be a requirement that all members of the Armed Forces are required to only wear Berry-compliant boots.
A time-phased schedule of actions, milestones, and resources required to achieve full Berry Amendment compliance for combat footwear across all military services by fiscal year 2028.
An assessment of how current policies allowing the wear of optional combat boots that are not Berry-compliant undermine the intent of the Berry Amendment and weaken the United States industrial base, and recommendations for coming into compliance.
A plan to implement and enforce narrowly tailored availability and medical exemptions, as authorized under section 4862(c) of title 10, United States Code, with controls to prevent overuse.
Steps to expand industrial capacity for Berry-compliant government-issued boots through multiyear contracting, demand forecasting, inventory planning, and attracting new Berry-compliant suppliers by requiring that optional boots must be Berry-compliant.
Section 4952 of title 10, United States Code, is amended—
in paragraph (1), by striking ; and and inserting a semicolon;
in paragraph (2), by striking the period at the end and inserting ; and; and
by adding at the end the following new paragraph:
to foster innovation for the defense industrial base and to diversify and expand the defense industrial base.
Section 4955(a)(4) of title 10, United States Code, is amended by striking $1,000,000 and inserting $1,500,000.
The Under Secretary of Defense for Acquisition and Sustainment may establish APEX centers of excellence to allow APEX centers to provide specialized expertise to business entities outside of the geographic bounds of the center. In carrying out this program, the Under Secretary may utilize the cost sharing waiver to enter into a cooperative agreement under section 4954 of title 10, United States Code.
Section 844(a) 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 Section 2533c and inserting Section 4872; and
by amending paragraph (1) to read as follows:
in subsection (a)—
in paragraph (1), by striking ; or and inserting a semicolon;
in paragraph (2)(B), by striking the period at the end and inserting ; or; and
by adding at the end the following new paragraph:
enter into a contract for any covered material mined, refined, or separated in any covered nation.’
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract or other agreement with a qualified organization to conduct an independent examination of the acquisition workforce of the Department of Defense.
The study required under subsection (a) shall include an assessment and comprehensive review of—
the effectiveness of the acquisition workforce in managing procurements and facilitating positive acquisition outcomes for the warfighter, including through the use of process performance measures or other business health metrics;
the process and authorities for recruiting and retaining the workforce, including a comparison of pay scales with other Federal agency and commercial analogues, the use of specialization within the acquisition field, and the use of career incentives or other specialized opportunities, such as job-broadening assignments or external training opportunities;
current training of the workforce, including training offered by and the structure of Defense Acquisition University and the Eisenhower School at National Defense University, as well as commercially available training or identification of certification or stackable micro-certification opportunities;
the size and mix of the acquisition workforce, including for acquisition-adjacent fields such as industrial security, counterintelligence, and finance;
the workload and span of control over contracting actions, based on contract award value and total number of individual awards;
the dependencies between contracting actions and the impact on the industrial security needs to support National Industrial Security Program requirements, including additional compliance costs, increased workload for security-related action, transparency on needs and requirements between the acquisition and security communities, and mechanisms to improve communication on needs and requirements between acquisition and security professionals;
the role of the acquisition workforce and its communication and integration with the requirements and budget communities; and
the data, productivity tools, and other information systems available to support acquisition workloads, including the availability of commercial tools.
Following the completion of the study under subsection (a), the qualified organization that conducts the study shall submit to the Secretary of Defense a report on the results of the study. The report shall include—
a summary of the research and other activities carried out as part of the study; and
recommendations to improve all aspects of acquisition workforce, including recruiting, retention, training, management, and workforce mix.
Not later than December 31, 2027, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an unaltered version of the report required under subsection (c), together with the Secretary’s assessment of the findings and recommendations of the study, including a plan for implementing the recommendations.
If a contractor, through the use of supply chain illumination policies, procedures, or analytical tools, discovers an item in the supply chain that is non-compliant with the restrictions outlined in subsection (d) but promptly discloses that discovery to the program office, the contractor shall be eligible for an expedited interim national security waiver in accordance with subsection (b) to deliver a capability, provided that the program manager is satisfied with the contractor’s corrective plan described in subsection (e).
Disclosures that are eligible under paragraph (1) include any disclosures made by the contractor to the program office, including disclosures resulting from supply chain illumination efforts conducted by the contractor, a sub-contractor, or by a third-party entity acting on behalf of the contractor or sub-contractor to increase supply chain transparency. Discoveries of non-compliance by the United States Government do not constitute eligible disclosures under paragraph (1).
A waiver described under this subsection is a waiver issued by the Secretary of Defense or the Secretary concerned (as defined in section 101 of title 10, United States Code) to a restriction outlined under subsection (d) allowing a contractor to—
accept delivery of an end item that contains non-conforming items if the program manager determines the non-confirming part does not represent a security, safety, or flight risk; and
make payment for the delivery of the end item.
The authority to issue a waiver under paragraph (1) may be delegated—
in the case of a waiver for one or more acquisition programs within a military department, to the senior acquisition executive of that military department; and
in the case of a waiver applicable to more than one military department, to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition and Sustainment.
An interim national security waiver shall be issued through a written determination that includes the following:
The preliminary facts and circumstances regarding the identified non-compliant parts and the likely cause for non-compliance.
The types of parts to which the interim waiver applies, including any additional parts currently being evaluated for potential non-compliance with the defense sourcing restriction statutes based on the findings in subparagraph (A).
A determination that the non-compliant parts and any additional parts being evaluated for potential non-compliance do not represent a security, safety, or flight risk.
An assessment of program risk due to non-compliance to include an overall risk level determination that if exceeded would require a new interim national security waiver.
Any interim national security waiver determination shall be submitted to the congressional defense committees within five days of the date of issuance.
The authority to issue an interim national security waiver under this subsection shall expire not later than January 1, 2027.
For the purposes of this section, non-compliant components are those that are covered by the following provisions of law:
Section 4863 of title 10, United States Code, relating to a requirement to buy strategic materials critical to national security from American sources.
Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. note prec. 4651), relating to a prohibition on procurements from Chinese military companies.
Section 4873 of title 10, United States Code, relating to additional requirements pertaining to printed circuit boards.
Section 154 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. note prec. 4651), relating to a prohibition on availability of funds for procurement of certain batteries.
Section 244 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. note prec. 4651), relating to a limitation on sourcing chemical materials for munitions from certain countries.
Section 805 the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. note prec. 4651), relating to a prohibition on procurements related to entities identified as Chinese military companies operating in the United States.
A contractor receiving a waiver under this section shall retain the responsibility to develop and implement a corrective plan to ensure future compliance and demonstrate the noncompliance was neither willful nor knowing. The contractor shall use reasonably expedient means to qualify an alternative compliant supplier, where available, for procurements of items that are to be incorporated into future deliveries of end items.
The authority under this section shall expire on January 1, 2027.
Not later than April 1, 2026, and April 1, 2027, the Under Secretary of Defense for Acquisition and Sustainment shall provide a briefing to the Committees on Armed Services of the Senate and House of Representatives on expedited acceptances authorized under this section and corrective action plans of contractors to ensure future compliance with existing authorities.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that details the stockpiles of critical munitions required to fight simultaneous conflicts in different theaters.
The report required under paragraph (1) shall include the following elements:
An estimate of the amount of each critical munition that would be required over the course of simultaneous conflicts, modeled on the assumption that a contingency operation in any one of the western Pacific, Europe, Middle East, or Korean Peninsula theaters would increase the likelihood of a contingency operation in the other theaters, including consideration of the prepositioning of stockpiles and the risk posed by moving stocks out of each theater.
The number of days before the joint force would exhaust its current stockpiles of critical munitions during simultaneous conflicts.
An estimate of the time required for the industrial base to replenish critical munition inventories during a simultaneous conflict, taking into account the Out-Year Unconstrained Total Munitions Requirement directed by section 222c of title 10, United States Code, and the study required by section 1705 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2968), but not the assumptions mandated by Department of Defense Instruction 3000.04, entitled ‘‘DoD Munitions Requirements Process”.
Production requirements for each critical munition needed to address the shortfall between current production rates and those required to meet the requirements determined pursuant to subparagraph (A).
The lessons learned from the war in Ukraine with respect to munition consumption rates.
Consideration of the projected munitions stockpiles of the military forces of the Russian Federation, the People's Republic of China, Iran, and the Democratic Republic of Korea, and forces affiliated with such military forces.
An exploration of the projected munitions stockpiles of the relevant United States allies in each theater and opportunities for them to enhance their contributions to burden-sharing.
Not later than 90 days after the Secretary of Defense submits the report required by subsection (a), the Secretary shall submit to the congressional defense committees a plan to implement critical munitions requirements to fight simultaneous conflicts in the next budget cycle. The plan shall include a description of what would be required of industry and United States arsenals and depots to meet such requirements.
The Secretary may waive the requirement under paragraph (1) if the Secretary submits to the congressional defense committees a report with a justification for the decision not to implement the results of the report required by subsection (a) into the requirements process for the next budget cycle. The report shall include an assessment of the gap between current requirements for critical munitions and those requirements identified in the report required by subsection (a).
In this section, the term critical munitions includes those designated on the Chairman of the Joint Chiefs of Staff’s critical munitions list.
Section 842 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2341 note) is amended—
in subsection (b)(2)—
in subparagraph (A), by striking ; and and inserting a semicolon;
by redesignating subparagraph (B) as subparagraph (C);
by inserting after subparagraph (A) the following new subparagraph:
commercially advanced digital manufacturing facilities for rapid, distributed parts production closer to the point of use; and
by striking subsection (g); and
by redesignating subsection (h) as subsection (g).
The Secretary of Defense shall establish an annual requirement for the production of an estimate of the demand by United States allies and partners for United States-produced munitions and specified expendables across the future-years defense plan.
Each estimate required under subsection (a)—
shall be disaggregated by specific munitions type and ally or partner; and
shall include analytical inputs, such as—
information set forth in all approved letters of offer and acceptance from foreign military sales cases;
assessments of all letters of request from foreign military sales cases;
estimates based on an operational analysis of foreign partner munitions needs for critical operational or contingency planning scenarios;
estimates based on an analysis of wargaming results that include foreign partner contributions in the relevant scenario; and
estimates based on bilateral or multilateral discussions between the United States Government and foreign governments.
Not later than March 1, 2026, the Secretary of Defense shall issue guidance for the development and collection of data necessary to support the production of the estimate required by subsection (a).
The guidance required by paragraph (1) shall include—
a consideration of the manner in which the requirement for such an estimate may be leveraged to support operational and contingency planning activities, wargaming, and net assessment activities; and
an analysis of the effect of the addition of such an estimate to the Out-Year Unconstrained Total Munitions Requirement required by section 222c of title 10, United States Code.
Not later than March 30, 2026, the Secretary of Defense shall conduct an assessment of existing relevant Department of Defense information systems of record to determine whether any such system, or combination of such systems, may be used or modified to collect and analyze data necessary to support the production of the estimate required by subsection (a) on an ongoing basis.
The assessment required by paragraph (1) shall take into consideration—
the cost and technical challenges of adopting or adapting a system described in that paragraph, or combination of such systems, for the purpose described in that paragraph; and
the estimated cost and technical challenges of establishing a new information system of record for such purpose.
In this section, the term specific expendables includes—
chaff;
flares;
sonobouys;
decoys;
disposable jammers; and
any other expendable the Secretary of Defense considers appropriate.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise subpart 242.15 of the Defense Federal Acquisition Regulation Supplement (DFARS) to modify contractor performance information requirements to establish an objective, fact-based, and simplified system for reporting contractor performance. The revised system shall—
focus exclusively on negative performance events that are verifiable and measurable to reduce subjectivity and inconsistency in evaluations;
reduce the administrative burden on contracting officers by limiting reporting to prior contractor failures or poor performance; and
ensure the government can identify and avoid contractors with a history of poor performance or bad actions.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise subpart 242.15 of the DFARS and related guidance, including the Contractor Performance Assessment Reporting System (CPARS) to provide for the following requirements related to contract performance information:
Subjective performance ratings for contracts subject to this section shall be eliminated.
Performance evaluations shall be limited to the reporting and scoring of negative performance events as described in subsections (c) and (d).
Contracting officers shall report only negative performance events with verifiable data which have a material impact on contract performance or government interests, including events involving subcontractors.
Reporting shall exclude positive or neutral performance assessments, except as necessary to provide context for a negative performance event.
Contracting officers shall report negative performance events within 30 days of identifying and verifying the event.
Annual or periodic performance evaluations shall not be required unless a negative performance event occurs.
Negative performance events and their associated scores, as calculated under subsection (c), shall be considered in source selection evaluations to assess contractor risk and responsibility.
The absence of negative performance events for a contractor, including nontraditional defense contractors or new entrants, shall not be considered a deficiency in past performance evaluations. Such contractors shall be evaluated based on technical capability, price, and other relevant factors.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise subpart 242.15 of the DFARS and related guidance, including the Contractor Performance Assessment Reporting System (CPARS) to provide for the following requirements related to a scoring mechanism for negative performance events:
To ensure fair and equitable evaluation of contractors, a standardized scoring mechanism shall normalize negative performance events based on the number of transactions and the dollar volume of contracts performed by the contractor.
The composite score shall be reported in CPARS alongside the negative performance events and used in source selection to assess past performance risk.
Scores shall be calculated automatically by the CPARS system based on data entered by contracting officers, including the number of transactions and contract dollar value.
Contractors shall have access to their composite scores and the underlying data (number of events, transactions, and dollar volume) through CPARS.
Contractors may submit comments or rebuttals to reported events or scores, which shall be maintained in CPARS for consideration in source selection.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise subpart 242.15 of the DFARS and related guidance, including the Contractor Performance Assessment Reporting System (CPARS) to provide for the following requirements related to key issues of negative performance:
Contracting officers shall report the following negative performance events, based on verifiable data or objective evaluations:
Delivery of products failing to meet contract requirements, as verified by government inspection reports, quality assurance records, or testing results.
Failure to meet contract delivery schedules, as documented in contract milestones, delivery orders, or government correspondence.
Incorrect or unauthorized markings on technical data or software, or improper assertions of restrictive rights, as verified by government review or legal findings.
Submission of inaccurate, incomplete, or misleading cost or pricing data, as identified through audits by the Defense Contract Audit Agency (DCAA) or other authorities.
Failure to include mandatory contract clauses in subcontracts, as verified by contract reviews or audits.
Submission of false claims, fraudulent invoices, or misrepresentations, as substantiated by investigations, legal findings, or government records.
Failure to comply with safety, environmental, or other regulatory requirements, as documented by government inspections or citations.
Failure to meet cybersecurity requirements or significant breaches caused by contractor negligence, as verified by government assessments or incident reports.
The Secretary of Defense may establish additional negative performance indicators, provided they are—
based on verifiable data or objective evaluations; and
published in the Defense Federal Acquisition Regulation Supplement (DFARS) with clear criteria for identification and reporting.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue revised regulations under revise subpart 242.15 of the DFARS to include standardized templates for reporting negative performance events and calculating composite scores.
The Secretary of Defense shall develop and provide training for contracting officers on—
identifying, verifying, and reporting negative performance events; and
entering data for transaction counts and contract dollar values to support the scoring mechanism.
Guidance shall emphasize the use of objective evidence and the exclusion of subjective judgments, including—
standardized templates for reporting negative performance events;
guidelines for weighting negative performance scores in source selection; and
procedures for quality assurance reviews and contractor dispute resolution.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall modify the CPARS system to—
support the categorization of negative performance events;
eliminate fields for subjective ratings;
automatically calculate composite scores based on reported data;
include a mechanism for contractors to review and respond to reported events and scores; and
integrate with the Federal Awardee Performance and Integrity Information System (FAPIIS) for seamless data sharing.
For contracts awarded prior to the effective date of the revised regulations, contracting officers may complete existing CPARS evaluations under the prior system until the contract is closed or terminated.
New evaluations for contracts awarded after the date of the revised implementing regulations shall comply with this section.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the implementation of the revised Contractor Performance Assessment Reporting System required by this section.
Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the revised contractor performance information system to assess—
its effectiveness in achieving the purposes outlined in subsection (a);
the accuracy and fairness of the scoring mechanism; and
the system’s impact on competition and nontraditional defense contractor participation.
In this section:
The term negative performance event means a verifiable instance of contractor failure or poor performance, as described in subsection (d).
The term nontraditional defense contractor has the meaning given the term in section 3014 of title 10, United States Code.
The term verifiable data means objective evidence documented in contract records, inspection reports, audits, correspondence, or other government records.
The following provisions are hereby repealed:
Section 3070 of title 10, United States Code.
Section 874 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. note prec. 3101).
Section 810 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 3101).
Section 3106 of title 10, United States Code.
Section 8688 of title 10, United States Code.
Subsections (a)–(c) of section 804 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4356).
Section 822 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. note prec. 3201).
Section 892 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 3201 note).
Section 805 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 3201 note).
Section 823 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 3204 note).
Section 802 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 3206 note).
Section 3208 of title 10, United States Code.
Section 852 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. note prec. 3241).
Subsections (a)–(f) of section 866 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 3241).
Section 143 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. note prec. 3241).
Section 254 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. note prec. 3241).
Section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 3241).
Section 851 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. note prec. 3241).
Section 314 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. note prec. 3241).
Section 826 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 10 U.S.C. note prec. 3241).
Section 806 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. note prec. 3241).
Section 368 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 3303 note).
Section 875 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. note prec. 3344 ).
Section 816 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. note prec. 3344).
Section 3373 of title 10, United States Code.
Section 883 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 3372 note).
Section 3455 of title 10, United States Code.
Section 3678 of title 10, United States Code.
Section 133 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 3678 note).
Section 891 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 3804 note).
Section 380 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note).
Section 1056 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4001 note).
Section 1603 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 4007 note).
Section 1089 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 4025 note).
Section 812 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. note prec. 4061).
Section 235 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4126 note).
Section 227 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. note prec. 4141).
Section 252 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. note prec. 4141).
Section 1043 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 4174 note).
Section 828 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4201).
Section 1252 of the Defense Procurement Reform Act of 1984 (Public Law 98–525; 10 U.S.C. 4205 note).
Section 812 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 4211).
Section 806 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. note prec. 4211).
Section 818 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. note prec. 4231).
Section 802(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4251 note).
Section 4271 of title 10, United States Code.
Section 814 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 4271 note).
Section 925(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4271 note).
Section 812 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 4325 note).
Section 4423 of title 10, United States Code.
Section 831(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 4501).
Section 863(a)–(h) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 4501).
Section 832 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. note prec. 4501).
Section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4571).
Section 938 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. note prec. 4571).
Section 1272 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 4571 note).
Section 2867 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 4571 note).
Section 215 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 4571 note).
Section 881 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 4571 note).
Section 804 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 4571 note).
Chapter 345 of title 10, United States Code.
Section 378 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 113 note).
Section 846(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4811 note).
Section 932 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2224 note).
Section 849 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1487).
Section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2402).
Section 881 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4601).
Section 802 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. note prec. 3062).
Section 913 of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 10 U.S.C. note prec. 3201).
Section 821 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 3451).
Section 824(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 3774 note).
Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 3451).
Section 844(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3453 note).
Section 238(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 4841 note).
Subtitle D of title II of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3175).
Section 214 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 4841 note).
Section 218 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 8013 note).
Section 229 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4001 note).
Section 232 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4001 note).
Section 222 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4014 note).
Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).
Section 843 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4171).
Section 938 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. note prec. 4571).
Section 1651 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4571 note).
Section 1064 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4571 note).
Section 854 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. 4571 note).
Section 865 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4811 note) is amended—
in subsection (b)—
in paragraph (2), by striking ; and and inserting a semicolon;
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following new paragraph:
produce all critical readiness parts and systems, including those identified as having sole-source dependencies, excessive lead times, unreasonable pricing, or other supply chain deficiencies; and
in subsection (d)—
in paragraph (7), by striking ; and and inserting a semicolon;
in paragraph (8), by striking the period at the end and inserting ; and; and
by adding at the end the following new paragraph:
the Department of Defense avoids duplication of review processes for the approval of aircraft parts and components and repairs that have already been approved by a civil aviation authority under a Parts Manufacturer Approval (PMA) or Designated Engineering Representative (DER) spare or repair certification and approval processes unless a written justification is approved by the commander of a systems command of a military service and reported to the congressional defense committees.
by redesignating subsections (f) through (j) as subsections (g) through (k), respectively;
by inserting after subsection (e) insert the following new subsection:
Each military department shall establish an Expedited Qualification Panel (EQP). The EQP shall develop standardized templates for Source Approval Requests (SARs) and review expedited SARs or PMAs within 14 days, issuing conditional approvals (valid for 12 months) or full approvals based on tiered risk criteria, and leverage designated engineering representatives or equivalent third-party certified engineers when appropriate.
by adding at the end the following new subsection:
In this section:
The term critical readiness parts and systems has the meaning given the term in section 4324 of title 10, United States Code.
The term non-safety critical items, or non-mission critical items includes the following items:
Major risk parts or systems whose failure causes structural damage or significant mission degradation and requires finite element modeling, fracture analysis, comparison to similar parts, or similar methods.
Minor risk parts and systems that only have form, fit, and function requirements verified by dimensional coordinate measuring machines, go/no-go gauges, or similar methods.
Low risk parts and systems that are consumable or non-critical, requiring material certification, visual inspections, or similar methods.
The term safety critical items or mission critical items means parts or systems whose failure causes loss of control, catastrophic failure, or loss of life, and require full qualification, simulation, and physical testing with Engineering Support Activity witnessing.
Section 4324 of title 10, United States Code, is amended—
in subsection (b)(1)—
in subparagraph (B), by inserting in coordination with operational commands and users after appropriate metrics; and
by striking subparagraph (I) and redesignating subparagraph (J) as subparagraph (I);
in subsection (c)—
by amending paragraph (1) to read as follows:
The Secretary of Defense shall require that each covered system be supported by a product support manager that shall integrate sustainment activities across the Portfolio Acquisition Executive, materiel and systems commands, sustainment working capital funds, and other elements of the sustainment enterprise by establishing a coordinated process to ensure weapon system readiness and affordability throughout the lifecycle.
in paragraph (2) by striking subparagraphs (B) through (I) and inserting the following new subparagraphs:
adopt predictive analytics and simulation and modeling tools to improve material availability and reliability, increase operational availability rates, and reduce operation and sustainment costs;
select, transfer, direct, and coordinate product support integrators and product support providers across materiel commands, depots, sustainment working capital funds, and commercial entities to execute the product support strategy and maintain updated parts cataloging and provisioning;
review and recommend resource allocations across product support integrators and product support providers to meet performance requirements of the product support strategy;
prevent and resolve all diminishing manufacturing supply and material shortages and critical readiness parts and systems issues;
manage the end-to-end coordination of qualification, certification, and test of alternative sources of supply;
ensure evaluation of offerors on a solicitation includes—
a parts selection plan that enables interoperability, maintainability, and commercially supportable designs;
updated logistics product data and maintenance manuals; and
data rights and data ordering consistent with the intellectual property management plan in the life cycle sustainment plan;
inspect, accept, and manage data deliveries and conformance of such data with configuration changes in consultation with Defense Contract Management Agency; and
update the product support strategy continuously as required, at a minimum every five years.
by adding at the end the following paragraphs:
Each Portfolio Acquisition Executive shall establish a Major Program Manager to manage sustainment activities for in-service systems and oversee all product support managers of covered systems to ensure an expert focus on sustainment.
The Secretary of Defense shall establish a formal career path for product support managers, including selection criteria, training programs, and certification requirements, aligned with the standards set forth in chapter 87 of this title. Product support managers shall be selected from military and civilian personnel with demonstrated expertise in sustainment, logistics, supply chain, or engineering, and incentivized with career progression opportunities equivalent to acquisition program managers.
Each sustainment working capital fund entity shall establish a liaison officer program to serve as the dedicated point of contract to align working capital fund management with product support manager activities for all covered systems.
in subsection (d)—
in paragraph (5) by inserting any acquisition or in-service program that is after The term covered system means; and
by adding at the end the following new paragraph:
The term critical readiness parts and systems means all parts and systems causing parts causing Mission Impaired Capability Awaiting Parts (MICAP), Not Mission Capable Supply (NMCS), or Casualty Report (CASREP) Category 3 or 4 status, as defined by the Department of Defense and respective military services, or other parts or systems designated by the Secretary of Defense as impacting readiness.
Title 10, United States Code, is amended—
in section 1749(f)(1), by striking on a reimbursable basis;
in section 2222(i)(1)(A)—
in clause (vi), by adding or real estate system after An installations management; and
by adding at the end the following new clauses:
A budget system.
A retail system.
A health care system.
A travel and expense system.
A payroll system.
A supply chain management system.
A enterprise resource planning system.
A contractor management system.
in section 3012(3)(B), by striking lowest overall cost alternative and inserting best value;
in section 3069—
in subsection (a), by striking if that head of an agency and all that follows through a complete end item;
by striking subsections (b) and (d); and
by redesignating—
subsection (c) as subsection (b); and
subsection (e) as subsection (c);
in section 3204(e)—
in paragraph (1), by striking subparagraph (B) and inserting the following:
the justification is approved—
in the case of a contract for an amount exceeding the simplified acquisition threshold (but not more than $100,000,000)—
by the competition advocate for the contracting activity (without further delegation); or
by an official referred to in clause (ii) or (iii);
in the case of a contract for an amount exceeding $100,000,000 (but not more than $500,000,000)—
by the head of the contracting activity (without further delegation);
by an official referred to in clause (iii); or
for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, by the director of the agency; or
in the case of a contract for an amount exceeding $500,000,000—
by the senior procurement executive for the agency as designated for the purpose of section 1702(c) of title 41 (without further delegation);
in the case of the Under Secretary of Defense for Acquisition and Sustainment, acting in the capacity as the senior procurement executive for the Department of Defense, by the delegate of the Under Secretary as designated pursuant to paragraph (6); or
for the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or the Missile Defense Agency, by the director of the agency; and
in paragraph (6)—
by striking (A) The authority of the head and all that follows through (B) The authority of the Under Secretary and inserting The authority of the Under Secretary;
by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively;
in section 3226(d), by amending paragraph (2) to read as follows:
Funds described in paragraph (1) may be used—
to cover any increased program costs identified by a revised cost analysis or target developed pursuant to subsection (b);
to acquire additional end items in accordance with section 3069 of this title; or
to cover the cost of risk reduction and process improvements.
in section 3243(d)—
in paragraph (1)(B), by striking subject to paragraph (2),;
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2);
in section 3374(a)—
in the heading, by striking certain reduced after Allowed profit to reflect;
in paragraph (1), by striking and;
in paragraph (2), by striking the period and inserting ; and; and
by adding at the end the following new paragraph:
the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs—
would otherwise have been directly chargeable under the contract post-award; and
were incurred to meet—
the anticipated contract delivery schedule of the agency; or
the anticipated contract price targets of the agency.
in section 3703(a)(1)(A), by striking competition that results in at least two or more responsive and viable competing bids and inserting price competition;
in section 3705, by amending subsection (b) to read as follows:
In the event the contracting officer is unable to determine proposed prices are fair and reasonable by any other means, an offeror who fails to make a good faith effort to comply with a reasonable request to submit data in accordance with subsection (a) is ineligible for award unless the head of the agency initiates the assessment of the offeror as a source of supply for industrial capabilities under the authorities provided by sections 865 and 882 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159).
in section 4201—
in subsection (a)(2)—
in subparagraph (A), by striking $300,000,000 (based on fiscal year 1990 constant dollars) and inserting $1,000,000,000 (based on fiscal year 2024 constant dollars); and
in subparagraph (B), by striking $1,800,000,000 (based on fiscal year 1990 constant dollars) and inserting $5,000,000,000 (based on fiscal year 2024 constant dollars); and
in subsection (b), by adding at the end the following new paragraph:
An acquisition program for software and covered hardware as described by section 3603 of this title.
in section 4882, by striking the President, through the head of any department, each place it appears and inserting the Secretary of Defense; and
in section 4884, by striking The President and inserting The Secretary of Defense.
in section 4231—
by striking subsection (a);
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
by inserting before subsection (c), as redesignated by subparagraph (B), the following new subsections:
The number of low-rate initial production lots associated with a major defense acquisition program may not be more than one if—
the milestone decision authority authorized the use of a fixed-price type contract at the time of Milestone B approval; and
the scope of the work covered by the fixed-price type contract includes the development and the low-rate initial production of items for the major defense acquisition program.
The acquisition executive of the applicable service, or a designee of the executive, may waive the limitation under paragraph (1) if—
the waiver authority is not delegated to the contracting officer; and
written notification of the waiver, which includes the associated rationale, is provided to the congressional defense committees not later than 30 days after the date on which the waiver is issued.
With respect to a fixed-price type contract for the procurement of shipbuilding associated with a major defense acquisition program, the number of ships to be procured under the contract, including all options, may not be more than two ships if the scope of the work covered by the contract includes the detail design for the ship and the construction of items for the launch and eventual delivery of the completed ship.
The Secretary concerned may waive the limitation under paragraph (1) if, not later than 30 days after the date on which the waiver is issued, the Secretary submits to the congressional defense committees a written notification of the waiver that includes a certification that the basic and functional design of any ship to be procured under the contract described in paragraph (1) is complete.
by adding at the end the following new subsection:
In this section:
The term basic and functional design has the meaning given such term in section 8669c of this title.
The term construction means steel cutting, module fabrication, assembly, outfitting, keel laying, and module erection.
The term detail design means design using computer-aided modeling to enable the generation of work instructions that show detailed system information and support construction, including—
guidance for subcontractors and suppliers;
installation drawings;
schedules;
material lists; and
lists of prefabricated materials and parts.
The term major defense acquisition program has the meaning given such term in section 4201 of this title.
The term Milestone B approval has the meaning given such term in section 4172 of this title.
The term milestone decision authority has the meaning given such term in section 4211 of this title.
Section 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 3701) is amended—
in the heading, by striking pilot;
by striking pilot each place it appears;
in subsection (b)(2), by striking minimal reporting and inserting no unique reporting; and
by striking subsections (c) and (d).
Section 864(d) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended—
in the subsection heading, by striking Capacity-Based and inserting Capability-Based; and
in paragraph (4), by striking increased capacity and inserting increased capability.
Section 222c of title 10, United States Code, is amended—
in subsection (a), by adding at the end the following new paragraph:
The minimum production levels.
by redesignating subsection (f) as subsection (g); and
by inserting after subsection (e) the following new subsection:
The Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the chiefs of staff of the armed forces, shall annually determine the minimum production level for each variant of munitions required to meet the Out-Year Unconstrained Total Munitions Requirement reported under subsection (a)(1).
The minimum production level for each munition shall be calculated based on the Total Out-Year Unconstrained Total Munitions Requirement, as specified in subsection (c)(6), and shall account for the following:
The inventory objective requirements for each category listed in paragraphs (1) through (5) of subsection (c) and paragraph (8) of such subsection.
The out-year worldwide inventory reported under subsection (c)(7).
The time required to meet the Out-Year Unconstrained Total Munitions Requirement, as reported pursuant to paragraphs (1) and (2) of subsection (e).
The Secretary of Defense shall ensure that the minimum production levels determined under this subsection are incorporated into the planning, programming, budgeting, and execution process of the Department of Defense to align munitions procurement with the Out-Year Unconstrained Total Munitions Requirement.
For critical readiness parts and systems, the Secretary of Defense shall enhance military readiness by incentivizing the design activity to expand sources of supply for critical readiness parts and systems, through expedited qualification processes, advanced manufacturing techniques, and risk-informed certification.
The Secretary of Defense shall ensure that all new or modified contracts with a prime contractor shall include contracting incentives to expand sources of supply with each design activity at any tier of the supply chain for systems with critical readiness parts and systems.
For any identified critical readiness part or system, the design activity shall, not later than 60 days after notification by the Department of Defense, conduct a review and propose reclassification of the Acquisition Method Suffix Code (AMSC) to reduce sole-source dependency for any part or system with a lead time greater than, unless the Secretary of Defense grants a waiver based on national security or operational necessity.
The design activity shall submit supplier diversification plans not later than 90 days after contract award, detailing proposed supplier qualifications and projected benefits.
Noncompliance shall result in corrective action requests, reduced contractor performance ratings, or contract termination.
The Secretary of Defense shall expedite qualification procedures for critical readiness parts and systems in collaboration with the design activity at any tier of the contract supply chain.
The Secretary of Defense may delegate authority to designated engineering representatives (DERs) of the Federal Aviation Administration or equivalent third-party certified engineers for specific tasks for parts approved through the Federal Aviation Administration’s Parts Manufacturer Approval (PMA) processes.
The Secretary of Defense shall mandate the use of simulation-based verification for certifying critical readiness parts and systems, reducing reliance on physical testing for non-safety critical items, or non-mission critical items, as those terms are defined in section 865 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4811 note).
Design activities or DERs shall submit to the Department upon request simulation-based evidence, such as structural/strength analysis reports and fault trees.
Engineering Support Activities (ESAs) shall accept simulation data as primary evidence for non-safety critical items, or non-mission critical items, with conditional approvals issued within 14 days for critical readiness parts and systems.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a Department-wide simulation validation framework incorporating third-party lab testing.
If a design activity is unwilling or unable to initiate expedited qualification or source alternative suppliers for critical readiness parts and systems within 30 days of notification, the Secretary of Defense shall—
review and enforce government access to technical data deliverables to enable alternative sourcing under subchapter I of chapter 275 of title 10, United States Code; or
initiate reverse engineering to qualify new suppliers using the pilot program established under section 882 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 3771 note).
Not later than December 31, 2027, the Secretary of Defense shall submit to the congressional defense committees report detailing—
the number of critical readiness parts and systems addressed through AMSC reclassification, supplier diversification, and reverse engineering;
the implementation status of expedited templates, simulation use, and fast-track processes;
compliance by design activities, including enforcement actions and data rights disputes; and
the impact on critical readiness parts and system resolution times and readiness metrics.
In this section:
The term critical readiness parts and systems has the meaning given the term in section 4324 of title 10, United States Code.
The term design activity has the meaning given the term in Revision C to Military Standard 31000 (MIL–STD–31000C), entitled Technical Data Packages, or successor document.
Except as provided by paragraph (2), the Secretary of Defense shall issue a duty-free entry certificate for any of the following supplies imported pursuant to a procurement contract entered into by the Department of Defense:
An end product or component imported from a country with which the United States has a memorandum of understanding for reciprocal procurement of defense items in effect under section 4851 of title 10, United States Code.
A defense item that is an eligible product as defined in section 308 of the Trade Agreements Act of 1979 (19 U.S.C. 2518).
Paragraph (1) does not apply with respect to a product or component described in that paragraph if—
the product or component is eligible for duty-free treatment under the column 1 special rate of duty column of the Harmonized Tariff Schedule of the United States; or
the product or component has already entered the customs territory of the United States and the contractor already has paid the duty with respect to the product or component.
The Secretary shall—
track the impact of economic fluctuations, include tariffs, supply chain disruptions and inflation, on all major prime contracts entered into by the Department of Defense; and
not later than January 30, 2026, submit to the congressional defense committees a report that includes—
an assessment of cost increases to both the Department and contractors as a result of tariffs imposed under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862);
an assessment of the effects of such tariffs on supply chains and lead times for major defense platforms; and
a summary of agreements entered into under section 4851 of title 10, United States Code, and an assessment of the application of those agreements to the defense supply chain.
Not later than January 30, 2026, and annually thereafter until January 30, 2030, the Secretary, acting through the Director of the Defense Contract Management Agency, shall submit to the congressional defense committees a report on articles classified under subheading 9808.00.30 of the Harmonized Tariff Schedule of the United States that includes—
a summary of such articles for which the Secretary issued a duty-free entry certificate; and
a summary of such articles for which a duty-free entry certificate was requested and denied.
Any project carried out by the Department of Defense using other transaction authority under section 4021 of title 10, United States Code, shall be reported in the same manner as other Department of Defense expenditures for inclusion in the searchable public website established by the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note; Public Law 109–282).
In this section, the term Department means the Department of Defense.
The Comptroller General of the United States shall conduct an assessment of the competitive effects of defense contractor mergers and acquisitions during the 10-year period ending on the date of enactment of this Act that includes—
company compliance with recommended remedies;
effectiveness of remedies to address competition concerns, industrial base sustainability, and national security risks raised by the Department of Justice, Federal Trade Commission, and Department in the merger review process;
information sharing between the Department of Justice, Federal Trade Commission, and the Department in the merger and acquisition review process;
Department processes for measuring the impacts of vertical integration on competition, including data collection and ability to access industry information to assess anticompetitive practices; and
implementation of previous Government Accountability Office, Department, and Defense Science Board recommendations to enhance competition.
The Secretary of Defense shall evaluate telecommunications equipment and services manufactured or provided by TP-Link Technologies Co., Ltd. and its subsidiaries to determine whether such equipment and services should be designated as covered telecommunications equipment or services under section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 41 U.S.C. 3901 note prec.).
Not later than December 1, 2026, the Secretary of Defense shall brief the congressional defense committees on the determination made under subsection (a).
The Department of Defense may not procure for resale any generic drug unless the seller of such generic drug discloses the country the generic drug was manufactured in and the country of origin for all active pharmaceutical ingredients and key starting materials.
The Secretary of Defense may not directly or indirectly acquire any computer or printer if the manufacturer is a covered Chinese entity.
The Secretary of Defense shall ensure that the prohibition under subsection (a) also applies to indirect sales through exempt subsidiaries. No covered entity may use an exempt subsidiary to circumvent the prohibition on the acquisition of computers, unified communication devices, or printers.
This section shall apply only with respect to contracts or other agreements entered into, renewed, or extended in accordance with the percentage thresholds specified in subsection (d), for end user computing devices such as laptops, desktops, and other physical computing equipment. This section shall not apply to contracts or other agreements for cloud-based services, including virtual desktops, or cellular telephones.
The percentage thresholds referred to in subsection (c) are, for both computers and printers, as follows:
Not less than 10 percent of the Department’s total procurement beginning in fiscal year 2026.
Not less than 25 percent of the Department’s total procurement beginning in fiscal year 2027.
Not less than 50 percent of the Department’s total procurement beginning in fiscal year 2028.
100 percent of the Department’s total procurement beginning in fiscal year 2029.
The Secretary of Defense may allow acquisition of items not for operational use, to conduct testing, evaluation, exfiltration, and reverse engineering missions on adversarial products and capabilities.
In this section:
The term computer—
means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device; and
does not include an automated typewriter or typesetter, a portable handheld calculator, or other similar device.
The term country of concern means the Government of the People's Republic of China.
The term covered Chinese entity means an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, determines to be—
an entity whose ultimate parent company is domiciled in the People's Republic of China and therefore required to comply with China's 2015 National Security Law, China's 2017 National Intelligence Law, and other Chinese laws that require such ultimate parent company to cooperate with Chinese national defense and national intelligence agencies; or
an entity or parent company of any entity in which a country of concern has an ownership stake.
The term manufacturer means—
the entity that transforms raw materials, miscellaneous parts, or components into the end item;
any entity that subcontracts with the entity described in subparagraph (A) for the entity described in such subparagraph to transform raw materials, miscellaneous parts, or components into the end item;
any entity that otherwise directs the entity described in subparagraph (A) to transform raw materials, miscellaneous parts, or components into the end item; or
any parent company, subsidiary, or affiliate of the entity described in subparagraph (A).
The term printer—
means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service that may or may not be designed to reside on a work surface, and include various print technologies, including laser and light-emitting diode (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and multi-function or all-in-one devices that perform different tasks, including copying, scanning, faxing, and printing;
includes floor-standing printers, printers with optional floor stand, or household printers; and
does not include point of sale (POS) receipt printers, calculators with printing capabilities, label makers, or non-standalone printers that are embedded into products that are not covered by the definition in subparagraphs (A) and (B).
The Secretary of Defense may not operate, or enter into or renew a contract for the procurement of—
a covered additive manufacturing machine that—
is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
uses operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or
uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or
a system or systems that incorporates, interfaces with, or otherwise uses additive manufacturing systems or machines described in paragraph (1).
The prohibition under subsection (a) does not apply to the operation or procurement of additive manufacturing systems or machines for the purposes of testing, analysis, and training related to intelligence, electronic warfare, and information warfare operations.
The Secretary of Defense may waive the prohibition under subsection (a) on a case-by-case basis by certifying in writing to the congressional defense committees that the operation or procurement of additive manufacturing systems or machines is required in the national interest of the United States.
In this section:
The term additive manufacturing machine means a system of integrated hardware and software used to realize an additive manufacturing process, including the deposition of material and the associated post-processing steps as applicable.
The term additive manufacturing process means a process of joining materials to make parts from 3D model data, usually layer upon layer, as opposed to subtractive manufacturing methodologies.
The term covered additive manufacturing company means any of the following:
Any entity that produces or provides additive manufacturing machines and is included on—
the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or
the civil-military fusion list maintained under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note).
Any entity that produces or provides additive manufacturing machines and—
is domiciled in a covered foreign country; or
is subject to unmitigated foreign ownership, control, or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program or any successor to such program.
The term covered additive manufacturing machine means additive manufacturing machines and any related services and equipment manufactured by a covered additive manufacturing company.
The term covered foreign country means the People’s Republic of China, Iran, the Democratic People's Republic of Korea, and the Russian Federation.
The head of an executive agency may not—
procure or obtain any biotechnology equipment or service produced or provided by a biotechnology company of concern; or
enter into a contract or extend or renew a contract with any entity that—
uses biotechnology equipment or services produced or provided by a biotechnology company of concern and acquired after the applicable effective date in subsection (c) in performance of the contract with the executive agency; or
enters into any contract the performance of which such entity knows or has reason to believe will require, in performance of the contract with the executive agency, the use of biotechnology equipment or services produced or provided by a biotechnology company of concern and acquired after the applicable effective date in subsection (c).
The head of an executive agency may not obligate or expend loan or grant funds to, and a loan or grant recipient may not use loan or grant funds to—
procure, obtain, or use any biotechnology equipment or services produced or provided by a biotechnology company of concern; or
enter into a contract or extend or renew a contract with an entity described in subsection (a)(2).
With respect to the biotechnology companies of concern covered by subsection (f)(2)(A), the prohibitions under subsections (a) and (b) shall take effect 60 days after the Federal Acquisition Regulation is revised pursuant to subsection (h).
With respect to the biotechnology companies of concern covered by subsection (f)(2)(B), the prohibitions under subsections (a) and (b) shall take effect 180 days after the Federal Acquisition Regulation is revised pursuant to subsection (h).
Prior to the date that is 5 years after a revision to the Federal Acquisition Regulation pursuant to subsection (h) that identifies a biotechnology company of concern covered by subsection (f)(2), subsections (a)(2) and (b)(2) shall not apply to biotechnology equipment or services produced or provided under a contract or agreement, including previously negotiated contract options, entered into before the effective date under paragraph (2).
The term biotechnology equipment or services produced or provided by a biotechnology company of concern shall not be construed to refer to any biotechnology equipment or services that were formerly, but are no longer, produced or provided by biotechnology companies of concern.
The head of the applicable executive agency may waive the prohibition under subsections (a) and (b) on a case-by-case basis—
with the approval of the Director of the Office of Management and Budget, in coordination with the Secretary of Defense; and
if such head submits a notification and justification to the appropriate congressional committees not later than 30 days after granting such waiver.
Except as provided in clause (ii), a waiver granted under subparagraph (A) shall last for a period of not more than 365 days.
The head of the applicable executive agency, with the approval of the Director of the Office of Management and Budget, and in coordination with the Secretary of Defense, may extend a waiver granted under subparagraph (A) one time, for a period up to 180 days after the date on which the waiver would otherwise expire, if such an extension is in the national security interests of the United States and if such head submits a notification and justification to the appropriate congressional committees not later than 10 days after granting such waiver extension.
The head of an executive agency may waive the prohibitions under subsections (a) and (b) with respect to a contract, subcontract, or transaction for the acquisition or provision of health care services overseas on a case-by-case basis—
if the head of such executive agency determines that the waiver is—
necessary to support the mission or activities of the employees of such executive agency described in subsection (e)(2)(A); and
in the interest of the United States;
with the approval of the Director of the Office of Management and Budget, in consultation with the Secretary of Defense; and
if such head submits a notification and justification to the appropriate congressional committees not later than 30 days after granting such waiver.
The prohibitions under subsections (a) and (b) 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.) or any authorized intelligence activities of the United States;
the acquisition or provision of health care services overseas for—
employees of the United States, including members of the uniformed services (as defined in section 101(a) of title 10, United States Code), whose official duty stations are located overseas or are on permissive temporary duty travel overseas; or
employees of contractors or subcontractors of the United States—
who are performing under a contract that directly supports the missions or activities of individuals described in subparagraph (A); and
whose primary duty stations are located overseas or are on permissive temporary duty travel overseas;
the acquisition, use, or distribution of human multiomic data, lawfully compiled, that is commercially or publicly available; or
the procurement of medical countermeasures, medical products, and related supplies, including ancillary medical supplies, in direct response to a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d).
Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall publish a list of the entities that constitute biotechnology companies of concern based on a list of suggested entities that shall be provided by the Secretary of Defense in coordination with the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of State, and the National Cyber Director.
In this section, the term biotechnology company of concern means—
an entity that is identified in the annual list published 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 (Public Law 116–283; 134 Stat. 3965; 10 U.S.C. 113 note);
any entity that is determined by the process established in paragraph (1) to meet the following criteria—
is subject to the administrative governance structure, direction, control, or operates on behalf of the government of a foreign adversary;
is to any extent involved in the manufacturing, distribution, provision, or procurement of a biotechnology equipment or service; and
poses a risk to the national security of the United States based on—
engaging in joint research with, being supported by, or being affiliated with a foreign adversary’s military, internal security forces, or intelligence agencies;
providing multiomic data obtained via biotechnology equipment or services to the government of a foreign adversary; or
obtaining human multiomic data via the biotechnology equipment or services without express and informed consent; and
any subsidiary, parent, affiliate, or successor of an entity described in subparagraphs (A) or (B), provided it meets the criteria set forth in subparagraph (B)(i).
Not later than 180 days after publication of the list pursuant to paragraph (1), and any update to the list pursuant to paragraph (4), the Director of the Office of Management and Budget, in coordination with the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of State, and the National Cyber Director, shall establish guidance as necessary to implement the requirements of this section.
The Director of the Office of Management and Budget, in coordination with or based on a recommendation provided by the Secretary of Defense, the Attorney General, the Secretary of Health and Human Services, the Secretary of Commerce, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of State, and the National Cyber Director, shall periodically, though not less than annually, review and, as appropriate, modify the list of biotechnology companies of concern, and notify the appropriate congressional committees of any such modifications.
A notice of a designation as a biotechnology company of concern under paragraph (2)(B) shall be issued to any biotechnology company of concern named in the designation—
advising that a designation has been made;
identifying the criteria relied upon under such subparagraph and, to the extent consistent with national security and law enforcement interests, the information that formed the basis for the designation;
advising that, within 90 days after receipt of notice, the biotechnology company of concern may submit information and arguments in opposition to the designation;
describing the procedures governing the review and possible issuance of a designation pursuant to paragraph (1); and
where practicable, identifying mitigation steps that could be taken by the biotechnology company of concern that may result in the rescission of the designation.
The Director of the Office of Management and Budget shall submit the notice required under subparagraph (A) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
Not later than 7 days after receiving any information and arguments in opposition to a designation pursuant to subparagraph (A)(iii), the Director of the Office of Management and Budget shall submit such information to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
Any designation made under paragraph (1) or paragraph (4) shall not be made publicly available until the Director of the Office of Management and Budget, in coordination with appropriate agencies, reviews all information submitted under paragraph (5)(A)(iii) and issues a final determination that a company shall remain listed as a biotechnology company of concern.
Not later than 270 days after the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Attorney General of the United States, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of State, and the National Cyber Director, shall complete an assessment of risks to national security posed by human multiomic data from United States citizens that is collected or stored by a foreign adversary from the provision of biotechnology equipment or services.
Not later than 30 days after the completion of the assessment developed under paragraph (1), the Director of National Intelligence shall submit a report with such assessment to the appropriate congressional committees.
The report required under paragraph (2) shall be in unclassified form, but may include a classified annex.
Not later than one year after the date of establishment of guidance required under subsection (f)(3), and as necessary for subsequent updates, the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation as necessary to implement the requirements of this section.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence, in consultation with the heads of executive agencies, shall submit to the appropriate congressional committees a report on any intelligence in possession of such agencies related to nefarious activities conducted by biotechnology companies with human multiomic data. The report shall include information pertaining to potential threats to national security or public safety from the selling, reselling, licensing, trading, transferring, sharing, or otherwise providing or making available to any foreign country of any forms of multiomic data of a United States citizen.
No additional funds are authorized to be appropriated for the purpose of carrying out this section.
In this section:
The term appropriate congressional committees means—
the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, the Committee on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Oversight and Government Reform, the Committee on Energy and Commerce, and the Select Committee on Strategic Competition between the United States and the Chinese Communist Party of the House of Representatives.
The term biotechnology equipment or service means—
equipment, including genetic sequencers, or any other instrument, apparatus, machine, or device, including components and accessories thereof, that is designed for use in the research, development, production, or analysis of biological materials as well as any software, firmware, or other digital components that are specifically designed for use in, and necessary for the operation of, such equipment;
any service for the research, development, production, analysis, detection, or provision of information, including data storage and transmission related to biological materials, including—
advising, consulting, or support services with respect to the use or implementation of an instrument, apparatus, machine, or device described in subparagraph (A); and
disease detection, genealogical information, and related services; and
any other service, instrument, apparatus, machine, component, accessory, device, software, or firmware that is designed for use in the research, development, production, or analysis of biological materials that the Director of the Office of Management and Budget, in consultation with the heads of executive agencies, as determined appropriate by the Director of the Office of Management and Budget, determines appropriate in the interest of national security.
Except as the term is used under subsection (b)(2) and subsection (c)(3), the term contract means any contract subject to the Federal Acquisition Regulation issued under section 1303(a)(1) of title 41, United States Code.
The term control has the meaning given to that term in section 800.208 of title 31, Code of Federal Regulations, or any successor regulations.
The term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code.
The term foreign adversary has the meaning given the term covered nation in section 4872(f) of title 10, United States Code.
The term multiomic means data types that include genomics, epigenomics, transcriptomics, proteomics, and metabolomics.
The term overseas means any area outside of the United States, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
The Secretary of Defense shall establish a program to encourage the rapid development, testing, and scalable manufacturing of small unmanned aircraft systems and components, with potential expansion to associated energetics and other autonomous systems as determined by the Secretary, leveraging existing competencies within the commercial sector and the Department of Defense organic industrial base.
The program established pursuant to paragraph (1) shall be known as the SkyFoundry Program (in this section the Program).
The Secretary of Defense shall—
administer the Program through the Secretary of the Army; and
establish the Program as part of the Defense Industrial Resilience Consortium.
In carrying out the Program, the Secretary of Defense shall prioritize alternative acquisition mechanisms to accelerate development and production, including—
other transaction authority under section 4022 of title 10, United States Code;
middle tier of acquisition pathway for rapid prototyping and rapid fielding as authorized by section 3602 of such title; and
software acquisition pathway as authorized by section 3603 of such title.
The Program shall have two components as follows:
An innovation facility for the development of small unmanned aircraft systems. The facility may be operated by United States Special Operations Command in collaboration with United States Army Materiel Command, serving as the research, development, and testing hub, integrating lessons learned from global conflicts to rapidly evolve United States small unmanned aircraft systems designs in partnership with contractor entities.
The Commander of United States Army Materiel Command shall identify a production facility with the competencies for producing various forms of small unmanned aircraft systems and components of small unmanned aircraft systems. The facility shall be operated by United States Army Materiel Command in collaboration with industry partners to enable scalable production as needed.
To support the Program, the Secretary may leverage authorities, including section 2474 of title 10, United States Code, to foster voluntary public-private partnerships. Such partnerships may include—
agreements with private industry, academic institutions, and nonprofit organizations in support of the Program; and
innovative arrangements that allow industry partners to utilize government facilities and equipment, such as co-located hybrid teams of military, civilian, and contractor personnel, to promote technology transfer, workforce development, and surge capacity.
In carrying out the Program, the Secretary shall prioritize utilizing or modifying existing Army Depot facilities and select at least two separate sites for the Program, one to house the innovation facility required by paragraph (1) of subsection (c) and one to house the production facility required by paragraph (2) of such subsection.
The Secretary may renovate, expand, or construct facilities for the Program using available funds, notwithstanding chapter 169 of title 10, United States Code.
When selecting sites for the Program, the Secretary shall consider that the production facility required by subsection (c)(2) shall be housed at an existing Army Depot.
The Secretary shall ensure that any public-private partnership established under this section provides the United States delivery of technical data and rights in technical data for any systems or technologies developed under the Program using Federal Government funding in accordance with sections 3771 through 3775 of title 10, United States Code.
The President (or the Secretary of Defense under delegated authority) may use authorities under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to support domestic industrial base capacity for small unmanned aircraft systems and associated energetics and autonomous systems.
Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:
There is established in the Department of Defense an Economic Defense Unit (in this section referred to as the Unit).
The head of the Unit shall be the Director (in this section referred to as the Director).
The Director shall be appointed by the Secretary of Defense from among—
employees in Senior Executive Service positions (as defined in section 3132 of title 5); or
individuals from outside the civil service who have successfully held equivalent positions.
The Director—
shall serve as a principal staff assistant to the Secretary of Defense on matters within the responsibilities of the Unit;
shall report directly to the Deputy Secretary of Defense without intervening authority; and
may communicate views on matters within the responsibilities of the Unit directly to the Deputy Secretary without obtaining the approval or concurrence of any other official within the Department of Defense.
The Unit shall be responsible for the following:
Coordinating among, and harmonizing economic competition activities by, components of the Department of Defense, including by serving as a co-chair of the National Defense Economic Competition Research Council.
Developing and maintaining requirements for economic competition activities to reinforce military advantage, including requirements described in subsection (d).
Developing and maintaining a campaign plan for economic competition activities to reinforce military advantage.
Conducting or sponsoring analyses and other net assessment activities to scope economic competition activities, gaps, needs, or requirements related to activities of the United States, allies of the United States, or adversaries.
Directing the execution of economic competition activities.
Developing programming and budget submissions for economic competition activities.
Advising the Secretary and the Deputy Secretary with respect to economic competition activities, including with respect to coordinating integration of economic competition requirements or programs into joint and interagency planning activities.
Acting as the principal interlocutor for interagency activities related to economic competition activities.
Leading outreach of the Department of Defense to relevant private actors engaged in economic competition activities, including by liaising with private actors under section 1047 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 113 note).
Sponsoring or conducting regular tabletop exercises related to economic competition activities in order to—
assess the economic impacts of decisions of the Department of Defense during crises and conflicts;
evaluate the economic tools available to the United States Government to augment the capabilities of the Department of Defense in competition, crises, and conflicts; or
evaluate planning scenarios or concept development, including to test proposed doctrine, tactics, or other nonmaterial approaches for economic competition activities that might be used by the Department of Defense.
Selecting economic competition activities projects to be carried out using funds made available to the Unit, allocating funds to organizations to carry out such projects, and monitoring the execution of such projects.
Serving as the co-chair of the National Security Capital Forum.
Carrying out such other activities as the Deputy Secretary of Defense determines appropriate.
Regularly updating the National Security Council and relevant Federal agencies with respect to the economic competition activities of the Department of Defense.
The requirements for economic competition activities developed and maintained by the Unit under subsection (c)(2) may include requirements for—
access, basing, and overflight;
countering mobilization of adversaries;
countering defense industrial base activities by adversaries;
ensuring the access of the United States to critical materials and capabilities; and
such other matters as the Director considers appropriate.
In developing requirements for economic competition activities under subsection (c)(2), the Director shall consult—
integrated priorities lists from combatant commanders derived from operational plans or theater campaign plans;
integrated priorities lists of defense industrial base shortfalls or investment opportunities; and
the outcomes of experimentation events, science and technology activities, and examinations of issues of economic competition by concept development organizations.
Not less frequently than quarterly, the Director shall provide to the Secretary of Defense and the congressional defense committees a briefing on, for the quarter preceding the briefing—
the activities of the Unit;
the outcomes of and advances resulting from such activities; and
work product of the Unit.
Not less frequently than annually, the Director shall submit to the congressional defense committees a report on the matters described in subparagraphs (A), (B), and (C) of paragraph (1) for the year preceding submission of the report.
In this section, the term economic competition activities means actions that are taken to reinforce military advantage in and through the economic domain, including such actions taken—
to leverage private capital and market actors;
to acquire or procure items;
to protect or enhance the economic or technological advantage of the United States or allies of the United States;
in the information environment or cyber environment or as other sensitive operations; or
to leverage interagency authorities.
Section 228(c) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4001 note) is amended—
by amending paragraph (1) to read as follows:
The Director of the Economic Defense Unit shall be the chair of the Council.
in paragraph (2)—
by redesignating subparagraphs (A) through (N) as clauses (i) through (xiv), respectively, and by moving such clauses, as so redesignated, two ems to the right; and
by striking The co-chairs and all that follows through the following: and inserting in the following: “The Council shall include the following:
The Under Secretary of Defense for Policy.
The Under Secretary of Defense for Research and Engineering.
The Under Secretary of Defense for Acquisition and Sustainment.
Representatives from each of the following:
Section 1092(b) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 149 note) is amended to read as follows:
The Director of the Office of Strategic Capital and the Director of the Economic Defense Unit shall serve as co-chairs of the forum established under subsection (a).
Section 149 of title 10, United States Code, is amended—
by redesignating subsection (f) as subsection (j); and
by inserting after subsection (e) the following new subsections:
The Director may—
charge and collect fees for the costs of services provided by the Office and associated with administering programs under this section, including for project-specific transaction costs and direct costs relating to such services; and
establish those fees at amounts that will ensure recovery of the full costs of administering those programs.
Amounts collected as fees under paragraph (1) shall—
be deposited into the Credit Program Account established under subsection (e)(5); and
remain available until expended.
Notwithstanding subsection (e)(5)(B), none of the fees collected under paragraph (1) may be used to pay salaries or expenses of civilian employees of the Department of Defense.
Except as provided by subparagraph (B), the authority under paragraph (1) to charge and collect fees shall expire on the date specified in paragraph (9)(A) of subsection (e) for the expiration of the authority of the Director to make new loans and provide new loan guarantees under paragraph (3)(A)(i) of that subsection.
With respect to a loan or loan guarantee provided under this section that is outstanding as of the expiration date under subparagraph (A), the authority of the Director under paragraph (1) to charge and collect fees for services relating to the loan or loan guarantee shall remain in effect for the duration of the loan or loan guarantee.
Not later than March 1 of each year, the Director shall submit to the congressional defense committees a report that includes—
a detailed summary of the fees collected under paragraph (1) in the preceding fiscal year; and
a description of how those fees were allocated.
The Inspector General of the Department of Defense shall—
conduct an audit of fees charged and collected under paragraph (1) not less frequently than once every two years; and
not later than June 1 of the year in which an audit is conducted under clause (i), submit to the congressional defense committees a report on the results of the audit.
Notwithstanding section 1342 of title 31, the Director may accept services, such as legal, financial, technical, or professional services, associated with administering programs under this section, including accepting such services as payment in kind for services provided by the Office.
Each agreement for a loan or loan guarantee executed by the Director shall be conclusively presumed to be issued in compliance with the requirements of this section.
In the case of a default on a loan or loan guarantee provided under this section, the Director may exercise any priority of the United States in collecting debts relating to the default.
Subsection (e)(3)(A)(ii)(VI) of such section is amended by striking Secretary and inserting Director.
Subsection (e)(5)(A)(ii) of such section is amended—
by striking consist of amounts and inserting the following: “consist of—
amounts
by striking the period at the end and inserting ; and; and
by adding at the end the following new subclause:
fees deposited under subsection (f)(2).
Section 139(b) of title 10, United States Code is amended—
in paragraph (5), by striking ; and and inserting a semicolon;
in paragraph (6), by striking the period at the end and inserting ; and; and
by adding at the end the following new paragraph:
maintain, on behalf of the Secretary of Defense, enabling and cross-cutting activities that support operational test and evaluation across the Department, including—
the Cyber Assessment Program;
the Center for Countermeasures;
the Test and Evaluation Threat Resource Activity;
the Joint Technical Coordinating Group for Munitions Effectiveness Program;
the Joint Aircraft Survivability Program;
the Joint Test and Evaluation Program; and
the Test and Evaluation Transformation Program.
Section 133a(b) of title 10, United States Code, is amended—
in paragraph (2)—
by inserting elements of the Department relating to after supervising, all; and
by inserting and to enhance jointness after and engineering efforts; and
by striking ; and and inserting a semicolon;
in paragraph (3), by striking the period at the end and inserting ; and; and
by adding at the end the following new paragraph:
directing the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Under Secretary has responsibility.
Section 148(c)(1) of title 10, United States Code, is amended—
in subparagraph (B)(ii), by striking ; and and inserting a semicolon;
in subparagraph (C), by striking the period at the end and inserting ; and; and
by adding at the end the following new subparagraph:
identifying raw material waste produced during the explosives manufacturing process and developing plans to reduce waste and optimize production.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Defense-wide, for the Office of the Under Secretary of Defense for Acquisition and Sustainment and the Office of the Under Secretary of Defense for Research and Engineering for travel expenses, not more than 90 percent may be obligated or expended until the Secretary of Defense notifies the congressional defense committees that the Department of Defense has established the Joint Energetics Transition Office as required by section 148 of title 10, United States Code, and provided that Office with the staff and other resources necessary to effectively carry out the responsibilities specified in subsection (c) of that section.
Paragraph (2) of subsection (j) of section 149 of title 10, United States Code, as redesignated by section 902(a)(1), is amended—
by redesignating subparagraphs (U) through (GG) as subparagraphs (V) through (HH), respectively; and
by inserting after subparagraph (T) the following new subparagraph:
Nuclear fission and fusion energy, and associated infrastructure, including advanced nuclear reactors.
Section 138(b) of title 10, United States Code, is amended—
by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and
by inserting after paragraph (6) the following new paragraph (7):
One of the Assistant Secretaries is the Assistant Secretary of Defense for International Armaments Cooperation, who shall report directly to the Under Secretary of Defense for Acquisition and Sustainment. The principal duty of the Assistant Secretary shall be to carry out section 133b(b)(10) of this title.
On and after the date of the enactment of this Act—
the Assistant Secretary of Defense for Strategy, Plans, and Capabilities shall be known as the Assistant Secretary of Defense for Strategy, Plans, Capabilities, and Readiness; and
any reference in any law or regulation to the Assistant Secretary of Defense for Strategy, Plans, and Capabilities shall be deemed to be a reference to the Assistant Secretary of Defense for Strategy, Plans, Capabilities, and Readiness.
The position of Assistant Secretary of Defense for Readiness is eliminated.
Subsection (b) of section 181 of title 10, United States Code, is amended by striking paragraphs (1) through (7) and inserting the following:
evaluating global trends, threats, and adversary capabilities to inform understanding of joint operational problems and shape a joint force design;
coordinating with commanders of combatant commands with respect to compiling, refining, and prioritizing joint operational problems;
continuously reviewing and assessing military capabilities of the armed forces, Defense Agencies, or other entities of the Department of Defense to meet applicable requirements in the national defense strategy under section 113(g) of this title;
identifying and prioritizing gaps and opportunities in military capabilities to meet such requirements, including making recommendations for changes to address such gaps and leverage such opportunities;
identifying advances in technology, innovative commercial solutions, and concepts of operation that could improve the ability of the joint force in achieving military advantage for the United States;
designing the joint force in a manner that addresses joint operational problems and, in doing so, evaluating force design initiatives of the armed forces to recommend acceptance, mitigation, or alternative force designs;
maintaining a repository of joint operational problems and identification of military capabilities that are addressing those problems; and
evaluating impact to joint military capability requirements for the purposes of section 4375(b).
Subsection (c)(1) of such section is amended by adding at the end the following new subparagraph:
In any case in which the Council is considering a topic of significant interest to a combatant command, the commander of the combatant command or a designee of the commander who is a general or flag officer.
Subsection (d) of such section is amended—
in paragraph (2), by striking paragraphs (1) and (2) of;
in paragraph (3)—
by striking , and strongly consider, and inserting and consider; and
by striking under subsection (b)(2) and joint performance requirements pursuant to subsection (b)(3);
in paragraph (4), by striking , and strongly consider, and inserting and consider; and
by adding at the end the following new paragraph:
The Council may seek views from industry on commercially available technology to address joint operational problems or capability gaps.
Subsection (e) of such section is amended by striking and, except and all that follows through Council.
Subsection (h) of such section is amended—
by striking paragraphs (2) and (3);
by redesignating paragraph (1) as paragraph (2);
by inserting before paragraph (2), as so redesignated, the following new paragraph (1):
The term capability requirement means a capability that is critical or essential to address a joint operational problem.
by inserting after paragraph (2), as so redesignated, the following new paragraph (3):
The term joint operational problem—
means a challenge across the joint force faced by a combatant command in achieving an assigned military objective; and
may include limitations in capabilities, resources, or the ability to effectively and efficiently coordinate across the joint force, with another combatant command, or among joint military capabilities.
Section 3104(a)(1) of title 10, United States Code, is amended by striking (subject, where appropriate, to validation by the Joint Requirements Oversight Council pursuant to section 181 of this title).
Section 3136(e)(1)(A) of such title is amended—
by striking in excess of— and all that follows through (i) a specific limitation and inserting in excess of a specific limitation; and
by striking clause (ii).
Section 4251(e)(1) of such title is amended by striking approved by the Joint Requirements Oversight Council.
Section 4252(b) of such title is amended—
by striking paragraph (9); and
by redesignating paragraphs (10) through (15) as paragraphs (9) through (14), respectively.
Section 4376 of such title is amended—
in subsection (a), by striking , after consultation with the Joint Requirements Oversight Council regarding program requirements,;
in subsection (b)(2)(B), by striking to meet the joint military requirement (as defined in section 181(g)(1) of this title); and
in subsection (c)(3), by striking joint.
Section 5514(b)(2)(C)(ii) of such title is amended by striking approved and inserting reviewed.
Section 133b(b)(5) of title 10, United States Code, is amended—
in subparagraph (D), by striking ; and and inserting a semicolon;
in subparagraph (E), by striking the semicolon and inserting ; and; and
by adding at the end the following new subparagraph:
the executive agent for the Department of Defense for oversight of efforts to counter small unmanned aircraft;
Effective on the date that is 60 days after the date of the enactment of this Act—
the Joint Counter-Small Unmanned Aircraft Systems Office of the Army is terminated; and
the functions, assets, and civilian employees of the Joint Counter-Small Unmanned Aircraft Systems Office of the Army shall be transferred to the Office of the Under Secretary of Defense for Acquisition and Sustainment.
On and after the date that is 60 days after the date of the enactment of this Act, any reference in any law or regulation to the Joint Counter-Small Unmanned Aircraft Systems Office of the Army shall be deemed to be a reference to the Office of the Under Secretary of Defense for Acquisition and Sustainment.
Section 113 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended—
in the section heading, by striking of the Army;
in subsection (a)—
by striking Secretary of the Army and inserting Under Secretary of Defense for Acquisition and Sustainment; and
by striking of the Army; and
in subsection (b), by striking September 30, 2025, the Secretary of the Army and inserting September 30, 2026, the Under Secretary.
Section 353 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 130i note) is amended—
in subsection (a), by striking Not later and all that follows through Office, and inserting Not later than June 30, 2027, the Under Secretary of Defense for Acquisition and Sustainment; and
in subsection (c)—
by striking The Secretary and all that follows through Office, and inserting The Under Secretary; and
by striking the Secretary of the Army and inserting the Under Secretary.
The Secretary of Defense shall conduct a study on the feasibility and advisability of establishing a Joint Capabilities and Programming Board (in this section referred to as the Board) within the Department of Defense to serve as a consolidated forum for addressing joint military capabilities and program budgeting for investments.
The study required by subsection (a) shall assess and provide recommendations on the following elements for the proposed Board:
The potential for the Board to act as the primary joint forum for—
reviewing and recommending actions on joint military capabilities spanning multiple components of the Department of Defense to address priority capability needs; and
evaluating and recommending actions on investment portfolio evaluation and budgeting matters to prioritize joint military capabilities and optimize lethality based on available resources.
The feasibility of the Board being co-chaired by the Director of Cost Assessment and Program Evaluation and the Chairman of the Joint Requirements Oversight Council, including the roles, authorities, and responsibilities of the co-chairpersons.
The advisability of a Board composition that includes—
core membership consisting of—
the co-chairpersons;
representatives from the Joint Requirements Oversight Council;
representatives from the Office of the Director of Cost Assessment and Program Evaluation;
representatives from the Armed Forces and combatant commands to reflect military user perspectives; and
representatives of portfolio acquisition executives or equivalent managers to reflect program execution perspectives;
a flexible structure permitting the establishment of ad hoc or standing committees to address specific areas or issues, drawing from the core membership;
separate staff directly accountable to each co-chairperson to assist in identifying, reviewing, coordinating, and analyzing matters brought before the Board; and
mission engineering and integration analysis cells that evaluate the effectiveness of current and proposed value chains of the Department of Defense and inform the assessment of alternative courses of action for capability and resource investments.
The potential structure for decision-making by the Board, including—
maintaining autonomy for the Armed Forces and portfolio acquisition executives to make decisions and execute programs without requiring approval by or the submission of documentation to the Board;
issuing recommendations by majority vote of members of the Board, to be forwarded to the Deputy Secretary of Defense unless unanimously rejected by the co-chairpersons; and
allowing the members or representatives of the Board to submit dissenting opinions alongside recommendations for consideration by the Deputy Secretary of Defense or the Secretary of Defense.
The feasibility of operational procedures, including—
issue identification processes prioritizing issues—
nominated by members of the Board, the Armed Forces, the combatant commands, or portfolio acquisition executives; and
addressing capability gaps, resource constraints, or programmatic challenges requiring joint or departmental action; and
flexible quorum and voting procedures to ensure efficient decision-making and requiring participation from representatives of military users and program acquisition executives directly impacted by any recommendation.
The provision of sufficient staff, directly accountable to the co-chairpersons, to support the Board’s operations and analysis of issues.
The impact of the proposed Board on existing entities of the Department of Defense, including the Joint Requirements Oversight Council and the Office of the Director of Cost Assessment and Program Evaluation, including potential overlaps, redundancies, or synergies between the missions and responsibilities of those entities and the Board.
The anticipated benefits of enhanced joint capability prioritization and resource allocation, including the ability to consolidate or remove existing processes and decision forums.
Potential barriers to establishing the Board, including resource requirements and alignment with existing acquisition and budgeting processes.
Not later than July 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study required by subsection (a).
The report required by paragraph (1) shall include—
a comprehensive analysis of the feasibility and advisability of establishing the Board, addressing each element specified in subsection (b);
if establishing the Board is deemed feasible and advisable—
specific recommendations for the organizational structure, governance, voting mechanisms, quorum requirements, and operational procedures of the Board; and
an estimation of the costs, resource requirements, and timeline for establishing and operating the Board; and
any additional findings or recommendations to improve joint capability development, program budgeting, and resource allocation within the Department of Defense.
Nothing in this section shall be construed to prevent the establishment of a Joint Capabilities and Programming Board before the completion and review of the study required by subsection (a).
Not less than 60 days before executing any plan to merge, consolidate, or otherwise reorganize the Army Futures Command and the Training and Doctrine Command of the Army, the Secretary of the Army and the Chief of Staff of the Army shall provide to the congressional defense committees a comprehensive briefing on the merger, consolidation, or other reorganization.
The briefing required by subsection (a) shall include the following:
A description of the proposed merger, consolidation, or other reorganization, including affected commands, subordinate entities, and organizational structures.
The strategic, operational, and fiscal rationale for the proposed merger, consolidation, or other reorganization.
An assessment of potential impacts of the proposed merger, consolidation, or other reorganization on the readiness and mission effectiveness of the Army.
An identification of resource reallocations, including installation realignment or closures and personnel movements.
A timeline for implementation of the proposed merger, consolidation, or other reorganization.
Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall designate a senior official of the Department of Defense to oversee policy and programs related to the transition of members of the Armed Forces from active duty to—
civilian life; or
reserve components.
The official designated under paragraph (1) shall be designated from among individuals with—
extensive experience with veterans services; and
knowledge of the transition from active duty to—
civilian life; and
reserve components.
The Under Secretary of Defense for Personnel and Readiness, in consultation with the Secretary of Defense, shall prescribe the roles, responsibilities, and authorities of the official designated under subsection (a)(1).
The roles, responsibilities, and authorities prescribed pursuant to paragraph (1) shall include, with respect to the transition of members of the Armed Forces and their families from active duty to civilian life and reserve components—
serving as the principal advisor to the Secretary of Defense, the Deputy Secretary of Defense, and the Under Secretary of Defense for Personnel and Readiness on policies, operations, and programs and activities relating to the transition of members;
assisting the Secretary of Defense, the Deputy Secretary of Defense, and the Under Secretary of Defense for Personnel and Readiness with policies, operations, and programs and activities relating to the transition of members;
working, in coordination with the Secretary of Veterans Affairs, the Secretary of Labor, and the Secretary of Education, to improve the efficiency and effectiveness of all activities relating to the transition of members;
serving as the chief transition officer of the Department of Defense, with the mission of coordinating and overseeing the effectiveness of transition programs of the Department of Defense and ensuring all members of the Armed Forces are well equipped for civilian life or the reserve components, as the case may be;
overseeing the Military-Civilian Transition Office and the implementation of transition programs across the Department of Defense;
conducting a review and assessment of all transition programs and services offered by the Department of Defense, including the Transition Assistance Program and Skillbridge Program, and proposing legislative or administrative action—
to improve the efficacy and efficiency of the programs; and
to ensure compliance with all legal requirements related to transition assistance; and
working with Federal agencies, State and local governments, and nongovernmental organizations to improve the delivery of transition support services.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees on—
the status of the designation of the official under subsection (a); and
the implementation of the roles, responsibilities, and authorities of the official under subsection (b).
Section 151 of title 10, United States Code, is amended by adding at the end the following new subsection:
If the President removes a member of the Joint Chiefs of Staff from office or transfers a member of the Joint Chiefs of Staff to another position or location before the end of the term of the member as specified in statute, the President shall, not later than five days after the removal or transfer takes effect, submit to Congress, including the congressional defense committees, notice that the member is being removed or transferred and a statement of the reason for the removal or transfer.
Nothing in this subsection prohibits a personnel action authorized by another provision of law.
Section 526 of title 10, United States Code, is amended by adding at the end the following new subsection:
An individual serving as the Commander of the Naval Sea Systems Command—
subject to paragraph (2), shall serve for a term of eight years; and
is eligible to be appointed to the rank of Admiral during the final three years of that term.
The Secretary of the Navy may terminate the term of an individual serving as the Commander of the Naval Sea Systems Command before the end of the eight-year term specified in paragraph (1)(A) if the Secretary notifies the congressional defense committees of the termination.
Section 636(c) of such title is amended—
by striking In the administration and inserting (1) Except as provided in paragraph (2), in the administration; and
by adding at the end the following new paragraph:
The officer serving as the Commander of the Naval Sea Systems Command—
may continue to serve after 40 years of active commissioned service in order to complete the term of the Commander specified in section 526(k)(1)(A) of this title; and
may in no case serve more than 45 years of active commissioned service.
Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy, acting through the Assistant Secretary of the Navy for Research, Development, and Acquisition and in coordination with the Commander of the Naval Sea Systems Command, shall submit to the congressional defense committees a report on incentives that would promote private investment in the creation of two new private shipyards on the Pacific Coast. The incentives should be focused on new construction shipyards. The report may include suggested locations based on strategic laydown or other relevant defense industrial base matters.
In preparing the report required by paragraph (1), the Secretary shall—
give consideration to locations in noncontiguous States; and
assess the potential for investment in or establishment of a United States subsidiary of a foreign-owned shipbuilding company, with special preference to companies based in Japan and the Republic of Korea.
The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
The unclassified portion of the report required by paragraph (1) shall be made available to the public.
During the one-year period beginning on the date of the enactment of this Act, the Secretary of the Navy may not take any action to disestablish the Navy Expeditionary Combat Command Pacific located at Joint Base Pearl Harbor-Hickam.
Not later than 180 days after the date of the enactment of this Act, the Secretary (or a designee of the Secretary) shall brief the Committees on Armed Services of the Senate and the House of Representatives on—
the status of the decision of the Secretary with respect to the disestablishment of the Navy Expeditionary Combat Command Pacific; and
the strategic rationale, cost, and benefits of such disestablishment.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be obligated or expended to consolidate, disestablish, or otherwise eliminate a geographic combatant command of the Department of Defense until not earlier than 90 days after the Secretary of Defense submits to the congressional defense committees a report that, at a minimum, addresses the following:
A detailed plan for consolidation, disestablishment, or elimination of the geographic combatant command, including associated timelines and detailed accounting of the associated costs.
A detailed analysis of the anticipated impact of the consolidation, disestablishment, or elimination on the ability of the Department of Defense to accomplish objectives in the affected area of responsibility, including the ability of the Department to effectively deter conflict, maintain peace and security, and conduct military operations, exercises, and security cooperation activities with allies and partners.
Section 113 of title 10, United States Code, is amended—
in subsection (c)—
by striking paragraph (2); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
in subsection (g)(1)(B)—
by striking clause (vii); and
by redesignating clauses (viii), (ix), and (x) as clauses (vii), (viii), and (ix), respectively;
in subsection (l)—
in paragraph (1), by striking to measure— and all that follows through (C) the efforts and inserting to measure the efforts: and
in paragraph (2)—
by striking shall— and all that follows through (A) ensure that and inserting shall ensure that;
by striking the semicolon after extent practicable and inserting a period: and
by striking subparagraphs (B) through (F); and
in subsection (m)—
by striking , disaggregated by gender, race, and ethnicity, each place it appears;
in paragraph (1), by striking disaggregated by gender, race, and ethnicity,; and
in paragraph (9), by striking , gender, race, and ethnicity.
Section 147 of title 10, United States Code, is repealed.
Title 10, United States Code, is amended—
in section 573(b), by striking The members of a selection and all that follows through extent practicable.;
in section 612(a)(1), by striking The members of a selection and all that follows through extent practicable.; and
in section 14102(b), by striking The members of a selection and all that follows through extent practicable..
Section 503(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 573 note) is repealed.
Section 656 of title 10, United States Code, is repealed.
Section 986 of title 10, United States Code, is repealed.
Section 2001(a)(1)(B) of title 10, United States Code, is amended by striking include and all that follows through the period and inserting shall include honor, excellence, courage, and commitment..
Section 529 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 656 note) is repealed.
Section 913(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 147 note) is repealed.
Section 118(a) of title 10, United States Code, is amended by striking to carry out— and all that follows through (2) guidance and inserting to carry out guidance.
The Secretary of Defense shall direct the Defense Science Board to conduct a comprehensive study to evaluate and recommend the most optimal organizational structure within the Office of the Secretary of Defense to support digital solutions engineering activities across the Office of the Secretary of Defense and the military departments.
The study required under subsection (a) shall include the following elements:
An assessment of existing organizational structures and organizations supporting digital solutions engineering across the Office of the Secretary of Defense and the military departments, including—
current responsibilities, requirements, and deliverables of service-based software delivery organizations;
responsibilities or authorities imposed by statutory requirements;
limitations based on current enterprise data management platforms;
effectiveness and efficiency of current approaches;
optimization of resource allocation and utilization processes; and
integration challenges and opportunities with Department-wide digital initiatives.
An evaluation of potential organizational courses of action for supporting digital solutions engineering within the Office of the Secretary of Defense, including—
establishment of a new defense agency or Department of Defense field activity;
integration into an existing defense agency or Department of Defense field activity;
consolidation of digital development functions within existing Office of the Secretary of Defense staff organizations;
optimization of current organizational structures and authorities;
hybrid approaches combining elements of the options described in subparagraphs (A), (B), (C), and (D); and
any other organizational structures deemed appropriate by the Defense Science Board.
Recommendations on the selection of the optimal organizational structure, including—
analysis of the advantages and disadvantages of each course of action evaluated under paragraph (2);
assessment of capability requirements and gaps;
evaluation of cost-effectiveness and resource implications;
application of lessons from similar industry or academic entities performing similar work;
consideration of governance and execution framework requirements;
assessment of the implementation of and execution of governance structures, including artificial intelligence model management;
coordination mechanisms with existing Department components and combatant commands;
recommendations for unique hiring authorities to support digital solutions engineering workforce requirements; and
recommendations for unique acquisition authorities to support rapid digital solutions engineering and deployment.
Transition recommendations for implementing the selected organizational structure, including—
detailed implementation timeline and milestones;
organizational and personnel changes required;
resource requirements and funding mechanisms;
legislative or regulatory changes needed;
risk assessment and mitigation strategies; and
metrics for evaluating implementation success.
Not later than February 1, 2027, the Board shall transmit to the Secretary of Defense a final report on the study conducted pursuant to subsection (a).
Not later than 30 days after the date on which the Secretary receives the final report under paragraph (1), the Secretary shall submit the report to the congressional defense committees, together with such comments as the Secretary considers appropriate.
In this section:
The term digital solutions engineering means the development, deployment, and sustainment of artificial intelligence systems, software applications, data engineering solutions, data analytics platforms, and other digital technologies for operational and business purposes within the Department of Defense.
The term software delivery organizations means organizational units within the military services dedicated to the rapid development, deployment, and sustainment of software applications and digital solutions.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish an Advanced Nuclear Transition Working Group (referred to in this section as the working group).
The Working Group shall be composed of the following members:
The Assistant Secretary of Defense for Energy, Installations, and Environment.
The Assistant Secretary of the Army for Installations, Energy, and Environment.
The Assistant Secretary of the Navy for Energy, Installations, and Environment.
The Assistant Secretary of the Air Force for Energy, Installations, and Environment.
The Joint Staff Director for Logistics, J4.
The Principal Director for Energy Resilience of the Office of the Under Secretary of Defense for Research and Engineering.
The Director of the Strategic Capabilities Office.
The Director of the Defense Innovation Unit.
The heads of such other components of the Department of Defense, as determined by the Chair.
The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs, or a designee, shall serve as the Chair of the Working Group.
The duties of the Working Group shall include the following:
To develop and execute a strategy to accelerate the procurement and fielding of commercial advanced nuclear capabilities, in compliance with laws, regulations, and agreements, and consistent with best practices.
To identify and elevate the critical energy requirements of the combatant commands, United States military installations, and the infrastructure and mission capabilities needs of the combatant commands and military installations that may be addressed with advanced nuclear reactors.
To connect the combatant commands and military installations with ongoing and planned efforts.
To create an accelerated pathway to leverage advanced nuclear technologies to address operational gaps.
To provide a forum for members of the Working Group to coordinate advanced nuclear demonstration and transition efforts, including by increasing opportunities and venues for government and commercial research and development, testing and evaluation, and procurement activities.
To advocate for appropriate levels of resourcing within planning, programming, budgeting, and execution processes to advance the development and use of nuclear energy technologies across the Department of Defense.
To coordinate interagency activities and develop best practices on workforce development, regulatory pathways, licensing frameworks, access to fuel sources, safety and security standards, and decommissioning that currently hinder more rapid fielding of advanced nuclear reactors.
To establish venues through which to engage commercial companies developing advanced reactors so as to review the technology readiness, timeline, and availability of reactor capabilities for defense applications.
To inform and complete the briefings and reports required in subsection (f).
The Working Group shall meet at the call of the Chair and not less than once per quarter.
Not later than September 30, 2026, and annually thereafter until 2029, the Chair shall submit to the appropriate congressional committees a report describing the status of advanced nuclear projects, associated funding and requirements, planned program transitions, actions, and milestones of the Working Group, and other matters as determined by the Secretary of Defense and the Working Group during the preceding year.
Each report required by paragraph (1) shall include the following:
A summary on the adequacy of existing energy storage and distribution systems to meet mission requirements in a contested or austere operating environment.
An identification of the critical energy requirements of the combatant commands, United States military installations, and the infrastructure and weapons capabilities needs of the combatant commands and military installations that may be addressed with the use of microreactors or small modular reactors, including through expeditionary, transportable, stationary, space-based, or floating power plants.
A list of prioritized potential use cases, including—
base electric power;
power for operational systems in austere environments;
desalination or other water production systems;
synthetic fuel production;
directed energy weapons;
artificial intelligence at the edge;
defense support of civil authorities;
humanitarian response; and
3D/additive manufacturing.
Recommendations for at least 3 pilot projects.
The term appropriate congressional committees means—
the Committee on Armed Services of the Senate; and
the Committee on Armed Services of the House of Representatives.
The Working Group shall terminate on September 30, 2029.
The Secretary of Defense shall establish a pilot program for deploying microreactors at United States military installations to strengthen energy resilience and reduce reliance on vulnerable civilian grids.
Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2026 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
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.
A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
The authority provided by subsection (a) to transfer authorizations—
may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
may not be used to provide authority for an item that has been denied authorization by Congress.
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.
The Secretary shall promptly notify Congress of each transfer made under subsection (a).
Section 141 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 221 note) is amended to read as follows:
The Secretary of Defense shall ensure that body armor is procured using funds authorized to be appropriated by this title.
Section 2284 of title 10, United States Code, is amended—
by striking subsection (c); and
by redesignating subsection (d) as subsection (c).
The following provisions are hereby repealed:
Section 219 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 113–66; 10 U.S.C. 221 note).
Section 213 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 221 note).
Section 111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 221 note).
Section 214 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 221 note).
Section 1502 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 221 note).
Not later than March 1, 2026, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a one-time briefing on any anticipated issues in establishing beginning balances for audits of the financial statements of the Department of Defense.
The briefing required under subsection (a) shall include—
a detailed identification of each budgetary account known to have and anticipated to have unsupported beginning balances;
a description of the specific issues preventing the establishment of supported beginning balances for each identified account;
an explanation of whether generally accepted accounting principles provide sufficient authority, processes, and procedures to resolve such issues, and if not, the alternative sources or methods proposed to establish beginning balances; and
the projected impact to receiving an unmodified audit opinion of that account without a supported beginning balance.
Section 240g(b) of title 10, United States Code, is amended to read as follows:
On the same date as the submission of audited financial statements required pursuant to section 240a of this title, the Secretary of Defense shall submit to the congressional defense committees an updated report on the Defense Business Systems Audit Remediation Plan under subsection (a).
The Secretary of the Navy shall ensure that covered vessels procured by the Secretary are, to the maximum extent practical, constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
The Secretary of the Navy shall provide for an entity other than the Department of the Navy to contract for the construction of covered vessels.
In this section, the term covered vessel means any of the following:
A medium landing ship.
A light replenishment oiler (TAO–L).
Section 2218(f)(3)(C) of title 10, United States Code, is amended by striking 10 and inserting 12 .
Unmanned surface vessels and unmanned underwater vehicles acquired or developed by the Department of the Navy are exempt from any requirement for oversight by a senior technical authority established under section 8669b of title 10, United States Code, except the requirements, specifications, and approvals described in subsection (c).
Subject to subsection (c), the Chief Engineer of the Naval Sea Systems Command may not establish any requirement, specification, or approval for an unmanned surface vessel or an unmanned underwater vehicle unless such action is approved in advance by the program manager responsible for the respective unmanned system.
As the Secretary of the Navy considers appropriate, unmanned surface vessels and unmanned underwater vehicles may be subject to requirements, specifications, and approvals established by technical domain managers or technical warrant holders with responsibility for cybersecurity, ordnance and explosives, or warfare systems, without advanced approval described in subsection (b).
In this section:
The term unmanned surface vessel means a vessel designed to operate on the surface of the water without an onboard human crew.
The term unmanned underwater vehicle means a vehicle designed to operate below the surface of the water without an onboard human crew.
None of the funds authorized to be appropriated by this Act for fiscal year 2026 may be obligated or expended to retire or decommission, prepare to retire or decommission, or place in storage any oceanographic research vessel of the Navy unless the Secretary of the Navy has identified and acquired a suitable replacement vessel for conducting the research that has been conducted by the vessel selected for retirement or decommissioning.
Chapter 863 of title 10, United States Code, is amended by inserting after section 8669c the following new section:
If the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year pursuant to section 1105 of title 31 includes a request for a new flight or block of ships, the Secretary of the Navy shall submit a report accompanying such request.
Each report required by subsection (a) shall include the following:
The results of any production readiness review, including the following:
An identification of the degree to which detail design and production design drawings and related documents have been completed in accordance with the shipbuilding contract.
An identification of the number of changes to the new flight or block of ships from the previous multiyear procurement authorization for the class of ship concerned.
An identification of the risks associated with any design changes to the new flight or block of ships from the previous multiyear procurement authorization for the class of ship concerned.
A certification that the findings of any such review support the start of construction.
An assessment of the readiness of the shipyard facilities and workforce to begin construction.
The Navy’s estimated delivery date and a description of any risks that could affect such delivery date.
An assessment of the extent to which adequate processes and metrics are in place to measure and manage program risks.
With respect to the first ship, a description of the plans of the Navy to oversee and document the construction of the ship to ensure that the detail design supports the construction schedule for the ship.
In this section:
The term first ship applies to a ship if—
the ship is the first ship to be constructed under the new flight or block of ships; or
the shipyard at which the ship is to be constructed has not previously started construction on a ship under the new flight or block of ships.
The terms major shipbuilding program and production readiness review have the meanings given those terms in section 8669c(c) of this title.
The term new flight or block of ships means a new flight, block, or major modification to a current ship class under a major shipbuilding program that was previously authorized and met the previous requirements as a new ship class.
The table of sections at the beginning of chapter 863 of such title is amended by inserting after the item relating to section 8669c the following new item:
Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Army, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, the Secretary of Transportation, and the Secretary of State, shall jointly submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on co-production of non-nuclear auxiliary vessels across the Armed Forces.
The report required by subsection (a) shall include the following:
A list of non-nuclear auxiliary vessels suitable for co-production with foreign governments and industry, including details related to operational roles, prospects for co-production, and compatibility with the Navy, the Army, and the Marine Corps.
A plan for implementing co-production for each type of vessel on the list required by paragraph (1), including estimated timelines and costs.
A description of authorities needed to co-produce such vessels, including statutory or regulatory changes.
A description of barriers to co-production, including operational, regulatory, security, and economic challenges and challenges related to international agreements, with recommendations for resolution.
A description of input from industry and private capital stakeholders on joint venture terms, incentives, and opportunities.
A list of foreign partners with the willingness and capacity to engage in joint ventures to co-produce each vessel on the list required by paragraph (1) and the associated shipyard.
The report required by subsection (a) shall be submitted in unclassified form, with a classified annex if necessary.
Not later than December 31, 2025, the Secretary of the Navy, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that includes the following:
A list of non-nuclear vessels that could be suitable for contracting under a long-term leasing program.
A plan outlining how the Navy would implement a leasing program for surface vessels.
A description of authorities necessary for the Navy to lease commercially built and privately owned vessels.
A description of input from industry and private capital stakeholders on suggested lease terms and incentives to encourage industry to participate in such a leasing program.
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall establish a pilot program on the use of automated assembly technologies and capabilities in naval shipbuilding to reduce overall construction times and alleviate workforce constraints (in this section referred to as the pilot program).
In carrying out the pilot program, the Secretary of the Navy shall—
identify and select available novel automated hull assembly technologies for incorporation and demonstration;
designate at least one surface ship or submarine program to demonstrate the automated technologies identified under paragraph (1);
carry out such demonstrations;
evaluate the demonstrated automated technologies—
across a range of functions, including plate preparation, welding, and block assembly; and
for compatibility and ease of adoption into the existing shipbuilding value chain; and
assess the feasibility and effectiveness of automated approaches in improving subassembly construction times, overall ship construction schedules, and workforce efficiency and safety.
Not later than September 30, 2026, and annually thereafter until the pilot program terminates, the Secretary of the Navy shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation and results of the pilot program.
Each report required by paragraph (1) shall include the following:
An identification of the time required to adapt specific technologies and processes.
A description of the impact of the pilot program on workforce and construction schedules.
The pilot program shall terminate on the date that is three years after the date of the enactment of this Act.
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 1041 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended—
in the matter preceding paragraph (1), by striking December 31, 2025 and inserting December 31, 2026; and
in paragraph (2), by striking is or was held on or after January 20, 2009 and inserting has been held since any date that is on or before October 1, 2009.
Section 1034 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 1042 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended—
in subsection (a), by striking December 31, 2025 and inserting December 31, 2026; and
in subsection (c), by striking (Public Law 114–92; 129 Stat. 971; 10 U.S.C. 801 note) and inserting (10 U.S.C. 801 note; Public Law 114–92).
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 1043 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended—
by inserting (a) In general.— before No amounts;
by striking December 31, 2025 and inserting December 31, 2026;
by striking any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, and inserting any individual detained at Guantanamo; and
by adding at the end the following new subsection:
In this section, the term individual detained at Guantanamo has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 801 note; Public Law 114–92).
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 1044 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended by striking 2025 and inserting 2026.
Section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 971; 10 U.S.C. 801 note) is amended—
in the matter preceding subparagraph (A), by striking as of and inserting on or before; and
in subparagraph (B)(i), by inserting at United States Naval Station, Guantanamo Bay, Cuba after Department of Defense.
None of the funds authorized to be appropriated by this Act for the Department of Defense may be used to knowingly provide active and direct support to any film, television, 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 People’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.
The Secretary of Defense may waive the prohibition 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.
The Secretary of Defense may not destroy, dismantle, scrap, cannibalize, or otherwise render permanently inoperable any aircraft that—
was manufactured prior to December 31, 1945; and
is in the custody or administrative control of the Department of the Air Force as of the date of the enactment of this Act.
Aircraft described in subsection (a) may only be—
retained in the inventory of the Department of the Air Force;
transferred to the National Museum of the United States Air Force or other official Department of Defense museums;
transferred to qualified Federal agencies, nonprofit institutions, or museums with demonstrated indoor preservation and public display capabilities; or
de-accessioned under a plan approved by the Secretary of Defense that supports long-term preservation of such aircraft, and consistent with guidelines established in the committee report accompanying this Act.
The Secretary of Defense may waive the restriction under subsection (a) on a case-by-case basis only if—
the aircraft is determined by qualified personnel to be beyond practical restoration or preservation;
no eligible institution expresses interest in accepting the aircraft within 12 months following public notice of its availability; and
written notification and justification of the waiver is submitted to the congressional defense committees not less than 30 days prior to execution of any disposal action.
In this section, the term aircraft includes any fixed-wing or rotary-wing manned aircraft in military service prior to December 31, 1945.
Subsection (h) of section 284 of title 10, United States Code, is amended—
in paragraph (1)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
by inserting before subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph:
In the case of support for a purpose described in subsection (b)—
the agency to which support is provided;
the budget, implementation timeline with milestones, anticipated delivery schedule for support, and completion date for the purpose or project for which support is provided;
the source and planned expenditure of funds provided for the project or purpose;
a description of the arrangements, if any, for the sustainment of the project or purpose and the source of funds to support sustainment of the capabilities and performance outcomes achieved using such support, if applicable;
a description of the objectives for the project or purpose and evaluation framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient;
information, including the amount, type, and purpose, about the support provided the agency during the three fiscal years preceding the fiscal year for which the support covered by the notice is provided under this section with respect to—
this section;
counterdrug activities authorized by section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1811); or
any other significant program, account, or activity for the provision of security assistance that the Secretary of Defense and the Secretary of State consider appropriate.
in paragraph (3)(B)(i), by striking the Committees on Armed Services of the Senate and House of Representatives and inserting the congressional defense committees.
Such section is further amended—
by redesignating subsection (i) as subsection (j); and
by inserting after subsection (h) the following new subsection:
No support for the counterdrug activities or activities to counter transnational organized crime of any other department or agency of the Federal Government or of any State, local, tribal, or foreign law enforcement agency may be provided under this section for the detention of an individual at a military installation, Department of Defense facility, or Department of Defense-funded facility unless the Secretary of Defense independently verifies the nexus to drug activities or transnational organized crime prior to the transfer of such individual to such installation or facility.
Section 714 of title 10, United States Code, is amended—
in subsection (a), by adding at the end the following new paragraph:
Former or retired officials who—
previously served in the positions identified in paragraphs (1) through (7); and
face serious and credible threats arising from duties performed while employed by the Department of Defense.
in subsection (b)—
in paragraph (1), by striking paragraphs (1) through (7) of;
in paragraph (4), by inserting or reimbursement after personal security; and
in paragraph (6)—
by amending subparagraph (A) to read as follows:
Except as provided in subparagraph (D), the Secretary of Defense shall submit to the congressional defense committee determinations made pursuant to this subsection as follows:
An initial determination made under paragraph (4), not later than 15 days after the date on which the determination is made, including the justification for such determination and a current threat assessment by an appropriate law enforcement, security, or intelligence organization.
A determination to deny the renewal of physical protection and security or reimbursement, not later than 15 days after the date on which the determination is made, including—
the justification for such determination;
a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and
a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without physical protection and security or reimbursement.
A determination to terminate physical protection and security or reimbursement during a previously authorized period of protection, not later than 48 hours after the date on which the determination is made, including—
the justification for such determination;
a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and
a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without protection and security or reimbursement.
A determination to deny a request for reimbursement of an individual described in subsection (a)(8), not later than 15 days after the date on which the determination is made, including—
the justification for such determination;
a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and
a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without reimbursement.
in subparagraph (C), by inserting and a description of any changes to such guidelines after paragraph (1); and
by adding at the end the following new subsection:
The Secretary of Defense shall provide written notification to individuals receiving physical protection and personal security under subsection (a) or reimbursement under subsection (e) at least 90 days before terminating or denying the renewal of protection and security protection or reimbursement for such individuals.
Not later than seven calendar days after military aircraft, installations, or personnel are used in support of the Department of Homeland Security, the Secretary of Defense shall provide written notification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of the following:
The type and variant of military aircraft used to support the enforcement operation.
The number of individuals on board the military aircraft employed by the Department of Defense.
The type, variant, and number of any military aircraft utilized to support the military aircraft being used in the enforcement operation, including aerial refueling aircraft.
The estimated cost of supporting the enforcement operation, including—
the aircraft utilized to transport those subject to a removal order;
the number of flights hours required to complete the round-trip mission;
the use of any supporting aircraft, including aerial refueling aircraft; and
the number of flight hours required to complete the round-trip mission of the supporting aircraft.
The destination country of the military aircraft.
When the destination country of the military aircraft is Naval Station Guantanamo Bay, Cuba, reporting on both inbound and outbound flights in accordance with the requirements of paragraphs (1) through (5).
Reassignment of Department of Defense personnel from Joint Task Force Guantanamo or another Department of Defense entity to support alien detention operations.
Facility maintenance or upgrades to support operations and costs of any Federal agency.
Section 723 of title 10, United States Code, is amended—
in subsection (a), in the subsection heading, by striking Requirement and inserting Response to civil disturbances;
by redesignating subsection (b) as subsection (c);
by inserting after subsection (a) the following new subsection (b):
Whenever a member of the armed forces (including the National Guard) provides support to civilian law enforcement agencies, each such member providing such support shall visibly display the name of the armed force in which such member operates.
in subsection (c), as redesignated by paragraph (2)—
by striking requirement under subsection (a) and inserting requirements under subsections (a) and (b); and
by striking such subsection and inserting any such subsection.
The heading for section 723 of title 10, United States Code, is amended by striking Federal authorities in response to civil disturbances and inserting civil authorities.
The table of sections at the beginning of chapter 41 of title 10, United States Code, is amended by striking the item relating to section 723 and inserting the following new item:
After January 1, 2028, no connected vehicle on the list required under subsection (b) may be operated on a military installation or on any other property of the Department of Defense.
Not later than January 1, 2027, the Secretary of Defense shall establish and publish on a publicly available website of the Department of Defense a list of prohibited connected vehicles that—
are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction of a foreign entity of concern; and
pose—
an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of information and communications technology and services in the United States;
an undue risk of catastrophic effects on the security or resiliency of critical infrastructure in the United States or the digital economy of the United States; or
an unacceptable risk to the national security of the United States or the security and safety of United States persons.
In establishing the list required under paragraph (1), the Secretary shall incorporate existing Federal rules for identifying prohibited connected vehicles.
The Secretary shall review the list required under paragraph (1) not less frequently than once each year and shall make such additions, subtractions, supplements, or amendments to the list as the Secretary determines appropriate.
Any review under subparagraph (A) that makes subtractions from the list required under paragraph (1) shall include an explanation of why the subtraction was made.
The Secretary shall consult with the head of any Federal department or agency that the Secretary determines is appropriate in making the list required under paragraph (1) and conducting any annual review under paragraph (3).
The Secretary shall transmit a copy of the list required under paragraph (1), and any modification to that list, to the heads of each Federal department or agency determined appropriate under subparagraph (A).
Not later than June 1, 2027, the Secretary of Defense shall establish and provide to the congressional defense committees a briefing on an implementation plan for carrying out the prohibition under subsection (a).
The implementation plan required under paragraph (1) shall include—
an identification of the lead organization within the Department of Defense responsible for implementing and overseeing the prohibition under subsection (a);
a description of the process by which the Department will identify and assess prohibited connected vehicles;
a description of the means by which the Department will conduct coordination with appropriate Federal departments and agencies;
an identification of the metrics by which the Department will assess connected vehicles for threats to national security;
a description of the means by which military installations will ensure compliance with such prohibition; and
an assessment of resource requirements necessary to implement and maintain such prohibition.
In this section:
The term connected vehicle has the meaning given that term in section 791.301 of title 15, Code of Federal Regulations, or successor regulations.
The term foreign entity of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
The term military installation has the meaning given that term in section 2801(c) of title 10, United States Code.
This section may be cited as the Preventing Child Trafficking Act of 2025.
In this section, the term anti-trafficking recommendations means the recommendations set forth in the report of the Government Accountability Office entitled Child Trafficking: Addressing Challenges to Public Awareness and Survivor Support, which was published on December 11, 2023.
The Office for Victims of Crime of the Department of Justice, in coordination with the Office on Trafficking in Persons of the Administration for Children and Families, shall continue implementing the anti-trafficking recommendations by—
working together, in accordance with the leading collaboration practices referenced in GAO–24-106038, to develop and implement strategies to prevent child trafficking and support child trafficking survivors; and
establishing achievable performance goals and targets for anti-trafficking programs for children that reflect leading practices, such as being objective, measurable, and quantifiable, using baseline data from program grantees.
Not later than 180 days after the date of the enactment of this Act, the Director of the Office for Victims of Crime shall submit a report to the Committee on the Judiciary of the Senate and Committee on the Judiciary of the House of Representatives that explicitly describes the steps taken pursuant to subsection (c).
Not later than 10 days after the date on which the President submits a budget of the United States Government for each of fiscal years 2027 through 2031 to Congress pursuant to section 1105 of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report on any cancellations of contracts during the preceding fiscal year.
The Secretary of Defense shall include in the first report submitted under paragraph (1) reporting on any cancellations of contracts during fiscal year 2025.
The report required under subsection (a) shall include the following elements:
Identification of the Contract Line Item Number affected.
Total value of such Contract Line Item Number.
Total existing obligations against that Contract Line Item Number.
Any fee paid, if applicable, for cancelling the contract.
A brief justification of the rationale for cancellation, tagged by—
non-alignment with the priorities of the Secretary of Defense;
requirement no longer exists;
requirement has decreased;
requirement exists, but the contract did not meet requirements for cost or the schedule or performance are unacceptable; or
any other rationale as determined by the Secretary.
For any Contract Line Item Number tagged pursuant to paragraph (5)(E), a brief proposed timeline for issuing a new contract to meet the specified requirement.
Section 115a of title 10, United States Code, is amended by striking subsection (g).
Such section is further amended—
by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and
by inserting after subsection (c) the following new subsection:
The Secretary shall include in each report required under subsection (a) a detailed discussion of the management of the civilian workforce of the Department of Defense. The discussion shall include the matter specified in paragraph (2) for the civilian workforce of each of the following:
The Office of the Secretary of Defense and the Defense Agencies and Department of Defense Field Activities.
The military departments.
Such title is further amended by transferring paragraph (2) of section 129(c) of such title to section 115a, inserting such paragraph at the end of subsection (d) of such section 115a, as added by paragraph (1)(B) of this subsection, and amending such paragraph (2)—
by striking Each report under paragraph (1) shall contain and inserting The matter to be included in each discussion under paragraph (1); and
by striking under the jurisdiction of the official submitting the report and inserting of each element of the Department of Defense named in that paragraph.
Section 129 of such title is amended by striking subsection (c).
The Chief of the National Guard Bureau, in coordination with the Secretary of Defense, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the number of members of the National Guard, disaggregated by State, that received sexual assault prevention and response training in the preceding calendar year—
not later than 180 days after the date of the enactment of this Act; and
annually, beginning in 2027 and ending in 2031, by not later than March 30 of each year.
Section 1707 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1799; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection:
If the Department of Defense approves a Request for Assistance for support for immigration enforcement operations, the Secretary of Defense shall electronically transmit to the Committees on Armed Services of the Senate and the House of Representatives a report on such support not later than 30 calendar days after the date on which the Secretary approves the Request for Assistance and every 30 calendar days thereafter.
Each report required by paragraph (1) shall include information on the following:
The use of transportation support provided by the Department of Defense, the type of such support, and the cost of such support.
The use of installation or facility support provided by the Department of Defense, the name of the installation or facility, and the cost of such support.
The reassignment of Department of Defense personnel to conduct support for immigration enforcement operations, the units from which such personnel were reassigned, the duration of the orders, and the cost of such reassignment.
Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Secretary of the Navy, in coordination with the Commander of the Military Sealift Command, and in consultation with the Commander of United States Transportation Command, the Commander of United States Fleet Forces Command, and the Assistant Secretary of the Navy for Research, Development and Acquisition, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on efforts to improve recruitment and retention of Military Sealift Command Mariners.
The report required under paragraph (1) shall consider—
opportunities to enhance the integration of Military Sealift Command civilian mariners into the military command structure;
providing training on the roles and significance of Military Sealift Command civilian mariner workforce to relevant military commands; and
authorities required to improve recruitment and retention of civilian mariners in Military Sealift Command.
Not later than 90 days after the date of the enactment of this section, the Secretary of the Navy shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report assessing the merits of extending the maximum charter durations of commercial and specialty vessels for the Military Sealift Command.
Not later than 30 days after the date of the enactment of this Act, and not less frequently than monthly thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing—
the number of aliens held at installations of the Department of Defense, disaggregated by location; and
the total cost of detention of aliens at installations of the Department of Defense, regardless of location.
In this section, the term alien has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense, in consultation with the Commander of the United States Indo-Pacific Command and the Commander of the United States Northern Command, shall provide a briefing to the congressional defense committees on the expenditures or planned expenditures of funds allocated pursuant to section 20009(12) of the Act entitled An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14 , approved July 4, 2025 (Public Law 119–21), for exploration and development of existing Arctic infrastructure. The briefing should include amount of funds expended to date, a timeline for future use of funds, and an assessment of the feasibility of any viable infrastructure options in the Arctic region.
Section 408(d)(1) of title 10, United States Code, is amended by striking $5,000,000 and inserting $15,000,000.
Section 6(b)(1)(B) of the Joint Resolution entitled A Joint Resolution 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, 2029 and inserting December 31, 2031.
The Secretary of Defense may not develop, or facilitate the development of, any voting technology or methodology for voting in Federal and State elections.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Homeland Security—
conduct an assessment of the advisability, feasibility, and cost of using personnel of the Department of Defense to support U.S. Customs and Border Protection by providing translation and interpretation services in connection with border security operations; and
submit to the congressional defense committees a report on the findings of the Secretary with respect to the assessment conducted pursuant to paragraph (1).
The report submitted pursuant to subsection (a)(2) shall include the following:
An assessment of the current capabilities and availability of Department personnel with relevant language skills to support the needs of U.S. Customs and Border Protection and assist with interviews, including with respect to Mandarin Chinese, Arabic, Russian, Swahili, Korean, Urdu, Farsi, and other languages that may be encountered at the United States border.
An evaluation on the potential impact of the use of personnel described in subsection (a)(1) on Department readiness, operations, and personnel.
An evaluation of the impact of such use of personnel on operations at the United States border.
A cost estimate for such use of personnel, including administrative, training, deployment, and sustainment costs;
A summary of any prior or ongoing interagency efforts or agreements relating to foreign language support between the Department of Defense and the Department of Homeland Security and if such support was provided on a reimbursable or nonreimbursable basis.
Such recommendations as the Secretary of Defense may have for legislative or administrative action to facilitate such use of personnel.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the Secretary of Defense—
submits to the Committee on Armed Services of the Senate unredacted copies of documents requested by the committee during the period beginning on January 1, 2024, and ending on June 1, 2024;
submits to the congressional defense committees overdue notifications regarding sensitive military operations required by section 130f of title 10, United States Code;
submits to the requesting committee overdue quarterly reports regarding execute orders of the Department of Defense required by section 1744 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 113 note);
submits to the congressional defense committees the plan for integrating signals intelligence capabilities on fielded armed overwatch aircraft required by section 167 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159);
issues guidance on the governance and oversight of the contracts of the Department of Defense that support or enable sensitive activities required by section 867 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159);
submits to the congressional defense committees the review of authorities relevant to the conduct of irregular warfare activities by the Department of Defense required by section 1065 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159);
submits to the congressional defense committees the plan for implementing and institutionalizing the responsibilities of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, and other matters, required by section 907(b) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159); and
submits to the Committees on Armed Services of the Senate and the House of Representatives the report on Department of Defense efforts to identify, disseminate, and implement throughout the Department lessons learned from the war in Ukraine required by the conference report accompanying the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159).
Chapter 3 of title 10, United States Code, is amended by inserting after section 130f the following new section:
The Secretary of Defense shall keep the congressional defense committees fully and currently informed of Department of Defense sensitive activities.
The Secretary of Defense shall submit to the congressional defense committees notice in writing of a compromise or failure of any Department of Defense sensitive activity not later than 48 hours following the compromise or failure.
The Secretary of Defense, in coordination with the congressional defense committees, shall establish and submit to such committees procedures for complying with the requirements of subsection (a) and (b) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the congressional defense committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
In this section, the term sensitive activity means operations, actions, activities, or programs that, if compromised, could have enduring adverse effects on United States foreign policy, Department of Defense activities, or military operations, or cause significant embarrassment to the United States, United States allies, or the Department of Defense.
Consistent with section 867 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. note prec. 4601), the Secretary of Defense shall establish a process for coordinating and deconflicting contracts of the Department of Defense that support or enable sensitive activities with other departments and agencies of the Federal government, as appropriate.
The Secretary of Defense may establish and maintain an Irregular Warfare Exercise Laboratory to—
support the training, experimentation, preparation, and validation of the United States Armed Forces to conduct full-spectrum irregular warfare activities; and
enable activities to build the capacity and interoperability of the security forces of friendly foreign countries.
In carrying out the activities authorized under subsection (a), the Secretary may use the authorities under chapter 16 of title 10, United States Code, and other applicable statutory authorities available to the Secretary of Defense.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on operations at the southern land border.
The report required under paragraph (1) shall include a detailed description of—
the Department of Defense’s efforts with respect to—
combating transnational organized crime in the United States Northern Command and the United States Southern Command areas of responsibility;
reducing the cross-border flow of illicit synthetic drugs, including fentanyl, fentanyl analogs, and fentanyl precursors; and
reducing the cross-border illicit trade of firearms and human trafficking;
the Department of Defense’s steady-state plan and posture on the southern land border;
the Department of Defense’s assessment of the operational and readiness impact under the Department’s steady-state plan and posture on the southern land border, and any revisions of such plan and posture;
each military installation and each Department of Defense facility on or off the installation that is being used to support—
the Department of Defense’s operations along the southern land border; or
the Department of Homeland Security or any of its components;
the funding sources for the Department of Defense’s current operations along the southern land border;
the Department of Defense’s use of force policy and related training;
the Department of Defense’s assessment of its compliance with section 1385 of title 18, United States Code (commonly known as the Posse Comitatus Act of 1878), in its execution of—
any efforts along the southern land border; and
any efforts in support of the Department of Homeland Security; and
any challenges the Department of Defense has faced in the execution of the efforts described in subparagraphs (A) and (F).
Not less frequently than once every 180 days after submitting the report required under subsection (a) and during the effective period of the national emergency declared by Proclamation 100886 (90 Fed. Reg. 8327; relating to a Declaration of a National Emergency at the Southern Border of the United States), Executive Order 14165 (90 Fed. Reg. 8467; relating to Security Our Borders), and Executive Order 14167 (90 Fed. Reg. 8613; relating to Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States), the Commander of the United States Northern Command shall submit to the congressional defense committees updates to the information included in such report.
The Secretary of Defense shall establish a program to develop, operate, and maintain incubator programs for secure facilities and networks at select universities across the United States—
to accelerate the development and transition of innovative technologies to meet national security needs;
to increase the availability of secure facilities and networks for classified work at university locations;
to foster collaboration between academic researchers, private sector entities, and Department of Defense personnel;
to expand the pool of security-cleared technical talent available to support defense organizations and personnel in critical defense technology areas; and
to create regional innovation hubs that strengthen the national security innovation base.
The program established pursuant to subsection (a) shall include the following elements:
Each university-based secure facility and network shall—
meet all physical, technical, and personnel security requirements for handling classified information up to the Top Secret or Sensitive Compartmented Information level;
be designed to accommodate diverse use cases, including secure meetings, classified research, and technology development activities;
include collaborative workspaces appropriate for innovation activities; and
leverage modern design principles to maximize utilization and effectiveness.
The Secretary shall select universities based on—
the absence of a fully functional secure facility and network on the university campus;
demonstrated commitment to national security-relevant research and development;
existing relationships with the Department of Defense;
technical capabilities relevant to defense innovation priorities;
geographic distribution to ensure nationwide access; and
capacity to support the administrative and security requirements of operating a secure facility and network.
The Secretary shall establish a flexible subscription-based system for access to the university-based secure facilities and networks, with—
tiered access levels calibrated to different user needs and security requirements;
pricing structures that may vary based on organizational size, usage patterns, and security clearance-processing needs; and
priority access for Department components and entities working on projects sponsored by the Department.
Access to classified information and secure facilities within the program established pursuant to subsection (a) shall be strictly controlled and granted consistent with Executive Order 12968 (50 U.S.C. 3161 note; relating to access to classified information).
Authorized users of classified information and secure facilities within the program established pursuant to subsection (a) may include—
university faculty, staff, and students;
private sector entities, particularly small businesses and startups, that are participating in specific defense innovation programs;
personnel and contractors of the Department of Defense; and
personnel from other Federal agencies engaged in work related to national security.
In carrying out the program required by subsection (a), the Secretary shall—
not later than 540 days after the date of the enactment of this Act, establish an initial pilot program with not fewer than three university partners;
ensure that at least one of the locations for the pilot program established pursuant to subparagraph (A) is at a university located within 100 miles of the geographic center of the United States;
evaluate the effectiveness of the pilot program established pursuant to subparagraph (A) based on metrics, including utilization rates, project outcomes, and participant feedback; and
not more than 900 days after the date of the enactment of this Act, submit to the congressional defense committees a report on—
the findings of the Secretary with respect to the pilot program established pursuant to subparagraph (A); and
such recommendations as the Secretary may have for expanding the pilot program.
Subject to successful evaluation of the pilot program established pursuant to paragraph (1)(A), the Secretary shall, not later than four years after the date of the enactment of this Act, expand the program required by subsection (a) to not fewer than 10 universities.
The Secretary may enter into cost-sharing agreements or other appropriate agreements with universities participating in the program established pursuant to subsection (a), other Federal departments and agencies, State and local governments, Tribal governments, and private sector partners to support the establishment and operation of the secure facilities and networks under the program.
Each year, the Secretary shall submit to the congressional defense committees an annual report on the program established pursuant to subsection (a).
Each report submitted pursuant to paragraph (1) shall cover the following:
Current locations and expansion plans.
Utilization metrics and user demographics.
Financial information, including fees collected and program costs.
Measurable outcomes from activities conducted within the secure facilities and networks included in the program.
Recommendations for legislative or administrative action relating to the program.
The program authorized under subsection (a) and the annual report requirement under subsection (e) shall terminate 10 years after the date of the enactment of this Act.
The Under Secretary of Defense for Acquisition and Sustainment shall, to the maximum extent possible, prioritize, for purposes of consideration by the Manufacturing Capability Expansion and Investment Prioritization (MCEIP) office, the clearance of mining and energy project applications and white papers for projects the operation or completion of which is likely to experience significant temporal impact due to seasonal Arctic climate conditions.
Section 1094(f)(2) of the Afghanistan War Commission Act of 2021 (Public Law 117–81; 135 Stat. 1938) is amended by adding at the end the following new subparagraph:
The Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission's duties under this section.
In addition to any support provided under clause (i), the heads of other Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support as the heads of such departments and agencies determine advisable and as may be authorized by law.
Section 1094(g) of the Afghanistan War Commission Act of 2021 (Public Law 117–81; 135 Stat. 1938) is amended by adding at the end the following new paragraph:
The Co-Chairpersons of the Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section.
There is established as of January 5, 2026, an independent commission in the legislative branch to be known as the Commission on the National Defense Strategy (in this section referred to as the Commission).
The purpose of the Commission is to examine and make recommendations with respect to the national defense strategy of the United States.
In order to provide the fullest understanding of the national defense strategy the Commission shall perform the following duties:
The Commission shall review the most recent national defense strategy of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy.
The Commission shall conduct a comprehensive assessment of the strategic environment, including—
United States interests;
the threats to the national security of the United States, including both traditional and non-traditional threats;
the size and shape of the force;
the readiness of the force;
the posture, structure, and capabilities of the force;
allocation of resources; and
the strategic and military risks present in the national defense strategy.
Not later than one year after the date of establishment of the Commission, the Commission shall transmit to the President and Congress a report containing the review and assessment conducted under paragraph (3), together with any recommendations of the Commission.
The report required by clause (i) shall include the following elements:
An appraisal of the strategic environment, including an examination of the traditional and non-traditional threats to the United States, and the potential for conflicts arising from such threats and security challenges.
An evaluation of the strategic objectives of the Department of Defense for near-peer competition in support of the national security interests of the United States.
A review of the military missions for which the Department of Defense should prepare, including missions that support the interagency and a whole-of-government strategy.
An identification of any gaps or redundancies in the roles and missions assigned to the Armed Forces necessary to carry out military missions identified in subclause (III), and the roles and capabilities provided by other Federal agencies and by allies and international partners.
An assessment of how the national defense strategy leverages other elements of national power across the interagency to counter near-peer competitors.
An evaluation of the resources necessary to support the strategy, including budget recommendations.
An examination of the efforts by the Department of Defense to develop new and innovative operational concepts to enable the United States to more effectively counter near-peer competitors.
An analysis of the force planning construct, including—
the size and shape of the force;
the posture, structure, and capabilities of the force;
the readiness of the force;
infrastructure and organizational adjustments to the force;
modifications to personnel requirements, including professional military education; and
other elements of the defense program necessary to support the strategy.
An assessment of the risks associated with the strategy, including the relationships and tradeoffs between missions, risks, and resources.
Any other elements the Commission considers appropriate.
Not later than 180 days after the date of the establishment of the Commission, the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the review and assessment required by paragraph (3), including a discussion of any interim recommendations.
At the request of the Chair and Ranking Member of the Committee on Armed Services of the Senate, or the Chair and Ranking Member of the Committee on Armed Services of the House of Representatives, the Commission shall provide the requesting Committee with interim briefings in addition to the briefing required by clause (i).
The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this section.
The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission.
The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority under this paragraph does not extend to gifts of money.
The Commission shall document gifts accepted under the authority provided by clause (i) and shall avoid conflicts of interest or the appearance of conflicts of interest.
Except as specifically provided in this section, a member of the Commission shall comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and the House of Representatives, respectively.
Not later than February 5, 2027, the Commission shall submit to the Committees on Armed Services of the Senate and House of Representatives an unclassified report, with classified annexes if necessary, that includes the findings and conclusions of the Commission as a result of the studies required under this section, together with its recommendations for such legislative actions as the Commission considers appropriate in light of the results of the studies.
The Commission shall be composed of 8 members, of whom—
one shall be appointed by the Speaker of the House of Representatives;
one shall be appointed by the Minority Leader of the House of Representatives;
one shall be appointed by the Majority Leader of the Senate;
one shall be appointed by the Minority Leader of the Senate;
one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;
one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;
one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and
one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.
The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives, with the concurrence of the Majority Leader of the Senate and the Speaker of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Chair of the Commission.
The Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Committee on Armed Services of the House of Representatives, with the concurrence of the Minority Leader of the Senate and the Minority Leader of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Vice Chair of the Commission.
Members shall be appointed to the Commission under paragraph (1) by not later than 30 days after the date of the establishment of the Commission.
Individuals making appointments under paragraph (1) shall provide notice of the appointments to the Secretary of Defense (in this section referred to as the Secretary), the Chairman of the Committee on Armed Services of the Senate, and the Chairman of the Committee on Armed Services of the House of Representatives.
If an appointment under this subsection is not made by the date specified under paragraph (3)(A), the authority to make such appointment shall devolve to a member of Congress of the same party and same chamber eligible to appoint under this subsection.
If an appointment is not made within 60 days of establishment, the authority to make such appointment shall expire.
Officers or employees of the Federal Government (other than experts or consultants the services of which are procured under section 3109 of title 5, United States Code) may not be appointed as members of the Commission.
Members of Congress may not serve on the Commission.
Members shall be appointed for the life of the Commission.
Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made.
.A majority of the members serving on the Commission shall constitute a quorum.
Not later than 30 days after the date on which all members of the Commission have been appointed as published in the Congressional Record, the Commission shall hold its initial meeting.
Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, members of the Commission shall be deemed to be Federal employees in the legislative branch subject to all the laws and policies applicable to legislative branch employees.
Notwithstanding the provision of section 2903(b) of title 5, United States Code, an employee of an Executive Branch agency, otherwise authorized to administer oaths under section 2903 of title 5, United States Code, may administer the oath of office to Commissioners for the purpose of their service to the Commission.
The appropriate Federal departments or agencies shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearances.
Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation additional to that received for their services as officers or employees of the United States.
The Chair of the Commission may appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161 of title 5, United States Code.
The Executive Director may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161 of title 5, United States Code.
On a reimbursable or non-reimbursable basis, the heads of departments and agencies of the Federal Government may provide, and the Commission may accept personnel detailed from such departments and agencies, including active-duty military personnel.
The members and staff of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
Of the amounts authorized to be appropriated for the Department of Defense for support of the Commission, the Secretary may make transfers to the Commission for Commission expenses, including compensation of Commission members, officers, and employees, and provision of other such services, funds, facilities, and other support services as necessary for the performance of the Commission’s functions. Funds made available to support and provide assistance to the Commission may be used for payment of compensation of members, officers, and employees of the Commission without transfer under this subparagraph. Amounts transferred under this subparagraph shall remain available until expended. Transfer authority provided by this subparagraph is in addition to any other transfer authority provided by law. Section 2215 of title 10, United States Code, shall not apply to a transfer of funds under this subparagraph.
The Secretary of the Treasury may establish an account or accounts for the Commission from which any amounts transferred under this clause may be used for activities of the Commission.
The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission.
To the extent that funds are available for such purpose, or on a reimbursable basis, the Secretary may, at the request of the Chair of the Commission—
enter into contracts for the acquisition of administrative supplies and equipment for use by the Commission; and
make available the services of a Federal funded research and development center or an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.
Upon the appointment of the Chair and Vice Chair under subsection (b), the Secretary may provide administrative support authorized under this section necessary to facilitate the standing up of the Commission.
The Commission shall terminate 90 days after the submission of the report required by subsection (a).
The Secretary of the Air Force shall provide meteorological and environmental services for operations of the intelligence community.
In this section, the term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
The Secretary of Defense shall expand the Individual Longitudinal Exposure Record (in this section referred to as ILER) to document all exposures of members of the Armed Forces, including those that occur within the United States, so it can be available for the Secretary of Veterans Affairs when such members transition to civilian life, including the following:
All-hazard occupational data.
Environmental hazards that were known or found later to which the member was exposed, including through conducting any monitoring in the area.
The Secretary of Defense shall expand the ILER to include the following medical information of members of the Armed Forces so it can be available for the Secretary of Veterans Affairs when such members transition to civilian life:
Medical encounter information relating to exposures (such as diagnosis, treatment, and laboratory data).
Medical concerns that should be addressed regarding possible exposures.
The Secretary of Defense shall ensure that the ILER is available, for purposes of improving internal processes, to the following:
Health care providers of the Department of Defense and the Department of Veterans Affairs.
Epidemiologists and researchers of the Department of Defense and the Department of Veterans Affairs.
Disability evaluation and benefits determinations specialists of the Department of Veterans Affairs.
The Secretary of Defense shall document in the service records of a member of the Armed Forces whether such member served at a location where there was a potential of toxic exposure.
In carrying out paragraph (1), the Secretary of Defense shall ensure that service at any location that is classified is protected from disclosure.
The Secretary of Defense shall classify the Nevada Test and Training Range as a location where contamination occurred.
The Secretary of the Air Force shall establish a process to identify members of the Armed Forces and former members of the Armed Forces that were stationed at the Nevada Test and Training Range since January 27, 1951.
The Secretary of the Air Force shall establish a process to permit members of the Armed Forces and former members of the Armed Forces to provide documentation or evidence of their assignment within the Nevada Test and Training Range to assist the Secretary in identifying those members and former members under paragraph (1).
The Secretary of the Air Force shall make all efforts to identify individuals described in paragraph (1) and shall not require members of the Armed Forces or former members of the Armed Forces to submit evidence of their stationing.
Section 721(a)(4)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)(C)) is amended by adding at the end the following:
For purposes of subparagraph (B)(ii), the Committee may prescribe through regulations a list of facilities and property of the United States Government that are sensitive for reasons relating to national security. Such list may include certain facilities and property of the intelligence community and National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)).
Section 721(m) of the Defense Production Act of 1950 (50 U.S.C. 4565(m)(2)) is amended—
in paragraph (2), by adding at the end the following:
A list of all notices and declarations filed and all reviews or investigations of covered transactions completed during the period relating to facilities and property of the United States Government determined to be sensitive for reasons relating to national security for purposes of subsection (a)(4)(B)(ii).
A certification that the list of sites identified under subsection (a)(4)(C)(iii) reflects consideration of the recommended updates and revisions submitted under paragraph (4)(B). Upon request from any Member of Congress specified in subsection (b)(3)(C)(iii), the chairperson shall provide a classified briefing to that Member, and staff of the member with appropriate security clearances, regarding the list of sites identified under subsection (a)(4)(C)(iii).
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following:
Not later than January 31 of each year, each member of the Committee shall—
review the facilities and property of the agency represented by that member that are on the list prescribed under subparagraph (C)(iii) of subsection (a)(4) of facilities and property that are sensitive for reasons relating to national security for purposes of subparagraph (B)(ii) of that subsection; and
submit to the chairperson a report on that review, after approval of the report by an Assistant Secretary or equivalent official of the agency, which shall include any recommended updates or revisions to the list regarding facilities and property administered by the member of the Committee.
Section 4103A of title 38, United States Code, is amended—
in subsection (a)—
in paragraph (1)—
in the matter preceding subparagraph (A), by inserting and eligible persons after eligible veterans; and
in subparagraph (C), by inserting , and eligible persons, after Other eligible veterans;
in paragraph (2), by inserting and eligible persons after veterans each place it appears; and
in paragraph (3)—
by inserting or eligible person after veteran each place it appears; and
by inserting or eligible person’s after veteran’s;
in subsection (d)(1)—
by inserting and eligible persons after eligible veterans each place it appears; and
by striking non-veteran-related; and
by adding at the end the following new subsection:
In this section, the term eligible person means—
any spouse described in section 4101(5) of this title; or
the spouse of any person who died while a member of the Armed Forces.
Section 6121(a)(2) of title 40, United States Code, is amended by striking subparagraph (C) and inserting the following:
if the Marshal determines such protection is necessary—
any retired or former Chief Justice or Associate Justice of the Supreme Court; or
any member of the immediate family of the Chief Justice, any Associate Justice, any retired or former Chief Justice or Associate Justice, or any officer of the Supreme Court.
Section 2976 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631) is amended—
in subsection (b)—
in paragraph (7), by striking and at the end;
in paragraph (8), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
treating substance use disorders, including by providing peer recovery services, case management, and access to overdose education and overdose reversal medications; and
providing reentry housing services.
in subsection (o)(1), by striking 2019 through 2023 and inserting 2026 through 2030.
Section 2926(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10595a(a)) is amended by striking 2019 through 2023 and inserting 2026 through 2030.
Section 1001(a)(28) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(28)) is amended by striking 2019, 2020, 2021, 2022, and 2023 and inserting 2026 through 2030.
Section 115(f) of the Second Chance Act of 2007 (34 U.S.C. 60511(f)) is amended by striking 2019, 2020, 2021, 2022, and 2023 and inserting 2026 through 2030.
Section 201(f)(1) of the Second Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended by striking 2019 through 2023 and inserting 2026 through 2030.
Section 211(f) of the Second Chance Act of 2007 (34 U.S.C. 60531(f)) is amended by striking 2019 through 2023 and inserting 2026 through 2030.
Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended by adding at the end the following:
Chapter 40, Leave.
Section 219 of the Public Health Service Act (42 U.S.C. 210–1) is repealed.
The Secretary shall conduct a study of the national security risks and cybersecurity vulnerabilities posed by consumer routers, modems, and devices that combine a modem and router that are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the influence of a covered country.
Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a).
In this section:
The term covered country means a country specified in section 4872(f)(2) of title 10, United States Code.
The term Secretary means the Secretary of Commerce, in consultation with the Assistant Secretary of Commerce for Communications and Information.
In any instance when the Diplomatic Security Service of the Department of State issues tactical gear to Special Agents, uniform division officers, or personal service contractors, the Service must, whenever such products are commercially available, provide both men’s and women’s sizing options.
In this section, the term tactical equipment includes, among other items, ballistic plates, ballistic plate carriers, helmets, media jackets, tactical pants, and gloves.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a Commercial Space Activity Advisory Committee (in this section referred to as the Committee).
The Committee shall be composed of 15 members appointed by the Secretary.
The Committee shall be composed of representatives from a variety of space policy, engineering, technical, science, legal, academic, and finance fields who have significant experience in the commercial space industry, which may include previous Government experience.
Except as provided in clause (ii), the Secretary may not appoint as a member of the Committee any employee or official of the Federal Government.
The Secretary may appoint as a member of the Committee a special government employee (as defined in section 202(a) of title 18, United States Code) who serves on 1 or more other Federal advisory committees.
Each individual appointed as a member of the Committee—
shall be appointed for a term of not more than 4 years; and
during the 2-year period beginning on the date on which such term ends, may not serve as a member of the Committee.
The duties of the Committee shall be—
to advise on the status and recent developments of nongovernmental space activities;
to provide to the Secretary and Congress recommendations on the manner in which the United States may facilitate and promote a safe, sustainable, robust, competitive, and innovative commercial sector that is investing in, developing, and conducting space activities within the jurisdiction of the Department of Commerce, including through the development and implementation of any regulatory framework applicable to the commercial space industry.
to identify, and provide recommendations in response to, any challenge faced by the United States commercial sector relating to—
the application of international obligations of the United States relevant to commercial space sector activities in outer space;
export controls that affect the commercial space sector;
harmful interference with commercial space sector activities in outer space; and
access to adequate, predictable, and reliable radio frequency spectrum;
to review existing best practices for United States entities to avoid—
the harmful contamination of the Moon and other celestial bodies; and
adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter; and
to provide information, advice, and recommendations on matters relating to—
United States commercial space sector activities in outer space; and
other commercial space sector activities, as the Committee considers necessary.
The Committee shall terminate on the date that is 10 years after the date on which the Committee is established.
In this section:
The term Secretary means the Secretary of Commerce, acting through the Office of Space Commerce.
The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.
The term United States entity means—
an individual who is a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); and
a nongovernmental entity organized or existing under, and subject to, the laws of the United States or a State.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended—
in subsection (a), by adding at the end the following:
The term agriculture has the meaning given that term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
in subsection (b)(1), by adding at the end the following:
Not later than 30 days after receiving notification from the Secretary of Agriculture of a reportable agricultural land transaction, the Committee shall determine—
whether the transaction is a covered transaction; and
if the Committee determines that the transaction is a covered transaction, whether to—
request the submission of a notice under clause (i) of subparagraph (C) or a declaration under clause (v) of such subparagraph pursuant to the process established under subparagraph (H); or
initiate a review pursuant to subparagraph (D).
In this subparagraph, the term reportable agricultural land transaction means a transaction—
that the Secretary of Agriculture has reason to believe is a covered transaction;
that involves the acquisition of an interest in agricultural land by a foreign person, other than an excepted investor or an excepted real estate investor, as such terms are defined in regulations prescribed by the Committee; and
with respect to which a person is required to submit a report to the Secretary of Agriculture under section 2(a) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(a)).
Nothing in this subparagraph shall be construed to apply to the acquisition of an interest in agricultural land by a United States citizen or an alien lawfully admitted for permanent residence to the United States.
in subsection (k)(2)—
by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and
by inserting after subparagraph (G) the following:
The Secretary of Agriculture, with respect to any covered transaction related to the purchase of agricultural land or agricultural biotechnology or otherwise related to the agriculture industry in the United States.
by adding at the end the following:
If the Committee, in conducting a review under this section, determines that a transaction described in clause (i), (ii), or (iv) of subsection (a)(4)(B) would result in the purchase or lease by a covered foreign person of real estate described in paragraph (2) or would result in control by a covered foreign person of a United States business engaged in agriculture, the President shall prohibit the transaction unless a party to the transaction voluntarily chooses to abandon the transaction.
Subject to regulations prescribed by the Committee, real estate described in this paragraph is agricultural land (as defined in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508)) in the United States that is in close proximity (subject to subsection (a)(4)(C)(ii)) to a United States military installation or another facility or property of the United States Government that is—
sensitive for reasons relating to national security for purposes of subsection (a)(4)(B)(ii)(II)(bb); and
identified in regulations prescribed by the Committee.
The President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1) after the President determines and reports to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that the waiver is in the national interest of the United States.
In this subsection, subject to regulations prescribed by the Committee, the term covered foreign person—
means any foreign person (including a foreign entity) that acts as an agent, representative, or employee of, or acts at the direction or control of, the government of a covered country; and
does not include a United States citizen or an alien lawfully admitted for permanent residence to the United States.
For purposes of subparagraph (A), the term covered country means any of the following countries, if the country is determined to be a foreign adversary pursuant to section 791.4 of title 15, Code of Federal Regulations (or a successor regulation):
The People’s Republic of China.
The Russian Federation.
The Islamic Republic of Iran.
The Democratic People’s Republic of Korea.
Not later than 60 days after the date of the enactment of this Act, each department or agency represented on the Committee on Foreign Investment in the United States shall submit to the chairperson of the Committee a copy of the most recent spending plan required under section 1721(b) of the Foreign Investment Risk Review Modernization Act of 2018 (50 U.S.C. 4565 note).
The President shall direct, subject to section 553 of title 5, United States Code, the issuance of regulations to carry out the amendments made by this section.
The regulations prescribed under paragraph (1) shall take effect not later than one year after the date of the enactment of this Act.
The amendments made by this section shall—
take effect on the date that is 30 days after the effective date of the regulations under subsection (c)(2); and
apply with respect to a covered transaction (as defined in section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565)) that is proposed, pending, or completed on or after the date described in paragraph (1).
It is the sense of Congress that the United States should prioritize, to the greatest extent practicable, the onshoring of critical mineral processing.
In this section:
The term allied foreign country means a member country of the North Atlantic Treaty Organization or a country that has been designated as a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).
The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
The term partner foreign country means a country that is a source of a critical mineral or rare earth element.
The term rare earth element means cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, promethium, samarium, scandium, terbium, thulium, ytterbium, or yttrium.
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
The Secretary may enter into a memorandum of understanding with 1 or more heads of agencies of partner foreign countries with respect to scientific and technical cooperation in the mapping of critical minerals and rare earth elements.
In negotiating a memorandum of understanding under paragraph (1), the Secretary shall seek to increase the security and resilience of international supply chains, to the maximum extent practicable, for critical minerals and rare earth elements by—
committing to assisting the partner foreign country through cooperative activities described in paragraph (3) that help the partner foreign country map reserves of critical minerals and rare earth elements; and
ensuring that mapping data created through the cooperative activities described in paragraph (3) is protected against unauthorized access by, or disclosure to, governmental or private entities based in countries that are not—
a party to the memorandum of understanding; or
an allied foreign country.
The cooperative activities referred to in paragraphs (2) and (5)(A)(ii) include—
acquisition, compilation, analysis, and interpretation of geologic, geophysical, geochemical, and spectroscopic remote sensing data;
prospectivity mapping and mineral resource assessment;
analysis of geoscience data, including developing derivative map products that can help more effectively evaluate the mineral resources of the partner foreign country;
scientific collaboration to enhance the understanding and management of the natural resources of the partner foreign country to contribute to the sustainable development of the mineral resources sector of that partner foreign country;
training and capacity building in each area described in subparagraphs (A) through (D);
facilitation of education and specialized training in geoscience and mineral resource management at institutions of higher education;
training in relevant international standards for relevant officials of the government and private companies of the partner foreign country; and
cooperation among entities of the partner foreign country that are a party to the memorandum of understanding and entities in the United States, including Federal departments and agencies, institutions of higher education, research centers, and private companies.
In this paragraph, the term appropriate committees of Congress means—
the Committees on Energy and Natural Resources, Foreign Relations, and Appropriations of the Senate; and
the Committees on Natural Resources, Foreign Affairs, and Appropriations of the House of Representatives.
Not later than 30 days before the Secretary intends to enter into a memorandum of understanding under paragraph (1), the Secretary and the Secretary of State shall jointly—
notify the appropriate committees of Congress; and
submit to the appropriate committees of Congress a report detailing the implementing partners, scope of the memorandum of understanding, activities to be undertaken, estimated costs, and source of funding.
For purposes of negotiating and implementing the memorandum of understanding under paragraph (1), the Secretary of State shall be responsible for matters relating to—
ensuring that private companies headquartered in the United States or an allied foreign country are offered the right of first refusal in the further development of critical minerals and rare earth elements in the partner foreign country; and
facilitating private-sector investment in the exploration and development of critical minerals and rare earth elements.
The Secretary shall obtain the concurrence of the Secretary of State in—
prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under paragraph (1);
negotiating a memorandum of understanding under paragraph (1);
implementing a memorandum of understanding entered into under paragraph (1); and
carrying out paragraphs (4) and (6).
The Secretary shall consult with relevant private sector actors, as the Secretary determines to be appropriate, in—
prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under paragraph (1); and
assessing how a memorandum of understanding can best facilitate private sector interest in pursuing the further development of critical minerals and rare earth elements in accordance with the objectives described in paragraph (2).
Nothing in this section impedes or otherwise alters any authority of the Director of the United States Geological Survey provided by—
the matter under the heading GEOLOGICAL SURVEY of the first section of the Act of March 3, 1879 (43 U.S.C. 31(a)); or
the first section of Public Law 87–626 (43 U.S.C. 31(b)).
Section 1724(f)(1) of title 38, United States Code, is amended by adding at the end the following:
Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall furnish to veterans described in subparagraph (A), subject to agreements described in such subparagraph, telehealth benefits and mail order pharmacy benefits.
Section 111(h)(1) of such title is amended by striking the Secretary may make payments and inserting beginning not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall make payments.
Not less frequently than quarterly, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the status of implementation of the amendments made by this section and the cost of such implementation.
In this subsection, the term appropriate committees of Congress means—
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.
Section 5503(d)(7) of title 38, United States Code, is amended by striking November 30, 2031 and inserting April 30, 2032.
In this section:
The term applicable legislative officers means—
with respect to a Member of the Senate or a designated Senate employee, the Sergeant at Arms and Doorkeeper of the Senate and the Secretary of the Senate, acting jointly; and
with respect to a Member of, or Delegate or Resident Commissioner to, the House of Representatives or a designated House employee, the Sergeant at Arms of the House of Representatives and the Chief Administrative Officer of the House of Representatives, acting jointly.
The term at-risk individual means—
a Member of Congress;
any individual who is the spouse, parent, sibling, or child of an individual described in subparagraph (A);
any individual to whom an individual described in subparagraph (A) stands in loco parentis;
any other individual living in the household of an individual described in subparagraph (A);
any designated Senate employee;
any designated House employee; or
a former Member of Congress.
The term candidate has the meaning given the term in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).
The term covered employee has the same meaning given such term in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301).
The term covered information—
means—
a home address, including a primary residence or secondary residences;
a home or personal mobile telephone number;
a personal email address;
a social security number or driver’s license number;
a bank account or credit or debit card number;
a license plate number or other unique identifier of a vehicle owned, leased, or regularly used by an at-risk individual;
the identification of a child, who is under 18 years of age, of an at-risk individual;
information regarding current or future school or day care attendance, including the name or addresses of the school or day care;
information regarding schedules of school or day care attendance or routes taken to or from the school or day care by an at-risk individual;
information regarding routes taken to or from an employment location by an at-risk individual; or
precise geolocation data that is not anonymized and can identify the location of a device of an at-risk individual; and
does not include information described in subparagraph (A) that is contained in—
any report or other record required to be filed with the Federal Election Commission; or
any report or other record otherwise required under Federal or State law to be filed—
by an individual to qualify as a candidate for the office of Member of Congress; or
by any candidate for the office of Member of Congress.
The term data broker means a commercial entity engaged in collecting, assembling, or maintaining personal information concerning an individual who is not a customer, client, or an employee of that entity in order to sell the information or otherwise profit from providing third-party access to the information.
The term data broker does not include a commercial entity engaged in the following activities:
Engaging in reporting, news-gathering, speaking, or other activities intended to inform the public on matters of public interest or public concern.
Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier.
Using personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred.
Providing publicly available information via real-time or near-real-time alert services for health or safety purposes.
A consumer reporting agency, only while engaging in activity subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
A financial institution subject to the Gramm-Leach-Bliley Act (Public Law 106–102) and regulations implementing that Act.
A covered entity for purposes of the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).
The collection and sale or licensing of covered information incidental to conducting the activities described in clauses (i) through (vii).
The term designated House employee means—
a covered employee designated in writing by—
a Member of, or Delegate or Resident Commissioner to, the House of Representatives; or
an officer of the House of Representatives; or
an officer of the House of Representatives.
The term designated Senate employee means—
a covered employee designated in writing by—
a Member of the Senate; or
an officer of the Senate; or
an officer of the Senate.
The term Government agency includes—
an Executive agency, as defined in section 105 of title 5, United States Code; and
any agency in the judicial branch or legislative branch.
The term immediate family member means an at-risk individual—
who is the spouse, parent, sibling, or child of another at-risk individual;
to whom another at-risk individual stands in loco parentis; or
living in the household of another at-risk individual.
The term Member of Congress means—
a Member of the Senate; or
a Member of, or Delegate or Resident Commissioner to, the House of Representatives.
The term transfer means to sell, license, trade, or exchange for consideration the covered information of an at-risk individual.
Each at-risk individual may—
file written notice of the status of the individual as an at-risk individual, for themselves and their immediate family members, with each Government agency that includes information necessary to ensure compliance with this section, as determined by the applicable legislative officers; and
request that each Government agency described in subparagraph (A) mark as private their covered information and that of their immediate family members.
Government agencies shall not publicly post or display publicly available content that includes covered information of an at-risk individual.
Upon receipt of a request by an at-risk individual under paragraph (1)(B), a Government agency shall remove the covered information of the at-risk individual, and any immediate family member on whose behalf the at-risk individual submitted the request, from publicly available content not later than 72 hours after such receipt.
Nothing in this section shall prohibit a Government agency from providing access to records containing the covered information of an at-risk individual to a third party if the third party—
possesses a signed release from the at-risk individual or a court order;
is subject to the requirements of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
executes a confidentiality agreement with the Government agency.
An at-risk individual may directly, or through an agent designated by the at-risk individual, make any notice or request required or authorized by this section on behalf of the at-risk individual. The notice or request shall include information necessary to ensure compliance with this section.
Upon written request of a Member of Congress, designated Senate employee, or designated House employee, the applicable legislative officers are authorized to make any notice or request required or authorized by this section on behalf of the Member of Congress, designated Senate employee, or designated House employee, respectively. The notice or request shall include information necessary to ensure compliance with this section, as determined by the applicable legislative officers. Any notice or request made under this subparagraph shall be deemed to have been made by the Member of Congress, designated Senate employee, or designated House employee, as applicable, and comply with the notice and request requirements of this section.
In lieu of individual notices or requests, the applicable legislative officers may provide Government agencies, data brokers, persons, businesses, or associations with a list of—
Members of Congress, designated Senate employees, and designated House employees making a written request described in subparagraph (A); and
immediate family members of the Members of Congress, designated Senate employees, and designated House employees on whose behalf the written request was made.
A list provided under clause (i) shall include information necessary to ensure compliance with this section, as determined by the applicable legislative officers for the purpose of maintaining compliance with this section.
A list provided under clause (i) shall be deemed to comply with individual notice and request requirements of this section.
It shall be unlawful for a data broker to knowingly sell, license, trade for consideration, or purchase covered information of an at-risk individual.
Except as provided in clause (ii), no person, business, or association shall publicly post or publicly display on the internet covered information of an at-risk individual if the at-risk individual, or an immediate family member on behalf of the at-risk individual, has made a written request to that person, business, or association to not disclose the covered information of the at-risk individual.
Clause (i) shall not apply to—
the display on the internet of the covered information of an at-risk individual if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern;
covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or
covered information lawfully received from a Federal Government source (or from an employee or agent of the Federal Government).
After receiving a written request under paragraph (1)(B)(i), the person, business, or association shall—
remove within 72 hours the covered information from the internet and ensure that the information is not made available on any website or subsidiary website controlled by that person, business, or association; and
ensure that the covered information of the at-risk individual is not made available on any website or subsidiary website controlled by that person, business, or association.
Except as provided in clause (ii), after receiving a written request under paragraph (1)(B)(i), the person, business, or association shall not transfer the covered information of the at-risk individual to any other person, business, or association through any medium.
Clause (i) shall not apply to—
the transfer of the covered information of the at-risk individual if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern;
covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or
a transfer made at the request of the at-risk individual or that is necessary to effectuate a request to the person, business, or association from the at-risk individual.
An at-risk individual whose covered information is made public as a result of a violation of this section may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.
Nothing in this section shall be construed—
to prohibit, restrain, or limit—
the lawful investigation or reporting by the press of any unlawful activity or misconduct alleged to have been committed by an at-risk individual;
the reporting on an at-risk individual regarding matters of public concern; or
the disclosure of information otherwise required under Federal law;
to impair access to the actions or statements of a Member of Congress in the course of carrying out the public functions of the Member of Congress;
to limit the publication or transfer of covered information with the written consent of the at-risk individual; or
to prohibit information sharing by a data broker to a Federal, State, Tribal, or local government, or any unit thereof.
This section shall be broadly construed to favor the protection of the covered information of at-risk individuals.
If any provision of this section, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this section, and the application of the provision to any other person or circumstance, shall not be affected.
Section 205(r) of the Social Security Act (42 U.S.C. 405(r)), as amended by section 801(a)(7) of title VIII of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), is amended by striking paragraph (11) and inserting the following:
The Commissioner of Social Security shall, to the extent feasible, provide information furnished to the Commissioner under paragraph (1) to the agency operating the Do Not Pay working system described in section 3354(c) of title 31, United States Code, for the authorized uses of the Do Not Pay working system to help prevent improper payments of, and support the recovery of improperly paid, benefits or other payments through a cooperative arrangement with such agency, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met with respect to such arrangement with such agency. The Commissioner of Social Security and the agency operating the Do Not Pay working system shall, while the data described in the preceding sentence is being provided to the agency operating the Do Not Pay working system, enter into an agreement based upon an agreed upon methodology, which covers the proportional share of State death data costs, which the Commissioner of Social Security and the agency operating the Do Not Pay working system may periodically review.
The Commissioner of Social Security may not record a death to a record that may be provided under this section for any individual unless the Commissioner of Social Security has found it has clear and convincing evidence to support that the individual should be presumed to be deceased.
Section 205(r)(7) of the Social Security Act (42 U.S.C. 405(r)(7)), as added by section 801(a)(4) of title VIII of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ; and, and by adding at the end the following new subparagraph:
notify any agency that has a cooperative arrangement with the Commissioner of Social Security under paragraph (3) or (11) of the error.
The amendments made by this section shall take effect on December 27, 2026.
Section 304(b)(2) of the Federal Credit Union Act (12 U.S.C. 1795c(b)(2)) is amended by striking all those credit unions and inserting any such credit unions.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
Aliens who—
are eligible for a visa under paragraph (1) or (3) of section 203(a); and
have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to—
section 405 of the Immigration Act of 1990 (Public Law 101–649; 8 U.S.C. 1440 note); or
title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199).
It is the sense of Congress that—
there is a significant environmental threat posed by World War II-era sunken Japanese warships, including three oil tankers, located in the waters near the Federated States of Micronesia and the Republic of Palau;
such sunken vessels contain an estimated 3,000,000 to 4,000,000 gallons of oil, or approximately the equivalent of 1/3 of the Exxon Valdez oil tanker spill in 1989; and
as such sunken vessels continue to deteriorate, small amounts of oil are already leaking, threatening to cause an ecological disaster that could negatively impact United States military activities, the marine ecosystem, and surrounding communities.
The Secretary of Defense, in coordination with the Commander of the United States Indo-Pacific Command and the head of any other relevant Federal department or agency, as appropriate, shall conduct a comprehensive study on the feasibility and advisability of removing oil from the World War II-era sunken tankers, including an analysis of the cost, logistical requirements, environmental risks, and potential methods for removing the oil from the tankers.
Not later than March 1, 2026, the Secretary shall submit to the appropriate committees of Congress a report on the findings of the study conducted under paragraph (1).
The report required by subparagraph (A) shall include the following:
An assessment of the operational and environmental risks posed by the oil remaining in the sunken tankers and warships, including current leakage and the potential impacts of a major spill.
An evaluation of the cost, logistical challenges, and technical approaches for safely extracting or containing oil from the shipwrecks.
A review of ongoing and planned efforts by the United States and international partners addressing such matter.
Recommendations on next steps, including resource needs, interagency and international cooperation, and timelines for potential remediation efforts.
This section may be cited as the Mapping America's Pharmaceutical Supply Act or the MAPS Act.
The Secretary, in coordination with the heads of other relevant Federal departments and agencies, shall ensure coordination of efforts of the Department of Health and Human Services, including through public-private partnerships, as appropriate, to—
map, or otherwise visualize, the supply chains, from manufacturing of key starting materials through manufacturing of finished dosage forms and distribution, of drugs and biological products, including the active ingredients of those drugs and biological products, that are—
directly related to responding to chemical, biological, radiological, or nuclear threats and incidents covered by the National Response Framework; or
of greatest priority for providing health care and identified as being at high risk of shortage; and
use data analytics to identify supply chain vulnerabilities that pose a threat to national security, as determined by the Secretary or the heads of other relevant Federal departments and agencies.
In carrying out paragraph (1), the Secretary shall—
describe the roles and responsibilities of agencies and offices within the Department of Health and Human Services related to monitoring such supply chains and assessing any related vulnerabilities;
facilitate the exchange of information between Federal departments, agencies, and offices, as appropriate and necessary to enable such agencies and offices to carry out roles and responsibilities described in subparagraph (A) related to drugs and biological products described in paragraph (1)(A), which may include—
the location of establishments registered under subsection (b), (c), or (i) of section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) involved in the production of drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A), and to the extent available, the amount of each such drug and biological product, including the active ingredients of those drugs and biological products, produced at each such establishment;
to the extent available and as appropriate, the location of establishments so registered involved in the production of the key starting materials and excipients needed to produce each drug and biological product, including the active ingredients of those drugs and biological products, and the amount of such materials and excipients produced at each such establishment; and
any applicable regulatory actions with respect to each such drug and biological product, or the establishments manufacturing such drugs and biological products, including with respect to—
inspections and related regulatory activities conducted under section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374);
seizures pursuant to section 304 of such Act (21 U.S.C. 334);
any recalls issued;
drugs or biological products that are, at the time of the determination, or that were at a previous time, included on the drug shortage list consistent with section 506E of such Act (21 U.S.C. 356e); and
discontinuances or interruptions in the production of such drugs or biological products under 506C of such Act (21 U.S.C. 355d).
Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary, in consultation with the heads of departments and agencies with which the Secretary coordinates under paragraph (1), shall submit a report to the relevant committees of Congress on—
the current status of efforts to map and analyze pharmaceutical supply chains, as described in paragraph (1);
activities of the Secretary carried out under this subsection to coordinate efforts as described in paragraph (1), including information sharing between relevant Federal departments, agencies, and offices;
the roles and responsibilities described in paragraph (2)(A), including the identification of any gaps, data limitations, or areas of unnecessary duplication between such roles and responsibilities;
the extent to which Federal agencies use data analytics to conduct predictive modeling of anticipated drug shortages or risks associated with supply chain vulnerabilities that pose a threat to national security;
the extent to which the Secretary has engaged relevant industry in such mapping;
the drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A) that rely on, for more than 50 percent of production, a high-risk foreign supplier or foreign entity of concern (as defined in section 9901(8) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8)));
the drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A) that are sourced from foreign establishments for more than 50 percent of production, including drugs manufactured domestically from active pharmaceutical ingredients sourced from foreign establishments for more than 50 percent of production;
the current domestic manufacturing capabilities for drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A), including the key starting materials and excipients of such drugs, biological products, and ingredients, and whether such capabilities utilize advanced manufacturing technologies; and
any public health or national security risks, including cybersecurity threats and critical infrastructure designations, with respect to the supply chains of drugs and biological products, including the active ingredients of those drugs and biological products, described in paragraph (1)(A).
Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of Defense shall submit to the relevant committees of Congress a report that lists all drugs purchased by the Department of Defense during the 180-day period preceding the date of the report—
that contain key starting materials, excipients, or active pharmaceutical ingredients sourced from the People’s Republic of China; or
for which the finished drug product was manufactured in the People’s Republic of China.
In this section:
The term advanced manufacturing has the meaning given the term advanced and continuous pharmaceutical manufacturing in section 3016(h) of the 21st Century Cures Act (21 U.S.C. 399h(h)).
The term biological product has the meaning given such term in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)).
The term cybersecurity threat has the meaning given such term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
The term drug has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)).
The term relevant committees of Congress means—
the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate; and
the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives.
The term Secretary, except as otherwise specified, means the Secretary of Health and Human Services.
The exchange of information among the Secretary and the heads of other relevant Federal departments and agencies for purposes of carrying out subsection (b) shall not be a violation of section 1905 of title 18, United States Code. This section shall not be construed to affect the status, if any, of such information as trade secret or confidential commercial information for purposes of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)), section 552 of title 5, United States Code, or section 1905 of title 18, United States Code.
The Secretary shall ensure that robust cybersecurity measures are in place to prevent inappropriate access to, or unauthorized disclosure of, the information identified, exchanged, or disclosed under subsection (b).
Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries concerned shall establish a pathway for medically disqualified entry-level service members to enter civilian positions for which they are qualified in the Department of Defense or any of its components.
The Air Force's Develop, Redistribute, Improve, Vault, Expose (DRIVE) program shall be considered sufficient to meet the requirements of subsection (a) and may, but need not, serve as a baseline from which the other military departments design their programs.
In this section, the term entry-level service member means a regular or reserve member of the Armed Forces who is currently attending or has military orders to attend within 90 days—
basic training;
a technical school of the Armed Forces;
a service academy;
the Reserve Officer Training Corps (ROTC);
an officer accession program, including officer candidate school, officer training school, officer development school, or equivalent program.
Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section:
The Secretary of Defense shall establish and implement a program to provide individuals who are not medically qualified for military service with information on employment opportunities in the defense industrial base or other employment opportunities in support of the national interests of the United States.
The program established under subsection (a) shall inform and refer persons described in subsection (a) to employment, apprenticeship, and training opportunities in—
the defense industrial base;
cybersecurity or intelligence support roles;
research and development in defense technologies;
national emergency and disaster preparedness; or
any other non-military opportunity the Secretary considers in the national interests of the United States.
The Secretary of Defense shall consult with entities in the defense industrial base, other Federal agencies, and academic institutions to carry out this section.
The Secretary of the Navy shall provide information about career opportunities at Military Sealift Command and workforce training programs for shipbuilders to Navy personnel.
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing implementation of the requirements under this subtitle.
Section 3021(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10701(a)) is amended—
by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively; and
by inserting after paragraph (3) the following:
Providing training and resources for first responders on the use of containment devices to prevent secondary exposure to fentanyl and other potentially lethal substances, and purchasing such containment devices for use by first responders.
Section 1001(a)(21) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(21)) is amended by striking 2020 through 2024 and inserting 2025 through 2029.
Section 101 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21111) is amended—
in subsection (b), by striking every second year and inserting every fourth year; and
by striking subsection (c) and inserting the following:
The National Strategy established under subsection (a) shall include the following:
An analysis of current trends, challenges, and the overall magnitude of the threat of child exploitation.
An analysis of future trends and challenges, including new technologies, that will impact the efforts to combat child exploitation.
Goals and strategic solutions to prevent and interdict child exploitation, including—
plans for interagency coordination;
engagement with the judicial branches of the Federal Government and State governments;
legislative recommendations for combating child exploitation;
cooperation with international, State, local, and Tribal law enforcement agencies; and
engagement with the private sector and other entities involved in efforts to combat child exploitation.
An analysis of Federal efforts dedicated to combating child exploitation, including—
a review of the policies and work of the Department of Justice and other Federal programs relating to the prevention and interdiction of child exploitation crimes, including training programs, and investigative and prosecution activity; and
a description of the efforts of the Department of Justice to cooperate and coordinate with, and provide technical assistance and support to, international, State, local, and Tribal law enforcement agencies and private sector and nonprofit entities with respect to child exploitation prevention and interdiction efforts.
An estimate of the resources required to effectively respond to child exploitation crimes at scale by—
each ICAC task force;
the Federal Bureau of Investigation, including investigators, forensic interviewers, and analysts of victims, witnesses, and forensics;
Homeland Security Investigations, including forensic interviewers and analysts of victims, witnesses, and forensics;
the United States Marshals Service;
the United States Secret Service;
the United States Postal Service;
the criminal investigative offices of the Department of Defense; and
any component of an agency described in this paragraph.
A review of the Internet Crimes Against Children Task Force Program, including—
the number of ICAC task forces and the location of each ICAC task force;
the number of trained personnel at each ICAC task force;
the amount of Federal grants awarded to each ICAC task force; and
an assessment of the Federal, State, and local cooperation with respect to each ICAC task force, including—
the number of arrests made by each ICAC task force;
the number of criminal referrals to United States attorneys for prosecution;
the number of prosecutions and convictions from the referrals described in clause (ii);
the number, if available, of local prosecutions and convictions based on ICAC task force investigations; and
any other information determined by the Attorney General demonstrating the level of Federal, State, Tribal, and local coordination and cooperation.
An assessment of training needs for each ICAC task force and affiliated agencies.
An assessment of Federal investigative and prosecution activity relating to reported incidents of child exploitation crimes that include a number of factors, including—
the number of investigations, arrests, prosecutions, and convictions for a crime of child exploitation; and
the average sentence imposed and the statutory maximum sentence that could be imposed for each crime of child exploitation.
A review of all available statistical data indicating the overall magnitude of child pornography trafficking in the United States and internationally, including—
the number of foreign and domestic suspects observed engaging in accessing and sharing child pornography;
the number of tips or other statistical data from the CyberTipline of the National Center for Missing and Exploited Children and other data indicating the magnitude of child pornography trafficking; and
any other statistical data indicating the type, nature, and extent of child exploitation crime in the United States and abroad.
Section 102 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21112) is amended—
in subsection (a)(1)—
by inserting , Tribal, military, after State; and
by striking and child obscenity and pornography cases and inserting child obscenity and pornography cases, and the identification of child victims;
in subsection (b)—
in paragraph (2), by striking consult with and consider and all that follows through track record of success. and inserting , evaluate the task forces funded under the ICAC Task Force Program to determine if those task forces are operating in an effective manner.;
in paragraph (3)(B)—
by striking establish a new task force and inserting establish a new or continue an existing task force; and
by striking state and inserting State; and
in paragraph (4)—
in subparagraph (A), by striking may and inserting shall;
by striking subparagraph (B); and
by redesignating subparagraph (C) as subparagraph (B); and
by adding at the end the following:
Except as provided in paragraph (2), a civil claim or criminal charge against an ICAC task force established pursuant to this section and sections 103 and 104, including any law enforcement agency that participates on such a task force or a director, officer, employee, or agent of such a law enforcement agency, arising from the prioritization decisions with respect to leads related to Internet crimes against children described in section 104(8), may not be brought in any Federal or State court.
Paragraph (1) shall not apply to a claim if the ICAC task force or law enforcement agency, or a director, officer, employee, or agent of that law enforcement agency—
engaged in intentional misconduct; or
acted, or failed to act—
with actual malice;
with gross negligence or reckless disregard to a substantial risk of causing physical injury without legal justification; or
for a purpose unrelated to the performance of any responsibility or function under section 104(8).
Nothing in this section shall be construed to—
create any independent basis of liability on behalf of, or any cause of action against—
an ICAC task force; or
a law enforcement agency or a director, officer, employee, or agent of the law enforcement agency; or
expand any liability otherwise imposed, or limit any defense to that liability, otherwise available under Federal or State law.
Section 103 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21113) is amended—
in paragraph (1), by inserting , and the identification of child victims of those crimes before the semicolon at the end;
in paragraph (2), by inserting and prioritizing investigations that task force personnel, through the background, training and experience of those personnel and the consideration of all relevant circumstances, determine to be most likely to result in positive case outcomes and in the rescue of children before the semicolon at the end;
in paragraph (3)—
by striking and local law enforcement and inserting Tribal, military, and local law enforcement; and
by inserting , including probation and parole agencies, child advocacy centers, and child protective services, after enforcement agencies;
in paragraph (8), by striking and at the end;
in paragraph (9), by striking the period at the end and inserting ; and; and
by adding at the end the following:
educating the judiciary on—
the link between intrafamilial contact offenses and technology-facilitated crimes; and
characteristics of internet offenders, including the interest of online offenders in incest-themed material, sadism, and other related paraphilias or illegal activity.
Section 104 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21114) is amended—
in paragraph (3)—
by inserting reactive and before proactive;
by inserting conduct digital before forensic examinations; and
by inserting engage in before effective prosecutions;
by striking paragraph (8) and inserting the following:
investigate, seek prosecution with respect to, and identify child victims from leads relating to Internet crimes against children, including CyberTipline reports, with prioritization determined according to circumstances and by each task force, as described in section 102;
by striking paragraph (9); and
by redesignating paragraphs (10) and (11) as paragraphs (9) and (10), respectively.
Section 105 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21115) is amended—
in subsection (a), by striking shall establish and inserting may establish;
in subsection (b), by striking continue and build upon Operation Fairplay developed by the Wyoming Attorney General's office, which has established a secure, dynamic undercover infrastructure that has facilitated and inserting facilitate; and
in subsection (g)—
by striking paragraph (3);
by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively; and
in paragraph (7), as so redesignated, by striking 1 representative and inserting 2 representatives.
Section 106 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21116) is amended—
in subsection (a)—
in paragraph (2)(B)(ii)(II), by striking Operation Fairplay,; and
in paragraph (3)—
by striking subparagraph (A) and inserting the following:
Not less than 20 percent of the total funds appropriated to carry out this section shall be distributed to support the ICAC Task Force Program through grants to—
provide training and technical assistance to members of the ICAC Task Force Program;
maintain, enhance, research, and develop tools and technology to assist members of the ICAC Task Force Program;
provide other support to the ICAC Task Force Program determined by the Attorney General;
conduct research;
support the annual National Law Enforcement Training on Child Exploitation of the Office of Juvenile Justice and Delinquency Prevention; and
provide wellness training.
in subsection (d)(1)—
in subparagraph (B)—
in clause (ii), by striking and at the end;
in clause (iii), by striking , including and all that follows through such crime under State law. and inserting ; and; and
by adding at the end the following:
the number of child victims identified.
by striking subparagraph (D); and
by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively.
Section 107(a) of the PROTECT Our Children Act of 2008 (34 U.S.C. 21117(a)) is amended—
in paragraph (9), by striking and at the end;
in paragraph (10), by striking the period at the end and inserting ; and; and
by adding at the end the following:
$70,000,000 for each of fiscal years 2026 through 2028.
The PROTECT Our Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended by striking title II.
Section 2258A(c) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by inserting and all supplemental data included in the report after each report made under subsection (a)(1).
Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281) is amended by adding at the end the following:
In this subsection, the term retired law enforcement officer means an individual who separated from service in good standing as a law enforcement officer in an official capacity at a public agency with or without compensation.
A retired law enforcement officer shall be eligible for a benefit under this part if the officer died or became permanently and totally disabled as the direct and proximate result of a personal injury resulting from a targeted attack because of the retired law enforcement officer’s service as a law enforcement officer.
Except as provided in paragraph (2), the amendments made by this section shall—
take effect on the date of enactment of this Act; and
apply to any matter—
pending before the Bureau of Justice Assistance or otherwise on the date of enactment of this Act; or
filed (consistent with pre-existing effective dates) or accruing after the date of enactment of this Act.
The amendment made by this section shall apply to any action taken against a retired law enforcement officer described in section 1201(p) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (as added by this Act) on or after January 1, 2012.
Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following:
In this subsection:
The term eligible entity means—
an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), that, in coordination or through an agreement with a local law enforcement agency, offers a law enforcement training program; or
a local law enforcement agency that offers a law enforcement training program.
The term local law enforcement agency means an agency of a State, unit of local government, or Indian Tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
The Attorney General may use amounts otherwise appropriated to carry out this section for a fiscal year (beginning with fiscal year 2025) to make competitive grants to local law enforcement agencies to be used for officers and recruits to attend law enforcement training programs at eligible entities if the officers and recruits agree to serve in law enforcement agencies in their communities.
To be eligible for a grant through a local law enforcement agency under this subsection, each officer or recruit described in paragraph (2) shall—
serve as a full-time law enforcement officer for a total of not fewer than 4 years during the 8-year period beginning on the date on which the officer or recruit completes a law enforcement training program for which the officer or recruit receives benefits;
complete the service described in subparagraph (A) in a local law enforcement agency located within—
7 miles of the residence of the officer or recruit where the officer or recruit has resided for not fewer than 5 years; or
if the officer or recruit resides in a county with fewer than 150,000 residents, within 20 miles of the residence of the officer or recruit where the officer or recruit has resided for not fewer than 5 years; and
submit to the eligible entity providing a law enforcement training program to the officer or recruit evidence of employment of the officer or recruit in the form of a certification by the chief administrative officer of the local law enforcement agency where the officer or recruit is employed.
If an officer or recruit does not complete the service described in paragraph (3), the officer or recruit shall submit to the local law enforcement agency an amount equal to any benefits the officer or recruit received through the local law enforcement agency under this subsection.
The Attorney General shall promulgate regulations that establish categories of extenuating circumstances under which an officer or recruit may be excused from repayment under subparagraph (A).
Not less frequently than annually, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that details, with respect to recipients of grants under section 1701(q) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (a)—
during the 1-year period preceding the date of the report—
the number and location of those recipients; and
the number of law enforcement officers and recruits each recipient intends to send to law enforcement training programs at eligible entities (as defined in paragraph (1) of such section 1701(q)) with amounts from the grant; and
during the period between the date of enactment of this Act and the date of the report—
the number of law enforcement officers or recruits who attended the training described in paragraph (1)(B) with amounts from the grant and returned from the training as employees of the recipient; and
the number of law enforcement officers or recruits described in subparagraph (A) who remain an employee of the recipient.
This section may be cited as the Retired Law Enforcement Officers Continuing Service Act.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:
In this part:
The term civilian law enforcement task—
includes—
assisting in homicide investigations;
assisting in carjacking investigations;
assisting in financial crimes investigations;
assisting in compliance with reporting requirements;
reviewing camera footage;
crime scene analysis;
forensics analysis; and
providing expertise in computers, computer networks, information technology, or the internet; and
does not include the ability to make arrests or use force under the color of law.
The term eligible entity means a State, local, Tribal, or territorial law enforcement agency that certifies that retired law enforcement personnel hired using amounts from a grant under this part—
have appropriate and reasonably current training and experience to effectively carry out the tasks described in section 3062(a); or
will participate in appropriate continuing education programs to satisfy subparagraph (A).
The Attorney General may award grants to eligible entities for the purpose of hiring retired personnel from law enforcement agencies to—
train civilian employees of the eligible entity on civilian law enforcement tasks that can be performed on behalf of a law enforcement agency; and
perform civilian law enforcement tasks on behalf of the eligible entity.
An eligible entity receiving a grant under subsection (a) shall make a good faith effort to determine whether a retired law enforcement officer seeking to be hired by the eligible entity using amounts from a grant under this part has a disciplinary record or an internal investigation record by—
conducting a search of the National Decertification Index; or
requesting the personnel record of the retired law enforcement officer from each law enforcement agency that employed the retired law enforcement officer.
Before making any hiring determination, the highest ranking law enforcement officer of an eligible entity receiving a grant under subsection (a) or a designee of that law enforcement officer shall review any findings of misconduct that arise as a result of a search or request conducted pursuant to paragraph (1).
A grant awarded under this part shall be subject to the accountability requirements of this section.
In this subsection, the term unresolved audit finding means a finding in a final audit report of the Inspector General of the Department of Justice that an audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued.
Beginning in the first fiscal year beginning after the date of enactment of the Retired Law Enforcement Officers Continuing Service Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year.
A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in paragraph (1).
In awarding grants under this part, the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part.
Beginning in the fiscal year during which audits commence under subsection (b)(2), the Attorney General shall submit to 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 an annual certification—
indicating whether—
all audits issued by the Office of the Inspector General of the Department of Justice under subsection (b) have been completed and reviewed by the appropriate Assistant Attorney General or Director; and
all mandatory exclusions required under subsection (b)(3) have been issued; and
that includes a list of any grant recipients excluded under subsection (b)(3) from the previous year.
Before the Attorney General awards a grant to an eligible entity under this part, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose.
If the Attorney General awards grants to the same applicant for a similar purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes—
a list of all such grants awarded, including the total dollar amount of any such grants awarded; and
the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose.
Section 521 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10202) is amended by adding at the end the following:
In this subsection, the term trauma kit means a first aid response kit, which includes a bleeding control kit that can be used for controlling a life-threatening hemorrhage.
Notwithstanding any other provision of law, a grantee may only purchase a trauma kit using funds made available under this part if the trauma kit meets the performance standards established by the Director of the Bureau of Justice Assistance under paragraph (3)(A).
Nothing in subparagraph (A) shall prohibit a grantee from separately acquiring the components of a trauma kit and assembling complete trauma kits that meet the performance standards.
Not later than 180 days after the date of enactment of this subsection, the Director of the Bureau of Justice Assistance, in consultation with organizations representing trauma surgeons, emergency medical response professionals, emergency physicians, other medical professionals, relevant law enforcement agencies of States and units of local government, professional law enforcement organizations, local law enforcement labor or representative organizations, and law enforcement trade associations, shall—
develop and publish performance standards for trauma kits that are eligible for purchase using funds made available under this part that, at a minimum, require the components described in paragraph (4) to be included in a trauma kit; and
develop and publish optional best practices for law enforcement agencies regarding—
training law enforcement officers in the use of trauma kits;
the deployment and maintenance of trauma kits in law enforcement vehicles; and
the deployment, location, and maintenance of trauma kits in law enforcement agency or other government facilities.
The components of a trauma kit described in this paragraph are—
a tourniquet recommended by the Committee on Tactical Combat Casualty Care;
a bleeding control bandage;
a pair of nonlatex protective gloves and a pen-type marker;
a pair of blunt-ended scissors;
instructional documents developed—
under the Stop the Bleed national awareness campaign of the Department of Homeland Security, or any successor thereto;
by the American College of Surgeons Committee on Trauma;
by the American Red Cross; or
by any partner of the Department of Defense;
a bag or other container adequately designed to hold the contents of the kit; and
any additional trauma kit supplies that—
are approved by a State, local, or Tribal law enforcement agency or first responders;
can adequately treat a traumatic injury; and
can be stored in a readily available kit.
Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281), as amended by section 1094 of this Act, is amended by adding at the end the following:
In this subsection:
The term carcinogen means an agent that is—
classified by the International Agency for Research on Cancer under Group 1 or Group 2A; and
reasonably linked to an exposure-related cancer.
The term Director means the Director of the Bureau.
As updated from time to time in accordance with paragraph (3), the term exposure-related cancer means—
bladder cancer;
brain cancer;
breast cancer;
cervical cancer;
colon cancer;
colorectal cancer;
esophageal cancer;
kidney cancer;
leukemia;
lung cancer;
malignant melanoma;
mesothelioma;
multiple myeloma;
non-Hodgkins lymphoma;
ovarian cancer;
prostate cancer;
skin cancer;
stomach cancer;
testicular cancer;
thyroid cancer;
any form of cancer that is considered a WTC-related health condition under section 3312(a) of the Public Health Service Act (42 U.S.C. 300mm–22(a)); and
any form of cancer added to this definition pursuant to an update in accordance with paragraph (3).
Subject to subparagraph (B), as determined by the Bureau, the exposure of a public safety officer to a carcinogen shall be presumed to constitute a personal injury within the meaning of subsection (a) or (b) sustained in the line of duty by the officer and directly and proximately resulting in death or permanent and total disability, if—
the exposure occurred while the public safety officer was engaged in line of duty action or activity;
the public safety officer began serving as a public safety officer not fewer than 5 years before the date of the diagnosis of the public safety officer with an exposure-related cancer;
the public safety officer was diagnosed with the exposure-related cancer not more than 15 years after the public safety officer’s last date of active service as a public safety officer; and
the exposure-related cancer directly and proximately results in the death or permanent and total disability of the public safety officer.
The presumption under subparagraph (A) shall not apply if competent medical evidence establishes that the exposure of the public safety officer to the carcinogen was not a substantial contributing factor in the death or disability of the public safety officer.
From time to time but not less frequently than once every 3 years, the Director shall—
review the definition of exposure-related cancer under paragraph (1); and
if appropriate, update the definition, in accordance with this paragraph—
by rule; or
by publication in the Federal Register or on the public website of the Bureau.
The Director shall make an update under subparagraph (A)(ii) in any case in which the Director finds such an update to be appropriate based on competent medical evidence of significant risk to public safety officers of developing the form of exposure-related cancer that is the subject of the update from engagement in their public safety activities.
The competent medical evidence described in clause (i) may include recommendations, risk assessments, and scientific studies by—
the National Institute for Occupational Safety and Health;
the National Toxicology Program;
the National Academies of Sciences, Engineering, and Medicine; or
the International Agency for Research on Cancer.
Any person may petition the Director to add a form of cancer to the definition of exposure-related cancer under paragraph (1).
A petition under clause (i) shall provide information to show that there is sufficient competent medical evidence of significant risk to public safety officers of developing the cancer from engagement in their public safety activities.
Not later than 180 days after receipt of a petition satisfying clause (ii), the Director shall refer the petition to appropriate medical experts for review, analysis (including risk assessment and scientific study), and recommendation.
The Director shall consider each recommendation under subclause (I) and promptly take appropriate action in connection with the recommendation pursuant to subparagraph (B).
Not later than 30 days after taking any substantive action in connection with a recommendation under clause (iii)(II), the Director shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the substantive action.
The amendment made by paragraph (1) shall apply to any claim under—
section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)) that is predicated upon the death of a public safety officer on or after January 1, 2020, that is the direct and proximate result of an exposure-related cancer; or
section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)) that is filed on or after January 1, 2020, and predicated upon a disability that is the direct and proximate result of an exposure-related cancer.
Notwithstanding any other provision of law, an individual who desires to file a claim that is predicated upon the amendment made by paragraph (1) shall not be precluded from filing such a claim within 3 years of the date of enactment of this Act.
Section 812(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10231(a)) is amended—
in the first sentence, by striking furnished under this title by any person and identifiable to any specific private person and inserting furnished under any law to any component of the Office of Justice Programs, or furnished otherwise under this title, by any entity or person, including any information identifiable to any specific private person,; and
in the second sentence, by striking person furnishing such information and inserting entity or person furnishing such information or to whom such information pertains.
The amendments made by paragraph (1) shall—
shall take effect for all purposes as if enacted on December 27, 1979; and
apply to any matter pending, before the Department of Justice or otherwise, as of the date of enactment of this Act.
Section 1201(o)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(o)(2)) is amended—
in subparagraph (A), by inserting or (b) after subsection (a);
in subparagraph (B), by inserting or (b) after subsection (a); and
in subparagraph (C), by inserting or (b) after subsection (a).
The amendments made by paragraph (1) shall apply to any matter pending before the Department of Justice as of the date of enactment of this Act.
Section 3 of the Safeguarding America’s First Responders Act of 2020 (34 U.S.C. 10281 note) is amended by adding at the end the following:
In this section, the term line of duty action includes any action—
in which a public safety officer engaged at the direction of the agency served by the public safety officer; or
the public safety officer is authorized or obligated to perform.
The amendment made by paragraph (1) shall apply to any claim under section 3 of the Safeguarding America’s First Responders Act of 2020 (34 U.S.C. 10281 note)—
that is predicated upon the death of a public safety officer on or after January 1, 2020; or
that is—
predicated upon the disability of a public safety officer; and
filed on or after January 1, 2020.
Notwithstanding any other provision of law, an individual who desires to file a claim that is predicated upon the amendment made by paragraph (1) shall not be precluded from filing such a claim within 3 years of the date of enactment of this Act.
This subtitle may be cited as the Fighting Foreign Illegal Seafood Harvests Act of 2025 or the FISH Act of 2025.
In this subtitle:
Unless otherwise provided, the term Administrator means the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator.
The term beneficial owner means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise—
exercises substantial control over the vessel; or
owns not less than 50 percent of the ownership interests in the vessel.
The term fish means finfish, crustaceans, and mollusks.
The term forced labor has the meaning given that term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
The term IUU fishing means activities described as illegal fishing, unreported fishing, and unregulated fishing in paragraph 3 of the International Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at the 24th Session of the Committee on Fisheries in Rome on March 2, 2001.
The terms regional fisheries management organization and RFMO have the meaning given the terms in section 303 of the Port State Measures Agreement Act of 2015 (16 U.S.C. 7402).
The term seafood means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds.
Unless otherwise provided, the term Secretary means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator.
It is the policy of the United States to partner, consult, and coordinate with foreign governments (at the national and subnational levels), civil society, international organizations, international financial institutions, subnational coastal communities, commercial and recreational fishing industry leaders, communities that engage in artisanal or subsistence fishing, fishers, and the private sector, in a concerted effort—
to continue the broad effort across the Federal Government to counter IUU fishing, including any potential links to forced labor, human trafficking, and other threats to maritime security, as outlined in sections 3533 and 3534 of the Maritime SAFE Act (16 U.S.C. 8002 and 8003); and
to, additionally—
prioritize efforts to prevent IUU fishing at its sources; and
support continued implementation of the Central Arctic Ocean Fisheries agreement, as well as joint research and follow-on actions that ensure sustainability of fish stocks in Arctic international waters.
Section 608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) is amended by striking subsections (c) and (d) and inserting the following:
The Secretary, in coordination with the Secretary of State, the Secretary of Labor, and the heads of other relevant agencies, shall develop, maintain, and make public a list of foreign vessels, foreign fleets, and beneficial owners of foreign vessels or foreign fleets engaged in IUU fishing or fishing-related activities in support of IUU fishing (referred to in this section as the IUU vessel list).
The IUU vessel list shall include any foreign vessel, foreign fleet, or beneficial owner of a foreign vessel or foreign fleet for which the Secretary determines there is clear and convincing evidence to believe that a foreign vessel is any of the following (even if the Secretary has only partial information regarding the vessel):
A vessel listed on an IUU vessel list of an international fishery management organization.
A vessel knowingly taking part in fishing that undermines the effectiveness of an international fishery management organization’s conservation and management measures, including a vessel—
exceeding applicable international fishery management organization catch limits; or
that is operating inconsistent with relevant catch allocation arrangements of the international fishery management organization, even if operating under the authority of a foreign country that is not a member of the international fishery management organization.
A vessel, either on the high seas or in the exclusive economic zone of another country, identified and reported by United States authorities to an international fishery management organization to be conducting IUU fishing when the United States has reason to believe the foreign country to which the vessel is registered or documented is not addressing the allegation.
A vessel, fleet, or beneficial owner of a vessel or fleet on the high seas identified by United States authorities to be conducting IUU fishing.
A vessel that knowingly provides services (excluding emergency or enforcement services) to a vessel that is on the IUU vessel list, including transshipment, resupply, refueling, or pilotage.
A vessel that is a fishing vessel engaged in commercial fishing within the exclusive economic zone of the United States without a permit issued under title II of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821 et seq.).
A vessel that has the same beneficial owner as another vessel on the IUU vessel list at the time of the infraction.
The Secretary may receive nominations for putting a vessel on the IUU vessel list from—
the head of an executive branch agency that is a member of the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031);
a country that is a member of the Combined Maritime Forces; or
civil organizations that have data-sharing agreements with a member of the Interagency Working Group on IUU Fishing.
The Secretary may put a vessel on the IUU vessel list only after notification to the vessel’s beneficial owner and a review of any information that the owner provides within 90 days of the notification.
A beneficial owner may request a hearing on the evidence if the owner's vessel is placed on the IUU vessel list under subparagraph (A) and may present new evidence to the Interagency Working Group on IUU Fishing described in paragraph (3)(A). Such Working Group shall review the new evidence and vote on whether the vessel shall remain on the IUU vessel list or not.
The Secretary shall publish its procedures for adding vessels on, and removing vessels from, the IUU vessel list. The Secretary shall publish the IUU vessel list itself in the Federal Register annually and on a website, which shall be updated any time a vessel is added to the IUU vessel list, and include the following information (as much as is available and confirmed) for each vessel on the IUU vessel list:
The name of the vessel and previous names of the vessel.
The International Maritime Organization (IMO) number of the vessel, or other Unique Vessel Identifier (such as the flag state permit number or authorized vessel number issued by an international fishery management organization).
The maritime mobile service identity number and call sign of the vessel.
The business or corporate address of each beneficial owner of the vessel.
The country where the vessel is registered or documented, and where it was previously registered if known.
The date of inclusion on the IUU vessel list of the vessel.
Any other Unique Vessel Identifier (UVI), if applicable.
Any other identifying information on the vessel, as determined appropriate by the Secretary.
The basis for the Secretary’s inclusion of the vessel on the IUU vessel list under paragraph (2).
The Secretary may take the action described in subsection (c)(2) of this section in effect on the day before the date of enactment of the Fighting Foreign Illegal Seafood Harvests Act of 2025 against a vessel on the IUU vessel list, the owner of such vessel, and the operator of such vessel.
Except as provided in paragraph (3), a vessel, fleet, or beneficial owner of a vessel or fleet that is put on the IUU vessel list shall remain on the IUU vessel list.
In consultation with the Secretary of State and the heads of other relevant agencies, the Secretary may remove a vessel, fleet, or beneficial owner of a vessel or fleet from the IUU vessel list if the beneficial owner of the vessel submits an application for removal to the Secretary that meets the standards that the Secretary has set out for removal. The Secretary shall make such standards publicly available.
In considering an application for removal, the Secretary shall consider relevant information from all sources.
The Secretary may remove a vessel from the IUU vessel list if the vessel was put on the list because it was a vessel listed on an IUU vessel list of an international fishery management organization, pursuant to subsection (c)(2)(A), and the international fishery management organization removed the vessel from its IUU vessel list.
Not later than 12 months after the date of enactment of the Fighting Foreign Illegal Seafood Harvests Act of 2025, the Secretary shall issue regulations to set a process for establishing, maintaining, implementing, and publishing the IUU vessel list. The Administrator may add or remove a vessel, fleet, or beneficial owner of a vessel or fleet from the IUU vessel list on the date the vessel becomes eligible for such addition or removal.
In this section:
Unless otherwise provided, the term Administrator means the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator.
The term beneficial owner means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise—
exercises substantial control over the vessel; or
owns not less than 50 percent of the ownership interests in the vessel.
The term foreign vessel has the meaning given the term in section 110 of title 46, United States Code).
The term international fishery management organization means an international organization established by any bilateral or multilateral treaty, convention, or agreement for the conservation and management of fish.
The term IUU fishing has the meaning given the term illegal, unreported, or unregulated fishing in the implementing regulations or any subsequent regulations issued pursuant to section 609(e).
The term seafood means fish, shellfish, processed fish, fish meal, shellfish products, and all other forms of marine animal and plant life other than marine mammals and birds.
There are authorized to be appropriated to the Department of Commerce to carry out this section $10,000,000 for each of fiscal years 2025 through 2030.
A foreign person is described in this subsection if the foreign person is the owner or beneficial owner of a vessel on the IUU vessel list developed under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i(c)).
A foreign person described in subsection (a) is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
The visa or other entry documentation of a foreign person described in subsection (a) shall be revoked, regardless of when such visa or other entry documentation is or was issued.
A revocation under subparagraph (A) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))—
take effect; and
cancel any other valid visa or entry documentation that is in the person’s possession.
The President may waive the imposition of sanctions under this section with respect to a foreign person if doing so is in the national interest of the United States.
This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence, law enforcement, or national security activities of the United States.
Sanctions under subsection (b) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations.
Sanctions under subsection (b) shall not apply with respect to a person providing provisions to a vessel identified under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) if such provisions are intended for the safety and care of the crew aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.
Sanctions under subsection (b) shall not apply with respect to a person described in subsection (a), if such person was listed as the owner of a vessel described in that subsection through the use of force, threats of force, fraud, or coercion.
In this section:
The terms admission, admitted, alien, and lawfully admitted for permanent residence have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
The term foreign person means an individual or entity that is not a United States person.
The term United States person means—
a United States citizen or an alien lawfully admitted for permanent residence to the United States;
an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
any person in the United States.
In negotiating any relevant agreement with a foreign nation or nations after the date of enactment of this Act, the President is encouraged to consider the impacts on or to IUU fishing and fishing that involves the use of forced labor and strive to ensure that the agreement strengthens efforts to combat IUU fishing and fishing that involves the use of forced labor as long as such considerations do not come at the expense of higher priority national interests of the United States.
The Federal Government should encourage other nations to ratify treaties and agreements that address IUU fishing to which the United States is a party, including the High Seas Fishing Compliance Agreement and the Port State Measures Agreement, and pursue bilateral and multilateral initiatives to raise international ambition to combat IUU fishing, including in the G7 and G20, the United Nations, the International Labor Organization (ILO), and the International Maritime Organization (IMO), and through voluntary multilateral efforts, as long as clear burden sharing arrangements with partner nations are determined. The bilateral and multilateral initiatives should address underlying drivers of IUU fishing and fishing that involves the use of forced labor.
Any memorandum of understanding or other non-binding instrument to further the objectives of this section shall be considered a qualifying non-binding instrument for purposes of section 112b of title 1, United States Code.
The Commandant of the Coast Guard shall strive to increase, from year to year, its observation of vessels on the high seas that are suspected of IUU fishing and related harmful practices, and is encouraged to consider boarding these vessels to the greatest extent practicable.
The Administrator shall, in consultation with the Commandant of the Coast Guard and the Secretary of State, coordinate regularly with regional fisheries management organizations to determine what corrective measures each country has taken after vessels that are registered or documented by the country have been boarded for suspected IUU fishing.
Not later than 3 years after the date of enactment of this Act and in accordance with information management rules of the relevant regional fisheries management organizations, the Commandant of the Coast Guard shall submit a report to Congress on—
the total number of bilateral agreements utilized or enacted during Coast Guard counter-IUU patrols and future patrol plans for operations with partner nations where bilateral agreements are required to effectively execute the counter-IUU mission and any changes to IUU provisions in bilateral agreements;
incidents of IUU fishing observed while conducting High Seas Boarding and Inspections (HSBI), how the conduct is tracked after referral to the respective country where the vessel is registered or documented, and what actions are taken to document or otherwise act on the enforcement, or lack thereof, taken by the country;
the country where the vessel is registered or documented, the country where the vessel was previously registered and documented if known, and status of a vessel interdicted or observed to be engaged in IUU fishing on the high seas by the Coast Guard;
incident details on vessels observed to be engaged in IUU fishing on the high seas, boarding refusals, and what action was taken; and
any other potential enforcement actions that could decrease IUU fishing on the high seas.
Section 3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is amended—
in paragraph (13), by striking and after the semicolon;
in paragraph (14), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
developing a strategy for leveraging enforcement capacity against IUU fishing, particularly focusing on nations identified under section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)); and
developing a strategy for leveraging enforcement capacity against associated abuses, such as fishing that involves the use of forced labor and other illegal labor practices, and increasing relevant enforcement, using as resources—
the List of Goods Produced by Child Labor or Forced Labor produced pursuant to section 105 of the Trafficking Victims Protection Reauthorization Act of 2005 (22 U.S.C. 7112);
the Trafficking in Persons Report required under section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107);
United States Customs and Border Protection’s Forced Labor Division and enforcement activities and regulations authorized under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
reports submitted under the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145).
The Secretary of State, in coordination with the Commandant of the Coast Guard and the Administrator, shall—
identify regional fisheries management organizations that the United States is party to that do not have a high seas boarding and inspection program; and
identify obstacles, needed authorities, or existing efforts to increase implementation of these programs, and take action as appropriate.
Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is amended by adding at the end:
Not later than 3 years after the date of enactment of the Fighting Foreign Illegal Seafood Harvests Act of 2025, the Working Group shall identify information and resources to prevent fish and fish products from IUU fishing and fishing that involves the use of forced labor from negatively affecting United States commerce without increasing burdens on seafood not produced from IUU fishing. The report shall include the following:
Identification of relevant data streams collected by Working Group members.
Identification of legal, jurisdictional, or other barriers to the sharing of such data.
In consultation with the Secretary of Defense, recommendations for joint enforcement protocols, collaboration, and information sharing between Federal agencies and States.
Recommendations for sharing and developing forensic resources between Federal agencies and States.
Recommendations for enhancing capacity to conduct more effective field investigations and enforcement efforts with U.S. state enforcement officials.
Recommendations for improving data collection and automated risk-targeting of seafood.
Recommendations for the dissemination of IUU fishing and fishing that involves the use of forced labor analysis and information to those governmental and non-governmental entities that could use it for action and awareness, with the aim to establish an IUU fishing information sharing center.
Recommendations for an implementation strategy, including measures for ensuring that seafood not linked to IUU fishing and fishing that involves the use of forced labor is not affected.
An analysis of the IUU fishing policies and regulatory regimes of other countries in order to develop policy and regulatory alternatives for United States consideration.
The Secretary of State and the Secretary of Commerce, in consultation with the heads of relevant agencies, are encouraged to increase support to programs that provide technical assistance, institutional capacity, and investment to nations’ fisheries sectors for sustainable fisheries management and combating IUU fishing and fishing involving the use of forced labor. The focus of such support is encouraged to be on priority regions and priority flag states identified under section 3552(b) of the Maritime SAFE Act (16 U.S.C. 8032(b)).
In order to maximize efforts on preventing IUU fishing at its sources, the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) shall analyze United States capacity-building expertise and resources to provide support to nations’ fisheries sectors. This analysis may include an assessment of potential avenues for in-country public-private collaboration and multilateral collaboration on developing local fisheries science, fisheries management, maritime enforcement, and maritime judicial capabilities.
The Secretary, in coordination with the heads of other relevant agencies, shall—
develop a strategy for utilizing relevant United States Government data to identify seafood harvested on foreign vessels using forced labor; and
publish information regarding the strategy developed under paragraph (1) on a publicly accessible website.
Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, with support from the Administrator and the Working Group established under section 3551 of the Maritime SAFE Act (16 U.S.C. 8031), shall conduct a study to assess the impact of new technology (such as remote observing, the use of drones, development of risk assessment tools and data-sharing software, immediate containerization of fish on fishing vessels, satellite Wi-Fi technology on fishing vessels, and other technology-enhanced new fishing practices) on IUU fishing and associated crimes (such as trafficking and fishing involving the use of forced labor) and propose ways to integrate these technologies into global fisheries enforcement and management.
Not later than 2 years after the date of enactment of this Act, the Secretary of State, with support from the Secretary of Commerce, shall—
conduct a study on the collaboration between the Russian and Chinese fishing industries and on the role of seafood reprocessing in China (including that of raw materials originating in Russia) in global seafood markets and its impact on United States interests; and
complete a report on the study that includes classified and unclassified portions, as the Secretary of State determines necessary.
Section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) is amended by adding at the end the following:
The Administrator, in consultation with relevant members of the Working Group, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will undertake a multifaceted study that includes the following:
An analysis that quantifies the occurrence and extent of IUU fishing and fishing involving the use of forced labor among all flag states.
An evaluation of the costs to the United States economy of IUU fishing and fishing involving the use of forced labor.
An assessment of the costs to the global economy of IUU fishing and fishing involving the use of forced labor.
An assessment of the effectiveness of response strategies to counter IUU fishing, including both domestic programs and foreign capacity-building and partnering programs.
There is authorized to be appropriated to carry out this subsection $2,000,000.
Not later than 24 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the study conducted under subsection (d) of section 3551 of the Maritime SAFE Act that includes—
the findings of the National Academies; and
recommendations on knowledge gaps that warrant further scientific inquiry.
Section 212(a) of the National Sea Grant College Program Act (33 U.S.C. 1131(a)) is amended—
in paragraph (1), by striking for fiscal year 2025 and inserting for each of fiscal years 2025 through 2031; and
in paragraph (2)—
in the paragraph heading, by striking for fiscal years 2021 through 2025; and
in the matter preceding subparagraph (A), by striking fiscal years 2021 through 2025 and inserting fiscal years 2026 through 2031.
The authorities and requirements provided in this Act, and the amendments made by this Act, shall not include any authority or requirement to impose sanctions on the importation of goods or related to sanctions on the importation of goods.
In this section, the term good—
means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment; and
excludes technical data.
Nothing in this Act shall be construed to limit the authority under, or otherwise affect, a provision of law that—
is in effect on the date of enactment of this Act; and
is not amended by this Act.
Notwithstanding section 1599b of title 10, United States Code, the Secretary of Defense shall direct the Director of the Defense Travel Management Office to update the Joint Travel Regulations, not later than February 1, 2026, to authorize educational travel for a dependent of a covered employee without regard to whether the Federal agency responsible for the employment of the covered employee anticipates that the covered employee will, during the 30-day period following the scheduled date of the dependent’s departure for the travel, be transferred to a location in the United States or travel to the United States for home leave.
Not later than February 1, 2026, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the update to the Joint Travel Regulations required by subsection (a).
Not later than one year after providing the briefing required by paragraph (1) and annually thereafter until February 1, 2029, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the use of the authority described in subsection (a) and the cost to the Federal Government of the use of that authority.
In this section, the term covered employee means an employee of the Department of Defense Education Activity assigned to United States Naval Station, Guantanamo Bay, Cuba.
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 1104 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended by striking through 2025 and inserting through 2026.
Paragraph (2) of section 1603(a) of the Emergency Supplemental 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 1105 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is further amended by striking 2026 and inserting 2027.
Section 2200h of title 10, United States Code, is amended—
in paragraph (8), by inserting , in accordance with subsection (b) before the period;
by striking In establishing and inserting the following:
In establishing
by adding at the end the following new subsection:
The head of a Department of Defense organization that partners with the program may, without regard to the provisions of subchapter I of chapter 33 of title 5, noncompetitively appoint a member of the program to a position in such organization for a term of one year, renewable for not more than a total of four one-year terms.
The head of an organization described in paragraph (1) may—
renew the appointment a successful graduate of the program serving a one-year term under such paragraph until such graduate is appointed to a permanent position in such organization, except that the appointment may not be renewed for more than a total of four one-year terms; and
noncompetitively appoint the graduate from a one-year term appointment renewed under clause (i) into a vacant position in the competitive or excepted service of the Department.
The position of a graduate in a term or permanent position described in subparagraph (A) shall be at the level of GS–9 of the General Schedule or an equivalent level for which the participant is qualified, without regard to any minimum time-in-grade or time-based experience requirements.
The authority under this section may not be used for more than 60 graduates of the program in any calendar year.
The authority under this subsection shall terminate on December 31, 2029.
Not later than January 31, 2026, and annually thereafter until January 31, 2030, the Secretary of Defense shall submit to the appropriate congressional committees a report on the use of the authority under this subsection.
Each report required by subparagraph (A) shall include the following:
The number of graduates of the program for which the authority under this section was used in the prior year.
An identification of the Department of Defense organizations that used the authority to appoint graduates of the program under paragraph (2)(ii).
In this section, the term appropriate congressional committees means—
the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.
Section 1746(e)(3) of title 10, United States Code, is amended by striking term each place it appears and inserting tenure.
Section 1125(a) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is amended by inserting , including to Navy Supervisor of Shipbuilding, Conversion, and Repair positions after Facilities Base.
At the end of each fiscal year, the Secretary of the Navy shall submit to the relevant congressional committees a report that includes the following elements:
The number of Navy Supervisor of Shipbuilding, Conversion, and Repair positions filled in comparison to the previous fiscal year.
The extent to which direct hire authority has affected recruitment and retention for Navy Supervisor of Shipbuilding, Conversion, and Repair positions.
Other data and information related to the hiring process for the Navy Supervisor of Shipbuilding, Conversion, and Repair that the Secretary of the Navy considers appropriate.
In this section, the term relevant congressional committees means—
the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.
Section 1599f of title 10, United States Code, is amended to read as follows:
The Secretary of Defense may—
establish, as positions in the excepted service, such qualified positions in the Department of Defense as the Secretary considers necessary to carry out the cyber mission of the Department and are not in the Defense Civilian Intelligence Personnel System, including—
positions in the Defense Digital Executive Service established under subsection (c); and
Defense Digital Senior Level positions designated under subsection (d);
carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in cyber for the Department; and
implement an interagency transfer agreement between qualified positions in the excepted service established under this section and positions in the competitive service in the Department, including the military departments.
Unless explicitly provided otherwise by law, the authority of the Secretary under this section applies without regard to any other provision of law relating to the appointment, number, classification, or compensation of employees that the Secretary determines is incompatible with the approach to talent management under this section.
The Secretary may—
without regard to any provision of title 5 governing the appointment of employees in the civil service, appoint individuals to qualified positions established under subsection (a)(1); and
subject to paragraphs (2) and (3), fix the compensation of employees appointed under subparagraph (A).
The Secretary—
shall fix the rates of basic pay for employees appointed under paragraph (1)(A)—
with the rates of pay provided for employees in comparable positions in the Federal Government; and
subject to the same limitations on maximum rates of pay established for such employees by statute or regulation; and
may prescribe the rates of basic pay for employees appointed under paragraph (1)(A) at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5.
Subject to subparagraph (C), the Secretary may, with respect to an employee appointed under paragraph (1)(A), other than such an employee receiving the maximum rate of basic pay prescribed under paragraph (2)(B), provide the employee compensation (in addition to basic pay), including payments, benefits, sabbaticals, incentives, awards, and allowances—
in accordance with relevant provisions of other laws, including provisions of title 5;
consistent with, and not in excess of the level authorized for, comparable positions in the Federal Government; and
to the extent compatible with the approach to talent management under this section.
An employee appointed under paragraph (1)(A) shall be eligible for an allowance under section 5941 of title 5, in addition to such basic pay, on the same basis and at least to the same extent as if the employee was an employee covered by such section, including eligibility conditions, allowance rates, and all other terms and conditions in statute or regulation.
No additional compensation may be provided to an employee under this paragraph in any calendar year if, or to the extent that, the employee’s total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.
The Secretary may establish a Defense Digital Executive Service for positions established under subsection (a)(1)(A)(i) that are comparable to Senior Executive Service positions.
The Secretary may designate as a Defense Digital Senior Level position any defense cyber position that, as determined by the Secretary—
is classified above the grade of GG–15 of the excepted service;
does not satisfy functional or program management criteria for being designated as a position in the Defense Digital Executive Service; and
has no more than minimal supervisory responsibilities.
The probationary period for all employees hired under the authority provided by this section shall be two years.
An individual occupying a position on the date of the enactment of this section that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion.
After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position shall be converted to a position in the excepted service.
The authority provided by this section shall become effective 30 days after the date on which the Secretary submits to the congressional defense committees a plan for the implementation of such authority.
The plan described in paragraph (1) shall include the following:
An assessment of the current scope of the positions covered by the authority provided by subsection (a).
A plan for the use of the authority.
An assessment of the anticipated workforce needs for the cyber mission of the Department across the future-years defense program.
Other matters as appropriate.
Nothing in subsection (a) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession.
The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section.
Not later than one year after the date of the enactment of this section and not less frequently than once each year thereafter until the date that is five years after the date of the enactment of this section, the Director of the Office of Personnel Management, in coordination with the Secretary, shall submit to the appropriate committees of Congress a detailed report on the administration of this section during the most recent one-year period.
Each report submitted under paragraph (1) shall include, for the period covered by the report, the following:
A discussion of the process used in accepting applications, assessing candidates, ensuring adherence to veterans' preference, and selecting applicants for vacancies to be filled by an individual for a qualified position.
A description of the following:
How the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions.
The measures that will be used to measure progress.
Any actions taken during the reporting period to fulfill such critical need.
A discussion of how the planning and actions taken under subparagraph (B) are integrated into the strategic workforce planning of the Department.
The metrics on actions occurring during the reporting period, including the following:
The number of employees in qualified positions hired, disaggregated by occupation and grade and level or pay band.
The placement of employees in qualified positions, disaggregated by military department, Defense Agency, or other component within the Department.
The total number of veterans hired.
The number of separations of employees in qualified positions, disaggregated by occupation and grade and level or pay band.
The number of retirements of employees in qualified positions, disaggregated by occupation and grade and level or pay band.
The number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions, disaggregated by occupation and grade and level or pay band.
The number of employees in qualified positions who held an appointment related to cybersecurity at a Federal agency outside of the Department during the three-year period prior to being appointed under this section.
The Director of the Office of Personnel Management shall make available to the Comptroller General of the United States each report required by subsection (j).
The Comptroller General shall—
assess any differences in recruitment and retention for cyber positions experienced by Federal agencies based on unique hiring and pay authorities for cyber professionals, including with respect to Senior Executive Service positions and Senior Level positions; and
not later than five years after the date of the enactment of this section, submit to the appropriate committees of Congress the results of that assessment.
In this section:
The term appropriate committees of Congress means—
the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.
The term competitive service has the meaning given that term in section 2102 of title 5.
The term excepted service has the meaning given that term in section 2103 of title 5.
The term qualified position means a position, designated by the Secretary for the purpose of this section, in which the individual occupying such position performs, manages, or supervises functions that execute the cyber mission of the Department.
The term Senior Executive Service position has the meaning given that term in section 3132(a) of title 5.
The table of sections at the beginning of chapter 81 of such title is amended by striking the item relating to section 1599f and inserting the following new item:
None of the funds authorized to be appropriated by this Act may be used to reduce the workforce at public shipyards, including probationary employees.
The workforce at public shipyards and any other positions at a public shipyard not specified in subsection (c) shall be exempt from any workforce reductions related to spending cuts, reprogramming of funds, or the probationary status of employees.
In this section, the term workforce at public shipyards includes any of the following positions at a public shipyard:
Welders.
Pipefitters.
Shipfitters.
Radiological technicians and engineers.
Engineers and engineer technicians.
Apprentices.
Positions supporting a workforce development pipeline.
Positions supporting nuclear maintenance and refueling.
Mechanics.
Painters and blasters.
Positions supporting maintenance and operations of infrastructure.
Positions supporting implementation of the Shipyard Infrastructure Optimization Program.
Nothing in this section may be construed to restrict the authority of the Secretary of Defense to manage the workforce of the Department of Defense under existing procedures in cases of misconduct or poor performance.
This section shall cease to be effective December 31, 2029.
Subsection (a) of section 321 of title 10, United States Code, is amended—
in paragraph (1), by striking or other security forces and inserting , or other security forces that perform a similar function,;
by striking paragraph (2); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
Subsection (b) of such section is amended—
in the matter preceding paragraph (1), by striking subsection (e) and inserting subsection (f);
by amending paragraph (1) to read as follows:
Expenses of forces assigned or allocated to that command in conjunction with activities conducted under this section.
in paragraph (2), by striking that training and inserting such activities;
in paragraph (3), by striking training and inserting activities;
by striking paragraph (4);
in paragraph (5), by striking training described in and all that follows through paragraph (4) and inserting training and exercises under this section; and
by redesignating paragraph (5) as paragraph (4).
Subsection (e) of such section is amended to read as follows:
Not less frequently than semiannually, the Secretary of Defense shall submit to the appropriate committees of Congress a report on training and exercises conducted under this section during the preceding 180-day period.
Section 321 of title 10, United States Code, is amended, in the section heading, by inserting and exercises after Training.
The table of sections for subchapter III of chapter 16 of title 10, United States Code, is amended by striking the item relating to section 321 and inserting the following:
Section 1332 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2007; 10 U.S.C. 301 note) is repealed.
Section 342(f)(3)(A) of title 10, United States Code, is amended, in the first sentence, by striking from a developing country.
Section 352 of title 10, United States Code, is amended—
in subsection (a), by striking may and inserting shall; and
in subsection (e), by adding at the end the following new paragraph:
Tuition fees charged for personnel who attend the School may not include any amount for the fixed costs of operating and maintaining the School.
Section 1208 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended by striking subsection (i).
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and with the agreement of the Government of Mexico, shall submit to the appropriate congressional committees a plan for a pilot program under which the armed forces of Mexico and the United States Armed Forces will train jointly in the United States on tactics, techniques, and procedures for countering the threat posed by transnational criminal organizations, including through—
operations involving the use of rotary-wing aircraft; and
in consultation with the appropriate civilian government agencies specializing in countering transnational criminal organizations—
joint network analysis;
counter threat financing;
counter illicit trafficking (including narcotics, weapons, and human trafficking, and illicit trafficking in natural resources); and
assessments of key nodes of activity of transnational criminal organizations.
Not later than 15 days after the date on which the plan required by subsection (a) is submitted under such subsection, the Secretary of Defense shall begin implementing the pilot program described in the plan.
In this section, the term appropriate congressional committees means—
the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
The Secretary of Defense, using existing authorities of the Secretary, may establish a pilot program in Panama—
to enhance the cybersecurity capabilities of the Panama Canal Authority and the national security forces of Panama; and
to increase cybersecurity cooperation measures between the United States and Panama in current and future joint military training exercises.
The purposes of the cybersecurity cooperation under paragraph (1) are—
to assist in implementing the Cyber Cooperation Arrangement;
to provide training and technical assistance to, and enhance joint cooperation with, the national security forces of Panama so as to improve mitigation, deterrence, and detection of ransomware attacks on, and vulnerabilities of, critical infrastructure in and around the Panama Canal; and
to incorporate cybersecurity cooperation measures into current and potential United States-Panama joint military training exercises so as to improve the security of the Panama Canal.
Activities of the Department of Defense to further the purposes described in paragraph (2) may include the following:
Provision of education and training to, and information sharing with, the Panama Canal Authority and the national security forces of Panama.
Collaboration on cyber incident response best practices with the Panama Canal Authority and the national security forces of Panama.
Provision of technical assistance to the Panama Canal Authority and the national security forces of Panama to detect and mitigate cybersecurity attacks.
Development of supply chain security best practices and building a trusted vendor network with the Panama Canal Authority and the national security forces of Panama.
Engagement with the national security forces of Panama on joint cybersecurity training exercises and other information-sharing and domain awareness activities relating to cybersecurity, including by—
encouraging the participation of the Government of Panama in existing cybersecurity training facilitated or managed by the Department and approved by the Secretary;
incorporating cybersecurity into existing joint training exercises, such as PANAMAX; and
conducting an annual joint tabletop cybersecurity exercise.
Not later than one year after the date of the enactment of this Act, and annually thereafter through 2030, the Secretary shall—
submit to the congressional defense committees a report on—
the implementation of this section and any challenges relating to such implementation;
any known cyber threats relating to Panama, such as incidents of ransomware attacks on critical infrastructure in and around the Panama Canal; and
actions taken to address and mitigate such threats; and
provide the congressional defense committees with a briefing on such report.
Any activity carried out under this section shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States.
In this section:
The term critical infrastructure has the meaning given such term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
The term Panama Canal Authority has the meaning given such term in section 3(d) of the Panama Canal Act of 1979 (22 U.S.C. 3602(d)).
The term PANAMAX refers to—
an annual bilateral and multinational military exercise and training series relating to the security of the Panama Canal carried out in coordination with United States Southern Command and the military or security forces of—
the governments of countries in Latin America and the Caribbean; and
certain European countries; and
any related exercises conducted in Panama.
The term ransomware attack has the meaning given such term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
The Secretary of Defense shall make such changes to Department of Defense Instruction 5111.20 (relating to the State Partnership Program) (or a successor instruction) as may be necessary to ensure that, in performing selection analysis for the State Partnership Program under section 341 of title 10, United States Code, the Chief of the National Guard Bureau—
considers the number of current partnerships assigned to the National Guard of a State; and
gives preference to States that have only one active assigned country under the program.
Section 333 of title 10, United States Code, is amended—
in subsection (a), by adding at the end the following new paragraphs:
Disaster risk reduction or response operations.
Space domain awareness and space operations.
Foreign internal defense operations.
in subsection (g)(2), by striking made.
Section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 333 note) is amended—
in the section heading, by inserting and the Pacific Islands before the period;
in subsection (e), by striking 2027 and inserting 2029; and
in subsection (f)(2), by adding at the end the following:
Each member country of the Pacific Islands Forum.
Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended—
in subsection (a), in the matter preceding paragraph (1) by striking December 31, 2025 and inserting December 31, 2026,; and
in subsection (d)(1), by striking December 31, 2025 and inserting December 31, 2026.
Section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended—
by striking subsection (c);
in subsection (d), by striking fiscal year 2025 and inserting fiscal year 2026; and
by redesignating subsections (d) through (h) as subsections (c) through (g), respectively.
Section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541) is amended—
in subsection (a), in the matter preceding paragraph (1), by striking December 31, 2025 and inserting December 31, 2026; and
in subsection (l)(3)(E), by striking December 31, 2025 and inserting December 31, 2026.
Section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) is amended—
in subsection (a), in the matter preceding paragraph (1), by striking December 31, 2025 and inserting December 31, 2026;
by striking subsection (g);
by redesignating subsections (h) through (o) as subsections (g) through (n), respectively;
in subsection (i)(1)(C), as redesignated, by striking subsection (l)(2) and inserting subsection (k)(2);
in subsection (k)(2), as redesignated—
in subparagraph (B)(ii), by striking subsection (j)(1)(C) and inserting subsection (i)(1)(C); and
in subparagraph (C), by striking subsection (k) and inserting subsection (j); and
in subsection (n)(6), as redesignated, by striking December 31, 2025 and inserting December 31, 2026.
Section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note) is amended—
in subsection (a)(1)—
in subparagraph (A), by striking with Syria and Iraq; and
in subparagraph (B), by striking with Syria;
in subsection (c)—
by striking paragraph (1); and
by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and
in subsection (h), by striking December 31, 2025 and inserting December 31, 2027.
The Secretary of Defense, in consultation with the Secretary of State and pursuant to authorities available to the Secretary of Defense, shall take appropriate measures to support the defenses of al-Hol and Roj camps and security for detainees within such camps, including through support for vetted foreign partner security forces, so as to prevent escape and radicalization efforts that could contribute to a resurgence of the Islamic State of Iraq and Syria.
Not later than March 31, 2026, and annually thereafter through March 31, 2028, the Secretary of Defense shall submit to the congressional defense committees a report that—
assesses the status of United States Armed Forces operations in northeast Syria related to counterterrorism and security efforts;
describes the conditions and security of detainees at al-Hol and Roj camps;
describes support to vetted foreign security partners responsible for the administration and security of al-Hol and Roj camps and surrounding areas;
assesses the effectiveness of support to vetted foreign security partners in maintaining the stability and security of al-Hol and Roj camps and surrounding areas;
describes efforts to repatriate detainees from al-Hol and Roj camps to the home countries of such detainees or to third countries;
describes plans for the long-term security of al-Hol and Roj camps; and
includes recommendations for further actions to prevent the resurgence of the Islamic State of Iraq and Syria.
Until the date that is 15 days after the date on which the certification described in subsection (b) is submitted to the congressional defense committees, amounts authorized to be appropriated by this Act may not be obligated or expended to reduce the number of, or consolidate, bases of the United States Armed Forces located in Syria.
The certification described in this subsection is a certification by the Secretary of Defense, in consultation with the Commander of the United States Central Command that a reduction of the number, or consolidation, of bases of the United States Armed Forces located in Syria resulting in an updated force posture or basing locations would continue to sufficiently meet objectives consistent with the purposes outlined in section 1209(a) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 354).
The certification described in this subsection shall include the following:
A description of the current posture of United States Armed Forces in Syria and levels of engagement by the United States Armed Forces with Syrian groups and individuals.
A description of the planned posture of the United States Armed Forces in Syria and projected levels of engagement by such forces with Syrian groups and individuals that would result from such a reduction or consolidation.
An assessment of any gaps that the planned posture of United States Armed Forces as a result of such a reduction or consolidation would generate, including in assistance, training, or enabling authorized for Syrian groups and individuals.
A description of mitigation measures being taken to address any identified gaps in assistance, training, or enabling for Syrian groups.
A plan to balance consolidation with an offshore presence to sustain counterterrorism operations.
Not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Office of Security Cooperation in Iraq may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees a certification that the Government of Iraq has taken credible steps—
to reduce the operational capacity of Iran-aligned militia groups not integrated into the Iraqi Security Forces through a publicly verifiable disarmament, demobilization, and reintegration process;
to strengthen the authority and operational control of the Prime Minister of Iraq as Commander-in-Chief over the Iraqi Security Forces; and
to investigate and hold accountable members of militias or members of security forces operating outside the formal chain of command of the Iraqi Security Forces who engage in attacks on United States or Iraqi personnel or otherwise act in an illegal or destabilizing manner.
The Secretary of Defense may waive the limitation in subsection (a) for a period of not more than 180 days if the Secretary determines that such waiver is in the national security interest of the United States. Any such waiver shall be submitted in writing to the congressional defense committees not later than 15 days after issuance, along with a justification and a description of the steps being taken to achieve the objectives described in subsection (a).
The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102–1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed.
The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.
Section 1245(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2847) is amended by striking ‘‘or 2025’’ and inserting 2025, or 2026.
Section 1234(g) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3938) is amended by striking January 31, 2026 and inserting January 31, 2031.
Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—
in subsection (c)—
by redesignating paragraph (6) as paragraph (5); and
by adding at the end the following new paragraphs (6) and (7):
Amounts available in a fiscal year to carry out the authority in subsection (a) may be used for programs under that authority that begin in such fiscal year and end not later than the end of the second fiscal year thereafter.
The limitation in subsection (b)(2) of section 2571 of title 10, United States Code, shall not apply with respect to reimbursable support for the purpose of providing assistance under this section.
in subsection (f), by adding at the end the following new paragraph:
For fiscal year 2026, $500,000,000.
in subsection (h), by striking December 31, 2026 and inserting December 31, 2028.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall seek to partner with the Minister of Defense of Ukraine to develop a weapons depot maintenance strategic plan for Ukraine that includes, at a minimum—
an outline of the planning and management processes necessary to establish for Ukraine a robust weapons depot maintenance capability, including the steps necessary to achieve such capability;
a detailed plan for restoring the readiness of the military forces of Ukraine by repairing, replacing, or divesting the substantial quantities and wide variety of weapons systems and equipment that have been donated or procured to sustain the military operations of Ukraine; and
the estimated resources, manpower, and timeline required to fully implement the strategic plan.
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 the House of Representatives a detailed report on the strategic plan developed under subsection (a) that includes each element described in paragraphs (1) through (3) of that subsection.
Until the date that is 90 days after the date on which the certification described in subsection (b) and the assessment described in subsection (c) are submitted to the congressional defense committees, amounts authorized to be appropriated by this Act may not be obligated or expended—
to reduce the total number of members of the Armed Forces permanently stationed in or deployed to the area of responsibility of the United States European Command below 76,000;
to divest, consolidate, or otherwise return to a host country any site on the real property inventory of the United States European Command as of June 1, 2025;
to divest, redeploy, withdraw, or otherwise permanently move out of the area of responsibility of the United States European Command any Department of Defense equipment or physical property positioned in such area of responsibility as of June 1, 2025, with an initial purchase value of more than $500,000; or
to relinquish the role of the Commander of the United States European Command as North Atlantic Treaty Organization (NATO) Supreme Allied Commander Europe.
The certification described in this subsection is a certification by the Secretary of Defense, in consultation with the Commander of the United States European Command, the Secretary of State, and the Director of National Intelligence, to the congressional defense committees that, as applicable, a reduction of the total number of members of the Armed Forces permanently stationed in or deployed to the area of responsibility of the United States European Command below 76,000, the divestment, consolidation, or return to a host country of any site on the real property inventory of the United States European Command as of June 1, 2025, the divestment, redeployment, withdrawal, or otherwise permanent moving of equipment or property described in subsection (a)(3), or the relinquishment of the role of the Commander of the United States European Command as NATO Supreme Allied Commander Europe—
is in the national security interest of the United States; and
is being undertaken only after appropriate consultations with all North Atlantic Treaty Organization allies and relevant non-NATO partners.
An assessment described in this subsection is the following:
In the case of a reduction of the total number of members of the Armed Forces permanently stationed in or deployed to the area of responsibility of the United States European Command below 76,000, the divestment, consolidation, or return to a host country of any site on the real property inventory of the United States European Command, or the divestment, redeployment, withdrawal or otherwise permanent moving of equipment or property described in subsection (a)(3)—
an analysis of the impact of such an action on—
the security of the United States;
the security of North Atlantic Treaty Organization allies and the strength and security of the North Atlantic Treaty Organization as a whole; and
the ability of the United States to meet national North Atlantic Treaty Organization capability targets, regional and theater campaign plans, and other warfighting requirements, as determined by the Commander of the United States European Command and the NATO Supreme Allied Commander Europe;
an assessment of the threat posed by the Russian Federation to the North Atlantic Treaty Organization in the near term, medium term, and long term;
an analysis of the impact of such an action on the ability of the Armed Forces to execute contingency plans of the Department of Defense, including in support of operations and crisis response in the areas of responsibility of the United States Central Command and the United States Africa Command;
a detailed analysis of the costs for relocation of personnel, equipment, and associated infrastructure;
an analysis of the impact of such an action on military training and major military exercises, including on interoperability and joint activities with North Atlantic Treaty Organization allies and partners;
a description of consultations with each North Atlantic Treaty Organization ally and all relevant non-NATO partners;
an assessment of the impact of such an action on the credibility of United States extended deterrence commitments to North Atlantic Treaty Organization allies, and the potential for nuclear proliferation in the European theater;
an assessment of the impact of such an action on transatlantic cooperation to deter potential threats from the People’s Republic of China; and
an independent risk assessment by the Commander of the United States European Command and the Chairman of the Joint Chiefs of Staff of—
the impact of such a reduction or divestment, consolidation, or return on the security of the United States;
the ability of the Armed Forces to provide forward defense of the United States;
the ability of the Armed Forces to execute contingency plans of the Department of Defense, including in support of operations outside the area of responsibility of the United States European Command; and
the impact of such a reduction or divestment, consolidation, or return on military training and major military exercises, including on interoperability and joint activities with North Atlantic Treaty Organization allies and partners.
In the case of the relinquishment of the role of the Commander of the United States European Command as the NATO Supreme Allied Commander Europe—
a classified explanation of the role of United States nuclear weapons in supporting North Atlantic Treaty Organization operations and activities after having relinquished such role, including changes to command and control relationships and adjustments to United States nuclear posture;
a description of consultations with all North Atlantic Treaty Organization allies and relevant non-NATO partners, including through the Nuclear Planning Group of the North Atlantic Treaty Organization;
an assessment of the impact of the withdrawal of a United States official as the NATO Supreme Allied Commander Europe on—
the effectiveness of North Atlantic Treaty Organization nuclear deterrence; and
the potential for nuclear proliferation in Europe;
an independent risk assessment by the Commander of the United States European Command and the Chairman of the Joint Chiefs of Staff of—
the nuclear capabilities of North Atlantic Treaty Organization allies; and
the potential for nuclear proliferation in Europe; and
an independent assessment by the Commander of the United States Strategic Command of—
the capability and capacity of nuclear-armed North Atlantic Treaty Organization allies to effectively deter and, if necessary, defeat likely adversaries in the nuclear domain absent a United States commander serving in the role of Supreme Allied Commander Europe;
changes to be made to existing United States contingency plans if other North Atlantic Treaty Organization member countries with nuclear capabilities were to provide extended nuclear deterrence to the North Atlantic Treaty Organization; and
the impact of such provision of extended nuclear deterrence on United States nuclear posture and deterrence planning requirements.
Any independent assessment required under paragraph (1) shall be submitted to the congressional defense committees without modification or alteration.
A certification described in subsection (b) shall be submitted in unclassified form.
An assessment described in subsection (c) shall be submitted in unclassified form but may include a classified annex.
Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended by adding at the end the following new subsection:
Equipment procured to carry out this authority pursuant to subsection (a) may only be treated as stocks of the Department of Defense if—
the equipment procured has not yet been transferred to the Government of Ukraine and is no longer needed to support a program carried out pursuant to such subsection; or
the equipment procured has been transferred to the Government of Ukraine and is returned by Ukraine to the United States.
The Secretary may not transfer back into stock equipment described in paragraph (1) until the date that is 15 days after the date on which the Secretary submits a notification to Congress describing how the conditions of such paragraph were met.
Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068), as amended by this Act, is further amended by adding at the end the following new subsection:
It is the policy of the United States—
to assist Ukraine in maintaining a credible defense and deterrence capability;
to bolster defense and security cooperation with Ukraine as a means of building a future force of Ukraine that is capable of defending Ukraine today and deterring future aggression; and
to advance continued reform of the democratic, economic, defense, and security institutions of Ukraine in order to advance the Euro-Atlantic integration and modernization of Ukraine.
In this subsection, the term credible defense and deterrence capability means the ability to defend against and deter any credible conventional military threat from the Russian Federation acting unilaterally or in concert with partners, through the use of conventional military means, possessed in sufficient quantity, including weapons platforms and munitions, command, control, communication, intelligence, surveillance, and reconnaissance capabilities.
The Secretary of Defense shall provide intelligence support, including information, intelligence, and imagery collection authorized under title 10, United States Code, to the Government of Ukraine for the purpose of supporting military operations of the Government of Ukraine that are specifically intended or reasonably expected to defend and retake the territory of Ukraine.
In this section, the term territory of Ukraine includes all territory internationally recognized to be the sovereign territory of Ukraine, including Crimea and the territory the Russian Federation claims to have annexed in Kherson Oblast, Zaporizhzia Oblast, Donetsk Oblast, and Luhansk Oblast.
Not less than 15 percent of the funds authorized to be appropriated by this Act for the International Security Cooperation Program shall be available for use by the United States European Command.
It is the sense of Congress that the Department of Defense should leverage existing programs and authorities, including JUMPSTART, to employ resources from European partners via multination co-financing to support and expedite the delivery of weapons, training, and logistics to Ukraine.
Not later than January 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
an assessment of opportunities for leveraging JUMPSTART to deliver critical technologies to Ukraine, including technologies that also meet United States operational requirements;
a summary of Department efforts to accelerate the rapid delivery of articles, training, and logistics through FMS;
a description of any efficiencies that have been achieved by pooling financial resources from partners and allies;
a description of opportunities for employing pooled partner and ally resources to deliver United States systems in support of Europe’s security needs;
proposed legislative or regulatory changes necessary to enhance the effectiveness of JUMPSTART; and
other topics as determined by the Secretary.
The report required under paragraph (1) shall be in unclassified form, but may include a classified annex as necessary.
Section 1250 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 464; 10 U.S.C. 113 note) is amended to read as follows:
In considering decisions related to United States military basing and training in North Atlantic Treaty Organization member countries, the Secretary of Defense shall include among the factors for consideration whether the country concerned has submitted its annual plan to meet, and has made progress toward, the goal agreed to in the Hague Summit Declaration of June 25, 2025, to invest not less than 5 percent of gross domestic product annually in defense by 2035, of which—
not less than 3.5 percent is dedicated to core defense requirements and North Atlantic Treaty Organization capability targets; and
not less than 1.5 percent is dedicated to other defense and security related investments.
The table of contents for the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 136) is amended by striking the item relating to section 1250 and inserting the following:
The table of contents at the beginning of title XII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 435) is amended by striking the item relating to section 1250 and inserting the following:
Notwithstanding the requirements of section 3(a)(2) of the Arms Export Control Act (22 USC 2753(a)(2)) and Section 505(a)(1) of the Foreign Assistance Act of 1961 (22 USAC 2314(a)(1)), retransfers of defense articles related to United States-origin mobile rocket artillery systems among Estonia, Lithuania, and Latvia shall not require prior Presidential consent.
The authority provided in subparagraph (A) shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.
An agreement between the United States and a Baltic State under section 3 of the Arms Export Control Act (22 U.S.C. 2753(a)) with respect to defense articles or defense services related to mobile rocket artillery systems provided by the United States shall not require the Baltic state to seek approval from the United States to transfer the defense article or defense service to any other Baltic state.
With respect to any agreement under section 3(a)(2) of the Arms Export Control Act (22 U.S.C. 2753(a)(2)) in effect as of the date of the enactment of this Act that requires the consent of the President before a Baltic state may transfer a defense article or defense service related to mobile rocket artillery systems provided by the United States, at the request of any Baltic state, the United States shall modify such agreement so as to remove such requirement with respect to such a transfer to any other Baltic state.
The Secretary of Defense may establish among the Baltic states a common coalition key or other technological solution within the Baltic states for the purpose of sharing ammunition for High Mobility Artillery Rocket Systems (HIMARS) among the Baltic states for training and operational purposes.
In this section:
The term Baltic state means the following:
Estonia.
Lithuania.
Latvia.
The terms defense article and defense service have the meanings given such terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
Pursuant to the authority provided in chapter 16 of title 10, United States Code, the Secretary of Defense may establish and carry out an initiative, to be known as the Baltic Security Initiative, for the purpose of deepening security cooperation with the military forces of the Baltic countries.
An initiative established under subsection (a) shall be carried out pursuant to the authorities provided in title 10, United States Code.
The objectives of an initiative established under subsection (a) should include—
to achieve United States national security objectives by—
deterring aggression by the Russian Federation; and
implementing the North Atlantic Treaty Organization's new Strategic Concept, which seeks to strengthen the alliance's deterrence and defense posture by denying potential adversaries any possible opportunities for aggression;
to enhance regional planning and cooperation among the military forces of the Baltic countries, particularly with respect to long-term regional capability projects, including—
long-range precision fire systems and capabilities;
integrated air and missile defense;
maritime domain awareness;
land forces development, including stockpiling large caliber ammunition;
command, control, communications, computers, intelligence, surveillance, and reconnaissance;
special operations forces development;
coordination with and security enhancements for Poland, which is a neighboring North Atlantic Treaty Organization ally; and
other military capabilities, as determined by the Secretary; and
with respect to the military forces of the Baltic countries, to improve cyber defenses and resilience to hybrid threats.
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 the House of Representatives a report setting forth a strategy for the Department of Defense to achieve the objectives described in subsection (c).
The strategy required by this subsection shall include a consideration of—
security assistance programs for the Baltic countries authorized as of the date on which the strategy is submitted;
the ongoing security threats to the North Atlantic Treaty Organization's eastern flank posed by Russian aggression, including as a result of the Russian Federation’s 2022 invasion of Ukraine with support from Belarus; and
the ongoing security threats to the Baltic countries posed by the presence, coercive economic policies, and other malign activities of the People’s Republic of China.
There is authorized to be appropriated to the Secretary $350,000,000 for each of the fiscal years 2026, 2027, and 2028 to carry out an initiative established under subsection (a).
It is the sense of Congress that the Secretary should seek to require matching funds from each of the Baltic countries that participate in such an initiative in amounts commensurate with amounts provided by the Department for the initiative.
In this section, the term Baltic countries means—
Estonia;
Latvia; and
Lithuania.
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—
by striking the National Defense Authorization Act for Fiscal Year 2025 and inserting the National Defense Authorization Act for Fiscal Year 2026; and
by striking fiscal year 2025 and inserting fiscal year 2026.
Subsection (d) of such section is amended—
in paragraph (1)(A), in the matter preceding clause (i), by striking fiscal years 2026 and 2027 and inserting fiscal years 2027 and 2028; and
in paragraph (2), by striking fiscal years 2025 and 2026 each place it appears and inserting fiscal years 2027 and 2028.
Subsection (e) of such section is amended, in the matter preceding paragraph (1), by striking fiscal years 2026 and 2027 and inserting fiscal years 2027 and 2028.
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 2025 and inserting fiscal year 2026.
Amounts authorized to be appropriated by this Act may not be obligated or expended to reduce the total number of members of the Armed Forces permanently stationed in or deployed to the Republic of Korea below 28,500, or to complete the transition of wartime operational control of the United States-Republic of Korea Combined Forces Command from United States-led command to Republic of Korea-led command, until the date that is 90 days after the date on which the certification described in subsection (b) and the applicable assessment described in subsection (c) are submitted to the appropriate committees of Congress.
The certification described in this subsection is a certification by the Secretary of Defense, in consultation with the Commander of the United States Forces Korea, the Commander of the United States Indo-Pacific Command, the Secretary of State, and the Director of National Intelligence, to the appropriate committees of Congress that, as applicable, a reduction in the total number of members of the Armed Forces permanently stationed in or deployed to the Republic of Korea below 28,500 or the completion of the transition of wartime operational control of the United States-Republic of Korea Combined Forces Command from United States-led command to Republic of Korea-led command—
is in the national security interest of the United States; and
is being undertaken only after appropriate consultations with allies of the United States, including the Republic of Korea, Japan, and any country that has sent military contributions to the United Nations Command.
An assessment described in this subsection is the following:
In the case of a reduction in the total number of members of the Armed Forces permanently stationed in or deployed to the Republic of Korea below 28,500, an assessment by the Secretary of Defense, in consultation with the Commander of the United States Forces Korea, the Commander of the United States Indo-Pacific Command, the Secretary of State, and the Director of National Intelligence that includes—
an analysis of the impact of such a reduction on—
the security of the United States;
the security of the Republic of Korea and Japan;
United States deterrence; and
the defense posture of the United States Indo-Pacific Command;
an analysis of the impact of such a reduction on the ability of the Armed Forces to execute contingency plans of the Department of Defense, including in support of operations beyond the Korean Peninsula;
an analysis of the additional costs for relocation of personnel, equipment, and associated infrastructure;
an analysis of the impact of such a reduction on military training and major military exercises, including on interoperability and joint activities with the Republic of Korea and Japan;
a description of consultations with the Republic of Korea, Japan, and countries that have sent military contributions to the United Nations Command;
an assessment of the impact of such a reduction on the credibility of United States extended deterrence commitments to the Republic of Korea and Japan, and the potential for nuclear proliferation in the Indo-Pacific region; and
an independent risk assessment by the Commander of the United States Forces Korea, the Commander of the United States Indo-Pacific Command, and the Chairman of the Joint Chiefs of Staff of—
the impact of such a reduction on the security of the United States;
the ability of the Armed Forces to execute contingency plans of the Department of Defense, including in support of operations beyond the Korean Peninsula; and
the impact of such a reduction on military training and major military exercises, including on interoperability and joint activities with the Republic of Korea and Japan.
In the case of the completion of the transition of wartime operational control of the United States-Republic of Korea Combined Forces Command from United States-led command to Republic of Korea-led command, an assessment by the Secretary of Defense, in consultation with the Commander of the United States Forces Korea, the Commander of the United States Indo-Pacific Command, the Secretary of State, and the Director of National Intelligence that includes—
a description and characterization of the achievement of the Republic of Korea of the three required conditions set forth in the bilaterally approved conditions-based Operational Control Transition Plan;
a detailed description of the manner in which a Republic of Korea-led Combined Forces Command will report to national command authorities in the United States and the Republic of Korea;
a detailed description of the planned command relationship between a Republic of Korea-led Combined Forces Command and the United States-led United Nations Command;
a description of consultations with countries that have sent military contributions to the United Nations Command;
a description of the United States-Republic of Korea wartime operational control consultations with Japan, and an assessment of approaches for deconflicting military operations across the United States-Republic of Korea and the United States-Japan alliances;
an assessment of the impact of the transition of wartime operational control on the potential for nuclear proliferation in the Indo-Pacific region; and
an independent risk assessment by the Commander of the United States Forces Korea, the Commander of the United States Indo-Pacific Command, and the Chairman of the Joint Chiefs of Staff of—
the ability of the Republic of Korea to meet the conditions for the transition of wartime operational control from United States-led command to Republic of Korea-led command; and
the impact of such transition on the potential for nuclear proliferation in the Indo-Pacific region.
A certification described in subsection (b) shall be submitted in unclassified form.
An assessment described in subsection (c) shall be submitted in unclassified form but may include a classified annex.
In this section, the term appropriate committees of Congress means—
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the Secretary of Defense submits—
the multi-year plan to fulfill the defensive requirements of the military forces of Taiwan, also known as the Taiwan Security Assistance Roadmap, required by section 5506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (22 U.S.C. 3355);
the 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 required by section 1319 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 500);
the plan to reconstitute United States Forces Japan as a joint force headquarters required by section 1343 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159);
the plan for Department of Defense activities to strengthen United States extended deterrence commitments to the Republic of Korea required by section 1344 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159);
the plan to advance trilateral defense cooperation among the United States, Japan, and the Republic of Korea required by section 1345 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159);
the report on Department of Defense activities that would be necessary to support the potential establishment of a regional contingency stockpile for Taiwan required by the Joint Explanatory Statement accompanying the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159); and
the report on the adequacy of the logistics network in the Indo-Pacific region for supporting the operational and contingency plans of the United States Indo-Pacific Command required by the Joint Explanatory Statement accompanying the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159).
The Secretary of Defense, in coordination with the Secretary of State, shall establish and maintain a security cooperation initiative (referred to in this section as the Partnership) to strengthen cooperation among the defense industrial bases of the United States and allied and partner countries in the Indo-Pacific region.
The objectives of the Partnership shall be the following:
To enable the production and supply of the material necessary for equipping the Armed Forces of the United States and the military forces of allied and partner countries to achieve—
the objectives set forth in the most recent national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043);
the policy guidance of the Secretary of Defense provided pursuant to section 113(g) of title 10, United States Code; and
the future-years defense program submitted to Congress by the Secretary of Defense pursuant to section 221 of title 10, United States Code.
To strengthen the collective defense industrial base by expanding industrial base capability, capacity, and workforce, including with respect to enhanced supply chain security, interoperability, and resilience among participating countries.
To identify and mitigate industrial base vulnerabilities across partner countries.
To advance research and development activities to provide the Armed Forces of the United States and the military forces of allied and partner countries with systems capable of ensuring technological superiority over potential adversaries.
To promote co-development, co-production, and procurement collaboration in key defense sectors.
To promote defense innovation, improve information sharing, encourage standardization, reduce barriers to cooperation, and otherwise mitigate potential vulnerabilities and facilitate collaboration.
Any other matter the Secretary of Defense considers appropriate.
Not later than 180 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 at the Assistant Secretary level or above to lead relevant efforts of the Partnership, as determined by the Secretary.
Not later than 30 days after the date on which the Secretary of Defense makes or changes a designation under paragraph (1), the Secretary shall submit to the congressional defense committees a notification of such designation or change.
The Secretary of Defense, in coordination with the Secretary of State, shall establish a process to determine which allies and partners of the United States (including Australia, Japan, the Republic of Korea, India, the Philippines, and New Zealand) shall be invited to participate as member countries of the Partnership.
To carry out this section, the Secretary of Defense may do the following:
Enter into agreements and memoranda of understanding with appropriate counterparts from participating countries.
Establish working groups and technical exchanges.
Provide technical assistance and capacity-building support to partner countries using authorities available to the Secretary under title 10, United States Code.
Use funds authorized to be appropriated to the Department of Defense for international cooperation programs, industrial base resilience, or other relevant purposes.
Engage with industry, capital providers, academia, and any other stakeholders necessary to advance the objectives described in subsection (b).
Not later than March 1, 2027, and annually thereafter through 2031, the Secretary of Defense shall submit to the congressional defense committees a report on the status and progress of the Partnership.
Each report required by subparagraph (A) shall include the following:
An assessment of shared industrial base vulnerabilities.
An overview of efforts among participating countries to enhance supply chain integrity and resilience.
A description of any joint defense production or co-development initiative, including any such initiative involving sensitive or classified technologies.
An articulation of priority initiatives for the upcoming fiscal year.
Recommendations for legislative, regulatory, policy, or resourcing changes to achieve the objectives described in subsection (b).
Any other matter the Secretary of Defense considers appropriate.
Not later than December 1, 2026, and annually thereafter through 2030, the Secretary of Defense shall provide the congressional defense committees with a briefing on the progress made toward achieving the objectives described in subsection (b).
The authority under this section shall terminate on December 31, 2030.
Section 1323(b) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended—
in paragraph (1)—
by redesignating subparagraph (V) as subparagraph (W);
by inserting after subparagraph (U) the following new subparagraph (V):
Medical equipment, supplies, and related combat casualty care capabilities.
in subparagraph (W), as redesignated, by striking (U) and inserting (V); and
in paragraph (2)—
by redesignating subparagraph (J) as subparagraph (K);
by inserting after subparagraph (I) the following new subparagraph (J):
Medical equipment, supplies, and related combat casualty care capabilities.
in subparagraph (K), as redesignated, by striking (I) and inserting (J).
Not later than March 1, 2026, the Secretary of Defense, in coordination with the Secretary of State, shall seek to engage with appropriate officials of Taiwan in a joint program for the purpose of enabling the fielding of uncrewed systems and counter-uncrewed systems capabilities, including co-development and co-production of such capabilities, for the Armed Forces of the United States and the military forces of Taiwan, consistent with the Taiwan Relations Act (22 U.S.C. 3301 et seq.).
In carrying out a joint program under subsection (a), the Secretary of Defense may use the authorities under title 10, United States Code, and other applicable statutory authorities available to the Secretary.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter through 2029, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report on the joint program under subsection (a).
Each report required by paragraph (1) shall include, for the period covered by the report, the following:
A summary of engagements under subsection (a).
A description of activities undertaken by the Secretary of Defense and appropriate officials of Taiwan to enable the fielding of uncrewed systems and counter-uncrewed systems capabilities described in subsection (a).
A description of progress made in finalizing defense trade foundational agreements between the United States and Taiwan, including—
a memorandum of understanding on reciprocal defense procurement;
a security of supply agreement;
an acquisition and cross-servicing agreement;
a general security of military information agreement; and
a cyber maturity model certification.
An identification of the additional resources or authorities necessary to enable the fielding of uncrewed systems and counter-uncrewed systems capabilities described in subsection (a).
Any other matter the Secretary of Defense considers appropriate.
In this section, the term appropriate committees of Congress means—
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—
analyzes the critical digital infrastructure of Taiwan in the event of a military invasion or blockade by the People’s Republic of China; and
identifies potential Department of Defense actions that could help enable the protection of such infrastructure, consistent with the Taiwan Relations Act (Public Law 96–8; 93 Stat. 14).
The report required by subsection (a) shall include, at a minimum, the following:
A description of threats to the critical digital infrastructure of Taiwan in the event of a military invasion or blockade by the People's Republic of China.
A description of the critical digital infrastructure capabilities of Taiwan, including—
the type and amount of physical hardware available to support the transfer of large quantities of electronic data from Taiwan to a cloud-based system or a geographic location outside Taiwan; and
the availability of resilient satellite communications from low-Earth orbit constellations and any other necessary activity relating to such a transfer.
An identification of potential Department of Defense actions that could help enable the protection of the critical digital infrastructure of Taiwan in the event of a contingency, including—
the pre-positioning of digital hardware capabilities; and
acquisition of cloud-based services and radio frequency satellite communications.
Recommendations for any resources or authorities required to support the Department of Defense actions identified under paragraph (3).
Any other matter the Secretary considers appropriate.
The report required by subsection (a) shall take into account, at a minimum, the following:
Lessons learned from ongoing conflicts, especially the war in Ukraine.
The risks associated with making assumptions about the availability of commercial vendors in the event of a military invasion or blockade of Taiwan by the People’s Republic of China.
The report required by subsection (a) shall be submitted in classified form.
To support the development of the report required by subsection (a), the Secretary is encouraged to seek input from the following:
Civilian executives from commercial technology companies that provided support to Ukraine in its fight against the Russian Federation’s war of aggression.
Any other individual or agency of the Federal Government the Secretary considers appropriate.
Not later than 30 days after the date on which the Secretary submits the report required by subsection (a), the Secretary shall provide the congressional defense committees with a briefing on the contents of the report.
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 congressional defense committees a report outlining Department of Defense efforts to support Japan in the fielding of an operational counterstrike capability.
The report required by subsection (a) shall include, at a minimum, the following:
A description of the activities and objectives of the United States-Japan Roles, Missions, and Capabilities Working Group with respect to the fielding of an operational counterstrike capability by Japan.
A description of the operations, activities, and investments the Department is undertaking in collaboration with the Government of Japan, including—
a description of progress made by the United States and Japan in developing and deploying counterstrike capabilities, including in and across the First Island Chain;
a description of the counterstrike capabilities of Japan and a characterization of the potential for enhancement of such capabilities; and
a description of the impediments to fielding a strengthened alliance strike posture, including—
domestic legal constraints;
regulatory restrictions, including technology and foreign disclosure constraints;
industrial base-driven capacity limitations; and
political impediments;
an articulation of the planning assumptions underpinning the assigned and anticipated roles, missions, and capabilities of the respective counterstrike capabilities of the United States and Japan;
a description of the manner in which the United States and Japan will coordinate and deconflict counterstrike operations; and
an assessment of potential alliance posture changes that would support an enhanced alliance counterstrike capability, including in the First Island Chain.
A description of the command and control mechanisms and information-sharing requirements needed to enable coordination and deconfliction of allied counterstrike operations, including—
the adoption of enhanced security protocols to ensure secure networks;
the technical means needed to facilitate integrated planning for counterstrike operations; and
the sharing of targeting information.
An identification of challenges to the implementation of the operations, activities, and investments described in paragraph (2), and any recommended legislative changes, resourcing requirements, bilateral agreements, or other measures that would facilitate the implementation of such operations, activities, and investments.
The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
Not later than June 1, 2026, and annually thereafter through 2031, 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 the Philippines.
Each report required by subsection (a) shall include, at a minimum, the following:
An assessment of progress with respect to the implementation of the United States-Philippines Bilateral Defense Guidelines.
An organizational chart and overview of the functions of the alliance management bodies that report to the United States-Philippines Mutual Defense Board and Security Engagement Board.
A summary of the activities and outcomes of the Roles, Missions, and Capabilities Working Group.
An assessment of progress with respect to the bilateral Philippines—Security Sector Assistance Roadmap initiative, including a description of joint capability areas under such initiative.
A projected resourcing plan for the Philippines—Security Sector Assistance Roadmap initiative that includes the projected use of national funds of the Philippines, Foreign Military Sales, Foreign Military Financing, and Department of Defense International Security Cooperation Program account funds.
A description of the activities and investments the Department will implement during the five-year period beginning on the date on which the report is submitted for—
increased bilateral training, exercises, combined patrols, and other activities between the United States Armed Forces and the military forces of the Philippines;
enhancing multilateral security cooperation and capacity-building efforts among the Philippines, Japan, Australia, and other foreign partners; and
improving information-sharing mechanisms and processes, including by adoption of enhanced security protocols, under the General Security of Military Information Agreement between the United States and the Philippines, signed at Manila November 18, 2024.
A plan for improving the infrastructure at sites designated under the Agreement on Enhanced Defense Cooperation, signed at Quezon City April 28, 2014 (TIAS 14–625), including, for each such site—
an identification of priority facility investments at the site across the future-years defense program;
a timeline for completing area development plans for the site; and
an articulation of non-Department investments necessary to enable effective use of the site.
An articulation of requirements for pre-positioning of equipment and supplies in support of humanitarian assistance, disaster relief, and other bilateral activities.
A description of the current organization of the Joint United States Military Assistance Group—Philippines, and an analysis of the feasibility and advisability of modifying United States command structures in the Philippines to more effectively—
coordinate United States military activities and operations; and
facilitate integrated planning and implementation of combined activities.
An identification of challenges to the implementation of the activities and investments described in paragraphs (1) through (9), and any recommended legislative changes, resourcing requirements, bilateral agreements, or other measures that would facilitate the implementation of such activities and investments.
Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
In this section, the term appropriate committees of Congress means—
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) is amended—
by redesignating paragraph (5) as paragraph (6); and
by inserting after paragraph (4) the following new paragraph (5):
The military and security strategy of the People’s Republic of China on the Tibetan Plateau, including with respect to risks posed by political and regional conflicts, resource control and water-related resource conflicts, and infrastructure development.
The Secretary of Defense shall seek to establish a partnership between the Defense Innovation Unit of the Department of Defense and appropriate counterparts of Taiwan—
to enhance market opportunities for United States-based and Taiwan-based defense technology companies;
to bolster Taiwan’s defense industrial base;
to harmonize global security posture through emerging technology;
to counter the development, by the Chinese Communist Party and adversarial proxy groups aligned with the Chinese Communist Party, of dual-use defense technologies; and
in coordination with appropriate counterpart offices of the Ministry of National Defense of Taiwan—
to enable coordination on defense industrial priorities;
to streamline emerging defense technology research and development;
to establish, for defense technology startups, more pathways to market; and
to collaborate on the coordinated development of dual-use defense capabilities, such as the following:
Drones.
Microchips.
Directed energy weapons.
Artificial intelligence.
Missile technology.
Intelligence, surveillance, and reconnaissance technology.
The Secretary of Defense is strongly encouraged to invite the naval forces of Taiwan to participate, as appropriate, in any Rim of the Pacific exercise that is to take place after the date of the enactment of this Act.
In the event a decision is made not to invite the naval forces of Taiwan to participate in any Rim of the Pacific exercise described in subsection (a), not later than 30 days after the date on which such decision is made, the Secretary shall submit to the congressional defense committees a written justification for such decision.
Section 1314(c) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended by striking December 31, 2027 and inserting December 31, 2030.
Section 1260H(b)(3) 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 striking The Secretary and inserting the following:
The Secretary
by adding at the end the following new subparagraph:
The Secretary shall review, for inclusion in each annual revision under subparagraph (A) of the list required by paragraph (1), each entity added, during the year preceding preparation of the revision of the list, to any other list maintained by the United States Government of Chinese entities subject to restrictions or scrutiny relating to concerns about their activities or affiliations.
Section 1260H(g)(2)(B)(i)(I) 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 to read as follows:
directly or indirectly owned by, controlled by, or beneficially owned by, affiliated with, or in an official or unofficial capacity acting as an agent of or on behalf of, the People’s Liberation Army, Chinese military and paramilitary elements, security forces, police, law enforcement, border control, the People’s Armed Police, the Ministry of State Security (MSS), or any other organization subordinate to the Central Military Commission of the Chinese Communist Party, the Chinese Ministry of Industry and Information Technology (MIIT), the State-Owned Assets Supervision and Administration Commission of the State Council (SASAC), or the State Administration of Science, Technology, and Industry for National Defense (SASTIND) operating inside or outside of China; or
The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act.
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—
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 capabilities, upgrading commd and control relationships, fostering interoperability across all domains, and improving sharing of information and intelligence;
reinforcing the United States alliance with the Republic of Korea, including by maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the Republic of Korea, enhancing mutual defense base cooperation, and affirming the United States extended deterrence commitment using the full range of United States defense capabilities, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, signed at Washington, October 1, 1953, in support of the shared objective of a peaceful and stable Korean Peninsula;
fostering bilateral and multilateral cooperation with Australia, consistent with the Security Treaty Between Australia, New Zealand, and the United States of America, signed at San Francisco, September, 1951, and through the partnership among Australia, the United Kingdom, and United States (commonly known as AUKUS )—
to advance shared security objectives;
to accelerate the fielding of advanced military capabilities; and
to build the capacity of emerging partners;
advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, leverage technology and promote innovation, and support an open, inclusive, and rules-based regional architecture;
broadening United States engagement with India, including through the Quadrilateral Security Dialogue—
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
to enable greater cooperation on maritime security;
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 defensive capabilities and promoting peaceful cross-strait relations;
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 United States Armed Forces, including through participation in combined exercises and training;
engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and 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;
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; and
investing in enhanced military posture and capabilities in the area of responsibility of the United States Indo-Pacific Command and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region.
The Secretary of Defense shall continue to seek to cooperate with allies and partners in the Middle East with respect to implementing an integrated air and missile defense architecture to protect the people, infrastructure, and territory of such allies and partners from cruise and ballistic missiles, manned and unmanned aerial systems, and rocket attacks from Iran and groups linked to Iran.
Not later than May 31, 2026, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report on further implementation of an integrated air and missile defense architecture in the area of responsibility of the United States Central Command.
The report required by paragraph (1) shall include the following:
An assessment of the threat to allies and partners within the area of responsibility of the United States Central Command posed by ballistic and cruise missiles, manned and unmanned aerial systems, and rocket attacks launched from Iran and by groups linked to Iran.
A description of—
the missile defense priorities and capability needs of the United States Central Command with respect to defense against the threats described in subparagraph (A); and
the planned regional missile defense architectures derived from such priorities and capability needs.
An analysis of current integrated air and missile defense systems within the area of responsibility of the United States Central Command to defend against threats described in subparagraph (A) and to meet the priorities identified under subparagraph (B).
A description of the progress made toward addressing challenges identified in the strategy required by section 1658(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2951) and toward meeting benchmarks set forth in such strategy.
With respect to the defensive operations against aerial threats since October 7, 2023, the following:
With respect to countering the April 13, 2024, and October 1, 2024, ballistic missile and drone attacks by Iran against Israel—
lessons learned with respect to the adequacy of data-sharing agreements in facilitating effective joint responses, and recommendations for further improvements to such agreements;
a comparative analysis of the performance of systems operated by the United States and the performance of systems operated by Israel in intercepting missiles and unmanned aerial systems launched by Iran during the attacks;
an assessment of the extent to which a defense provided to other United States regional partners if attacked by Iran would be similarly effective, and an identification of changes necessary to address deficiencies; and
an evaluation of the extent to which the strategy required by section 1658(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2951) contributed to the defensive operations described in this clause.
Lessons learned with respect to countering projectiles launched by the Houthis in Yemen against maritime targets in the area of responsibility of the United States Central Command.
Any other such defensive operation the Secretary of Defense considers appropriate.
Any other matter the Secretary of Defense considers appropriate.
The report submitted under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
Any activity carried out under this subsection shall be conducted in a manner that is consistent with protection of intelligence sources and methods and appropriately protects sensitive information and the national security interests of the United States.
Section 873 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 350; 10 U.S.C. 301 note) is amended—
in subsection (a)—
in the subsection heading, by striking Pilot program for; and
by striking may and inserting shall; and
by striking subsection (f).
The Secretary of Defense, pursuant to existing authorities, shall seek to provide assistance, including training, equipment, logistics support, supplies, and services, to the Government of Jordan and the Government of Lebanon for the purpose of supporting and enhancing efforts of the military forces of Jordan and the military forces of Lebanon to ensure the territorial security of Jordan and Lebanon.
Not later than December 31, 2025, the Secretary of Defense, in coordination with the Commander of the United States Central Command, and in consultation with the Secretary of State, shall submit to the congressional defense committees a report that describes the plan of the Department of Defense to provide assistance under subsection (a).
The required plan shall, at a minimum, include the following elements:
A description of the available authorities to provide assistance described in subsection (a) to the Government of Jordan and the Government of Lebanon.
A description of the objectives of assistance described in subsection (a), including specific capabilities that such assistance seeks to enhance and the recipient units of the military forces of Jordan and Lebanon for such assistance.
An identification of any opportunities to transfer military equipment, including aircraft and unmanned systems, from existing inventory of the Department of Defense to bolster the capabilities of the military forces of Jordan.
Any other matters deemed relevant by the Secretary.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish and charter, within the Office of the Under Secretary of Defense for Acquisition and Sustainment, a Joint Program Office for Non-Programs of Record (referred to in this section as the Joint Program Office) to support the acquisition of specified non-program of record systems by approved foreign partners and allies.
The Joint Program Office shall be led by a senior executive or military flag officer of the Office of the Under Secretary of Defense for Acquisition and Sustainment, who shall have a deputy from the Defense Security Cooperation Agency.
The staff of the Joint Program Office shall include detailees from the international program offices of the military departments, the Defense Security Cooperation Agency, and the Defense Technology Security Administration.
The Joint Program Office shall be responsible for the following:
Coordinating with allies and partners to identify and procure non-program of record capabilities.
Facilitating discussions between industry and foreign partners on new non-program-of-record capabilities.
Liaising with combatant commands to identify new specified non-program of record systems aligned with the strategic priorities of the combatant commands for theater security cooperation.
Promoting capabilities with foreign partners that align with priority capabilities for the combatant commands.
Coordinating with, and as necessary, providing additional support to, the international program offices of the military departments to expedite delivery of capabilities to foreign partners and allies.
Coordinating internal Department of Defense approval processes to expedite the delivery of non-program of record capabilities.
Not later than 30 days after the establishment of the Joint Program Office, the Secretary shall provide the Committees on Armed Services of the Senate and the House of Representatives with a briefing on the charter, responsibilities, resources, and plan of activities for the Joint Program Office for the subsequent fiscal year.
In this section, the term specified non-program of record system means a record system that does not exist formally as a program of record within the Department of Defense, including—
an international or civil variant of a program of record with nonstandard configurations, or a type 1 non-program of record system;
a prior program of record that is no longer supported in United States inventory, or a type 2 non-program of record system;
a program consisting of commercially developed munitions items, or a type 3 non-program of record system;
a program consisting of commercially developed dual-use items, or a type 4 non-program of record system;
a program consisting of commercially developed dual-use items combined with program of record elements, or a type 5 non-program of record system; and
a program consisting of commercially developed dual-use items with military end-use, or a type 6 non-program of record system.
Section 1279 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is amended—
in subsection (b)(4), by striking $50,000,000 and inserting $80,000,000; and
in subsection (f), by striking December 31, 2026 and inserting December 31, 2028.
Section 1278 of the National Defense Authorization Act for Fiscal Year 2020 (22 U.S.C. 8606 note) is amended—
in subsection (b)(4), by striking $55,000,000 and inserting $75,000,000; and
in subsection (f), by striking December 31, 2026 and inserting December 31, 2028.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue updated guidance, in accordance with section 382 of title 10, United States Code, to streamline and align the roles, responsibilities, and authorities, and improve transparency, relating to Department of Defense processes for international arms transfers, including Foreign Military Sales.
The updated guidance required by subsection (a) shall do the following:
Streamline the roles and responsibilities relating to Department processes for international arms transfers (including the Foreign Military Sales and technology security and foreign disclosure processes) so as to ensure effective implementation of such roles and responsibilities among the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, the Defense Security Cooperation Agency, the Defense Technology Security Administration, and the military departments.
Designate a lead official, to be known as the Data Czar, who, in coordination with the Chief Digital and Artificial Intelligence Officer of the Department of Defense, shall be responsible for collecting, tracking, coordinating, and sharing data and information on Foreign Military Sales cases for the purposes of—
facilitating transparency across the Department of Defense international cooperation enterprise (including industry and international partners within such enterprise and components and subcomponents of the Department); and
sharing information on Foreign Military Sales case development, execution, contracting, and implementation processes.
Develop a framework to facilitate the use of the Foreign Military Sales process to deliver defense articles and services to allies and partners through programs other than a program of record.
Set forth Foreign Military Sales-specific guidance that—
identifies security cooperation priorities;
aligns with the United States Conventional Arms Transfer Policy described in National Security Presidential Memorandum/NSM-10, dated April 19, 2018;
is informed by priorities identified in the National Defense Strategy, Department planning guidance, and theater campaign plans; and
takes into consideration—
the risk factors for arms transfers identified in the Arms Export Control Act (22 U.S.C. 2751 et seq.); and
the industrial capacity for production.
Not later than 30 days after the issuance of the updated guidance required by subsection (a), the Secretary shall provide the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives with a briefing on the development and implementation of such guidance that describes the manner in which the procedures set forth in the guidance will streamline, and enhance the transparency of, international cooperation processes of the Department.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall disseminate the Foreign Miliary Sales-specific guidance described in subsection (a)(4) to each member of the Department of Defense international cooperation enterprise.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the National Disclosure Policy Committee (in this section referred to as the Committee) shall develop and submit to Congress a framework for revising and updating the National Disclosure Policy (NDP–1).
The framework developed pursuant to subsection (a) shall include the following:
A comprehensive assessment of emerging and advanced defense items, including artificial intelligence, directed energy, microwave systems, counter-unmanned aerial systems, missile defense, machine learning, cybersecurity, quantum technologies, hypersonic, and autonomous systems, and necessary updates to NDP–1 to enable the transfer and sharing of this technology with United States allies and partners.
Guidelines for balancing national security considerations with the need to share critical information and technology with allies and partners to enhance interoperability and collective security.
Recommendations for updating the NDP–1 to help bolster the defense industrial base and accommodate the use of emerging and advanced defense items in multi-domain operations, joint military exercises, and allied operational requirements.
Mechanisms to accelerate the approval process for disclosures, ensuring timely and effective information sharing.
Not later than one year after the first submittal of the framework to Congress pursuant to subsection (a) and on an annual recurring basis thereafter, the Committee shall implement revisions to the National Disclosure Policy based on the recommendations and any future recommendation based upon the stakeholder engagement in subsection (c) contained in the framework.
Revisions implemented pursuant to paragraph (1) shall—
include specific provisions addressing the secure disclosure of emerging and advanced technologies to allies and partners of the United States;
establish metrics to evaluate the effectiveness of the updated policy in enhancing security, interoperability, and interchangeability; and
establish a mechanism to ensure that the stakeholder engagement required by subsection (c) informs revisions.
In carrying out subsections (a), (b), and (c), the Committee shall, not less frequently than once every 6 months, consult with the following:
Representatives of such governments that are allies or partners of the United States as the Committee considers appropriate, to gather input on enhancing interoperability, interchangeability, and collaborative security measures.
Such representatives from the defense industry as the Committee considers appropriate, including representatives from nontraditional defense contractors (as defined by section 3014 of title 10, United States Code).
The Under Secretary of Defense for Policy, in coordination with the Director of the Defense Technology Security Administration, shall submit with the budget submission each year a report to Congress detailing—
progress made in implementing the updated NDP–1;
challenges encountered and actions taken to address them;
recommendations for further updates or legislative actions to enhance the policy;
a description of the roles and missions of the committees and subcommittees of the Department of Defense’s Technology Security and Foreign Disclosure enterprise and a detailed explanation of how these bodies report back to the Arms Transfer and Technology Release Senior Steering Group; and
an explanation of negative determinations of technology.
If necessary, the annual report shall include a classified annex to address sensitive national security information.
The submission shall include a publicly releasable annex to be made available upon submission of the report to Congress.
The Secretary of Defense shall, consistent with the requirements of section 384 of title 10, United States Code, seek to ensure that—
members of the defense acquisition workforce involved in the foreign military sales process—
are aware of evolving United States regional and country-level defense capability-building priorities; and
coordinate with the security cooperation workforce to enhance responsiveness to foreign partner requests and capability-building priorities; and
members of the defense acquisition workforce are professionally evaluated using metrics to measure—
adherence to meeting the foreign capability requirements identified in Department of Defense strategy documents;
responsiveness to foreign partner requests;
ability to meet foreign partner capability and delivery schedule requirements; and
advancement of foreign capability-building priorities described in the guidance updated under subsection (b).
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update, as necessary, Department of Defense guidance governing the execution of foreign military sales by the Department to ensure that such guidance—
incorporates priorities of the National Security Strategy and the National Defense Strategy associated with foreign partner contributions;
is informed by the theater campaign plans and theater security cooperation strategies of the combatant commands;
incorporates timeline prioritization of purchasers with a special designation; and
is disseminated to the security cooperation workforce and the defense acquisition workforce.
The updated guidance required by paragraph (1) shall—
identify—
regional and country-level foreign defense capability-building priorities; and
levels of urgency and desired timelines for achieving foreign capability-building objectives; and
provide guidance to the defense acquisition workforce regarding levels of resourcing, innovation, and risk tolerance that should be considered in meeting urgent needs.
In this subsection, the term purchaser with a special designation means Israel, Japan, the Republic of Korea, New Zealand, the Philippines, Thailand, Taiwan, member countries of the North Atlantic Treaty Organization, major defense partners, major security partners, and eligible purchasers that are members of the national technology and industrial base.
Section 1210(b) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended to read as follows:
The Secretary of Defense shall establish a Foreign Military Sales Continuous Process Improvement Board (in this section referred to as the Board) to serve as an enduring governance structure within the Department of Defense that reports to the Secretary on matters relating to the foreign military sales process so as to enhance accountability and continuous improvement within the Department, including the objectives of—
improving the understanding, among officials of the Department, of ally and partner requirements;
enabling efficient reviews for release of technology;
providing ally and partner countries with relevant priority equipment;
accelerating acquisition and contracting support;
expanding the capacity of the defense industrial base;
working with other departments and agencies to promote broad United States Government support; and
any other matters determined by the Secretary to be relevant to the Board.
The Board shall be composed of not fewer than 7 members, each of whom shall have expertise in security cooperation, security assistance, defense acquisition, business process reform, or any disciplines the Secretary determines to be important to the functioning of the Board.
Of the members of the Board, 3 such members shall be individuals who are not—
officers or employees of the Department of Defense;
members of the United States Armed Forces; or
registered as a foreign agent or registered lobbyists.
Each member of the Board described in this subparagraph shall be appropriately cleared for security risks.
The Board shall not be subject to chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act).
This subsection shall terminate on December 31, 2030.
In this section:
The term defense acquisition workforce means the Department of Defense acquisition workforce described in chapter 87 of title 10, United States Code.
The term security cooperation workforce has the meaning given the term in section 384 of title 10, United States Code.
With respect to foreign military sales to Israel, Japan, the Republic of Korea, the Philippines, Taiwan, member countries of the North Atlantic Treaty Organization, major defense partners, and eligible purchasers that are members of the national technology and industrial base, the Secretary of Defense may assign a Defense Priorities and Allocations System order rating.
With respect to purchasers with a special designation, the Secretary of Defense shall establish a requirement that, in developing letters of offer and acceptance, the acquisition program office of each military department shall develop, at program inception—
an acquisition strategy that documents the standard acquisition path; and
an acquisition strategy that documents the fastest acquisition path.
In developing each acquisition strategy required by subparagraphs (A) and (B) of paragraph (1), the acquisition program office of the military department concerned shall—
measure, and justify with respect to the urgency of delivering a capability in full or in phases, the associated risk, risk mitigation, and risk cost;
in the case of a sole-source program that is not a program of record, transparently consult with the prime contractor to seek consensus on cost and schedule; and
provide, in coordination with the appropriate regional directorate of the Office of the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, to the acquisition leadership of such military department a briefing on the results of the measurements under subparagraph (A) and the consultation under subparagraph (B).
Not later than 30 days after the date of a briefing under paragraph (2)(C), the acquisition leadership of the military department concerned shall issue a decision with respect to the acquisition strategy selected.
The Secretary of Defense shall ensure that, in the development of acquisition strategies for purchasers with a special designation under subsection (a), the purchaser with a special designation is provided an opportunity to provide input with respect to risk tolerance.
In carrying out paragraph (1), the Secretary of Defense shall ensure that a purchaser with a special designation is briefed on risks identified, alternate approaches that may be taken, and the schedule, cost, and capability tradeoffs associated with such alternate approaches.
Purchaser input gathered under this paragraph shall be included in the briefing required by subsection (a)(2)(C) and appropriately weighed in making a final decision with respect to the appropriate acquisition approach.
A United States prime contractor may enter into a covered agreement with a manufacturer to begin the process of acquiring long-lead Government-furnished equipment, including sensitive and closely controlled items such as communications security devices, military grade GPS, and anti-spoofing devices, on forecast prior to the execution of a signed commercial contract or issuance of a letter of offer and acceptance.
In this subsection, the term covered agreement means an agreement between a United States prime contractor and a manufacturer pursuant to which—
the prime contractor, in anticipation of a foreign military sale, contracts for the production by the manufacturer of one or more articles that will be supplied to the prime contractor as government-furnished equipment prior to execution of a signed commercial contract or issuance of a letter of offer and acceptance in connection with such sale;
the parties agree to the allocation of risks, obligations, profits, and costs in the event the anticipated foreign military sale does not occur, including whether the articles manufactured under the agreement are retained by the manufacturer for eventual supply to the prime contractor or a third party in connection with a future foreign military sale or other transaction; and
the United States Government assumes no liability with respect to either party in the event the anticipated foreign military sale does not occur.
The Secretary of Defense shall implement policies, and ensure that the head of each military department implements policies, that allow United States prime contractors to enter into covered agreements with manufacturers of Government-furnished equipment.
The policies required by subparagraph (A) shall require that—
United States prime contractors shall be responsible for—
negotiating directly with the manufacturer of Government-furnished equipment, including with respect to the terms and conditions described in paragraph (2)(B); and
providing any payment to such manufacturer; and
transfer of Government-furnished equipment from such manufacturer to the primary contractor shall not occur until the date on which a letter of offer and acceptance or commercial contract is produced.
Nothing in this subsection shall be construed as authorizing, requiring, or providing for the United States Government to assume any liability or other financial responsibility with respect to a covered agreement.
In this section, the term purchaser with a special designation means Israel, Japan, the Republic of Korea, New Zealand, the Philippines, Thailand, Taiwan, member countries of the North Atlantic Treaty Organization, major defense partners, major security partners, and eligible purchasers that are members of the national technology and industrial base.
The Department of Defense regional center for security studies known as the Africa Center for Strategic Studies is hereby redesignated as the James M. Inhofe Center for Africa Security Studies.
Section 342(b)(2)(D) of title 10, United States Code, is amended by striking Africa Center for Strategic Studies and inserting James M. Inhofe Center for Africa Security Studies.
Section 2611(a)(2)(D) of title 10, United States Code, is amended by striking Africa Center for Strategic Studies and inserting James M. Inhofe Center for Africa Security Studies.
Section 1270A(b)(1) of the Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020 (22 U.S.C. 10010(b)(1)) is amended by striking Africa Center for Strategic Studies and inserting James M. Inhofe Center for Africa Security Studies.
Any reference to the Department of Defense Africa Center for Strategic Studies in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the James M. Inhofe Center for Africa Security Studies.
Not later than January 1, 2027, the Secretary of Defense shall establish a program using the authority provided under section 2103(b) of title 10, United States Code, to promote the participation of foreign students in the Senior Reserve Officers' Training Corps (in this section referred to as the Program).
The Secretary of Defense, in consultation with the Director of the Defense Security Cooperation Agency, the Secretaries of the military departments, the commanders of the combatant commands, the participant institutions in the Senior Reserve Officers' Training Corps program, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program.
The objective of the Program is to promote the readiness and interoperability of the United States Armed Forces and the military forces of partner countries by providing a high-quality, cost effective military-based educational experience for foreign students in furtherance of the military-to-military program objectives of the Department of Defense and to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders.
Under the Program, the Secretary of Defense shall—
identify to the military services’ Senior Reserve Officers' Training Corps program the foreign students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the Program;
coordinate with partner countries to evaluate interest in and promote awareness of the Program;
establish a mechanism for tracking an alumni network of foreign students who participate in the Program; and
to the extent practicable, work with the participant institutions in the Senior Reserve Officers' Training Corps program and partner countries to identify academic institutions and programs that—
have specialized academic programs in areas of study or interest to participating countries; or
have high participation from or significant diaspora populations from participating countries.
Not later than September 30, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a strategy for the implementation of the Program.
The strategy required by paragraph (1) shall include the following elements:
A governance structure for the Program, including—
the officials tasked to oversee the Program;
the format of the governing body of the Program;
the functions and duties of such governing body with respect to establishing and maintaining the Program; and
mechanisms for coordinating with partner countries whose students are selected to participate in the Program.
A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program.
A description of targeted partner countries and participant institutions in the Senior Reserve Officers’ Training Corps for the first three fiscal years of the Program, including a rationale for selecting such initial partners.
A description of opportunities and potential timelines for future Program expansion, as appropriate.
A description of the mechanism for tracking the alumni network of participants of the Program.
Any other information the Secretary of Defense considers appropriate.
Not later than September 20, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the Program.
Each report required by paragraph (1) shall include the following elements:
A narrative summary of activities conducted as part of the Program during the preceding fiscal year.
An overview of participant Senior Reserve Officers’ Training Corps programs, individuals, and countries, to include a description of the areas of study entered into by the students participating in the Program.
A description of opportunities and potential timelines for future Program expansion, as appropriate.
Any other information the Secretary of Defense considers appropriate.
The Secretary of Defense may not use the authority provided under this section to pay for tuition or room and board for foreign students who participate in the Program.
The Program shall terminate on December 31, 2031.
Section 408(a) of title 10, United States Code, is amended by inserting , and procure goods and services from, after assistance to.
Not later than 180 days after the date of the enactment of this Act, 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 with a strategy for United States security assistance to Mexico.
The strategy required under subsection (a) shall include the following elements:
A detailed plan for how United States security assistance will—
dismantle transnational criminal networks that traffic illicit drugs, including fentanyl, into the United States and profit from other criminal activities, including pervasive human trafficking and human smuggling, weapons trafficking, cybercrimes, money laundering, and the importation of precursor chemicals to mass-produce illicit drugs;
increase the capacity of Mexico’s military and public security institutions to improve security at Mexico’s northern and southern borders and degrade transnational criminal organizations; and
enhance the institutional capacity of civilian law enforcement, prosecutors, and courts to strengthen rule of law, redress public corruption related to the activities and influence of transnational criminal organizations, and combat impunity.
A detailed summary of activities to implement the plan described in paragraph (1), including a list of implementing government entities and nongovernmental organizations.
A detailed summary of priorities, milestones, and performance measures to monitor and evaluate results of the strategy.
The report required under subsection (a) shall include an overview of bilateral cooperation mechanisms and engagements between the United States Government and the Government of Mexico, such as diplomatic engagements, security assistance programs, technical assistance, and other forms of cooperation that advance the priorities described in subsection (b).
The report and strategy required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Not later than 1 year after the submission of the report and strategy required under subsection (a), and annually thereafter, the Secretary of State shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a briefing on the implementation of the strategy.
Nothing in this section may be construed as an authorization for the use of military force against Mexico or any entity within Mexico.
This section may be cited as the Abducted Ukrainian Children Recovery and Accountability Act.
Congress finds the following:
According to a White House press release, dated March 25, 2025, The United States and Ukraine agreed that the United States remains committed to helping achieve the exchange of prisoners of war, the release of civilian detainees, and the return of forcibly transferred Ukrainian children..
To implement the commitment referred to in paragraph (1), the United States Government requires an organized and resourced policy approach to assist Ukraine with—
investigations of Russia’s abduction of Ukrainian children;
the rehabilitation and reintegration of children returned to Ukraine; and
justice and accountability for perpetrators of the abductions.
The Department of Justice and the Department of State are authorized—
to provide law enforcement and intelligence technical assistance, training, capacity building, and advisory support to the Government of Ukraine in support of the commitment described in subsection (b)(1); and
to advance the objectives described in subsection (b)(2).
The law enforcement and intelligence technical assistance authorized under paragraph (1)(A) may include—
training regarding the utilization of biometric identification technologies in abduction and trafficking in persons investigations;
assistance with respect to collecting and analyzing open source intelligence information;
assistance in the development and use of secure communications technologies; and
assistance with respect to managing and securing relevant databases.
Not later than 30 days after the determination to provide assistance in any category identified in this subsection, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—
the amount of assistance determined to be obligated;
the type of assistance to be utilized; and
any information on the technology operationalized to support the means identified in this subsection.
The Department of Justice and the Department of State may coordinate with, and provide grants to, nongovernmental organizations to carry out the assistance authorized under subsection (c).
The National Security Council may coordinate with appropriate representatives from the Department of Justice, the Department of State, the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), and other Federal agencies, as needed, to carry out the assistance authorized under subsection (c).
The Secretary of State is authorized to provide support to the Government of Ukraine and nongovernmental organizations and local civil society groups in Ukraine for the purpose of providing Ukrainian children (including teenagers) who have been abducted, forcibly transferred, or held against their will by the Russian Federation with—
medical and psychological rehabilitation services;
family reunification and support services; and
services in support of the reintegration of such children into Ukrainian society, including case management, legal aid, and educational screening and placement.
Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes all current or planned foreign assistance programs that will provide the assistance authorized under paragraph (1).
The Department of State is authorized to support the Atrocity Crimes Advisory Group for Ukraine by providing technical assistance, capacity building, and advisory support to the Government of Ukraine’s Office of the Prosecutor General, and other relevant components of the Government of Ukraine, for the purpose of investigating and prosecuting cases involving abducted children, and other atrocity crimes.
The Department of Justice is authorized to provide technical assistance, capacity building, and advisory support to the Government of Ukraine through its Office of Overseas Prosecutorial Development, Assistance, and Training, which shall be coordinated by the Resident Legal Adviser at the United States Embassy in Kyiv, for the purpose of investigating and prosecuting cases involving abducted children, and other atrocity crimes.
Not later than 60 days after the date of the enactment of this Act—
the Secretary of State, in coordination with the Attorney General, shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that describes current and planned United States Government support for the Government of Ukraine’s work to investigate and prosecute atrocity crimes; and
the Secretary of State, in coordination with the Secretary of the Treasury, shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Financial Services of the House of Representatives that outlines—
any discrepancies between the sanctions regimes of the United States, the United Kingdom, and the European Union with respect to those responsible for the abduction of Ukrainian children; and
efforts made by the United States Government to better align such sanction regimes.
This subtitle may be cited as the Western Balkans Democracy and Prosperity Act.
Congress finds the following:
The Western Balkans countries (the Republic of Albania, Bosnia and Herzegovina, the Republic of Kosovo, Montenegro, the Republic of North Macedonia and the Republic of Serbia) form a pluralistic, multi-ethnic region in the heart of Europe that is critical to the peace, stability, and prosperity of that continent.
Continued peace, stability, and prosperity in the Western Balkans is directly tied to the opportunities for democratic and economic advancement available to the citizens and residents of those six countries.
It is in the mutual interest of the United States and the countries of the Western Balkans to promote stable and sustainable economic growth and development in the region.
The reforms and integration with the European Union pursued by countries in the Western Balkans have led to significant democratic and economic progress in the region.
Despite economic progress, rates of poverty and unemployment in the Western Balkans remain higher than in neighboring European Union countries.
Out-migration, particularly of youth, is affecting demographics in each Western Balkans country, resulting in population decline in all six countries.
Implementing critical economic and governance reforms could help enable investment and employment opportunities in the Western Balkans, especially for youth, and can provide powerful tools for economic development and for encouraging broader participation in a political process that increases prosperity for all.
Existing regional economic efforts, such as the Common Regional Market, the Berlin Process, and the Open Balkan Initiative, could have the potential to improve the economic conditions in the Western Balkans, while promoting inclusion and transparency.
The Department of Commerce, through its Foreign Commercial Service, plays an important role in promoting and facilitating opportunities for United States investment.
Corruption, including among key political leaders, continues to plague the Western Balkans and represents one of the greatest impediments to further economic and political development in the region.
Disinformation campaigns targeting the Western Balkans undermine the credibility of its democratic institutions, including the integrity of its elections.
Vulnerability to cyberattacks or attacks on information and communication technology infrastructure increases risks to the functioning of government and the delivery of public services.
United States Cyber Command, the Department of State, and other Federal agencies play a critical role in defending the national security interests of the United States, including by deploying cyber hunt forward teams at the request of partner nations to reinforce their cyber defenses.
Securing domestic and international cyber networks and ICT infrastructure is a national security priority for the United States, which is exemplified by offices and programs across the Federal Government that support cybersecurity.
Corruption and disinformation proliferate in political environments marked by autocratic control or partisan conflict.
Dependence on Russian sources of fossil fuels and natural gas for the countries of the Western Balkans ties their economies and politics to the Russian Federation and inhibits their aspirations for European integration.
Reducing the reliance of the Western Balkans on Russian natural gas supplies and fossil fuels is in the national interest of the United States.
The growing influence of China in the Western Balkans could also have a deleterious impact on strategic competition, democracy, and economic integration with Europe.
In March 2022, President Biden launched the European Democratic Resilience Initiative to bolster democratic resilience, advance anti-corruption efforts, and defend human rights in Ukraine and its neighbors in response to Russia’s war of aggression.
The parliamentary and local elections held in Serbia on December 17, 2023, and their immediate aftermath are cause for deep concern about the state of Serbia’s democracy, including due to the final report of the Organization for Security and Co-operation in Europe's Office for Democratic Institutions and Human Rights, which—
found unjust conditions for the election;
found numerous procedural deficiencies, including inconsistent application of safeguards during voting and counting, frequent instances of overcrowding, breaches in secrecy of the vote, and numerous instances of group voting; and
asserted that voting must be repeated in certain polling stations.
The Organization for Security and Co-operation in Europe also noted that Serbian officials accused primarily peaceful protestors, opposition parties, and civil society of attempting to destabilize the government, a concerning allegation that threatens the safety of important elements of Serbian society.
Democratic countries whose values are in alignment with the United States make for stronger and more durable partnerships.
It is a sense of Congress that the United States should—
encourage increased business links and investment between the United States and allies and partners in the Western Balkans;
expand United States assistance to regional integration efforts in the Western Balkans;
strengthen and expand regional economic integration in the Western Balkans, especially enterprises owned by and employing women and youth;
work with allies and partners committed to improving the rule of law, energy resource diversification, democratic and economic reform, and the reduction of poverty in the Western Balkans;
increase United States business links and investment with the Western Balkans, particularly in ways that support countries' efforts—
to decrease dependence on Russian energy sources and fossil fuels;
to increase energy diversification, efficiency, and conservation; and
to facilitate the transition to cleaner and more reliable sources of energy, including renewables, as appropriate;
continue to assist in the development, within the Western Balkans, of—
strong civil societies;
public-private partnerships;
independent media;
transparent, accountable, citizen-responsive governance, including equal representation for women, youth, and persons with disabilities;
political stability; and
modern, free-market based economies.
support the accession of those Western Balkans countries that are not already members to the European Union and to the North Atlantic Treaty Organization (referred to in this section as NATO) for countries that—
desire membership;
are eligible for membership,
are supported by all allies to proceed with an invitation for such membership; and
are in a position to further the principles of the North Atlantic Treaty and meaningfully contribute to the collective security of NATO;
support—
maintaining the full European Union Force (EUFOR) mandate in Bosnia and Herzegovina as being in the national security interests of the United States; and
encouraging NATO and the European Union to review their mission mandates and posture in Bosnia and Herzegovina to ensure they are playing a proactive role in establishing a safe and secure environment, particularly in the realm of defense;
acknowledge the European Union membership aspirations of Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro, and Serbia and support those countries to meet the benchmarks required for their accession;
continue to support the cultural heritage, and recognize the languages, of the Western Balkans;
coordinate closely with the European Union, the United Kingdom, and other allies and partners on sanctions designations in Western Balkans countries and work to align efforts as much as possible to demonstrate a clear commitment to upholding democratic values;
expand bilateral security cooperation with non-NATO member Western Balkans countries, particularly efforts focused on regional integration and cooperation, including through the Adriatic Charter, which was launched at Tirana on May 2, 2003;
increase efforts to combat Russian malign influence campaigns and any other destabilizing or disruptive activities targeting the Western Balkans through engagement with government institutions, political stakeholders, journalists, civil society organizations, and industry leaders;
develop a series of cyber resilience standards, consistent with the Enhanced Cyber Defence Policy and Readiness Action Plan endorsed at the 2014 Wales Summit of the North Atlantic Treaty Organization to expand cooperation with partners and allies, including in the Western Balkans, on cyber security and ICT infrastructure;
articulate clearly and unambiguously the United States commitment to supporting democratic values and respect for international law as the sole path forward for the countries of the Western Balkans; and
prioritize partnerships and programming with Western Balkan countries that demonstrate commitment toward strengthening their democracies and show respect for human rights.
In this subtitle:
The term appropriate committees of Congress means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Appropriations of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
The term ICT means information and communication technology.
The term Western Balkans means the region comprised of the following countries:
The Republic of Albania.
Bosnia and Herzegovina.
The Republic of Kosovo.
Montenegro.
The Republic of North Macedonia.
The Republic of Serbia.
The term Western Balkans country means any country listed in subparagraphs (A) through (F) of paragraph (3).
Each person listed or designated for the imposition of sanctions under an executive order described in subsection (c) as of the date of the enactment of this Act shall remain so designated, except as provided in subsections (d) and (f).
Each authority to impose sanctions provided for under an executive order described in subsection (c) shall remain in effect.
The executive orders specified in this subsection are—
Executive Order 13219, as amended by Executive Order 13304 (50 U.S.C. 1701 note; relating to blocking property of persons who threaten international stabilization efforts in the Western Balkans); and
Executive Order 14033 (50 U.S.C. 1701 note; relating to blocking property and suspending entry into the United States of certain persons contributing to the destabilizing situation in the Western Balkans), as amended by Executive Order 14140 (90 Fed. Reg. 2589; relating to taking additional steps with respect to the situation in the Western Balkans), as in effect on the date of the enactment of Executive Order 14140.
The President may terminate the application of a sanction authorized under Executive Order 14033, as amended by Executive Order 14140, with respect to a person if the President certifies to the appropriate committees of Congress that—
the person is not engaging in the activity that was the basis for such sanction or has taken significant verifiable steps toward stopping such activity; and
the President has received reliable assurances that the person will not knowingly engage in activity subject to such sanction in the future.
Nothing in subsection (d) may be construed to modify the delisting procedures used by the Department of the Treasury with respect to sanctions authorized under Executive Order 13219, as amended by Executive Order 13304 (50 U.S.C. 1701 note; relating to blocking property of persons who threaten international stabilization efforts in the Western Balkans).
The President may waive the application of sanctions under this section for renewable periods not to exceed 180 days if the President—
determines that such a waiver is in the national security interests of the United States; and
not less than 15 days before the granting of the waiver, submits to the appropriate committees of Congress a notice of and justification for the waiver.
The waiver described in paragraph (1) may be transmitted in classified form.
Sanctions authorized under this section shall not apply to—
the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or
transactions that are necessary for, or ordinarily incident to, the activities described in subparagraph (A).
Sanctions authorized under this section shall not apply with respect to an alien if admitting or paroling such alien is necessary—
to comply with United States obligations under—
the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947;
the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967; or
any other international agreement; or
to carry out or assist law enforcement activity in the United States.
Sanctions authorized under this section 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.); or
any authorized intelligence activities of the United States.
The requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
The President is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this section (which may include regulatory exceptions), including under section 205 of the International Emergency Economic Powers Act (50 U.S.C. 1704)).
Nothing in this section may be construed to limit the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
This section shall cease to have force or effect beginning on the date that is 8 years after the date of the enactment of this Act.
The Secretary of State, through ongoing and new programs, should develop an initiative that—
seeks to expand technical assistance in each Western Balkans country, taking into account local conditions and contingent on the agreement of the host country government to develop new national anti-corruption strategies;
seeks to share best practices with, and provide training, including through the use of embedded advisors, to civilian law enforcement agencies and judicial institutions, and other relevant administrative bodies, of the Western Balkans countries, to improve the efficiency, transparency, and accountability of such agencies and institutions;
strengthens existing national anti-corruption strategies—
to combat political corruption, particularly in the judiciary, independent election oversight bodies, and public procurement processes; and
to strengthen regulatory and legislative oversight of critical governance areas, such as freedom of information and public procurement, including by strengthening cyber defenses and ICT infrastructure networks;
includes the Western Balkans countries in the European Democratic Resilience Initiative of the Department of State, or any equivalent successor initiative, and considers the Western Balkans as a recipient of anti-corruption funding for such initiative; and
seeks to promote the important role of an independent media in countering corruption through engagements with governments of Western Balkan countries and providing training opportunities for journalists on investigative reporting.
It is the sense of Congress that—
promoting stronger economic, civic, and political relationships among Western Balkans countries will enable countries to better utilize existing resources and maximize their economic security and democratic resilience by reinforcing cyber defenses and increasing economic activity among other countries in the region; and
United States private investments in and assistance toward creating a more integrated region ensures political stability and security for the region.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a regional economic development and democratic resilience strategy for the Western Balkans that complements the efforts of the European Union, European nations, and other multilateral financing institutions—
to consider the full set of tools and resources available from the relevant agencies;
to include efforts to ensure coordination with multilateral and bilateral partners, such as the European Union, the World Bank, and other relevant assistance frameworks;
to include an initial public assessment of—
economic opportunities for which United States businesses, or those of other like-minded partner countries, would be competitive;
legal, economic, governance, infrastructural, or other barriers limiting United States economic activity and investment in the Western Balkans;
the effectiveness of all existing regional cooperation initiatives, such as the Open Balkan initiative and the Western Balkans Common Regional Market; and
ways to increase United States economic activity and investment within the Western Balkans;
to develop human and institutional capacity and infrastructure across multiple sectors of economies, including clean energy, energy efficiency, agriculture, small and medium-sized enterprise development, health, and cyber-security;
to assist with the development and implementation of programs or initiatives to increase economic development and prosperity in the region;
to support small- and medium-sized businesses, including women-owned enterprises;
to promote government and civil society policies and programs that combat corruption and encourage transparency (including by supporting independent media by promoting the safety and security of journalists), free and fair competition, sound governance, judicial reform, environmental stewardship, and business environments conducive to sustainable and inclusive economic growth; and
to include a public diplomacy strategy that describes the actions that will be taken by relevant agencies to increase support for the United States relationship by citizens of Western Balkans countries.
Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall provide a briefing to the appropriate committees of Congress that describes the progress made towards developing the strategy required under paragraph (2).
The Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, may coordinate a regional economic connectivity and development initiative for the region comprised of each Western Balkans country and any European Union member country that shares a border with a Western Balkans country (referred to in this subsection as the Western Balkans region) in accordance with this subsection.
The initiative authorized under paragraph (1) shall—
promote private sector growth and competitiveness and increase the capacity of businesses, particularly small and medium-sized enterprises, in the Western Balkans region;
aim to increase intraregional exports to countries in the Balkans and European Union member states;
aim to increase United States economic activity and investments in countries in the Western Balkans;
support startup companies, including companies led by youth or women, in the Western Balkans region by—
providing training in business skills and leadership; and
providing opportunities to connect to sources of capital;
encourage and promote increased economic activity and investment in the Western Balkans through engagement with the Western Balkans diaspora communities in the United States and abroad;
provide assistance to the governments and civil society organizations of Western Balkans countries to develop—
regulations to ensure fair and effective investment; and
screening tools to identify and deter malign investments and other coercive economic practices;
identify areas where application of additional resources and workforce retraining could expand successful programs to 1 or more countries in the Western Balkans region by building on the existing experience and program architecture;
compare existing single-country sector analyses to determine areas of focus that would benefit from a regional approach with respect to the Western Balkans region; and
promote intraregional economic connectivity throughout the Western Balkans region through—
programming, including grants, cooperative agreements, and other forms of assistance;
expanding awareness of the availability of loans and other financial instruments from the United States Government; and
coordinating access to existing instruments to promote economic activity and investment that are available through allies and partners in the Western Balkans region, including the European Union and international financial institutions.
The initiative authorized under paragraph (1) should facilitate and prioritize support for regional infrastructure projects, including—
transportation projects that build roads, bridges, railways and other physical infrastructure to facilitate travel of goods and people throughout the Western Balkans region;
technical support and investments needed to meet United States and European Union standards for air travel, including screening and information sharing;
the development of telecommunications networks with trusted providers;
infrastructure projects that connect Western Balkans countries to each other and to countries with which they share a border;
information exchange on effective tender procedures and transparent procurement processes;
investment transparency programs that will help countries in the Western Balkans analyze gaps and establish institutional and regulatory reforms necessary—
to create an enabling environment for economic activities and investment; and
to strengthen protections against suspect investments through public procurement and privatization and through foreign direct investments;
sharing best practices learned from the United States and other international partners to ensure that institutional and regulatory mechanisms are fair, nonarbitrary, effective, and free from corruption;
projects that support regional energy security and reduce dependence on Russian energy;
technical assistance and generating private investment in projects that promote connectivity and energy-sharing in the Western Balkans region;
technical assistance to support regional collaboration on environmental protection that includes governmental, political, civic, and business stakeholders; and
technical assistance to develop financing options and help create linkages with potential financing institutions and investors.
All programming under the initiative authorized under paragraph (1) shall—
be open to the participation of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia;
be consistent with European Union accession requirements;
be focused on retaining talent within the Western Balkans;
promote government policies in Western Balkans countries that encourage free and fair competition, sound governance, environmental protection, and business environments that are conducive to sustainable and inclusive economic growth; and
include a public diplomacy strategy to inform local and regional audiences in the Western Balkans region about the initiative, including specific programs and projects.
Not later than 1 year after the date of the enactment of this Act, subject to the availability of appropriations, the Chief Executive Officer of the United States International Development Finance Corporation, in collaboration with the Secretary of State, should consider including a regional office with responsibilities for the Western Balkans within the Corporation’s plans to open new regional offices.
Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation and the Secretary of State shall submit a joint report to the appropriate committees of Congress that includes—
an assessment of the benefits of providing sovereign loan guarantees to countries in the Western Balkans to support infrastructure and energy diversification projects;
an outline of additional resources, such as tools, funding, and personnel, which may be required to offer sovereign loan guarantees in the Western Balkans; and
an assessment of how the United States International Development Finance Corporation, in coordination with the United States Trade and Development Agency and the Export-Import Bank of the United States, can deploy its insurance products in support of bonds or other instruments issued to raise capital through United States financial markets in the Western Balkans.
It is the sense of Congress that—
promoting partnerships between United States universities and universities in the Western Balkans advances United States foreign policy goals and requires a whole-of-government approach, including the utilization of public-private partnerships; and
such partnerships would provide opportunities for exchanging academic ideas, technical expertise, research, and cultural understanding for the benefit of the United States and may provide additional beneficial opportunities for cooperation in the private sector.
The President, working through the Secretary of State, is authorized to promote partnerships between United States universities and universities in the Western Balkans, including—
supporting research and analysis on cyber resilience;
working with partner governments to reform policies, improve curricula, strengthen data systems, train teachers and students, including English language teaching, and to provide quality, inclusive learning materials;
encouraging knowledge exchanges to help provide individuals, particularly at-risk youth, women, people with disabilities, and other vulnerable, marginalized, or underserved communities, with relevant education, training, and skills for meaningful employment;
promoting teaching and research exchanges between institutions of higher education in the Western Balkans and in the United States; and
encouraging alliances and exchanges with like-minded institutions of education within the Western Balkans and the larger European continent.
It is the sense of Congress that—
regular people-to-people exchange programs that bring religious leaders, journalists, civil society members, politicians, and other individuals from the Western Balkans to the United States will strengthen existing relationships and advance United States interests and shared values in the Western Balkans region; and
the Department of State, through BOLD, a leadership program for young leaders in certain Western Balkans countries, plays an important role to develop young leaders in improving civic engagement and economic development in Bosnia and Herzegovina, Serbia, and Montenegro.
The Secretary of State should continue the BOLD Leadership Program, which shall hereafter be known as the Young Balkan Leaders Initiative, to promote educational and professional development for young adult leaders and professionals in the Western Balkans who have demonstrated a passion to contribute to the continued development of the Western Balkans region.
The goals of the Young Balkan Leaders Initiative should include—
building the capacity of young Balkan leaders in the Western Balkans in the areas of business and information technology, cyber security and digitization, agriculture, civic engagement, and public administration;
supporting young Balkan leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, human rights, entrepreneurship, good governance, public administration, and journalism;
supporting young political, parliamentary, and civic Balkan leaders in collaboration on regional initiatives related to good governance, environmental protection, government ethics, and minority inclusion; and
providing increased economic and technical assistance to young Balkan leaders to promote economic growth and strengthen ties between businesses, investors, and entrepreneurs in the United States and in Western Balkans countries.
Under the Young Balkan Leaders Initiative, the Secretary of State is authorized to award fellowships to young leaders from the Western Balkans who—
are between 18 and 35 years of age;
have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership;
have had a positive impact in their communities, organizations, or institutions, including by promoting cross-regional and multiethnic cooperation; and
represent a cross-section of geographic, gender, political, and cultural diversity.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall provide a briefing to the appropriate committees of Congress that describes the status of exchange programs involving the Western Balkans region.
It is the sense of Congress that—
United States support for cybersecurity, cyber resilience, and secure ICT infrastructure in Western Balkans countries will strengthen the region’s ability to defend itself from and respond to malicious cyber activity conducted by nonstate and foreign actors, including foreign governments, that seek to influence the region;
insecure ICT networks that are vulnerable to manipulation can increase opportunities for—
the compromise of cyber infrastructure, including data networks, electronic infrastructure, and software systems; and
the use of online information operations by adversaries and malign actors to undermine United States allies and interests; and
it is in the national security interest of the United States to support the cybersecurity and cyber resilience of Western Balkans countries.
Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other relevant Federal agencies, shall submit a report to the appropriate committees of Congress and the Committee on Armed Services of the Senate that contains—
an overview of interagency efforts to strengthen cybersecurity and cyber resilience in Western Balkans countries;
a review of the information environment in each Western Balkans country;
a review of existing United States Government cyber and digital initiatives that—
counter influence operations and safeguard elections and democratic processes in Western Balkans countries;
strengthen ICT infrastructure, digital accessibility, and cybersecurity capacity in the Western Balkans;
support democracy and internet freedom in Western Balkans countries; and
build cyber capacity of governments who are allies or partners of the United States;
an assessment of cyber threat information sharing between the United States and Western Balkans countries;
an assessment of—
options for the United States to better support cybersecurity and cyber resilience in Western Balkans countries through changes to current assistance authorities; and
the advantages or limitations, such as funding or office space, of posting cyber professionals from other Federal departments and agencies to United States diplomatic posts in Western Balkans countries and providing relevant training to Foreign Service Officers; and
any additional support needed from the United States for the cybersecurity and cyber resilience of the following NATO Allies: Albania, Montenegro, and North Macedonia.
It is the sense of Congress that—
the Agreement on the Path to Normalization of Relations, which was agreed to by Kosovo and Serbia on February 27, 2023, with the facilitation of the European Union, is a positive step forward in advancing normalization between the two countries;
Serbia and Kosovo should seek to make immediate progress on the Implementation Annex to the agreement referred to in paragraph (1);
once sufficient progress has been made on the Implementation Annex, the United States should consider advancing initiatives to strengthen bilateral relations with both countries, which could include—
establishing bilateral strategic dialogues with Kosovo and Serbia; and
advancing concrete initiatives to deepen economic ties and investment with both countries; and
the United States should continue to support a comprehensive final agreement between Kosovo and Serbia based on mutual recognition.
It is the policy of the United States Government that—
it shall not pursue any policy that advocates for land swaps, partition, or other forms of redrawing borders along ethnic lines in the Western Balkans as a means to settle disputes between nation states in the region; and
it should support pluralistic democracies in countries in the Western Balkans as a means to prevent a return to the ethnic strife that once characterized the region.
Not later than 180 days after the date of the enactment of this Act, and every two years thereafter, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, and the heads of other Federal departments or agencies, as appropriate, shall submit a report to the appropriate committees of Congress, the Select Committee on Intelligence of the Senate, the Committee on Armed Services of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives regarding Russian and Chinese malign influence operations and campaigns carried out with respect to Balkan countries that seek—
to undermine democratic institutions;
to promote political instability; and
to harm the interests of the United States and North Atlantic Treaty Organization member and partner states in the Western Balkans.
Each report submitted pursuant to subsection (a) shall include—
an assessment of the objectives of the Russian Federation and the People's Republic of China regarding malign influence operations and campaigns carried out with respect to Western Balkans countries—
to undermine democratic institutions, including the planning and execution of democratic elections;
to promote political instability; and
to manipulate the information environment;
the activities and roles of the Department of State and other relevant Federal agencies in countering Russian and Chinese malign influence operations and campaigns;
an assessment of—
each network, entity and individual, to the extent such information is available, of Russia, China, or any other country with which Russia or China may cooperate, that is supporting such Russian or Chinese malign influence operations or campaigns, including the provision of financial or operational support to activities in a Western Balkans country that may limit freedom of speech or create barriers of access to democratic processes, including exercising the right to vote in a free and fair election; and
the role of each such entity in providing such support;
the identification of the tactics, techniques, and procedures used in Russian or Chinese malign influence operations and campaigns in Western Balkans countries;
an assessment of the effect of previous Russian or Chinese malign influence operations and campaigns that targeted alliances and partnerships of the United States Armed Forces in the Western Balkans, including the effectiveness of such operations and campaigns in achieving the objectives of Russia and China, respectively;
the identification of each Western Balkans country with respect to which Russia or China has conducted or attempted to conduct a malign influence operation or campaign;
an assessment of the capacity and efforts of NATO and of each individual Western Balkans country to counter Russian or Chinese malign influence operations and campaigns carried out with respect to Western Balkans countries;
the efforts by the United States to combat such malign influence operations in the Western Balkans, including through the Countering Russian Influence Fund and the Countering People’s Republic of China Malign Influence Fund;
an assessment of the tactics, techniques, and procedures that the Secretary of State, in consultation with the Director of National Intelligence and the Secretary of Defense, determines are likely to be used in future Russian or Chinese malign influence operations and campaigns carried out with respect to Western Balkans countries; and
activities that the Department of State and other relevant Federal agencies could use to increase the United States Government’s capacity to counter Russian and Chinese malign influence operations and campaigns in Western Balkans countries.
Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
This subtitle may be cited as the DFC Modernization and Reauthorization Act of 2025.
Section 1402 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9601) is amended—
by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (5), (6), and (7), respectively;
by inserting before paragraph (2), as so redesignated, the following:
The term advancing income country, with respect to a fiscal year for the Corporation, means a country the gross national income per capita of which at the start of such fiscal year is—
greater than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process; and
is equal to or less than the per capita income threshold for classification as a high-income economy (as defined by the World Bank).
by inserting after paragraph (2), as so redesignated, the following:
The term country of concern means any of the following countries:
The Bolivarian Republic of Venezuela.
The Republic of Cuba.
The Democratic People’s Republican of Korea.
The Islamic Republic of Iran.
The People’s Republic of China.
The Russian Federation.
Belarus.
The term high-income country, with respect to a fiscal year for the Corporation, means a country with a high-income economy (as defined by the World Bank) at the start of such fiscal year.
by striking paragraph (5), as so redesignated, and inserting the following:
The term less developed country, with respect to a fiscal year for the Corporation, means a country the gross national income per capita of which at the start of such fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction Development graduation process.
Section 1412 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9612) is amended—
in subsection (b), in the first sentence—
by striking and countries in transition from nonmarket to market economies and inserting countries in transition from nonmarket to market economies, and other eligible foreign countries; and
by inserting and national security after foreign policy; and
by striking subsection (c) and inserting the following:
The Corporation shall prioritize the provision of support under title II in less developed countries.
The Corporation may provide support for a project under title II in an advancing income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees, that such support will be provided in accordance with the policy established pursuant to subsection (d)(2). Such certification may be included as an appendix to the report required by section 1446.
The Corporation may provide support for a project under title II in a high-income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees that such support will be provided in accordance with the policy established pursuant to subsection (d)(3). Such certification may be included as an appendix to the report required by section 1446.
Not later than 120 days after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025, and annually thereafter, the Corporation shall submit to the appropriate congressional committees a report, which may be submitted in classified or confidential form, that includes—
a list of all high-income countries in which the Corporation anticipates providing support in the subsequent fiscal year (and, with respect to the first such report, the then-current fiscal year); and
to the extent practicable, a description of the type of projects anticipated to receive such support.
The Corporation may not provide support for a project in a high-income country in any year for which that high-income country is not included on the list required by subparagraph (B)(i), unless, not later than 15 days before final management approval, the Corporation consults with and submits to the appropriate congressional committees a notification describing how the proposed project advances the foreign policy interests of the United States.
The Board shall establish policies, which shall be applied on a project-by-project basis, to evaluate and determine the strategic merits of providing support for projects and investments in advancing income countries and high-income countries.
Any policy used to evaluate and determine the strategic merits of providing support for projects in an advancing income country shall require that such projects—
advance—
the national security interests of the United States in accordance with United States foreign policy, as determined by the Secretary of State; or
significant strategic economic competitiveness imperatives;
are designed in a manner to produce significant developmental outcomes or provide developmental impacts to the poorest populations of such country; and
are structured in a manner that maximizes private capital mobilization.
Any policy used to evaluate and determine the strategic merits of providing support for projects in high-income countries shall require that—
each such project meets the requirements described in paragraph (2);
with respect to each project in a high-income country—
private sector entities have been afforded an opportunity to support the project on viable terms in place of support by the Corporation; and
such support does not exceed more than 25 percent of the total cost of the project;
with respect to support for all projects in all high-income countries, the aggregate amount of such support does not exceed 8 percent of the total contingent liability of the Corporation outstanding as of the date on which any such support is provided in a high-income country; and
the Chief Executive Officer submit to the appropriate congressional committees a report, which may be submitted as an appendix to a report required by section 1446, that—
certifies that the Corporation has applied the policy to each supported project in a high-income country; and
describes whether such support—
is a preferred alternative to state-directed investments by a foreign country of concern; or
otherwise furthers the strategic interest of the United States to counter or limit the influence of foreign countries of concern.
The Corporation shall not provide support for a project in a country of concern.
It is the sense of Congress that—
the Corporation should continuously operate in a manner that advances its core mission and purposes, as described in this title; and
resources of the Corporation should not be diverted for domestic or other activities extending beyond the scope of such mission and purpose.
Section 1413(a) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(a)) is amended by inserting a Chief Strategic Investment Officer, after Chief Development Officer,.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended—
in subsection (b)—
in paragraph (2)(A)(iii), by striking 5 individuals each place it appears and inserting 3 individuals; and
by adding at the end the following new paragraph:
Meetings of the Board are subject to section 552b of title 5, United States Code (commonly referred to as the Government in the Sunshine Act).
by striking subsection (c) and inserting the following:
The Board shall—
hold at least 2 public hearings each year in order to afford an opportunity for any person to present views with respect to whether—
the Corporation is carrying out its activities in accordance with this division; and
any support provided by the Corporation under title II in any country should be suspended, expanded, or extended;
as necessary and appropriate, provide responses to the issues and questions discussed during each such hearing following the conclusion of the hearing;
post the minutes from each such hearing on a website of the Corporation and, consistent with applicable laws related to privacy and the protection of proprietary business information, the responses to issues and questions discussed in the hearing; and
implement appropriate procedures to ensure the protection from unlawful disclosure of the proprietary information submitted by private sector applicants marked as business confidential information unless—
the party submitting the confidential business information waives such protection or consents to the release of the information; or
to the extent some form of such protected information may be included in official documents of the Corporation, a nonconfidential form of the information may be provided, in which the business confidential information is summarized or deleted in a manner that provides appropriate protections for the owner of the information.
Section 1413(d)(3) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(d)(3)) is amended to read as follows:
The Chief Executive Officer shall—
report to and be under the direct authority of the Board; and
take input from the Board when assessing the performance of the Chief Risk Officer, established pursuant to subsection (f), the Chief Development Officer, established pursuant to subsection (g), and the Chief Strategic Investment Officer, established pursuant to subsection (h).
Section 1413(f) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(f)) is amended—
in paragraph (1)—
by striking who— and inserting who shall be removable only by a majority vote of the Board.; and
by striking subparagraphs (A) and (B); and
by striking paragraph (2) and inserting the following:
The Chief Risk Officer shall—
report directly to the Chief Executive Officer;
support the risk committee of the Board established under section 1441 in carrying out its responsibilities as set forth in subsection (b) of that section, including by—
developing, implementing, and managing a comprehensive framework and process for identifying, assessing, and monitoring risk;
developing a transparent risk management framework designed to evaluate risks to the Corporation’s overall portfolio, giving due consideration to the policy imperatives of ensuring investment and regional diversification of the Corporation’s overall portfolio;
assessing the Corporation’s overall risk tolerance, including recommendations for managing and improving the Corporation’s risk tolerance and regularly advising the Board on recommended steps the Corporation may take to responsibly increase risk tolerance; and
regularly collaborating with the Chief Development Officer and the Chief Strategic Investments Officer to ensure the Corporation’s overall portfolio is appropriately balancing risk tolerance with development and strategic impact.
Section 1413(g) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended—
in paragraph (1), by striking in development in the matter preceding subparagraph (A) and all that follows through shall be subparagraph (B) and inserting in international development and development finance, who shall be; and
in paragraph (2)—
in the paragraph heading, by inserting and responsibilities after duties;
by redesignating subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (D), (E), (F), (G), (H), and (I), respectively;
by inserting before subparagraph (D), as so redesignated, the following:
advise the Chief Executive Officer and the Deputy Chief Executive Officer on international development policy matters and report directly to the Chief Executive Officer;
in addition to the Chief Executive Officer and the Deputy Chief Executive Officer, represent the Corporation in interagency meetings and processes relating to international development;
work with other relevant Federal departments and agencies to identify projects that advance United States international development interests;
in subparagraph (D), as so redesignated, by striking United States Government and all that follows and inserting Federal departments and agencies, including by directly liaising with the relevant members of United States country teams serving overseas, to ensure that such Federal departments, agencies, and country teams have the training and awareness necessary to fully leverage the Corporation’s development tools overseas;;
in subparagraph (E), as so redesignated—
by striking under the guidance of the Chief Executive Officer,;
by inserting the development impact of Corporation transactions, including after evaluating; and
by striking United States Government and inserting Federal;
by striking subparagraph (F), as so redesignated, and inserting the following:
coordinate implementation of funds or other resources transferred to and from such Federal departments, agencies, or overseas country teams in support of the Corporation’s international development projects or activities;
in subparagraph (G), as so redesignated, by inserting manage the reporting responsibilities of the Corporation under after 1442(b) and;
in subparagraph (H), as so redesignated, by striking ; and and inserting a semicolon;
in subparagraph (I), as so redesignated—
by striking subsection (i) and inserting subsection (j); and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following new subparagraphs:
oversee implementation of the Corporation’s development impact strategy and work to ensure development impact at the transaction level and portfolio-wide;
foster and maintain relationships both within and external to the Corporation that enhance the capacity of the Corporation to achieve its mission to advance United States international development policy and interests;
coordinate within the Corporation to ensure United States international development policy and interests are considered together with the Corporation’s foreign policy and national security goals; and
coordinate with other Federal departments and agencies to explore investment opportunities that bring evidence-based, cost effective development innovations to scale in a manner that can be sustained by markets.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended—
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
by inserting after subsection (g) the following:
Subject to the approval of the Board, the Chief Executive Officer shall appoint a Chief Strategic Investment Officer, from among individuals with experience in United States national security matters and foreign investment, who shall be removable only by a majority vote of the Board.
The Chief Strategic Investment Officer shall—
advise the Chief Executive Officer and the Deputy Chief Executive Officer on national security and foreign policy matters and report directly to the Chief Executive Officer;
in addition to the Chief Executive Officer and the Deputy Chief Executive Officer, represent the Corporation in interagency meetings and processes relating to United States national security and foreign policy;
coordinate efforts to develop the Corporation’s strategic investment initiatives—
to counter predatory state-directed investment and coercive economic practices of adversaries of the United States;
to preserve the sovereignty of partner countries; and
to advance economic growth and national security through the highest standards of transparency, accessibility, and competition;
provide input into the establishment of performance measurement frameworks and reporting on development outcomes of strategic investments, consistent with sections 1442 and 1443;
work with other relevant Federal departments and agencies to identify projects that advance United States national security and foreign policy priorities, including by complementing United States domestic investments in critical and emerging technologies;
manage employees of the Corporation that are dedicated to ensuring that the Corporation’s activities advance United States national security and foreign policy interests, including through—
long-term strategic planning;
issue and crisis management;
the advancement of strategic initiatives; and
strategic planning on how the Corporation’s foreign investments may complement United States domestic production of critical and emerging technologies;
foster and maintain relationships both within and external to the Corporation that enhance the capacity of the Corporation to achieve its mission to advance United States national security and foreign policy interests; and
collaborate with the Chief Development Officer to ensure United States national security interests are considered together with the Corporation’s development policy goals.
Section 1413(i) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(i)), as so redesignated, is amended—
by striking paragraph (1) and inserting the following:
Except as otherwise provided in this section, officers, employees, and agents shall be selected and appointed by, or under the authority of, the Chief Executive Officer, and shall be vested with such powers and duties as the Chief Executive Officer may determine.
in paragraph (2)—
in subparagraph (A)—
by striking 50 and inserting 70; and
by inserting , and such positions shall be reserved for individuals meeting the expert qualifications established by the Corporation’s qualification review board after United States Code; and
in subparagraph (D), by inserting , provided that no such officer or employee may be compensated at a rate exceeding level II of the Executive Schedule after respectively; and
in paragraph (3)(C) by striking subsection (i) and inserting subsection (j).
Section 1413(j) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(j)), as so redesignated, is amended—
by striking paragraphs (1) and (2) and inserting the following:
There is established a Development Advisory Finance Council (in this subsection referred to as the Council) that shall advise the Board and the Congressional Strategic Advisory Group established by subsection (k) on the development priorities and objectives of the Corporation.
Members of the Council shall be appointed by the Board, on the recommendation of the Chief Executive Officer, and shall be composed of not more than 9 members broadly representative of nongovernmental organizations, think tanks, advocacy organizations, foundations, private industry, and other institutions engaged in international development finance, of whom not fewer than 5 members shall be experts from the international development and humanitarian assistance sector.
by redesignating paragraph (4) as paragraph (6); and
by inserting after paragraph (3) the following:
The Board shall meet with the Council at least twice each year and engage directly with the Board on its recommendations to improve the policies and practices of the Corporation to achieve the development priorities and objectives of the Corporation.
The Board shall—
prioritize maintaining the full membership and composition of the Council;
inform the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives when a vacancy of the Council occurs, including the date that the vacancy occurred; and
for any vacancy on the Council that remains for 120 days or more, submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives explaining why a vacancy is not being filled and provide an update on progress made toward filling such vacancy, including a reasonable estimation for when the Board expects to have the vacancy filled.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended by adding at the end the following new subsection:
Not later than 90 days after the enactment of the DFC Modernization and Reauthorization Act of 2025, there shall be established a Congressional Strategic Advisory Group (referred to in this subsection as the Group), which shall meet not less frequently than annually, including after the budget of the President submitted under section 1105 of title 31, United States Code, for a fiscal year.
The Group shall be composed of the following:
The Chief Executive Officer.
The Chief Development Officer.
The Chief Strategic Investment Officer.
The Strategic Advisors of the Senate, as described in paragraph (3)(A).
The Strategic Advisors of the House of Representatives, as described in paragraph (3)(B).
There is established a group to be known as the Strategic Advisors of the Senate.
The group established by clause (i) shall be composed of the following:
The chair of the Committee on Foreign Relations of the Senate, who shall serve as chair of the Strategic Advisors of the Senate.
The ranking member of the Committee on Foreign Relations of the Senate, who shall serve as vice-chair of the Strategic Advisors of the Senate.
Not more than 6 additional individuals who are members of the Committee on Foreign Relations of the Senate, designated by the chair, with the consent of the ranking member.
There is established a group to be known as the Strategic Advisors of the House of Representatives.
The group established by clause (i) shall be composed of the following:
The chair of the Committee on Foreign Affairs of the House of Representatives, who shall serve as chair of the Strategic Advisors of the House.
The ranking member of the Committee on Foreign Affairs of the House of Representatives, who shall serve as vice-chair of the Strategic Advisors of the House.
Not more than 6 additional individuals who are members of the Committee on Foreign Affairs of the House of Representatives, designated by the chair, with the consent of the ranking member.
The Chief Executive Officer, the Chief Development Officer, and the Chief Strategic Investment Officer of the Corporation shall consult with the Strategic Advisors of the Senate and the Strategic Advisors of the House of Representatives established under paragraph (3) in order to solicit and receive congressional views and advice on the strategic priorities and investments of the Corporation, including—
the challenges presented by adversary countries to the national security interests of the United States and strategic objectives of the Corporation’s investments;
priority regions, countries, and sectors that require focused consideration for strategic investment;
the priorities and trends pursued by similarly-situated development finance institutions of friendly nations, including opportunities for partnerships, complementarity, or co-investment;
evolving methods of financing projects, including efforts to partner with public sector and private sector institutional investors;
institutional or policy changes required to improve efficiencies within the Corporation; and
potential legislative changes required to improve the Corporation’s performance in meeting strategic and development imperatives.
The chair and the vice-chair of the Strategic Advisors of the Senate and the chair and the vice-chair of the Strategic Advisors of the House of Representatives shall determine the meeting times of the Group, which may be arranged separately or on a bicameral basis by agreement.
Not later than 7 days before each meeting of the Group, the Chief Executive Officer shall submit a proposed agenda for discussion to the chair and the vice-chair of each strategic advisory group referred to in subparagraph (A).
To ensure a robust flow of information, members of the Group may submit questions for consideration before any meeting. A question submitted orally or in writing shall receive a response not later than 15 days after the conclusion of the first meeting convened wherein such question was asked or submitted in writing.
At the request of the Chief Executive Officer or the chair and vice-chair of a strategic advisory group established under paragraph (3), business of the Group may be conducted in a classified setting, including for the purpose of protecting business confidential information and to discuss sensitive information with respect to foreign competitors.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended by adding at the end the following new subsection:
Based upon guidance received from the Group established pursuant to section 1413(k), the Chief Executive Officer shall develop a Strategic Priorities Plan, which shall provide—
guidance for the Corporation’s strategic investments portfolio and the identification and engagement of priority strategic investment sectors and regions of importance to the United States; and
justifications for the certifications of such investments in accordance with section 1412(c).
The Strategic Priorities Plan should determine the objectives and goals of the Corporation’s strategic investment portfolio by evaluating economic, security, and geopolitical dynamics affecting United States strategic interests, including—
determining priority countries, regions, sectors, and related administrative actions;
plans for the establishment of regional offices outside of the United States;
identifying countries where the Corporation’s support—
is necessary;
would be the preferred alternative to state-directed investments by foreign countries of concern; or
otherwise furthers the strategic interests of the United States to counter or limit the influence of foreign countries of concern;
evaluating the interest and willingness of potential private finance institutions and private sector project implementers to partner with the Corporation on strategic investment projects; and
identifying bilateral and multilateral project finance partnership opportunities for the Corporation to pursue with United States partner and ally countries.
At any time during the relevant period, the Chief Executive Officer may request to convene a meeting of the Congressional Strategic Advisory Group for the purpose of discussing revisions to the Strategic Priorities Plan.
The Chief Executive Officer shall publish, on a website of the Corporation—
descriptions of entities that may be eligible to apply for support from the Corporation;
procedures for applying for products offered by the Corporation; and
any other appropriate guidelines and compliance restrictions with respect to designated strategic priorities.
It is the sense of the Congress that the Corporation, during the 2-year period beginning on October 1, 2025, should consider—
advancing secure supply chains to meet the critical minerals needs of the United States and its allies and partners;
making investments to promote and secure the telecommunications sector, particularly undersea cables; and
establishing, maintaining, and supporting regional offices outside the United States for the purpose of identifying and supporting priority investment opportunities.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended by adding at the end the following new subsection:
Not later than 1 year after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025, the Secretary of State, acting through the Director of the Foreign Service Institute and in collaboration with the Chief Executive Officer of the Corporation, shall conduct a review and submit to the appropriate congressional committees a report on the utility of establishing elective training classes or programs on development finance within the School of Professional and Area Studies for all levels of the foreign service.
The report required by paragraph (1) shall include a description of how a proposed class would be structured to ensure an appropriate level of training in development finance, including descriptions of—
the potential benefits and challenges of development finance as a component of United States foreign policy in promoting development outcomes and in promoting United States interests in advocating for the advancement of free-market principles;
the operations of the Corporation, generally, and a comparative analysis of similarly situated development finance institutions, both bilateral and multilateral;
how development finance can further the foreign policies of the United States, generally;
the anticipated foreign service consumers of any proposed classes on development finance;
the resources that may be required to establish such training classes, including through the use of detailed staff from the Corporation or temporary fellows brought in from the development finance community; and
other relevant issues, as determined by the Secretary of State and the Chief Executive Officer of the Corporation determines appropriate.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended by adding at the end the following new subsection:
The Chief Executive Officer shall establish the Development Finance Corporation Student Internship Program (referred to in this subsection as the Program) to offer internship opportunities at the Corporation to eligible individuals to provide important professional development and work experience opportunities and raise awareness among future development and international finance professionals of the career opportunities at the Corporation and to supply important human capital for the implementation of the Corporation’s critically important development finance tools.
An individual is eligible to participate in the Program if the applicant—
is a United States citizen;
is enrolled at least half-time at—
an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); or
an institution of higher education based outside the United States, as determined by the Secretary of State; and
satisfies such other qualifications as established by the Chief Executive Officer.
The Chief Executive Officer shall establish selection criteria for individuals to be admitted into the Program that includes a demonstrated interest in a career in international relations and international economic development policy.
The Chief Executive Officer may provide housing assistance to an eligible individual participating in the Program whose permanent address is within the United States if the location of the internship in which such individual is participating is more than 50 miles away from such individual’s permanent address.
The Chief Executive Officer shall provide to an eligible individual participating in the Program, whose permanent address is within the United States, financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the eligible individual’s permanent address and the location of the internship in which such eligible individual is participating if such location is—
more than 50 miles from the eligible individual’s permanent address; or
outside of the United States.
Nothing in this section may be construed to compel any individual who is a participant in an internship program of the Corporation to participate in the collection of the data or divulge any personal information. Such individuals shall be informed that any participation in data collection under this subsection is voluntary.
Any data collected under this subsection shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.
Notwithstanding any other provision of law, the Chief Executive Officer, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired under this subsection each year, may—
select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and
remove any compensated intern employed pursuant to subparagraph (A) without regard to the provisions of law governing appointments in the competitive excepted service.
Internships offered and compensated by the Corporation under this subsection shall be funded solely by available amounts appropriated after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025 to the Corporate Capital Account established under section 1434.
Section 1415 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9614) is amended by adding at the end the following new subsection:
Not later than 90 days after enactment of the DFC Modernization and Reauthorization Act of 2025, the Board shall submit a report to the appropriate congressional committees describing any efficiencies that may be gained through the consolidation of functions of the independent accountability mechanism under the authorities of the Office of the Inspector General of the Corporation under section 1414. The report shall include an outline as to how the Inspector General of the Corporation would develop an internal environmental, social, and governance expertise to adequately replace the independent accountability mechanism’s environmental, social, and governanceexpertise.
Section 1421(c) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)), is amended by adding at the end the following new paragraph:
There is established in the Treasury of the United States a fund to be known as the Development Finance Corporate Equity Investment Account (referred to in this division as the Equity Investment Account), which shall be administered by the Corporation as a revolving account to carry out the purposes of this section.
The Corporation shall—
manage the Equity Investment Account in ways that demonstrate a commitment to pursuing catalytic investments in less developed countries in accordance with section 1412(c)(1) and paragraph (1); and
collect data and information about the use of the Equity Investment Account to inform the Corporation’s record of returns on investments and reevaluation of equity investment subsidy rates prior to the termination of the authorities provided under this title.
There is authorized to be appropriated to the Equity Investment Account $3,000,000,000 for fiscal years 2026 through 2030.
Earnings and proceeds from the sale or redemption of, and fees, credits, and other collections from, the equity investments of the Corporation under the Equity Investment Account shall be retained and deposited into the Fund and shall remain available to carry out this subsection without fiscal year limitation without further appropriation.
The Corporation shall ensure that at least 25 percent of its obligations from funds authorized to be appropriated under subparagraph (C) or otherwise made available for the Fund for Corporation projects are rated as highly impactful on the Impact Quotient assessment developed pursuant to section 1442(b)(1).
Section 1421(c)(3) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)(3)), is amended in subparagraph (C) by inserting , localized workforces, and partner country economic security after markets.
Section 1421(c)(4)(A) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)(4)(A)), by striking 30 and inserting 40.
Section 1421 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621) is amended by striking subsection (f) and inserting the following:
The Corporation may administer and manage special projects and programs in support of specific transactions undertaken by the Corporation —
for the provision of post-investment technical assistance for existing projects of the Corporation, including programs of financial and advisory support that provides private technical, professional, or managerial assistance in the development of Human Resources, skills, technology, or capital savings; or
subject to the nondelegable review and approval of the Board, to create holding companies or investment funds where the Corporation is the general partner, to provide international support that advance both the development objectives and foreign policy interests outlined in the purposes of this division if, not later than 30 days prior to entering into an agreement or other arrangement to provide support pursuant to this section, the Chief Executive Officer—
notifies the appropriate congressional committees; and
includes in the notification required by subparagraph (A) a certification that such support—
is designed to meet an exigent need that is critical to the national security interests of the United States; and
could not otherwise be secured utilizing the authorities under this section.
Section 1422 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9622) is amended—
in subsection (b), by striking paragraph (3) and inserting the following:
The Corporation shall, with respect to providing any loan guaranty to a project, require the parties to the project to bear a risk of loss on the project in an amount equal to at least 20 percent of the amount of such guaranty. The Corporation shall continue to work with the President to streamline the process for securing waivers that would enable the Corporation to may guarantee up to 100 percent of the amount of a loan, provided that risk of loss in the project borne by the parties to the project is equal to at least 20 percent of the guaranty amount.
by adding at the end the following new subsection:
The Corporation shall ensure that terms, conditions, penalties, rules for collections practices, and other finance administration policies that govern Corporation-backed lending, guarantees and other financial instruments through intermediaries are consistent with industry best practices and the Corporation’s rules with respect to direct lending to its clients.
The Corporation shall develop required truth in lending rules, guidelines, and related implementing policies and practices to govern secondary lending through intermediaries and shall report such policies and practices to the appropriate committees not later than 180 days of enactment of the DFC Modernization and Reauthorization Act of 2025, with annual updates, as needed, thereafter.
In developing such policies and practices required by paragraph (2), the Corporation shall—
take into account any particular vulnerabilities faced by potential applicants or recipients of micro-lending and other forms of micro-finance;
develop and apply, generally, rules and terms to ensure Corporation-backed lending through an intermediary does not carry excessively punitive or disproportionate penalties for customers in default;
ensure that such policies and practices include effective safeguards to prevent usurious or abusive lending by intermediaries, including in the provision of microfinance; and
ensure the intermediary includes in any lending contract an appropriate level of financial literacy to the borrower, including—
disclosures that fully explain to the customer both lender and customer rights and obligations under the contract in language that is accessible to the customer;
the specific loan terms and tenure of the contract;
any procedures and potential penalties or forfeitures in case of default;
information on privacy and personal data protection; and
any other policies that the Corporation determines will further the goal of an informed borrower.
The Corporation shall establish appropriate auditing mechanisms to oversee and monitor secondary lending, provided through intermediaries in partner countries in each annual report to Congress required under paragraph (2), a summary of the results of such audits.
Section 1424(a) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9624) is amended by striking the date of the enactment of this Act and inserting December 31, 2031.
Section 1431 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9631) is amended by adding at the end the following new subsection:
It is the sense of Congress that—
the Corporation is obligated to consult with and collect input from current employees, on plans to substantially reorganize the Corporation prior to implementation of such plan; and
the Corporation should consider preference, experience and, when relevant, seniority, when reassigning existing employees to new areas of work.
Section 1432(a)(10) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9632(a)(10)) is amended by striking until the expiration of the current lease under predecessor authority, as of the day before the date of the enactment of this Act.
Section 1433 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9633) is amended to read as follows:
The maximum contingent liability of the Corporation outstanding at any one time shall not exceed in the aggregate $200,000,000,000.
The maximum contingent liability shall apply to all extension of liability by the Corporation regardless of the authority cited thereto.
Section 1442 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9652) is amended—
in subsection (b)—
in paragraph (1), by striking the semicolon at the end and inserting the following:
to be known as the Corporation’s Impact Quotient, which shall—
serve as a metrics-based measurement system to assess a project’s expected outcomes and development impact on a country, a region, and populations throughout the sourcing, origination, management, monitoring, and evaluation stages of a project’s lifecycle;
enable the Corporation to assess development impact at both the project and portfolio level;
provide guidance on when to take appropriate corrective measures to further development goals throughout a project’s lifecycle; and
inform congressional notification requirements outlining the Corporation’s project development impacts;
in paragraph (3), by striking ; and and inserting a semicolon;
in paragraph (4), in the matter preceding subparagraph (A), by striking method for ensuring, appropriate development performance and inserting method for evaluating and documenting the development impacts; and
by adding at the end the following:
develop standards for, and a method for ensuring, appropriate monitoring of the Corporation’s compliance with environmental and social standards consistent with the guidance published by the Corporation following broad consultation with appropriate stakeholders to include civil society; and
develop standards for, and a method for ensuring, appropriate monitoring of the Corporation’s portfolio, including standards for ensuring employees or agents of the Corporation identify and conduct in-person site visits of each high-risk loan, loan guarantee, and equity project, as necessary and appropriate, after the initial disbursement of funds.
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
by inserting the following after subsection (b):
At any meeting of the Congressional Strategic Advisory Group, the Corporation shall be prepared discuss the standards developed in subsection (b) for all ongoing projects.
by inserting at the end the following:
The Corporation shall maintain an adequate number of full-time personnel with appropriate expertise to fulfill its obligations under this section and section 1443, including—
monitoring and evaluating the financial performance of the Corporation’s portfolio;
evaluating the development and strategic impact of investments throughout the program lifecycle;
preparing required annual reporting on the Corporation’s portfolio of investments, including the information set forth in section 1443(a)(6); and
monitoring for compliance with all applicable laws and ethics requirements.
Personnel assigned to carry out the obligations described in paragraph (1) shall possess demonstrable professional experience in relevant areas, such as development finance, financial analysis, investment portfolio management, monitoring and evaluation, impact measurement, or legal and ethics expertise.
The Corporation shall maintain such personnel within 1 or more dedicated units or offices, which shall—
be functionally independent from investment origination teams;
be managed by senior staff who report to the Chief Executive Officer or Deputy Chief Executive Officer; and
be allocated resources sufficient to fulfill the Corporation’s obligations under this section and to support transparency and accountability to Congress and to the public.
The Corporation may not reduce the staffing, funding, or organizational independence of the units or personnel responsible for fulfilling the obligations under this section unless—
the Chief Executive Officer certifies in writing to the appropriate congressional committees that such reductions are necessary due to operational exigency, statutory change, or budgetary shortfall; and
the Corporation includes in its annual report a detailed explanation of the impact of any such changes on its capacity to analyze and report on portfolio performance.
Section 1443 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9653) is amended—
in subsection (a)—
in paragraph (3), by striking ; and and inserting a semicolon;
in paragraph (4), by striking the period at the end and inserting a semicolon; and
by inserting at the end the following:
the United States strategic, foreign policy, and development objectives advanced through projects supported by the Corporation; and
the health of the Corporation’s portfolio, including an annual overview of funds committed, funds disbursed, default and recovery rates, capital mobilized, equity investments’ year on year returns, and any difference between how investments were modeled at commitment and how they ultimately performed; to include a narrative explanation explaining any changes.
in subsection (b)—
in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following:
the desired development impact and strategic outcomes for projects, and whether or not the Corporation is meeting the associated metrics, goals, and development objectives, including, to the extent practicable, in the years after conclusion of projects;
whether the Corporation’s support for projects that focus on achieving strategic outcomes are achieving such strategic objectives of such investments over the duration of the support and lasting after the Corporation’s support is completed;
the value of private sector assets brought to bear relative to the amount of support provided by the Corporation and the value of any other public sector support;
the total private capital projected to be mobilized by projects supported by the Corporation during that year, including an analysis of the lenders and investors involved and investment instruments used;
the total private capital actually mobilized by projects supported by the Corporation that were fully funded by the end of that year, including—
an analysis of the lenders and investors involved and investment instruments used; and
a comparison with the private capital projected to be mobilized for the projects described in this paragraph;
a breakdown of—
the amount and percentage of Corporation support provided to less developed countries, advancing income countries, and high-income countries in the previous fiscal year; and
the amount and percentage of Corporation support provided to less developed countries, advancing income countries and high-income countries averaged over the last 5 fiscal years;
a breakdown of the aggregate amounts and percentage of the maximum contingent liability of the Corporation authorized to be outstanding pursuant to section 1433 in less developed countries, advancing income countries, and high-income countries;
the risk appetite of the Corporation to undertake projects in less developed countries and in sectors that are critical to development but less likely to deliver substantial financial returns; and
efforts by the Chief Executive Officer to incentivize calculated risk-taking by transaction teams, including through the conduct of development performance reviews and provision of development performance rewards;
in paragraph (3)(B), by striking ; and and inserting a semicolon;
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following:
to the extent practicable, recommendations for measures that could enhance the strategic goals of projects to adapt to changing circumstances; and
Section 1444 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9654) is amended in paragraph (1) to read as follows:
maintain a user-friendly, publicly available, machine-readable database with detailed project-level information, as appropriate and to the extent practicable, including a description of the support provided by the Corporation under title II, which shall include, to the greatest extent feasible for each project—
the information included in the report to Congress under section 1443;
project-level performance metrics; and
a description of the development impact of the project, including anticipated impact prior to initiation of the project and assessed impact during and after the completion of the project; and
Section 1446 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9656) is amended—
in subsection (b)—
in paragraph (2), by striking ; and and inserting a semicolon;
in paragraph (3)—
by inserting the Corporation’s impact quotient outlining after asset and; and
by striking the period at the end and inserting ; and; and
by adding at the end the following:
information relating to whether the Corporation has accepted a creditor status that is subordinate to that of other creditors in the project, activity, or asset; and
for all projects, activities, or assets that the Corporation has accepted a creditor status that is subordinate to that of other creditors the Corporation shall include a description of the substantive policy rationale required by section 1422(b)(12) that influenced the decision to accept such a creditor status.
by adding at the end the following new subsection:
For every equity investment above $10,000,000 that the Corporation enters into, the Corporation shall submit to Congress a notification that includes—
the information required by section (b); and
a plan for how the Corporation plans to use any Board seat the Corporation is entitled to as a result of such equity investment, including any individual the Corporation plans to appoint to the Board and how the Corporations plans to use such Board seat to further United States strategic goals.
Section 1451 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9671) is amended—
in subsection (a), by striking 5 percent and inserting 2.5 percent;
in subsection (e)(3) by inserting , consistent with international financial institution standards, after best practices; and
by adding at the end the following:
The Corporation shall develop appropriate policies and guidelines for support provided under title II for a project involving a state-owned enterprise, sovereign wealth fund, or a parastatal entity to ensure such support is provided consistent with appropriate principles and practices of competitive neutrality.
The Corporation may not provide support under title II for a project that involves a private sector entity engaged in anticompetitive practices.
The Corporation may not provide support under title II for projects—
that involve partnerships with the government of a country of concern or a state-owned enterprise that belongs to or is under the control of a country of concern; or
that would be operated, managed, or controlled by the government of a county of concern or a state-owned enterprise that belongs to or is under the control of a country of concern.
The President may waive the restriction under subparagraph (B)(i) on a project-by-project basis if the President submits to the appropriate congressional committees—
a certification, which may be included as a classified or confidential annex to a report required by section 1446, that such support is important to the national security interests of the United States; and
a written justification of how such support directly counters or significantly limits the influence of an entity described in such subparagraph.
In this subsection:
The term state-owned enterprise means any enterprise established for a commercial or business purpose that is directly owned or controlled by one or more governments, including any agency, instrumentality, subdivision, or other unit of government at any level of jurisdiction.
The term control, with respect to an enterprise, means the power by any means to control the enterprise regardless of—
the level of ownership; and
whether or not the power is exercised.
The term owned, with respect to an enterprise, means a majority or controlling interest, whether by value or voting interest, of the shares of that enterprise, including through fiduciaries, agents, or other means.
The European Energy Security and Diversification Act of 2019 (title XX of division P of Public Law 116–94; 22 U.S.C. 9501 note) is repealed.
This subtitle may be cited as the Defending International Security by Restricting Unacceptable Partnerships and Tactics Act or DISRUPT Act.
Congress makes the following findings:
The People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea are each considered—
a foreign adversary (as defined in section 825(d) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 322; 46 U.S.C. 50309 note));
a country of risk (as defined in section 6432(a) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2488; 42 U.S.C. 7144b note)) for purposes of assessing counterintelligence risks posed by certain visitors to National Laboratories;
a foreign country of concern (as defined in section 10612(a) of the Research and Development, Competition, and Innovation Act (Public Law 117–167; 136 Stat. 1635; 42 U.S.C. 19221 note));
a covered foreign country (as defined in section 164 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118159; 138 Stat. 1818; 10 U.S.C. 4651 note prec.)) for purposes of a prohibition on operation, procurement, and contracting relating to foreign-made light detection and ranging technology; and
a covered foreign country (as defined in section 1622 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 11781; 135 Stat. 2086; 10 U.S.C. 421 note prec.)) for purposes of a strategy and plan to implement certain defense intelligence reforms.
According to the 2025 Intelligence Community Annual Threat Assessment, the United States faces an increasingly contested and dangerous global landscape as the four adversaries named in paragraph (1) deepen cooperation in a manner that—
reinforces threats posed by each such adversary individually; and
poses new challenges to the strength and power of the United States globally.
Much of the cooperation referred to in paragraph (2) is occurring bilaterally, as the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea strengthen diplomatic, economic, and military ties in accordance with bilateral agreements, which include—
the Treaty on Friendship, Cooperation and Mutual Assistance between China and the Democratic People’s Republic of Korea, signed at Beijing July 11, 1961;
the Joint Statement on Comprehensive Strategic Partnership between the Islamic Republic of Iran and the People's Republic of China, issued on March 27, 2021;
the Joint Statement of the Russian Federation and the People's Republic of China on International Relations Entering a New Era and Global Sustainable Development, issued on February 4, 2022;
the Treaty on Comprehensive Strategic Partnership between the Russian Federation and the Democratic People’s Republic of Korea, signed at Pyongyang June 18, 2024;
the Iranian-Russian Treaty on Comprehensive Strategic Partnership, signed at Moscow January 17, 2025; and
traditional relations of friendship and cooperation between the Islamic Republic of Iran and the Democratic People’s Republic of Korea.
The most concerning forms of such cooperation with respect to the interests of the United States occur bilaterally in the realm of defense cooperation. Examples include the following:
Since 2022, the Islamic Republic of Iran has supplied the Russian Federation with drones and ballistic missiles, and the Democratic People’s Republic of Korea has provided artillery ammunition and ballistic missiles. Likewise, the Russian Federation has agreed to provide the Islamic Republic of Iran with Su–35 fighter jets and air defense assistance.
Dual-use goods supplied by the People’s Republic of China have enabled the Russian Federation to continue defense production in the face of wide-ranging sanctions and export controls intended to prevent the Russian Federation from accessing the necessary components to fuel its defense industry. In turn, reporting indicates that the Russian Federation has provided technical expertise on satellite technology to the Democratic People’s Republic of Korea and is working closely with the People’s Republic of China on air defense and submarine technology.
The military forces of the Democratic People’s Republic of Korea are actively participating in the Russian Federation's invasion of Ukraine, and joint military exercises between the People’s Republic of China and the Russian Federation are expanding in scope, scale, and geographic reach, including in close proximity to territory of the United States.
Coordination on disinformation and cyber operations, including coordinated messaging aimed at denigrating and isolating the United States internationally.
Adversaries of the United States are also cooperating in a manner that may circumvent United States and multilateral economic tools. Examples include the following:
The continued purchase by the People’s Republic of China of oil from the Islamic Republic of Iran despite sanctions imposed by the Treasury of the United States on oil from the Islamic Republic of Iran.
The veto by the Russian Federation of, and abstention by the People’s Republic of China in a vote on, a United Nations Security Council resolution relating to monitoring United Nations Security Council-levied sanctions on the Democratic People’s Republic of Korea.
Adversaries of the United States are cooperating multilaterally in international institutions such as the United Nations and through expanded multilateral groupings, such as the Brazil-Russia-India-China-South Africa group (commonly known as BRICS), to isolate and erode the influence of the United States.
Such increased cooperation and alignment among the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea, to an unprecedented extent, poses a significant threat to United States interests and national security.
Such increasing alignment—
allows each such adversary to modernize its military more quickly than previously anticipated;
enables unforeseen breakthroughs in capabilities through the sharing among such adversaries of critical military technologies, which could erode the technological edge of the United States Armed Forces;
presents increasing challenges to strategies of isolation or containment against such individual adversaries, since the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea now provide critical lifelines to each other;
threatens the effectiveness of United States economic tools, as such adversaries cooperate to evade United States sanctions and export controls and seek to establish alternative payment mechanisms that do not require transactions in United States dollars; and
increases the chances of United States conflict or tensions with any one of such adversaries drawing in another, thereby posing a greater risk that the United States will have to contend with simultaneous threats from such adversaries in one or more theaters.
It is the policy of the United States—
to disrupt or frustrate the most dangerous aspects of cooperation between and among the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea, including by using the threat of sanctions and export controls, bringing such cooperation to light, and sharing information with United States allies and partners who may—
share the concerns and objectives of the United States; and
have influence over such adversaries;
to constrain such grouping from expanding its footprint or capabilities across the world; and
to prepare for the increasing likelihood that the United States could face simultaneous challenges or conflict with multiple such adversaries in multiple theaters, including by bolstering deterrence across all priority theaters.
Not later than 60 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, and the Secretary of Commerce shall each—
establish a task force on adversary alignment; and
designate a point of contact on adversary alignment, who shall serve as the head of the task force for the applicable department, office, or agency.
Each task force established pursuant to paragraph (1) shall—
comprise—
subject matter experts covering each of—
the People's Republic of China;
the Russian Federation;
the Islamic Republic of Iran; and
the Democratic People’s Republic of Korea;
representatives covering all core functions of the department, office, or agency of the Secretary or Director establishing the task force; and
a mix of analysts, operators, and senior management;
ensure that the task force members have the requisite security clearances and access to critical compartmented information streams necessary to assess and understand the full scope of adversary cooperation, including how events in one theater might trigger actions in another; and
not later than 180 days after the date of the enactment of this Act, submit to the Secretary or Director who established the task force, and to the appropriate committees of Congress, a report—
evaluating the impact of adversary alignment on the relevant operations carried out by the individual department, office, or agency of the task force; and
putting forth recommendations for such organizational changes as the task force considers necessary to ensure the department, office, or agency of the task force is well positioned to routinely evaluate and respond to the rapidly evolving nature of adversary cooperation and the attendant risks.
Not less frequently than quarterly, the heads of the task forces established under this section shall meet to discuss findings, problems, and next steps with respect to adversary alignment.
Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the head of any Federal agency the Director considers appropriate, shall submit to the President, any Federal officer of Cabinet-level rank the Director considers appropriate, and the appropriate committees of Congress, a report on bilateral and multilateral cooperation among adversaries of the United States and the resulting risks of such cooperation.
The report required by paragraph (1) shall include the following:
A description of the current nature and extent of bilateral or multilateral cooperation among the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea across the diplomatic, information, military, and economic spheres, and an assessment of the advantages that accrue to each adversary from such cooperation.
An assessment of the trajectory for cooperation among the adversaries described in subparagraph (A) during the 5-year period beginning on the date on which the report is submitted.
An outline of the risks to the United States and allied diplomatic, military, intelligence, and economic operations, and broader security interests around the world, including the following:
The risk of technology transfers dramatically increasing the military capabilities of adversaries of the United States and the impact on the relative balance of United States and allied capabilities as compared to that of the adversary.
The risk posed to the United States by efforts made by adversaries to establish alternate payment systems, in particular with respect to the dominance of the United States dollar and the effectiveness of United States sanctions and export control tools.
The risk that an adversary of the United States might assist or otherwise enable another adversary of the United States in the event that one or more adversaries become party to a conflict with the United States.
The risk that adversary cooperation poses a growing threat to United States intelligence collection efforts.
An evaluation of the vulnerabilities and tension points within such adversary bilateral or multilateral relationships, and an assessment of the likely effect of efforts by the United States to separate adversaries.
The report required by paragraph (1) may be completed using reports submitted by the Director of National Intelligence to satisfy other statutory requirements.
The report submitted required by paragraph (1) shall be submitted in classified form.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the Director of National Intelligence, shall submit to the appropriate committees of Congress a report outlining the strategic approach of the United States to adversary alignment and the necessary steps to disrupt, frustrate, constrain, and prepare for adversary cooperation during the two-year period beginning on the date of the enactment of this Act.
The report required by paragraph (1) shall include the following:
A detailed description of the methods and tools available to the United States to disrupt the most dangerous elements of adversary cooperation, including the growing connectivity between the defense industrial bases of each adversary.
A timeline for using diplomatic engagement, intelligence diplomacy, security cooperation, and foreign assistance, as appropriate—
to educate allies and partners about the increasing risk of adversary alignment;
to secure the support of allies and partners in combating adversary alignment; and
to assess and help address, as appropriate, the vulnerabilities and capability gaps of allies and partners to counter threats from adversary alignment.
A plan for ensuring the integrity of United States methods of economic statecraft, including an assessment of the efficiency of the United States sanctions and export control enforcement apparatus and any accompanying resourcing requirements.
A clear plan to bolster deterrence within the priority theaters of the Indo-Pacific region, Europe, and the Middle East by—
increasing United States and allied munitions stockpiles, particularly such stockpiles that are most critical for supporting frontline partners such as Israel, Taiwan, and Ukraine in the event of aggression by a United States adversary;
facilitating collaborative efforts with allies for the co-production, co-maintenance, and co-sustainment of critical munitions and platforms required by the United States and allies and partners of the United States in the event of a future conflict with the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democratic People’s Republic of Korea; and
more effectively using funding through the United States Foreign Military Financing program to support allied and partner domestic defense production that can contribute to deterrence in each such priority theater.
A plan for digitizing and updating war-planning tools of the Department of Defense not later than 1 year after the date on which the report is submitted to ensure that United States war planners are better equipped to update and modify war plans in the face of rapidly evolving information on adversary cooperation.
An assessment of the capability gaps and vulnerabilities the United States would face in deterring an adversary in the event that the United States is engaged in a conflict with another adversary, and a plan to work with allies and partners to address such gaps and vulnerabilities.
The report required by paragraph (1) shall be submitted in classified form.
In this section, the term appropriate committees of Congress means—
the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate; and
the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on Energy and Commerce of the House of Representatives.
Of the $282,830,000 authorized to be appropriated to the Department of Defense for fiscal year 2026 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:
For strategic offensive arms elimination, $6,249,000.
For chemical weapons destruction, $25,292,000.
For global nuclear security, $38,134,000.
For cooperative biological engagement, $137,686,000.
For proliferation prevention, $47,146,000.
For activities designated as Other Assessments/Administrative Costs, $28,323,000.
Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2026, 2027, and 2028.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
Amounts authorized to be appropriated under subsection are authorized for—
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521); and
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2026 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501.
Section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)) is amended—
by inserting (1) after (b);
by striking or (5) and inserting or (6);
by striking has been specifically authorized by law and inserting was included in the most recent annual materials plan submitted to the congressional defense committees (as defined in section 101(a) of title 10, United States Code) under section 11(b)(1)(G); and
by adding at the end the following new paragraph:
Not later than 15 days after making a disposal under paragraph (1), the National Defense Stockpile Manager shall notify the congressional defense committees of the disposal.
Section 6(a) of such Act (50 U.S.C. 98e(a)) is amended—
in the matter preceding paragraph (1), by striking President and inserting National Defense Stockpile Manager; and
by amending paragraph (7) to read as follows:
dispose of materials in the stockpile in accordance with the most recent annual materials plan submitted to the congressional defense committees under section 11(b)(1)(G) and notify the congressional defense committees of such disposals as required by section 5(b)(2).
Sections 5(a)(2), 6(d)(1), and 6(d)(2) of such Act (50 U.S.C. 98d(a)(2), 98e(d)(1), 98e(d)(2)) are each amended by striking 45 days and inserting 30 days.
There is hereby authorized to be appropriated for fiscal year 2026 from the Armed Forces Retirement Home Trust Fund the sum of $77,000,000 for the operation of the Armed Forces Retirement Home.
The preparation of the Notice of Intent to prepare an Environmental Assessment for Rocket Cargo Test and Demonstration at Johnston Atoll, United States (Demonstration at Johnston Atoll, United States (EAXX-007-57-USF-1728497279, March 3, 2025)) shall not be effective until further modification includes consideration of the Ronald Reagan Ballistic Missile Defense Test Site, United States Army Garrison–Kwajalein Atoll, Republic of the Marshall Islands. Such environmental impact analysis shall also include a comparison of estimated costs for supporting the collection of essential testing data at each location.
The Secretary of Defense shall conduct a study to assess the operational capacity, infrastructure, and long-term sustainability of heavy and super heavy space launch sites at Cape Canaveral Space Force Station and Vandenberg Space Force Base, with a focus on evaluating the suitability of such sites for ongoing and future missions, and to explore alternate launch locations that may offer advantages with respect to mission-efficiency, cost-effectiveness, and strategic value.
The study required by subsection (a) shall include the following:
An analysis of the current capacity and use of the heavy and super heavy space launch sites at Cape Canaveral Space Force Station and Vandenberg Space Force Base, including existing infrastructure, launch frequencies, and operational efficiency.
A detailed evaluation of the infrastructure at Cape Canaveral Space Force Station and Vandenberg Space Force Base, including transportation access, environmental considerations, safety protocols, the adequacy of current facilities to support heavy and super heavy space launches, and the estimated costs of maintaining and upgrading such infrastructure.
A review of environmental regulations, policies, and potential impacts related to heavy and super heavy space launches at Cape Canaveral Space Force Station and Vandenberg Space Force Base, including any limitations or challenges imposed by Federal, State, or local regulations and an evaluation of potential strategies to mitigate adverse environmental effects.
A comparative analysis of alternate locations for heavy and super heavy space launches, including sites on Federal lands, private land partnerships, and locations outside the continental United States. Such analysis shall consider geographic, environmental, logistical, and regulatory factors that may make alternate locations viable or advantageous, including cost comparisons and potential challenges in establishing infrastructure at such locations.
An examination of the manner in which Cape Canaveral Space Force Station, Vandenberg Space Force Base, and any potential alternate locations align with national defense and space exploration goals, including launch site proximity to key orbital paths, security considerations, and redundancy for critical missions.
An exploration of the manner in which advancements in space launch technology, including reusable launch vehicles and space traffic management, could influence the future demand and operational needs for heavy and super heavy space launch sites.
An assessment of any innovative technologies that could enhance the capacity or reduce the environmental impact of existing or alternate heavy and super heavy space launch sites.
A financial analysis of the long-term costs associated with the use and maintenance of Cape Canaveral Space Force Station and Vandenberg Space Force Base for heavy and super heavy space launches, and the estimated costs for establishing and operating alternative heavy and super heavy space launch sites. Such analysis shall include considerations applicable to Government funding, private sector partnerships, and cost-sharing models.
The study required by subsection (a) shall be conducted in consultation with relevant stakeholders, including commercial space industry representatives, environmental agencies, and local governments.
Not later than March 31, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the study required by subsection (a).
The report required by paragraph (1) shall include the following:
Recommendations on the future use of heavy and super heavy space launch sites at Cape Canaveral Space Force Station, Vandenberg Space Force Base, and alternate locations.
A summary of findings and recommendations on the continued use of Cape Canaveral Space Force Station and Vandenberg Space Force Base for heavy and super heavy space launches.
A detailed analysis of alternate launch sites, including strategic, operational, and financial considerations.
Policy recommendations for addressing infrastructure needs, environmental concerns, and regulatory challenges for heavy and super heavy space launch operations.
A summary of stakeholder input and any proposed legislative or regulatory changes based on the findings of the study.
The Secretary of Defense shall acquire and operate space systems to be used primarily for space warfighting and control to meet the requirements specified by one or more combatant commanders in carrying out the responsibilities set forth in section 164 of title 10, United States Code.
One or more commercial space systems may be used to augment the space systems acquired and operated under subsection (a).
The Secretary may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national security interest of the United States.
Not later than 10 days after exercising the waiver authority under paragraph (a), the Secretary shall submit to the congressional defense committees a notification of the use of such authority that includes—
a description of the national security interest upon which the exercise of such authority is based;
the anticipated vulnerabilities to national security posed by the use of such waiver; and
the anticipated duration of such waiver.
Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall publish a liquid oxygen and methane blast damage assessment guide for space launch vehicles at Air Force launch complexes.
Not later than 30 days after the date on which the assessment guide required by subsection (a) is published, the Secretary shall—
notify the congressional defense committees of such publication; and
provide the congressional defense committees with a briefing on the contents of the assessment guide.
The Secretary may waive the one-year publication timeline under subsection (a) for national security purposes, or if the Secretary determines that such timeline is impractical, if the Secretary notifies the congressional defense committees with respect to an alternate date on which the publication shall occur.
The Secretary may exercise the waiver authority under paragraph (1) not more than once.
Congress finds that robust competition in the space industrial base is essential to ensuring United States space superiority and the ability of the United States Space Force to provide national security mission-critical space warfighting systems and operations across the joint force.
Chapter 135 of title 10, United States Code, is amended by adding at the end the following new section:
The head of an agency shall, to the maximum extent practicable, ensure that—
space acquisitions employ procedures that maximize competition; and
mission-critical national security space-based systems that deliver space-based tactical data within a program and across the armed forces shall, to the greatest extent practicable, be procured from an open competition allowing for competition between multiple vendors, and the products of such vendors shall comply with interfaces and standards that maximize resilience and interoperability with Department of Defense systems.
The table of sections for chapter 135 of title 10, United States Code, is amended by adding at the end the following new item:
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 tranches of the of the proliferated warfighter space architecture of the Agency:
Tranch 4.
Tranch 5.
Tranch 6.
Any tranche of satellites 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.
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).
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.
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.
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—
on the basis of the review conducted under paragraph (1), determines that the use of a middle tier acquisition program is not warranted for such tranch or portion thereof; and
not later than 14 days after making such determination, submits to the congressional defense committees notice of the intent of the Council to issue such a waiver.
In this section, the term middle tier acquisition program means an acquisition program or project that is carried out using the rapid fielding or rapid prototyping acquisition pathway under section 3602 of title 10, United States Code, 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).
The Secretary of Defense shall continue to operate the Defense Meteorological Satellite Program until the end of the functional life of the satellites in orbit as of the date of the enactment of this Act under such program.
Not later than 60 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 of the Defense Meteorological Satellite Program;
the requirements, capabilities, and costs for such program for fiscal year 2026; and
the projected costs—
to carry out such program for the functional life of the satellites in orbit as of the date of the enactment of this Act under such program; and
to replace the satellite functions under such program.
Not later than September 30, 2033, and subject to the availability of appropriations for such purpose, the Secretary of Defense, acting through the Secretary of the Air Force, shall ensure the LGM-35A Sentinel Intercontinental Ballistic Missile weapon system achieves initial operational capability, as defined jointly by the Commander of United States Strategic Command and the Commander of Air Force Global Strike Command.
Section 9062 of title 10, United States Code, is amended by adding at the end the following new subsection:
The Secretary of the Air Force shall maintain a total inventory of intercontinental ballistic missiles sufficient to ensure that no fewer than 400 such missiles are available for deployment at all times.
Such intercontinental ballistic missiles shall be deployed among no fewer than 150 launch facilities dispersed across each of the following locations (for a total of no fewer than 450):
Francis E. Warren Air Force Base, Laramie County, Wyoming.
Malmstrom Air Force Base, Cascade County, Montana.
Minot Air Force Base, Ward County, North Dakota.
In this subsection:
The term intercontinental ballistic missile means any combination of the LGM-30A Minuteman intercontinental ballistic missile or the LGM-35A Sentinel intercontinental ballistic missile.
The term deployed means armed with one or more nuclear weapons and contained within a launch facility and available for employment in support of United States Strategic Command requirements or presidentially directed operations.
Except as provided in paragraph (2), none of the funds authorized to be appropriated by this Act for fiscal year 2026 or otherwise made available for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:
Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.
Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than that specified by subsection (n) of section 9062 of title 10, United States Code, as added by subsection (b).
The prohibition in paragraph (1) shall not apply to any of the following activities:
The maintenance or sustainment of intercontinental ballistic missiles.
Ensuring the safety, security, or reliability of intercontinental ballistic missiles.
Facilitating the transition from the LGM-30G Minuteman III intercontinental ballistic missile to the Sentinel LGM-35A intercontinental ballistic missile.
Not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force shall reverse any changes made to the manpower, composition, roles, or responsibilities of the Air Force Global Strike Command related to efforts to establish an Integrated Capabilities Office or an Integrated Capabilities Command since October 1, 2023.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of the Air Force, not more than 75 percent may be obligated or expended until the Secretary of the Air Force notifies the congressional defense committees that the requirement described in paragraph (1) has been completed.
Neither the Secretary of the Air Force nor the Chief of Staff of the Air Force may authorize any alterations or adjustments to the composition, roles, or responsibilities of Air Force Global Strike Command in the development of requirements relating to strategic deterrence or the execution of Joint Forces Air Component Command operational and planning support for the United States Strategic Command unless—
the Secretary of Defense, jointly with the Commander of United States Strategic Command, certifies to the congressional defense committees that such alterations or adjustments will not adversely affect the missions of the United States Strategic Command missions in supporting the operational requirements of the United States Strategic Command or activities of the Department of Defense to achieve presidential nuclear employment guidance objectives; and
a period of not fewer than 180 days elapse following such certification.
Section 9040(b) of title 10, United States Code, is amended—
in the matter preceding paragraph (1), by inserting in coordination with the Commander of Air Force Global Strike Command after duties;
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
by inserting after paragraph (1) the following new paragraph (2):
Coordinate with and support the activities of Air Force Global Strike Command, the Air Force Nuclear Systems Center, and any other applicable Air Force organization in the sustainment and modernization of weapon systems associated with the nuclear deterrence mission of the Air Force.
in paragraph (4), as so redesignated, by striking and the Chief of Staff of the Air Force and inserting, , the Chief of Staff of the Air Force, and the Commander of Air Force Global Strike Command.; and
by adding at the end the following:
Represent Air Force nuclear deterrence mission equities on behalf of the Chief of Staff of the Air Force and the Commander of Air Force Global Strike Command within the Nuclear Weapons Council processes and other Department of Defense fora, as appropriate.
Consistent with section 9040(b) of title 10, United States Code, as amended by subsection (b), the provisions of Air Force Mission Directive 63, dated July 12, 2018, shall remain in force until changed by law.
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall issue an update to Air Force Program Action Directive D16-01, dated August 2, 2016, to reflect the requirements of this section.
Section 211 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended to read as follows:
The Secretary of the Air Force shall ensure that the B-21 bomber is—
operationally certified to employ nuclear gravity bombs not later than 180 days after the date on which such aircraft achieves initial operational capability; and
operationally certified to employ the AGM-181 Long Range Standoff Weapon not later than two years after the date on which either the B-21 bomber or the AGM-181 Long Range Standoff Weapon achieves initial operational capability, whichever is later.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Defense-Wide, to the Office of the Under Secretary of Defense for Policy and the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense notifies the congressional defense committees that the Department of Defense has—
updated all applicable regulations, polices, and departmental guidance to reflect the establishment of the Office of the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs; and
realigned personnel, facilities, and budgetary resources to reflect the implementation of section 138(b)(4) of title 10, United States Code.
Section 179 of title 10, United States Code, is amended—
in subsection (a), in the first sentence, by inserting The Council shall be the primary mechanism for integrating, streamlining, and ensuring unity of purpose and direction for nuclear deterrence related activities within the Department of Defense and the Department of Energy. after Energy.;
in subsection (c), by striking paragraph (3);
in subsection (d)—
by redesignating paragraphs (1) through (13) as paragraphs (2) through (14), respectively;
by inserting before paragraph (2), as so redesignated, the following:
Supervising nuclear deterrence activities of the Department of Defense and the National Nuclear Security Administration, including oversight of policy and resources, and developing options for adjusting the deterrence posture of the United States in response to evolving international security conditions.
by amending paragraph (6), as so redesignated, to read as follows:
Evaluating safety, security, and control issues for existing weapons and for proposed new weapon program starts and approving adjustments as required.
in paragraph (7), as so redesignated, by striking Ensuring that adequate consideration is given to and inserting Approving;
by amending paragraph (8), as so redesignated, to read as follows:
Providing specific guidance regarding priorities for research on—
nuclear weapon delivery systems and platforms and priorities on military capability development within the armed forces and the broader Department of Defense; and
nuclear weapons and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration.
by amending paragraph (9), as so redesignated, to read as follows:
Coordinating and approving activities conducted by the Department of Defense and the Department of Energy for the study, development, production, and retirement of nuclear warheads and weapon systems, including concept definition studies, feasibility studies, engineering development, hardware component fabrication, warhead and weapon system production, and warhead retirement.
in paragraph (10), as so redesignated, by inserting and weapon system after warhead;
in paragraph (12), as so redesignated, by inserting and related weapon systems supporting nuclear deterrence missions after weapons; and
in paragraph (14), as so redesignated—
by inserting and approving after Coordinating; and
by inserting systems and after delivery; and
by amending subsection (f)(1) to read as follows:
The Council shall annually review the plans and budget of the National Nuclear Security Administration and the Military Services to assess whether such plans and budget meet the current and projected requirements relating to nuclear weapons and related weapon systems supporting nuclear deterrence missions.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Air Force, and available to the Office of the Secretary of the Air Force for travel purposes, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense notifies the congressional defense committees that the delegation of authority described in section 1638(e) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2941) has been completed.
Section 1640 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 595) is amended—
by redesignating subsections (b), (c), (d), (e), (f), and (g), as subsections (c), (d), (e), (f), (g), and (h), respectively;
by inserting after subsection (a) the following new subsection (b):
In parallel to the major defense acquisition program described in subsection (a), the Department of Defense is authorized to utilize the middle tier acquisition authorities established by section 3602 of title 10, United States Code, to rapidly develop, prototype, and field a nuclear-armed, sea-launched cruise missile that can provide for a residual operational capability prior to the date of initial operational capability established by subsection (c).
in subsection (c), as so redesignated, by striking 2034 and inserting 2032.
The Secretary of the Air Force, in coordination with the Commander of the Air Force Global Strike Command, is authorized to carry out a pilot program under which the Secretary may establish a partnership to assess the feasibility and effectiveness of implementing a low cost and repeatable resupply of intercontinental ballistic missile launch facilities or control centers using unmanned aircraft systems.
If the Secretary carries out the pilot program authorized under subsection (a), such pilot program shall include—
demonstration flights conducted in unrestricted airspace, including the transportation of cargo, from a main Air Force Base to intercontinental ballistic missile launch facilities or control centers;
consultation with the Administrator of the Federal Aviation Administration and the heads of other Federal agencies, as the Secretary determines appropriate, to facilitate the flights described in paragraph (1);
the use of existing technology to the greatest extent possible;
an evaluation of the potential of unmanned aircraft systems to resupply intercontinental ballistic missile launch facilities or control centers more efficiently than ground-based resupply methods; and
the incorporation, implementation, and utilization of unmanned aircraft system service supplier airspace system integration services for enhanced safety, awareness, and command and control.
The authorization to carry out the pilot program under subsection (a) shall terminate on the date that is 3 years after the date on which the Secretary establishes such a pilot program.
Not later than December 1 of each year in which the pilot program authorized under subsection (a) is carried out, the Secretary of the Air Force shall submit to the congressional defense committees a report summarizing the activities of the pilot program during the preceding year, including information on how the pilot program is supporting Air Force Global Strike Command requirements.
Not later than 180 days after the establishment of a pilot program authorized under subsection (a), the Secretary of the Air Force shall brief the congressional defense committees on any statutory adjustments required to enable or continue the efficient execution of such pilot program.
In this section, the term intercontinental ballistic missile launch facility or control center has the meaning given that term in section 183a(h) of title 10, United States Code.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Defense-Wide, to the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 90 percent may be obligated or expended until the date on which the Under Secretary of Defense for Acquisition and Sustainment completes the first annual briefing to the congressional defense committees required by section 1637 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159).
The Secretary of the Air Force, acting through the Commander of the Air Force Global Strike Command, shall ensure that each launch control center within the 3 missile wings comprising the 20th Air Force undergoes a deep cleaning of its crew capsules every 5 years until each such launch control center is decommissioned by the Sentinel intercontinental ballistic missile program.
The Commander of the Air Force Global Strike Command may waive the deep cleaning of a particular launch control center based upon conditions that are unforeseen, impracticable, or due to national security. If such a waiver is exercised, the Commander shall report to the congressional defense committees the particular launch control center that is waived and when such launch control center is expected to be deep cleaned.
Each fiscal year, the Secretary of the Air Force shall submit to the congressional defense committees a report that identifies each launch control center that was deep cleaned during such fiscal year and any additional matters of concern with respect to the launch control centers.
Unless authorized by an Act of Congress, no action shall be taken to establish or implement a requirement to establish a cap on reimbursement of compensation and benefits for non-federal employees under contract with the National Nuclear Security Administration or employees of any Federally-funded research and development center supporting—
any atomic energy defense activity, as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101);
the sustainment and modernization of—
nuclear weapons delivery systems and platforms of the Department of Defense;
nuclear command, control, and communications systems of the Department; or
any infrastructure associated with subparagraph (A) or (B); or
the development, testing, or fielding of technologies supporting the Golden Dome missile defense system.
Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, the requirements of section 3744(a)(16) of title 10, United States Code, or section 4304(a)(16) of title 41, United States Code.
Section 5501 of title 10, United States Code, is amended—
by striking paragraphs (1) and (2); and
by adding at the end the following new paragraphs:
to provide for the common defense of citizens of the United States and the United States by deploying and maintaining a next-generation missile defense shield;
to deter and defend the United States, citizens of the United States, and critical infrastructure of the United States, against the threat of foreign attack by increasingly complex ballistic, hypersonic glide, and cruise missiles, and other advanced aerial threats;
to guarantee the viability of an effective nuclear response capability and support the continued deterrence of strategic attacks against the homeland of the United States; and
to cooperate on missile defense capabilities and technologies with allies and partners of the United States to aid in the defense of allied and partner populations and forward-deployed armed forces of the United States.
Concurrent with the first submission to Congress of a budget pursuant to section 1105(a) of title 31, United States Code, after the date of the enactment of this Act, and with each submission of a budget to Congress pursuant to such section until the Secretary of Defense determines that the Golden Dome missile defense system achieves full operational capability, the Secretary shall provide to the congressional defense committees a briefing on the development and deployment of the Golden Dome missile defense system.
Each briefing under paragraph (1) shall cover the following:
The current architecture of the Golden Dome missile defense system as compared to the prior year.
A consolidated list of funds estimated within the most recent future-years defense program under section 221 of title 10, United States Code, for the Golden Dome missile defense system as compared to the prior fiscal year, including with respect to—
missile defense and defeat systems;
missile defense interceptors;
missile warning and tracking systems;
network and communications systems;
research, development, test, and evaluation;
software development;
military construction;
operations and maintenance, including advanced planning and infrastructure sustainment, renovation, and maintenance funds;
civilian and military personnel; and
such other matters as the Secretary considers appropriate.
Each briefing under paragraph (1) shall include notable highlights and changes affecting the progress towards initial and full operational capability of the Golden Dome missile defense system.
Beginning not later than 30 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall initiate such actions as are necessary to establish and ensure the validation of requirements for two replacement missile instrumentation range safety vessels for the National Defense Reserve Fleet to allow for the construction of such vessels to begin no later than September 30, 2026.
The Director shall, in coordination with such Department of Defense officials as the Director considers necessary to carry out subparagraph (A), consult with the Maritime Administrator regarding options to enter into an agreement with a vessel construction manager, or other appropriate entity, to contract for the construction of the vessels under subparagraph (A).
A vessel constructed pursuant to this subsection shall be available for use by other Federal agencies on a reimbursable basis, provided such usage does not—
interfere with or delay Department of Defense testing requirements;
impede activities to maintain the operational availability of such vessel or any instrumentation onboard; or
result in deferment of any modifications, maintenance, or upgrades to such vessel or onboard instrumentation the Director determines necessary to meet current or future Department requirements.
The Director shall take such steps as may be necessary to ensure a vessel constructed pursuant to this section meets the requirements for and be issued a certificate of documentation and a coastwise endorsement under chapter 121 of title 46, United States Code.
Subject to paragraph (3), the Director shall take such steps as necessary to ensure a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
The Director may consult and coordinate with other Federal entities regarding the vessels described in paragraph (1) and activities associated with such vessels, including requirements for additional, similar vessels.
In assessing options for amounts authorized to be appropriated by this Act or otherwise made available for use by the Director to carry out this section may not be used for the procurement of any used vessel.
The provisions of the Secretary of Defense memorandum titled Direct Reporting Program Manager Appointment for Golden Dome for America and dated May 27, 2025, shall remain in force until changed by law.
In complying with Executive Order 14186 (90 Fed. Reg. 8767; relating to The Iron Dome for America), the Secretary of Defense shall ensure that plans, reviews, strategies, and capabilities to improve missile defense of the United States also include improvements for the missile defense of Hawaii and Alaska, in addition to the continental United States.
Not later than 90 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on the progress of implementing Executive Order 14186, including specifically how missile defense of Hawaii and Alaska is included.
In this section, the term missile defense means defense against all manner of aerial and space kinetic attacks, including ballistic, hypersonic, and cruise missiles, and other advanced aerial attacks.
Section 222c(c) of title 10, United States Code, is amended—
by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and
by inserting after paragraph (4) the following new paragraph (5):
Air and Missile Defense.
Of the funds authorized to be appropriated by this Act for fiscal year 2026 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $60,000,000 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 components in the United States by industry of the United States.
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.
Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees—
a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement;
an assessment detailing any risks relating to the implementation of such agreement; and
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.
Subject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2026 for procurement, 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.
Provision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including—
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
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.
The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees—
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 technology agreement and the bilateral co-production agreement for the David’s Sling Weapon System; and
an assessment detailing any risks relating to the implementation of such agreement.
Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2026 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $100,000,000 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.
The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees 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 technology agreement for the Arrow 3 Upper Tier Interceptor Program;
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);
the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds—
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;
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;
technical milestones for co-production of parts and components and procurement;
a joint affordability working group to consider cost reduction initiatives; and
joint approval processes for third-party sales; and
the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent.
In carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit—
one certification covering both the David’s Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or
separate certifications for each respective system.
The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) not 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.
In this section, the term appropriate congressional committees means the following:
The congressional defense committees.
The Committee on Foreign Relations of the Senate.
The Committee on Foreign Affairs of the House of Representatives.
Any removal of the Aegis Guam Combat System from the Indo-Pacific Command area of responsibility (currently sited on Guam) shall be consistent with section 162(a) of title 10, United States Code, using procedures outlined under Chairman of the Joint Chiefs of Staff Manual 3130.06D (relating to global force management allocation policies and procedures), or successor document.
In any case in which a removal described in subsection (a) is carried out, the Chairman of the Joint Chiefs of Staff shall submit to the congressional defense committees notice of the removal not later than 10 days after the date of the commencement of the removal.
Subsection (a) of section 5531 of title 10, United States Code, is amended—
by inserting system level architectures, before the interfaces; and
by inserting a comma after of such activities and programs.
Subsection (b) of such section is amended—
in paragraph (1)—
by striking under paragraph (1) and inserting under subsection (a); and
by striking with subparagraph (B) and inserting with paragraph (2); and
in paragraph (2)—
by striking under subparagraph (A) and inserting under paragraph (1); and
by striking under paragraph (1) and inserting under subsection (a).
Consistent with section 4173(i) of title 10, United States Code, the Director of the Department of Defense Test Resource Management Center shall, not later than March 31 of each year until March 31, 2030—
visit the Ronald Reagan Ballistic Missile Defense Test Site and assess the state of infrastructure supporting test and evaluation facilities of the Department of Defense; and
not later than 30 days after a visit under paragraph (1), provide the congressional defense committees a briefing on the findings of the Director with respect to such visit and assessment.
The Director may delegate a visit under subsection (a)(1) to a senior staff member of the Test Resource Management Center 30 days after notification to the congressional defense committees of the intent of the Director to make such delegation.
In 2027 and in each odd-numbered year thereafter through 2033, the Commander of the United States Strategic Command shall, in coordination with the Commander of the United States Space Command, the Commander of the United States Indo-Pacific Command, and the commanders of such other combatant commands as the Commander of the United States Strategic Command considers appropriate, assess the capabilities and capacity, including supporting infrastructure, of the Ronald Reagan Ballistic Missile Defense Test Site (RRBMDTS) on United States Army Garrison Kwajalein Atoll to meet the operational and weapon system developmental testing needs of the combatant commands.
Not later than February 28 of each even-numbered year following a year for which an assessment under subsection (a) is completed, the Commander of the United States Strategic Command shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff a report containing—
the findings of the Commander with respect to the assessment;
an identification and discussion of any capability or capacity gap or other shortfall with respect to the operational and testing needs described in subsection (a);
an identification and discussion of any risks with respect to meeting current and future mission or capability requirements; and
an identification and discussion of any matter having an adverse effect on the capability of the combatant commanders to accurately determine the matters covered by the assessment.
Not later than March 15 of each year during which a report under subsection (b) is submitted, the Secretary shall submit to the congressional defense committees the report most recently received by the Secretary under subsection (b), without any edits and with such additional views as the Secretary or the Chairman of the Joint Chiefs of Staff consider appropriate.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Defense-Wide, for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 90 percent may be obligated or expended until the date on which the Under Secretary of Defense for Acquisition and Sustainment completes the first annual briefing to the congressional defense committees required by section 1648 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159).
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for Operation and Maintenance, Defense-Wide, for the Missile Defense Agency, not more than 90 percent may be obligated or expended until the date on which the Director of the Missile Defense Agency enters into an arrangement in accordance with section 1671(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) and notifies the congressional defense committees of such arrangement.
Until the date on which the certification described in subsection (b) is submitted to the congressional defense committees, the Secretary of Defense—
may not reduce sustainment efforts for, halt operation of, or prepare to reduce sustainment efforts for or halt operation of, the AN/FPS–108 COBRA DANE radar located at Eareckson Air Station on Shemya Island in Alaska;
shall sustain the AN/FPS–108 COBRA DANE radar in a manner that preserves, at a minimum, the system’s current operational availability as of the date of the enactment of this Act; and
shall ensure that the AN/FPS–108 COBRA DANE radar continues to meet the operational requirements of the combatant commands that are met by this system as of the date of the enactment of this Act.
The certification described in this subsection is a written certification from the Secretary of Defense, in consultation with the Chief of Space Operations and the Director of the Missile Defense Agency, indicating that the replacement capability for the AN/FPS–108 COBRA DANE radar—
will reach initial operational capability at the same time or before the termination of operations for the AN/FPS–108 COBRA DANE radar; and
at the time such replacement capability achieves initial operational capability, will have the ability to meet the operational requirements of the combatant commands that have been, or that are expected to be, assigned to such replacement capability.
The limitation described in subsection (a) shall not apply to temporary interruptions of operational availability for the AN/FPS–108 COBRA DANE radar provided such activities are necessary to support maintenance or modernization activities of the system.
The Program Manager shall use all authorities available to the Program Manager to accelerate development of autonomous agents to cost-effectively defend the United States homeland and forward-deployed armed forces against raids of both large cruise missiles and unmanned systems as the Secretary considers appropriate.
In this section:
The term missile means a ballistic, hypersonic, cruise, hypersonic cruise, or loitering munition.
The term Program Manager means the Direct Reporting Program Manager for Golden Dome for America.
The term unmanned system means a remote-operated or autonomous unmanned system of any size maneuvering in land, sea, air, or space that is capable of single attacks, swarm attacks, or sensor and data collection and reconnaissance.
The Secretary and the Program Manager shall ensure that a robust testing regime is established for all kinetic and nonkinetic interceptors or similar systems throughout the system’s lifecycle. To the maximum extent practicable, testing shall include execution of end-to-end missile defense detection, tracking, and destruction techniques that exercise multiple components of the Golden Dome system.
In carrying out subsection (a), the Secretary and the Program Manager shall ensure that, not later than 540 days after the date of the enactment of this Act, a demanding testing cadence begins, commencing with a virtual exercise commencing on or before the date that is 540 days after the date of the enactment of this Act.
Not later than 90 days before carrying out a test under this section, the Secretary and the Program Manager shall present to the congressional defense committees a detailed plan for the test.
In any case in which the Program Manager fails to conduct a test under this section in accordance with a timeline specified in this section, the Program Manager shall provide the applicable subcommittees of the congressional defense committees an in-person briefing in each month for with the test is delayed.
At a minimum, kinetic and nonkinetic systems deemed to be mission essential by the Secretary to the capabilities of Golden Dome shall be tested on a semiannual basis in a live-fire exercise, starting after the virtual test described in subsection (b)(1).
Each exercise under this section shall include the following participants:
The Program Manager.
A representative from the Office of the Secretary of Defense.
A representative from each of the Army, Navy, Air Force, Marines, and Space Force.
A representative from the National Security Agency.
Representative from North American Aerospace Defense Command (NORAD) or United States Northern Command (USNORTHCOM).
A representative from Indo-Pacific Command.
For each exercise under this section, the Program Manager shall invite the participation of the following:
A representative from the Coast Guard.
A representative from the Federal Aviation Administration.
A representative from the congressional defense committees.
Pursuant to a request submitted to the Secretary under paragraph (2), the Secretary may waive the requirement in subsection (b) for an individual system.
The Program Manager may submit to the Secretary a request for a waiver of the requirement in subsection (b) for an individual system.
Not later than 14 days after granting a waiver under paragraph (1), the Secretary shall provide the congressional defense committees an in-person briefing of the waiver with a detailed explanation of the reasons for the decision of the Secretary to grant the waiver.
Not later than 90 days after the date of the enactment of this Act, and not less frequently than once each year thereafter, the Secretary shall, in consultation with the heads of such government agencies as the Secretary considers relevant, submit to the congressional defense committees a report detailing key regulations preventing rapid, iterative testing of systems vital to Golden Dome.
In this section:
The term Golden Dome shall means the holistic missile defense architecture described in this section.
The term missile means a ballistic, hypersonic, cruise, hypersonic cruise, or loitering munition.
The term Program Manager means the Golden Dome Direct Report Program Manager.
The term Secretary means the Secretary of Defense.
The Secretary shall assess the funding needs required to accelerate development of non-kinetic capabilities to negate missile or unmanned system threats prior to launch or after launch. Such capabilities may include cyber (offense and defense), supply chain interdiction, artificial intelligence-driven battle management, electromagnetic spectrum, directed energy weapons, and high-power microwave defense options capable of defeating large-scale missile or unmanned system attacks.
The Secretary shall assess the funding needs required to accelerate development and rapid prototyping of high technology readiness level (TRL) capabilities in order to acquire and field an information fusion, software-centric platform that utilizes machine learning and artificial intelligence technologies capable of delivering air, land, space, and maritime domain awareness and early warning capabilities for homeland defense across disparate novel and legacy systems. Such platform shall employ a common data layer that can support the rapid integration of new sensors and effectors across all tiers of the integrated air and missile defense system.
The Program Manager shall, with support from the Missile Defense Agency, assess the funding needs necessary to expand Next Generation Interceptor production and silo construction to field up to 80 interceptors for defense of the United States. Subject to the availability of appropriations, interceptor testing and initial fielding shall be completed not later than January 1, 2028.
For each fiscal year beginning after the date of the enactment of this Act, each commander of a combatant command shall include the terrestrial-based sensor requirements, space-based sensor requirements, and counter-unmanned system requirements of the combatant command of the commander in the supporting information for the Department of Defense submitted along with the budget of the President to Congress for such fiscal year pursuant to section 1105(a) of title 31, United States Code.
The Program Manager shall assess the funding needs required to accelerate development of the Glide Phase Interceptor to defend against hypersonic threats to the United States homeland.
The Program Manager shall assess the funding needs required to accelerate the production and fielding of ground mobile interceptors and radars for forward deployment and homeland defense as the Secretary and President consider appropriate.
The Program Manager shall assess the funding needs required to accelerate development and fielding of resilient positioning, navigation, and timing (PNT) solutions that can operate effectively in ground positioning system (GPS)-denied environments. Such solutions may include the following:
Quantum-enhanced inertial navigation and atomic clock technologies to maintain continuous positioning, navigation, and timing functionality in ground positioning system-degraded or denied scenarios.
Enhanced terrestrial-based navigation systems for greater assured positioning in ground positioning system-contested environments.
Robust data fusion techniques that integrate multiple positioning, navigation, and timing sources, such as radar-based tracking, vision-aided navigation, and low-Earth orbit (LEO) signals, to sustain operational effectiveness during electronic warfare (EW) attacks or cyber intrusions.
Commercially available, field-proven alternative positioning, navigation, and timing solutions that leverage advanced sensor fusion, artificial intelligence-driven error correction, and resilient positioning, navigation, and timing processing to provide assured navigation for mobile and fixed defense platforms, including those currently deployed in hypersonic tracking and integrated air and missile defense applications.
The Program Manager shall assess the funding needs required to accelerate development, test, and fielding of a low-cost scalable interceptor that can augment existing production lines and provide resiliency to the integrated air and missile defense system.
The Program Manager shall assess the funding needs required to accelerate development and deployment of proliferated space-based sensors and interceptors capable of ballistic and hypersonic missile intercept.
The Program Manager shall assess the funding needs required to accelerate modernization of terrestrial-based radar capabilities and other such sensors to improve detection of intercontinental and sea-launched missile threats, as well as improve space domain awareness capabilities.
Not later than 180 days after the date of the enactment of this Act, the Program Manager shall submit to Congress a report detailing a plan for a highly flexible, and if necessary mobile, terrestrial missile defense network capable of defending critical nodes across the United States, including noncontiguous States and territories, from likely attack vectors.
The Program Manager, working with the military departments, shall assess the funding needs required to accelerate production of critical munitions used for missile interception, including Standard Missile 3 Blocks IB and IIA and PAC–2 and PAC–3 munitions, to ensure their availability as an additional sub-layer of the Ground-based Midcourse Defense system.
The Program Manager shall assess the funding needs required to accelerate the procurement and fielding of air moving target indicator (AMTI) systems capable of detecting, tracking, and distinguishing airborne moving targets from stationary or cluttered backgrounds.
The Program Manager shall assess the funding needs to accelerate the development and expansion of the Integrated Undersea Surveillance System to detect and track undersea threats like submersibles that carry missiles near United States shorelines.
Not later than March 31, 2026, the Secretary shall submit to the congressional defense committees a report summarizing the results of the assessments carried out under this section.
The term commercial solution means a product, other than real property, that—
is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes and—
has been sold, leased, or licensed to the general public; or
has been offered for sale, lease, or license to the general public.
The term commercial solution includes commercial products, components, and services in alignment with the Federal Government’s preference for the acquisition of commercial products and commercial services, as set forth in sections 1906, 1907, and 3307 of title 41, United States Code, and sections 3451 through 3453 of title 10, United States Code, which establish acquisition policies more closely resembling those of the commercial marketplace and encourage the acquisition of commercial products and commercial services.
The term Golden Dome means the holistic missile defense architecture described in this section.
The term missile means a ballistic, hypersonic, cruise, hypersonic cruise, or loitering munition.
The term Program Manager means the Golden Dome Direct Report Program Manager.
The term Secretary means the Secretary of Defense.
The term unmanned system means a remote-operated or autonomous unmanned system of any size maneuvering in land, sea, air, or space that is capable of single attacks, swarm attacks, or sensor and data collection and reconnaissance.
The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the National Academies) for the National Academies to conduct the assessment under subsection (b) and submit the report under subsection (e).
The Secretary shall seek to enter into the agreement described in paragraph (1) by not later than 90 days after the date of the enactment of this Act.
Under an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies shall conduct an assessment of the Department of Defense National Industrial Security Program.
The assessment of the Program conducted pursuant to paragraph (1) shall cover the following:
Understanding of the evolution of the Program over time to determine if it is up to date with current policies and regulatory responsibilities.
Assessment of roles and responsibilities of parties involved with the Program to determine effectiveness, efficiencies, and alignment of responsibilities with operating authority.
Assessment of whether the availability of security workforce to oversee execution of the Program is sufficient to satisfy the demand signal from entities under the Program.
Analysis of available metrics or other data to determine a baseline of effectiveness for the Program.
Assessment of data available to the Department that might be used to update, add, or refine measures of performance or effectiveness for the Program.
Appraisal of operating business processes or methods, including a determination of where business process reengineering may be needed.
Assessment of the availability of new tools or techniques that may be adopted by the Program to increase effectiveness, efficiency, and cost savings for the Program.
Determination of whether available resources are aligned to the greatest area of need.
Assessment of data on personnel security clearances and facility security clearances.
Identification of opportunities to reduce costs for industry and the government in execution of the Program.
Such other matters as the Secretary considers appropriate.
Under an agreement entered into between the Secretary and the National Academies under subsection (a), the Secretary shall make available such personnel, information, and resources as are necessary to execute the assessment required by subsection (b).
Under an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies shall, not later than one year after the date of the execution of the agreement, submit to the congressional defense committees a consensus report containing the findings of the National Academies with respect to the assessment under subsection (b).
The report under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex.
Not more than 90 days after the National Academies delivers the report to the congressional defense committees under paragraph (1), the Secretary shall provide the congressional defense committees a briefing on the views of the Secretary with respect to such report.
The Secretary of Defense shall make such changes to Department of Defense Manual 5200.02 (relating to procedures for Department of Defense Personnel Security Program), or successor manual, as may be necessary to ensure an individual who has been retired or otherwise separated from service in the Armed Forces or employment with the Department of Defense for a period of not more than 5 years and who was eligible to access classified information on the day before the individual retired or otherwise separated, will be granted eligibility by the Secretary to access classified information as long as—
there is no indication the individual no longer satisfies the standards established for access to classified information;
the individual certifies in writing to an appropriate security professional that there has been no change in the relevant information provided for the last background investigation of the individual; and
an appropriate record check reveals no unfavorable information.
The Secretary shall conduct an assessment of the feasibility and advisability of subjecting inactive security clearances to continuous vetting and due diligence.
Not later than June 30, 2026, the Secretary shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the findings of the Secretary with respect to the assessment conducted pursuant to paragraph (1).
The Chief Information Officer of the Department of Defense shall seek to enter into an arrangement with a federally funded research and development center to perform the services covered by this section.
Under an arrangement between the Chief Information Officer and a federally funded research and development center under subsection (a), the federally funded research and development center shall, not less frequently than once each fiscal year, carry out a review of the Joint Electromagnetic Battle Management Software Program.
In carrying out a review under paragraph (1), the federally funded research and development center shall assess—
whether the Electromagnetic Battle Management Software Program—
is using best practices, including those developed by the Government Accountability Office;
is adequately meeting requirements; and
is adequately adhering to price and schedule; and
such other matters as the federally funded research and development center considers important to meeting the mission of the program.
Not later than September 30th of each year until September 30, 2031, the Chief Information Officer shall provide to the congressional defense committees a briefing on the most recently completed review carried out under this section.
The arrangement in subsection (a) shall end on October 1, 2031.
Chapter 25 of title 10, United States Code, is amended by adding at the end the following new section:
During fiscal years 2026 through 2030, the Chairman of the Joint Chiefs of Staff shall require the integration of offensive and defensive electronic warfare capabilities into Tier 1 and Tier 2 joint training exercises.
The Chairman shall require exercises conducted under subsection (a) to include an opposing force design based on a current intelligence assessment of the electromagnetic order of battle and capabilities of an adversary.
The Chairman may waive the application of subsection (a) or (b) with respect to an exercise if the Chairman determines that—
the exercise does not require—
a demonstration of electronic warfare capabilities; or
a militarily significant threat from electronic warfare attack; or
the integration of offensive and defensive electronic warfare capabilities into the exercise is cost prohibitive or not technically feasible based on the overall goals of the exercise.
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 2026 through 2030, the Chairman shall provide the congressional defense committees with a briefing on exercises conducted under subsection (a) that includes—
a description of such exercises planned and included in the budget submission for that fiscal year; and
the results of each such exercise conducted in the preceding fiscal year, including—
the extent to which offensive and defensive electronic warfare capabilities were integrated into the exercise;
an evaluation and assessment of the exercise to determine the impact of the opposing force on the participants in the exercise, including—
joint lessons learned;
high interest training issues; and
high interest training requirements; and
an assessment as to whether offensive and defensive electronic warfare capabilities were part of an overall joint fires and, if so, a description of the manner in which such capabilities were incorporated into the joint fires.
In this section:
The term electromagnetic order of battle has the meaning given such term in Joint Publication 3–85 entitled Joint Electromagnetic Spectrum Operations, dated May 2020.
The terms high interest training issue, high interest training requirement, Tier 1, and Tier 2 have the meanings given such terms in the Joint Training Manual for the Armed Forces of the United States (Document No. CJCSM 3500.03E), dated April 20, 2015.
The term joint fires has the meaning given such term in the publication of the Joint Staff entitled Insights and Best Practices Focus Paper on Integration and Synchronization of Joint Fires, dated July 2018.
The table of sections for chapter 25 of title 10, United States Code, is amended by adding at the end the following new item:
Section 1683(l) of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(l)) is amended by adding at the end the following new paragraph:
Each briefing under this subsection shall include, for the period covered by the briefing, details on any unidentified anomalous phenomena intercepts conducted by the North American Aerospace Defense Command or United States Northern Command.
In providing a briefing under this subsection, the Director of the Office shall make available a summary of all instances of intercepts described in subparagraph (A), including—
the number, location, and nature of such intercepts; and
a description of the procedures and protocols followed during the intercepts, including any data collected or analyzed during such intercepts.
The Director of the Office shall inform the appropriate congressional committees of any failure by the North American Aerospace Defense Command or United States Northern Command to provide timely information on unidentified anomalous phenomena intercepts.
Notwithstanding paragraph (5) of such section, as added by subsection (a), for the first briefing provided under such section after the date of the enactment of this Act, the briefing shall include details on any unidentified anomalous phenomena intercepts conducted by the North American Aerospace Defense Command or United States Northern Command that occurred during the period beginning on January 1, 2004, and ending on the last day of the period otherwise covered by the briefing.
Not later than 180 days after the date of the enactment of this Act, the Director for the All-Domain Anomaly Resolution Office shall issue a consolidated security classification guidance matrix for programs relating to unidentified anomalous phenomena in order—
to provide a resource for programs that support or may be affected by unidentified anomalous phenomena investigations; and
to support increased reporting on unidentified anomalous phenomena events by ensuring individuals, members of the Armed Forces, and other Federal employees have adequate understanding of the constraints they would be under when reporting or discussing such event.
The consolidated security classification guidance required by subsection (a) shall include—
a comprehensive list of resources for all levels of document control, including controlled unclassified information, based on the current list of security classification guides the All-Domain Anomaly Resolution Office relies upon and references;
the ability to disseminate as a centralized document or other digital resource; and
periodic updates based on the All-Domain Anomaly Resolution Office updates and community feedback on relevant security classification guides that are recommended for inclusion.
Not later than 30 days after the issuance of the consolidated security guidance matrix under subsection (a), the Director of the All-Domain Anomaly Resolution Office shall provide a copy of such guidance, as well as a briefing on the implementation of the security guidance matrix, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
Not later than June 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a plan for increasing the use of user activity monitoring capabilities on Department of Defense unclassified networks and systems.
The plan required by subsection (a) shall include—
identification of additional networks or systems to be covered by user activity monitoring;
opportunities to integrate user activity monitoring into other cybersecurity or personnel vetting information systems to enhance the availability of data, as well as increase performance for such systems;
proposed timelines, milestones, and anticipated costs for expansion to the additional networks identified pursuant to paragraph (1);
identification of resources to continue expansion or integration with other cybersecurity or personnel vetting information systems;
an assessment of commercially available tools that could be integrated to improve performance of user activity monitoring capabilities;
a description of what data is needed to determine measures of performance and effectiveness; and
an assessment of the feasibility of integrating a dashboard capability for user activity monitoring performance data through the Advancing Analytics tool.
The Secretary of the Air Force shall ensure that the 350th Spectrum Warfare Wing can adequately support the EA–37B Compass Call Aircraft, including establishment of an EA–37 software-in-the-loop (SITL) and hardware-in-the-loop (HITL) laboratory for the 350th Spectrum Warfare Wing for—
the rapid reprogramming of spectrum waveforms;
verification and validation testing of waveforms; and
such other matters as the Secretary considers necessary for the continued development of the EA–37B to effectively operate in a nonpermissive spectrum environment.
Not later than March 31, 2026, the Secretary shall submit to the congressional defense committees notice informing the committees of the timeframe necessary to establish the software-in-the-loop and hardware-in-the-loop laboratory required by subsection (a).
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to the appropriate committees of Congress a report on the technical collection capabilities of the People’s Republic of China and the Russian Federation in the Republic of Cuba.
The report required by subsection (a) shall include an assessment of the following:
The current technical collection capabilities, and potential expansion of such capabilities, of the People's Republic of China and the Russian Federation in the Republic of Cuba.
The counterintelligence risks associated with such capabilities, including risks to operations at United States Naval Station, Guantanamo Bay, Cuba.
The capabilities and resources of the Department of Defense to counter any technical collection capabilities of the People’s Republic of China and the Russian Federation in the Republic of Cuba identified by this report.
The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
In this section, the term appropriate committees of Congress means—
the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
Section 130i(i) of title 10, United States Code, is amended—
in paragraph (1), by striking December 31, 2026 and inserting December 31, 2027; and
in paragraph (2), by striking November 15, 2026 and inserting November 15, 2027.
Section 413 of the Intelligence Authorization Act for Fiscal Year 2022 (division X of Public Law 117–103; 50 U.S.C. 3373a) is amended—
in subsection (a), by striking makes such data and all that follows through the period and inserting make such data available immediately, in a manner that protects intelligence sources and methods, to the All-domain Anomaly Resolution Office established under section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373).;
by striking subsections (b) and (c); and
by striking (a) Availability of data on unidentified aerial phenomena.—.—; and
The heading of such section is amended by striking Unidentified aerial phenomena task force and inserting All-domain Anomaly Resolution Office.
The Secretary of the Army shall not take any action to divest, consolidate, or curtail any electronic warfare test and evaluation activities that were part of an Army element of the Major Range and Test Facility Base on or before the date of the enactment of this Act until the Secretary submits to the congressional defense committees the report described in subsection (b).
The report described in this subsection is a report on a decision of the Secretary to divest, consolidate, or curtail an electronic warfare test or evaluation activity described in subsection (a) that contains the following:
A description of the analytic basis used by the Secretary for making the decision, including matters relating to any cost, workload, and workforce requirements, as well as any analysis relating to operational impact on users of the activities.
The findings from an independent review by the Director of the Office of Cost Assessment and Program Evaluation of all analyses described in paragraph (1).
A certification by the Director of the Test Resource Management Center that the analyses described in paragraph (1) and the decision of the Secretary meet the requirement of the Department of Defense, as required by section 4173(c)(1)(B) of title 10, United States Code.
Section 500e of title 10, United States Code, is amended—
in subsection (b)—
by striking responsible for synchronizing and inserting the following: “responsible for—
synchronizing
by striking the period at the end and inserting ; and; and
by adding at the end the following new paragraph:
coordinating test and evaluation of tactics, techniques, and procedures for dynamic spectrum sharing technologies in joint electromagnetic operations.
in subsection (c)—
by redesignating paragraph (4) as paragraph (6); and
by inserting after paragraph (3) the following new paragraphs:
An assessment of any current gaps in testing, evaluation, and validation mechanisms for future joint use of dynamic spectrum sharing technologies.
The feasibility and advisability of establishing designated virtual testing ranges so that operators can develop tactics, techniques, and procedures for dynamic spectrum sharing technologies.
Section 488 of title 10, United States Code, is amended by adding at the end the following new subsection:
Until the earlier of September 30, 2034, or the date on which the Chairman of the Joint Chiefs of Staff certifies to the congressional defense committees that dynamic spectrum sharing (as defined in the Emerging Mid-Band Radar Spectrum Sharing (EMBRSS) Feasibility Assessment Report of the Department of Defense published in September 2023) is fully operational, the Secretary of Defense may not modify any existing or future applicable system between 3100 and 3450 megahertz and between 7400 and 8400 megahertz unless the Secretary and the Chairman of the Joint Chiefs of Staff jointly certify to Congress that such modification would not result in a loss of capability for the armed forces.
In this subsection, the term applicable system means a Department of Defense system that relies on the electromagnetic spectrum for its function, including any communications, weapons, precision munitions, sensor, geo-location, or wireless device.
Not later than January 31, 2027, the Secretary of Defense shall, acting through the Chief Information Officer of the Department of Defense and the Assistant Secretary of Defense for Cyber Policy and in consultation with the Chief Information Officers and Principal Cyber Advisors of the military departments—
develop a comprehensive cyber workforce strategy; and
submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the strategy developed under paragraph (1).
The report required by subsection (a)(2) shall include the following:
An assessment of progress achieved and remaining gaps in implementation of the 2023–2027 Department of Defense Cyber Workforce Strategy, including identification of elements that should be continued, modified, or discontinued in the strategy developed under subsection (a)(1).
A descriptive analysis of the Defense Cyber Workforce Framework (in this section referred to as the Framework), including the goals, activities, milestones, and key performance indicators used by the Department of Defense to measure progress and assess the effectiveness of the implementation of the strategy required by subsection (a)(1).
Assessment of the scope of the affected workforce for the Framework, including specific workforce numbers, vacancy numbers, work roles, or other statistical data relating to personnel system metrics.
Identification of progress of the Department in implementing the Framework based on the goals, activities, milestones, and key performance indicators described in paragraph (2).
Identification of any issues, problems, or roadblocks identified by the Department in implementing the Framework, as well as any adjustments required to measurements of progress or inclusions of new goals, activities, milestones, key performance indicators, or work roles since publication of such framework, and any steps taken by the Department to overcome issues or lack of authority to address roadblocks.
Opportunities to leverage support from non-Department entities, or of any workforce or talent management authorities that exist within other Federal agencies in which inclusion in the Framework might benefit the Department.
The availability of commercial tools that support Framework talent management processes and might enhance performance or effectiveness, including for workforce qualification and certification tracking, talent identification and tracking, tagging for additional skill identifiers in existing personnel management systems, or enhancing skill development for specific work roles.
Opportunities to leverage supplementary personnel models that might be adapted from other domains, such as cyber civilian reserves or cyber auxiliary forces.
Integration of existing academic centers of excellence or other university partnerships to help improve workforce development, talent acquisition, and skills development.
A review of Framework work roles for artificial intelligence, data science, and data engineering to assess alignment with corresponding work roles in industry and recommendations for modifications to enable more effective recruiting of industry talent.
Resource requirements and implementation timeline for the strategy developed under subsection (a)(1), including budget estimates and key milestones.
In developing the strategy required under subsection (a)(1), the Secretary may solicit or coordinate views from external organizations with relevant expertise in human resources planning or human capital strategy, higher education or training, or cyber professional industry associations.
The report submitted pursuant to subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex.
Not later than August 1, 2026, the Commander of United States Cyber Command shall, in coordination with the Chief Digital and Artificial Intelligence Officer of the Department of Defense, the Director of the Defense Advanced Research Projects Agency, the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Director of the Defense Innovation Unit, complete development of a roadmap for industry collaboration on artificial intelligence-enabled cyber capabilities for cyberspace operations of the Department of Defense.
The roadmap developed under subsection (a) shall establish a framework for coordination between the private sector and the Department of Defense to integrate state-of-the-art artificial intelligence capabilities into offensive and defensive cyberspace operations through—
convening United States commercial artificial intelligence developers, cybersecurity experts, and relevant Federal Government offices; and
facilitating information exchange on artificial intelligence technology and capabilities for cyber operations.
The roadmap developed under subsection (a) shall address the following:
Courses of action and selected approach on various alternatives to manage and execute collaborative research and development partnerships with industry.
Collaborative development lines of effort for artificial intelligence-enabled cyber capabilities and associated near-term use cases.
Strategy and methodology for industry engagement and commercial collaboration, including—
contractual mechanisms for industry collaboration on cyber tools and capabilities;
security clearance requirements, goals, and resource needs for industry partners; and
evaluation of existing contract and collaboration authorities and identification of required policy changes or new authorities.
Implementation objectives, milestones, and status of relevant pilot programs.
Technology transition mechanisms from development to operational use.
Infrastructure requirements and associated costs.
Assessment of organizational structure options, including establishment of a new center or integration within existing organizations.
Not later than November 1, 2026, the Commander of United States Cyber Command shall provide the congressional defense committees a briefing on the roadmap developed under subsection (a).
During the period beginning on the date on which the President submits to Congress a budget for fiscal year 2028 pursuant to section 1105(a) of title 31, United States Code, and ending on December 31, 2030, the Commander shall, not less frequently than once each year, provide the congressional defense committees a briefing on the status of industry collaboration activities carried out in accordance with the roadmap developed under subsection (a).
The Secretary of Defense shall, in coordination with the Assistant Secretary of Defense for Cyber Policy, the Chairman of the Joint Chiefs of Staff, the Commander of United States Cyber Command, and the Deputy Assistant Secretary of Defense for Defense Continuity and Mission Assurance, develop a strategy and a list of various courses of action across the spectrum of military capabilities to create a credible deterrence against cyberspace attacks and posturing for future such attacks against United States defense critical infrastructure.
The Secretary shall ensure that the strategy required by subsection (a)—
includes an evaluation of how to deter actions of adversaries in cyberspace across the full spectrum of offensive planning and action; and
outlines a range of options available for the Department to demonstrate a credible deterrence through cost imposing courses of action.
The strategy required by subsection (a) shall incorporate the following elements:
A comprehensive assessment of adversary cyber capabilities and intent regarding defense critical infrastructure attacks.
Identification of what specific adversary cyber capabilities and actor’s actions under this strategy seeks to deter.
Methodology and classification of types of targets to hold at risk and what actions would be necessary to impose costs at different levels of escalation.
An assessment of the capabilities and any related requirement gaps to create the needed effects against these categories of targets and their relative impact to deterrence and escalation.
An evaluation of the role of offensive cyber operations in combination with, as well as independent of, other means of military capabilities in creating an effective deterrent, and an assessment of the current capability and gaps in capability needed to successfully conduct these offensive cyber operations.
An assessment of policy and authorities in effect with respect to holding adversary targets at risk and recommendations for modifications to enable effective deterrence and managed escalation.
Evaluation of reveal and conceal criteria and methodology to demonstrate the United States capability of imposing costs while preserving operational security.
Framework for integration of interagency partners, as well as allies and partners, industry, and academia, to enhance deterrence.
The Secretary shall complete the development of the strategy required by subsection (a) on or before December 1, 2026.
The list of various courses of action required under subsection (a) shall include a list of military alternatives, guided by the strategy developed under such subsection, using the full range of military capabilities, including offensive cyber operations that actively impose or threaten to impose costs on an adversary to create a credible deterrence. The courses of action shall be organized for competition, crisis, and conflict.
Not later than June 1, 2026, the Secretary shall complete the development of the list of various courses of action required by subsection (a).
Not later than March 1, 2026, the Secretary shall provide to the congressional defense committees an interim briefing on the strategy required under subsection (a).
Not later than June 1, 2026, the Secretary shall—
provide to the congressional defense committees a briefing on the strategy developed under subsection (a) and the list of various courses of action developed under such subsection; and
submit to the congressional defense committees a report on such strategy and such list of various courses of action.
In this section:
The term defense critical infrastructure has the meaning given that term critical infrastructure of the Department of Defense in section 1650(e) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note).
The term imposing costs means actions taken against adversaries that result in economic, diplomatic, informational, or military consequences significant enough to change the adversary’s behavior or calculations regarding cyberspace operations against the United States.
Section 1558 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
in subsection (a)(2)—
by redesignating subparagraph (H) as subparagraph (I); and
by inserting after subparagraph (G) the following new subparagraph (H):
A review of investment in artificial intelligence capabilities, including an assessment of alignment with defined roadmap milestones and Department of Defense use cases.
in subsection (b)—
by striking 2028 and inserting 2030; and
by inserting and briefing after a report.
Not later than August 1, 2026, the Assistant Secretary of Defense for Cyber Policy and the Commander of United States Cyber Command shall jointly, in coordination with the Chief of the National Guard Bureau, the principal cyber advisors of each of the military departments, the chief of each reserve component, and the Office of the Under Secretary of Defense for Personnel and Readiness, submit to the congressional defense committees a report on the integration of the reserve components into the cyber mission force in support of cyberspace operations.
The report required under subsection (a) shall include the following:
An assessment of the different authorities available within each status of the reserve components, with particular focus on the National Guard and authorities under title 32, United States Code, and how the Department of Defense can use personnel of the reserve components in such statuses within the cyber mission force and in support of cyberspace operations.
An analysis of current and planned efforts to work with the military departments, the National Guard, and the adjutants general of each State to develop unique cyber capabilities that address identified operational requirements and that maximize use of local industry expertise and academic partnerships.
A description of methods to work with the military departments, the National Guard Bureau, and the adjutants general of each State to track and identify key skills and competencies that are not part of primary military occupational specialties of members of the military departments, but are developed through their civilian career experience.
An identification of the billets, resources, and support infrastructure needed to maximize the unique expertise, capabilities, and authorities of the reserve components in support of the cyber mission of the Department.
An evaluation of what types of authorities would be most beneficial to maximize the activation and support of the reserve components to cyberspace operations, including any legislative action that may be required.
An evaluation of the existing barriers to or impediments for integration of the reserve components into the cyber mission force in support of cyberspace operations and an assessment of mitigation initiatives with respect to paragraphs (1) through (5).
Such other matters as the Assistant Secretary of Defense for Cyber Policy and the Commander of United States Cyber Command consider appropriate.
The implementation plan required by subsection (c).
The implementation plan required by subsection (b)(6) shall detail how the Department should better integrate the reserve components into cyber mission forces and cyberspace operations of the Department.
The implementation plan required by subsection (b)(6) shall include the following:
Clearly defined roles and responsibilities for the Department of Defense, the military departments, United States Cyber Command, and the National Guard Bureau.
Timelines and milestones for implementation of the recommended actions.
Metrics to measure progress and effectiveness of integration efforts.
Resource requirements, including personnel, equipment, and funding necessary to implement the plan.
Recommendations for policy changes and, if appropriate, legislative proposals to improve integration.
A strategy for continuous assessment and improvement of reserve component integration.
A detailed analysis of force structure requirements and optimal reserve component organization, including the appropriate balance between traditional aligned reserve component units and individual mobilization augmentees for cyber mission force requirements.
A comprehensive assessment regarding funding for the activation of reserve component personnel possessing critical, low-density, and high-demand cyber skills, and an evaluation of readiness impacts resulting from insufficient dedicated funding for such activations.
An evaluation of operational impacts to cyber mission force readiness when reserve component personnel and units with cyber capabilities are activated for missions outside the cyber domain.
Not later than April 1, 2026, the Assistant Secretary of Defense for Cyber Policy and the Commander of United States Cyber Command shall jointly provide to the congressional defense committees an interim briefing on the report required by subsection (a).
Not later than August 1, 2026, the Assistant Secretary of Defense for Cyber Policy and the Commander of United States Cyber Command shall jointly provide a final briefing to the congressional defense committees on the findings contained in the report submitted pursuant to subsection (a).
The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
In this section, the term reserve component means a reserve component of the military departments named under section 10101 of title 10, United States Code.
Not later than January 15, 2027, the Secretary of Defense shall, in coordination with the Assistant Secretary of Defense for Cyber Policy, the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the principal cyber advisors of the military departments, complete a comprehensive evaluation of the current structure of oversight for the cyber ranges of the Department of Defense, including an assessment of the separate executive agent designations for cyber test ranges and cyber training ranges.
The evaluation required by subsection (a) shall include the following elements:
A thorough assessment of the effectiveness of the current organizational structure under which separate executive agents exist for cyber test ranges and cyber training ranges.
A detailed analysis of funding mechanisms and budgetary authority challenges and benefits associated with the current structure, potential alternative structures, and unified oversight options.
A comprehensive evaluation of the potential integration of physical and logical ranges under various organizational structures.
An assessment of how different organizational structures would affect the speed and ease of transferring systems or tools from test environments into operational use, including the incorporation of tactics, techniques, and procedures.
A recommendation to the Secretary regarding whether the current separate executive agent structure should be maintained, or an alternative structure, including a unified executive agent structure, should be implemented.
In the event the recommendation under paragraph (5) supports maintaining separate executive agents, the specific criteria that would need to be satisfied for the two functions to be managed under a singular organization in the future.
Not later than March 1, 2027, the Secretary shall provide to the congressional defense committees a briefing on—
the recommendation developed under subsection (b)(5);
the determination made by the Secretary regarding the organizational structure for cyber range oversight; and
a summary of the findings of the Secretary with respect to the evaluation conducted under subsection (a); and
an implementation plan for any approved changes to the cyber range oversight structure.
Section 392a(b) of title 10, United States Code, is amended—
in paragraph (2)—
in subparagraph (A)(i), by striking the Under Secretary of Defense for Policy and inserting the Assistant Secretary of Defense for Cyber Policy; and
in subparagraph (B), by striking , the following: and all that follows through the period at the end and inserting the Assistant Secretary of Defense for Cyber Policy; and
in paragraph (3)(A)—
in clause (i), by striking the Under Secretary of Defense for Policy and inserting the Assistant Secretary of Defense for Cyber Policy;
in clause (ii), by striking Under Secretary and inserting Assistant Secretary of Defense for Cyber Policy;
in clause (iii), by striking Under Secretary of Defense for Policy and inserting Assistant Secretary of Defense for Cyber Policy; and
by striking clause (iv).
Section 167b of title 10, United States Code, is amended by adding at the end the following new subsections:
In addition to the activities of a combatant command for which funding may be requested under section 166(b) of this title, the Commander of the United States Cyber Command shall, subject to the authority, direction, and control of the Principal Cyber Advisor of the Department of Defense, be responsible for directly controlling and managing the planning, programming, budgeting, and execution of resources to train, equip, operate, and sustain the cyber mission force, which shall include the following:
Preparation of a program objective memorandum and budget estimate submission for the resources required to train, equip, operate, and sustain the cyber mission force.
Preparation of budget materials pertaining to the United States Cyber Command for inclusion in the budget justification materials that are submitted to Congress in support of the budget of the Department of Defense for a fiscal year, as submitted with the budget of the President under section 1105(a) of title 31, United States Code, that is separate from any other military department or component of the Department of Defense.
The responsibilities assigned to the Commander of the United States Cyber Command pursuant to subparagraph (A) shall not include the following:
Military pay and allowances.
Funding for facility support that is provided by the military departments.
Before the budget proposal for the United States Cyber Command for any fiscal year is submitted to the Secretary of Defense, the Commander of the United States Cyber Command shall consult with the Secretaries of the military departments concerning funding for units of the reserve components within the cyber mission force. If the Secretary of a military department does not concur in the recommended level of funding with respect to any such unit that is under the jurisdiction of the Secretary of the military department, the Commander shall include with the budget proposal submitted to the Secretary of Defense the views of the Secretary of the military department concerning such funding.
Before the budget proposal for a military department for any fiscal year is submitted to the Secretary of Defense, the Secretary of the military department shall consult with the Commander of the United States Cyber Command concerning funding for cyber mission forces within the reserve component in the military personnel budget for that military department. If the Commander does not concur in the recommended level of funding with respect to individual augmentees or units within the reserve component, the Secretary of the military department shall include with the budget proposal submitted to the Secretary of Defense the views of the Commander.
Subsection (b) of section 394 of title 10, United States Code, is amended by inserting defense of critical infrastructure of the Department of Defense, after force protection,.
Subsection (f) of such section 394 is amended—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
by inserting after paragraph (1) the following new paragraph (2):
The term critical infrastructure of the Department of Defense means any asset of the Department of Defense of such extraordinary importance to the functioning of the Department and the operation of the armed forces that the incapacitation or destruction of such asset by a cyber attack would have a debilitating effect on the ability of the Department to fulfill its missions.
Not later than June 1, 2026, the Secretary of Defense shall, acting through the covered officials, conduct a review of future force employment concepts for the cyber force, including all elements of the Cyber Operations Force (COF), to assess where additional recommendations for personnel policy changes may be warranted.
The review and updates under subsection (a) shall address the respective roles of the military departments and United States Cyber Command with respect to the following:
Evaluation of future force employment concepts of cyber forces, including the following:
Inclusion of additional elements of the Cyber Operations Force in various geographic combatant command operational scenarios to provide tactical-level effects, or integration with non-cyber tactical units, using radio-frequency enabled cyber or other off-net cyber operations techniques.
Assessment of new or novel formations outside of the current Cyber Mission Force construct.
Experimentation with other doctrine, organization, training, materiel, leadership and education, personnel, facilities, and policy approaches for cyber effects or integrated non-kinetic effects beyond the current Cyber Mission Force approach for on-net operations.
Coordination between United States Cyber Command and the military departments regarding recruiting and retention to ensure that personnel requirements of the cyber mission forces and the military departments are met appropriately.
Opportunities for members of the cyber mission forces to enroll in professional military education for potential future forces, or needs for new professional military education opportunities for such forces.
Assessment of expansion of promotion pathways for members of such future forces and an assessment of whether such opportunities are adequate to fulfill staffing requirements based on these future force employment concepts.
Data sharing between the military departments and United States Cyber Command with respect to capturing information on, demographics and additional skill identifiers for personnel of such future forces.
Such other matters as the Secretary of Defense considers appropriate.
Not later than September 1, 2026, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on such review and any resulting updates to guidance and processes. The report shall also include such recommendations as the Secretary may have regarding matters described in subsection (a) or (b).
In this section, the term covered officials means—
the Secretaries of the military departments;
the Assistant Secretary of Defense for Cyber Policy; and
the Commander of United States Cyber Command.
Not later than July 1, 2026, the Secretary of Defense shall, acting through the Assistant Secretary of Defense for Cyber Policy and the Vice Chairman of the Joint Chiefs of Staff, in consultation with the Commander of United States Cyber Command, jointly conduct a comprehensive study on force employment in support of combatant commands and an evaluation of establishing Joint Task Force-Cyber elements across all of the geographic combatant commands.
The study and evaluation required under subsection (a) shall include the following:
An assessment of cyber force employment requirements and capabilities across all geographic combatant commands.
An assessment of the benefits and limitations of the operational need for Joint Task Force-Cyber elements in each geographic combatant command area of operations under the following conditions:
Under the operational control of the geographic command of the geographic combatant commanders.
Under the existing construct.
An analysis of the optimal command and control structures for Joint Task Force-Cyber elements, including—
the designation of Joint Task Force Establishing Authority, as defined in joint doctrine and instructions;
the alignment of operational control and tactical control over subordinate forces; and
concurrent Joint Task Force Establishing Authority management structures between United States Cyber Command and respective geographic combatant commands.
An assessment of force structure requirements, including—
assigned forces for each potential Joint Task Force-Cyber element;
manning and resourcing requirements relative to assigned missions; and
sources of personnel required.
An evaluation of the integration and sustainment of cyber capabilities and effects.
An identification of supporting infrastructure requirements for each geographic combatant command.
A description of potential missions and lines of effort for Joint Task Force-Cyber elements.
An analysis of relationships with existing entities within each geographic combatant command, including an assessment of complementary and duplicative activities.
Such other matters as the Assistant Secretary of Defense for Cyber Policy and the Vice Chairman of the Joint Chiefs of Staff determine appropriate.
The study and evaluation required under subsection (a) shall include a comprehensive implementation plan for establishing Joint Task Force-Cyber elements across geographic combatant commands starting with United States Indo-Pacific Command, as determined appropriate based on the findings of the study and evaluation.
Not later than July 1, 2026, the Assistant Secretary of Defense for Cyber Policy, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of United States Cyber Command shall jointly submit to the Secretary of Defense and the congressional defense committees a report containing—
the results of the study and evaluation required under subsection (a);
the implementation plan required under subsection (c);
views from each of the geographic combatant commands regarding the results of the study in subsection (a) and the implementation plan in subsection (b); and
recommendations for legislative or administrative actions required to implement the plan.
Of the funds authorized to be appropriated by this Act, or otherwise made available for fiscal year 2026 for operation and maintenance, Defense-wide, and available for the Assistant Secretary of Defense for Cyber Policy, not more than 90 percent may be obligated or expended until the date on which the Assistant Secretary of Defense for Cyber Policy and the Vice Chairman of the Joint Chiefs of Staff submit to the congressional defense committees the complete report required under subsection (d).
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense, may be obligated or expended to modify, reorganize, or otherwise change the responsibilities, authorities, or command structure of the Commander of United States Cyber Command from those in effect on June 1, 2025.
The Secretary of Defense, as part of the Defense Cyber Workforce Framework, shall design and implement a program to support active management of cyber talent transitioning to the reserve cyber force by May 1, 2026.
The program as required under subsection (a) shall include the following elements:
The ability to track, reskill, and upskill transitioning active-duty cyber personnel and critical enablers from the Cyber Mission Force (CMF) for potential retention in the reserve component to meet emerging cyber mission demands.
The ability to conduct transparent and time efficient means to recruit transitioning, fully qualified, and in good standing active-duty cyber mission force personnel and cyber enabling forces deemed necessary by the United States Cyber Command (USCYBERCOM) and its subordinate commands.
Establishment of a centralized resource in the Department to—
provide incentive services as a retention tool to aid transitioning CMF personnel in navigating the active to reserve component personnel system across the military services;
identify and advertise vacancies in reserve cyber units; and
enable transition to civilian occupations (specifically with critical need strategic industries and critical infrastructure providers) that could include mentorship, employment counseling, and education focused on critical high demand/low density cyber skills.
The ability to expand such services to related areas, such as cyber auxiliary forces or direct commissioning programs directed towards cyber forces.
Not later than June 1, 2026, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the establishment of the program required under subsection (a), including—
the establishment of this program;
an assessment of resourcing needs for the program across the future years defense program; and
identification of metrics or other assessment capabilities to determine the impact on retention of CMF forces and enabling cyber forces as part of a total force strategy.
The Secretary of Defense shall establish a pilot program to assess the feasibility and advisability of paying skill incentive pay or a skill proficiency bonus under section 353 of title 37, United States Code, to members of the Cyber Mission Force working for the United States Cyber Command that will expire on September 30, 2030.
Section 138(b)(8) of title 10, United States Code, is amended—
by inserting (A) before the first sentence; and
by adding at the end the following new subparagraph:
Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary of Defense for Cyber Policy—
shall serve as a principal staff assistant to the Secretary of Defense on matters within the responsibility of the Assistant Secretary;
shall report directly to the Secretary without intervening authority; and
may communicate views on matters within the responsibility of the Assistant Secretary directly to the Secretary without obtaining the approval or concurrence of any other official within the Department of Defense.
Section 1515 of the National Defense Authorization Act for Fiscal Year 2024 (118–31; 10 U.S.C. 2224 note) is amended—
in the section heading, by striking network boundary and cross-domain defense and inserting full content inspection;
in subsection (a), by inserting and cross-domain after network boundary;
in subsection (b)(2)—
in subparagraph (A)—
by inserting specified in subsection (a) after defense capabilities both places in appears; and
in clause (ii), by inserting that support operational missions as defined by the Department of Defense Cyber Defense Command before the period at the end;
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
by inserting after subparagraph (A) the following new subparagraph (B):
By December 1, 2026, integrate the capabilities into the pilot program required by subparagraph (A) that leverages, where appropriate, investments in artificial intelligence to illuminate and actively counter foreign cyber aggression to Department of Defense networks.
in subparagraph (C), as redesignated by subparagraph (B), by striking deployment of modernized network boundary defense capabilities to the access points and cross-domain capabilities and inserting deployment of the same capabilities described in subsection (a) to the access points and cross-domain capabilities, and any other network interconnection point,; and
in subparagraph (D), as redesignated by subparagraph (B)—
by striking modernized network boundary defense capabilities and inserting the same capabilities described in subsection (a); and
by adding at the end the following new sentence: To ensure the coverage of these capabilities is complete, the Secretary shall, acting through the Director of the Defense Information Systems Agency and the Chief Information Officer of the Department of Defense, create a list of remaining networks and enclaves.; and
by adding at the end the following new subsection:
Not later than November 1, 2026, and not less frequently than once each year thereafter until December 31, 2028, the Chief Information Officer of the Department of Defense, the Director of the Defense Information Systems Agency, and the Commander of the Department of Defense Cyber Defense Command shall jointly provide to the congressional defense committees a briefing on the status of deployment of the modernization program required by subsection (a), the results of the surveys conducted pursuant to subparagraphs (B) and (C) of subsection (b)(2), and identification of remaining networks and enclaves to be incorporated into the program.
The Secretary of Defense shall conduct a comprehensive assessment of the feasibility and advisability of establishing a Department of Defense-wide program—
to remediate all weapon system platforms that do not currently have capabilities that satisfy requirements for weapon system platform cybersecurity through automated, real-time monitoring for threat detection and mitigation; and
that would do so by—
identifying and prioritizing weapon systems lacking real-time monitoring for self-protection capabilities;
establishing technical requirements and minimum cybersecurity standards for real-time protection across different categories of weapon systems;
developing implementation schedules and funding requirements to retrofit existing systems with real-time monitoring for self-protection capabilities;
creating a verification and validation process to ensure deployed solutions effectively mitigate identified cybersecurity risks; and
establishing a governance structure for ongoing maintenance, updates, and operational support of implemented capabilities.
The assessment required pursuant to subsection (a) shall include the following:
A detailed assessment of the costs, timelines, and resources associated with developing, testing, acquiring, and implementing real-time monitoring for self-protection capabilities, and the associated capabilities needed to aggregate and evaluate data from such applications.
A thorough evaluation of existing real-time monitoring for self-protection solutions and their applicability to military weapon system environments.
A proposed phased implementation and funding plan that includes—
projected budget requirements delineated by fiscal year;
recommended acquisition strategies;
detailed technical implementation considerations;
detailed operational implementation considerations, including development of tactics, training, and procedures for the employment of such applications; and
estimated timelines for achieving initial and full operational capability.
A detailed inventory of—
weapon system platforms for which real-time monitoring for self-protection capabilities are recommended;
weapon system platforms for which such capabilities are not recommended, together with a justification for each such determination; and
alternative cybersecurity methods being employed or proposed for platforms excluded from the recommendation for real-time monitoring for self-protection implementation.
In conducting the assessment required by subsection (a), the Secretary shall coordinate with the Secretary for each of the military departments for programs within their department and with the Under Secretary of Defense for Intelligence and Security regarding programs identified in the Strategic Cybersecurity Program.
Not later than January 1, 2027, the Secretary shall submit to the congressional defense committees a report on the findings of the Secretary with respect to the assessment conducted pursuant to subsection (a).
The report submitted pursuant to paragraph (1) on the findings of the Secretary with respect to the assessment conducted pursuant to subsection (a) shall include the following:
A summary of key findings of the Secretary.
A comprehensive assessment of technical feasibility for implementing real-time monitoring for self-protection across different weapon system platform types.
A thorough analysis of the advisability of developing a program for implementing such capabilities, including potential risks, benefits, and trade-offs.
Specific recommendations regarding—
whether real-time monitoring for self-protection capabilities should be implemented across Department weapon systems;
if implementation is recommended, which specific weapon systems should receive priority for such implementation;
appropriate acquisition strategies and funding mechanisms to support implementation;
any necessary policy or regulatory changes to support effective implementation; and
proposed metrics for measuring successful implementation and operational effectiveness.
For weapon system platforms deemed suitable candidates for real-time monitoring for self-protection capabilities—
recommended prioritization criteria;
a proposed implementation schedule;
estimated costs and funding requirements across the Future Years Defense Program; and
recommended technical approaches tailored to different platform categories.
An assessment real-time monitoring for self-protection or similar capabilities currently deployed on Department of Defense weapon system platforms, including—
a comprehensive inventory of platforms currently utilizing such capabilities, including relevant pilot programs;
the specific technical implementations in use;
an evaluation of the operational effectiveness of existing implementations; and
lessons learned that could inform future acquisition and implementation efforts.
The report submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Not later than December 1, 2026, the Secretary of Defense shall, acting through the Chief Information Officer of the Department of Defense and in coordination with the Commander of United States Cyber Command and such representatives from the military departments as the Secretary considers appropriate, complete an assessment of the feasibility and advisability of establishing a center of excellence for operational technology cybersecurity training (in this section referred to as the Center) that would institutionalize training for the Department of Defense on security and protection of operational technology and industrial control systems.
In carrying out the assessment required by subsection (a), the Secretary shall assess the need for a Center—
to provide comprehensive training and other educational programs relating to operational technology and industrial control systems cybersecurity;
to develop and regularly update the curriculum for such training and programs;
to identify, develop, and integrate materiel and organizational requirements for Department of Defense operational technology and industrial control systems cybersecurity;
to develop and manage the integration of operational technology and industrial control systems cybersecurity solutions with military service doctrine, organization, training, materiel, leadership and education, personnel, and facilities; and
to leverage and benefit from readily available capacity of a military installation with—
existing infrastructure and multiservice training facilities
a cadre or workforce of engineering and infrastructure expertise designed for functions relating to the Armed Forces; and
current centers of excellence with specific consideration of existing facilities that support physical and logical cyber training ranges.
Not later than December 1, 2026, the Secretary shall submit to the congressional defense committees a report on the findings of the Secretary with respect to the assessment completed pursuant to subsection (a).
The report submitted pursuant to paragraph (1) shall include a recommendation on whether the establishment of a Center is feasible and advisable and shall address the following:
An identification of curricula relating to training and education of operational technology and industrial control systems, including such training that might be provided by private sector entities.
Identification of anticipated throughput demands for such training for military and civilian personnel based on workforce estimates from the operational cyber community.
Assessment of the resources needed to establish and maintain a Center and a cost-benefit analysis to determine if the anticipated training throughput in subparagraph (B) warrants such expenditure.
An evaluation of potential locations that maximizes readily available capacity of a military installation and synergies with—
existing infrastructure and multiservice training facilities;
a cadre or workforce of engineering and infrastructure expertise designed for functions related to the Armed Forces of the United States; and
current centers of excellence with specific consideration of existing facilities that support physical and logical cyber training ranges.
If the Secretary determines that establishing a Center is feasible and advisable—
a proposed phased implementation approach, including initial operating capability milestones and full operational capability targets;
an assessment of how a Center could integrate training and education programs with existing Department of Defense cybersecurity certification requirements and career progression models;
proposed metrics and evaluation criteria that could be used to assess a Center’s effectiveness in improving operational technology and industrial control systems security outcomes across the Department of Defense, if established;
estimated funding, personnel, and resource requirements for establishment and maintenance of a Center; and
analysis of potential challenges and limitations to establish a Center and recommendations to mitigate these challenges and limitations.
Proposed metrics and evaluation criteria that could be used to assess the Center’s effectiveness in improving operational technology and industrial control systems security outcomes across the Department.
In this section:
The term industrial control system has the meaning given such term in section 2220C of the Homeland Security Act of 2002 (6 U.S.C. 665i(f)).
The term operational technology has the meaning given such term in section 3 of the Internet of Things Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3a).
Not later than September 1, 2026, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, the Secretaries of the military departments, and the Chief Information Officers of the military departments, develop a framework for the integration of technical debt assessment, tracking, and management into existing Department of Defense processes for information technology investment decisions and budget justification materials.
The Secretary of Defense shall direct a comprehensive reevaluation of the Department's current definition of technical debt and develop a categorization framework that adequately reflects different types of technical debt, including application, physical infrastructure, architecture, and documentation components.
The Secretary of Defense shall ensure the framework developed under subsection (a) provides for integration of technical debt considerations into existing Department management processes and structures relating to resourcing and programmatic decisions for existing or proposed information technology systems, services, or related programs of record.
The framework developed under subsection (a) shall include—
baseline measurement for technical debt for a specific technology or program;
objectives for technical debt reduction;
consolidated metrics for Department-wide use; and
outcome-based metrics for assessing operational and financial impacts.
The framework developed under subsection (a) shall utilize existing governance structures for overseeing information technology investments.
The framework developed under subsection (a) shall—
establish methods for identifying and evaluating technical debt;
integrate technical debt management into the planning, programming, budgeting, and execution process, as well as information technology governance bodies;
establish prioritization approaches based on mission impact;
develop mechanisms for gap identification; and
define organizational responsibilities for remediating assessed technical debt of a program or system.
The Secretary of Defense shall implement the framework developed under subsection (a) not later than October 1, 2026, to support the planning, programming, and process for the budget justification materials to be submitted to Congress in support of the Department, as submitted with the budget of the President for fiscal year 2027 under section 1105(a) of title 31, United States Code.
Beginning with the fiscal year 2027 budget request, the Secretary of Defense shall ensure that, for each fiscal year, the budget justification materials to be submitted to Congress in support of the budget of the Department (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) include—
technical debt status assessments;
planned remediation investments;
risk assessments of investment gaps; and
alignment with modernization priorities.
The Secretary shall ensure Defense planning guidance and program objective memoranda address technical debt remediation requirements.
Not later than September 15, 2026, the Secretary shall provide to the congressional defense committees a briefing on the implementation and effectiveness of the technical debt management framework developed under subsection (a).
In this section:
The term information technology has the meaning given such term in section 11101 of title 40, United States Code.
The term technical debt means design or implementation constructs that are expedient in the short-term, but that set up a technical context that can make a future change costlier or impossible, as defined in Department of Defense Instruction 5000.87, or successor instruction.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a task force to support the assessment of vulnerabilities to defense critical infrastructure necessary for the execution of existing defense operational and contingency plans.
The task force established pursuant to paragraph (1) shall be known as the Mission Infrastructure Resilience Task Force (in this section the Task Force).
The purposes of the Task Force shall be—
to conduct assessments and analysis of use case-based mission threads to comprehensively identify, develop, and operationalize the full spectrum of capabilities required to protect and maintain defense critical infrastructure; and
to build and integrate the necessary resources, technologies, communication systems, tactics, techniques, and procedures, personnel with appropriate authorities, and exercise programs to ensure efficient and effective response when critical infrastructure supporting military operations and contingencies is threatened, degraded, or disrupted.
The Task Force shall be chaired by a representative from the Department of Defense Cyber Defense Command.
The Task Force shall include representatives from the following:
United States Cyber Command.
The Office of the Deputy Assistant Secretary of Defense for Defense Continuity and Mission Assurance.
The Joint Warfighting Analysis Center.
The Defense Advanced Research Projects Agency.
The Critical Infrastructure Defense Analysis Center.
The Air Force Cyber Resiliency Office of Control Systems program.
The energy, installations and environment, or civil engineering organizations of the military departments.
The Army Corps of Engineers Engineering Research and Development Center.
Each of the geographic and functional combatant commands, on an as-needed basis.
The Task Force shall—
conduct assessments and analysis of use case-based mission threads associated with defense operational and contingency plans, including through pilot programs, tabletop exercises, or studies that identify infrastructure dependencies and organizational transition points where operational responsibilities transfer between entities;
identify vulnerabilities and capability gaps in mission-critical infrastructure and determine—
the resources, authorities, technologies, partnerships with external and nongovernment entities, and funding necessary to address such vulnerabilities and gaps; and
the designation of lead organizations responsible for remediation activities and associated costs;
develop broad-based solutions to address gaps identified under paragraph (2), including—
establishment of communication pathways;
development of tools and technologies;
implementation of visualization and analytic programs; and
integration of unique capabilities, such as those provided by the National Guard;
assign organizational leads for remediation of specific gaps and vulnerabilities and develop comprehensive plans to address such gaps, including identification of funding and budgeting requirements necessary for successful remediation efforts;
monitor and assess the progress of remediation efforts and identify process improvements and solutions to address common deficiencies across multiple remediation activities;
develop and conduct exercises based on likely operational scenarios—
to validate the effectiveness of remediation efforts; and
to identify additional deficiencies or vulnerabilities requiring remediation;
establish a framework for readiness assessments to provide installation commanders and combatant commanders with visibility into the status of mission infrastructure resilience capabilities within their respective areas of responsibility;
conduct targeted analysis of specific topics as directed by the Chairman of the Joint Chiefs of Staff or the Secretary of Defense; and
perform such other duties as the Secretary of Defense may determine to be necessary and appropriate.
The Task Force shall develop a comprehensive transition plan for converting the Task Force into a permanent organization within the Department of Defense.
The transition plan required under paragraph (1) shall be developed and presented to the Secretary of Defense not later than 180 days prior to the termination date specified in subsection (f).
Not later than 180 days before the termination date specified in subsection (f), and annually thereafter through September 30, 2033, the Secretary shall provide to the congressional defense committees a briefing on the transition plan required under paragraph (1).
The Task Force shall terminate on September 30, 2030.
In this section:
The term defense critical infrastructure has the meaning given that term critical infrastructure of the Department of Defense in section 1650(e) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note).
The term mission threads means an end-to-end set of activities and tasks that support the execution of a specific operational mission or function.
Pursuant to section 1526 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4571 note) and the Department of Defense Private 5G Deployment Strategy (dated October 2024), each Secretary of a military department shall develop a prioritized list of bases that merit investment in private fifth generation information and communications networks.
In developing a list under subsection (a), a Secretary of a military department shall consider matters relating to the following:
High connection density.
Low latency.
High capacity.
Large geographic coverage.
Enhanced and tailored security, including obscured data transport, within wireless network services.
Base physical security and force protection requiring advanced processing of high-resolution distributed sensor feeds for perimeter monitoring, and detection and tracking of unmanned aerial systems (UAS), including through the potential use of a fifth generation information and communications network.
Efficient large-scale warehousing and logistics operations.
The use of augmented or virtual reality technology for efficient maintenance and training.
Large-scale and high-tempo flight line operations.
The Secretary of the Air Force shall use the prioritized list the Secretary developed under subsection (a) to inform task orders issued under the Enterprise Information Technology as a Service Base Infrastructure Modernization program. Task orders issued after the date of the enactment of this Act shall specify where Wi-Fi is fully adequate to meet requirements and where private fifth generation information and communications network performance is needed.
In developing prioritized lists under subsection (a), each of the Secretaries of the military departments shall coordinate with the Under Secretary of Defense for Research and Engineering, the Chief Information Officer of the Department of Defense, and such combatant commanders and directors of defense agencies as the Secretaries each consider appropriate.
Not later than March 1, 2026, the Secretary of Defense shall—
consolidate the prioritized base lists developed by the Secretaries of the military departments under subsection (a), and determine an optimal investment, deployment, and spend plan for private fifth generation Open Radio Access Network (ORAN) networks across the Department; and
submit to the congressional defense committees a report on the lists consolidated under paragraph (1) and the determinations made pursuant to such paragraph.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, Defense-wide, and available for travel expenses for the Office of the Chief Information Officer of the Department of Defense, not more than 90 percent may be obligated or expended until the date on which the Secretary of Defense provides the briefing required under subsection (b).
The Secretary shall, acting through the Chief Information Officer of the Department of Defense and in coordination with the Chief Information Officers from each of the military departments and the Director of the Defense Information Systems Agency, provide a brief to the congressional defense committees on—
how the Department of Defense plans to establish an open and competitive process through authorities granted in section 1521 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note) to procure best in class cybersecurity solutions, including endpoint, identity, and threat-hunting solutions; and
the benefits associated with the use of multiple different cybersecurity providers to support operational resilience of Department networks.
The brief required under subsection (b) shall include—
the status of the designation of an executive agent for Department of Defense-wide procurement of cyber data products and services as required by subsection (a) of section 1521 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note);
the establishment and operational status of the program management office required by such subsection;
progress made in developing Department-wide requirements for cyber data products and services; and
a detailed timeline for full implementation of the requirements specified in section 1521 of such Act (Public Law 117–81; 10 U.S.C. 2224 note).
The brief required by subsection (b) shall include a comprehensive acquisition strategy that—
outlines how the Department will leverage enterprise-wide procurement to achieve cost efficiencies compared to component-level procurements;
identifies metrics for measuring the effectiveness and value of enterprise-wide cyber solutions;
details plans to ensure accessibility of procured solutions across all military departments and components of the Department; and
describes how the Department will maintain vendor diversity and competition throughout the acquisition lifecycle.
The brief required under subsection (b) shall include—
estimated funding requirements for the implementation of enterprise-wide procurement of cyber data products and services for fiscal years 2026 through 2030; and
a description of how enterprise-wide procurement will result in cost savings compared to current acquisition approaches.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for operation and maintenance, Defense-wide, and available for travel expenses for the Office of the Chief Information Officer of the Department of Defense, not more than 85 percent may be obligated or expended until the date on which the Chief Information Officer of the Department of Defense, in coordination with the Chief Information Officers of the military departments, submits to the congressional defense committees the plan required under subsection (b).
The Chief Information Officer of the Department of Defense, in coordination with the Chief Information Officers of the military departments, shall develop and submit to the congressional defense committees a comprehensive plan to transition from legacy circuits to Internet Protocol-based circuits that comply with Department of Defense security requirements, including—
identification of all legacy circuits currently in use across the Department of Defense and the military departments;
establishment of timelines for the transition of each identified legacy circuit;
detail of resource requirements necessary to execute the transition;
identification of any technical, operational, or security challenges that may impact the transition and proposed solutions to address such challenges;
specification of associated funding lines for each military department and defense agency participating in the transition; and
identification of investments over the Future Years Defense Program required to complete the transition.
In this section:
The term Internet Protocol-based circuits means telecommunications circuits or services that utilize the Internet Protocol suite for packet switching and routing to transmit voice, data, and video communications.
The term legacy circuits means telecommunications circuits that utilize outdated technology with limited bandwidth, security features, or interoperability capabilities as compared to modern Internet Protocol-based alternatives.
Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for research, development, test, and evaluation, Defense-wide, for the Joint Staff and the Chief Digital and Artificial Intelligence Officer for the Combined Joint All-Domain Command and Control initiative, not more than 90 percent may be obligated or expended until the Secretary of Defense provides to the congressional defense committees a framework for such initiative that helps guide investments and measures progress for the initiative, as recommended by the Comptroller General of the United States in the report of the Comptroller General titled Defense Command and Control: Further Progress Hinges on Establishing a Comprehensive Framework (GAO–25–106454).
Not later than February 1, 2026, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Director of Cost Assessment and Program Evaluation, shall provide to the congressional defense committees a briefing on the plans and progress of transitioning the Joint Fires Network initiative to a program of record within the Air Force.
The briefing required by paragraph (1) shall include the following:
An update on the charter for the program, including organizational relationships between the Air Force program manager, relevant stakeholders supporting developmental efforts, and operational customers of the Joint Fires Network.
Details on the funding profile and milestones for the program across the future-years defense program, highlighting any potential challenges or delays, and recommendations for how to advance the Joint Fires Network program.
A description of processes and guardrails related to the management of requirements and funding to ensure military department-specific requirements or funding pressures are not prioritized over joint requirements or needs of operational customers.
A description and timeline of transition planning for providing specific capabilities to operational customers, including processes for balancing needs and requirements across multiple operational customers.
Not later than March 30, 2026, the Commander of the United States Indo-Pacific Command shall—
assess the plans and progress described in subsection (a)(1); and
provide to the congressional defense committees a briefing on the findings of the assessment.
The briefing required by paragraph (1) shall include the Commander's assessment of the following:
The charter for the program and organizational relationships for facilitating coordination with the Combatant Command.
Mechanisms to include feedback from operational customers in the program and continue the rapid delivery of the Joint Fires Network capability at the point of need.
The Secretary of Defense shall not take any action to divest, consolidate, or curtail any current cyber assessment capabilities or National Security Agency (NSA)-certified red teams supporting operational test and evaluation (OT&E) for Department of Defense programs until the Secretary provides the certification described under subsection (b).
The certification referred to in subsection (a) is a certification to the congressional defense committees that includes the following:
The analytic basis for making the decision to take an action described in subsection (a), including any cost, workload, and workforce requirements, as well as any analysis related to operational impact on users of cyber assessment capabilities provided by the Director of Operational Test and Evaluation (DOT&E).
Independent review by the Director of Cost Assessment and Program Evaluation of all such analyses provided under paragraph (1).
Certification by the Director of the Test Resource Management Center that such analyses and such decisions meet the requirements of the Department of Defense, as required by section 4173(c)(1)(B) of title 10, United States Code.
A comprehensive transition plan for critical cyber test and evaluation capabilities currently managed by the Director of Operational Test and Evaluation, including identification of receiving organizations within the services or Office of the Secretary of Defense, timeline for transfer, and measures to ensure continuity of operations.
A detailed assessment of funding requirements for maintaining and enhancing cyber test and evaluation capabilities during and after the transition, including how these funding elements will be incorporated into annual budget request documents.
A review of staffing, tools, and specialized resources needed to support cyber operational test and evaluation across major weapons and information technology programs within the receiving organizations.
A summary of efforts to integrate intelligence-informed threat data into operational cyber testing, including any remaining legal or technical barriers and proposed solutions.
A plan to improve coordination and information-sharing between cyber test and evaluation stakeholders, United States Cyber Command, and the intelligence community following the organizational transition.
Proposed metrics for evaluating mission effects in cyber-contested environments, consistent with guidance in the Cyber OT&E Guidebook, and how these will be maintained across organizational boundaries.
An assessment of the effectiveness and future needs of cyber assessment programs, including resource gaps and how these will be addressed by the receiving organizations.
Section 1555 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 503 note) is amended—
in subsection (a), by striking does not and all that follows through the end and inserting the following: “does not—
rate or rank news or information sources for the factual accuracy of their content;
provide ratings or opinions on news or in formation sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or
acquire or use any service that provides any ratings, rankings, or opinions described in paragraph (1) or (2) from any other person.
by striking subsection (c).
Not later than March 1, 2026, the Secretary of Defense shall, in consultation with the Joint Staff, the Director of the Defense Information Systems Agency, and such other agencies and combatant commands as the Secretary considers relevant, convene a working group—
to prepare the report required by subsection (b);
to provide the briefing required by subsection (c); and
to develop the strategy required by subsection (d).
The Working Group shall be composed of participants with relevant background or expertise, as determined by the Secretary, but shall include, at a minimum, the following:
At least one individual from the Office of the Secretary of Defense.
At least one individual from the Joint Staff.
At least one individual from the Defense Information Systems Agency.
The Secretary, or the Secretary's designee, shall serve as the chairperson of the Working Group.
Not later than February 1, 2027, the Secretary shall submit to the appropriate committees of Congress a report—
assessing the unique challenges of protecting covered undersea cables and covered cable landing stations from threats posed by the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, naval and shadow fleets of adversaries of the United States, and subsea cable destruction mechanisms and any foreign entity of concern;
specifically discussing the implications posed by relevant treaties and customary international law;
examining the roles, responsibilities, and limits of the Department of Defense in ensuring the security, resiliency, and integrity of covered undersea cables;
identifying gaps in current mechanisms for detection of, prevention of, and response to threats against covered undersea cables and covered cable landing stations; and
identifying methods for the Department to create and disseminate lawfare or transparency methods to promote international law and deter future grey zone tactics and declassify instances of adversarial action, as may be appropriate.
The report submitted pursuant to paragraph (1) shall include a description of each of the following:
Past, ongoing, or planned efforts to protect covered undersea cables and covered cable landing stations from espionage, cybersecurity threats, physical damage, and natural disasters.
Analysis of the capabilities of adversarial countries, including the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, and others, to target, compromise, intercept data transmissions or sensitive information from covered undersea cables.
Recommended areas for enhanced collaboration with industry stakeholders, including establishing standards, guidelines, and public-private reporting mechanisms.
Assessment of training needs, including the development of a dedicated cadre of covered undersea cable security experts.
Identification of resources required for expanded operations and enhanced interagency and international coordination.
Recommendations for enhanced collaboration with allied and partner nations, including current best practices and lessons learned.
Assessment of the maximum disruption to covered undersea cables and landing stations tolerable for the continuity of critical Department of Defense operations.
The practicability of repairing any covered undersea cable within 100 hours, including through the development and use of aerial-deliverable, submersible, splicing robots.
The utility and practicability of developing 72-hour deployable portable cable landing stations.
Identification of the costs associated with the deployment of anti-tamper sensors.
The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Not later than March 15, 2027, the Working Group shall provide to the appropriate committees of Congress a briefing on the findings and recommendations contained in such report.
Not later than February 1, 2027, the Working Group shall, in consultation with such governmental or non-governmental entities as the Working Group considers appropriate, submit to the appropriate committees of Congress a strategy to disseminate to allies and partners of the United States, industry, and such other entities as the Working Group considers appropriate to address the threats, gaps, roles, responsibilities, and challenges described in subsection (b)—
to address threats to the physical security, cybersecurity resiliency, and integrity of covered undersea cables and covered cable landing stations, including redundancies and response options in the event of multiple or coordinated attacks on cable infrastructure;
to enhance the Department of Defense’s international collaboration on matters relating to the security of covered undersea cable and covered cable landing stations, including joint exercises with allies and partners of the United States;
to incorporate covered undersea cable security into mission sets and operational planning of relevant combatant commands (COCOMs);
to foster engagement with private industry to ensure technological advancements and best practices are leveraged for the protection of covered undersea cable and covered cable landing stations; and
to develop lawfare or transparency methods to promote international law and deter future grey zone tactics.
In this section:
The term appropriate committees of Congress means the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
The term covered cable landing station means a covered undersea cable landing station in, owned by, or operated by the United States or an ally of the United States.
The term covered undersea cable means a commercial undersea telecommunications cable landing in, owned by, or operated by the United States or an ally of the United States.
The term cybersecurity threat has the meaning given such term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
The term foreign entity of concern has the meaning given such term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
The term Working Group means the working group convened pursuant to subsection (b)(1).
The Inspector General of the Department of Defense shall conduct an audit of cloud computing contracts for the Department of Defense to assess the risk of exposure of sensitive information, including data, systems architecture details, procedures, or other controlled unclassified information, as a result of policies that may have allowed computer scientists or engineers from foreign countries of concern to access proposed software updates to underlying cloud computing infrastructure or operating systems.
The audit conducted pursuant to paragraph (1) shall cover the following:
Determination of how many cloud computing contracts the Department has that may be or have been supported by employees located in foreign countries of concern or are citizens of foreign countries of concern.
Identification of policies or clauses in such cloud computing contracts that allow for the use of so called digital escorts, computer scientists, or engineers from foreign countries of concern.
Assessment of agreements in place that use so called digital escorts to provide oversight to employees from foreign countries of concern, including identification of instances in which such authorities were used during the period beginning on January 1, 2022, and ending on the date of the enactment of this Act.
Assessment of the national security risks that stem from cloud computing contracts that use labor from foreign countries of concern.
Recommendations on ways to reduce, mitigate, or eliminate risk from initiatives such as so called digital escorting, or the use of computer scientists or engineers from foreign countries of concern.
Not later than July 1, 2026, the Inspector General shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the findings of the Inspector General with respect to the audit conducted pursuant to paragraph (1).
Based on the audit conducted under subsection (a), the Secretary shall issue new guidance to reduce, mitigate, or eliminate risk to Department data or cloud computing infrastructure from foreign countries of concern.
The guidance issued pursuant to paragraph (1) shall—
restrict the use of personnel from foreign countries of concern to support Department information technology systems; and
require disclosure to the congressional defense committees if the Secretary finds a Department information technology system is maintained by personnel from a foreign country of concern.
The Secretary may waive any guidance issued under paragraph (1) in any case in which the Secretary certifies in writing that such waiver—
does not pose a risk to national security; and
is necessary in the interest of national security.
ln this section, the term foreign country of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Cyber Policy shall establish a public-private partnership body to address cybersecurity and physical security threats and vulnerabilities to highly capable artificial intelligence and machine learning systems.
The public-private partnership body established under subsection (a) shall serve as a forum for engagement between the Department of Defense and commercial industry partners to align and enhance cybersecurity and physical security frameworks and practices applicable to both national security systems and artificial intelligence and machine learning systems at risk from sophisticated state actors.
The public-private partnership body developed under subsection (a) shall—
convene regular engagements to discuss cybersecurity and physical security threats and vulnerabilities specific to highly capable artificial intelligence and machine learning systems, with a focus on both current and emerging threats posed by state-sponsored cyber actors;
facilitate the development, sharing, and alignment of best practices and robust cybersecurity and physical security frameworks between the Department and commercial industry to protect artificial intelligence and machine learning systems;
promote collaborative threat intelligence sharing between the Department and commercial entities, with particular attention to vulnerabilities in artificial intelligence and machine learning systems used in critical infrastructure, defense operations, and sensitive national security functions; and
develop recommendations for cybersecurity and physical security policy enhancements aimed at safeguarding artificial intelligence and machine learning technologies from state-sponsored cyber attacks and report findings and policy recommendations to Congress on an annual basis.
The public-private partnership body developed under subsection (a) shall include representatives from—
the Department of Defense, including—
the Office of the Assistant Secretary of Defense for Cyber Policy;
the Under Secretary of Defense for Intelligence and Security;
the Chief Information Officers of the Department of Defense and the Armed Forces;
the Chief Digital and Artificial Intelligence Officer of the Department of Defense;
the Defense Advanced Research Projects Agency;
the National Security Agency;
United States Cyber Command;
the Defense Cyber Crime Center; and
such other entities in the Department of Defense and military departments with responsibilities for cybersecurity or artificial intelligence systems as the Assistant Secretary considers relevant;
commercial industry companies with expertise in highly capable artificial intelligence and machine learning systems, or cybersecurity or physical security practices, including—
cloud computing and artificial intelligence service providers;
cybersecurity companies;
artificial intelligence research and development companies;
telecommunications companies; and
such other industry leaders as the Assistant Secretary identifies as relevant and appropriate; and
federally funded research and development centers, national laboratories, and academic institutions with demonstrated expertise in highly capable artificial intelligence and machine learning systems, cybersecurity or physical security practices.
Not later than one year after the date of the establishment of the public-private partnership body under subsection (a), and not less frequently than once each year thereafter until December 1, 2030, the Assistant Secretary shall submit to the congressional defense committees a report summarizing—
the key finding from the engagements held under subsection (c)(1), including any identified cybersecurity or physical security vulnerabilities in artificial intelligence and machine learning systems;
recommendations for enhancing cybersecurity or physical security policy and practices to protect artificial intelligence and machine learning systems across both the Department and commercial sectors; and
an analysis of the progress made in aligning Department and commercial cybersecurity and physical security frameworks to address state-sponsored cyber threats.
Not later than April 1, 2026, the Secretary of Defense shall, acting through the Chief Digital and Artificial Intelligence Officer and the Chief Information Officer of the Department of Defense, establish a task force on artificial intelligence sandbox environments (in this section referred to as the Task Force).
The Task Force shall identify, coordinate, and advance Department-wide efforts to develop and deploy virtual environments necessary to support artificial intelligence experimentation, training, familiarization, and development across the Department of Defense enterprise. These virtual environments, known as an artificial intelligence sandbox, shall—
provide capability for personnel with varied technical proficiency, from novice users to experienced practitioners;
enable the building, training, evaluation, and deployment of artificial intelligence models;
facilitate familiarity with and utilization of existing artificial intelligence capabilities; and
accelerate the responsible adoption of artificial intelligence across the Department.
The Task Force shall be co-chaired by the Chief Digital and Artificial Intelligence Officer and the Chief Information Officer.
The Task Force shall be composed of—
the chief artificial intelligence officers of the military departments, or in the absence of such position, the individual responsible for leading artificial intelligence efforts within each military department;
the chief information officers of the military departments;
the chief artificial intelligence officers of the combatant commands and joint staff, or in the absence of such position, the individual responsible for leading artificial intelligence efforts within each combatant commands;
the chief information officers of the combatant commands, and joint staff, or in the absence of such position, the individual responsible for leading information technology efforts within each combatant commands;
the Directors for Command, Control, Communications, and Computers/Cyber (J6) of the combatant commands, or their designees;
the Director for Command, Control, Communications, and Computers/Cyber (J6) of the Joint Staff, or their designee; and
such other officials of the Department as the co-chairs of the Task Force consider appropriate.
The Task Force shall—
identify and consolidate common requirements with respect to artificial intelligence sandbox environments across the Department, including requirements relating to interfaces for users with varying technical expertise, computational resources and infrastructure, pre-trained models and datasets, and educational and training materials;
identify, inventory, and ensure the availability of existing solutions and technical documentation, including machine-readable documents, reference architectures, and user guides;
publish an analysis matching common requirements identified under paragraph (1) with existing solutions identified under paragraph (2);
utilize existing Department mechanisms to achieve efficiencies through enterprise licenses and contracts;
identify and, where possible, streamline authority to operate approvals for each element of common artificial intelligence sandbox environment architectures; and
publish guidance on the appropriate use of artificial intelligence sandbox environments for users at all skill levels.
Not later than August 1, 2026, the co-chairs of the Task Force shall provide to the congressional defense committees a briefing on the goals and objectives of the Task Force.
The Task Force shall terminate on January 1, 2030.
In this section:
The term artificial intelligence has the meaning given such term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).
The term artificial intelligence sandbox environment means a secure, isolated computing environment that enables users with varying levels of technical expertise to access artificial intelligence tools, models, and capabilities for the purposes of experimentation, training, testing, and development without affecting operational systems or requiring specialized technical knowledge to operate.
The term authority to operate means the official management decision given by a senior organizational official to authorize operation of an information system and to explicitly accept the risk to organizational operations and assets, individuals, other organizations, and the United States based on the implementation of an agreed-upon set of security controls, as defined in Committee on National Security Systems Instruction 4009, or successor document.
The Secretary of Defense shall, in accordance with section 911 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), establish a cross-functional team for artificial intelligence model assessment and oversight (in this section referred to as the Cross-Functional Team).
The purpose of the Cross-Functional Team is to develop a standardized assessment framework and governance structure to evaluate, oversee, and facilitate collaboration on artificial intelligence models employed by the Department of Defense.
The Chief Digital and Artificial Intelligence Officer shall lead the Cross-Functional Team.
The Secretary shall ensure that the Cross-Functional Team includes representatives from—
the Office of the Chief Information Officer;
the chief artificial intelligence officers of the military departments, or in the absence of such position, the individual responsible for leading artificial intelligence efforts within each military department;
the chief information officers of the military departments;
the chief artificial intelligence officers of the combatant commands and the Joint Staff, or in the absence of such position, the individuals responsible for leading artificial intelligence efforts within each such command and the Joint Staff;
the chief information officers of the combatant commands and the Joint Staff, or in the absence of such position, the individuals responsible for leading information technology efforts within each such command and the Joint Staff; and
such other components as the Secretary determines appropriate.
The duties of the Cross-Functional Team are as follows:
To develop a standardized assessment framework for artificial intelligence models currently used by the Department of Defense.
To establish Department-wide guidelines for artificial intelligence model evaluation for future models being considered for Department use.
To develop governance structures for model development, testing, and deployment.
To identify appropriate assessment levels based on use case-based risk.
To establish mechanisms for cross-component collaboration.
To develop processes for use case submission, review, and approval.
The assessment framework developed under subsection (b) shall address—
model performance standards;
development documentation requirements;
testing procedures;
ethical principles compliance;
assessment methodologies and validity periods;
security requirements and compliance regulations, including the Federal Risk and Authorization Management Program; and
such other elements as the Cross-Functional Team determines appropriate.
The Secretary shall designate such Department organizations as the Secretary considers appropriate to serve as functional leads for artificial intelligence applications.
In designating functional leads under paragraph (1), the Secretary shall consider—
subject matter expertise;
equities in the functional area; and
capability to establish assessment standards.
The Chief Digital and Artificial Intelligence Officer shall—
serve as the functional lead for business systems with artificial intelligence models; and
provide Department-wide guidance on commercial artificial intelligence models.
Not later than January 1, 2028, the Secretary shall, using the standard assessment framework developed by the Cross-Functional Team under subsection (a)(2), assess all major artificial intelligence systems of the Department.
In administering this section, the Secretary shall ensure the completion of each of the following milestones:
The Cross-Functional Team is established in accordance with subsection (a) on or before June 1, 2026.
The functional leads for artificial intelligence application are designated in accordance with subsection (b) on or before January 1, 2027.
The Cross-Function Team completes development of the standardized assessment framework and governance structure required by subsection (a)(2) on or before June 1, 2027.
Initial assessments of major artificial intelligence systems are conducted under subsection (c) and completed on or before January 1, 2028.
Not later than 30 days after the completion of each milestone set forth under paragraph (1), the Secretary shall provide the congressional defense committees a briefing on the status of the Secretary in administering this section.
The Cross-Functional Team shall terminate on December 31, 2030.
Not later than June 30, 2030, the Secretary shall designate an organization to succeed the Cross-Functional Team and develop a plan to transfer the duties of the Cross-Functional Team specified by subsection (a)(4) to such successor organization.
Not later than one year after the date on which the Cross-Functional Team is terminated and not less frequently than once each year thereafter until the date that is three years after the date on which the Cross-Functional Team is terminated, the Secretary shall submit to the congressional defense committees an annual report on the activities of the element of the Department to which the duties of the Cross-Functional Team were transferred.
In this section:
The term artificial intelligence has the meaning given in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).
The term functional area refers to a specialized domain of artificial intelligence application within the Department where models are developed, evaluated, and employed for similar use cases under comparable operational conditions. Examples of functional areas may include decision support systems, business systems, avionics, cybersecurity, intelligence applications, logistics and maintenance, and health care.
The Secretary of Defense shall establish a working group to develop and implement a common data ontology and governance structure across the Department of Defense.
The working group established pursuant to paragraph (1) shall be known as the Department of Defense Ontology Governance Working Group (in this section the Working Group).
The purpose of the Working Group is to develop and implement a common data ontology and governance structure across the Department of Defense to improve data interoperability, enhance information sharing, and enable more effective decision making throughout the Department.
The Working Group shall consist of—
the Chief Digital and Artificial Intelligence Officer;
the Chief Information Officer of the Department of Defense;
the Chief Data Officers of the Department of Defense;
the Chief Information Officers of the military departments and the combatant commands;
such representatives from defense intelligence entities as the Secretary considers appropriate; and
such other officers or employees of the Department as the Secretary considers appropriate.
The Working Group shall—
shall coordinate with and build upon any existing data ontology development efforts within the Department of Defense and intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) to ensure complementary and nonduplicative efforts;
incorporate Department-wide data as well as data from defense intelligence entities;
develop and maintain domain-specific data ontologies that address specialized knowledge areas within the Department of Defense, including warfighting, logistics, personnel, intelligence, and cybersecurity domains;
establish a process to identify and designate functional domain leads responsible for leading the development, review, approval, and respective guidance of data ontologies for their particular domains;
evaluate what security risks are introduced with common and domain-specific data ontologies and how these risks should be mitigated; and
establish a governance framework that includes—
a centralized repository to store the common and domain-specific data ontologies in a manner accessible to all authorized stakeholders;
robust version control mechanisms to track changes, manage different versions, and ensure a stable and authoritative source;
clear ownership designations and role definitions for data ontology management, including modification and access authorities for both enterprise-wide and domain-specific ontologies;
standardized governance procedures for updating, reviewing, and maintaining the data ontologies to ensure relevance and accuracy;
adherence to established data ontology engineering principles that promote interoperability and reusability across domains; and
integration with existing Department data management practices and systems.
In designating functional domain leads under subsection (d)(4), the Working Group shall select individuals who possess extensive subject matter expertise in their respective domains and maintain substantial equities or responsibilities within the domain.
Functional domain leads selected under subsection (d)(4) shall be selected to ensure appropriate representation across the Department, including the military departments, combatant commands, defense agencies, and field activities.
Functional domain leads selected under subsection (d)(4) shall be responsible for—
leading the development and maintenance of data ontologies within their domains;
reviewing and approving domain-specific data ontology elements;
ensuring alignment between domain-specific data ontologies and the enterprise-wide data ontology framework;
developing domain-specific guidance for data ontology implementation; and
serving as the authoritative source for domain knowledge within the data ontology governance structure.
The Secretary shall ensure that the Working Group is established pursuant to subsection (a) not later than June 1, 2026, and the Working Group shall remain in effect for a period of not less than 5 years beginning on the date of the establishment of the Working Group, unless the Secretary determines that it is necessary to transition the Working Group into a permanent organization.
Not later than August 1, 2026, the Working Group shall identify and designate functional domain leads in accordance with subsections (d)(4) and (e).
Not later than June 1, 2027, the Working Group shall develop and distribute Department-level policy on the data ontology governance structure, including guidelines for the development, maintenance, and integration of domain-specific ontologies.
The Working Group shall oversee the implementation of the governance structure by June 1, 2028.
Not later than July 1, 2027, the Working Group shall provide to the congressional defense committees a briefing on progress of the Working Group.
Not later than June 30, 2028, the Secretary shall submit to the congressional defense committees a report on the implementation of the ontology governance structure, including the status of implementation for both enterprise-wide and domain-specific ontologies, and recommendations for sustainment and further development.
In this section:
The term data domain ontology means a data ontology that is specific to a particular functional, operational, or subject-matter area within the Department, including warfighting, logistics, personnel, intelligence, or cybersecurity domains.
The term data ontology means a formal, structured representation and categorization of data elements, their properties, and the relationships between them within an information system or knowledge domain that enables consistent interpretation, integration, and analysis of data across different systems and users.
Section 1532(c) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended—
in paragraph (1), by inserting , including both dedicated Department of Defense owned and maintained computing assets, as well as commercially procured cloud services or other infrastructure-as-a service contracts before the period at the end;
in paragraph (2)—
by redesignating subparagraph (C) as subparagraph (D); and
by inserting after subparagraph (B) the following new subparagraph (C):
For any data centers to be built or expanded on a military installation, an estimate, to the degree that the Secretary determines that providing such an estimate will not delay the submittal of the triennial update required by paragraph (3), of the additional needs for those data centers, including—
an estimate of the increased footprint for physical space needs;
assessments of projected electricity and water usage requirements for the projected artificial intelligence data center footprint;
anticipated impact on the installation and the surrounding community based on increased power, water, and other resource needs, including measures to mitigate any potential adverse impacts on military installations; and
strategies to prevent disruptions to local utility services and to ensure community resilience, including consultation with local, State, and Federal agencies to align infrastructure planning with broader community needs.
by adding at the end the following:
Not later than March 1, 2027, and not later than March 1 of every third year thereafter until March 1, 2033, the Secretary shall update the roadmap required by paragraph (1) and submit to the congressional defense committees the updated roadmap.
Not later than April 1, 2026, the Secretary of Defense shall establish a steering committee on artificial general intelligence.
The steering committee established pursuant to paragraph (1) shall be known as the Artificial General Intelligence Steering Committee (in this section the Steering Committee).
The Steering Committee shall be composed of the following:
The Deputy Secretary of Defense.
The Vice Chairman of the Joint Chiefs of Staff.
The Vice Chief of Staff of the Army, the Vice Chief of Staff of Naval Operations, the Assistant Commandant of the Marine Corps, the Vice Chief of Staff of the Air Force, the Vice Chief of Space Operations, and the Vice Chief of the National Guard Bureau.
The Under Secretary of Defense for Acquisition and Sustainment.
The Under Secretary of Defense for Research and Engineering.
The Under Secretary of Defense for Intelligence and Security.
The Under Secretary of Defense (Comptroller)/Chief Financial Officer.
Such representatives from the military departments as the Secretary considers appropriate.
The Chief Digital and Artificial Intelligence Officer of the Department of Defense.
Representatives of such innovation centers within the defense innovation ecosystem as the Secretary of Defense determines appropriate.
Representatives of such other organizations and elements of the Department of Defense as the Secretary determines appropriate.
The Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff shall serve as the Co-Chairpersons of the Steering Committee.
The Steering Committee shall be responsible for—
analyzing the current trajectory of artificial intelligence models and enabling technologies that would support achievement of artificial general intelligence, including—
current and emerging models, including frontier and world models;
agentic algorithms;
neuromorphic computing;
cognitive science applications for algorithm or model development;
infrastructure needs;
new or emerging microelectronics designs or architectures; and
such other technology disciplines as the Steering Committee determines appropriate;
assess the technological, operational, and doctrinal trajectory of adversaries of the United States towards the goal of achieving an artificial general intelligence;
analyzing the military applications and implications of artificial general intelligence for the Department;
developing a strategy for the Department adoption of artificial general intelligence, including—
articulation of ethical and policy guardrails;
required resources, including through the use of new or novel funding mechanisms like purchase commitments, financing arrangements, or loans or loan guarantees;
measurable goals; and
mechanisms available for transition or adoption through public-private partnerships; and
analyzing the threat landscape emanating from adversarial use of artificial general intelligence and developing options and counter-artificial general intelligence strategies to defend against such use.
Not later than January 31, 2027, the Deputy Secretary shall submit to the congressional defense committees a report on the findings of the Steering Committee with respect to the matters covered by subsection (d).
The report submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
The Deputy Secretary shall make available to the public the unclassified portion of the report submitted pursuant to paragraph (1).
The requirements and authorities of this section shall terminate on December 31, 2027.
In this section:
The term artificial general intelligence means artificial intelligence-capable systems with the potential to match or exceed human intelligence across most cognitive tasks, distinct from narrow artificial intelligence systems designed for specific tasks in defined domains.
The term innovation ecosystem means a regionally based network of private sector, academic, and government institutions in a network of formal and informal institutional relationships that contribute to technological and economic development in a defined technology sector or sectors.
The Secretary of Defense shall develop a framework for implementation of cybersecurity and physical security standards and best practices relating to covered artificial intelligence and machine learning technologies to mitigate risks to the Department of Defense from the use of such technologies.
The framework developed under paragraph (1) shall cover all relevant aspects of the security of artificial intelligence and machine learning systems, including the following:
Workforce risks, such as insider threat risks.
Training and workforce development requirements, including with respect to the following:
Artificial intelligence security awareness.
Artificial intelligence-specific threats and vulnerabilities.
Continuum of professional development and education of artificial intelligence security expertise.
Supply chain risks, such as counterfeit parts or data poisoning risks.
Risks relating to adversarial tampering with artificial intelligence systems.
Risks relating to unintended exposure or theft of artificial intelligence systems or data.
Security posture management practices, including governance of security measures, continuous monitoring, and incident reporting procedures.
An evaluation of commercially available platforms for continuous monitoring and assessment.
The framework developed under paragraph (1) shall be risk-based, with higher security levels corresponding proportionally to the national security or foreign policy risks posed by the covered artificial intelligence technology being stolen or tampered with.
To the maximum extent feasible, the framework developed under paragraph (1) shall—
draw on existing cybersecurity references, such as the NIST Special Publication 800 series; and
be implemented as an extension or augmentation of existing cybersecurity frameworks developed by the Department of Defense, such as the Cybersecurity Maturity Model Certification framework.
The framework developed under paragraph (1) shall take into account that the most highly capable artificial intelligence systems may be of great interest to the most highly capable cyber threat actors, such as intelligence and defense agencies of peer and near-peer nations.
The Secretary shall ensure that cybersecurity frameworks provided for contractors contain security levels designed to mitigate risks posed by cyber threat actors described in subparagraph (A), with the highest levels being similar in scope to the level of protection offered by national security systems.
To the extent feasible, any additional security levels developed under subparagraph (B) shall be designed generally for all software systems, but may contain components designed specifically for highly capable artificial intelligence systems.
The Secretary may amend the Defense Federal Acquisition Regulation Supplement, or take other similar action, to require covered entities to implement the best practices described in the framework developed under subsection (a).
Requirements implemented in rules developed under paragraph (1) shall be as narrowly tailored as practicable to the specific covered artificial intelligence and machine learning technologies developed, deployed, stored, or hosted by a covered entity, and shall be calibrated accordingly to the different tasks involved in development, deployment, storage, or hosting of components of those covered artificial intelligence and machine learning technologies.
In implementing paragraph (1), the Secretary shall—
consider the costs and benefits to the Department and to United States national security and technological leadership, of imposing security requirements on covered entities; and
to the extent feasible, design requirements in a way that allows for transparent trade space analysis between competing requirements in order to minimize costs and maximize benefits.
In carrying out subparagraph (A), the Secretary shall, in particular, weigh the costs of slowing down artificial intelligence and machine learning development and deployment against the benefits of mitigating national security risks and potential security risks to the Department of Defense from using commercial software.
The framework required by subsection (a)(1) shall include a detailed implementation plan that—
establishes timelines and milestones for achieving the objectives outlined in the framework;
identifies resource requirements and funding mechanisms; and
provides metrics for measuring progress and effectiveness.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees an update on the status of implementation of the requirements of this section.
In this section:
The term artificial intelligence has the meaning given such term in 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).
The term covered artificial intelligence and machine learning technology means an artificial intelligence or machine learning system procured by the Department of Defense and all components of the development and deployment lifecycle of that artificial intelligence system, including source code, numerical parameters (such as model weights) of the trained artificial intelligence or machine learning system, details of any methods and algorithms used to develop that system, data used in the development of the system, and software used for evaluating the trustworthiness of the artificial intelligence or machine learning system during development or deployment.
The term covered entity means an entity that enters into a Department of Defense contract that engages in the development, deployment, storage, or hosting of a covered artificial intelligence technology.
Except as provided in subsection (b), not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall require all Department of Defense offices and components to exclude or remove covered artificial intelligence from all Department of Defense systems and devices.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall consider issuing guidance to all Department offices and components to exclude or remove artificial intelligence developed by a foreign adversary entity in cases in which the Secretary determines that the artificial intelligence poses a national security risk for all Department systems and devices.
Except as provided in subsection (b), not later than 30 days after the date of enactment of this Act, no contractor with an active Department contract may use covered artificial intelligence for fulfillment, assistance, execution, or otherwise support to complete, or support in part, a contract with the Department.
Except as provided in subsection (b), if the Secretary issues guidance described in paragraph (2) to exclude or remove an artificial intelligence developed by a foreign adversary entity that the Secretary determines poses a national security risk as described in such paragraph, no contractor with an active Department contract may use the artificial intelligence for fulfillment, assistance, execution, or otherwise support to complete, or support in part, a contract with the Department.
The Secretary may waive a prohibition under subsection (a), on a case-by-case basis, if the Secretary determines that the waiver is necessary—
for the purpose of scientifically valid research (as defined in section 102 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9501));
for the purpose of evaluation, training, testing, or other analysis needed for national security;
for the purpose of conducting counter terrorism, counterintelligence, or other operational military activities supporting national security; or
for the purpose of fulfilling mission critical functions.
In any case in which the Secretary issues a waiver pursuant to paragraph (1), the Secretary shall take such steps as the Secretary considers necessary to mitigate any risks due to the issuance of the waiver.
In this section:
The term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401) and includes the systems and techniques described in paragraphs (1) through (5) of section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).
The term covered artificial intelligence means—
any artificial intelligence, or successor artificial intelligence, developed by the Chinese company DeepSeek; and
any artificial intelligence, or successor artificial intelligence, developed by High Flyer or an entity owned by, funded by, or supported by High Flyer or an entity with respect to which High Flyer directly or indirectly owns at least a 20 percent stake.
The term foreign adversary has the meaning given the term covered nation in section 4872(f) of title 10, United States Code.
The term foreign adversary entity means—
a foreign adversary;
a foreign person domiciled in, headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary;
an entity with respect to which a foreign person or combination of foreign persons described in subparagraphs (A) or (B) directly or indirectly owns at least a 20 percent stake; or
a person subject to the direction or control of a foreign person or entity described in subparagraphs (A), (B), or (C).
Not later than June 1, 2026, the Secretary of Defense shall develop a roadmap to guide potential future adoption and integration of digital content provenance capabilities across the Department of Defense.
The roadmap developed pursuant to subsection (a) shall—
identify and assess current and proposed open technical standards for digital content provenance that could be applied to publicly released digital media assets produced by the Department of Defense, the military components, and field activities of the Department;
identify strategic objectives relating to securing and authenticating public-facing digital content;
describe relevant roles and responsibilities across military departments and components of the Department;
explore the establishment of standardized processes to enable embedding and verification of content credentials in appropriate public-facing Department media;
outline potential acquisition approaches for supporting technologies and solutions;
develop metrics, as appropriate, to assess the effectiveness, reliability, and scalability of digital content provenance technologies;
establish an engagement mechanism for coordination with relevant stakeholders, including federally funded research and development centers, industry, and academia, to align efforts with evolving best practices and technical capabilities; and
establish notional milestones and resource needs, disaggregated by fiscal year, to inform longer-term planning.
Not later than July 1, 2026, the Secretary of Defense shall provide the congressional defense committees a briefing on the Department’s roadmap for adopting digital content provenance standards. The briefing should address—
initial findings regarding feasibility, opportunities, and potential barriers;
stakeholder engagement to date; and
any planned next steps or pilot efforts under consideration.
In this section, the term digital content provenance means the verifiable history and origin of a digital asset, including information about its creation, ownership, and modifications over time.
In carrying out the duties of the Secretary of Defense, the Secretary shall identify and prioritize the protection of personal data that is related to or may have impacts on the operational security of members of the Armed Forces and civilian employees of the Department of Defense through the prevention of collection, use, dissemination, or retention of such data that does not conform with provisions of law and practices relating to privacy that were in effect on the day before the date of the enactment of this Act.
Not later than June 1, 2026, the Secretary of Defense will review all applicable guidance and policy relating to the protection of personal data that is related to or may have impacts on the operational security of Department personnel and, if necessary, issue revised or new guidance for enhanced protection measures for such data. Such guidance shall cover provisions of law and practices relating to privacy and personnel security that were in effect on the day before the date of the enactment of this Act.
The Secretary shall ensure that no Department personal data related to or that may have impacts on the operational security of Department personnel is stored on a non-Department server or cloud service except pursuant to a contract or other agreement entered into by the Secretary and a contractor or subcontractor of the Department or, for personnel data, with the permission of the data subject.
The Secretary may waive paragraph (1) in a case in which the Secretary certifies in writing that such waiver—
appropriately considers the operational security risks to an employee of the Department with respect to whom such data may relate;
does not pose a risk to national security; and
is necessary in the interest of national security.
Not later than 30 days after the date on which the Secretary changes a Department issuance relating to the protection of personal data that is related to or may have impacts on the operational security of Department personnel, the Secretary shall submit to Congress notice of the change.
The requirement of paragraph (1) shall terminate on the date that is five years after the date of the enactment of this Act.
Not later than 30 days after the date of the occurrence of an event described in paragraph (2), the Secretary shall submit to Congress notice of the event.
An event described in this paragraph is an occurrence of an event in which—
the Secretary issues a waiver under subsection (c)(2);
personal data related to or that may have an impact on operational security of Department personnel is not stored according to Department regulations or exfiltrated in violation of Department regulations;
personal data related to or that may have an impact on operational security of Department personnel is stored on a non-Department server or cloud service that has not undergone an authorization process in accordance with Department regulations; or
personal data related to or that may have an impact on operational security of Department of Defense personnel is exposed in any cybersecurity incident.
The Secretary shall develop standards, training, reporting, and security debriefing requirements for Department personnel who receive write or read access privileges as system owners across more than one platform of Department information systems that hosts personal data related to or that may have an impact on operational security of Department personnel.
The Secretary shall ensure that personnel described in paragraph (1) are provided regular security debriefings, including after departing the Department.
Not later than 30 days after the completion of the development of the standards, training, reporting, and security debriefing requirements in paragraph (1) the Secretary shall submit to Congress details of the requirements.
This title may be cited as the Foreign Investment Guardrails to Help Thwart China Act of 2025 or FIGHT China Act of 2025.
Except as otherwise provided, in this title, the term Secretary means the Secretary of the Treasury.
If any provision of this title, or the application thereof, is held invalid, the validity of the remainder of this title and the application of such provision to other persons and circumstances shall not be affected thereby.
There is authorized to be appropriated $150,000,000 to the Department of the Treasury, out of which amounts may be transferred to the Department of Commerce to jointly conduct outreach to industry and persons affected by this title, for each of the first two fiscal years beginning on or after the date of the enactment of this Act, to carry out this title.
The President may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 15 individuals directly to positions in the competitive service (as defined in section 2102 of that title) to carry out this title.
The Secretary and the Secretary of Commerce may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals directly to positions in the competitive service (as defined in section 2102 of that title) of the Department of the Treasury and the Department of Commerce, respectively, to carry out this title.
This title shall cease to have any force or effect on the date on which the Secretary of Commerce revises section 791.4 of title 15, Code of Federal Regulations, to remove the People’s Republic of China from the list of foreign adversaries contained in such section.
The President may impose the sanctions described in subsection (b) with respect to any foreign person determined by the Secretary, in consultation with the Secretary of State, to be a covered foreign person.
The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person that is determined to be a covered foreign person pursuant to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act (50 U.S.C. 1705(a)).
Sanctions under this section shall not apply with respect 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.) or any authorized intelligence activities of the United States.
Nothing in this section shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof.
Not later than 365 days after the date of the enactment of this Act, and annually thereafter for 7 years, the Secretary shall submit to the appropriate congressional committees a report that—
states whether each foreign person on the Non-SDN Chinese Military-Industrial Complex Companies List is a covered foreign person; and
shall be submitted in unclassified form, but may include a classified annex.
In determining whether a foreign person is a covered foreign person, the President—
may consider credible information obtained by other countries, nongovernmental organizations, or the appropriate congressional committees that relates to the foreign person; and
may consider any other information that the Secretary deems relevant.
The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
The President shall delegate the authorities granted by this section to the Secretary.
In this subtitle:
The term appropriate congressional committees means—
the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate.
The term country of concern—
means the People’s Republic of China; and
includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
The term covered foreign person means a foreign person—
that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
the equity securities of which are primarily traded in the ordinary course of business on one or more exchanges in a country of concern;
that is a member of the Central Committee of the Chinese Communist Party;
that is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof;
that is subject to the direction or control of any entity described in clause (i), (ii), (iii), or (iv); or
that is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in clause (i), (ii), (iii), or (iv); and
that knowingly engaged in significant operations in the defense and related materiel sector or the surveillance technology sector of the economy of a country of concern.
The term foreign person means a person, country, state, or government (and any political subdivision, agency, or instrumentality thereof) that is not a United States person.
The term Non-SDN Chinese Military-Industrial Complex Companies List means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), or any successor order.
The term United States person means—
any United States citizen or an alien lawfully admitted for permanent residence to the United States;
an entity organized under the laws of the United States or of any jurisdiction within the United States (including any foreign branch of such an entity); or
any person in the United States.
The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended by adding at the end the following:
The Secretary may prohibit, in accordance with regulations issued under subsection (e), a United States person from knowingly engaging in a covered national security transaction in a prohibited technology.
Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in subsection (a) is prohibited.
Subject to subsection (d), the Secretary is authorized to exempt from the prohibition set forth in subsection (a) any activity determined by the President, in consultation with the Secretary, the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, to be in the national interest of the United States.
The Secretary shall—
notify the appropriate congressional committees not later than 5 business days after issuing a waiver under subsection (c); and
include in such notification an identification of the national interest justifying the use of the waiver.
The Secretary, in consultation with the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, may issue regulations to carry out this section in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as Administrative Procedure Act).
The regulations issued under paragraph (1) shall include a process under which a person can request non-binding feedback on a confidential basis as to whether a transaction would constitute a covered national security transaction in a prohibited technology.
In establishing the process required by subparagraph (A), the Secretary may prescribe limitations on requests for feedback identified as frivolous for purposes of this subsection.
The regulations issued under paragraph (1) shall account for whether a United States person has self-identified a violation of the prohibition set forth in subsection (a) in determining the legal consequences of that violation.
The regulations issued under paragraph (1) shall dictate the form and content of a letter of self-disclosure, which shall include relevant facts about the violation, why the United States person believes its activity to have violated the prohibition set forth in subsection (a), and a proposal for mitigation of the harm of such action.
The regulations issued under paragraph (1) shall be subject to public notice and comment.
In issuing regulations under paragraph (1), the Secretary shall balance the priority of protecting the national security interest of the United States while, to the extent practicable—
minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulations;
adopting the least burdensome alternative that achieves regulatory objectives; and
prioritizing transparency and stakeholder involvement in the process of issuing the rules.
The regulations issued under paragraph (1) shall provide for the imposition of civil penalties described in subparagraph (B) for violations of the prohibition set forth in subsection (a).
It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, notification requirement, or prohibition issued under this section.
The Secretary may impose a civil penalty on any person who commits an unlawful act described in clause (i) in an amount not to exceed the greater of—
$250,000; or
an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.
The Secretary may compel the divestment of a covered national security transaction in a prohibited technology determined to be in violation of this title.
The President may direct the Attorney General of the United States to seek appropriate relief, including divestment relief, in the district courts of the United States, in order to implement and enforce this title.
In accordance with section 556(d) of title 5, United States Code, in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
Not later than 450 days after the date of the enactment of this title, the Secretary shall issue regulations prescribed in accordance with subsection (b), to require a United States person that engages in a covered national security transaction in a prohibited technology (unless the Secretary has exercised the authority provided by section 801(a) to prohibit knowingly engaging in such covered national security transaction) or a notifiable technology to submit to the Secretary a written notification of the transaction not later than 30 days after the completion date of the transaction.
Not later than 450 days after the date of the enactment of this title, the Secretary, in consultation with the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, shall issue regulations to carry out this section in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as Administrative Procedure Act).
The regulations issued under paragraph (1) shall be subject to public notice and comment.
In issuing regulations under paragraph (1), the Secretary shall balance the priority of protecting the national security interest of the United States while, to the extent practicable—
minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulation;
adopting the least burdensome alternative that achieves regulatory objectives; and
prioritizing transparency and stakeholder involvement in the process of issuing the rules.
The regulations issued under paragraph (1) shall provide for the imposition of civil penalties described in subparagraph (B) for violations of the notification requirement set forth in subsection (a).
It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, notification requirement, or prohibition issued under this section.
A civil penalty may be imposed on any person who commits an unlawful act described in clause (i) in an amount not to exceed the greater of—
$250,000; or
an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.
In accordance with section 556(d) of title 5, United States Code, in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
The Secretary shall, upon receipt of a notification under subsection (a), and in consultation with the Secretary of Commerce, promptly inspect the notification for completeness.
If a notification submitted under subsection (a) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete.
The Secretary, in coordination with the Secretary of Commerce, shall establish a process to identify covered national security transactions in a prohibited technology or a notifiable technology for which—
a notification is not submitted to the Secretary under subsection (a); and
information is reasonably available.
Except as provided in paragraph (2), any information or documentary material filed with the Secretary pursuant to this section shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code, and no such information or documentary material may be made public by any government agency or Member of Congress.
The exemption from disclosure provided by paragraph (1) shall not prevent the disclosure of the following:
Information relevant to any administrative or judicial action or proceeding.
Information provided to Congress or any of the appropriate congressional committees.
Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of an ally or partner of the United States, under the direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
Information that the parties have consented to be disclosed to third parties.
Information where the disclosure of such information is determined by the Secretary to be in the national security interest.
If the Secretary prohibits a covered national security transaction in a prohibited technology under section 801, the requirements of this section shall not apply with respect to the covered national security transaction.
Not later than one year after the date on which the regulations issued under section 801(e) take effect, and not less frequently than annually thereafter for 7 years, the Secretary, in consultation with the Secretary of Commerce, shall submit to the appropriate congressional committees a report that—
lists all enforcement actions taken subject to the regulations during the year preceding submission of the report, which includes, with respect to each such action, a description of—
the prohibited technology or notifiable technology;
the covered national security transaction; and
the covered foreign person;
provides an assessment of whether Congress should amend the definition of the term prohibited technology by—
identifying additional technologies, not currently listed as a prohibited technology, that the Secretary, in consultation with the Secretary of Commerce and, as applicable, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of any other relevant Federal agencies, determines may pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
explaining why each technology identified in subparagraph (A) may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
recommending the repeal of technologies from the category of prohibited technology to the extent that the technologies no longer pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
lists all notifications submitted under section 802 during the year preceding submission of the report and includes, with respect to each such notification—
basic information on each party to the covered national security transaction with respect to which the notification was submitted; and
the nature of the covered national security transaction that was the subject to the notification, including the elements of the covered national security transaction that necessitated a notification;
includes a summary of those notifications, disaggregated by prohibited technology, notifiable technology, by covered national security transaction, and by country of concern;
provides additional context and information regarding trends in the prohibited technology, notifiable technology, the types of covered national security transaction, and the countries involved in those notifications; and
assesses the overall impact of those notifications, including recommendations for—
expanding existing Federal programs to support the production or supply of prohibited technologies or notifiable technologies in the United States, including the potential of existing authorities to address any related national security concerns;
investments needed to enhance prohibited technologies or notifiable technologies and reduce dependence on countries of concern regarding those technologies; and
the continuation, expansion, or modification of the implementation and administration of this title, including recommendations with respect to whether the definition of the term ‘country of concern’ under section 807(2) should be amended to add or remove countries.
In preparing the report pursuant to subsection (a), the Secretary—
shall consider information provided jointly by the chairperson and ranking member of any of the appropriate congressional committees;
may consider credible information obtained by other countries and nongovernmental organizations that monitor the military, surveillance, intelligence, or technology capabilities of a country of concern; and
may consider any other information that the Secretary deems relevant.
Each report required by this section shall be submitted in unclassified form, but may include a classified annex.
Not later than one year after the date of the enactment of this title, and annually thereafter for five years, the Secretary and the Secretary of Commerce shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by United States persons in countries of concern and broader international capital flows.
After receiving a request that meets the requirements of paragraph (2) with respect to whether a technology should be included in the amendments as described in subsection (a)(2), the Secretary shall, in preparing the report pursuant to subsection (a)—
determine if that technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
include in the report pursuant to subsection (a) an explanation with respect to that determination that includes—
a statement of whether or not the technology, as determined by the Secretary, may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
if the Secretary determines that—
the technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination and a recommendation whether that technology should be named a prohibited technology or a notifiable technology; and
the technology would not pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination.
A request under paragraph (1) with respect to whether a technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern shall be submitted to the Secretary in writing jointly by the chairperson and ranking member of one or more of the appropriate congressional committees.
The Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to promote and increase coordination of protocols and procedures to facilitate the effective implementation of and appropriate compliance with the prohibitions pursuant to this title;
upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities; and
work with and encourage the governments of countries that are allies and partners of the United States to develop similar mechanisms of their own, for the exclusive purpose of preventing the development or acquisition of prohibited technologies by a country of concern.
Not later than 180 days after the date of the enactment of this title, the Secretary, in consultation with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
develop a strategy to work with the governments of countries that are allies and partners of the United States to develop mechanisms that are comparable to the prohibitions pursuant to this title, for the exclusive purpose of preventing the development and acquisition of prohibited technologies by a country of concern; and
assess opportunities to provide technical assistance to those countries with respect to the development of those mechanisms.
Not later than one year after the date of the enactment of this title, and annually thereafter for four years, the Secretary shall submit to the appropriate congressional committees a report that includes—
a discussion of any strategy developed pursuant to subsection (b)(1), including key tools and objectives for the development of comparable mechanisms by the governments of allies and partners of the United States;
a list of partner and allied countries to target for cooperation in developing their own prohibitions;
the status of the strategy’s implementation and outcomes; and
a description of impediments to the establishment of comparable mechanisms by governments of allies and partners of the United States.
In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
The Secretary, in consultation with the Secretary of Commerce, may establish a publicly accessible, non-exhaustive database that identifies covered foreign persons in a prohibited technology pursuant to this title.
The Secretary shall establish a mechanism for the public, including Congress, stakeholders, investors, and nongovernmental organizations, to submit evidence on a confidential basis regarding whether a foreign person is a covered foreign person in a prohibited technology and should be included in the database described in subsection (a), if any.
Except as provided in paragraph (2), any information or documentary material filed with the Secretary pursuant to this section shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code, and no such information or documentary material may be made public (other than the identity of a covered foreign person in accordance with subsection (b)).
Paragraph (1) shall not prohibit the disclosure of the following:
Information relevant to any administrative or judicial action or proceeding.
Information to Congress or any duly authorized committee or subcommittee of Congress.
Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
Information that the parties have consented to be disclosed to third parties.
The database described in subsection (a), if any, shall not be considered to be an exhaustive or comprehensive list of covered foreign persons for the purposes of this title.
Nothing in this title may be construed to negate the authority of the President under any authority, process, regulation, investigation, enforcement measure, or review provided by or established under any other provision of Federal law, or any other authority of the President or the Congress under the Constitution of the United States.
In this title:
Except as provided by section 804(d), the term appropriate congressional committees means—
the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives; and
the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate.
The term country of concern—
means the People’s Republic of China; and
includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
Subject to regulations prescribed in accordance with this title, the term covered foreign person means a foreign person that—
is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
is a member of the Central Committee of the Chinese Communist Party;
is subject to the direction or control of a country of concern, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof); or
is owned in the aggregate, directly or indirectly, 50 percent or more by a country of concern, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof).
Subject to such regulations as may be issued in accordance with this title, the term covered national security transaction means any activity engaged in by a United States person that involves—
the acquisition of an equity interest or contingent equity interest in a covered foreign person;
the provision of a loan or similar debt financing arrangement to a covered foreign person, where such debt financing—
is convertible to an equity interest; or
affords or will afford the United States person the right to make management decisions with respect to or on behalf of a covered foreign person or the right to appoint members of the board of directors (or equivalent) of the covered foreign person;
the entrance by such United States person into a joint venture with a covered foreign person;
the conversion of a contingent equity interest (or interest equivalent to a contingent equity interest) or conversion of debt to an equity interest in a covered foreign person;
the acquisition, leasing, or other development of operations, land, property, or other assets in a country of concern that will result in, or that the United States person intends to result in—
the establishment of a covered foreign person; or
the engagement of a person of a country of concern in a prohibited technology where it was not previously engaged in such prohibited technology;
knowingly directing transactions by foreign persons that the United States person has knowledge at the time of the transaction would constitute an activity described in clause (i), (ii), (iii), (iv), or (v), if engaged in by a United States person; or
the acquisition of a limited partner or equivalent interest in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund that the United States person has knowledge at the time of the acquisition, intends to engage in an activity described in clause (i), (ii), (iii), (iv), (v), or (vi).
Subject to notice and comment regulations prescribed in consultation with Congress and in accordance with this title, the term covered national security transaction does not include—
any transaction the value of which the Secretary determines is de minimis;
any category of transactions that the Secretary determines is in the national interest of the United States;
an investment—
in a security (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) that is traded on an exchange or the over-the-counter market in any jurisdiction;
in a security issued by an investment company (as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3)) that is registered with the Securities and Exchange Commission;
made as a limited partner or equivalent in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund (other than as described in subclause (II)) where—
the limited partner or equivalent’s committed capital is not more than $2,000,000, aggregated across any investment and co-investment vehicles of the fund; or
the limited partner or equivalent has secured a binding contractual assurance that its capital in the fund will not be used to engage in a transaction that would be a covered national security transaction if engaged in by a United States person; or
in a derivative of a security described under subclause (I), (II), or (III);
any ancillary transaction undertaken by a financial institution (as defined in section 5312 of title 31, United States Code);
the acquisition by a United States person of the equity or other interest owned or held by a covered foreign person in an entity or assets located outside of a country of concern in which the United States person is acquiring the totality of the interest in the entity held by the covered foreign person;
an intracompany transfer of funds, as defined in regulations prescribed in accordance with this title, from a United States parent company to a subsidiary located in a country of concern or a transaction that, but for this clause, would be a covered national security transaction between a United States person and its controlled foreign person that supports operations that are not covered national security transactions or that maintains covered national security transactions that the controlled foreign person was engaged in prior to January 2, 2025;
a transaction secondary to a covered national security transaction, including—
contractual arrangements or the procurement of material inputs for any covered national security transaction (such as raw materials);
bank lending;
the processing, clearing, or sending of payments by a bank;
underwriting services;
debt rating services;
prime brokerage;
global custody;
equity research or analysis; or
other similar services;
any ordinary or administrative business transaction as may be defined in such regulations; or
any transaction completed before the date of the enactment of this title.
In this paragraph, the term ancillary transaction means—
the processing, settling, clearing, or sending of payments and cash transactions;
underwriting services;
credit rating services; and
other services ordinarily incident to and part of the provision of financial services, such as opening deposit accounts, direct custody services, foreign exchange services, remittances services, and safe deposit services.
The term foreign person means a person that is not a United States person.
The term notifiable technology means a technology with respect to which a covered foreign person—
designs any advanced integrated circuit that is not covered under paragraph (8)(A)(iii);
fabricates any integrated circuit that is not covered under paragraph (8)(A)(iv);
packages any integrated circuit that is not covered under paragraph (8)(A)(v); or
develops any artificial intelligence system that is not covered under clause (vii), (viii), (ix), or (xvi) of paragraph (8)(A), and that is—
designed to be used for—
any military end use (such as for weapons targeting, target identification, combat simulation, military vehicle or weapons control, military decision-making, weapons design (including chemical, biological, radiological, or nuclear weapons), or combat system logistics and maintenance); or
any government intelligence or mass-surveillance end use (such as through incorporation of features such as mining text, audio, or video, image recognition, location tracking, or surreptitious listening devices);
intended by the covered foreign person or joint venture to be used for—
cybersecurity applications;
digital forensics tools;
penetration testing tools; or
control of robotic systems; or
trained using a quantity of computing power greater than 1023 computational operations (such as integer or floating-point operations).
The Secretary, in consultation with Congress, may prescribe regulations in accordance with this title to refine the technical parameters of technologies described in subparagraph (A) as reasonably needed for national security purposes or to add or remove categories to or from the list in subparagraph (A).
The term ‘party’, with respect to a covered national security transaction, has the meaning given that term in regulations prescribed in accordance with this title.
The term prohibited technology means a technology with respect to which a covered foreign person—
develops or produces any design automation software for the design of integrated circuits or advanced packaging;
develops or produces any—
electronic design automation software for the design of integrated circuits or advanced packaging;
front-end semiconductor fabrication equipment designed for the volume fabrication of integrated circuits, including equipment used in the production stages from a blank wafer or substrate to a completed wafer or substrate; or
equipment for performing volume advanced packaging;
designs any integrated circuit designs that meet or exceed the specifications set in Export Control Classification Number (ECCN) 3A090 in Supplement No. 1 to the Export Administration Regulations, or integrated circuits designed for operation at or below 4.5 Kelvin;
fabricates integrated circuits that are—
logic integrated circuits using a non-planar transistor architecture or with a technology node of 16/14 nanometers or less, including fully depleted silicon-on-insulator (FDSOI) integrated circuits;
NOT–AND (NAND) memory integrated circuits with 128 layers or more;
dynamic random-access memory (DRAM) integrated circuits using a technology node of 18 nanometer half-pitch or less;
integrated circuits manufactured from a gallium-based compound semiconductor;
integrated circuits using graphene transistors or carbon nanotubes; or
integrated circuits designed for operation at or below 4.5 Kelvin;
packages any integrated circuit using advanced packaging techniques;
develops, designs, or produces any commodity, material, software, or technology designed exclusively for use in or with extreme ultraviolet lithography fabrication equipment;
develops, designs, or produces any artificial intelligence models trained with at least 1025 floating point operations;
develops, designs, or produces any artificial intelligence models that rely upon or utilize advanced integrated circuits that meet or exceed the specifications set in Export Control Classification Number (ECCN) 3A090 in Supplement No. 1 to the Export Administration Regulations;
develops, designs, or produces any artificial intelligence models designed for use by the Government of the People’s Republic of China, its special administrative regions, or its agencies and instrumentalities;
develops a quantum computer or produces any critical components required to produce a quantum computer such as a dilution refrigerator or two-stage pulse tube cryocooler;
develops or produces any quantum sensing platform designed for, or which the relevant covered foreign person intends to be used for, any military, government intelligence, or mass-surveillance end use;
develops or produces quantum networks or quantum communication systems designed for or intended to be used for—
networking to scale up the capabilities of quantum computers, such as for the purposes of breaking or compromising encryption;
secure communications, such as quantum key distribution; or
any other application that has any military, government intelligence, or mass-surveillance end use;
develops, designs, or produces materials, components, avionics, flight control, propulsion, Global Positioning System (GPS), data relay, and target detection systems designed for use in hypersonic systems or capable of sustainable operations above 1,000 degrees Celsius;
develops, installs, sells, or produces any supercomputer enabled by advanced integrated circuits that can provide theoretical compute capacity of 100 or more double-precision (64-bit) petaflops or 200 or more single-precision (32-bit) petaflops of processing power within a 41,600 cubic foot or smaller envelope;
develops, designs, or produces any other technologies in the advanced semiconductors and microelectronics sector, the artificial intelligence sector, the high-performance computing and supercomputing sector, the hypersonic missiles sector, or the quantum information science and technology sector that are—
defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
specially designed and prepared nuclear equipment, parts or components, materials, software, or technologies covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
nuclear facilities, equipment, or materials covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); or
emerging or foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817); or
develops any artificial intelligence system that is designed to be exclusively used for, or which the relevant covered foreign person intends to be used for, any—
military end use (such as for weapons targeting, target identification, combat simulation, military vehicle or weapon control, military decision-making, weapons design (including chemical, biological, radiological, or nuclear weapons), or combat system logistics and maintenance); or
government intelligence or mass-surveillance end (such as through incorporation of features such as mining text, audio, or video, image recognition, location tracking, or surreptitious listening devices).
The Secretary, in consultation with Congress, may prescribe regulations in accordance with this title to make updates to the technical parameters of technologies described in subparagraph (A) as reasonably needed for national security purposes.
Except as otherwise provided, the term Secretary means the Secretary of the Treasury.
The term United States person means—
any United States citizen or an alien lawfully admitted for permanent residence to the United States;
an entity organized under the laws of the United States or of any jurisdiction within the United States (including any foreign branch of such an entity); or
any person in the United States.
Not later than 365 days after the date of the enactment of this Act, and biennially thereafter for 6 years, the Secretary shall submit to the appropriate congressional committees a report that states whether any of the following foreign persons qualifies for inclusion on the Non-SDN Chinese Military-Industrial Complex Companies List:
Any PRC person listed on the Military End-User List (Supplement No. 7 to part 744 of the Export Administration Regulations).
Any PRC person listed pursuant to section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
Any PRC person listed on the Department of Commerce’s Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations).
To prepare the reports under paragraph (1), the President shall establish a process under which the Federal agencies responsible for administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1) shall share with each other all relevant information that led to the identification of the entities described in such lists.
In making the initial determinations under paragraph (1), the Secretary may establish a risk-based prioritization framework factoring in prioritization of entity review submitted to the Secretary by the Federal agencies administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1).
The report under paragraph (1) may summarize findings concerning entities previously reviewed pursuant to this section and do not necessitate additional review by the Secretary.
The Secretary shall include in the report required by paragraph (1) an overview of the criteria required for listing on Non-SDN Chinese Military-Industrial Complex Companies List. The heads of the Federal agencies administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1) shall provide an overview of the criteria for entity identification or listing on each respective list.
The President shall promulgate rules that prohibit a United States person from knowingly holding securities of entities on the Non-SDN Chinese Military-Industrial Complex Companies List, after the date that is 365 days after the date of enactment of this Act.
The prohibitions on investment imposed under paragraph (1) shall not apply to a transaction in a security that is entered into on or before the date that is 365 days after the date of enactment of this Act by a United States person, if such transaction is entered into solely to divest of the security.
The President may establish a process under which the requirements of subsection (b) shall not apply if the President determines to do so is necessary to protect the national security or foreign policy objectives of the United States.
Determinations under paragraph (1) shall be issued on a case-by-case basis for each entity on the Non-SDN Chinese Military-Industrial Complex Companies List.
The President shall notify the appropriate congressional committees in writing in advance of issuing a determination under paragraph (1) and shall provide a substantive briefing on the determination to the appropriate congressional committees within 30 days of issuing a determination.
In this section:
The term appropriate congressional committees means—
the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Banking, Housing, and Urban Affairs of the Senate.
The term country of concern—
means the People’s Republic of China; and
includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
The term Non-SDN Chinese Military-Industrial Complex Companies List means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), and any successor order.
The term PRC person means a foreign person that—
is incorporated in a principal place of business in, or is organized under the laws of, a country of concern;
is a member of the Central Committee of the Chinese Communist Party;
is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof; or
is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in subparagraph (A), (B), or (C).
The authorities and requirements to impose sanctions authorized under this title shall not include the authority or requirement to impose sanctions on the importation of goods.
In this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
This division may be cited as the Military Construction Authorization Act for Fiscal Year 2026.
Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, facilities sustainment, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2028; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2029.
Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
October 1, 2028; or
the date of the enactment of an Act authorizing funds for fiscal year 2029 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Titles XXI through XXVII shall take effect on the later of—
October 1, 2025; or
the date of the enactment of this Act.
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, and in the amounts, set forth in the following table:
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $32,824,000.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, facilities sustainment, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2101 and 2102 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
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 2101(a) of that Act (134 Stat. 4295) and most recently extended by section 2107 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2216), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in section 2101 of that Act (135 Stat. 2163) and extended by section 2108 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2216), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act (136 Stat. 2971), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2213) for Hohenfels Training Area, for construction of a barracks as specified in the funding table in section 4601 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2382), the Secretary of the Army may construct a barracks at Smith Barracks, Germany.
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2212) for Naval Air Station Key West, Florida, for construction of a Joint Interagency Task Force South command and control facility, the Secretary of the Army may construct a command and control facility in the amount of $397,000,000.
The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2212) is amended in the item relating to Naval Air Station Key West, Florida, by striking $90,000,000 and inserting $397,000,000.
The funding table in section 4601 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2382) is amended in the item relating to Naval Air Station Key West, Florida, Joint Interagency Task Force South command and control facility, by striking $90,000 and inserting $397,000.
In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2212) for Fort Cavazos, Texas, for construction of Motor Pool #70, the Secretary of the Army may construct a vehicle maintenance shop.
The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2212) is amended in the item relating to Fort Cavazos, Texas, by striking $147,000,000 and inserting $69,000,000.
The funding table in section 4601 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2383) is amended in the items relating to Fort Cavazos, Texas, by striking Motor Pool #70 and inserting Vehicle Maintenance Shop.
Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table:
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 construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, and in the amounts, set forth in the following table:
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $68,230,000.
Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,806,000.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, facilities sustainment, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2201 and 2202 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2201 and 2202 of that Act (135 Stat. 2166, 2167) and extended by section 2207 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2221), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (136 Stat. 2975), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $237,655,000.
Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $36,575,000.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, facilities sustainment, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2301 and 2302 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2902 of that Act (130 Stat. 2743) and most recently extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2224), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2240), the authorizations set forth in the table in subsection (b), as provided in section 2903 of that Act (132 Stat. 2287) and most recently extended by section 2306 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2225), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1862), the authorizations set forth in the table in subsection (b), as provided in sections 2301(a) and 2912(a) of that Act (133 Stat. 1867, 1913), and extended by section 2307 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2226), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (135 Stat. 2168) and extended by section 2309 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2227), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (136 Stat. 2978), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2222) for F.E. Warren Air Force Base, Wyoming, for the Ground Based Strategic Deterrent Utility Corridor, the Secretary of the Air Force may construct 3,219 kilometers of telephone duct facility.
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
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:
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:
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, facilities sustainment, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under sections 2401 and 2402 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
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 section 2401(b) of that Act (132 Stat. 2249) and most recently extended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2232), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2161), the authorizations set forth in the table in subsection (b), as provided in sections 2401 and 2402 of that Act (135 Stat. 2173, 2174), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in sections 2401(a) and 2402(a) of that Act (136 Stat. 2982, 2983), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
In the case of the authorization contained in the table in section 2401 of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 726) for Redstone Arsenal, Alabama, for construction of a ground test facility infrastructure project at that location, the Missile Defense Agency may renovate additional square footage and convert administrative space to classified space.
In the case of the authorization contained in the table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 727) for Lake City Army Ammunition Plant, Missouri, for construction of a microgrid and backup power, the Secretary of Defense may construct a microgrid and backup power, including the installation of liquid propane gas tanks and associated piping, foundations, pumps, saddles, propane vaporizers, and controls.
The authorization table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 727) is amended in the item relating to Lake City Army Ammunition Plant, Missouri, by striking $80,100,000 and inserting $86,500,000.
The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 911) is amended in the items relating to Lake City Army Ammunition Plant, Missouri, by striking $80,100 and inserting $86,500.
In the case of the authorization contained in the table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2229) for Joint Base Andrews, Maryland, for construction of a microgrid with electric vehicle charging infrastructure, the Secretary of the Air Force may construct a new power generation and microgrid facility, which shall be entitled Power Generation and Microgrid.
In the case of the authorization contained in the table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159; 138 Stat. 2229) for Joint Base McGuire-Dix-Lakehurst, New Jersey, for construction of a microgrid with electric vehicle charging infrastructure, the Secretary of the Air Force may construct a new power generation and microgrid facility, which shall be entitled Power Generation and Microgrid.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided 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.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for contributions by the Secretary 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, and in the amounts, set forth in the following table:
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:
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:
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:
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 location inside the United States, and in the amount, set forth in the following table:
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 location inside the United States, and in the amount, set forth in the following table:
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
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 location inside the United States, and in the amount, set forth in the following table:
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for military construction, land acquisition, and facilities sustainment for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code, as specified in the funding table in section 4601.
Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2970), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, 2603 and 2604 of that Act (136 Stat. 2986, 2987), shall remain in effect until October 1, 2026, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027, whichever is later.
The table referred to in subsection (a) is as follows:
In the case of the authorization contained in the table in section 2604 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 2987) for Tucson International Airport, Arizona, the Secretary of the Air Force may acquire 10 acres of land.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2025, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of 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.
Commencing as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, for fiscal year 2027, and every five years thereafter, each Secretary of a military department shall include with the defense budget materials for that fiscal year each of the following:
A summary of the major lines of effort, milestones, and specific goals of the Secretary concerned during the next 20 fiscal years relating to the improvement of infrastructure and facilities under the jurisdiction of that Secretary, including a detailed plan describing the objectives of that Secretary to manage and improve such infrastructure and facilities during that period, including utility systems (electric, water and wastewater systems, energy distribution systems, transportation, and communication networks) and all physical structures of a base or installation.
A certification by that Secretary that both the budget for that fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of title 10, United States Code, provide for funding of planning, design, and construction at a level that is sufficient to meet the requirements specified in the plan under paragraph (1) on the schedule provided in that plan.
An unaltered assessment by the service chief of the military department concerned with respect to the summary and plan under paragraph (1) and the certification under paragraph (2).
Each plan submitted by a Secretary of a military department under subsection (a)(1) shall include the following:
With respect to the 20-year period covered by the plan, an identification of the major lines of effort, milestones, and specific goals of the Secretary over such period relating to the improvement of infrastructure and facilities under the jurisdiction of that Secretary.
The estimated costs of necessary infrastructure and facility improvements and a description of how such costs would be addressed by the budget request of the Department of Defense and the future-years defense program submitted for such year.
An assessment of how the military department is accurately accounting for the costs of sustaining facilities and addressing the identified necessary improvements of infrastructure and facilities as outlined in the plan.
Each plan under subsection (a)(1) shall incorporate the leading results-oriented management practices, including—
analytically based goals;
results-oriented metrics;
the identification of required resources, risks, and stakeholders; and
regular reporting on progress to decision makers.
Section 2854(c)(3) of title 10, United States Code, is amended by striking $100,000,000 and inserting $150,000,000.
Section 3241(f) of title 10, United States Code, is amended—
by striking paragraph (3) and inserting the following new paragraph (3):
Any contract awarded under this subsection shall be considered to be a construction contract and shall be subject to the same oversight mechanisms to which construction contracts are subject under this title.
in paragraph (4), by striking 2008 each place it appears and inserting 2030.
Section 2861 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 118–81; 10 U.S.C. 2802 note) is amended—
in subsection (b)(1), by striking at least and all that follows through the period at the end and inserting at least two military construction projects;
in subsection (d), by striking September 30, 2025 and inserting September 30, 2029;
in subsection (e), by striking January 1, 2025 and inserting January 1, 2029;
by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;
by inserting after subsection (e) the following new subsection (f):
In carrying out each project under the pilot program commencing on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary concerned shall use not fewer than three technologies identified in the report published by the Comptroller General of the United States on February 11, 2025, and entitled Science & Tech Spotlight: Sustainable Building Technologies (GAO–25–107931).
in subsection (g)(1), as redesignated by paragraph (4), by striking December 31, 2025 and inserting December 31, 2030; and
in subsection (h), as so redesignated, in the first sentence, by inserting before the period the following: that is identified in the report published by the Comptroller General of the United States on February 11, 2025, and entitled Science & Tech Spotlight: Sustainable Building Technologies (GAO–25–107931).
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—
implement the recommendations of the Comptroller General of the United States contained in the report published by the Comptroller General in September 2024 and titled Military Construction: Better Information Sharing Would Improve DOD's Oversight (GAO–24–106499); or
if the Secretary does not implement any such recommendation, submit to the Committees on Armed Services of the Senate and the House of Representatives a report explaining why the Secretary has not implemented those recommendations.
Section 2811(a) of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159) is amended by striking 150 days and inserting one year.
Section 2208(u)(4) of title 10, United States Code, is amended by striking September 30, 2025 and inserting September 30, 2027.
Section 2804(c) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 2805 note) is amended by striking February 1, 2026 and inserting August 1, 2026.
Not later than February 20, 2026, the Secretary of the Army shall provide to the congressional defense committees a briefing on the use of the authority under section 2804(c) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 2805 note).
The Secretary of Defense shall not designate any military construction project as being part of the military intelligence program.
Section 2391 of title 10, United States Code, is amended—
in subsection (d)—
in paragraph (1)(B), in the matter preceding clause (i), by inserting , and with respect to Coast Guard-related projects, the Secretary, with the concurrence of the Commandant of the Coast Guard, after The Secretary; and
by adding at the end the following new paragraph:
In considering grants, agreements, or other funding under paragraph (1)(A) with respect to community infrastructure supportive of a military installation of the Coast Guard, the Secretary of Defense shall seek the concurrence of the Commandant of the Coast Guard with respect to assessing the selection and prioritization of the project concerned.
A grant made under this section shall be available to support any Coast Guard mission authorized under section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468).
in subsection (e)(1), by adding at the end the following new sentence: For purposes of subsection (d), the term military installation includes an installation of the Coast Guard under the jurisdiction of the Department of Homeland Security..
Subsection (b) of section 2856a of title 10, United States Code, is amended—
in paragraph (4), by striking ; and and inserting a semicolon;
in paragraph (5)(C), by striking the period at the end and inserting a semicolon; and
by adding at the end the following new paragraphs:
an assessment of whether a need for future waivers has been identified;
a summary of the analysis performed by each military department to identify covered military unaccompanied housing that requires such waivers, including a certification by the Secretary of each military department that the list of waivers for that military department is complete and identifies all permanent party unaccompanied housing that does not meet covered privacy and configuration standards or standards of the Department for health and safety;
an action plan to bring covered military unaccompanied housing that requires such waivers into compliance with the standards of the Department and a timeline for implementing the action plan;
information about costs associated with the remediation options for covered military unaccompanied housing that requires such waivers, including—
funding needs for military construction projects;
funding needs for projects as part of facilities sustainment, restoration, and modernization; and
any resulting increases in the need for housing allowances for members of the armed forces that would otherwise be living in covered military unaccompanied housing; and
a description of the status of the response of the Department to open recommendations contained in the 2023 report by the Comptroller General of the United States entitled, Military Barracks: Poor Living Conditions Undermine Quality of Life and Readiness (GAO–23–105797), including the status of each military department in issuing service standards that meet covered privacy and configuration standards and standards of the Department for health and safety for covered military unaccompanied housing.
Section 2837(d) of title 10, United States Code, is amended by inserting before the period the following: , including an accounting for impacts of civilians and contractors.
The Secretary of Defense may conduct an unaccompanied housing project under section 4022(i) of title 10, United States Code, that is not subject to the limits under paragraph (2) of such section.
The Secretary may use the authority under subsection (a) for not more than one project.
The project conducted under subsection (a) shall be located at a joint base of the Department of Defense for medical training.
The aggregate value of all transactions entered into under the project conducted under subsection (a) may not exceed $500,000,000.
As soon as practicable after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Assistant Secretary of Defense for Health Affairs, the Secretary of Housing and Urban Development, the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, and the Secretary of Health and Human Services, shall conduct a comprehensive study on the health effects of indoor residential mold growth in military unaccompanied housing or other housing on military installations, using the most up-to-date scientific peer-reviewed medical literature.
The study conducted under subparagraph (A) shall ascertain—
detailed information about harmful or toxigenic mold that may impact the military departments and individuals living on military installations, as well as any toxin or toxic compound such mold can produce;
the most accurate research-based methods of detecting harmful or toxigenic mold;
improved understanding of the different health symptomology that can result from exposure to mold in indoor residential environments on military installations, including military unaccompanied housing;
the ability to conduct and the cost of conducting ongoing surveillance of the prevalence of idiopathic pulmonary hemorrhage in infants living on military installations; and
longitudinal studies on the effects of indoor mold exposure in early childhood on the development of asthma and other respiratory illnesses of children living on military installations.
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 contains the interim findings of the study conducted under paragraph (1).
Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a final report detailing the results of the study conducted under paragraph (1).
The Secretary of Defense shall implement mitigation measures at military installations found to have hazardous mold conditions following the submission of the interim findings under subsection (a)(2)(A).
The Secretary of Defense, in consultation with the Secretary of Housing and Urban Development, may develop model construction standards and techniques for preventing and controlling indoor residential mold in new residential properties on a military installation if existing facilities at the military installation are found to be inappropriately constructed for the environment.
The model standards and techniques developed under paragraph (1) shall provide for geographic differences in construction types and materials, geology, weather, and other variables that may affect indoor residential mold levels in new buildings and on various military installations.
To the maximum extent possible, model standards and techniques shall be developed under paragraph (1) with the assistance of organizations involved in establishing national building construction standards and techniques.
If the Secretary of Defense develops model construction standards and techniques under paragraph (1), not later than one year after deciding to develop such standards and techniques, the Secretary shall include such model standards and techniques as a requirement for residential rehabilitation or new construction projects conducted by the Department of Defense with amounts appropriated to the Department.
The Secretary of Defense shall include education for military health professions on mold-related illness, including signs and symptoms of toxigenic mold exposure, in recurring training received by miliary health practitioners at such time and in such manner as the Secretary chooses.
In this section:
The term indoor residential mold means any form of multi-cellular fungi found in water-damaged indoor environments and building materials, including cladosporium, penicillium, alternaria, aspergillus, fusarium, trichoderma, memnoniella, mucor, stachybotrys chartarum, streptomyces, and epicoccumoften.
The term military installation has the meaning given that term in section 2801(c) of title 10, United States Code.
The term military unaccompanied housing has the meaning given that term in section 2871 of title 10, United States Code.
The term toxigenic mold means any indoor mold growth that may be capable of producing a toxin or toxic compound, including mycotoxins and microbial volatile organic compounds, that can cause pulmonary, respiratory, neurological, gastrointestinal, or dermatological illnesses, or other major adverse health impacts, as determined by the Secretary of Defense in consultation with the Director of the National Institutes of Health, the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, and the Director of the Centers for Disease Control and Prevention.
Section 2891c(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:
The level of liability insurance coverage maintained by the landlord for all such housing units.
The amount of any payments made to tenants by landlords relating to dispute resolutions.
Section 2890(f) of title 10, United States Code, is amended—
in paragraph (1)—
by striking (1) A tenant or prospective tenant of a housing unit may not be required to sign and inserting A landlord may not request that a tenant, former tenant, or prospective tenant of a housing unit sign; and
in the first sentence, by inserting or in connection with the provision of services related to the housing unit before the period; and
by striking paragraphs (2) and (3).
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 dated October 30, 2024, and entitled, Military Housing: DOD Should Address Critical Supply and Affordability Challenges for Service Members (GAO–25–106208), as those recommendations are modified under subsection (b).
In carrying out the requirements under subsection (a), the Secretary of Defense shall implement the recommendations specified under such subsection as follows:
The Secretary shall—
perform a structured analysis to develop a comprehensive list of housing areas in which members of the Armed Forces and their families may face the most critical challenges in finding and affording private sector housing in the community;
in conducting the analysis under subparagraph (A), consider the unique characteristics of a location, such as vacation rental areas; and
regularly update the list required under subparagraph (A) not less frequently than once every two years.
The Secretary shall obtain and use feedback on the financial and quality-of-life effects of limited supply or unaffordable housing on members of the Armed Forces, through the status of forces survey and other service or installation-specific feedback mechanisms.
The Secretary shall, in coordination with the Secretary of each military department—
develop a plan for how the Department of Defense can respond to and address the financial and quality-of-life effects in housing areas identified under paragraph (1); and
in developing the plan under subparagraph (A), examine strategies for increasing housing supply or providing alternative compensation to offset the effects of limited supply or unaffordable housing in housing areas identified under paragraph (1).
The Secretary shall clarify, through the issuance of guidance to the military departments, the role of the Office of the Secretary of Defense in oversight of the Housing Requirements and Market Analysis process of the military departments to ensure that—
the military departments conduct such process in a timely manner; and
the Secretary submits to Congress any plans or other matters relating to such process for each fiscal year as required by existing law.
The Secretary shall ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment provides updated guidance to the military departments on how installations of the Department of Defense should coordinate with local communities, including by clearly defining the roles and responsibilities of commanders and military housing offices of such installations in addressing housing needs.
If the Secretary of Defense elects not to implement a recommendation specified under subsection (a), as modified under subsection (b), the Secretary shall, not later than one year after the date of the enactment of this Act, submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes a justification for such election.
The Secretary of each military department may acquire through exchange, upon such terms and conditions as the Secretary concerned determines appropriate, all right, title, and interest in any land, or any portion thereof, that is, as of the date of the enactment of this Act—
leased by the military department concerned from the State of Hawaii; or
owned by the State of Hawaii and subject to an easement benefitting the military department concerned.
To acquire land under paragraph (1), the Secretary concerned may—
exchange right, title, and interest in land under the jurisdiction and control of the Secretary concerned, or under the jurisdiction and control of the Secretary of another military department with the consent of the Secretary concerned, located in the State of Hawaii; and
convey such land and interests therein necessary to effect such an exchange.
The exact acreage and legal description of any land or interests in land to be exchanged under paragraph (1) shall be determined by a survey satisfactory to the Secretary concerned.
Land acquired through exchange by the Secretary concerned under paragraph (1) shall be administered by the Secretary concerned.
Notwithstanding section 2869 of title 10, United States Code, the fair market value of the land conveyed by the Secretary concerned under paragraph (2) may exceed the fair market value of the land acquired by the Secretary concerned under paragraph (1) if the Secretary concerned determines that it is in the public interest.
Subject to clause (ii), if the fair market value of the land and interests in land to be acquired under paragraph (1), as determined by the Secretary concerned, is greater than fair market value of the land and interests in land to be conveyed under paragraph (2), the Secretary concerned may use funds made available to the Secretary concerned on or after the date of the enactment of this Act for military construction to provide payment or in-kind consideration to the State of Hawaii in the amount of the difference in value.
The amount of any payment or in-kind consideration provided under clause (i) may not exceed $2,500,000.
In-kind consideration provided under clause (i) may include services or provision of real property of the United States.
If the Secretary concerned determines that exchange under subsection (a) is not appropriate or in the best interests of the military department concerned, the Secretary concerned may lease, upon such terms and conditions as the Secretary concerned determines appropriate, any land, or any portion thereof, that is, as of the date of the enactment of this Act—
leased by the military department concerned from the State of Hawaii; or
owned by the State of Hawaii and subject to an easement benefitting the military department concerned.
A lease entered into under paragraph (1) may provide for a lease term of not more than 25 years, with options that extend the term to a total period of not more than 50 years.
The Secretary concerned may make rental payments under a lease entered into under paragraph (1) that exceed fair market value of the land to be leased, as determined by the Secretary concerned, if the Secretary concerned determines that such payments are in the public interest.
A lease entered into under paragraph (1) may authorize the payment of rent in advance.
The Secretary concerned may provide for payment or in-kind consideration to the State of Hawaii as consideration for a lease entered into under paragraph (1).
In-kind consideration provided under clause (i) may include services or provision of real property of the United States.
The costs associated with the early termination of a lease entered into under paragraph (1) may be paid from—
authorizations available at the time the lease was executed;
authorizations available at the time the United States terminates the lease; or
any combination thereof.
The authority to convey land and interests therein under this section is exempt from any screening process required under section 2696(b) of title 10, United States Code.
The authority to enter into any agreement for lease or acquisition through exchange under this section, except for lease extensions, shall expire on December 31, 2031.
Not later than 180 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 land withdrawals at Fort Greely and Fort Wainwright Training Ranges, Alaska, and McGregor Range, Fort Bliss, New Mexico, under subsections (c) and (d) of section 3011 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 889).
The report required by subsection (a) shall include—
a description of the operational and training impacts should the land withdrawals described in subsection (a) not be renewed; and
any requested changes to those land withdrawals that would require an Act of Congress.
Section 2391(d)(1)(B) of title 10, United States Code, is amended—
in the matter preceding clause (i), by striking , including selection and all that follows through of priority and inserting for each of the following categories;
in clause (i), by striking military value and all that follows through the period and inserting the readiness of a military department or mission assurance at a military installation.; and
by redesignating clauses (ii) and (iv) as clauses (iv) and (ii), respectively, and—
by moving clause (ii), as so redesignated, after clause (i); and
by moving clause (iv), as so redesignated, after clause (iii).
During the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall—
give priority under the Defense Community Infrastructure Program under section 2391(d) of title 10, United States Code, to projects under subparagraph (B)(ii) of such section (as amended by subsection (a)), for which an application has been previously made for assistance under that program; and
allocate not less than two-thirds of the amounts appropriated or otherwise made available for such program equally among projects under subparagraphs (B)(i) and (B)(ii) of such program (as amended by subsection (a)).
The Ronald Reagan Ballistic Missile Defense Test Site located at Kwajalein Atoll in the Marshall Islands shall after the date of the enactment of this Act be known and designated as the Ronald Reagan Space and Missile Test Range.
Any reference in any law, regulation, map, document, paper, or other record of the United States to the site specified in subsection (a) shall be considered to be a reference to the Ronald Reagan Space and Missile Test Range.
Section 2887 of the Military Construction Authorization Act for Fiscal Year 2001 (division B of Public Law 106–398; 114 Stat. 1654A–440) is repealed.
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a reassessment by the Secretary of each military department regarding the joint base facility management workforce of the Department of Defense.
Each reassessment required under paragraph (1) shall include—
an assessment of the workload requirements of facility management offices with respect to the work required to maintain the facilities of jointly used installations in good working order;
an assessment of the workforce levels needed to complete the workload identified under subparagraph (A);
information on workforce gaps, if any, that exist between current facility management workforce levels and the workforce levels identified in subparagraph (B) and the reasons for the workforce gaps; and
a strategy on how to address workforce gaps, including periodic reassessment of workforce levels and funding needs.
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of and reason for any delay in producing a draft Department of Defense instruction to establish policies for the management of jointly used military installations.
Not later than 120 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 on identifying the funding allocations among supported and supporting components for maintenance of facilities of jointly used military installations, and an assessment of any risk to mission readiness resulting from those funding levels.
The Secretary and each service chief of a military department (including the Commandant of the Marine Corps with respect to the Department of the Navy and the Chief of Space Operations with respect to the Department of the Air Force) may not use amounts appropriated to the Department of Defense for travel outside the continental United States if the Secretary of Defense determines that the military department is not in compliance with the requirements under section 2680 of title 10, United States Code.
Section 2874 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263; 136 Stat. 3014), as amended by section 2808 of the Military Construction Authorization Act for Fiscal Year 2025 (division B of Public Law 118–159), is further amended by striking September 30, 2028 and inserting September 30, 2034.
Not later than 30 days after the date of the enactment of the Act, the Secretary of Defense shall establish a pilot program for the purposes of procuring utility services through an areawide contract with a public utility provider for any services that support energy resilience and mission readiness of an installation of the Department of Defense (in this section referred to as the pilot program).
The Secretary of Defense shall carry out the pilot program during the one-year period beginning on the date of the commencement of the pilot program.
Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall enter into at least one areawide contract under the pilot program.
The Secretary shall carry out the pilot program by entering into one or more public-private partnerships through an areawide contract entered into under the pilot program.
The pilot program shall include the development of a justification and approval template and waiver in accordance with part 6.302 of the Federal Acquisition Regulation that is used by all acquisition commands of the military departments in carrying out the pilot program.
Not later than 90 days after the termination of the pilot program, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
an analysis of the pilot program, including any efficiencies, benefits, and cost-savings associated with utilizing areawide contracts under the pilot program to procure utility services from a public utility provider; and
proposed solutions, including recommended legislative text and modifications to the Federal Acquisition Regulation or policy guidance of the Department of Defense, to overcome any remaining legal and policy hurdles that the Department identifies as inhibiting adherence to and implementation of section 2811(b) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 10 U.S.C. 2920 note).
In this section, the terms areawide contract, energy resilience, and utility service have the meanings given those terms in section 2811(b)(3) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 10 U.S.C. 2920 note).
Section 2688(k) of title 10, United States Codes, is amended to read as follows:
In lieu of carrying out a military construction project for an infrastructure improvement that enhances the reliability, resilience, efficiency, physical security, or cybersecurity of a utility system conveyed under subsection (a), the Secretary concerned may use funds authorized and appropriated for the project to make a monetary contribution equal to the total amount for the completed project to the conveyee of the utility system to carry out the project using a contract for utility services entered into under subsection (d).
All right, title, and interest to infrastructure improvements constructed by the conveyee pursuant to paragraph (1) shall vest in the conveyee.
The Secretary concerned shall provide to the conveyee the necessary real property interests to access and use lands under the jurisdiction and control of the Secretary for construction of the project under paragraph (1) and for ongoing use, operations, and maintenance.
If the Secretary concerned exercises a repurchase option under a contract entered into under subsection (d) for a system conveyed under subsection (a), the Secretary shall receive an offset in the amount of the contribution to the conveyee under paragraph (1) against the payment made by the Secretary as consideration for the repurchase, except that the maximum offset may not exceed the full amount of the consideration for the repurchase.
The Secretary concerned may make a monetary contribution authorized by paragraph (1) without regard to the following provisions of law:
Sections 7540, 8612, and 9540 of this title.
Subchapters I and III of chapter 169 of this title.
Chapters 221 and 223 of this title.
None of the funds authorized to be appropriated to the Department of Defense for fiscal year 2026 may be used for any activity of the Department of Defense related to the construction of any project commencing on or after the date of the enactment of this Act at Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland, that—
constructs a new golf course at Greenbury Point Conservation Area;
limits public access to Greenbury Point Conservation Area; or
is in violation of section 2855 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 766).
The Secretary of Defense may not use any funds from sources outside the Department of Defense to make improvements to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland.
Title 54, United States Code, is amended by inserting after section 307108 the following new section:
The Secretary of the Navy and the Secretary of the Air Force, in satisfaction of requirements under this division, may apply the authority and standards contained in the documents titled Department of the Army Program Comment for the Preservation of Pre-1919 Historic Army Housing, Associated Buildings and Structures, and Landscape Features (published on June 13, 2024) (89 Fed. Reg. 50350), Department of the Army Program Comment for Inter-War Era Historic Housing, Associated Buildings and Structures, and Landscape Features (1919–1940) (published on October 13, 2020) (85 Fed. Reg. 64491), and Department of the Army Program Comment for Vietnam War Era Historic Housing, Associated Buildings and Structures, and Landscape Features (1963–1975) (published on May 4, 2023) (88 Fed. Reg. 28573) to all military housing (including privatized military housing under subchapter IV of this chapter) constructed during the applicable periods.
The Secretary of the Navy and the Secretary of the Air Force may apply the authority and standards contained in the document titled Program Comment for Capehart and Wherry Era Housing and Associated Structures and Landscape Features (1949–1962) (published on November 18, 2005) (70 Fed. Reg. 69959) to all military housing (including privatized military housing under subchapter IV of this chapter) constructed during the period beginning on January 1, 1941, and ending on December 31, 1948, located on a military installation under the jurisdiction of the Secretary of the Navy or the Secretary of the Air Force.
During the period beginning on the date of the enactment of the Military Construction Authorization Act for Fiscal Year 2026 and ending on December 31, 2045, the Secretary of the Navy and the Secretary of the Air Force, in satisfaction of requirements under this division, may apply the authority and standards contained in the document titled Department of the Army Program Comment for Vietnam War Era Historic Housing, Associated Buildings and Structures, and Landscape Features (1963–1975) (published on May 4, 2023) (88 Fed. Reg. 28573) to all military housing (including privatized military housing under subchapter IV of this chapter) constructed after 1975 located on a military installation under the jurisdiction of the Secretary of the Navy or the Secretary of the Air Force.
As part of each report of the Navy or the Air Force required under section 3(c) of Executive Order 13287 (54 U.S.C. 306101 note), the Secretary of the Navy or the Secretary of the Air Force, as the case may be, shall submit to the Advisory Council on Historic Preservation a report on the implementation of this section.
Nothing in this section may be construed to preclude or require the amendment of the documents of the Office of the Assistant Secretary of the Army for Installations, Energy and Environment described in subsection (a) by the Secretary of the Army or the Chair of the Advisory Council on Historic Preservation.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
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:
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for other defense activities in carrying out programs as specified in the funding table in section 4701.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2026 for nuclear energy as specified in the funding table in section 4701.
Subpart A of part VI of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:
Except as otherwise provided, in this chapter:
The term Administration means the National Nuclear Security Administration.
The term Administrator means the Administrator for Nuclear Security.
The term classified information means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 3001 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 3161 note), Executive Order No. 13526 of December 29, 2009 (50 U.S.C. 3161 note), or successor orders, to require protection against unauthorized disclosure and that is so designated.
The term congressional defense committees means—
the Committee on Armed Services and the Committee on Appropriations of the Senate; and
the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
The terms defense nuclear facility and Department of Energy defense nuclear facility have the meaning given the term Department of Energy defense nuclear facility in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
The term nuclear security enterprise means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities.
The term national security laboratory means any of the following:
Los Alamos National Laboratory, Los Alamos, New Mexico.
Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California.
Lawrence Livermore National Laboratory, Livermore, California.
The term Nuclear Weapons Council means the Nuclear Weapons Council established by section 179.
The term nuclear weapons production facility means any of the following:
The Kansas City National Security Campus, Kansas City, Missouri.
The Pantex Plant, Amarillo, Texas.
The Y–12 National Security Complex, Oak Ridge, Tennessee.
The Savannah River Site, Aiken, South Carolina.
The Nevada National Security Site, Nevada.
Any facility of the Department of Energy that the Secretary of Energy, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.
The term Restricted Data has the meaning given such term in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).
The provisions of Executive Order Numbered 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall remain in force until changed by law.
The Administrator shall establish a management structure for the nuclear security enterprise in accordance with the National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.).
The Administrator shall establish a council to be known as the National Nuclear Security Administration Council. The Council may advise the Administrator on—
scientific and technical issues relating to policy matters;
operational concerns;
strategic planning;
the development of priorities relating to the mission and operations of the Administration and the nuclear security enterprise; and
such other matters as the Administrator determines appropriate.
The Council shall be composed of the directors of the national security laboratories and the nuclear weapons production facilities.
The Council may provide the Administrator or the Secretary of Energy recommendations—
for improving the governance, management, effectiveness, and efficiency of the Administration; and
relating to any other matter in accordance with paragraph (1).
Not later than 60 days after the date on which any recommendation under paragraph (3) is received, the Administrator or the Secretary, as the case may be, shall respond to the Council with respect to whether such recommendation will be implemented and the reasoning for implementing or not implementing such recommendation.
This section may not be construed as affecting the authority of the Secretary of Energy, in carrying out national security programs, with respect to the management, planning, and oversight of the Administration or as affecting the delegation by the Secretary of authority to carry out such activities, as set forth under subsection (a) of section 4102 of the Atomic Energy Defense Act (50 U.S.C. 2512) as it existed before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2169).
Not later than March 1, 2021, the Administrator shall designate a senior official within the Administration to be responsible for monitoring the industrial base that supports the nuclear weapons components, subsystems, and materials of the Administration, including—
the consistent monitoring of the current status of the industrial base;
tracking of industrial base issues over time; and
proactively identifying gaps or risks in specific areas relating to the industrial base.
The Administrator shall ensure that the official designated under subsection (a) is provided with resources sufficient to conduct the monitoring required by that subsection.
The Administrator, acting through the official designated under subsection (a), shall, to the extent practicable and beneficial, in conducting the monitoring required by that subsection, consult with—
officials of the Department of Defense who are members of the Nuclear Weapons Council established under section 179;
officials of the Department of Defense responsible for the defense industrial base; and
other components of the Department of Energy that rely on similar components, subsystems, or materials.
Not later than April 1, 2021, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the designation of the official required by subsection (a), including on—
the responsibilities assigned to that official; and
the plan for providing that official with resources sufficient to conduct the monitoring required by subsection (a).
Not later than April 1, 2022, and annually thereafter through 2024, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on activities carried out under this section that includes an assessment of the progress made by the official designated under subsection (a) in conducting the monitoring required by that subsection.
The Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report—
identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the Administration;
describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps;
describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps;
setting forth the anticipated timelines and resources needed for such mitigating actions; and
describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal Government or the private sector to address such risks and gaps.
By not later than four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), the Administrator shall, in consultation with the National Nuclear Security Administration Council established by section 5612, complete, to the extent practicable, the implementation of a common financial reporting system for the nuclear security enterprise.
The common financial reporting system implemented pursuant to subsection (a) shall include the following:
Common data reporting requirements for work performed using funds of the Administration, including reporting of financial data by standardized labor categories, labor hours, functional elements, and cost elements.
A common work breakdown structure for the Administration that aligns contractor work breakdown structures with the budget structure of the Administration.
Definitions and methodologies for identifying and reporting costs for programs of records and base capabilities within the Administration.
A capability to leverage, where appropriate, the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense using historical costing data by the Administration.
Not later than March 1, 2017, and annually thereafter, the Administrator shall, in consultation with the National Nuclear Security Administration Council, submit to the congressional defense committees a report on progress of the Administration toward implementing a common financial reporting system for the nuclear security enterprise as required by subsection (a).
Each report under this subsection shall include the following:
A summary of activities, accomplishments, challenges, benefits, and costs related to the implementation of a common financial reporting system for the nuclear security enterprise during the year preceding the year in which such report is submitted.
A summary of planned activities in connection with the implementation of a common financial reporting system for the nuclear security enterprise in the year in which such report is submitted.
A description of any anticipated modifications to the schedule for implementing a common financial reporting system for the nuclear security enterprise, including an update on possible risks, challenges, and costs related to such implementation.
No report is required under this subsection after the completion of the implementation of a common financial reporting system for the nuclear security enterprise.
None of the funds authorized to be appropriated by the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96–540; 94 Stat. 3197) or any other Act may be used for any purpose related to licensing of any defense activity or facility of the Department of Energy by the Nuclear Regulatory Commission.
The Administrator for Nuclear Security shall establish within the nuclear security enterprise a Center for Security Technology, Analysis, Response, and Testing.
The center established under subsection (a) shall carry out the following:
Provide to the Administrator, the Chief of Defense Nuclear Security, and the management and operating contractors of the nuclear security enterprise a wide range of objective expertise on security technologies, systems, analysis, testing, and response forces.
Assist the Administrator in developing standards, requirements, analysis methods, and testing criteria with respect to security.
Collect, analyze, and distribute lessons learned with respect to security.
Support inspections and oversight activities with respect to security.
Promote professional development and training for security professionals.
Provide for advance and bulk procurement for security-related acquisitions that affect multiple facilities of the nuclear security enterprise.
Advocate for continual improvement and security excellence throughout the nuclear security enterprise.
Such other duties as the Administrator may assign.
The Secretary of Energy, acting through the Administrator, shall establish a stewardship program to ensure—
the preservation of the core intellectual and technical competencies of the United States in nuclear weapons, including weapons design, system integration, manufacturing, security, use control, reliability assessment, and certification; and
that the nuclear weapons stockpile is safe, secure, and reliable without the use of underground nuclear weapons testing.
The program shall include the following:
An increased level of effort for the construction of new facilities and the modernization of existing facilities with production and manufacturing capabilities that are necessary to support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including—
the nuclear weapons production facilities; and
production and manufacturing capabilities resident in the national security laboratories.
Support for advanced computational capabilities to enhance the simulation and modeling capabilities of the United States with respect to the performance over time of nuclear weapons.
Support for above-ground experimental programs, such as hydrotesting, high-energy lasers, inertial confinement fusion, plasma physics, and materials research.
Support for the modernization of facilities and projects that contribute to the experimental capabilities of the United States that support the sustainment and modernization of the United States nuclear weapons stockpile and the capabilities required to assess nuclear weapons effects.
Support for the use of, and experiments facilitated by, the advanced experimental facilities of the United States, including—
the National Ignition Facility at Lawrence Livermore National Laboratory;
the Dual Axis Radiographic Hydrodynamic Test Facility at Los Alamos National Laboratory;
the Z Machine at Sandia National Laboratories; and
the experimental facilities at the Nevada National Security Site.
Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), the Administrator shall—
in consultation with the Nuclear Weapons Council established under section 179, develop and implement a portfolio management framework for the nuclear security enterprise that—
defines the Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs;
establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics;
outlines the approach of the Administration to managing that portfolio; and
incorporates the leading practices identified by the Comptroller General of the United States in the report titled “Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts” (GAO-21-398) and dated June 2021; and
complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the Administration.
Not later than June 1, 2022, the Administrator shall provide to the congressional defense committees a briefing on—
the progress of the Administrator in developing the framework described in paragraph (1) of subsection (a) and completing the assessment required by paragraph (2) of that subsection; and
the plans of the Administrator for implementing the recommendations of the Comptroller General in the report referred to in paragraph (1)(D) of that subsection.
The Secretary of Energy shall develop clear and specific criteria for judging whether the science-based tools being used by the Department of Energy for determining the safety and reliability of the nuclear weapons stockpile are performing in a manner that will provide an adequate degree of certainty that the stockpile is safe and reliable.
The Secretary of Energy, in developing the criteria required by subsection (a), shall coordinate with the Secretary of Defense.
The Administrator, in consultation with the Secretary of Defense and other appropriate officials of the departments and agencies of the Federal Government, shall develop and annually update a plan for sustaining the nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile stewardship, stockpile management, stockpile responsiveness, stockpile surveillance, program direction, infrastructure modernization, human capital, and nuclear test readiness. The plan shall be consistent with the programmatic and technical requirements of the most recent annual Nuclear Weapons Stockpile Memorandum.
In accordance with subsection (c), not later than March 15 of each even-numbered year, the Administrator shall submit to the congressional defense committees a summary of the plan developed under subsection (a).
In accordance with subsection (d), not later than March 15 of each odd-numbered year, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a).
The summaries and reports required by this subsection shall be submitted in unclassified form, but may include a classified annex.
Each summary of the plan submitted under subsection (b)(1) shall include, at a minimum, the following:
A summary of the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type.
A summary of the status, plans, budgets, and schedules for warhead life extension programs and any other programs to modify, update, or replace warhead types.
A summary of the methods and information used to determine that the nuclear weapons stockpile is safe and reliable, as well as the relationship of science-based tools to the collection and interpretation of such information.
A summary of the status of the nuclear security enterprise, including programs and plans for infrastructure modernization and retention of human capital, as well as associated budgets and schedules.
A summary of the status, plans, and budgets for carrying out the stockpile responsiveness program under section 5641.
A summary of the plan regarding the research and development, deployment, and lifecycle sustainment of technologies described in subsection (d)(7).
A summary of the assessment under subsection (d)(8) regarding the execution of programs with current and projected budgets and any associated risks.
Identification of any modifications or updates to the plan since the previous summary or detailed report was submitted under subsection (b).
Such other information as the Administrator considers appropriate.
Each detailed report on the plan submitted under subsection (b)(2) shall include, at a minimum, the following:
With respect to stockpile stewardship, stockpile management, and stockpile responsiveness—
the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type;
for each five-year period occurring during the period beginning on the date of the report and ending on the date that is 20 years after the date of the report—
the planned number of nuclear warheads (including active and inactive) for each warhead type in the nuclear weapons stockpile; and
the past and projected future total lifecycle cost of each type of nuclear weapon;
the status, plans, budgets, and schedules for warhead life extension programs and any other programs to modify, update, or replace warhead types;
a description of the process by which the Administrator assesses the lifetimes, and requirements for life extension or replacement, of the nuclear and non-nuclear components of the warheads (including active and inactive warheads) in the nuclear weapons stockpile;
a description of the process used in recertifying the safety, security, and reliability of each warhead type in the nuclear weapons stockpile;
any concerns of the Administrator that would affect the ability of the Administrator to recertify the safety, security, or reliability of warheads in the nuclear weapons stockpile (including active and inactive warheads);
mechanisms to provide for the manufacture, maintenance, and modernization of each warhead type in the nuclear weapons stockpile, as needed;
mechanisms to expedite the collection of information necessary for carrying out the stockpile management program required by section 5626, including information relating to the aging of materials and components, new manufacturing techniques, and the replacement or substitution of materials;
mechanisms to ensure the appropriate assignment of roles and missions for each national security laboratory and nuclear weapons production facility, including mechanisms for allocation of workload, mechanisms to ensure the carrying out of appropriate modernization activities, and mechanisms to ensure the retention of skilled personnel;
mechanisms to ensure that each national security laboratory has full and complete access to all weapons data to enable a rigorous peer-review process to support the annual assessment of the condition of the nuclear weapons stockpile required under section 5627;
mechanisms for allocating funds for activities under the stockpile management program required by section 5626, including allocations of funds by weapon type and facility;
for each of the five fiscal years following the fiscal year in which the report is submitted, an identification of the funds needed to carry out the program required under section 5626;
the status, plans, activities, budgets, and schedules for carrying out the stockpile responsiveness program under section 5641;
for each of the five fiscal years following the fiscal year in which the report is submitted, an identification of the funds needed to carry out the program required under section 5641; and
as required, when assessing and developing prototype nuclear weapons of foreign countries, a report from the directors of the national security laboratories on the need and plan for such assessment and development that includes separate comments on the plan from the Secretary of Energy and the Director of National Intelligence.
With respect to science-based tools—
a description of the information needed to determine that the nuclear weapons stockpile is safe and reliable;
for each science-based tool used to collect information described in subparagraph (A), the relationship between such tool and such information and the effectiveness of such tool in providing such information based on the criteria developed pursuant to section 5623(a); and
the criteria developed under section 5623(a) (including any updates to such criteria).
An assessment of the stockpile stewardship program under section 5621(a) by the Administrator, in consultation with the directors of the national security laboratories, which shall set forth—
an identification and description of—
any key technical challenges to the stockpile stewardship program; and
the strategies to address such challenges without the use of nuclear testing;
a strategy for using the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory to ensure that the nuclear weapons stockpile is safe, secure, and reliable without the use of nuclear testing;
an assessment of the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory that exist at the time of the assessment compared with the science-based tools expected to exist during the period covered by the future-years nuclear security program; and
an assessment of the core scientific and technical competencies required to achieve the objectives of the stockpile stewardship program and other weapons activities and weapons-related activities of the Administration, including—
the number of scientists, engineers, and technicians, by discipline, required to maintain such competencies; and
a description of any shortage of such individuals that exists at the time of the assessment compared with any shortage expected to exist during the period covered by the future-years nuclear security program.
With respect to the nuclear security infrastructure—
a description of the modernization and refurbishment measures the Administrator determines necessary to meet the requirements prescribed in—
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) if such strategy has been submitted as of the date of the plan;
the most recent national defense strategy as of the date of the plan; and
the most recent Nuclear Posture Review as of the date of the plan;
a schedule for implementing the measures described under subparagraph (A) during the 10-year period following the date of the plan;
the estimated levels of annual funds the Administrator determines necessary to carry out the measures described under subparagraph (A), including a discussion of the criteria, evidence, and strategies on which such estimated levels of annual funds are based; and
a description of-
the metrics (based on industry best practices) used by the Administrator to determine the infrastructure deferred maintenance and repair needs of the nuclear security enterprise; and
the percentage of replacement plant value being spent on maintenance and repair needs of the nuclear security enterprise; and
an explanation of whether the annual spending on such needs complies with the recommendation of the National Research Council of the National Academies of Sciences, Engineering, and Medicine that such spending be in an amount equal to four percent of the replacement plant value, and, if not, the reasons for such noncompliance and a plan for how the Administrator will ensure facilities of the nuclear security enterprise are being properly sustained.
With respect to the nuclear test readiness of the United States—
an estimate of the period of time that would be necessary for the Administrator to conduct an underground test of a nuclear weapon once directed by the President to conduct such a test;
a description of the level of test readiness that the Administrator, in consultation with the Secretary of Defense, determines to be appropriate;
a list and description of the workforce skills and capabilities that are essential to carrying out an underground nuclear test at the Nevada National Security Site;
a list and description of the infrastructure and physical plants that are essential to carrying out an underground nuclear test at the Nevada National Security Site; and
an assessment of the readiness status of the skills and capabilities described in subparagraph (C) and the infrastructure and physical plants described in subparagraph (D).
A strategy for the integrated management of plutonium for stockpile and stockpile stewardship needs over a 20-year period that includes the following:
An assessment of the baseline science issues necessary to understand plutonium aging under static and dynamic conditions under manufactured and nonmanufactured plutonium geometries.
An assessment of scientific and testing instrumentation for plutonium at elemental and bulk conditions.
An assessment of manufacturing and handling technology for plutonium and plutonium components.
An assessment of computational models of plutonium performance under static and dynamic loading, including manufactured and nonmanufactured conditions.
An identification of any capability gaps with respect to the assessments described in subparagraphs (A) through (D).
An estimate of costs relating to the issues, instrumentation, technology, and models described in subparagraphs (A) through (D) over the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).
An estimate of the cost of eliminating the capability gaps identified under subparagraph (E) over the period covered by the future-years nuclear security program.
Such other items as the Administrator considers important for the integrated management of plutonium for stockpile and stockpile stewardship needs.
A plan for the research and development, deployment, and lifecycle sustainment of the technologies employed within the nuclear security enterprise to address physical and cyber security threats during the five fiscal years following the date of the report, together with—
for each site in the nuclear security enterprise, a description of the technologies deployed to address the physical and cybersecurity threats posed to that site;
for each site and for the nuclear security enterprise, the methods used by the Administration to establish priorities among investments in physical and cybersecurity technologies; and
a detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help carry out that plan.
An assessment of whether the programs described by the report can be executed with current and projected budgets and any associated risks.
Identification of any modifications or updates to the plan since the previous summary or detailed report was submitted under subsection (b).
For each detailed report on the plan submitted under subsection (b)(2), the Nuclear Weapons Council shall conduct an assessment that includes the following:
An analysis of the plan, including—
whether the plan supports the requirements of the national security strategy of the United States referred to in subsection (d)(4)(A)(i), the most recent the national defense strategy, and the most recent Nuclear Posture Review;
whether the modernization and refurbishment measures described under subparagraph (A) of subsection (d)(4) and the schedule described under subparagraph (B) of such subsection are adequate to support such requirements; and
whether the plan supports the stockpile responsiveness program under section 5641 in a manner that meets the objectives of such program and an identification of any improvements that may be made to the plan to better carry out such program.
An analysis of whether the plan adequately addresses the requirements for infrastructure recapitalization of the facilities of the nuclear security enterprise.
If the Nuclear Weapons Council determines that the plan does not adequately support modernization and refurbishment requirements under subparagraph (A) or the nuclear security enterprise facilities infrastructure recapitalization requirements under subparagraph (B), a risk assessment with respect to—
supporting the annual certification of the nuclear weapons stockpile; and
maintaining the long-term safety, security, and reliability of the nuclear weapons stockpile.
Not later than 180 days after the date on which the Administrator submits the plan under subsection (b)(2), the Nuclear Weapons Council shall submit to the congressional defense committees a report detailing the assessment required under paragraph (1).
In this section:
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.
The term future-years nuclear security program means the program required by section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).
The term national defense strategy means the review of the defense programs and policies of the United States that is carried out every four years under section 113(g).
The term nuclear security budget materials, with respect to a fiscal year, means the materials submitted to Congress by the Administrator in support of the budget for that fiscal year.
The term weapons activities means each activity within the budget category of weapons activities in the budget of the Administration.
The term weapons-related activities means each activity under the Department of Energy that involves nuclear weapons, nuclear weapons technology, or fissile or radioactive materials, including activities related to—
nuclear nonproliferation;
nuclear forensics;
nuclear intelligence;
nuclear safety; and
nuclear incident response.
In fiscal year 2015 and subsequent fiscal years, the Secretary of Energy shall submit to the congressional defense committees (as defined in 10 U.S.C. 101(a)(16)) a report, on each major warhead refurbishment program that reaches the Phase 6.3 milestone, that provides an analysis of alternatives. Such report shall include—
a full description of alternatives considered prior to the award of Phase 6.3;
a comparison of the costs and benefits of each of those alternatives, to include an analysis of trade-offs among cost, schedule, and performance objectives against each alternative considered;
identification of the cost and risk of critical technology elements associated with each alternative, including technology maturity, integration risk, manufacturing feasibility, and demonstration needs;
identification of the cost and risk of additional capital asset and infrastructure capabilities required to support production and certification of each alternative;
a comparative analysis of the risks, costs, and scheduling needs for any military requirement intended to enhance warhead safety, security, or maintainability, including any requirement to consolidate and/or integrate warhead systems or mods as compared to at least one other feasible refurbishment alternative the Nuclear Weapons Council considers appropriate; and
a life-cycle cost estimate for the alternative selected that details the overall cost, scope, and schedule planning assumptions.
The Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense, shall carry out a program, in support of the stockpile stewardship program, to provide for the effective management, modernization, and replacement, as required, of the weapons in the nuclear weapons stockpile. The program shall have the following objectives:
To enhance the performance and reliability of the nuclear weapons stockpile of the United States.
To further reduce the likelihood of the resumption of underground nuclear weapons testing.
To maintain the safety and security of the nuclear weapons stockpile.
To optimize the future size of the nuclear weapons stockpile.
To reduce the risk of an accidental detonation of an element of the stockpile.
To reduce the risk of an element of the stockpile being used by a person or entity hostile to the United States, its vital interests, or its allies.
In carrying out the stockpile management program under subsection (a), the Secretary of Energy shall ensure that—
any changes made to the stockpile shall be consistent with the objectives identified in subsection (a);
any changes made to the stockpile consistent with the objectives identified in subsection (a) are carried out in a cost effective manner; and
any such changes made to the stockpile shall—
be well understood and certifiable without the need to resume underground nuclear weapons testing;
use the design, certification, and production expertise resident in the nuclear security enterprise to fulfill current mission requirements of the existing stockpile; and
develop future generations of design, certification, and production expertise in the nuclear security enterprise to support the fulfillment of mission requirements of the future stockpile.
In accordance with the requirements under section 5630, for each budget submitted by the President to Congress under section 1105 of title 31, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget.
For each nuclear weapon type in the stockpile of the United States, each official specified in subsection (b) on an annual basis shall, to the extent such official is directly responsible for the safety, reliability, performance, or military effectiveness of that nuclear weapon type, complete an assessment of the safety, reliability, performance, or military effectiveness (as the case may be) of that nuclear weapon type.
The officials referred to in subsection (a) are the following:
The head of each national security laboratory.
The Commander of the United States Strategic Command.
In support of the assessments required by subsection (a), the Administrator may establish teams, known as dual validation teams, to provide each national security laboratory responsible for weapons design with independent evaluations of the condition of each warhead for which such laboratory has lead responsibility. A dual validation team established by the Administrator shall—
be comprised of weapons experts from the laboratory that does not have lead responsibility for fielding the warhead being evaluated;
have access to all surveillance and underground test data for all stockpile systems for use in the independent evaluations;
use all relevant available data to conduct independent calculations; and
pursue independent experiments to support the independent evaluations.
The head of each national security laboratory shall establish and use one or more teams of experts, known as red teams, to assist in the assessments required by subsection (a). Each such team shall include experts from both of the other national security laboratories. Each such team for a national security laboratory shall—
review both the matters covered by the assessments under subsection (a) performed by the head of that laboratory and any independent evaluations conducted by a dual validation team under subsection (c);
subject such matters to challenge; and
submit the results of such review and challenge, together with the findings and recommendations of such team with respect to such review and challenge, to the head of that laboratory.
Not later than December 1 of each year, each official specified in subsection (b) shall submit to the Secretary concerned, and to the Nuclear Weapons Council, a report on the assessments that such official was required by subsection (a) to complete. The report shall include the following:
The results of each such assessment.
Such official's determination as to whether or not one or more underground nuclear tests are necessary to resolve any issues identified in the assessments and, if so—
an identification of the specific underground nuclear tests that are necessary to resolve such issues; and
a discussion of why options other than an underground nuclear test are not available or would not resolve such issues.
An identification of the specific underground nuclear tests which, while not necessary, might have value in resolving any such issues and a discussion of the anticipated value of conducting such tests.
Such official's determination as to the readiness of the United States to conduct the underground nuclear tests identified under subparagraphs (A)(i) and (B), if directed by the President to do so.
In the case of a report submitted by the head of a national security laboratory—
a concise statement regarding the adequacy of the science-based tools and methods, including with respect to cyber assurance, being used to determine the matters covered by the assessments;
a concise statement regarding the adequacy of the tools and methods employed by the manufacturing infrastructure required by section 5632 to identify and fix any inadequacy with respect to the matters covered by the assessments, and the confidence of the head in such tools and methods;
a concise summary of the findings and recommendations of any teams under subsection (d) that relate to the assessments, together with a discussion of those findings and recommendations;
a concise summary of the results of any independent evaluation conducted by a dual validation team under subsection (c); and
a concise summary of any significant finding investigations initiated or active during the previous year for which the head of the national security laboratory has full or partial responsibility.
In the case of a report submitted by the Commander of the United States Strategic Command—
a discussion of the relative merits of other nuclear weapon types (if any), or compensatory measures (if any) that could be taken, that could enable accomplishment of the missions of the nuclear weapon types to which the assessments relate, should such assessments identify any deficiency with respect to such nuclear weapon types;
a summary of all major assembly releases in place as of the date of the report for the active and inactive nuclear weapon stockpiles; and
the views of the Commander on the stockpile responsiveness program under section 5641, the activities conducted under such program, and any suggestions to improve such program.
An identification and discussion of any matter having an adverse effect on the capability of the official submitting the report to accurately determine the matters covered by the assessments.
Not later than February 1 of each year, the Secretary of Defense and the Secretary of Energy shall submit to the President—
each report, without change, submitted to either Secretary under subsection (e) during the preceding year;
any comments that the Secretaries individually or jointly consider appropriate with respect to each such report;
the conclusions that the Secretaries individually or jointly reach as to the safety, reliability, performance, and military effectiveness of the nuclear weapons stockpile of the United States; and
any other information that the Secretaries individually or jointly consider appropriate.
Not later than March 15 of each year, the President shall forward to Congress the matters received by the President under paragraph (1) for that year, together with any comments the President considers appropriate.
If the President does not forward to Congress the matters required under paragraph (2) by the date required by such paragraph, the officials specified in subsection (b) shall provide a briefing to the congressional defense committees not later than March 30 on the report such officials submitted to the Secretary concerned under subsection (e).
Each submittal under subsection (f) shall be in classified form only, with the classification level required for each portion of such submittal marked appropriately.
In this section, the term Secretary concerned means—
the Secretary of Energy, with respect to matters concerning the Department of Energy; and
the Secretary of Defense, with respect to matters concerning the Department of Defense.
Any certification submitted to the President by the Secretary of Defense or the Secretary of Energy regarding confidence in the safety or reliability of a nuclear weapon type in the United States nuclear weapons stockpile shall be submitted in classified form only.
The Secretary of Energy shall establish and support a program to assure that the United States is in a position to maintain the reliability, safety, and continued deterrent effect of its stockpile of existing nuclear weapons designs in the event that a low-threshold or comprehensive ban on nuclear explosives testing is negotiated and ratified within the framework agreed to by the United States and the Russian Federation.
The purposes of the program under subsection (a) shall be the following:
To assure that the United States maintains a vigorous program of stockpile inspection and non-explosive testing so that, if a low-threshold or comprehensive test ban is entered into, the United States remains able to detect and identify potential problems in stockpile reliability and safety in existing designs of nuclear weapons.
To assure that the specific materials, components, processes, and personnel needed for the remanufacture of existing nuclear weapons or the substitution of alternative nuclear warheads are available to support such remanufacture or substitution if such action becomes necessary in order to satisfy reliability and safety requirements under a low-threshold or comprehensive test ban agreement.
To assure that a vigorous program of research in areas related to nuclear weapons science and engineering is supported so that, if a low-threshold or comprehensive test ban agreement is entered into, the United States is able to maintain a base of technical knowledge about nuclear weapons design and nuclear weapons effects.
The Secretary of Energy shall carry out the program provided for in subsection (a). The program shall be carried out with the participation of representatives of the Department of Defense, the nuclear weapons production facilities, and the national security laboratories.
In any fiscal year after fiscal year 2002 in which the Secretary of Energy plans to carry out activities described in paragraph (2) relating to the development of a new nuclear weapon or modified nuclear weapon beyond phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, the Secretary—
shall specifically request funds for such activities in the budget of the President for that fiscal year under section 1105(a) of title 31; and
may carry out such activities only if amounts are authorized to be appropriated for such activities by an Act of Congress consistent with section 660 of the Department of Energy Organization Act (42 U.S.C. 7270).
The activities described in this paragraph are as follows:
The conduct, or provision for conduct, of research and development for the production of a new nuclear weapon by the United States.
The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a new nuclear weapon by the United States.
The conduct, or provision for conduct, of research and development for the production of a modified nuclear weapon by the United States.
The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a modified nuclear weapon by the United States.
In a request for funds under subsection (a), the Secretary shall include a dedicated line item for each activity described in subsection (a)(2) for a new nuclear weapon or modified nuclear weapon that is in phase 2 or higher or phase 6.2 or higher (as the case may be) of the nuclear weapon acquisition process.
In any fiscal year after fiscal year 2022, the Secretary of Energy, acting through the Administrator, in conjunction with the annual submission of the budget of the President to Congress pursuant to section 1105 of title 31, shall notify the congressional defense committees of—
any activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon that, during the calendar year prior to the budget submission, were carried out prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process; and
any plans to carry out, prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon during the fiscal year covered by that budget.
In this section:
The term modified nuclear weapon means a nuclear weapon that contains a pit or canned subassembly, either of which—
is in the nuclear weapons stockpile as of December 2, 2002; and
is being modified in order to meet a military requirement that is other than the military requirements applicable to such nuclear weapon when first placed in the nuclear weapons stockpile.
The term new nuclear weapon means a nuclear weapon that contains a pit or canned subassembly, either of which is neither—
in the nuclear weapons stockpile on December 2, 2002; nor
in production as of that date.
No underground test of nuclear weapons may be conducted by the United States after September 30, 1996, unless a foreign state conducts a nuclear test after this date, at which time the prohibition on United States nuclear testing is lifted.
None of the funds appropriated pursuant to the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 107 Stat. 1547) or any other Act for any fiscal year may be available to maintain the capability of the United States to conduct atmospheric testing of a nuclear weapon.
The Secretary of Energy shall carry out a program for purposes of establishing within the Government a manufacturing infrastructure that has the capabilities of meeting the following objectives:
To provide a stockpile surveillance engineering base.
To refabricate and certify weapon components and types in the enduring nuclear weapons stockpile, as necessary.
To fabricate and certify new nuclear warheads, as necessary.
To support nuclear weapons.
To supply sufficient tritium in support of nuclear weapons to ensure an upload hedge in the event circumstances require.
The purpose of the program carried out under paragraph (1) shall also be to develop manufacturing capabilities and capacities necessary to meet the requirements specified in the annual Nuclear Weapons Stockpile Memorandum.
The manufacturing infrastructure established under the program under subsection (a) shall include the following capabilities (modernized to attain the objectives referred to in that subsection):
The weapons assembly and high explosives manufacturing capabilities of the Pantex Plant.
The weapon secondary fabrication capabilities of the Y–12 National Security Complex, Oak Ridge, Tennessee.
The capabilities of the Savannah River Site relating to tritium recycling and processing.
The fissile material component processing and fabrication capabilities of the Savannah River Plutonium Processing Facility and the Los Alamos National Laboratory.
The non-nuclear component capabilities of the Kansas City National Security Campus, Kansas City, Missouri.
The Administrator shall require the nuclear security enterprise to accelerate the modernization of manufacturing processes for depleted uranium by 2030 so that the nuclear security enterprise—
demonstrates bulk cold hearth melting of depleted uranium alloys to augment existing capabilities on an operational basis for war reserve components;
manufactures, on a repeatable and ongoing basis, war reserve depleted uranium alloy components using net shape casting;
demonstrates, if possible, a production facility to conduct routine operations for manufacturing depleted uranium alloy components outside of the current perimeter security fencing of the Y-12 National Security Complex, Oak Ridge, Tennessee; and
has available high purity depleted uranium for the production of war reserve components.
Not later than March 31, 2023, and annually thereafter through 2030, the Administrator shall provide to the congressional defense committees a briefing on—
progress made in carrying out subsection (a);
the cost of activities conducted under such subsection during the preceding fiscal year; and
the ability of the nuclear security enterprise to convert depleted uranium fluoride hexafluoride to depleted uranium tetrafluoride.
In the event of a difficulty at a national security laboratory or a nuclear weapons production facility that has a significant bearing on confidence in the safety or reliability of a nuclear weapon or nuclear weapon type, the head of the laboratory or facility, as the case may be, shall submit to the Administrator a report on the difficulty. The head of the laboratory or facility shall submit the report as soon as practicable after discovery of the difficulty.
Not later than 10 days after receipt of a report under subsection (a), the Administrator shall transmit the report (together with the comments of the Administrator) to the congressional defense committees, to the Secretary of Energy and the Secretary of Defense, and to the President.
Any report submitted pursuant to subsection (a) shall also be submitted to the President and Congress with the matters required to be submitted under section 5627(f) for the year in which such report is submitted.
At the end of the first quarter of each fiscal year, the Secretary of Energy, acting through the Administrator, shall submit to the congressional defense committees a report on each nuclear weapon system undergoing life extension and each major alteration project (as defined in section 5794(a)(2)) during the preceding fiscal year. The reports shall be known as Selected Acquisition Reports for the weapon system concerned.
The information contained in the Selected Acquisition Report for a fiscal year for a nuclear weapon system shall be the information contained in the Selected Acquisition Report for each fiscal-year quarter in that fiscal year for a major defense acquisition program under section 4351 or any successor system, expressed in terms of the nuclear weapon system.
The Secretary, acting through the Administrator, shall submit to the congressional defense committees and the Nuclear Weapons Council the following:
An independent cost estimate of the following:
Each nuclear weapon system undergoing life extension at the completion of phase 6.2A or new weapon system at the completion of phase 2A, relating to design definition and cost study.
Each nuclear weapon system undergoing life extension at the completion of phase 6.3 or new weapon system at the completion of phase 3, relating to development engineering.
Each nuclear weapon system undergoing life extension at the completion of phase 6.4, relating to production engineering, and before the initiation of phase 6.5, relating to first production.
Each new weapon system at the completion of phase 4, relating to production engineering, and before the initiation of phase 5, relating to first production.
Each new nuclear facility within the nuclear security enterprise that is estimated to cost more than $500,000,000 before such facility achieves critical decision 1 and before such facility achieves critical decision 2 in the acquisition process.
Each nuclear weapons system undergoing a major alteration project (as defined in section 5794(a)(2)).
An independent cost review of each nuclear weapon system undergoing life extension at the completion of phase 6.2 or new weapon system at the completion of phase 2, relating to study of feasibility and down-select.
Each independent cost estimate and independent cost review under paragraph (1) shall include—
whether the cost baseline or the budget estimate for the period covered by the future-years nuclear security program has changed, and the rationale for any such change; and
any views of the Secretary or the Administrator regarding such estimate or review.
The Administrator shall review and consider the results of any independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility, as the case may be, under this subsection before entering the next phase of the development process of such system or the acquisition process of such facility.
Except as otherwise specified in paragraph (1), each independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility under this subsection shall be submitted not later than 30 days after the date on which—
in the case of a nuclear weapons system, such system completes a phase specified in such paragraph; or
in the case of a nuclear facility, such facility achieves critical decision 1 as specified in subparagraph (A)(v) of such paragraph.
Each independent cost estimate or independent cost review submitted under this subsection shall be submitted in unclassified form, but may include a classified annex if necessary.
Upon the request of the Administrator, the Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation and in consultation with the Administrator, may conduct an independent cost assessment of any initiative or program of the Administration that is estimated to cost more than $500,000,000.
It is the policy of the United States—
to maintain a safe, secure, effective, and reliable nuclear weapons stockpile; and
as long as other nations control or actively seek to acquire nuclear weapons, to retain a credible nuclear deterrent.
It is in the security interest of the United States to sustain the United States nuclear weapons stockpile through a program of stockpile stewardship, carried out at the national security laboratories and nuclear weapons production facilities.
It is the sense of Congress that—
the United States should retain a triad of strategic nuclear forces sufficient to deter any future hostile foreign leadership with access to strategic nuclear forces from acting against the vital interests of the United States;
the United States should continue to maintain nuclear forces of sufficient size and capability to implement an effective and robust deterrent strategy; and
the advice of the persons required to provide the President and Congress with assurances of the safety, security, effectiveness, and reliability of the nuclear weapons force should be scientifically based, without regard for politics, and of the highest quality and integrity.
In addition to a director of a national security laboratory or a nuclear weapons production facility under section 5634, any member of the Nuclear Weapons Council may also submit to the President, the Secretary of Defense, the Secretary of Energy, or the congressional defense committees advice or opinion regarding the safety, security, effectiveness, and reliability of the nuclear weapons stockpile.
No individual, including a representative of the President, may take any action against, or otherwise constrain, a director of a national security laboratory or a nuclear weapons production facility or a member of the Nuclear Weapons Council from presenting the professional views of the director or member, as the case may be, to the President, the National Security Council, or Congress regarding—
the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or
the status of, and plans for, the capabilities and infrastructure that support and sustain the nuclear weapons stockpile and nuclear forces.
Nothing in paragraph (1)(B) may be construed to affect the interagency budget process.
In this section, the term representative of the President means the following:
Any official of the Department of Defense or the Department of Energy who is appointed by the President and confirmed by the Senate.
Any member or official of the National Security Council.
Any member or official of the Joint Chiefs of Staff.
Any official of the Office of Management and Budget.
If a director of a national security laboratory of the Administration determines that a Federal regulation could inhibit the ability of the Administrator to maintain the safety, security, or effectiveness of the nuclear weapons stockpile without engaging in explosive nuclear testing, such director, not later than 15 days after making such determination, shall submit to Congress a notification of such determination.
Each notification required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Consistent with the requirements of the Secretary of Defense, the Secretary of Energy shall ensure that the nuclear security enterprise—
during 2021, begins production of qualification plutonium pits;
during 2024, produces not less than 10 war reserve plutonium pits;
during 2025, produces not less than 20 war reserve plutonium pits;
during 2026, produces not less than 30 war reserve plutonium pits; and
during 2030, produces not less than 80 war reserve plutonium pits.
Not later than March 1, 2015, and each year thereafter through 2030, the Secretary of Energy shall certify to the congressional defense committees and the Secretary of Defense that the programs and budget of the Secretary of Energy will enable the nuclear security enterprise to meet the requirements under subsection (a).
If the Secretary of Energy does not make a certification under subsection (b) by March 1 of any year in which a certification is required under that subsection, by not later than May 1 of such year, the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees a plan to enable the nuclear security enterprise to meet the requirements under subsection (a). Such plan shall include identification of the resources of the Department of Energy that the Chairman determines should be redirected to support the plan to meet such requirements.
Not later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project.
If the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph.
Not later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the planned production goals of both covered projects during the first 10 years of the operation of the projects.
Each report under paragraph (1) shall include-
the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type;
a description of risks and challenges to meeting the performance baseline for the covered projects, as approved in critical decision 2 in the acquisition process;
options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and
an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year.
Until the date on which the Administrator 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—
carry out a project to expand the pit disassembly and processing capability of the spaces at PF–4 occupied by ARIES as of December 22, 2023; or
otherwise expand such spaces.
Paragraph (1) shall not apply with respect to—
ongoing or planned small projects to sustain or improve the efficiency of plutonium oxide production, provided that such projects do not expand the spaces at PF–4 occupied by ARIES as of December 22, 2023;
the planning and design of an additional ARIES capability at a location other than PF–4; or
the transfer of the ARIES capability to a location other than PF–4.
In this subsection:
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.
The term PF–4 means the Plutonium Facility at Technical Area 55 located at Los Alamos National Laboratory, Los Alamos, New Mexico.
In this subsection, the term covered project means—
the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or
the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).
Not later than 570 days after December 22, 2023, 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.
The Administrator shall complete the milestones on plutonium pit aging identified in the report entitled “Research Program Plan for Plutonium and Pit Aging”, published by the Administration in September 2021.
The Administrator shall—
acting through the Defense Programs Advisory Committee, conduct biennial reviews during the period beginning not later than one year after the date of the enactment of this Act and ending December 31, 2030, regarding the progress achieved toward completing the milestones described in subsection (a); and
seek to enter into an arrangement with the private scientific advisory group known as JASON to conduct, not later than 2030, an assessment of plutonium pit aging.
During the period beginning not later than one year after the date of the enactment of this Act and ending December 31, 2030, the Administrator shall provide to the congressional defense committees biennial briefings on—
the progress achieved toward completing the milestones described in subsection (a); and
the results of the assessments described in subsection (b).
Not later than October 1, 2031, the Administrator shall—
certify to the congressional defense committees whether the milestones described in subsection (a) have been achieved; and
if the milestones have not been achieved, submit to such committees a report—
describing the reasons such milestones have not been achieved;
including, if the Administrator determines the Administration will not be able to meet one of such milestones, an explanation for that determination; and
specifying new dates for the completion of the milestones the Administrator anticipates the Administration will meet.
The Administrator for Nuclear Security may authorize management and operating contractors at covered facilities to develop and implement workforce development and training partnership programs to further the education and training of employees or prospective employees of such management and operating contractors to meet the requirements of section 5638.
To carry out subsection (a), a management and operating contractor at a covered facility may provide funding through grants or other means to cover the costs of the development and implementation of a workforce development and training partnership program authorized under such subsection, including costs relating to curriculum development, hiring of teachers, procurement of equipment and machinery, use of facilities or other properties, and provision of scholarships and fellowships.
In this section:
The term covered facility means—
Los Alamos National Laboratory, Los Alamos, New Mexico; or
the Savannah River Site, Aiken, South Carolina.
The term prospective employee means an individual who has applied (or who, based on their field of study and experience, is likely to apply) for a position of employment with a management and operating contractor to support plutonium pit production at a covered facility.
It is the policy of the United States to identify, sustain, enhance, integrate, and continually exercise all capabilities required to conceptualize, study, design, develop, engineer, certify, produce, and deploy nuclear weapons to ensure the nuclear deterrent of the United States remains safe, secure, reliable, credible, and responsive.
The Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense, shall carry out a stockpile responsiveness program, along with the stockpile stewardship program under section 5621 and the stockpile management program under section 5626, to identify, sustain, enhance, integrate, and continually exercise all capabilities required to conceptualize, study, design, develop, engineer, certify, produce, and deploy nuclear weapons.
The program under subsection (b) shall have the following objectives:
Identify, sustain, enhance, integrate, and continually exercise all of the capabilities, infrastructure, tools, and technologies across the science, engineering, design, certification, and manufacturing cycle required to carry out all phases of the joint nuclear weapons life cycle process, with respect to both the nuclear security enterprise and relevant elements of the Department of Defense.
Identify, enhance, and transfer knowledge, skills, and direct experience with respect to all phases of the joint nuclear weapons life cycle process from one generation of nuclear weapon designers and engineers to the following generation.
Periodically demonstrate stockpile responsiveness throughout the range of capabilities as required, such as through the use of prototypes, flight testing, and development of plans for certification without the need for nuclear explosive testing.
Shorten design, certification, and manufacturing cycles and timelines to minimize the amount of time and costs leading to an engineering prototype and production.
Continually exercise processes for the integration and coordination of all relevant elements and processes of the Administration and the Department of Defense required to ensure stockpile responsiveness.
The retention of the ability, in coordination with the Director of National Intelligence, to assess and develop prototype nuclear weapons of foreign countries if needed to meet intelligence requirements and, if necessary, to conduct no-yield testing of those prototypes.
In this section, the term joint nuclear weapons life cycle process means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.
Not later than December 31 of each odd-numbered year through 2031, the Secretary of Energy shall submit to the congressional defense committees a plan for meeting national security requirements for unencumbered uranium through 2070.
The plan required by subsection (a) shall include the following:
An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is allocated to national security requirements.
An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is not allocated to national security requirements but could be allocated to such requirements.
An identification of national security requirements for unencumbered uranium through 2070, by program source and enrichment level.
An assessment of current and projected unencumbered uranium production by private industry in the United States that could support future defense requirements.
A description of any shortfall in obtaining unencumbered uranium to meet national security requirements and an assessment of whether that shortfall could be mitigated through the blending down of uranium that is of a higher enrichment level.
An inventory of unencumbered depleted uranium, an assessment of the portion of that uranium that could be allocated to national security requirements through re-enrichment, and an estimate of the costs of re-enriching that uranium.
A description of the swap and barter agreements involving unencumbered uranium needed to meet national security requirements that are in effect on the date of the plan.
An assessment of—
when additional enrichment of uranium will be required to meet national security requirements; and
the options the Secretary is considering to meet such requirements, including an estimated cost and timeline for each option and a description of any changes to policy or law that the Secretary determines would be required for each option.
An assessment of how options to provide additional enriched uranium to meet national security requirements could, as an additional benefit, contribute to the establishment of a sustained domestic enrichment capacity and allow the commercial sector of the United States to reduce reliance on importing uranium from adversary countries.
The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Not later than 180 days after the date on which the congressional defense committees receive each plan under subsection (a), 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 an assessment of the plan.
In this section:
The term depleted, with respect to uranium, means that the uranium is depleted in uranium-235 compared with natural uranium.
The term unencumbered, with respect to uranium, means that the United States has no obligation to foreign governments to use the uranium for only peaceful purposes.
Not later than 120 days after the date of the enactment of National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31), the Administrator shall submit to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives a report that contains a plan to establish a domestic enrichment capability sufficient to meet defense requirements for enriched uranium. Such plan shall include—
a description of defense requirements for enriched uranium expected to be necessary between the date of the enactment 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;
key milestones, steps, and policy decisions required to achieve the domestic uranium enrichment capability;
the dates by which such key milestones are to be achieved;
a funding profile, broken down by project and sub-project, for obtaining such capability;
a description of any changes in the requirement of the Department of Defense for highly enriched uranium due to AUKUS; and
any other elements or information the Administrator determines appropriate.
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—
the Administration is in compliance with the plan and milestones contained in the report; or
the Administration is not in compliance with such plan or milestones, together with—
a description of the nature of the non-compliance;
the reasons for the non-compliance; and
a plan to achieve compliance.
No report shall be required under paragraph (1) after the date on which the Administrator certifies to the congressional defense committees that the final key milestone under the plan has been met.
The report under subsection (a) and each annual certification under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
The Administrator shall ensure that shipments described in paragraph (2) incorporate surety technologies relating to transportation and shipping developed by the Integrated Surety Architecture program of the Administration.
A shipment described in this paragraph is an over-the-road shipment of the Administration that involves any nuclear weapon planned to be in the active stockpile after 2025.
The Administrator, in coordination with the Chairman of the Nuclear Weapons Council, shall ensure that each program described in paragraph (2) incorporates integrated designs compatible with the Integrated Surety Architecture program.
A program described in this subsection is a program of the Administration that is a warhead development program, a life extension program, or a warhead major alteration program.
If, on a case-by-case basis, the Administrator determines that a shipment under subsection (a) will not incorporate some or all of the surety technologies described in such subsection, or that a program under subsection (b) will not incorporate some or all of the integrated designs described in such subsection, the Administrator shall submit such determination to the congressional defense committees, including the results of an analysis conducted pursuant to paragraph (2).
Each determination made under paragraph (1) shall be based on a documented, system risk analysis that considers security risk reduction, operational impacts, and technical risk.
The requirements of subsections (a) and (b) shall terminate on December 31, 2029.
Upon receiving a concept definition study under phase 1 of the joint nuclear weapons life cycle for the W93 nuclear weapon, the Nuclear Weapons Council shall submit to the congressional defense committees a report that includes the following:
A description of the potential military characteristics of the weapon.
A description of the stockpile-to-target sequence requirements of the weapon.
An initial assessment of the requirements a W93 nuclear weapon program is likely to generate for the nuclear security enterprise, including—
adjustments to the size and composition of the workforce;
additions to existing weapon design and production capabilities; or
additional facility recapitalization or new construction.
A preliminary description of other significant requirements for a W93 nuclear weapon program, including—
first production unit date;
initial operational capability date;
full operational capability date; and
any unique safety and surety requirements that could increase design complexity or cost estimate uncertainty.
Not later than 15 days after the date on which the Nuclear Weapons Council approves phase 2 of the joint nuclear weapons life cycle for the W93 nuclear weapon, the Administrator shall provide to the congressional defense committees a briefing on a plan to implement a process of independent peer review or review by a board of experts, or both, with respect to—
the nonnuclear components of the weapon;
subsystem design; and
engineering aspects of the weapon.
The Administrator shall ensure that the process required by subparagraph (A)—
uses—
all relevant capabilities of the Federal Government, the defense industrial base, and institutions of higher education; and
other capabilities that the Administrator determines necessary; and
informs the entire development life cycle of the W93 nuclear weapon.
Not later than 15 days after the date on which the Nuclear Weapons Council approves phase 3 of the joint nuclear weapons life cycle for the W93 nuclear weapon—
the administrator shall provide to the congressional defense committees a briefing that includes certifications that—
phases 1 through 5 of the joint nuclear weapons life cycle for the weapon will employ, at a minimum, the same best practices and will provide Congress with the same level of programmatic insight as exists under the phase 6.X process for life extension programs; and
the proposed design for the weapon can be carried out within estimated schedule and cost objectives; and
the Commander of the United States Strategic Command shall submit to the congressional defense committees a report containing, or provide to such committees a briefing on, the requirements for weapon quantity and composition by type for the sub-surface ballistic nuclear (SSBN) force, including such requirements planned for the 15-year period following the date of the report or briefing, as the case may be, including any planned life extensions, retirements, or alterations.
Subsections (a) and (b) may be waived during a period of war declared by Congress after January 1, 2021.
In this section, the term joint nuclear weapons life cycle has the meaning given that term in section 5641.
The Administrator shall enter into an arrangement with an independent entity under which that entity shall—
review and validate whether the earned value management systems of contractors of the Administration for life extension programs meet the earned value management national standard; and
conduct periodic surveillance reviews of such systems to ensure that such systems maintain compliance with that standard through program completion.
The Administrator shall—
establish specific benchmarks for technology readiness levels of critical technologies for life extension programs at key decision points; and
ensure that critical technologies meet such benchmarks at such decision points.
This section shall apply to programs that, as of January 1, 2021, have not entered phase 3 of the nuclear weapons acquisition process or phase 6.3 of a nuclear weapons life extension program.
In this section, the term earned value management national standard means the most recent version of the EIA-748 Earned Value Management System Standard published by the National Defense Industrial Association.
The Secretary of Energy shall establish a tritium production program that is capable of meeting the tritium requirements of the United States for nuclear weapons.
The Secretary shall locate any new tritium production facility of the Department of Energy at the Savannah River Site, South Carolina.
The Secretary may perform in-reactor tests of tritium target rods as part of the activities carried out under the commercial light water reactor program.
Except as provided in subsection (b), the following activities shall be carried out at the Savannah River Site, South Carolina:
All tritium recycling for weapons, including tritium refitting.
All activities regarding tritium formerly carried out at the Mound Plant, Ohio.
The following activities may be carried out at the Los Alamos National Laboratory, New Mexico:
Research on tritium.
Work on tritium in support of the defense inertial confinement fusion program.
Provision of technical assistance to the Savannah River Site regarding the weapons surveillance program.
The Secretary of Energy shall carry out activities at the Savannah River Site, South Carolina, to—
modernize and consolidate the facilities for recycling tritium from weapons; and
provide a modern tritium extraction facility so as to ensure that such facilities have a capacity to recycle tritium from weapons that is adequate to meet the requirements for tritium for weapons specified in the Nuclear Weapons Stockpile Memorandum.
The Secretary of Energy may conduct programs designed to improve the protection, control, and accountability of fissile materials in Russia.
Except as provided in subsection (b) or specifically authorized by Congress, international material protection, control, and accounting activities in the Russian Federation shall be completed not later than fiscal year 2018.
The limitation in subsection (a) shall not apply to international material protection, control, and accounting activities in the Russian Federation associated with the Agreement Concerning the Management and Disposition of Plutonium Designated as No Longer Required for Defense Purposes and Related Cooperation, signed at Moscow and Washington August 29 and September 1, 2000, and entered into force July 13, 2011 (TIAS 11–713.1), between the United States and the Russian Federation.
Not later than February 1, 2003, the Secretary of Energy shall submit to Congress a plan for the construction and operation of the MOX facility at the Savannah River Site, Aiken, South Carolina.
The plan under paragraph (1) shall include—
a schedule for construction and operations so as to achieve, as of January 1, 2012, and thereafter, the MOX production objective, and to produce 1 metric ton of mixed-oxide fuel by December 31, 2012; and
a schedule of operations of the MOX facility designed so that 34 metric tons of defense plutonium and defense plutonium materials at the Savannah River Site will be processed into mixed-oxide fuel by January 1, 2019.
Not later than February 15 each year, beginning in 2004 and continuing through 2024, the Secretary shall submit to Congress a report on the implementation of the plan required by paragraph (1).
Each report under subparagraph (A) for years before 2010 shall include—
an assessment of compliance with the schedules included with the plan under paragraph (2); and
a certification by the Secretary whether or not the MOX production objective can be met by January 2012.
Each report under subparagraph (A) for years after 2014 shall—
address whether the MOX production objective has been met; and
assess progress toward meeting the obligations of the United States under the Plutonium Management and Disposition Agreement.
Each report under subparagraph (A) for years after 2019 shall also include an assessment of compliance with the MOX production objective and, if not in compliance, the plan of the Secretary for achieving one of the following:
Compliance with such objective.
Removal of all remaining defense plutonium and defense plutonium materials from the State of South Carolina.
If a report under subsection (a)(3) indicates that construction or operation of the MOX facility is behind the applicable schedule under subsection (g) by 12 months or more, the Secretary shall submit to Congress, not later than August 15 of the year in which such report is submitted, a plan for corrective actions to be implemented by the Secretary to ensure that the MOX facility project is capable of meeting the MOX production objective.
If a plan is submitted under paragraph (1) in any year after 2008, the plan shall include corrective actions to be implemented by the Secretary to ensure that the MOX production objective is met.
Any plan for corrective actions under paragraph (1) or (2) shall include established milestones under such plan for achieving compliance with the MOX production objective.
If, before January 1, 2012, the Secretary determines that there is a substantial and material risk that the MOX production objective will not be achieved by 2012 because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until such risk is addressed and the Secretary certifies that the MOX production objective can be met by 2012.
If, after January 1, 2014, the Secretary determines that the MOX production objective has not been achieved because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until the Secretary certifies that the MOX production objective can be met.
Upon making a determination under paragraph (4) or (5), the Secretary shall submit to Congress a report on the options for removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the State of South Carolina after April 15, 2002.
Each report under subparagraph (A) shall include an analysis of each option set forth in the report, including the cost and schedule for implementation of such option, and any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to consideration or selection of such option.
Upon submittal of a report under subparagraph (A), the Secretary shall commence any analysis that may be required under the National Environmental Policy Act of 1969 in order to select among the options set forth in the report.
If the MOX production objective is not achieved as of January 1, 2014, the Secretary shall, consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws, remove from the State of South Carolina, for storage or disposal elsewhere—
not later than January 1, 2016, not less than 1 metric ton of defense plutonium or defense plutonium materials; and
not later than January 1, 2022, an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2022, but not processed by the MOX facility.
If the MOX production objective is not achieved as of January 1, 2016, the Secretary shall, subject to the availability of appropriations, pay to the State of South Carolina each year beginning on or after that date through 2021 for economic and impact assistance an amount equal to $1,000,000 per day, not to exceed $100,000,000 per year, until the later of—
the date on which the MOX production objective is achieved in such year; or
the date on which the Secretary has removed from the State of South Carolina in such year at least 1 metric ton of defense plutonium or defense plutonium materials.
If, as of January 1, 2022, the MOX facility has not processed mixed-oxide fuel from defense plutonium and defense plutonium materials in the amount of not less than—
one metric ton, in each of any two consecutive calendar years; and
three metric tons total,
Nothing in this paragraph may be construed to terminate, supersede, or otherwise affect any other requirements of this section.
If the State of South Carolina obtains an injunction that prohibits the Department of Energy from taking any action necessary for the Department to meet any deadline specified by this subsection, that deadline shall be extended for a period of time equal to the period of time during which the injunction is in effect.
If less than 34 metric tons of defense plutonium or defense plutonium materials have been processed by the MOX facility by October 1, 2026, the Secretary shall, not later than December 1, 2026, and on a biennial basis thereafter, submit to Congress a plan for—
completing the processing of 34 metric tons of defense plutonium and defense plutonium material by the MOX facility; or
removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site after April 15, 2002, but not processed by the MOX facility.
If, one year after the date on which operation of the MOX facility permanently ceases, any mixed-oxide fuel remains at the Savannah River Site, the Secretary shall submit to Congress—
a report on when such fuel will be transferred for use in commercial nuclear reactors; or
a plan for removing such fuel from the State of South Carolina.
Not later than December 31, 2006, the Secretary shall submit to Congress a report on the construction and operation of the MOX facility that includes a schedule for revising the requirements of this section during fiscal year 2007 to conform with the schedule established by the Secretary for the MOX facility, which shall be based on estimated funding levels for the fiscal year.
In this section:
The term MOX production objective means production at the MOX facility of mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed-oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment.
The term MOX facility means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.
The terms defense plutonium and defense plutonium materials mean weapons-usable plutonium.
The Secretary of Energy shall consult with the Governor of the State of South Carolina regarding any decisions or plans of the Secretary related to the disposition of surplus defense plutonium and defense plutonium materials located at the Savannah River Site, Aiken, South Carolina.
For each shipment of defense plutonium or defense plutonium materials to the Savannah River Site, the Secretary shall, not less than 30 days before the commencement of such shipment, submit to the congressional defense committees a report providing notice of such shipment.
The Secretary shall prepare a plan for disposal of the surplus defense plutonium and defense plutonium materials currently located at the Savannah River Site and for disposal of defense plutonium and defense plutonium materials to be shipped to the Savannah River Site in the future. The plan shall include the following:
A review of each option considered for such disposal.
An identification of the preferred option for such disposal.
With respect to the facilities for such disposal that are required by the Department of Energy's Record of Decision for the Storage and Disposition of Weapons-Usable Fissile Materials Final Programmatic Environmental Impact Statement dated January 14, 1997—
a statement of the cost of construction and operation of such facilities;
a schedule for the expeditious construction of such facilities, including milestones; and
a firm schedule for funding the cost of such facilities.
A specification of the means by which all such defense plutonium and defense plutonium materials will be removed in a timely manner from the Savannah River Site for storage or disposal elsewhere.
If the Secretary determines not to proceed at the Savannah River Site with construction of the plutonium immobilization plant, or with the mixed oxide fuel fabrication facility, the Secretary shall prepare a plan that identifies a disposition path for all defense plutonium and defense plutonium materials that would otherwise have been disposed of at such plant or such facility, as applicable.
Not later than February 1, 2002, the Secretary shall submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if applicable).
If the Secretary does not submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if applicable) by February 1, 2002, the Secretary shall be prohibited from shipping defense plutonium or defense plutonium materials to the Savannah River Site during the period beginning on February 1, 2002, and ending on the date on which such plans are submitted to Congress.
Nothing in this section may be construed to prohibit or limit the Secretary from shipping defense plutonium or defense plutonium materials to sites other than the Savannah River Site during the period referred to in subsection (f) or any other period.
The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a report setting forth the extent to which amounts requested for the Department for such fiscal year for fissile materials disposition activities will enable the Department to meet commitments for the disposition of surplus defense plutonium and defense plutonium materials located at the Savannah River Site, and for any other fissile materials disposition activities, in such fiscal year.
It is the sense of Congress that the security, including the rapid removal or secure storage, of high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment at vulnerable sites worldwide should be a top priority among the activities to achieve the national security of the United States.
It is the sense of Congress that the President may establish in the Department of Energy a task force to be known as the Task Force on Nuclear Materials to carry out the program authorized by subsection (b).
The Secretary of Energy may carry out a program to undertake an accelerated, comprehensive worldwide effort to mitigate the threats posed by high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment located at sites potentially vulnerable to theft or diversion.
Activities under the program under subsection (b) may include the following:
Accelerated efforts to secure, remove, or eliminate proliferation-attractive fissile materials or radiological materials in research reactors, other reactors, and other facilities worldwide.
Arrangements for the secure shipment of proliferation-attractive fissile materials, radiological materials, and related equipment to other countries willing to accept such materials and equipment, or to the United States if such countries cannot be identified, and the provision of secure storage or disposition of such materials and equipment following shipment.
The transportation of proliferation-attractive fissile materials, radiological materials, and related equipment from sites identified as proliferation risks to secure facilities in other countries or in the United States.
The processing and packaging of proliferation-attractive fissile materials, radiological materials, and related equipment in accordance with required standards for transport, storage, and disposition.
The provision of interim security upgrades for vulnerable, proliferation-attractive fissile materials, radiological materials, and related equipment pending their removal from their current sites.
The utilization of funds to upgrade security and accounting at sites where proliferation-attractive fissile materials or radiological materials will remain for an extended period of time in order to ensure that such materials are secure against plausible potential threats and will remain so in the future.
The management of proliferation-attractive fissile materials, radiological materials, and related equipment at secure facilities.
Actions to ensure that security, including security upgrades at sites and facilities for the storage or disposition of proliferation-attractive fissile materials, radiological materials, and related equipment, continues to function as intended.
The provision of technical support to the International Atomic Energy Agency (IAEA), other countries, and other entities to facilitate removal of, and security upgrades to facilities that contain, proliferation-attractive fissile materials, radiological materials, and related equipment worldwide.
The development of alternative fuels and irradiation targets based on low-enriched uranium to convert research or other reactors fueled by highly-enriched uranium to such alternative fuels, as well as the conversion of reactors and irradiation targets employing highly-enriched uranium to employment of such alternative fuels and targets.
Accelerated actions for the blend down of highly-enriched uranium to low-enriched uranium.
The provision of assistance in the closure and decommissioning of sites identified as presenting risks of proliferation of proliferation-attractive fissile materials, radiological materials, and related equipment.
Programs to—
assist in the placement of employees displaced as a result of actions pursuant to the program in enterprises not representing a proliferation threat; and
convert (including through the use of alternative technologies) sites identified as presenting risks of proliferation regarding proliferation-attractive fissile materials, radiological materials, and related equipment to purposes not representing a proliferation threat to the extent necessary to eliminate the proliferation threat.
The Secretary of Energy shall, in coordination with the Secretary of State, carry out the program in consultation with, and with the assistance of, appropriate departments, agencies, and other entities of the United States Government.
The Secretary of Energy shall, with the concurrence of the Secretary of State, carry out activities under the program in collaboration with such foreign governments, non-governmental organizations, and other international entities as the Secretary of Energy considers appropriate for the program.
Amounts authorized to be appropriated to the Secretary of Energy for defense nuclear nonproliferation activities shall be available for purposes of the program under this section.
The Secretary of Energy may, with the concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, or multinational entity) that the Secretary of Energy considers appropriate under which the person contributes funds for purposes of the programs described in paragraph (2).
The programs described in this paragraph are any programs within the Office of Defense Nuclear Nonproliferation of the National Nuclear Security Administration.
Notwithstanding section 3302 of title 31, the Secretary of Energy may retain and use amounts contributed under an agreement under paragraph (1) for purposes of the programs described in paragraph (2). Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available for use without further appropriation and without fiscal year limitation.
If an amount contributed under an agreement under paragraph (1) is not used under this subsection within 5 years after it was contributed, the Secretary of Energy shall return that amount to the person who contributed it.
Not later than October 31 of each year, the Secretary of Energy shall submit to the congressional defense committees a report on the receipt and use of amounts under this subsection during the preceding fiscal year. Each report for a fiscal year shall set forth—
a statement of any amounts received under this subsection, including, for each such amount, the value of the contribution and the person who contributed it;
a statement of any amounts used under this subsection, including, for each such amount, the purposes for which the amount was used; and
a statement of the amounts retained but not used under this subsection, including, for each such amount, the purposes (if known) for which the Secretary intends to use the amount.
In this section:
The term fissile materials means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated items containing such materials if the radiation field from such items is not sufficient to prevent the theft or misuse of such items.
The term radiological materials includes Americium-241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, Plutonium-238, Radium-226, Strontium-90, Curium-244, and irradiated items containing such materials, or other materials designated by the Secretary of Energy for purposes of this paragraph.
The term related equipment includes equipment useful for enrichment of uranium in the isotope 235 and for extraction of fissile materials from irradiated fuel rods and other equipment designated by the Secretary of Energy for purposes of this section.
The term highly-enriched uranium means uranium enriched to or above 20 percent in the isotope 235.
The term low-enriched uranium means uranium enriched below 20 percent in the isotope 235.
The term proliferation-attractive, in the case of fissile materials and radiological materials, means quantities and types of such materials that are determined by the Secretary of Energy to present a significant risk to the national security of the United States if diverted to a use relating to proliferation.
The term alternative technologies means technologies, such as accelerator-based equipment, that do not use radiological materials.
The Administrator shall ensure that the goal of the covered programs is eliminating the use of blood irradiation devices in the United States that rely on cesium chloride by December 31, 2027.
To meet the goal specified by subsection (a), the Administrator shall carry out the covered programs in a manner that—
is voluntary for owners of blood irradiation devices;
allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;
allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and
replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.
The Administrator shall carry out the covered programs until December 31, 2027.
Not later than 180 days after the date of the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), the Administrator shall submit to the appropriate congressional committees a report on the covered programs, including—
identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;
a plan for achieving the goal established by subsection (a);
a methodology for prioritizing replacement of such devices that takes into account irradiator age and prior material security initiatives;
in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices;
identification of the annual funds required to meet the goal established by subsection (a); and
a description of the disposal path for cesium chloride sources under the covered programs.
The Administrator shall submit an assessment to the appropriate congressional committees by September 20, 2023, of the results of the actions on the covered programs under this section, including—
the number of replacement irradiators under the covered programs;
the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;
the cost-effectiveness of the covered programs;
an analysis of the effectiveness of the new irradiation devices' technology; and
a forecast of whether the Administrator will meet the goal established in subsection (a).
In this section:
The term appropriate congressional committees means—
the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and
the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.
The term covered programs means the following programs of the Office of Radiological Security of the National Nuclear Security Administration:
The Cesium Irradiator Replacement Program.
The Off-Site Source Recovery Program.
The Secretary of Energy may, with the concurrence of the Secretary of State and in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, enter into agreements with countries or international organizations to conduct data collection and analysis to determine accurately and in a timely manner the source of any components of, or fissile material used or attempted to be used in, a nuclear device or weapon.
The Secretary of Energy may, with the concurrence of the Secretary of State and in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, enter into agreements with countries or international organizations—
to acquire for the materials information program of the Department of Energy validated information on the physical characteristics of radioactive material produced, used, or stored at various locations, in order to facilitate the ability to determine accurately and in a timely manner the source of any components of, or fissile material used or attempted to be used in, a nuclear device or weapon; and
to obtain access to information described in paragraph (1) in the event of—
a nuclear detonation; or
the interdiction or discovery of a nuclear device or weapon or nuclear material.
The Administrator shall develop and annually update a five-year management plan for activities associated with the defense nuclear nonproliferation programs of the Administration to prevent and counter the proliferation of materials, technology, equipment, and expertise related to nuclear and radiological weapons in order to minimize and address the risk of nuclear terrorism and the proliferation of such weapons.
Not later than March 15 of each even-numbered year, the Administrator shall submit to the congressional defense committees a summary of the plan developed under subsection (a).
Not later than March 15 of each odd-numbered year, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a).
Each summary submitted under paragraph (1) and each report submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex if necessary.
The plan required by subsection (a) shall include, with respect to each defense nuclear nonproliferation program of the Administration, the following:
A description of the policy context in which the program operates, including—
a list of relevant laws, policy directives issued by the President, and international agreements; and
nuclear nonproliferation activities carried out by other Federal agencies.
A description of the objectives and priorities of the program during the year preceding the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be.
A description of the activities carried out under the program during that year.
A description of the accomplishments and challenges of the program during that year, based on an assessment of metrics and objectives previously established to determine the effectiveness of the program.
A description of any gaps that remain that were not or could not be addressed by the program during that year.
An identification and explanation of uncommitted or uncosted balances for the program, as of the date of the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, that are greater than the acceptable carryover thresholds, as determined by the Secretary of Energy.
An identification of funds for the program received through contributions from or cost-sharing agreements with foreign governments consistent with section 5665(e) during the year preceding the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, and an explanation of such contributions and agreements.
A description and assessment of activities carried out under the program during that year that were coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.
Plans for activities of the program during the five-year period beginning on the date on which the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, is submitted, including activities with respect to the following:
Preventing nuclear and radiological proliferation and terrorism, including through—
material management and minimization, particularly with respect to removing or minimizing the use of highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), efforts to dispose of surplus material, converting reactors from highly enriched uranium to low-enriched uranium (and identifying the countries in which such reactors are located);
global nuclear material security, including securing highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), and providing radiation detection capabilities at foreign ports and borders;
nonproliferation and arms control, including nuclear verification and safeguards;
defense nuclear research and development, including a description of activities related to developing and improving technology to detect the proliferation and detonation of nuclear weapons, verifying compliance of foreign countries with commitments under treaties and agreements relating to nuclear weapons, and detecting the diversion of nuclear materials (including safeguards technology); and
nonproliferation construction programs, including activities associated with Department of Energy Order 413.1 (relating to program management controls).
Countering nuclear and radiological proliferation and terrorism.
Responding to nuclear and radiological proliferation and terrorism, including through—
crisis operations;
consequences management; and
emergency management, including international capacity building.
A threat assessment, carried out by the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))), with respect to the risk of nuclear and radiological proliferation and terrorism and a description of how each activity carried out under the program will counter the threat during the five-year period beginning on the date on which the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, is submitted and, as appropriate, in the longer term.
A plan for funding the program during that five-year period.
An identification of metrics and objectives for determining the effectiveness of each activity carried out under the program during that five-year period.
A description of the activities to be carried out under the program during that five-year period and a description of how the program will be prioritized relative to other defense nuclear nonproliferation programs of the Administration during that five-year period to address the highest priority risks and requirements, as informed by the threat assessment carried out under paragraph (10).
A description and assessment of activities to be carried out under the program during that five-year period that will be coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.
A summary of the technologies and capabilities documented under section 5670(a).
A summary of the assessments conducted under section 5670(b)(1).
Such other matters as the Administrator considers appropriate.
The Administrator shall document, for efforts that are not focused on basic research, the technologies and capabilities of the defense nuclear nonproliferation research and development program that—
are transitioned to end users for further development or deployment; and
are deployed.
In assessing projects under the defense nuclear nonproliferation research and development program or the defense nuclear nonproliferation and arms control program, the Administrator shall compare the status of each such project, including with respect to the final results of such project, to the baseline targets and goals established in the initial project plan of such project.
The Administrator may carry out paragraph (1) using a common template or such other means as the Administrator determines appropriate.
At the end of each fiscal year, the Administrator shall submit to the congressional defense committees a report on each covered hardware project. The reports shall be known as Selected Acquisition Reports for the covered hardware project concerned.
The information contained in the Selected Acquisition Report for a fiscal year for a covered hardware project shall be the information contained in the Selected Acquisition Report for such fiscal year for a major defense acquisition program under section 4351 or any successor system, expressed in terms of the covered hardware project.
In this section, the term covered hardware project means a project carried out under the defense nuclear nonproliferation research and development program that—
is focused on the production and deployment of hardware, including with respect to the development and deployment of satellites or satellite payloads; and
exceeds $500,000,000 in total program cost over the course of five years.
There is hereby established in the Treasury of the United States for the Department of Energy an account to be known as the Defense Environmental Cleanup Account (hereafter in this section referred to as the Account).
All sums appropriated to the Department of Energy for defense environmental cleanup at defense nuclear facilities shall be credited to the Account. Such appropriations shall be authorized annually by law. To the extent provided in appropriations Acts, amounts in the Account shall remain available until expended.
The Assistant Secretary of Energy for Environmental Management, in consultation with other appropriate officials of the Department of Energy, shall establish requirements for the classification of defense environmental cleanup projects as capital asset projects or operations activities.
The Secretary of Energy may develop future use plans for any defense nuclear facility at which defense environmental cleanup activities are occurring.
The Secretary shall develop a future use plan for each of the following defense nuclear facilities:
Hanford Site, Richland, Washington.
Savannah River Site, Aiken, South Carolina.
Idaho National Engineering Laboratory, Idaho.
At each defense nuclear facility for which the Secretary of Energy intends or is required to develop a future use plan under this section and for which no citizen advisory board has been established, the Secretary shall establish a citizen advisory board.
The Secretary may authorize the manager of a defense nuclear facility for which a future use plan is developed under this section (or, if there is no such manager, an appropriate official of the Department of Energy designated by the Secretary) to pay routine administrative expenses of a citizen advisory board established for that facility. Such payments shall be made from funds available to the Secretary for defense environmental cleanup activities necessary for national security programs.
In developing a future use plan under this section with respect to a defense nuclear facility, the Secretary of Energy shall consult with a citizen advisory board established pursuant to subsection (c) or a similar advisory board already in existence as of September 23, 1996, for such facility, affected local governments (including any local future use redevelopment authorities), and other appropriate State agencies.
A future use plan developed under this section shall cover a period of at least 50 years.
Not later than 60 days after completing development of a final plan for a site listed in subsection (b), the Secretary of Energy shall submit to Congress a report on the plan. The report shall describe the plan and contain such findings and recommendations with respect to the site as the Secretary considers appropriate.
Nothing in this section, or in a future use plan developed under this section with respect to a defense nuclear facility, shall be construed as requiring any modification to a future use plan with respect to a defense nuclear facility that was developed before September 23, 1996.
Nothing in this section may be construed to affect statutory requirements for a defense environmental cleanup activity or project or to modify or otherwise affect applicable statutory or regulatory defense environmental cleanup requirements, including substantive standards intended to protect public health and the environment, nor shall anything in this section be construed to preempt or impair any local land use planning or zoning authority or State authority.
The Secretary of Energy shall submit to Congress each year, at or about the same time that the President's budget is submitted to Congress for a fiscal year under section 1105(a) of title 31, a future-years defense environmental cleanup plan that—
reflects the estimated expenditures and proposed appropriations included in that budget for the Department of Energy for defense environmental cleanup; and
covers a period that includes the fiscal year for which that budget is submitted and not less than the four succeeding fiscal years.
Each future-years defense environmental cleanup plan required by subsection (a) shall contain the following:
A detailed description of the projects and activities relating to defense environmental cleanup to be carried out during the period covered by the plan at the sites specified in subsection (c) and with respect to the activities specified in subsection (d).
A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support such projects and activities.
With respect to each site specified in subsection (c), the following:
A statement of each milestone included in an enforceable agreement governing cleanup and waste remediation for that site for each fiscal year covered by the plan.
For each such milestone, a statement with respect to whether each such milestone will be met in each such fiscal year.
For any milestone that will not be met, an explanation of why the milestone will not be met and the date by which the milestone is expected to be met.
For any milestone that has been missed, renegotiated, or postponed, a statement of the current milestone, the original milestone, and any interim milestones.
The sites specified in this subsection are the following:
The Idaho National Laboratory, Idaho.
The Waste Isolation Pilot Plant, Carlsbad, New Mexico.
The Savannah River Site, Aiken, South Carolina.
The Oak Ridge National Laboratory, Oak Ridge, Tennessee.
The Hanford Site, Richland, Washington.
Any defense closure site of the Department of Energy.
Any site of the National Nuclear Security Administration.
The activities specified in this subsection are the following:
Program support.
Program direction.
Safeguards and security.
Technology development and deployment.
Federal contributions to the Uranium Enrichment Decontamination and Decommissioning Fund established under section 1801 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g).
The Secretary of Energy shall accelerate the schedule for defense environmental cleanup activities and disposition projects for a site at a Department of Energy defense nuclear facility if the Secretary determines that such an accelerated schedule will accelerate the recapitalization, modernization, or replacement of National Nuclear Security Administration facilities supporting the nuclear weapons stockpile, achieve meaningful, long-term cost savings to the Federal Government, or could substantially accelerate the release of land for local reuse without undermining national security objectives.
In making a determination under subsection (a), the Secretary shall consider the following:
The extent to which accelerated cleanup schedules can contribute to a more rapid modernization of National Nuclear Security Administration facilities.
The cost savings achievable by the Federal Government.
The potential for reuse of the site.
The risks that the site poses to local health and safety.
The proximity of the site to populated areas.
Nothing in this section may be construed to affect a specific statutory requirement for a specific defense environmental cleanup activity or project or to modify or otherwise affect applicable statutory or regulatory defense environmental cleanup requirements, including substantive standards intended to protect public health and the environment.
The Secretary of Energy shall establish and carry out a program of research for the development of technologies useful for—
the reduction of environmental hazards and contamination resulting from defense waste; and
environmental restoration of inactive defense waste disposal sites.
As used in this section:
The term defense waste means waste, including radioactive waste, resulting primarily from atomic energy defense activities of the Department of Energy.
The term inactive defense waste disposal site means any site (including any facility) under the control or jurisdiction of the Secretary of Energy which is used for the disposal of defense waste and is closed to the disposal of additional defense waste, including any site that is subject to decontamination and decommissioning.
The Secretary may establish a program, to be known as the Incremental Technology Development Program, to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office.
In carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including—
decontamination chemicals and techniques;
remote sensing and wireless communication to reduce manpower and laboratory efforts;
detection, assay, and certification instrumentation; and
packaging materials, methods, and shipping systems.
The Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A).
In carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations.
The Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program.
In carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2).
The Secretary shall select projects under subparagraph (A) through a rigorous process that involves—
transparent and open competition; and
a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships.
The Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent.
Not later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest.
The Secretary shall establish a program, to be known as the High-Impact Technology Development Program, under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission—
holistically address difficult challenges;
hold the promise of breakthrough improvements; or
align existing or in-use technologies with difficult challenges.
The Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following:
Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on—
real-time field acquisition; and
the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration.
Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex.
Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of—
remediation systems; and
noninvasive near-field monitoring techniques.
Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on—
rapid and nondestructive examination and assay techniques; and
methods to determine radio-nuclide, heavy metals, and organic constituents.
Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites.
Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment.
Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates—
to address engineering adaptations;
to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and
to enable successful deployment at full-scale and in support of operations.
Developing and demonstrating rapid testing protocols that—
are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community;
can be used to measure long-term waste form performance under realistic disposal environments;
can determine whether a stabilized waste is suitable for disposal; and
reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal.
Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury.
Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines.
The Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves—
transparent and open competition; and
a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships.
Not later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest.
The Secretary shall establish a program, to be known as the Environmental Management University Program, to—
engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise;
provide institutions of higher education and the Department access to advances in engineering and science;
clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and
encourage current employees of the Department to pursue advanced degrees.
The Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following:
The atomic- and molecular-scale chemistries of waste processing.
Contaminant immobilization in engineered and natural systems.
Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine.
Elucidating and exploiting complex speciation and reactivity far from equilibrium.
Understanding and controlling chemical and physical processes at interfaces.
Harnessing physical and chemical processes to revolutionize separations.
Tailoring waste forms for contaminants in harsh chemical environments.
Predicting and understanding subsurface system behavior and response to perturbations.
In carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period.
In carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects.
In carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management.
In carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions.
In this section:
The term complex means all sites managed in whole or in part by the Office.
The term Department means the Department of Energy.
The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
The term mission means the mission of the Office.
The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
The term Office means the Office of Environmental Management of the Department.
The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.
Each year, at the same time the President submits to Congress the budget for a fiscal year (pursuant to section 1105 of title 31), the Secretary of Energy shall submit to Congress a report on how the defense environmental cleanup funds of the Department of Energy were expended during the fiscal year preceding the fiscal year during which the budget is submitted. The report shall include details on expenditures by operations office, installation, budget category, and activity. The report also shall include any schedule changes or modifications to planned activities for the fiscal year in which the budget is submitted.
The Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency, the Attorney General, Governors and attorneys general of affected States, appropriate representatives of affected Indian tribes, and interested members of the public in any planning conducted by the Secretary for defense environmental cleanup activities at Department of Energy defense nuclear facilities.
Commencing not later than October 1, 2005, the Secretary of Energy shall have in effect a policy for carrying out future defense environmental management matters of the Department of Energy. The policy shall specify each officer within the Department with responsibilities for carrying out that policy and, for each such officer, the nature and extent of those responsibilities.
In paragraph (1), the term future defense environmental management matter means any environmental cleanup project, decontamination and decommissioning project, waste management project, or related activity that arises out of the activities of the Department in carrying out programs necessary for national security and is to be commenced after November 24, 2003. However, such term does not include any such project or activity the responsibility for which has been assigned, as of November 24, 2003, to the Environmental Management program of the Department.
For fiscal year 2006 and each fiscal year thereafter, the Secretary shall ensure that the budget justification materials submitted to Congress in support of the Department of Energy budget for such fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) reflect the policy required by subsection (a).
The Secretary shall carry out this section in consultation with the Administrator for Nuclear Security and the Under Secretary of Energy for Energy, Science, and Environment.
The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for fiscal year 2005 (as submitted with the budget of the President under section 1105(a) of title 31) a report on the policy that the Secretary plans to have in effect under subsection (a) as of October 1, 2005. The report shall specify the officers and responsibilities referred to in subsection (a).
The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a report on the cost, for that fiscal year and the four fiscal years following that fiscal year, of meeting milestones required by a consent order at each defense nuclear facility at which defense environmental cleanup activities are occurring. The report shall include, for each such facility—
a specification of the cost of meeting such milestones during that fiscal year; and
an estimate of the cost of meeting such milestones during the four fiscal years following that fiscal year.
Each year, at the same time that the Department of Energy submits its annual financial report under section 3516 of title 31, the Secretary of Energy shall make available to the public a statement of environmental liabilities, as calculated for the most recent audited financial statement of the Department under section 3515 of that title, for each defense nuclear facility at which defense environmental cleanup activities are occurring.
Not later than 120 days before a Department of Energy defense nuclear facility permanently ceases all production and processing operations, the Secretary of Energy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a discussion of the training and job placement services needed to enable the employees at such facility to obtain employment in the defense environmental cleanup activities at such facility. The discussion shall include the actions that should be taken by the contractor operating and managing such facility to provide retraining and job placement services to employees of such contractor.
Upon the permanent cessation of production operations at a Department of Energy defense nuclear facility, the Secretary of Energy shall submit to Congress a report containing—
a complete survey of environmental problems at the facility;
budget quality data indicating the cost of defense environmental cleanup activities at the facility; and
a discussion of the proposed cleanup schedule.
Notwithstanding the provisions of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.), the requirements of section 202 of the Energy Reorganization Act of 1974 (42 U.S.C. 5842), and other laws that define classes of radioactive waste, with respect to material stored at a Department of Energy site at which activities are regulated by a covered State pursuant to approved closure plans or permits issued by the State, the term high-level radioactive waste does not include radioactive waste resulting from the reprocessing of spent nuclear fuel that the Secretary of Energy (in this section referred to as the Secretary), in consultation with the Nuclear Regulatory Commission (in this section referred to as the Commission), determines—
does not require permanent isolation in a deep geologic repository for spent fuel or high-level radioactive waste;
has had highly radioactive radionuclides removed to the maximum extent practical; and
does not exceed concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, and will be disposed of—
in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations; and
pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; or
exceeds concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, but will be disposed of-
in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations;
pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; and
pursuant to plans developed by the Secretary in consultation with the Commission.
The Commission shall, in coordination with the covered State, monitor disposal actions taken by the Department of Energy pursuant to subparagraphs (A) and (B) of subsection (a)(3) for the purpose of assessing compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations.
If the Commission considers any disposal actions taken by the Department of Energy pursuant to those subparagraphs to be not in compliance with those performance objectives, the Commission shall, as soon as practicable after discovery of the noncompliant conditions, inform the Department of Energy, the covered State, and the following congressional committees:
The Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.
The Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate.
For fiscal year 2005, the Secretary shall, from amounts available for defense site acceleration completion, reimburse the Commission for all expenses, including salaries, that the Commission incurs as a result of performance under subsection (a) and this subsection for fiscal year 2005. The Department of Energy and the Commission may enter into an interagency agreement that specifies the method of reimbursement. Amounts received by the Commission for performance under subsection (a) and this subsection may be retained and used for salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, and shall remain available until expended.
For fiscal years after 2005, the Commission shall include in the budget justification materials submitted to Congress in support of the Commission budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) the amounts required, not offset by revenues, for performance under subsection (a) and this subsection.
Subsection (a) shall not apply to any material otherwise covered by that subsection that is transported from the covered State.
For purposes of this section, the following States are covered States:
The State of South Carolina.
The State of Idaho.
Nothing in this section shall impair, alter, or modify the full implementation of any Federal Facility Agreement and Consent Order or other applicable consent decree for a Department of Energy site.
Nothing in this section establishes any precedent or is binding on the State of Washington, the State of Oregon, or any other State not covered by subsection (d) for the management, storage, treatment, and disposition of radioactive and hazardous materials.
Nothing in this section amends the definition of 'transuranic waste' or regulations for repository disposal of transuranic waste pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102–579; 106 Stat. 4777) or part 191 of title 40, Code of Federal Regulations.
Nothing in this section shall be construed to affect in any way the obligations of the Department of Energy to comply with section 5664.
Nothing in this section amends the West Valley Demonstration Act (Public Law 96–368; 42 U.S.C. 2021a note).
Judicial review shall be available in accordance with chapter 7 of title 5, for the following:
Any determination made by the Secretary or any other agency action taken by the Secretary pursuant to this section.
Any failure of the Commission to carry out its responsibilities under subsection (b).
Funds appropriated by the Consolidated Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 3), or any other Act thereafter, may not be obligated to pay, on behalf of the United States or a contractor or subcontractor of the United States, to post a bond or fulfill any other financial responsibility requirement relating to closure or post-closure care and monitoring of Sandia National Laboratories and properties held or managed by Sandia National Laboratories prior to implementation of closure or post-closure monitoring. The State of New Mexico or any other entity may not enforce against the United States or a contractor or subcontractor of the United States, in this year or any other fiscal year, a requirement to post bond or any other financial responsibility requirement relating to closure or postclosure care and monitoring of Sandia National Laboratories in New Mexico and properties held or managed by Sandia National Laboratories in New Mexico.
The Secretary of Energy shall, every four years beginning in 2025, develop and subsequently carry out a plan for the activities of the Department of Energy relating to the deactivation and decommissioning of nonoperational defense nuclear facilities.
The plan required by subsection (a) shall include the following:
A list of nonoperational defense nuclear facilities, prioritized for deactivation and decommissioning based on the potential to reduce risks to human health, property, or the environment and to maximize cost savings.
An assessment of the life cycle costs of each nonoperational defense nuclear facility during the period beginning on the date on which the plan is submitted under subsection (d) and ending on the earlier of—
the date that is 25 years after the date on which the plan is submitted; or
the estimated date for deactivation and decommissioning of the facility.
An estimate of the cost and time needed to deactivate and decommission each nonoperational defense nuclear facility.
A schedule for when the Office of Environmental Management will accept each nonoperational defense nuclear facility for deactivation and decommissioning.
An estimate of costs that could be avoided by—
accelerating the cleanup of nonoperational defense nuclear facilities; or
other means, such as reusing such facilities for another purpose.
The Secretary shall, during 2025, develop and subsequently carry out a plan under which the Administrator shall transfer, by March 31, 2029, to the Assistant Secretary for Environmental Management the responsibility for decontaminating and decommissioning facilities of the Administration that the Secretary determines are nonoperational as of September 30, 2024.
Not later than March 31, 2025, and every four years thereafter, the Secretary shall submit to the appropriate congressional committees a report that includes—
the plan required by subsection (a);
a description of the deactivation and decommissioning actions expected to be taken during the following fiscal year pursuant to the plan;
in the case of the report submitted during 2025, the plan required by subsection (c); and
a description of the deactivation and decommissioning actions taken at each nonoperational defense nuclear facility during the period following the date on which the previous report required by this section was submitted.
The requirements of this section shall terminate after the submission to the appropriate congressional committees of the report required by subsection (d) to be submitted not later than March 31, 2033.
In this section:
The term appropriate congressional committees means—
the congressional defense committees; and
the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
The term life cycle costs, with respect to a facility, means—
the present and future costs of all resources and associated cost elements required to develop, produce, deploy, or sustain the facility; and
the present and future costs to deactivate, decommission, and deconstruct the facility.
The term nonoperational defense nuclear facility means a production facility or utilization facility (as those terms are defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)) under the control or jurisdiction of the Secretary of Energy and operated for national security purposes that is no longer needed for the mission of the Department of Energy, including the National Nuclear Security Administration.
Not later than February 3, 1991, the Secretary of Energy shall identify which single-shelled or double-shelled high-level nuclear waste tanks at the Hanford Nuclear Reservation, Richland, Washington, may have a serious potential for release of high-level waste due to uncontrolled increases in temperature or pressure. After completing such identification, the Secretary shall determine whether continuous monitoring is being carried out to detect a release or excessive temperature or pressure at each tank so identified. If such monitoring is not being carried out, as soon as practicable the Secretary shall install such monitoring, but only if a type of monitoring that does not itself increase the danger of a release can be installed.
Not later than March 5, 1991, the Secretary of Energy shall develop action plans to respond to excessive temperature or pressure or a release from any tank identified under subsection (a).
Beginning March 5, 1991, no additional high-level nuclear waste (except for small amounts removed and returned to a tank for analysis) may be added to a tank identified under subsection (a) unless the Secretary determines that no safer alternative than adding such waste to the tank currently exists or that the tank does not pose a serious potential for release of high-level nuclear waste.
The Secretary of Energy shall establish an office at the Hanford Reservation, Richland, Washington, to be known as the Office of River Protection (in this section referred to as the Office).
The Office shall be headed by a senior official of the Department of Energy, who shall report to the Assistant Secretary of Energy for Environmental Management.
The head of the Office shall be responsible for managing all aspects of the River Protection Project, Richland, Washington, including Hanford Tank Farm operations and the Waste Treatment Plant.
The Assistant Secretary of Energy for Environmental Management shall delegate in writing responsibility for the management of the River Protection Project, Richland, Washington, to the head of the Office.
Such delegation shall include, at a minimum, authorities for contracting, financial management, safety, and general program management that are equivalent to the authorities of managers of other operations offices of the Department of Energy.
The head of the Office shall, to the maximum extent possible, coordinate all activities of the Office with the manager of the Richland Operations Office of the Department of Energy.
The Secretary shall provide the head of the Office with the resources and personnel necessary to carry out the responsibilities specified in subsection (b)(2).
The Assistant Secretary of Energy for Environmental Management shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notification detailing any changes in the roles, responsibilities, and reporting relationships that involve the Office.
The Office shall terminate on September 30, 2024. The Office may be extended beyond that date if the Assistant Secretary of Energy for Environmental Management determines in writing that termination would disrupt effective management of the Hanford Tank Farm operations.
The tank waste remediation system environmental project, Richland, Washington, including all programs relating to the retrieval and treatment of tank waste at the site at Hanford, Washington, under the management of the Office of River Protection, shall be known and designated as the River Protection Project. Any reference to that project in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the River Protection Project.
If the Secretary of Energy (or a designee of the Secretary) is notified of an improper release into the air of radioactive or hazardous material above applicable statutory or regulatory limits that resulted from waste generated by atomic energy defense activities at the Hanford Nuclear Reservation, Richland, Washington, the Secretary (or designee of the Secretary) shall—
not later than two business days after being notified of the release, notify the congressional defense committees of the release; and
not later than seven business days after being notified of the release, provide the congressional defense committees a briefing on the status of the release, including—
the cause of the release, if known; and
preliminary plans to address and remediate the release, including associated costs and timelines.
The Secretary of Energy shall accelerate the schedule for the isolation of high-level nuclear waste in glass canisters at the Defense Waste Processing Facility at the Savannah River Site, South Carolina, if the Secretary determines that the acceleration of such schedule—
will achieve long-term cost savings to the Federal Government; and
could accelerate the removal and isolation of high-level nuclear waste from long-term storage tanks at the site.
The Secretary of Energy shall develop and implement a multi-year plan for the clean-up of nuclear waste at the Savannah River Site that results, or has resulted, from the following:
Nuclear weapons activities carried out at the site.
The processing, treating, packaging, and disposal of Department of Energy domestic and foreign spent nuclear fuel rods at the site.
The Secretary of Energy shall continue operations and maintain a high state of readiness at the H–canyon facility at the Savannah River Site, Aiken, South Carolina, and shall provide technical staff necessary to operate and so maintain such facility.
The Secretary of Energy may not allow an inspection of a national security laboratory or nuclear weapons production facility by the International Atomic Energy Agency until the Secretary certifies to Congress that no Restricted Data will be revealed during such inspection.
The Secretary of Energy and the Administrator may not admit to any facility described in paragraph (3) of subsection (c) other than areas accessible to the general public any individual who is a citizen or agent of a covered foreign nation or a nation on the current sensitive countries list unless the Secretary or Administrator first completes a background review with respect to that individual.
It is the sense of Congress that the Secretary of Energy, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence should ensure that background reviews carried out under this section are completed in not more than 15 days.
With respect to an individual who is a citizen or agent of a covered foreign nation, the Secretary and the Administrator may not, except as provided in paragraph (2), admit such individual to any areas not accessible to the general public within a facility described in paragraph (3).
The Secretary, acting through the Administrator, may waive the prohibition under paragraph (1) with respect to an individual who is a citizen or agent of a covered foreign nation if, not later than 30 days prior to admitting such individual to a facility described in such paragraph, the Secretary certifies to Congress that—
the admittance of such individual to the facility is in the national security interests of the United States;
no classified or restricted data will be revealed to such individual in connection with the admittance of such individual to the facility;
the Secretary or Administrator has consulted with the heads of other relevant departments or agencies of the United States Government to mitigate risks associated with the admittance of such individual; and
the background review completed to subsection (a) with respect to such individual did not uncover any previously unreported affiliation with military or intelligence organizations associated with a covered foreign nation.
A facility described in this paragraph is a facility, or any portion thereof, that directly supports the mission, functions, and operations of the Administration (as described in this chapter) and is located on—
a national security laboratory;
a nuclear weapons production facility; or
a site that directly supports the protection, development, sustainment, or disposal of technologies or materials related to the provision of nuclear propulsion for United States naval vessels.
The prohibition under paragraph (1) shall take effect on April 15, 2025.
Nothing in this section shall be construed to limit or otherwise affect the authority of the Secretary or the Administrator to—
admit to a facility described in paragraph (3) of subsection (c)—
a citizen or lawful permanent resident of the United States;
an individual involved in an International Atomic Energy Agency (IAEA) inspection (as defined in the Agreement between the United States and the IAEA for the Application of Safeguards in the U.S.); or
an individual involved in information exchanges in support of activities of the United States with respect to nonproliferation, counterproliferation, and counterterrorism, in accordance with international treaties or other legally-binding agreements or instruments to which the United States is a party; or
admit any individual to a facility, or any portion thereof, that is not directly associated with or directly funded to perform the mission, functions, and operations of the Administration (as described in this chapter).
For purposes of this section:
The term background review, commonly known as an indices check, means a review of information provided by the Director of National Intelligence and the Director of the Federal Bureau of Investigation regarding personal background, including information relating to any history of criminal activity or to any evidence of espionage.
The term covered foreign nation means—
the People's Republic of China;
the Russian Federation;
the Democratic People's Republic of Korea; and
the Islamic Republic of Iran.
The term sensitive countries list means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries.
The Secretary of Energy shall ensure that an investigation meeting the requirements of section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165) is made for each Department of Energy employee, or contractor employee, at a national security laboratory or nuclear weapons production facility who—
carries out duties or responsibilities in or around a location where Restricted Data is present; or
has or may have regular access to a location where Restricted Data is present.
The Secretary of Energy shall carry out, under regulations prescribed under this section, a new counterintelligence polygraph program for the Department of Energy. The purpose of the new program is to minimize the potential for release or disclosure of classified data, materials, or information.
The Secretary shall prescribe regulations for the new counterintelligence polygraph program required by subsection (a) in accordance with the provisions of subchapter II of chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act).
In prescribing regulations for the new program, the Secretary shall take into account the results of the Polygraph Review.
Not later than six months after obtaining the results of the Polygraph Review, the Secretary shall issue a notice of proposed rulemaking for the new program.
In the event of a counterintelligence investigation, the regulations prescribed under paragraph (1) may ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is—
a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and
an employee or contractor who requires access to classified information.
In this section, the term Polygraph Review means the review of the Committee to Review the Scientific Evidence on the Polygraph of the National Academy of Sciences.
The Secretary of Energy shall submit to the Committees on Armed Services of the Senate and House of Representatives a notification of each significant atomic energy defense intelligence loss. Any such notification shall be provided only after consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, as appropriate.
In this section, the term significant atomic energy defense intelligence loss means any national security or counterintelligence failure or compromise of classified information at a facility of the Department of Energy or operated by a contractor of the Department that the Secretary considers likely to cause significant harm or damage to the national security interests of the United States.
Notification of a significant atomic energy defense intelligence loss under subsection (a) shall be provided, in accordance with the procedures established pursuant to subsection (d), not later than 30 days after the date on which the Department of Energy determines that the loss has taken place.
The Secretary of Energy and the Committees on Armed Services of the Senate and House of Representatives shall each establish such procedures as may be necessary to protect from unauthorized disclosure classified information, information relating to intelligence sources and methods, and sensitive law enforcement information that is submitted to those committees pursuant to this section and that are otherwise necessary to carry out the provisions of this section.
Nothing in this section shall be construed as authority to withhold any information from the Committees on Armed Services of the Senate and House of Representatives on the grounds that providing the information to those committees would constitute the unauthorized disclosure of classified information, information relating to intelligence sources and methods, or sensitive law enforcement information.
Nothing in this section shall be construed to modify or supersede any other requirement to report information on intelligence activities to Congress, including the requirement under section 501 of the National Security Act of 1947 (50 U.S.C. 3091) for the President to ensure that the congressional intelligence committees are kept fully informed of the intelligence activities of the United States and for those committees to notify promptly other congressional committees of any matter relating to intelligence activities requiring the attention of those committees.
Not later than September 30 of each even-numbered year, the Administrator shall submit to the Secretary of Energy—
a report detailing the status of security at facilities holding Category I and II quantities of special nuclear material that are administered by the Administration; and
written certification that such facilities are secure and that the security measures at such facilities meet the security standards and requirements of the Administration and the Department of Energy.
If the Administrator is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Administrator shall submit to the Secretary with the matters required by paragraph (1) a corrective action plan for the facility describing—
the deficiency that resulted in the Administrator being unable to make the certification;
the actions to be taken to correct the deficiency; and
timelines for taking such actions.
Not later than December 1 of each even-numbered year, the Secretary shall submit to the congressional defense committees the unaltered report, certification, and any corrective action plans submitted by the Administrator under paragraphs (1) and (2) together with any comments of the Secretary.
Not later than December 1 of each even-numbered year, the Secretary shall submit to the congressional defense committees—
a report detailing the status of the security of atomic energy defense facilities holding Category I and II quantities of special nuclear material that are not administered by the Administration; and
written certification that such facilities are secure and that the security measures at such facilities meet the security standards and requirements of the Department of Energy.
If the Secretary is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Secretary shall submit to the congressional defense committees, together with the matters required by paragraph (1), a corrective action plan describing—
the deficiency that resulted in the Secretary being unable to make the certification;
the actions to be taken to correct the deficiency; and
timelines for taking such actions.
Notwithstanding any provision of title 18, the Secretary of Energy may take such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Energy, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.
The actions described in this paragraph are the following:
Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft.
Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means.
Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.
Seize or exercise control of the unmanned aircraft system or unmanned aircraft.
Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.
Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.
The Secretary of Energy shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation.
Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary of Energy is subject to forfeiture to the United States.
The Secretary of Energy and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section.
In this section:
The term covered facility or asset means any facility or asset that is—
identified by the Secretary of Energy for purposes of this section;
located in the United States (including the territories and possessions of the United States); and
owned by the United States or contracted to the United States, to store or use special nuclear material.
The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note).
The Administrator shall establish procedures that require each contractor and subcontractor to report to the Chief Information Officer when a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) is successfully penetrated.
The Administrator shall, in consultation with the officials specified in paragraph (2), establish criteria for covered networks to be subject to the procedures for reporting penetrations under subsection (a).
The officials specified in this paragraph are the following officials of the Administration:
The Deputy Administrator for Defense Programs.
The Associate Administrator for Acquisition and Project Management.
The Chief Information Officer.
Any other official of the Administration the Administrator considers necessary.
The procedures established pursuant to subsection (a) shall require each contractor or subcontractor to submit to the Chief Information Officer a report on each successful penetration of a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) not later than 60 days after the discovery of the successful penetration.
Subject to subparagraph (C), each report required by subparagraph (A) with respect to a successful penetration of a covered network of a contractor or subcontractor shall include the following:
A description of the technique or method used in such penetration.
A sample of the malicious software, if discovered and isolated by the contractor or subcontractor, involved in such penetration.
A summary of information created by or for the Administration in connection with any program of the Administration that has been potentially compromised as a result of such penetration.
If a contractor or subcontractor is not able to obtain all of the information required by subparagraph (B) to be included in a report required by subparagraph (A) by the date that is 60 days after the discovery of a successful penetration of a covered network of the contractor or subcontractor, the contractor or subcontractor shall—
include in the report all information available as of that date; and
provide to the Chief Information Officer the additional information required by subparagraph (B) as the information becomes available.
Concurrent with the establishment of the procedures pursuant to subsection (a), the Administrator shall establish procedures to be used if information owned by the Administration was in use during or at risk as a result of the successful penetration of a covered network—
in order to—
in the case of a penetration of a covered network of a management and operating contractor, enhance the access of personnel of the Administration to Government-owned equipment and information; and
in the case of a penetration of a covered network of a contractor or subcontractor that is not a management and operating contractor, facilitate the access of personnel of the Administration to the equipment and information of the contractor or subcontractor; and
which shall—
include mechanisms for personnel of the Administration to, upon request, obtain access to equipment or information of a contractor or subcontractor necessary to conduct forensic analysis in addition to any analysis conducted by the contractor or subcontractor;
provide that a contractor or subcontractor is only required to provide access to equipment or information as described in clause (i) to determine whether information created by or for the Administration in connection with any program of the Administration was successfully exfiltrated from a network of the contractor or subcontractor and, if so, what information was exfiltrated; and
provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person.
The procedures established pursuant to subsection (a) shall allow for limiting the dissemination of information obtained or derived through such procedures so that such information may be disseminated only to entities—
with missions that may be affected by such information;
that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
that conduct counterintelligence or law enforcement investigations; or
for national security purposes, including cyber situational awareness and defense purposes.
In this section:
The term Chief Information Officer means the Associate Administrator for Information Management and Chief Information Officer of the Administration.
The term contractor means a private entity that has entered into a contract or contractual action of any kind with the Administration to furnish supplies, equipment, materials, or services of any kind.
The term covered network includes any network or information system that accesses, receives, or stores—
classified information; or
sensitive unclassified information germane to any program of the Administration, as determined by the Administrator.
The term subcontractor means a private entity that has entered into a contract or contractual action with a contractor or another subcontractor to furnish supplies, equipment, materials, or services of any kind in connection with another contract in support of any program of the Administration.
The Secretary of Energy shall ensure that, before a document of the Department of Energy that contains national security information is released or declassified, such document is reviewed to determine whether it contains Restricted Data.
The Secretary may not implement the automatic declassification provisions of Executive Order No. 13526 (50 U.S.C. 3161 note) if the Secretary determines that such implementation could result in the automatic declassification and release of documents containing Restricted Data.
The Secretary of Energy and the Archivist of the United States shall, after consultation with the members of the National Security Council and in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, develop a plan to prevent the inadvertent release of records containing Restricted Data or Formerly Restricted Data during the automatic declassification of records under Executive Order No. 13526 (50 U.S.C. 3161 note).
The plan under subsection (a) shall include the following:
The actions to be taken in order to ensure that records subject to Executive Order No. 13526 are reviewed on a page-by-page basis for Restricted Data and Formerly Restricted Data unless they have been determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
The criteria and process by which documents are determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
The actions to be taken in order to ensure proper training, supervision, and evaluation of personnel engaged in declassification under that Executive order so that such personnel recognize Restricted Data and Formerly Restricted Data.
The extent to which automated declassification technologies will be used under that Executive order to protect Restricted Data and Formerly Restricted Data from inadvertent release.
Procedures for periodic review and evaluation by the Secretary of Energy, in consultation with the Director of the Information Security Oversight Office of the National Archives and Records Administration, of compliance by Federal agencies with the plan.
Procedures for resolving disagreements among Federal agencies regarding declassification procedures and decisions under the plan.
The funding, personnel, and other resources required to carry out the plan.
A timetable for implementation of the plan.
Effective on October 17, 1998, and except as provided in paragraph (3), a record referred to in subsection (a) may not be declassified unless the agency having custody of the record reviews the record on a page-by-page basis to ensure that the record does not contain Restricted Data or Formerly Restricted Data.
Any record determined as a result of a review under paragraph (1) to contain Restricted Data or Formerly Restricted Data may not be declassified until the Secretary of Energy, in conjunction with the head of the agency having custody of the record, determines that the document is suitable for declassification.
After the date occurring 60 days after the submission of the plan required by subsection (a) to the committees referred to in paragraphs (1) and (2) of subsection (d), the requirement under paragraph (1) to review a record on a page-by-page basis shall not apply in the case of a record determined, under the actions specified in the plan pursuant to subsection (b)(1), to be a record that is highly unlikely to contain Restricted Data or Formerly Restricted Data.
The Secretary of Energy shall submit the plan required under subsection (a) to the following:
The Committee on Armed Services of the Senate.
The Committee on Armed Services of the House of Representatives.
The Assistant to the President for National Security Affairs.
The Secretary of Energy shall submit to the committees and Assistant to the President specified in subsection (d) a report on inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 12958 that occurred before October 17, 1998.
The Secretary of Energy shall, in each even-numbered year beginning in 2010, submit to the committees and Assistant to the President specified in subsection (d) a report identifying any inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 13526 discovered in the two-year period preceding the submittal of the report.
The Secretary of Energy and the Archivist of the United States shall, after consultation with the members of the National Security Council and in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, develop a supplement to the plan required under subsection (a) of section 5742.
The supplement shall provide for the application of that plan (including in particular the element of the plan required by section 5742(b)(1)) to all records subject to Executive Order No. 12958 that were determined before October 17, 1998, to be suitable for declassification.
All records referred to in subsection (b) shall be treated, for purposes of subsection (c) of section 5742, in the same manner as records referred to in subsection (a) of such section.
The Secretary of Energy shall submit the supplement required under subsection (a) to the recipients of the plan referred to in subsection (d) of section 5742.
The Secretary of Energy shall ensure that all Department of Energy employees and Department of Energy contractor employees participating in laboratory-to-laboratory cooperative exchange activities are fully trained in matters relating to the protection of classified information and to potential espionage and counterintelligence threats.
The Secretary shall establish a pool of Department employees and Department contractor employees who are specially trained to counter threats of espionage and intelligence-gathering by foreign nationals against Department employees and Department contractor employees who travel abroad for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.
The Director of Intelligence and Counterintelligence of the Department of Energy may assign at least one employee from the pool established under paragraph (1) to accompany a group of Department employees or Department contractor employees who travel to any nation designated to be a sensitive country for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.
The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) specific identification, as a budgetary line item, of the amounts required to carry out programmed activities during that fiscal year to declassify records pursuant to Executive Order No. 13526 (50 U.S.C. 3161 note), or any successor Executive order, or to comply with any statutory requirement to declassify Government records.
No records of the Department of Energy that have not as of October 5, 1999, been reviewed for declassification shall be subject to automatic declassification unless the Secretary of Energy certifies to Congress that such declassification would not harm the national security.
Notwithstanding any provision of title 5 governing appointments in the competitive service and General Schedule classification and pay rates, the Secretary of Energy may—
establish and set the rates of pay for not more than 200 positions in the Department of Energy for scientific, engineering, and technical personnel whose duties will relate to safety at defense nuclear facilities of the Department; and
appoint persons to such positions.
The rate of pay for a position established under paragraph (1) may not exceed the rate of pay payable for level III of the Executive Schedule under section 5314 of title 5.
To the maximum extent practicable, the Secretary shall appoint persons under paragraph (1)(B) to the positions established under paragraph (1)(A) in accordance with the merit system principles set forth in section 2301 of such title.
The Secretary shall enter into an agreement with the Director of the Office of Personnel Management under which agreement the Director shall periodically evaluate the use of the authority set forth in subsection (a)(1). The Secretary shall reimburse the Director for evaluations conducted by the Director pursuant to the agreement. Any such reimbursement shall be credited to the revolving fund referred to in section 1304(e) of title 5.
If the Director determines as a result of such evaluation that the Secretary of Energy is not appointing persons to positions under such authority in a manner consistent with the merit system principles set forth in section 2301 of title 5 or is setting rates of pay at levels that are not appropriate for the qualifications and experience of the persons appointed and the duties of the positions involved, the Director shall notify the Secretary and Congress of that determination.
Upon receipt of a notification under paragraph (2), the Secretary shall—
take appropriate actions to appoint persons to positions under such authority in a manner consistent with such principles or to set rates of pay at levels that are appropriate for the qualifications and experience of the persons appointed and the duties of the positions involved; or
cease appointment of persons under such authority.
The authority provided under subsection (a)(1) shall terminate on September 30, 2026.
An employee may not be separated from employment with the Department of Energy or receive a reduction in pay by reason of the termination of authority under paragraph (1).
The Secretary of Energy shall establish a program to ensure that covered individuals may not be discharged, demoted, or otherwise discriminated against as a reprisal for making protected disclosures.
For purposes of this section, a covered individual is an individual who is an employee of the Department of Energy, or of a contractor of the Department, who is engaged in the defense activities of the Department.
For purposes of this section, a protected disclosure is a disclosure—
made by a covered individual who takes appropriate steps to protect the security of the information in accordance with guidance provided under this section;
made to a person or entity specified in subsection (d); and
of classified or other information that the covered individual reasonably believes to provide direct and specific evidence of any of the following:
A violation of law or Federal regulation.
Gross mismanagement, a gross waste of funds, or abuse of authority.
A false statement to Congress on an issue of material fact.
A person or entity specified in this subsection is any of the following:
A member of a committee of Congress having primary responsibility for oversight of the department, agency, or element of the Government to which the disclosed information relates.
An employee of Congress who is a staff member of such a committee and has an appropriate security clearance for access to information of the type disclosed.
The Inspector General of the Department of Energy.
The Federal Bureau of Investigation.
Any other element of the Government designated by the Secretary as authorized to receive information of the type disclosed.
A member of, or an employee of Congress who is a staff member of, a committee of Congress specified in subsection (d) who receives a protected disclosure under this section does so in that member or employee's official capacity as such a member or employee.
The Secretary, acting through the Inspector General of the Department of Energy, shall provide assistance and guidance to each covered individual who seeks to make a protected disclosure under this section. Such assistance and guidance shall include the following:
Identifying the persons or entities under subsection (d) to which that disclosure may be made.
Advising that individual regarding the steps to be taken to protect the security of the information to be disclosed.
Taking appropriate actions to protect the identity of that individual throughout that disclosure.
Taking appropriate actions to coordinate that disclosure with any other Federal agency or agencies that originated the information.
The Secretary shall prescribe regulations to ensure the security of any information disclosed under this section.
The Secretary shall notify each covered individual of the following:
The rights of that individual under this section.
The assistance and guidance provided under this section.
That the individual has a responsibility to obtain that assistance and guidance before seeking to make a protected disclosure.
If a covered individual believes that that individual has been discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure under this section, the individual may submit a complaint relating to such matter to the Director of the Office of Hearings and Appeals of the Department of Energy.
For each complaint submitted under subsection (i), the Director of the Office of Hearings and Appeals shall—
determine whether or not the complaint is frivolous; and
if the Director determines the complaint is not frivolous, conduct an investigation of the complaint.
The Director shall submit a report on each investigation undertaken under paragraph (1)(B) to—
the individual who submitted the complaint on which the investigation is based;
the contractor concerned, if any; and
the Secretary of Energy.
Whenever the Secretary determines that a covered individual has been discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure under this section, the Secretary shall—
in the case of a Department employee, take appropriate actions to abate the action; or
in the case of a contractor employee, order the contractor concerned to take appropriate actions to abate the action.
If a contractor fails to comply with an order issued under paragraph (1)(B), the Secretary may file an action for enforcement of the order in the appropriate United States district court.
In any action brought under subparagraph (A), the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.
The protections provided by this section are independent of, and not subject to any limitations that may be provided in, the Whistleblower Protection Act of 1989 (Public Law 101–12; 103 Stat. 16) or any other law that may provide protection for disclosures of information by employees of the Department of Energy or of a contractor of the Department.
Not later than 30 days after the commencement of each fiscal year, the Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the investigations undertaken under subsection (j)(1)(B) during the preceding fiscal year, including a summary of the results of each such investigation.
A report under paragraph (1) may not identify or otherwise provide any information about an individual submitting a complaint under this section without the consent of the individual.
Upon determination that a change in the workforce at a defense nuclear facility is necessary, the Secretary of Energy shall develop a plan for restructuring the workforce for the defense nuclear facility that takes into account—
the reconfiguration of the defense nuclear facility; and
the plan for the nuclear weapons stockpile that is the most recently prepared plan at the time of the development of the plan referred to in this subsection.
In developing a plan referred to in subsection (a), the Secretary shall consult with the Secretary of Labor, appropriate representatives of local and national collective-bargaining units of individuals employed at Department of Energy defense nuclear facilities, appropriate representatives of departments and agencies of State and local governments, appropriate representatives of State and local institutions of higher education, and appropriate representatives of community groups in communities affected by the restructuring plan.
The Secretary shall determine appropriate representatives of the units, governments, institutions, and groups referred to in paragraph (1).
In preparing the plan required under subsection (a), the Secretary shall be guided by the following objectives:
Changes in the workforce at a Department of Energy defense nuclear facility—
should be accomplished so as to minimize social and economic impacts;
should be made only after the provision of notice of such changes not later than 120 days before the commencement of such changes to such employees and the communities in which such facilities are located; and
should be accomplished, when possible, through the use of retraining, early retirement, attrition, and other options that minimize layoffs.
Employees whose employment in positions at such facilities is terminated shall, to the extent practicable, receive preference in any hiring of the Department of Energy (consistent with applicable employment seniority plans or practices of the Department of Energy and with section 3152 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1682)).
Employees shall, to the extent practicable, be retrained for work in environmental restoration and waste management activities at such facilities or other facilities of the Department of Energy.
The Department of Energy should provide relocation assistance to employees who are transferred to other Department of Energy facilities as a result of the plan.
The Department of Energy should assist terminated employees in obtaining appropriate retraining, education, and reemployment assistance (including employment placement assistance).
The Department of Energy should provide local impact assistance to communities that are affected by the restructuring plan and coordinate the provision of such assistance with—
programs carried out by the Secretary of Labor under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.);
programs carried out pursuant to the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 (division D of Public Law 101–510; 10 U.S.C. 2391 note); and
programs carried out by the Department of Commerce pursuant to title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.).
The Secretary shall, subject to the availability of appropriations for such purpose, work on an ongoing basis with representatives of the Department of Labor, workforce bargaining units, and States and local communities in carrying out a plan required under subsection (a).
The Secretary shall submit to Congress a plan referred to in subsection (a) with respect to a defense nuclear facility within 90 days after the date on which a notice of changes described in subsection (c)(1)(B) is provided to employees of the facility, or 90 days after the date of the enactment of this Act, whichever is later.
In addition to the plans submitted under paragraph (1), the Secretary shall submit to Congress every six months a report setting forth a description of, and the amount or value of, all local impact assistance provided during the preceding six months under subsection (c)(6).
In this section, the term Department of Energy defense nuclear facility means—
a production facility or utilization facility (as those terms are defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)) that is under the control or jurisdiction of the Secretary and that is operated for national security purposes (including the tritium loading facility at Savannah River, South Carolina, and the 236 H facility at Savannah River, South Carolina), but the term does not include any facility that does not conduct atomic energy defense activities and does not include any facility or activity covered by Executive Order Number 12344, dated February 1, 1982, pertaining to the naval nuclear propulsion program;
a nuclear waste storage or disposal facility that is under the control or jurisdiction of the Secretary;
a testing and assembly facility that is under the control or jurisdiction of the Secretary and that is operated for national security purposes (including the Nevada National Security Site, Nevada, and the Pantex facility, Texas);
an atomic weapons research facility that is under the control or jurisdiction of the Secretary (including Lawrence Livermore, Los Alamos, and Sandia National Laboratories); or
any facility described in paragraphs (1) through (4) that—
is no longer in operation;
was under the control or jurisdiction of the Department of Defense, the Atomic Energy Commission, or the Energy Research and Development Administration; and
was operated for national security purposes.
The Secretary of Energy may present a certificate of commendation to any current or former employee of the Department of Energy, and any current or former employee of a Department contractor, whose service to the Department in matters relating to stockpile stewardship and security assisted the Department in furthering the national security interests of the United States.
The certificate of commendation presented to a current or former employee under subsection (a) shall include an appropriate citation of the service of the current or former employee described in that subsection, including a citation for dedication, intellect, and sacrifice in furthering the national security interests of the United States by maintaining a strong, safe, and viable United States nuclear deterrent during the cold war or thereafter.
For purposes of this section, the term Department of Energy includes any predecessor agency of the Department of Energy.
The Secretary of Energy shall establish and implement a management training program for personnel of the Department of Energy involved in the management of atomic energy defense activities.
The training program shall at a minimum include instruction in the following areas:
Department of Energy policy and procedures for management and operation of atomic energy defense facilities.
Methods of evaluating technical performance.
Federal and State environmental laws and requirements for compliance with such environmental laws, including timely compliance with reporting requirements in such laws.
The establishment of program milestones and methods to evaluate success in meeting such milestones.
Methods for conducting long-range technical and budget planning.
Procedures for reviewing and applying innovative technology to defense environmental cleanup.
As part of the stockpile stewardship program established pursuant to section 5621, the Secretary of Energy shall conduct a stockpile stewardship recruitment and training program at the national security laboratories.
The recruitment and training program shall be conducted in coordination with the Chairman of the Joint Nuclear Weapons Council established by section 179 and the directors of the laboratories referred to in paragraph (1).
As part of the recruitment and training program, the directors of the national security laboratories may employ undergraduate students, graduate students, and postdoctoral fellows to carry out research sponsored by such laboratories for military or nonmilitary dual-use programs related to nuclear weapons stockpile stewardship.
As part of the training and recruitment program, the Secretary, in coordination with the directors of the national security laboratories, shall establish for the laboratories a retiree corps of retired scientists who have expertise in research and development of nuclear weapons. The directors may employ the retired scientists on a part-time basis to provide appropriate assistance on nuclear weapons issues, to contribute relevant information to be archived, and to help to provide training to other scientists.
The Secretary of Energy shall conduct a fellowship program for the development of skills critical to the ongoing mission of the nuclear security enterprise. Under the fellowship program, the Secretary shall provide educational assistance and research assistance to eligible individuals to facilitate the development by such individuals of skills critical to maintaining the ongoing mission of the nuclear security enterprise.
Individuals eligible for participation in the fellowship program are United States citizens who are either of the following:
Students pursuing graduate degrees in fields of science or engineering that are related to nuclear weapons engineering or to the science and technology base of the Department of Energy.
Individuals engaged in postdoctoral studies in such fields.
The Secretary shall carry out the fellowship program at or in connection with the national security laboratories and nuclear weapons production facilities.
The Secretary shall carry out the fellowship program at a facility referred to in subsection (c) through the stockpile manager of the facility.
The Secretary shall, in consultation with the Assistant Secretary of Energy for Defense Programs, allocate funds available for the fellowship program under subsection (f) among the facilities referred to in subsection (c). The Secretary shall make the allocation after evaluating an assessment by the weapons program director of each such facility of the personnel and critical skills necessary at the facility for carrying out the ongoing mission of the facility.
The Secretary may allow an individual to participate in the program only if the individual signs an agreement described in paragraph (2).
An agreement referred to in paragraph (1) shall be in writing, shall be signed by the participant, and shall include the participant's agreement to serve, after completion of the course of study for which the assistance was provided, as a full-time employee in a position in the nuclear security enterprise for a period of time to be established by the Secretary of Energy of not less than one year, if such a position is offered to the participant.
The Secretary of Energy is authorized to award grants to organizations referred to in paragraph (2) in order for such organizations—
to provide training and education to persons who are or may be engaged in hazardous substance response or emergency response at Department of Energy nuclear weapons facilities; and
to develop curricula for such training and education.
Subject to subparagraph (B), the Secretary is authorized to award grants under paragraph (1) to non-profit organizations that have demonstrated (as determined by the Secretary) capabilities in-
implementing and conducting effective training and education programs relating to the general health and safety of workers; and
identifying, and involving in training, groups of workers whose duties include hazardous substance response or emergency response.
The Secretary shall give preference in the award of grants under this section to employee organizations and joint labor-management training programs that are grant recipients under section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a).
An organization awarded a grant under paragraph (1) shall carry out training, education, or curricula development pursuant to Department of Energy orders relating to employee safety training, including orders numbered 5480.4 and 5480.11.
Subject to paragraph (2), the Secretary shall assess civil penalties against any contractor of the Department of Energy who (as determined by the Secretary)—
employs individuals who are engaged in hazardous substance response or emergency response at Department of Energy nuclear weapons facilities; and
fails (i) to provide for the training of such individuals to carry out such hazardous substance response or emergency response, or (ii) to certify to the Department of Energy that such employees are adequately trained for such response pursuant to orders issued by the Department of Energy relating to employee safety training (including orders numbered 5480.4 and 5480.11).
Civil penalties assessed under this subsection may not exceed $5,000 for each day in which a failure referred to in paragraph (1)(B) occurs.
The Secretary shall prescribe regulations to carry out this section.
For the purposes of this section, the term hazardous substance includes radioactive waste and mixed radioactive and hazardous waste.
The Secretary of Energy shall take appropriate actions to ensure that—
officials of the Department of Energy who are responsible for independent oversight of matters relating to nuclear safety at defense nuclear facilities and enforcement of nuclear safety standards at such facilities maintain independence from officials who are engaged in, or who are advising persons who are engaged in, management of such facilities;
the independent, internal oversight functions carried out by the Department include activities relating to—
the assessment of the safety of defense nuclear facilities;
the assessment of the effectiveness of Department program offices in carrying out programs relating to the environment, safety, health, and security at defense nuclear facilities;
the provision to the Secretary of oversight reports that—
contain validated technical information; and
provide a clear analysis of the extent to which line programs governing defense nuclear facilities meet applicable goals for the environment, safety, health, and security at such facilities; and
the development of clear performance standards to be used in assessing the adequacy of the programs referred to in subparagraph (C)(ii);
the Department has a system for bringing issues relating to nuclear safety at defense nuclear facilities to the attention of the officials of the Department (including the Secretary of Energy) who have authority to resolve such issues in an adequate and timely manner; and
an adequate number of qualified personnel of the Department are assigned to oversee matters relating to nuclear safety at defense nuclear facilities and enforce nuclear safety standards at such facilities.
The Secretary of Energy shall establish and carry out a program for the identification and on-going medical evaluation of current and former Department of Energy employees who are subject to significant health risks as a result of the exposure of such employees to hazardous or radioactive substances during such employment.
The Secretary shall, with the concurrence of the Secretary of Health and Human Services, issue regulations under which the Secretary shall implement the program. Such regulations shall, to the extent practicable, provide for a process to—
identify the hazardous substances and radioactive substances to which current and former Department of Energy employees may have been exposed as a result of such employment;
identify employees referred to in subparagraph (A) who received a level of exposure identified under paragraph (2)(B);
determine the appropriate number, scope, and frequency of medical evaluations and laboratory tests to be provided to employees who have received a level of exposure identified under paragraph (2)(B) to permit the Secretary to evaluate fully the extent, nature, and medical consequences of such exposure;
make available the evaluations and tests referred to in subparagraph (C) to the employees referred to in such subparagraph;
ensure that privacy is maintained with respect to medical information that personally identifies any such employee; and
ensure that employee participation in the program is voluntary.
In determining the most appropriate means of carrying out the activities referred to in subparagraphs (A) through (D) of paragraph (1), the Secretary shall consult with the Secretary of Health and Human Services under the agreement referred to in subsection (c).
The Secretary of Health and Human Services, with the assistance of the Director of the Centers for Disease Control and Prevention and the Director of the National Institute for Occupational Safety and Health, and the Secretary of Labor shall identify the levels of exposure to the substances referred to in subparagraph (A) of paragraph (1) that present employees referred to in such subparagraph with significant health risks under Federal and State occupational, health, and safety standards.
In prescribing the guidelines referred to in paragraph (1), the Secretary shall consult with representatives of the following entities:
The American College of Occupational and Environmental Medicine.
The National Academy of Sciences.
The National Council on Radiation Protection and Measurements.
Any labor organization or other collective bargaining agent authorized to act on the behalf of employees of a Department of Energy defense nuclear facility.
The Secretary shall provide for each employee identified under paragraph (1)(B) and provided with any medical examination or test under paragraph (1) to be notified by the appropriate medical personnel of the identification and the results of any such examination or test. Each notification under this paragraph shall be provided in a form that is readily understandable by the employee.
The Secretary shall collect and assemble information relating to the examinations and tests carried out under paragraph (1).
The Secretary shall commence carrying out the program described in this subsection not later than October 23, 1993.
Not later than April 23, 1993, the Secretary shall enter into an agreement with the Secretary of Health and Human Services relating to the establishment and conduct of the program required and regulations issued under this section.
In this section:
The term Department of Energy defense nuclear facility has the meaning given that term in section 5753(f).
The term Department of Energy employee means any employee of the Department of Energy employed at a Department of Energy defense nuclear facility, including any employee of a contractor or subcontractor of the Department of Energy employed at such a facility.
Of the funds authorized to be appropriated to the Department of Energy under title XXXI of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510), the Secretary of Energy shall make available $3,000,000 to the State of Washington, $1,000,000 to the State of Oregon, and $1,000,000 to the State of Idaho. Such funds shall be used to develop and implement programs for the benefit of persons who may have been exposed to radiation released from the Department of Energy Hanford Nuclear Reservation (Richland, Washington) between the years 1944 and 1972.
The programs to be developed by the States may include only the following activities:
Preparing and distributing information on the health effects of radiation to health care professionals, and to persons who may have been exposed to radiation.
Developing and implementing mechanisms for referring persons who may have been exposed to radiation to health care professionals with expertise in the health effects of radiation.
Evaluating and, if feasible, implementing, registration and monitoring of persons who may have been exposed to radiation released from the Hanford Nuclear Reservation.
The States of Washington, Oregon, and Idaho shall jointly develop a single plan for implementing this section.
Not later than May 5, 1991, such States shall submit to the Secretary of Energy and Congress a copy of the plan developed under paragraph (1).
Not later than May 5, 1992, such States shall submit to the Secretary of Energy and Congress a single report on the implementation of the plan developed under paragraph (1).
In developing and implementing the plan, such States shall consult with persons carrying out current radiation dose and epidemiological research programs (including the Hanford Thyroid Disease Study of the Centers for Disease Control and Prevention and the Hanford Environmental Dose Reconstruction Project of the Department of Energy), and may not cause substantial damage to such research programs.
Except as provided in paragraph (2), a person may not disclose to the public the following:
Any information obtained through a program that identifies a person who may have been exposed to radiation released from the Hanford Nuclear Reservation.
Any information obtained through a program that identifies a person participating in any of the programs developed under this section.
The name, address, and telephone number of a person requesting information referred to in subsection (b)(1).
The name, address, and telephone number of a person who has been referred to a health care professional under subsection (b)(2).
The name, address, and telephone number of a person who has been registered and monitored pursuant to subsection (b)(3).
Information that identifies the person from whom information referred to in this paragraph was obtained under a program or any other third party involved with, or identified by, any such information so obtained.
Any other personal or medical information that identifies a person or party referred to in subparagraphs (A) through (F).
Such other information or categories of information as the chief officers of the health departments of the States of Washington, Oregon, and Idaho jointly designate as information covered by this subsection.
Information referred to in paragraph (1) may be disclosed to the public if the person identified by the information, or the legal representative of that person, has consented in writing to the disclosure.
The States of Washington, Oregon, and Idaho shall establish uniform procedures for carrying out this subsection, including procedures governing the following:
The disclosure of information under paragraph (2).
The use of the Hanford Health Information Network database.
The future disposition of the database.
Enforcement of the prohibition provided in paragraph (1) on the disclosure of information described in that paragraph.
The Administrator and the Secretary of Energy shall ensure that the methods for assessing, certifying, and overseeing nuclear safety at the facilities specified in subsection (c) use national and international standards and nuclear industry best practices, including probabilistic or quantitative risk assessment if sufficient data exist.
The use of probabilistic or quantitative risk assessment under subsection (a) shall be to support, rather than replace, the requirement under section 182 of the Atomic Energy Act of 1954 (42 U.S.C. 2232) that the utilization or production of special nuclear material will be in accordance with the common defense and security and will provide adequate protection to the health and safety of the public.
Subsection (a) shall apply—
to the Administrator with respect to the national security laboratories and the nuclear weapons production facilities; and
to the Secretary of Energy with respect to defense nuclear facilities of the Office of Environmental Management of the Department of Energy.
The Secretary of Energy or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of a nuclear criticality incident resulting from a covered program that results in an injury or fatality or results in the shutdown, or partial shutdown, of a covered facility by not later than 15 days after the date of such incident.
Each notification submitted under subsection (a) shall include the following:
A description of the incident, including the cause of the incident.
In the case of a criticality incident, whether the incident caused a facility, or part of a facility, to be shut down.
The effect, if any, on the mission of the Administration or the Office of Environmental Management of the Department of Energy.
Any corrective action taken in response to the incident.
The Secretary shall maintain a record of incidents described in paragraph (2).
An incident described in this paragraph is any of the following incidents resulting from a covered program:
A nuclear criticality incident that results in an injury or fatality or results in the shutdown, or partial shutdown, of a covered facility.
A non-nuclear incident that results in serious bodily injury or fatality at a covered facility.
In carrying out this section, the Secretary and the Administrator shall ensure that each management and operating contractor of a covered facility cooperates in a timely manner.
In this section:
The term appropriate congressional committees means—
the congressional defense committees; and
the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
The term covered facility means—
a facility of the nuclear security enterprise; and
a facility conducting activities for the defense environmental cleanup program of the Office of Environmental Management of the Department of Energy.
The term covered program means—
programs of the Administration; and
defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy.
In this part:
The term DOE national security authorization means an authorization of appropriations for activities of the Department of Energy in carrying out programs necessary for national security.
Except as provided by subparagraph (B), the term minor construction threshold means $30,000,000.
The Administrator may calculate the amount specified in subparagraph (A) based on fiscal year 2022 constant dollars if the Administrator-
submits to the congressional defense committees a report on the method used by the Administrator to calculate the adjustment;
a period of 30 days elapses following the date of such submission; and
publishes the adjusted amount in the Federal Register.
Except as provided in subsection (b) and in sections 5791 and 5792 of this title, the Secretary of Energy may not use amounts appropriated pursuant to a DOE national security authorization for a program—
in amounts that exceed, in a fiscal year—
115 percent of the amount authorized for that program by that authorization for that fiscal year; or
$5,000,000 more than the amount authorized for that program by that authorization for that fiscal year; or
which has not been presented to, or requested of, Congress.
An action described in subsection (a) may be taken if—
the Secretary submits to the congressional defense committees a report referred to in subsection (c) with respect to such action; and
a period of 30 days has elapsed after the date on which such committees receive the report.
The report referred to in this subsection is a report containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of the proposed action.
In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.
In no event may the total amount of funds obligated pursuant to a DOE national security authorization for a fiscal year exceed the total amount authorized to be appropriated by that authorization for that fiscal year.
Funds appropriated pursuant to a DOE national security authorization may not be used for an item for which Congress has specifically denied funds.
Using operation and maintenance funds or facilities and infrastructure funds authorized by a DOE national security authorization, the Secretary of Energy may carry out minor construction projects.
The Secretary shall submit to the congressional defense committees on an annual basis a report on each exercise of the authority in subsection (a) during the preceding fiscal year. Each report shall provide a brief description of each minor construction project covered by the report. The report shall include with respect to each project the following:
The estimated original total project cost and the estimated original date of completion.
The percentage of the project that is complete.
The current estimated total project cost and estimated date of completion.
If, at any time during the construction of any minor construction project authorized by a DOE national security authorization, the estimated cost of the project is revised and the revised cost of the project exceeds the minor construction threshold, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the cost variation.
Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until—
the Secretary notifies the congressional defense committees of such project and total estimated cost; and
a period of 15 days has elapsed after the date on which such notification is received.
In this section, the term minor construction project means any plant project not specifically authorized by law for which the approved total estimated cost does not exceed the minor construction threshold.
Plant or construction projects for which amounts are made available under this and subsequent appropriation Acts with a current estimated cost of less than $10,000,000 are considered for purposes of section 5783 as a plant project for which the approved total estimated cost does not exceed the minor construction threshold and for purposes of section 5785 as a construction project with a current estimated cost of less than a minor construction threshold.
Except as provided in subsection (b), construction on a construction project which is in support of national security programs of the Department of Energy and was authorized by a DOE national security authorization may not be started, and additional obligations in connection with the project above the total estimated cost may not be incurred, whenever the current estimated cost of the construction project exceeds by more than 25 percent the higher of—
the amount authorized for the project; or
the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress.
An action described in subsection (a) may be taken if—
the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the circumstances making such action necessary; and
a period of 30 days has elapsed after the date on which the report is received by the committees.
In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.
Subsection (a) does not apply to a construction project with a current estimated cost of less than the minor construction threshold.
The Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to other Federal agencies for the performance of work for which the funds were authorized. Funds so transferred may be merged with and be available for the same purposes and for the same time period as the authorizations of the Federal agency to which the amounts are transferred.
Subject to paragraph (2), the Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to any other DOE national security authorization. Amounts of authorizations so transferred may be merged with and be available for the same purposes and for the same period as the authorization to which the amounts are transferred.
Not more than 5 percent of any such authorization may be transferred to another authorization under paragraph (1). No such authorization may be increased or decreased by more than 5 percent by a transfer under such paragraph.
The authority provided by this subsection to transfer authorizations—
may be used only to provide funds for items relating to activities necessary for national security programs that have a higher priority than the items from which the funds are transferred; and
may not be used to provide funds for an item for which Congress has specifically denied funds.
The Secretary of Energy shall promptly notify the congressional defense committees of any transfer of funds to or from any DOE national security authorization.
Subject to paragraph (2) and except as provided in paragraph (3), before submitting to Congress a request for funds for a construction project that is in support of a national security program of the Department of Energy, the Secretary of Energy shall complete a conceptual design for that project.
If the estimated cost of completing a conceptual design for a construction project exceeds $5,000,000, the Secretary shall submit to Congress a request for funds for the conceptual design before submitting a request for funds for the construction project.
The requirement in paragraph (1) does not apply to a request for funds—
for a construction project the total estimated cost of which is less than the minor construction threshold; or
for emergency planning, design, and construction activities under section 5788.
Within the amounts authorized by a DOE national security authorization, the Secretary may carry out construction design (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such design does not exceed $5,000,000.
If the total estimated cost for construction design in connection with any construction project exceeds $5,000,000, funds for that design must be specifically authorized by law.
The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property.
The Secretary may not exercise the authority under subsection (a) in the case of a construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making those activities necessary.
The requirement of section 5787(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.
In carrying out programs necessary for national security, the authority of the Secretary of Energy to carry out plant projects includes authority for maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto.
Except as provided in subsection (b), amounts appropriated pursuant to a DOE national security authorization for operation and maintenance or for plant projects may, when so specified in an appropriations Act, remain available until expended.
Amounts appropriated for program direction pursuant to a DOE national security authorization for a fiscal year shall remain available to be obligated only until the end of that fiscal year.
The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer defense environmental cleanup funds from a program or project under the jurisdiction of that office to another such program or project.
Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.
The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.
A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer is necessary—
to address a risk to health, safety, or the environment; or
to assure the most efficient use of defense environmental cleanup funds at the field office.
Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.
The requirements of section 5782 shall not apply to transfers of funds pursuant to subsection (a).
The Secretary, acting through the Assistant Secretary of Energy for Environmental Management, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs.
In this section:
The term program or project means, with respect to a field office of the Department of Energy, a program or project that is for defense environmental cleanup activities necessary for national security programs of the Department, that is being carried out by that office, and for which defense environmental cleanup funds have been authorized and appropriated.
The term defense environmental cleanup funds means funds appropriated to the Department of Energy pursuant to an authorization for carrying out defense environmental cleanup activities necessary for national security programs.
The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer weapons activities funds from a program or project under the jurisdiction of that office to another such program or project.
Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.
The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.
A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer—
is necessary to address a risk to health, safety, or the environment; or
will result in cost savings and efficiencies.
A transfer may not be carried out by a manager of a field office under subsection (a) to cover a cost overrun or scheduling delay for any program or project.
Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.
The requirements of section 5782 shall not apply to transfers of funds pursuant to subsection (a).
The Secretary, acting through the Administrator, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs.
In this section:
The term program or project means, with respect to a field office of the Department of Energy, a program or project that is for weapons activities necessary for national security programs of the Department, that is being carried out by that office, and for which weapons activities funds have been authorized and appropriated.
The term weapons activities funds means funds appropriated to the Department of Energy pursuant to an authorization for carrying out weapons activities necessary for national security programs.
Subject to the provisions of appropriation Acts and section 5782, amounts appropriated pursuant to a DOE national security authorization for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy.
The Administrator shall establish a cost and schedule baseline for each nuclear stockpile life extension or new nuclear weapon program project of the Administration. In addition to the requirement under subparagraph (B), the cost and schedule baseline of a nuclear stockpile life extension or new nuclear weapon program project established under this subparagraph shall be the cost and schedule as described in the first Selected Acquisition Report submitted under section 5635(a) for the project.
The cost baseline developed under subparagraph (A) shall include, with respect to each stockpile life extension or new nuclear weapon program project, an estimated cost for each warhead in the project.
Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Administrator shall submit the cost and schedule baseline to the congressional defense committees.
The Administrator shall establish a cost and schedule baseline for each major alteration project.
The cost baseline developed under subparagraph (A) shall include, with respect to each major alteration project, an estimated cost for each warhead in the project.
Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Administrator shall submit the cost and schedule baseline to the congressional defense committees.
In this paragraph, the term "major alteration project" means a nuclear weapon system alteration project of the Administration the cost of which exceeds $800,000,000.
The Secretary of Energy shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each construction project that is—
in excess of $65,000,000; and
carried out by the Department using funds authorized to be appropriated for a fiscal year pursuant to a DOE national security authorization.
Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees.
The Secretary shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each defense environmental cleanup project that is—
in excess of $65,000,000; and
carried out by the Department pursuant to such protocols.
Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees.
The Administrator or the Secretary, as applicable, shall notify the congressional defense committees not later than 30 days after determining that—
the total cost for a project referred to in paragraph (1), (2), (3), or (4) of subsection (a) will exceed an amount that is equal to 125 percent of the cost baseline established under subsection (a) for that project; and
in the case of a stockpile life extension or new nuclear weapon program project referred to in subsection (a)(1) or a major alteration project referred to in subsection (a)(2), the cost for any warhead in the project will exceed an amount that is equal to 150 percent of the cost baseline established under subsection (a)(1)(B) or (a)(2)(B), as applicable, for each warhead in that project.
Not later than 90 days after submitting a notification under subsection (b) with respect to a project, the Administrator or the Secretary, as applicable, shall—
notify the congressional defense committees with respect to whether the project will be terminated or continued;
if the project will be continued, certify to the congressional defense committees that—
a revised cost and schedule baseline has been established for the project and, in the case of a stockpile life extension or new nuclear weapon program project referred to in subparagraph (A) or (B) of subsection (a)(1) or a major alteration project referred to in subsection (a)(2), a revised estimate of the cost for each warhead in the project has been made;
the continuation of the project is necessary to the mission of the Department of Energy and there is no alternative to the project that would meet the requirements of that mission; and
a management structure is in place adequate to manage and control the cost and schedule of the project; and
submit to the congressional defense committees an assessment of the root cause or causes of the growth in the total cost of the project, including the contribution of any shortcomings in cost, schedule, or performance of the program, including the role, if any, of—
unrealistic performance expectations;
unrealistic baseline estimates for cost or schedule;
immature technologies or excessive manufacturing or integration risk;
unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;
changes in procurement quantities;
inadequate program funding or funding instability;
poor performance by personnel of the Federal Government or contractor personnel responsible for program management; or
any other matters.
A revised cost and schedule baseline established under subsection (c) shall—
be submitted to the congressional defense committees with the certification submitted under subsection (c)(2); and
be subject to the notification requirements of subsections (b) and (c) in the same manner and to the same extent as a cost and schedule baseline established under subsection (a).
The Secretary of Energy shall ensure that an independent life-cycle cost estimate under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, of each capital asset described in subsection (b) is conducted before the asset achieves critical decision 2 in the acquisition process.
A capital asset described in this subsection is an atomic energy defense capital asset—
the total project cost of which exceeds $100,000,000; and
the purpose of which is to perform a limited-life, single-purpose mission.
For purposes of subsection (a), the term independent, with respect to a life-cycle cost estimate of a capital asset, means that the life-cycle cost estimate is prepared by an organization independent of the project sponsor, using the same detailed technical and procurement information as the sponsor, to determine if the life-cycle cost estimate of the sponsor is accurate and reasonable.
Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 726), the Secretary of Energy, in coordination with the Administrator, shall ensure that analyses of alternatives are conducted (including through contractors, as appropriate) in accordance with best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management.
Not later than 30 days after the date of the enactment of such Act, the Secretary, in coordination with the Administrator, shall develop cost estimates in accordance with cost estimating best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management.
As soon as practicable after the date of the enactment of such Act, but not later than two years after such date of enactment, the Secretary shall revise—
the capital asset project management order of the Department of Energy to require the use of best practices for preparing cost estimates and for conducting analyses of alternatives for Administration and defense environmental management capital asset projects; and
the nuclear weapon life extension program procedures of the Department to require the use of best practices for preparing cost estimates and conducting analyses of alternatives for Administration life extension programs.
After the date on which a plant project specifically authorized by law and carried out under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, achieves critical decision 2, the Administrator may not change the requirements for such project if such change increases the cost of such project by more than the lesser of $5,000,000 or 15 percent, unless—
the Administrator submits to the congressional defense committees—
a certification that the Administrator, without delegation, authorizes such proposed change; and
a cost-benefit and risk analysis of such proposed change, including with respect to—
the effects of such proposed change on the project cost and schedule; and
any mission risks and operational risks from making such change or not making such change; and
a period of 15 days elapses following the date of such submission.
The Administrator shall ensure that critical decision packages are timely reviewed and either approved or disapproved.
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(a) of title 31, the Administrator shall submit to the Secretary of Energy and the congressional defense committees either—
a report on the unfunded priorities of the Administration; or
if the Administrator determines that there are no unfunded priorities to include in such a report, a certification and explanation by the Administrator, without delegation, of the determination.
Each report under subsection (a)(1) shall specify, for each unfunded priority covered by the report, the following:
A summary description of that priority, including the objectives to be achieved or the risk to be mitigated if that priority is funded (whether in whole or in part).
The additional amount of funds recommended in connection with the objectives or risk mitigation under subparagraph (A).
Account information with respect to that priority.
Each report under subsection (a)(1) shall present the unfunded priorities covered by the report in order of urgency of priority.
In this section, the term unfunded priority, in the case of a fiscal year, means a program, activity, or mission requirement that—
is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to section 1105(a) of title 31;
is necessary to address a requirement associated with the mission of the Administration; and
would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—
if additional resources were available for the budget to fund the program, activity, or mission requirement; or
in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.
The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the Council) a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105(a) of title 31.
The Council shall review each budget request transmitted to the Council under paragraph (1) in accordance with section 179(f).
If the Council submits to the Secretary of Energy a written description under section 179(f)(2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include as an appendix to the budget request submitted to the Director of the Office of Management and Budget—
the funding levels and initiatives identified in that description; and
any additional comments the Secretary considers appropriate.
The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), a copy of the appendix described in subparagraph (A).
At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council.
The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order.
In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if—
the Administrator—
determines that such use of funds would improve the quality of the cost estimate for the project; and
notifies the congressional defense committees of that determination; and
a period of 15 days has elapsed after the date on which such committees receive the notification.
Funds appropriated to the Department of Energy for the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy may not be used to pay a penalty, fine, or forfeiture in regard to a defense activity or facility of the Department of Energy due to a failure to comply with any environmental requirement.
Subsection (a) shall not apply with respect to an environmental requirement if—
the President fails to request funds for compliance with the environmental requirement; or
Congress has appropriated funds for such purpose (and such funds have not been sequestered, deferred, or rescinded) and the Secretary of Energy fails to use the funds for such purpose.
None of the funds authorized to be appropriated by the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96–540; 94 Stat. 3197) or any other Act may be used to pay any penalty, fine, forfeiture, or settlement resulting from a failure to comply with the Clean Air Act (42 U.S.C. 7401 et seq.) with respect to any defense activity of the Department of Energy if—
the Secretary finds that compliance is physically impossible within the time prescribed for compliance; or
the President has specifically requested appropriations for compliance and Congress has failed to appropriate funds for such purpose.
Concurrent with the submission of the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year (submitted to Congress pursuant to section 1105(a) of title 31), the Secretary of Energy shall submit to the congressional defense committees a report on the financial balances for each atomic energy defense program.
In each report required by paragraph (1), the Secretary shall—
present information on the financial balances for each atomic energy defense program at the budget control levels used in the report accompanying the most current Act appropriating funds for energy and water development; and
present financial balances in connection with funding under recurring DOE national security authorizations (as defined in section 5781) separately from balances in connection with funding under any other provision of law.
Each report required by subsection (a) shall—
be divided into two parts, as specified in paragraphs (2) and (3); and
set forth the information required by those paragraphs in summary form and by fiscal year.
The first part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information, as of the end of the most recently completed fiscal year:
The balance of any unobligated funds and an explanation for why those funds are unobligated.
The total funds available to cost.
The total balance of costed funds.
The total balance of uncosted funds.
The threshold for the balance of uncosted funds, stated in dollars.
The amount of any balance of uncosted funds that is over or under that threshold and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.
The total balance of encumbered, uncosted funds.
The total balance of unencumbered, uncosted funds.
The amount of any balance of unencumbered, uncosted funds that is over or under the threshold described in subparagraph (E) and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.
The second part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information:
The balance of any unobligated funds, as of the end of the first quarter of the current fiscal year.
The total balance of uncosted funds, as of the end of the first quarter of the current fiscal year.
Unalloted budget authority.
In this section:
The term costed, with respect to funds, means the funds have been obligated to a contract and goods or services have been received from the contractor in exchange for the funds.
The term encumbered, with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor.
The term uncosted, with respect to funds, means the funds have been obligated to a contract and goods or services have not been received from the contractor in exchange for the funds.
The term unencumbered, with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor.
The term threshold means a benchmark over which a balance carried over at the end of a fiscal year should be given greater scrutiny by Congress.
The term total funds available to cost means the sum of—
total uncosted obligations from prior fiscal years;
current fiscal year obligations; and
current fiscal year deobligations.
The appropriate head shall ensure that an independent entity conducts reviews of each capital assets acquisition project as the project moves toward the approval of each of critical decision 0, critical decision 1, and critical decision 2 in the acquisition process.
In addition to any other matters, with respect to each review of a capital assets acquisition project under subsection (a) that has not reached critical decision 1 approval in the acquisition process, such review shall include—
a review using best practices of the analysis of alternatives for the project; and
identification of any deficiencies in such analysis of alternatives for the appropriate head to address.
The appropriate head shall ensure that each review of a capital assets acquisition project under subsection (a) is conducted by an independent entity with the appropriate expertise with respect to the project and the stage in the acquisition process of the project.
In this section:
The term acquisition process means the acquisition process for a project, as defined in Department of Energy Order 413.3B (relating to project management and project management for the acquisition of capital assets), or a successor order.
The term appropriate head means—
the Administrator, with respect to capital assets acquisition projects of the Administration; and
the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management.
The term capital assets acquisition project means a project—
the total project cost of which is more than $500,000,000; and
that is covered by Department of Energy Order 413.3B, or a successor order, for the acquisition of capital assets for atomic energy defense activities.
The following costs are not allowable under a covered contract:
Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).
Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress or a State legislature.
Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of false certification).
Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable regulations of the Secretary of Energy.
Costs of membership in any social, dining, or country club or organization.
Costs of alcoholic beverages.
Contributions or donations, regardless of the recipient.
Costs of advertising designed to promote the contractor or its products.
Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
Costs for travel by commercial aircraft or by travel by other than common carrier that is not necessary for the performance of the contract and the cost of which exceeds the amount of the standard commercial fare.
Not later than 150 days after November 8, 1985, the Secretary of Energy shall prescribe regulations to implement this section. Such regulations may establish appropriate definitions, exclusions, limitations, and qualifications. Such regulations shall be published in accordance with section 1707 of title 41.
In any regulations implementing subsection (a)(2), the Secretary may not treat as not allowable (by reason of such subsection) the following costs of a contractor:
Costs of providing to Congress or a State legislature, in response to a request from Congress or a State legislature, information of a factual, technical, or scientific nature, or advice of experts, with respect to topics directly related to the performance of the contract.
Costs for transportation, lodging, or meals incurred for the purpose of providing such information or advice.
In this section, the termcovered contract means a contract for an amount more than $100,000 entered into by the Secretary of Energy obligating funds appropriated for national security programs of the Department of Energy.
Subsection (a) shall apply with respect to costs incurred under a covered contract on or after 30 days after the regulations required by subsection (b) are issued.
The Secretary of Energy may not provide any bonuses, award fees, or other form of performance- or production-based awards to a contractor operating a Department of Energy defense nuclear facility unless, in evaluating the performance or production under the contract, the Secretary considers the contractor's compliance with all applicable environmental, safety, and health statutes, regulations, and practices for determining both the size of, and the contractor's qualification for, such bonus, award fee, or other award. The prohibition in this subsection applies with respect to contracts entered into, or contract options exercised, after November 29, 1989.
The Secretary of Energy shall promulgate regulations to implement subsection (a) not later than March 1, 1990.
The Secretary of Energy shall include, in each award-fee evaluation conducted under section 16.401 of title 48, Code of Federal Regulations, of a management and operating contract for a Department of Energy defense nuclear facility in 2016 or any even-numbered year thereafter, an assessment of the adequacy of the emergency preparedness of that facility, including an assessment of the seniority level of management and operating contractor employees that participate in emergency preparedness exercises at that facility.
This section may be cited as the Atomic Energy Testing Liability Act.
The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by chapter 309 or 311 of title 46, as appropriate, for injury, loss of property, personal injury, or death shall apply to any civil action for injury, loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by a contractor in carrying out an atomic weapons testing program under a contract with the United States.
The remedies referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining civil liability arising from any act or omission of the contractor without regard to when the act or omission occurred. The employees of a contractor referred to in paragraph (1) shall be considered to be employees of the Federal Government, as provided in section 2671 of title 28, for the purposes of any such civil action or proceeding; and the civil action or proceeding shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b) of such title and shall be subject to the limitations and exceptions applicable to those actions.
A contractor against whom a civil action or proceeding described in subsection (b) is brought shall promptly deliver all processes served upon that contractor to the Attorney General of the United States. Upon certification by the Attorney General that the suit against the contractor is within the provisions of subsection (b), a civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place wherein it is pending and the proceedings shall be deemed a tort action brought against the United States under the provisions of section 1346(b), 2401(b), or 2402, or sections 2671 through 2680 of title 28. For purposes of removal, the certification by the Attorney General under this subsection establishes contractor status conclusively.
The provisions of this section shall apply to any action, within the provisions of subsection (b), which is pending on November 5, 1990, or commenced on or after such date. Notwithstanding section 2401(b) of title 28, if a civil action or proceeding to which this section applies is pending on November 5, 1990, and is dismissed because the plaintiff in such action or proceeding did not file an administrative claim as required by section 2672 of that title, the plaintiff in that action or proceeding shall have 30 days from the date of the dismissal or two years from the date upon which the claim accrued, whichever is later, to file an administrative claim, and any claim or subsequent civil action or proceeding shall thereafter be subject to the provisions of section 2401(b) of title 28.
For purposes of this section, the term contractor includes a contractor or cost reimbursement subcontractor of any tier participating in the conduct of the United States atomic weapons testing program for the Department of Energy (or its predecessor agencies, including the Manhattan Engineer District, the Atomic Energy Commission, and the Energy Research and Development Administration). Such term also includes facilities which conduct or have conducted research concerning health effects of ionizing radiation in connection with the testing under contract with the Department of Energy (or any of its predecessor agencies).
The Secretary of Energy may not enter into an arrangement described in subsection (b) until 30 days after the date on which the Secretary notifies the congressional defense committees in writing of the proposed arrangement.
Except as provided in paragraph (2), an arrangement referred to in subsection (a) is any alternative financing arrangement, third-party financing arrangement, public-private partnership, privatization arrangement, private capital arrangement, or other financing arrangement that—
is entered into in connection with a project conducted using funds authorized to be appropriated to the Department of Energy to carry out programs necessary for national security; and
involves a contractor or Federal agency obtaining and charging to the Department of Energy as an allowable cost under a contract the use of office space, facilities, or other real property assets with a value of at least $5,000,000.
An arrangement referred to in subsection (a) does not include an arrangement that—
involves the Department of Energy or a contractor acquiring or entering into a capital lease for office space, facilities, or other real property assets; or
is entered into in connection with a capital improvement project undertaken as part of an energy savings performance contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287).
The Administrator shall take appropriate actions to make available to the public, to the maximum extent practicable, contractor performance evaluations conducted by the Administration of management and operating contractors of the nuclear security enterprise that results in the award of an award fee to the contractor concerned.
Performance evaluations shall be made public under this section in a common format that facilitates comparisons of performance evaluations between and among similar management and operating contracts.
Subject to subsection (b), the Secretary of Energy may—
carry out a covered procurement action or special exclusion action; and
notwithstanding any other provision of law, limit, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action or special exclusion action.
The Secretary may exercise the authority under subsection (a) only after—
obtaining a risk assessment that demonstrates that there is a significant supply chain risk to a covered system;
making a determination in writing, in unclassified or classified form, that—
the use of the authority under subsection (a) is necessary to protect national security by reducing supply chain risk;
less restrictive measures are not reasonably available to reduce the supply chain risk; and
in a case in which the Secretary plans to limit disclosure of information under subsection (a)(2), the risk to national security of the disclosure of the information outweighs the risk of not disclosing the information; and
submitting to the appropriate congressional committees, not later than seven days after the date on which the Secretary makes the determination under paragraph (2), a notice of such determination, in classified or unclassified form, that includes—
the information required by section 3304(e)(2)(A) of title 41;
a summary of the risk assessment required under paragraph (1); and
a summary of the basis for the determination, including a discussion of less restrictive measures that were considered and why such measures were not reasonably available to reduce supply chain risk.
If the Secretary has exercised the authority under subsection (a), the Secretary shall—
notify appropriate parties of the covered procurement action or special exclusion action and the basis for the action only to the extent necessary to carry out the covered procurement action or special exclusion action;
notify other Federal agencies responsible for procurement that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and
ensure the confidentiality of any notifications under paragraph (1) or (2).
No action taken by the Secretary under the authority under subsection (a) shall be subject to review in any Federal court.
The Secretary may delegate the authority under this section to—
in the case of the Administration, the Administrator; and
in the case of any other component of the Department of Energy, the Senior Procurement Executive of the Department.
In this section:
The term appropriate congressional committees means—
the congressional defense committees; and
the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
The term covered item of supply means an item—
that is purchased for inclusion in a covered system; and
the loss of integrity of which could result in a supply chain risk for a covered system.
The term covered procurement means the following:
A source selection for a covered system or a covered item of supply involving either a performance specification, as described in subsection (a)(3)(B) of section 3306 of title 41, or an evaluation factor, as described in subsection (b)(1) of such section, relating to supply chain risk.
The consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 4106(d)(3) of title 41, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk.
Any contract action involving a contract for a covered system or a covered item of supply if the contract includes a clause establishing requirements relating to supply chain risk.
The term covered procurement action means, with respect to an action that occurs in the course of conducting a covered procurement, any of the following:
The exclusion of a source that fails to meet qualification requirements established pursuant to section 3311 of title 41 for the purpose of reducing supply chain risk in the acquisition of covered systems.
The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
The withholding of consent for a contractor to subcontract with a particular source or the direction to a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
The term covered system means the following:
National security systems (as defined in section 3552(b) of title 44) and components of such systems.
Nuclear weapons and components of nuclear weapons.
Items associated with the design, development, production, and maintenance of nuclear weapons or components of nuclear weapons.
Items associated with the surveillance of the nuclear weapon stockpile.
Items associated with the design and development of nonproliferation and counterproliferation programs and systems.
The term special exclusion action means an action to prohibit, for a period not to exceed two years, the award of any contracts or subcontracts by the Administration or any other component of the Department of Energy related to any covered system to a source the Secretary determines to represent a supply chain risk.
The term supply chain risk means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system or covered item of supply so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of the system or item of supply.
The authority under this section shall terminate on December 31, 2028.
Not later than 7 days after issuing a request for proposals for a contract to manage and operate a facility of the Administration, the Administrator shall brief the congressional defense committees on the preliminary assessment of the Administrator of the costs and benefits of the competition for the contract, including a preliminary assessment of the matters described in subsection (c) with respect to the contract.
If the Administrator awards a new contract to manage and operate a facility of the Administration, the Administrator shall submit to the congressional defense committees a report that includes the matters described in subsection (c) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.
The matters described in this subsection, with respect to a contract, are the following:
A clear and complete description of the cost savings the Administrator expects to result from the competition for the contract over the life of the contract, including associated analyses, assumptions, and information sources used to determine such expected cost savings.
A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known.
The costs of the competition for the contract, including the immediate costs of conducting the competition, the costs of the transition to the contract from the previous contract, and any increased costs over the life of the contract.
A description of any disruptions or delays in mission activities or deliverables resulting from the competition for the contract.
A clear and complete description of the benefits expected by the Administrator with respect to mission performance or operations resulting from the competition.
How the competition for the contract complied with the Federal Acquisition Regulation regarding Federally funded research and development centers, if applicable.
The factors considered and processes used by the Administrator to determine—
whether to compete or extend the previous contract; and
which activities at the facility should be covered under the contract rather than under a different contract.
With respect to the matters included under paragraphs (1) through (7), a detailed description of the analyses conducted by the Administrator to reach the conclusions presented in the report, including any assumptions, limitations, and uncertainties relating to such conclusions.
Any other matters the Administrator considers appropriate.
Each briefing required by subsection (a) and report required by subsection (b) shall be prepared in accordance with—
the information quality guidelines of the Department of Energy that are relevant to the clear and complete presentation of the matters described in subsection (c); and
best practices of the Government Accountability Office and relevant industries for cost estimating, if appropriate.
The Comptroller General of the United States shall determine, in consultation with the congressional defense committees, whether to conduct an initial review, a comprehensive review, or both, of a report required by subsection (b).
The Comptroller General shall provide any initial review of a report required by subsection (b) as a briefing to the congressional defense committees not later than 180 days after that report is submitted to the congressional defense committees.
The Comptroller General shall submit any comprehensive review of a report required by subsection (b) to the congressional defense committees not later than 3 years after that report is submitted to the congressional defense committees.
A comprehensive review of a report required by subsection (b) shall include an assessment, based on the most current information available, of the following:
The actual cost savings achieved compared to cost savings estimated under subsection (c)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded.
Any disruptions or delays in mission activities or deliverables resulting from the competition for the contract compared to the disruptions and delays estimated under subsection (c)(4).
Whether expected benefits of the competition with respect to mission performance or operations have been achieved.
Such other matters as the Comptroller General considers appropriate.
The requirements for briefings under subsection (a) and reports under subsection (b) shall apply with respect to requests for proposals issued or contracts awarded, as applicable, by the Administrator during fiscal years 2019 through 2032.
The requirements for briefings under subsection (a) and reports under subsection (b) shall not apply with respect to a management and operations contract for a Naval Reactor facility.
Government-owned, contractor-operated laboratories that are funded out of funds available to the Department of Energy for national security programs are authorized to carry out laboratory-directed research and development.
The Secretary of Energy shall prescribe regulations for the conduct of laboratory-directed research and development at such laboratories.
Of the funds provided by the Department of Energy to a national security laboratory for national security activities, the Secretary shall provide a specific amount, of not less than 5 percent and not more than 7 percent of such funds, to be used by the laboratory for laboratory-directed research and development.
For purposes of this section, the term laboratory-directed research and development means research and development work of a creative and innovative nature which, under the regulations prescribed pursuant to subsection (b), is selected by the director of a laboratory for the purpose of maintaining the vitality of the laboratory in defense-related scientific disciplines.
Of the funds made available by the Department of Energy for activities at government-owned, contractor-operated laboratories funded in this Act or subsequent Energy and Water Development Appropriations Acts, the Secretary may authorize a specific amount, not to exceed 8 percent of such funds, to be used by such laboratories for laboratory directed research and development: Provided, That the Secretary may also authorize a specific amount not to exceed 4 percent of such funds, to be used by the plant manager of a covered nuclear weapons production plant or the manager of the Nevada Site Office for plant or site directed research and development: Provided further, That notwithstanding Department of Energy order 413.2A, dated January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE laboratories may be eligible for laboratory directed research and development funding.
Notwithstanding section 307 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2845), of the funds made available by the Department of Energy for activities at Government-owned, contractor-operated laboratories funded in the Energy and Water Development and Related Agencies Appropriations Act, 2014 (div. D of Pub. L. 113–76) or any subsequent Energy and Water Development Appropriations Act for any fiscal year, the Secretary may authorize a specific amount, not to exceed 6 percent of such funds, to be used by such laboratories for laboratory directed research and development.
Of the funds authorized by the Secretary of Energy for laboratory directed research and development, no individual program, project, or activity funded by this or any subsequent Act making appropriations for Energy and Water Development for any fiscal year may be charged more than the statutory maximum authorized for such activities: Provided, That this section shall take effect not earlier than October 1, 2015.
No funds authorized to be appropriated or otherwise made available to the Department of Energy in any fiscal year after fiscal year 1997 for weapons activities may be obligated or expended for activities under the Department of Energy Laboratory Directed Research and Development Program, or under any Department of Energy technology transfer program or cooperative research and development agreement, unless such activities support the national security mission of the Department of Energy.
No funds authorized to be appropriated or otherwise made available to the Department of Energy in any fiscal year after fiscal year 1997 for defense environmental cleanup may be obligated or expended for activities under the Department of Energy Laboratory Directed Research and Development Program, or under any Department of Energy technology transfer program or cooperative research and development agreement, unless such activities support the defense environmental cleanup mission of the Department of Energy.
A national security laboratory may not use funds made available under section 5831(c) to cover the costs of general and administrative overhead for the laboratory.
Not later than February 1 each year, the Secretary of Energy shall submit to the congressional defense committees a report on the funds expended during the preceding fiscal year on activities under the Department of Energy Laboratory Directed Research and Development Program. The purpose of the report is to permit an assessment of the extent to which such activities support the national security mission of the Department of Energy.
The report required by subsection (a) shall include, with respect to plant-directed research and development, the following:
A financial accounting of expenditures for such research and development, disaggregated by nuclear weapons production facility.
A breakdown of the percentage of research and development conducted by each such facility that is plant-directed research and development.
An explanation of how each such facility plans to increase the availability and utilization of funds for plant-directed research and development.
In this subsection, the term plant-directed research and development means research and development selected by the director of a nuclear weapons production facility.
Each report shall be prepared by the officials responsible for Federal oversight of the funds expended on activities under the program.
Each report shall set forth the criteria utilized by the officials preparing the report in determining whether or not the activities reviewed by such officials support the national security mission of the Department.
For the purpose of facilitating the transfer of technology, the Secretary of Energy shall ensure, to the maximum extent practicable, that research on and development of dual-use critical technology carried out through atomic energy defense activities is conducted through cooperative research and development agreements, or other arrangements, that involve laboratories of the Department of Energy and other entities.
Subject to the availability of appropriations provided for such purpose, the Administrator shall establish a cooperative research and development center described in paragraph (2) at each national security laboratory.
A cooperative research and development center described in this paragraph is a center to foster collaborative scientific research, technology development, and the appropriate transfer of research and technology to users in addition to the national security laboratories.
In establishing a cooperative research and development center under this subsection, the Administrator—
shall enter into cooperative research and development agreements with governmental, public, academic, or private entities; and
may enter into a contract with respect to constructing, purchasing, managing, or leasing buildings or other facilities.
In this section:
The term dual-use critical technology means a technology—
that is critical to atomic energy defense activities, as determined by the Secretary of Energy;
that has military applications and nonmilitary applications; and
that is a defense critical technology (as defined in section 4801).
The term cooperative research and development agreement has the meaning given that term by section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)).
The term other entities means—
firms, or a consortium of firms, that are eligible to participate in a partnership or other arrangement with a laboratory of the Department of Energy, as determined in accordance with applicable law and regulations; or
firms, or a consortium of firms, described in subparagraph (A) in combination with one or more of the following:
Institutions of higher education in the United States.
Departments and agencies of the Federal Government other than the Department of Energy.
Agencies of State governments.
Any other persons or entities that may be eligible and appropriate, as determined in accordance with applicable laws and regulations.
The term atomic energy defense activities does not include activities covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program.
Congress makes the following findings:
The maintenance of scientific and engineering competence in the United States is vital to long-term national security and the defense and national security missions of the Department of Energy.
Engaging the universities and colleges of the Nation in research on long-range problems of vital national security interest will be critical to solving the technology challenges faced within the defense and national security programs of the Department of Energy in the next century.
Enhancing collaboration among the national laboratories, universities and colleges, and industry will contribute significantly to the performance of these Department of Energy missions.
The Secretary of Energy shall establish a university program at a location that can develop the most effective collaboration among national laboratories, universities and colleges, and industry in support of scientific and engineering advancement in key Department of Energy defense and national security program areas.
The Administrator may not establish, administer, 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.
The limitation described in subsection (a) shall not be interpreted—
to prohibit the establishment of a bioassurance program 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
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 provided—
on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and
in a manner that does not interfere with mission of such laboratory or facility.
The Secretary of Energy shall prescribe regulations for the transfer by sale or lease of real property at Department of Energy defense nuclear facilities for the purpose of permitting the economic development of the property.
The Secretary may not transfer real property under the regulations prescribed under paragraph (1) until—
the Secretary submits a notification of the proposed transfer to the congressional defense committees; and
a period of 30 days has elapsed following the date on which the notification is submitted.
Except as provided in paragraph (3) and subject to subsection (c), in the sale or lease of real property pursuant to the regulations prescribed under subsection (a), the Secretary may hold harmless and indemnify a person or entity described in paragraph (2) against any claim for injury to person or property that results from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located. Before entering into any agreement for such a sale or lease, the Secretary shall notify the person or entity that the Secretary has authority to provide indemnification to the person or entity under this subsection. The Secretary shall include in any agreement for such a sale or lease a provision stating whether indemnification is or is not provided.
Paragraph (1) applies to the following persons and entities:
Any State that acquires ownership or control of real property of a defense nuclear facility.
Any political subdivision of a State that acquires such ownership or control.
Any other person or entity that acquires such ownership or control.
Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A) through (C).
To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply.
No indemnification on a claim for injury may be provided under this section unless the person or entity making a request for the indemnification—
notifies the Secretary in writing within two years after such claim accrues;
furnishes to the Secretary copies of pertinent papers received by the person or entity;
furnishes evidence or proof of the claim;
provides, upon request by the Secretary, access to the records and personnel of the person or entity for purposes of defending or settling the claim; and
begins action within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.
For purposes of paragraph (1)(A), the date on which a claim accrues is the date on which the person asserting the claim knew (or reasonably should have known) that the injury to person or property referred to in subsection (b)(1) was caused or contributed to by the release or threatened release of a hazardous substance, pollutant, or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located.
In any case in which the Secretary determines that the Secretary may be required to indemnify a person or entity under this section for any claim for injury to person or property referred to in subsection (b)(1), the Secretary may settle or defend the claim on behalf of that person or entity.
In any case described in paragraph (1), if the person or entity that the Secretary may be required to indemnify does not allow the Secretary to settle or defend the claim, the person or entity may not be indemnified with respect to that claim under this section.
Nothing in this section shall be construed as affecting or modifying in any way section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
In this section, the terms hazardous substance, release, and pollutant or contaminant have the meanings provided by section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
The Administrator shall authorize the head of each nuclear weapons production facility to establish an Engineering and Manufacturing Research, Development, and Demonstration Program under this section.
The projects and activities carried out through the program at a nuclear weapons production facility under this section shall support innovative or high-risk design and manufacturing concepts and technologies with potentially high payoff for the nuclear security enterprise. Those projects and activities may include—
replacement of obsolete or aging design and manufacturing technologies;
development of innovative agile manufacturing techniques and processes; and
training, recruitment, or retention of essential personnel in critical engineering and manufacturing disciplines.
The Administrator may authorize the manager of a covered nuclear weapons research, development, testing or production facility to engage in research, development, and demonstration activities with respect to the engineering and manufacturing capabilities at such facility in order to maintain and enhance such capabilities at such facility: Provided, That of the amount allocated to a covered nuclear weapons facility each fiscal year from amounts available to the Department of Energy for such fiscal year for national security programs, not more than an amount equal to 2 percent of such amount may be used for these activities: Provided further, That for purposes of this section, the term covered nuclear weapons facility means the following:
The Kansas City Plant, Kansas City, Missouri.
The Y–12 Plant, Oak Ridge, Tennessee.
The Pantex Plant, Amarillo, Texas.
The Savannah River Plant, South Carolina.
The Nevada Test Site.
The purpose of this section is to encourage the Secretary of Energy to dispose of or otherwise utilize certain assets of the Department of Energy by making available to the Secretary the proceeds of such disposal or utilization for purposes of defraying the costs of such disposal or utilization.
Notwithstanding section 3302 of title 31, the Secretary may retain from the proceeds of the sale, lease, or disposal of an asset under subsection (c) an amount equal to the cost of the sale, lease, or disposal of the asset. The Secretary shall utilize amounts retained under this paragraph to defray the cost of the sale, lease, or disposal.
For purposes of paragraph (1), the cost of a sale, lease, or disposal shall include—
the cost of administering the sale, lease, or disposal;
the cost of recovering or preparing the asset concerned for the sale, lease, or disposal; and
any other cost associated with the sale, lease, or disposal.
Subsection (b) applies to the following transactions:
The sale of heavy water at the Savannah River Site, South Carolina, that is under the jurisdiction of the Defense Environmental Management Program.
The sale of precious metals that are under the jurisdiction of the Defense Environmental Management Program.
The lease of buildings and other facilities located at the Hanford Reservation, Washington, that are under the jurisdiction of the Defense Environmental Management Program.
The lease of buildings and other facilities located at the Savannah River Site that are under the jurisdiction of the Defense Environmental Management Program.
The disposal of equipment and other personal property located at the Rocky Flats Defense Environmental Technology Site, Colorado, that is under the jurisdiction of the Defense Environmental Management Program.
The disposal of materials at the National Electronics Recycling Center, Oak Ridge, Tennessee that are under the jurisdiction of the Defense Environmental Management Program.
Nothing in this section shall be construed to limit the application of subchapter II of chapter 5 and section 549 of title 40 to the disposal of equipment and other personal property covered by this section.
The Secretary of Energy may establish a program to permit the establishment of energy parks on former defense nuclear facilities.
The objectives for establishing energy parks pursuant to subsection (a) are the following:
To provide locations to carry out a broad range of projects relating to the development and deployment of energy technologies and related advanced manufacturing technologies.
To provide locations for the implementation of pilot programs and demonstration projects for new and developing energy technologies and related advanced manufacturing technologies.
To set a national example for the development and deployment of energy technologies and related advanced manufacturing technologies in a manner that will promote energy security, energy sector employment, and energy independence.
To create a business environment that encourages collaboration and interaction between the public and private sectors.
In establishing an energy park pursuant to subsection (a), the Secretary shall consult with—
the local government with jurisdiction over the land on which the energy park will be located;
the local governments of adjacent areas; and
any community reuse organization recognized by the Secretary at the former defense nuclear facility on which the energy park will be located.
Not later than 120 days after January 7, 2011, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the program under subsection (a). The report shall include such recommendations for additional legislative actions as the Secretary considers appropriate to facilitate the development of energy parks on former defense nuclear facilities.
In this section, the term defense nuclear facility has the meaning given the term Department of Energy defense nuclear facility in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
If and to the extent that the Administrator deems it appropriate to further mission activities under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401), a passenger carrier may be used to provide transportation services to contractor employees between the covered facility of the contractor employee and a mass transit facility in accordance with any applicable transportation plan adopted by the Administrator pursuant to this section.
The Administrator—
shall—
provide Management and Operating contractors at covered facilities the opportunity to, on a voluntary basis, submit, through the cognizant contracting officer of the applicable covered facility, a plan to provide transportation services described in subsection (a) for contractor employees at the covered facility; and
review each such plan submitted in accordance with clause (i); and
may approve each such plan if the requirements described in clauses (i) through (iv) of paragraph (2)(B) are satisfied.
Each plan submitted pursuant to paragraph (1)(A)—
may include proposals for parking facilities, road improvements, real property acquisition, passenger carrier services, and commuting cost deferment payments to contractor employees; and
shall include—
a description of how the use of passenger carriers will facilitate the mission of the covered facility;
a description of how the plan will be economical and advantageous to the Federal Government;
a summary of the benefits that will be provided under the plan and how costs will be monitored; and
a description of how the plan will alleviate traffic congestion, reduce commuting times, and improve recruitment and retention of contractor employees.
The Administrator may delegate to the Senior Procurement Executive of the Administration the approval of any plan submitted under this subsection.
The Administration may reimburse a contractor for the costs of transportation services incurred pursuant to a plan approved under subsection (b) using funds appropriated to the Administration.
In carrying out a plan approved under subsection (b), the Administrator, to the maximum extent practicable and consistent with sound budget policy, shall—
require the use of alternative fuel vehicles to provide transportation services;
ensure funds spent for this plan further the mission activities of the Administration under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401); and
ensure that the time during which a contractor employee uses transportation services shall not be included for purposes of calculating the hours of work for such contractor employee.
In this section:
The term contractor employee means an employee of a Management and Operating contractor or subcontractor employee at any tier.
The term covered facility means any facility of the Administration that directly supports the mission of the Administration under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401).
The term Management and Operating contractor means a management and operating contractor that manages a covered facility.
The term passenger carrier means a passenger motor vehicle, aircraft, boat, ship, train, or other similar means of transportation that is owned, leased, or provided pursuant to contract or subcontract by the Federal Government or through a contractor of the Administration.
Notwithstanding any other provision of law and effective as of September 30, 1996, the costs associated with operating and maintaining the infrastructure at the Nevada National Security Site, Nevada, with respect to any activities initiated at the site after that date by the Department of Defense pursuant to a work-for-others agreement may be paid for from funds authorized to be appropriated to the Department of Energy for activities at the Nevada National Security Site.
The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 5838.
The purposes of the consortium under subsection (a) are as follows:
To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs.
To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security.
To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats.
The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants.
The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to—
defense nuclear nonproliferation;
arms control;
nuclear deterrence;
the study of foreign nuclear programs;
nuclear security; or
educating and training the next generation of defense nuclear policy experts.
The following provisions of law are repealed:
Division D of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (50 U.S.C. 4001 et seq.).
Sections 3116 and 3141 of the National Defense Authorization Act for Fiscal Year 2014 (50 U.S.C. 2515, 2512 note).
Sections 308 and 311 of the Energy and Water Development and Related Agencies Appropriations Act, 2015 (50 U.S.C. 2523c, 2791b).
Section 3132 of the National Defense Authorization Act for Fiscal Year 2004 (50 U.S.C. 2589).
Section 306 of the Energy and Water Development and Related Agencies Appropriations Act, 2012 (50 U.S.C. 2743a).
Section 308 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (50 U.S.C. 2791a).
Section 3124 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (50 U.S.C. 2814).
Sections 3113 and 3123 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 50 U.S.C. 2512 note, 2581 note).
Section 3113 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 2512 note).
Section 3121 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 50 U.S.C. 2521 note).
Section 3121, 3124, and 3126 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 50 U.S.C. 2532 note, 2538a note).
Section 3125 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 50 U.S.C. 2538 note).
Section 3133 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 50 U.S.C. 2538c note).
Section 3122 of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 50 U.S.C. 2565 note).
Section 3141 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 50 U.S.C. 2569 note).
Section 3116 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 50 U.S.C. 2601 note).
Section 127 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of Public 108–199; 50 U.S.C. 2601 note).
Section 3117 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 50 U.S.C. 2754 note).
Section 309 of the Energy and Water Development and Related Agencies Appropriations Act, 2014 (division D of Public Law 113–76; 50 U.S.C. 2791a note).
Section 308 of the Energy and Water Development Appropriations Act, 2005 (division C of Public Law 108–447; 50 U.S.C. 2812 note).
Section 3114 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 50 U.S.C. 2535 note).
Title 10, United States Code, is amended—
in section 179—
in subsection (d)(13), by striking section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) and inserting section 5601; and
in subsection (f)—
in paragraph (2), by striking section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) at each place it appears and inserting section 5799; and
in paragraph (3), by striking section 4219(a) of the Atomic Energy Defense Act (50 U.S.C. 2538a(a)) and inserting section 5638;
in section 499a(e), by striking section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) and inserting section 5601.
Section 809(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 4351 note) is amended by striking sections 4217 and 4311 of the Atomic Energy Defense Act (50 U.S.C. 2537, 2577) and inserting sections 5635 and 5671 of title 10, United States Code.
Section 1635(c)(2) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4811 note) is amended by striking section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) and inserting section 5601 of title 10, United States Code.
Section 3111(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 50 U.S.C. 2402 note) is amended by striking section 4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6)) and inserting section 5601 of title 10, United States Code.
Section 3116(a)(3) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1888) is amended by striking section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and inserting section 5611 of title 10, United States Code.
Section 3113 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 2512 note) is amended—
in subsection (a), by striking section 4102(b) of the Atomic Energy Defense Act (50 U.S.C. 2512(b)) and inserting section 5612 of title 10, United States Code; and
in subsection (d), by striking section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) and inserting section 5601 of title 10, United States Code.
Section 3137(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 50 U.S.C. 2512 note) is amended by striking section 4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6)) and inserting section 5601 of title 10, United States Code.
Section 3121(c) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 50 U.S.C. 2521 note) is amended by striking section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) and inserting section 5601 of title 10, United States Code.
Section 3129 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 50 U.S.C. 2521 note) is amended—
in subsection (a), by striking section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) and inserting section 5621 of title 10, United States Code,; and
in subsection (e), by striking section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) and inserting section 5624 of title 10, United States Code,.
Section 3116(c) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 50 U.S.C. 2529 note) is amended by striking section 4209(a) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)) and inserting section 5630 of title 10, United States Code.
Section 3121(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 50 U.S.C. 2532 note) is amended by striking section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) and inserting section 5601 of title 10, United States Code.
Section 3126 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 50 U.S.C. 2538a note) is amended by striking section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) and inserting section 5638 of title 10, United States Code.
Section 3116(e)(4) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 50 U.S.C. 2602 note) is amended by striking section 4306A of the Atomic Energy Defense Act (50 U.S.C. 2567) and inserting section 5664 of title 10, United States Code.
Section 3121 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 50 U.S.C. 2652 note) is amended—
by striking section 4502(a) of the Atomic Energy Defense Act (50 U.S.C. 2652(a)) each place it appears and inserting section 5732(a) of title 10, United States Code; and
in subsection (f)(2), by striking section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501) and inserting section 5601 of title 10, United States Code.
Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended—
by amending subsection (a) to read as follows:
Consistent with the requirements of the Secretary of Defense, the Secretary of Energy shall ensure that the nuclear security enterprise—
during 2021, begins production of qualification plutonium pits;
during 2025, produces no fewer than 10 war reserve plutonium pits;
during 2026, produces no fewer than 20 war reserve plutonium pits;
during 2027, produces no fewer than 30 war reserve plutonium pits;
during 2029, produces no fewer than 50 war reserve plutonium pits; and
during 2032 and subsequent years, produces no fewer than 80 war reserve plutonium pits.
In meeting the annual production rate requirement under paragraph (1)(F), the Secretary of Energy shall ensure that—
no fewer than 30 war reserve plutonium pits are produced annually at Los Alamos National Laboratory, Los Alamos, New Mexico;
no fewer than 50 war reserve plutonium pits are produced annually at the Savannah River Plutonium Processing Facility, Aiken, South Carolina; and
total annual production quantities exceeding 80 war reserve plutonium pits are allocated to each site as necessary to meet Department of Defense requirements.
in subsection (b), by striking 2030 and inserting 2032.
Section 4220 of the Atomic Energy Defense Act (50 U.S.C. 2538b) is repealed.
National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by adding at the end of subtitle A the following new section:
There is established in the Administration an Office of Rapid Capabilities Development (referred to in this section as the Office), which shall be led by an Assistant Deputy Administrator for Rapid Capabilities Development (referred to in this section as the Assistant Deputy Administrator).
The position of the Assistant Deputy Administrator shall be a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code).
The Assistant Deputy Administrator shall report to the Board established under subsection (c).
The primary objective of the Office shall be to expedite the development and fielding of technologies and weapon systems in support of United States strategic deterrence requirements, as determined by the President or the Secretary of Defense. In achieving this objective, the office shall—
leverage defense-wide and Administration technology development efforts and existing capabilities to achieve improved deterrence and operational effects;
provide integration and technical support to Department of Defense, the Administration, or other activities of the United States Government;
identify and pursue opportunities to accelerate operationally-focused capabilities through advanced prototyping; and
explore innovative, cost-effective material and non-material solutions to defeat rapidly-evolving nuclear and radiological threats.
The Office shall be governed by a Board of Directors of (referred to in this section as the Board), which shall be composed of the following members:
The Administrator.
The Assistant Secretary of Defense for Nuclear Deterrence, Chemical and Biological Defense Policy and Programs.
The Deputy Commander of United States Strategic Command.
The Joint Staff Director for Strategy, Plans, and Policy (J5).
The Director of Navy Strategic Systems Programs.
The Deputy Commander of Air Force Global Strike Command.
The Chair of the Board shall be the Administrator.
The Board shall operate on a consensus basis and issue taskings directly to the Assistant Deputy Administrator as necessary to achieve the mission objectives outlined in subsection (b).
The Assistant Deputy Administrator may submit research and development proposals for Board consideration if such proposals support the mission objectives outlined in subsection (b).
Members of the Board may submit—
research and development proposals for Board consideration; and
proposals on behalf of organizations that are not members of the Board if such proposals support the mission objectives outlined in subsection (b).
The Administrator shall ensure that the Assistant Deputy Administrator has sufficient numbers of personnel with competence in technical, programmatic, and other appropriate matters necessary to carry out the functions required by this section.
Nothing in this section shall be construed to obviate or otherwise alter the requirements for the development of new or modified nuclear weapons outlined by section 4209 of the Atomic Energy Defense Act (50 U.S.C. 2529).
In this section:
The term Administration, with respect to any authority, duty, or responsibility provided by this section, does not include the Office of Naval Reactors.
The term prototyping means the development of any physical or virtual model used to evaluate the technical or manufacturing feasibility or military utility of a technology, process, concept, end item, or system.
Not later than 30 days after the date of the enactment of this Act, the Chair of the Nuclear Weapons Council shall initiate within the Nuclear Weapons Council a review of the Enterprise Blueprint and assess—
the adequacy of the projected future infrastructure to meet anticipated Department of Defense requirements; and
the feasibility of executing the Enterprise Blueprint for a period of 25 years beginning on the date of the enactment of this Act.
Not later than June 1, 2026, the Chair of the Nuclear Weapons Council, acting through the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs, shall submit to the congressional defense committees a report on—
the conclusions of the review and assessment described in subsection (a);
any recommended modifications to the infrastructure recapitalization plans or future capabilities described in the Enterprise Blueprint necessary to meet future Department of Defense requirements; and
any other information the Chair determines to be relevant.
The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
In this section:
The term Nuclear Weapons Council means the council established by section 179 of title 10, United States Code.
The term Enterprise Blueprint means the document entitled NNSA Enterprise Blueprint, published in October 2024 by the Department of Energy and the National Nuclear Security Administration.
Section 4713 of the Atomic Energy Defense Act (50 U.S.C. 2753) is amended—
in subsection (a)—
in paragraph (1)(A), in the first sentence, by inserting prior to entry into Phase 6.3 or Phase 3, as appropriate after Administration; and
in paragraph (2)(A), by inserting prior to entry into Phase 6.3 after project; and
in subsection (c)(2)—
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
by inserting after subparagraph (A) the following new subparagraph (B):
the results of the review conducted by the Director of Cost Estimating and Program Evaluation are consistent with section 3221(d)(1)(F) of the National Nuclear Security Administration Act (50 U.S.C. 2411(d)(1)(F)).
Section 4510(e)(1)(C) of the Atomic Energy Defense Act (50 U.S.C. 2661(e)(1)(C)) is amended to read as follows:
owned by or contracted to the National Nuclear Security Administration, including any facility that stores or uses special nuclear material; or
a national security laboratory or nuclear weapons production facility.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 2701(c)(1)) is amended by striking 2026 and inserting 2036.
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 section:
Funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026, or any subsequent fiscal year, for the Administration for the purposes of conducting research and development of artificial intelligence technologies, executing a program to develop or manage the application of such technologies, or developing, acquiring, or sustaining any associated computing hardware or supporting infrastructure may only be used to support the nuclear security missions of the Administration.
The limitation described in subsection (a) shall not be interpreted—
to prohibit the establishment of an enduring national security artificial intelligence research and development program in any component of the Department of Energy other than the Administration or in any other Federal agency; or
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 an enduring national security artificial intelligence research and development program or activity, if such support is provided—
on a full cost recovery basis, including any associated infrastructure or utility costs, to an entity that is not a component of the Department of Energy; and
in a manner that does not interfere with the nuclear security mission of such laboratory or facility.
The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4815 the following new item:
Any position of the Department of Energy requiring the performance of duties funded under Office of Management and Budget functional subcategory 053, Atomic Energy Defense Activities, shall be considered as a position that is necessary to meet national security responsibilities.
Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy shall—
develop and implement program performance metrics for the Office of Environmental Management (referred to in this section as the Office), in addition to the program performance metrics identified in the plan published by the Office of Environmental Management entitled EM Program Plan 2022; and
revise the program performance metrics identified in the EM Program Plan 2022 in accordance with the requirements of subsection (b).
The program performance metrics described in subsection (a) shall incorporate the following elements:
Each metric shall—
align with the goals and mission of the Department of Energy (referred to in this section as the Department) and the Office;
link to the other metrics developed or revised under subsection (a) and any other existing performance metrics of the Department and the Office; and
be clearly communicated throughout the Department and the Office.
Each metric shall be clear and the name and definition of such metric shall be consistent with the methodology used to calculate the metric.
Each metric shall have a numerical goal.
Each metric shall be reasonably free from significant bias or manipulation.
Each metric shall produce the same result under similar conditions.
The metrics shall cover the activities that the Office is expected to perform to support its mission.
Each metric shall provide new information beyond any information provided by other metrics.
The metrics shall ensure that various priorities of the Office are covered.
Each metric shall incorporate an effectiveness measure, such as quality, timeliness, and cost of service.
The program performance metrics described in subsection (a) shall—
give first priority to addressing any issues posing an immediate risk to human health or the environment;
give second priority, as appropriate, to addressing issues based on achieving the highest risk reduction benefit per radioactive or hazardous content removed; and
measure the amount of radioactivity or hazardous content removed, as determined by—
curies, rads, or rems;
pounds of hazardous content removed; or
such other appropriate measure.
Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter until 2036, the Secretary of Energy shall submit to the congressional defense committees a report describing the outcomes achieved under the program performance metrics described in subsection (a) for each fiscal year covered by such report.
Each report shall identify the cost per curie, rad, or rem of radioactivity and cost per pound of hazardous content removed program-wide, by site, and by mission area.
Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy shall develop a complex-wide analysis to identify optimal disposal pathways and schedules for defense radioactive waste produced by the Department of Energy and its predecessor agencies and managed by the Office of Environmental Management.
The analysis required by paragraph (1) shall—
incorporate modeling to identify optimal disposal pathways and schedules that could be achieved—
considering regulatory constraints; and
if key regulatory constraints were lifted or altered; and
identify strategic alternatives to radioactive waste disposal plans and schedules.
Not later than 15 months after the date of the enactment of this Act, the Secretary of Energy shall develop an integrated, nationwide radioactive waste disposal plan.
The plan required by paragraph (1) shall—
include, to the maximum extent practicable, optimal radioactive waste disposal pathways and schedules identified through the analysis conducted pursuant to subsection (a);
identify specific opportunities for further optimization of radioactive waste disposal pathways and schedules that might be achieved through changes in regulatory constraints;
address complex-wide disposal issues, such as waste with no disposal pathway; and
incorporate feedback from key stakeholders, including Federal and State regulators and operators of radioactive waste disposal facilities.
Not later than 18 months after the date of the enactment of this Act, the Secretary of Energy shall establish a forum for Federal and State agencies that regulate radioactive waste cleanup and disposal activities by the Office of Environmental Management.
The forum established pursuant to paragraph (1) shall holistically negotiate regulatory and other changes that could allow the Department of Energy to implement opportunities for optimal radioactive waste disposal identified pursuant to subsection (b).
Not later than 2 years after the date of the enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees a report on the results of the optimization analysis required by subsection (a), the nationwide disposal plan required by subsection (b), and the initial activities of the forum established pursuant to subsection (c).
In this section:
The term complex means the set of sites across the United States where radioactive waste cleanup and disposal activities are managed by the Office of Environmental Management.
The term integrated means inclusive of all radioactive waste across the complex.
The term optimal means the best possible outcome, such as the lowest cost or highest profit, while following specific rules and limitations.
The term regulatory constraints means requirements included in regulations or agreements with regulators that affect decisions regarding radioactive waste disposal pathways and schedules by the Office of Environmental Management that could reasonably be the subject of negotiation with Federal or State regulatory agencies.
Not later than February 15, 2026, and annually thereafter until February 15, 2046, the Administrator for Nuclear Security shall submit to the appropriate congressional committees a report on future activities and resources for the delivery of specialized infrastructure with demands across the nuclear stockpile, global security, and naval nuclear propulsion missions, which shall include the following:
An assessment of infrastructure investments necessary in the 5 fiscal years following the fiscal year of the report, including—
the cost estimates and schedules for such infrastructure investments;
the impacts to workforce requirements of the Administration;
the status of any reviews required by the National Environmental Policy Act for such infrastructure investments;
an explanation of the targeted needs addressed by such infrastructure investments; and
a summary of progress made towards achieving such infrastructure investments.
For fiscal year 2027 and each subsequent fiscal year, an explanation of any changes in cost estimates and schedules for the projects listed in the assessment required by paragraph (1) for the prior fiscal year.
An assessment of infrastructure investments necessary in the 6 to 15 fiscal years following the fiscal year of the report, including—
an estimated schedule for such infrastructure investments; and
an explanation of the targeted needs addressed by such infrastructure investments.
For fiscal year 2027 and each subsequent fiscal year, an explanation of any changes in cost estimates and schedules for the projects listed in the assessment required by paragraph (3) for the prior fiscal year.
An assessment of the infrastructure investments necessary in the 16 to 25 fiscal years following the fiscal year of the report, including an explanation of the targeted needs such infrastructure investments are addressing.
For fiscal year 2027 and each subsequent fiscal year, an explanation of any changes in cost estimates and schedules for the projects listed in the assessment required by paragraph (5) for the prior fiscal year.
Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
In this section:
The term Administration means the National Nuclear Security Administration.
The term appropriate congressional committees means—
the Committee on Armed Services and the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; and
the Committee on Armed Services and the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives.
The term specialized infrastructure means any facility—
that supports the nuclear stockpile mission, including capabilities to handle and process—
special nuclear materials;
radioactive, hazardous, and specialized materials;
non-nuclear unique components; and
assembled nuclear weapons;
that supports the global security mission of the Administration; or
that supports naval spent fuel management, nuclear material testing and examination, and functional nuclear laboratory consolidation for naval nuclear propulsion.
Not later than 90 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall develop a plan—
to accelerate and modernize Material Staging Capabilities to replace aged, over-subscribed facilities within the nuclear security enterprise, which shall include a description of all phases and an estimate of the costs required to carry out such plan; and
to accelerate near-term Critical Decisions milestones in fiscal year 2026.
The Administrator for Nuclear Security shall carry out the plan required by subsection (a) concurrently with an infrastructure modernization program for high explosives capabilities, including continued construction of the High Explosives Synthesis Formulation and Production facility (21-D-510).
Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall brief the appropriate congressional committees on the Material Staging Capabilities plan required by subsection (a).
In this subsection, the term appropriated congressional committees means—
the Committee on Armed Services and the Committee on Appropriations of the Senate; and
the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
There are authorized to be appropriated for fiscal year 2026, $45,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
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.
A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
be based on merit-based selection procedures in accordance with the requirements of sections 3201 and 4024 of title 10, United States Code, or on competitive procedures; and
comply with other applicable provisions of law.
An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
This section applies to any classified annex that accompanies this Act.
No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
To the maximum extent practicable, the Secretary of Defense shall use existing hypersonic testing facilities or hypersonic testing facilities currently undergoing refurbishment, including those owned by other departments and agencies, for testing related to the development of hypersonic systems.
The text of section 223 is hereby deemed to read as follows:
To assess impact effectiveness and increase the cadence of testing and training for long-range and hypersonic systems, the Secretary of Defense shall, acting through the Under Secretary of Defense for Research and Engineering and the Director of the Test Resource Management Center and in consultation with requirements owners of long-range and hypersonic systems of the Armed Forces, evaluate—
the comparative advantages of episodic and permanent special activity airspace designated by the Federal Aviation Administration for use by the Department of Defense suitable for the test and training of long-range and hypersonic systems;
requirements for continental test ranges, including—
attributes, including live, virtual, and constructive capabilities;
scheduling and availability;
safety;
end strength;
facilities, infrastructure, radar, and related systems;
launch locations including—
Bearpaw Air Traffic Control Assigned Airspace, Montana;
Mountain Home Range Complex, Idaho;
Fallon Range Training Complex, Nevada;
Utah Test and Training Range, Utah;
Nevada Test and Training Range, Nevada;
Green River Test Complex, Utah; and
White Sands Missile Range, New Mexico;
impact areas within the White Sands Missile Range, New Mexico; and
such other characteristics as the Secretary considers appropriate; and
potential enhancements to existing National Aeronautics and Space Administration facilities needed to enable use of these facilities by the Department of Defense for testing and research of hypersonic systems.
Not later than December 1, 2026, the Secretary shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the findings of the Secretary with respect to the evaluation conducted pursuant to subsection (a), including an assessment of the completion date.
In this section:
The term impact area means the point at which a test terminates.
The term launch location means the point from which a test is initiated.
Not later than February 1, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the progress and strategy of the Department of Defense for accelerating adoption of graphite oxide-based firefighting foams.
The report required by subsection (a) shall include the following:
A summary of current testing, evaluation, and certification efforts for graphite oxide-based firefighting foams, including performance data and environmental assessments.
An identification of any remaining technical, regulatory, or logistical barriers to full-scale adoption of such foams, along with proposed mitigation strategies.
A timeline for the phased replacement throughout the Department of firefighting foams containing perfluoroalkyl or polyfluoroalkyl substances with graphite oxide-based alternatives.
A description of interagency coordination and partnerships with industry and academia to ensure such foams meet relevant safety, operational, and environmental standards for military use.
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, 2025 and inserting December 31, 2026.
The following sections of title 10, United States Code, are amended by striking December 31, 2025 and inserting December 31, 2026:
Section 2130a(a)(1), relating to nurse officer candidate accession program.
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
Section 333(i) of title 37, United States Code, is amended by striking December 31, 2025 and inserting December 31, 2026.
The following sections of title 37, United States Code, are amended by striking December 31, 2025 and inserting December 31, 2026:
Section 331(h), relating to general bonus authority for enlisted members.
Section 332(g), relating to general bonus authority for officers.
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
Section 351(h), relating to hazardous duty pay.
Section 352(g), relating to assignment pay or special duty pay.
Section 353(i), relating to skill incentive pay or proficiency bonus.
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
Section 403(b) of title 37, United States Code, is amended—
in paragraph (7)(E), relating to an area covered by a major disaster declaration or containing an installation experiencing an influx of military personnel, by striking December 31, 2025 and inserting December 31, 2026; and
in paragraph (8)(C), relating to an area where actual housing costs differ from current rates by more than 20 percent, by striking December 31, 2025 and inserting December 31, 2026.
It is the sense of Congress that—
members of the Armed Forces and their families deserve access to affordable and healthy food options, including during their duty day;
there has been increased awareness about the challenges members and their families face in accessing affordable and healthy food options;
those challenges have been especially acute for unaccompanied junior enlisted members who live in government-provided quarters on military installations; and
the Department of Defense should explore a variety of proposals for expanding the accessibility of healthy and affordable food options to members, especially members who live in unaccompanied housing on military installations.
The Secretary of Defense may conduct a pilot program to assess the efficacy of providing junior enlisted members of the Armed Forces a monthly coupon for use in procuring food at commissaries.
The Secretary may conduct the pilot program authorized by paragraph (1) at 2 military installations.
In selecting installations for the pilot program authorized by paragraph (1), the Secretary shall consider installations with—
large numbers of enlisted members who live in unaccompanied housing;
the largest ratios of enlisted members to commissioned officers;
unaccompanied housing that provides access to functioning kitchens that residents may use to prepare meals;
commissaries that are experimenting with or expanding their selection of nutritious and minimally processed ready-made and easy-to-make food options;
low rates of attendance at dining facilities;
low customer satisfaction ratings for dining facilities, including installations with complaints about dining facilities submitted through the Interactive Customer Evaluation system of the Department of Defense; and
commissaries located within easily accessible distances from unaccompanied housing.
The Secretary may determine the amount of the coupons to be provided under the pilot program authorized by paragraph (1).
A coupon provided under the pilot program authorized by paragraph (1) may be used only to purchase food at commissaries.
A coupon provided under the pilot program authorized by paragraph (1) may not be used—
to purchase alcoholic beverages or tobacco; or
to pay any deposit fee in excess of the amount of the State fee reimbursement (if any) required to purchase any food or food product contained in a returnable bottle or can, without regard to whether the fee is included in the shelf price posted for the food or food product.
A coupon provided to a member under the pilot program authorized by paragraph (1) shall be supplement and not supplant—
the basic allowance for subsistence under section 402 of title 37, United States Code; and
any program to provide meals or rations in kind for which the member is eligible.
The pilot program authorized by paragraph (1) shall terminate not later than one year after the pilot program commences.
Not later than 90 days after the termination under paragraph (4) of the pilot program authorized by paragraph (1), the Secretary of Defense shall submit to the congressional defense committees a report detailing the results of the pilot program.
The report required by subparagraph (A) shall include an assessment of the following:
The use of coupons by members who received coupons under the pilot program.
The satisfaction of and feedback from such members relating to the coupons.
The impact of providing the coupons on—
the rates at which such members used commissaries; and
the rates at which such members used dining facilities on their installations.
Historical rates of use of dining facilities on installations and historical customer satisfaction metrics for such facilities, including the number of complaints with respect to such facilities submitted through the Interactive Customer Evaluation system of the Department of Defense.
The efficacy of the pilot program in—
reducing food insecurity rates among junior enlisted members;
increasing the availability of nutritious food options for such members at commissaries; and
increasing the availability of nutritious food options for such members generally, including such members living in unaccompanied housing.
In this section:
The term coupon means a voucher or monetary benefit for a member of the Armed Forces that may be used only at a commissary for the purchase of food.
The term food means any food or food product intended for home consumption, including a ready-made food item.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on how the use of other transaction agreements can expedite development of medical prototypes for assessment by end-user communities to address capability gaps in medical research by leveraging subject matter expertise, infrastructure, and resources to include developing, testing, and fielding prototype technologies and solutions for the military health system.
The briefing required under subsection (a) shall include an update on the following:
Current medical research and development efforts to support the health and readiness of members of the Armed Forces.
Efforts of the Department of Defense to establish partnerships with small businesses, academic institutions, and industry to facilitate the advancement of medical concepts and prototypes to protect, treat, and optimize health, performance, and survivability of members of the Armed Forces.
How the Department is addressing critical gaps in combat casualty care, including trauma care delivery, musculoskeletal injury, and wound management.
Not later than December 1, 2026, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing recommendations on how to integrate lifestyle and performance medicine and behaviors (such as diet, exercise, and sleep) throughout the Department of Defense to support the health and military readiness of members of the Armed Forces.
The Secretary of Defense, in coordination with Secretary of Veterans Affairs, shall evaluate—
the results of completed research related to menopause, perimenopause, or mid-life women’s health among women who are members of the uniformed services or veterans;
the status of such research that is ongoing;
any gaps in knowledge and research on—
treatments for menopause-related symptoms, including hormone and non-hormone treatments;
the safety and effectiveness of treatments for menopause-related symptoms;
the relation of service in the uniformed services to perimenopause and menopause and the impact of such service on perimenopause and menopause; and
the impact of perimenopause and menopause on the mental health of women who are members of the uniformed services or veterans;
the availability of and uptake of professional training resources for covered providers relating to mid-life women’s health with respect to the care, treatment, and management of perimenopause and menopausal symptoms, and related support services; and
the availability of and uptake of treatments for women who are members of the uniformed services or veterans who are experiencing perimenopause or menopause.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall each submit to Congress a report containing—
the findings of the evaluation conducted under subsection (a);
recommendations for improving professional training resources described in subsection (a)(4) for covered providers; and
a strategic plan that—
resolves the gaps in knowledge and research identified in the report; and
identifies topics in need of further research relating to potential treatments for menopause-related symptoms of women who are members of the uniformed services or veterans.
In carrying out activities under this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that such activities minimize duplication and supplement, not supplant, existing information-sharing efforts of the Department of Health and Human Services.
It is the sense of Congress that the Secretary of Defense and the Secretary of Veterans Affairs should each conduct research related to menopause, perimenopause, or mid-life health regarding women who are members of the uniformed services or veterans.
In this section:
The term covered provider means a health care provider employed by the Department of Defense or the Department of Veterans Affairs.
The termmenopause means the stage of a woman’s life—
when menstrual periods stop permanently and she can no longer get pregnant; and
that is not a disease state, but a normal part of aging for women.
The termmid-life means a life stage that—
coincides with the menopausal transition in women, which may be physical or emotional;
encompasses the late reproductive age, which can begin at approximately 35 years of age, to the late postmenopausal stages of reproductive aging, which can extend to approximately 65 years of age; and
often marks the onset of many chronic diseases.
The term perimenopause means the time during a woman's life when levels of the hormone estrogen fall unevenly in a woman’s body and is also called the menopausal transition.
The term postmenopausal means the stage of a woman's life after a woman has been without a menstrual period for 12 months that lasts for the rest of a woman’s life and reflects a time when women are at increased risk for osteoporosis and heart disease.
The text of section 868 is hereby deemed to read as follows:
The following provisions are hereby repealed:
Section 3070 of title 10, United States Code.
Section 874 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. note prec. 3101).
Section 810 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 3101).
Section 3106 of title 10, United States Code.
Section 8688 of title 10, United States Code.
Subsections (a)–(c) of section 804 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4356).
Section 822 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. note prec. 3201).
Section 892 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 3201 note).
Section 805 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 3201 note).
Section 802 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 3206 note).
Section 3208 of title 10, United States Code.
Section 852 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. note prec. 3241).
Subsections (a)–(f) of section 866 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 3241).
Section 143 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. note prec. 3241).
Section 254 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. note prec. 3241).
Section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 3241).
Section 851 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. note prec. 3241).
Section 314 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. note prec. 3241).
Section 826 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 10 U.S.C. note prec. 3241).
Section 806 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 U.S.C. note prec. 3241).
Section 368 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 3303 note).
Section 875 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. note prec. 3344 ).
Section 816 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. note prec. 3344).
Section 3373 of title 10, United States Code.
Section 883 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 3372 note).
Section 3455 of title 10, United States Code.
Section 3678 of title 10, United States Code.
Section 133 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 3678 note).
Section 891 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 3804 note).
Section 380 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note).
Section 1056 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4001 note).
Section 1603 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 4007 note).
Section 1089 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 4025 note).
Section 812 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. note prec. 4061).
Section 235 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4126 note).
Section 252 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. note prec. 4141).
Section 1043 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 4174 note).
Section 828 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4201).
Section 1252 of the Defense Procurement Reform Act of 1984 (Public Law 98–525; 10 U.S.C. 4205 note).
Section 812 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 4211).
Section 806 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. note prec. 4211).
Section 818 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. note prec. 4231).
Section 802(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4251 note).
Section 4271 of title 10, United States Code.
Section 814 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 4271 note).
Section 925(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4271 note).
Section 812 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 4325 note).
Section 4423 of title 10, United States Code.
Section 831(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 4501).
Section 863(a)–(h) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. note prec. 4501).
Section 832 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. note prec. 4501).
Section 883(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4571).
Section 938 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. note prec. 4571).
Section 1272 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 4571 note).
Section 2867 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 4571 note).
Section 215 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 4571 note).
Section 881 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 4571 note).
Section 804 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 4571 note).
Chapter 345 of title 10, United States Code.
Section 378 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 113 note).
Section 846(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4811 note).
Section 932 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2224 note).
Section 849 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1487).
Section 804 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2402).
Section 881 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4601).
Section 802 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. note prec. 3062).
Section 913 of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 10 U.S.C. note prec. 3201).
Section 821 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 3451).
Section 824(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 3774 note).
Section 805 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 3451).
Section 844(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3453 note).
Section 238(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 4841 note).
Subtitle D of title II of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3175).
Section 214 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 4841 note).
Section 218 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 8013 note).
Section 229 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4001 note).
Section 232 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4001 note).
Section 222 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4014 note).
Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).
Section 843 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4171).
Section 938 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. note prec. 4571).
Section 1651 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4571 note).
Section 1064 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4571 note).
Section 854 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. 4571 note).
The text of section 874 is hereby deemed to read as follows:
The Secretary of Defense shall—
track the impact of economic fluctuations, include tariffs, supply chain disruptions and inflation, on all major prime contracts entered into by the Department of Defense; and
not later than January 30, 2026, submit to the congressional defense committees a report that includes—
an assessment of cost increases to both the Department and contractors as a result of tariffs imposed under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862);
an assessment of the effects of such tariffs on supply chains and lead times for major defense platforms; and
a summary of agreements entered into under section 4851 of title 10, United States Code, and an assessment of the application of those agreements to the defense supply chain.
The text of section 1033 is hereby deemed to read as follows:
Subsection (h) of section 284 of title 10, United States Code, is amended—
in paragraph (1)—
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
by inserting before subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph:
In the case of support for a purpose described in subsection (b)—
the agency to which support is provided;
the budget, and anticipated delivery schedule for support;
the source of funds provided for the project or purpose;
a description of the arrangements, if any, for the sustainment of the project or purpose and the source of funds to support sustainment of the capabilities and performance outcomes achieved using such support, if applicable;
a description of the objectives for the project or purpose; and
information, including the amount, type, and purpose, about the support provided the agency during the three fiscal years preceding the fiscal year for which the support covered by the notice is provided under this section with respect to—
this section;
counterdrug activities authorized by section 1033 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1811); or
any other significant program, account, or activity for the provision of security assistance that the Secretary of Defense and the Secretary of State consider appropriate. and
in paragraph (3)(B)(i), by striking the Committees on Armed Services of the Senate and House of Representatives and inserting the congressional defense committees.
Section 793 of title 18, United States Code, is amended by inserting video, after photographic negative, each place such term appears.
Not later than 1 year after the date of the enactment of this Act, the Securities and Exchange Commission shall—
conduct a study on the transparency and cooperation regarding—
brokers and dealers that are a member of a national securities association and registered with the Securities and Exchange Commission that are controlled by or organized under the laws of the People’s Republic of China; and
investment advisors registered with the Securities and Exchange Commission and controlled by or organized under the laws of the People’s Republic of China; and
submit to Congress a report that includes the results of the study conducted under paragraph (1).
This section may be cited as the International Nuclear Energy Act of 2025.
In this section:
The term advanced nuclear reactor means—
a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to reactors operating on October 19, 2016, including improvements such as—
additional inherent safety features;
lower waste yields;
improved fuel and material performance;
increased tolerance to loss of fuel cooling;
enhanced reliability or improved resilience;
increased proliferation resistance;
increased thermal efficiency;
reduced consumption of cooling water and other environmental impacts;
the ability to integrate into electric applications and nonelectric applications;
modular sizes to allow for deployment that corresponds with the demand for electricity or process heat; and
operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage;
a fusion machine (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)); and
a radioisotope power system that utilizes heat from radioactive decay to generate energy.
The term ally or partner nation means—
the Government of any country that is a member of the Organisation for Economic Co-operation and Development;
the Government of the Republic of India; and
the Government of any country designated as an ally or partner nation by the Secretary of State for purposes of this section.
The term appropriate committees of Congress means—
the Committees on Foreign Relations, Homeland Security and Governmental Affairs, and Energy and Natural Resources of the Senate; and
the Committees on Foreign Affairs and Energy and Commerce of the House of Representatives.
The term associated entity means an entity that—
is owned, controlled, or operated by—
an ally or partner nation; or
an associated individual; or
is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph.
The term associated individual means a foreign national who is a national of a country described in paragraph (2).
The term civil nuclear means activities relating to—
nuclear plant construction;
nuclear fuel services;
nuclear energy financing;
nuclear plant operations;
nuclear plant regulation;
nuclear medicine;
nuclear safety;
community engagement in areas in reasonable proximity to nuclear sites;
infrastructure support for nuclear energy;
nuclear plant decommissioning;
nuclear liability;
safe storage and safe disposal of spent nuclear fuel;
environmental safeguards;
nuclear nonproliferation and security; and
technology related to the matters described in subparagraphs (A) through (N).
The term embarking civil nuclear nation means a country that—
does not have a civil nuclear energy program;
is in the process of developing or expanding a civil nuclear energy program, including safeguards and a legal and regulatory framework, for—
nuclear safety;
nuclear security;
radioactive waste management;
civil nuclear energy;
environmental safeguards;
community engagement in areas in reasonable proximity to nuclear sites;
nuclear liability; or
advanced nuclear reactor licensing;
is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced civil nuclear technologies; or
is eligible to receive development lending from the World Bank.
The term embarking civil nuclear nation does not include—
the People’s Republic of China;
the Russian Federation;
the Republic of Belarus;
the Islamic Republic of Iran;
the Democratic People’s Republic of Korea;
the Republic of Cuba;
the Bolivarian Republic of Venezuela;
Burma; or
any other country—
the property or interests in property of the government of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism for purposes of—
section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a));
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d));
section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or
any other relevant provision of law.
The term National Energy Dominance Council means the National Energy Dominance Council established within the Executive Office of the President under Executive Order 14213 (90 Fed. Reg. 9945; relating to establishing the National Energy Dominance Council).
The term Secretary means the Secretary of Energy.
The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
The term U.S. nuclear energy company means a company that—
is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and
is involved in the nuclear energy industry.
There is established a working group, to be known as the Nuclear Exports Working Group (referred to in this subsection as the working group).
The working group shall be composed of—
senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any Federal agency or organization that the President determines to be appropriate; and
other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate.
The working group shall report to the President or 1 or more Federal officials designated by the President, if applicable.
The working group shall coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-year civil nuclear trade strategy described in paragraph (5)(A).
Not later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions and prevent the dissemination of nuclear technology, materials, and weapons to adversarial nations and terrorist groups.
In establishing the strategy under subparagraph (A), the working group shall collaborate with—
any Federal agency that the President determines to be appropriate; and
representatives of private industry and experts in nuclear security and risk reduction, as appropriate.
The President shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach to embarking civil nuclear nations.
In carrying out the initiative described in paragraph (1), the President, acting through an appropriate Federal official, and in coordination with the officials described in subparagraph (B), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear nations.
The officials referred to in subparagraph (A) are—
appropriate officials of any Federal agency that the President determines to be appropriate; and
appropriate officials representing foreign countries and governments, including—
ally or partner nations;
embarking civil nuclear nations; and
any other country or government that the President (or 1 or more Federal officials designated by the President) and the officials described in clause (i) jointly determine to be appropriate.
In carrying out the initiative described in paragraph (1), the President shall—
assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy and other relevant Federal agencies and offices in providing education and training to foreign governments in nuclear safety, security, and safeguards—
through engagement with the International Atomic Energy Agency; or
independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently;
assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear nations for nuclear safety, security, and safeguards;
coordinate with appropriate Federal departments and agencies on efforts to expand outreach to the private investment community and establish public-private financing relationships that enable the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States;
seek to better coordinate, to the maximum extent practicable, the work carried out by any Federal agency that the President determines to be appropriate; and
coordinate with the Export-Import Bank of the United States to improve the efficient and effective exporting and importing of civil nuclear technologies and materials.
The President shall designate an appropriate White House official to coordinate with the officials described in subsection (d)(2)(B) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to assist in the adoption of civil nuclear technologies exported from the United States or ally or partner nations to embarking civil nuclear nations.
In this paragraph, the term United States competitiveness clause means any United States competitiveness provision in any agreement entered into by the Department of Energy, including—
a cooperative agreement;
a cooperative research and development agreement; and
a patent waiver.
In carrying out paragraph (1), the relevant officials described in that paragraph shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that paragraph.
The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under paragraph (1).
Not later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy.
The meetings described in paragraph (1) shall include—
a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on U.S. nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing energy security and environmental impacts; and
a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to—
the demonstration and deployment of advanced nuclear reactors; and
the development of cooperative research facilities.
In conducting the meetings described in paragraph (1), the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the heads of other relevant Federal agencies and only after initial consultation with the appropriate committees of Congress, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings.
Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is amended—
in the matter preceding paragraph (1), by striking The Secretary and inserting the following:
The Secretary
in subsection (a) (as so designated)—
in paragraph (1)—
by striking financing,; and
by striking and after the semicolon at the end;
in paragraph (2)—
in subparagraph (A), by striking preparations for; and
in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
to support, with the concurrence of the Secretary of State, the safe, secure, and peaceful use of civil nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and
to promote the fullest utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in subsection (b) of the International Nuclear Energy Act of 2025) in civil nuclear energy programs outside the United States through—
bilateral and multilateral arrangements developed and executed with the concurrence of the Secretary of State that contain commitments for the utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in that subsection);
the designation of 1 or more U.S. nuclear energy companies (as defined in that subsection) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; and
the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section.
by adding at the end the following:
The program under subsection (a) shall be supported in consultation with the Secretary of State and implemented by the Secretary—
to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as—
training;
financing;
safety;
security;
safeguards;
liability;
advanced fuels;
operations; and
options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)); and
in coordination with any Federal agency that the President determines to be appropriate.
Of funds appropriated or otherwise made available to the Secretary to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) in fiscal years 2026 through 2030, the Secretary may use $15,500,000 to carry out this section.
Not later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, shall launch an international initiative (referred to in this subsection as the initiative) to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this subsection, embarking civil nuclear nations for activities relating to the development of civil nuclear energy programs.
In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to award grants of financial assistance in amounts not greater than $5,500,000 to embarking civil nuclear nations in accordance with this paragraph—
for activities relating to the development of civil nuclear energy programs; and
to facilitate the building of technical capacities for those activities.
The Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, may award—
not more than 1 grant of financial assistance under subparagraph (A) to any 1 embarking civil nuclear nation each fiscal year; and
not more than a total of 5 grants of financial assistance under subparagraph (A) to any 1 embarking civil nuclear nation.
In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to provide financial assistance to an embarking civil nuclear nation for the purpose of contracting with a U.S. nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear nation in establishing a civil nuclear program.
A senior advisor described in subparagraph (A) shall have relevant experience and qualifications to advise the embarking civil nuclear nation on, and facilitate on behalf of the embarking civil nuclear nation, 1 or more of the following activities:
The development of financing relationships.
The development of a standardized financing and project management framework for the construction of nuclear power plants.
The development of a standardized licensing framework for—
light water civil nuclear technologies; and
non-light water civil nuclear technologies and advanced nuclear reactors.
The identification of qualified organizations and service providers.
The identification of funds to support payment for services required to develop a civil nuclear program.
Market analysis.
The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program.
Risk allocation, risk management, and nuclear liability.
Technical assessments of nuclear reactors and technologies.
The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415).
Stakeholder engagement.
Management of spent nuclear fuel and nuclear waste.
Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements.
Financial assistance under this paragraph is authorized to be provided to an embarking civil nuclear nation in addition to any financial assistance provided to that embarking civil nuclear nation under paragraph (2).
Not later than 1 year after the date of enactment of this Act, the Offices of the Inspectors General for the Department of State and the Department of Energy shall coordinate—
to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this subsection to prevent fraud, waste, and abuse; and
to engage in independent and effective oversight of activities authorized under this subsection through joint or individual audits, inspections, investigations, or evaluations.
Of funds appropriated or otherwise made available to the Secretary of State to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) in fiscal years 2026 through 2030, the Secretary of State may use $50,000,000 to carry out this subsection.
The President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this subsection as a conference).
It is the sense of Congress that each conference should—
be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to—
nuclear safety, security, safeguards, and sustainability;
environmental safeguards; and
local community engagement in areas in reasonable proximity to nuclear sites; and
facilitate—
the development of—
joint commitments and goals to improve—
nuclear safety, security, safeguards, and sustainability;
environmental safeguards; and
local community engagement in areas in reasonable proximity to nuclear sites;
stronger international institutions that support nuclear safety, security, safeguards, and sustainability;
cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing;
a standardized financing and project management framework for the construction of civil nuclear power plants;
a standardized licensing framework for civil nuclear technologies;
a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects;
a document containing any lessons learned from countries that have partnered with the Russian Federation or the People’s Republic of China with respect to civil nuclear power, including any detrimental outcomes resulting from that partnership; and
a global civil nuclear liability regime;
cooperation for enhancing the overall aspects of civil nuclear power, such as—
nuclear safety, security, safeguards, and sustainability;
nuclear laws (including regulations);
waste management;
quality management systems;
technology transfer;
human resources development;
localization;
reactor operations;
nuclear liability; and
decommissioning; and
the development and determination of the mechanisms described in subparagraphs (G) and (H) of subsection (j)(1), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that subsection.
It is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to—
the safe and secure use, storage, and transport of nuclear and radiological materials;
managing the evolving cyber threat to nuclear and radiological security; and
the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste.
The President shall consider the feasibility of leveraging existing activities or frameworks or, as necessary, establishing a center, to be known as the Advanced Reactor Coordination and Resource Center (referred to in this subsection as the Center), for the purposes of—
identifying qualified organizations and service providers—
for embarking civil nuclear nations;
to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and
to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency;
coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under subsection (c)—
to identify funds to support payment for services required to develop a civil nuclear program;
to provide market analysis; and
to create—
project structure models;
models for electricity market analysis;
models for nonelectric applications market analysis; and
financial models;
identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program;
supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience;
developing and strengthening communications, engagement, and consensus-building;
carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program;
developing mechanisms for how to fund and staff the Center; and
determining mechanisms for the selection of the location or locations of the Center.
The President shall carry out paragraph (1) with the objective of establishing the Center if the President determines that it is feasible to do so.
There is established a working group, to be known as the Strategic Infrastructure Fund Working Group (referred to in this subsection as the working group) to provide input on the feasibility of establishing a program to support strategically important capital-intensive infrastructure projects.
The working group shall be composed of—
senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any Federal agency or organization that the President determines to be appropriate;
other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and
any senior-level Federal official selected by the President or 1 or more Federal officials designated by the President from any Federal agency or organization.
The working group shall report to the National Security Council.
The working group shall—
provide direction and advice to the officials described in subsection (d)(2)(B)(i) and appropriate Federal agencies, as determined by the working group, with respect to the establishment of a Strategic Infrastructure Fund (referred to in this paragraph as the Fund) to be used—
to support those aspects of projects relating to—
civil nuclear technologies; and
microprocessors; and
for strategic investments identified by the working group; and
address critical areas in determining the appropriate design for the Fund, including—
transfer of assets to the Fund;
transfer of assets from the Fund;
how assets in the Fund should be invested; and
governance and implementation of the Fund.
Not later than 180 days after the date of enactment of this Act, the working group shall brief the committees described in subparagraph (C) on the status of the development of the processes necessary to implement this subsection.
Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in subparagraph (C) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund.
The committees referred to in subparagraphs (A) and (B) are—
the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, the Committee on Finance, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.
The report submitted under subparagraph (B) shall include suggested legislative language requiring all expenditures from a Strategic Infrastructure Fund established in accordance with this subsection to be administered by the Secretary of State (or a designee of the Secretary of State).
The Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the U.S.-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis—
to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08–1206);
to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and
to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to paragraph (1)(A).
Except as expressly stated in this section, nothing in this section may be construed to alter or otherwise affect the interpretation or implementation of section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) or any other provision of law, including the requirement that agreements pursuant to that section be submitted to Congress for consideration.
This section and the amendments made by this section shall cease to have effect on the date that is 20 years after the date of enactment of this Act.
The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, the Assistant Secretary of State for Consular Affairs, or such other individual as the Secretary may designate, shall—
engage, to the extent practicable, Korean American families who wish to be reunited with family members residing in North Korea from which such Korean American families were divided after the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the Korean War Armistice Agreement ), in anticipation of future reunions for such families and family members, including in-person and video reunions; and
establish a private, internal national registry of the names and other relevant information of such Korean American families—
to facilitate such future reunions; and
to provide for a repository of information about such Korean American families and family members in North Korea, including information about individuals who may be deceased.
The Secretary of State may enter into agreements with Korean individuals and families, academic institutions, or other members of the public, as appropriate, to share, in whole or in part, information collected and housed in the database if—
the United States person whose personally identifiable information would be disclosed as a result of an agreement has provided consent to such disclosure; and
the agreement outlines reasonable steps and commitments to ensure that any information disclosed as a result of such agreement is—
kept private and confidential; and
will not be disclosed improperly to other parties outside the agreement.
The Secretary of State should take steps to ensure that any direct dialogue between the United States and North Korea includes progress towards holding future reunions for Korean American families and their family members in North Korea.
The Secretary of State shall consult with the Government of the Republic of Korea, as appropriate, in carrying out this subsection.
The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) a description of the consultations described in paragraph (2) conducted during the year preceding the submission of the report.
The reporting required under subparagraph (A) should include—
the status of the national registry established pursuant to subsection (a)(1)(B);
the number of individuals included on the registry who—
have met their family members in North Korea during previous reunions; and
have yet to meet their family members in North Korea;
a summary of responses by North Korea to requests by the United States Government to hold reunions of divided families; and
a description of actions taken by North Korea that prevent the emigration of family members of Korean American families.
In this section, 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.
Not later than 5 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary of Defense shall submit to Congress a report on food insecurity in the Armed Forces.
Paragraph (2) of section 34(i) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(i)) is amended—
in subparagraph (C), by striking and update not less frequently than once every 3 years thereafter,;
by redesignating subparagraphs (D) through (M) as subparagraphs (E) through (N), respectively; and
by inserting after subparagraph (C), the following new bsubparagraph:
to update the strategic plan developed under subparagraph (C) not less frequently than once every 4 years such that the planning cycle for the updates aligns with the planning cycle for updates to the National Strategy for Advanced Manufacturing required under section 102(c)(4) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622(c)(4)) to better ensure the Program reflects the priorities of the national strategy;
Such section is further amended—
in paragraph (3), by striking paragraph (2)(C) and inserting subparagraphs (C) and (D) of paragraph (2); and
in paragraph (4), by striking paragraph (2)(C) and inserting subparagraph (C) of paragraph (2) and any update to the plan required under subparagraph (D) of such paragraph.
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 4564(a)) is amended by striking September 30, 2025 and inserting September 30, 2026.
Section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611) is amended by inserting after subsection (p) the following:
The term informational material means any material that a person disseminating the material believes or has reason to believe will, or that the person intends to in any way, influence any agency or official of the Government of the United States or any section of the public within the United States with reference to—
formulating, adopting, or changing the domestic or foreign policies of the United States; or
the political or public interests, policies, or relations of a government of a foreign country or a foreign political party.
Section 4 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 614) is amended—
in the section heading, by striking political propaganda and inserting informational materials;
in subsection (b), by inserting that states the name of the foreign country in which the foreign principal is located, after on behalf of the foreign principal,; and
by striking subsection (e) and inserting the following:
It shall be unlawful for any person within the United States who is an agent of a foreign principal required to register under the provisions of this Act to transmit, convey, or otherwise furnish to any agency or official of the Government (including a Member or committee of either House of Congress) for or in the interests of such foreign principal any informational material or to request from any such agency or official for or in the interests of such foreign principal any information or advice with respect to any matter pertaining to the political or public interests, policies, or relations of a foreign country or of a political party or pertaining to the foreign or domestic policies of the United States unless the informational material or the request is prefaced or accompanied by a true and accurate statement to the effect that such person is registered as an agent of such foreign principal under this Act.
Section 11 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 621) is amended by striking political propaganda and inserting informational material.
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended—
in section 605A(k) (15 U.S.C. 1681c–1(k))—
by striking paragraph (1) and inserting the following:
In this subsection:
The term armed forces has the meaning given the term in section 101(a) of title 10, United States Code.
The term armed forces member consumer means a consumer who, regardless of duty status, is a member of the armed forces.
in paragraph (2)(A), by striking active duty military consumer and inserting armed forces member consumer; and
in section 625(b)(1)(K) (15 U.S.C. 1681t(b)(1)(K)), by striking active duty military consumers and inserting armed forces member consumers.
The amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act.
This section may be cited as the Preventing Adversary Influence, Disinformation, and Obscured Foreign Financing Act of 2025 or the PAID OFF Act of 2025.
Section 3 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613), is amended—
in the matter preceding subsection (a), by inserting , except as provided in subsection (i) after principals; and
by adding at the end the following:
The exemptions under subsections (d)(1), (d)(2), and (h) shall not apply to any agent of a foreign principal that is a corporate or government entity that is owned or controlled by 1 or more of the identified countries listed in clauses (i) through (v) of section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)).
Section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) is amended—
by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
by inserting after paragraph (5) the following:
The Secretary of State may, in consultation with the Attorney General, propose the addition or deletion of countries described in paragraph (1)(A).
Any proposal described in subparagraph (A) shall—
be submitted to the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives; and
become effective upon enactment of a joint resolution of approval as described in subparagraph (C).
For purposes of subparagraph (B)(ii), the term joint resolution of approval means only a joint resolution—
that does not have a preamble;
that includes in the matter after the resolving clause the following: That Congress approves the modification of the definition of country of concern under section 1(m) of the State Department Basic Authorities Act of 1956, as submitted by the Secretary of State on ____; and section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)) is amended by ______., the blank spaces being appropriately filled in with the appropriate date and the amendatory language required to modify the list of countries in paragraph (1)(A) of this subsection by adding or deleting 1 or more countries; and
the title of which is as follows: Joint resolution approving modifications to definition of country of concern under section 1(m) of the State Department Basic Authorities Act of 1956..
A resolution described in clause (i) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate.
A resolution described in clause (i) that is introduced in the House of Representatives shall be referred to the Committee on the Judiciary of the House of Representatives.
The amendments made by this section shall terminate on the date that is 5 years after the date of enactment of this Act.
Notwithstanding any other provision of law, the Administrator of the National Aeronautics and Space Administration may enter into an agreement, as appropriate, with the Town of Chincoteague, Virginia, for a period of up to five years, for reimbursement of the Town of Chincoteague's costs directly associated with—
the development of a plan for removal of drinking water wells currently situated on property administered by the National Aeronautics and Space Administration; and
the establishment of alternative drinking water wells on property under the administrative control, through lease, ownership, or easement, of the Town of Chincoteague.
An agreement under subsection (a) shall include, to the extent practicable—
a provision for the removal and relocation of the three remaining wells described in that subsection;
a description of the location of the site to which such wells will be relocated or are planned to be relocated; and
a current estimated cost of such relocation, including for the purchase, lease, or use of additional property, engineering, design, permitting, and construction.
Not later than 18 months after the date of the enactment of this Act, the Administrator of the National Aeronautics and Space Administration, in coordination with the heads or other appropriate representatives of relevant entities, shall submit to the appropriate committees of Congress any agreement entered into under subsection (a).
In this section, the term appropriate committees of Congress means—
the Committee on Commerce, Science, and Transportation of the Senate; and
the Committee on Science, Space, and Technology of the House of Representatives.
Not later than 180 days after the date of enactment of this Act, the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, in consultation with the Chair of the Federal Deposit Insurance Corporation, Board of Governors of the Federal Reserve, the Comptroller of the Currency, and the Chair of the National Credit Union Administration, shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the feasibility of implementing artificial intelligence into anti-money laundering investigations relating to activity by foreign terrorist organizations, drug cartels, and other transnational criminal organizations that addresses the following:
The types of investigations in which artificial intelligence would be helpful.
The types of artificial intelligence programs that would be effective in such investigations.
The types of schemes artificial intelligence would be best placed to detect.
Any potential issues to implementation of artificial intelligence in such investigations.
In this section:
The term Director means the Director of the Office of National Drug Control Policy.
The term Drug-Free Communities funded coalition means a recipient of a grant under section 1032 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532).
The term effective drug prevention programs, with respect to a school-community partnership between a Drug-Free Communities funded coalition and a local school, means strategies, policies, and activities that—
are tailored to meet the needs of the student population of the school, based on the environment of the school and the community surrounding the school; and
prevent and reduce substance use and misuse among local youth.
The term eligible entity means a coalition (within the meaning of section 1032 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532)) that—
receives or has received a grant under subchapter I of chapter 2 of title I of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1523 et seq.); and
has a memorandum of understanding in effect with not less than 1 local school to establish a school-community partnership.
The term local school means an elementary, middle, or high school located in an area served by an eligible entity.
The term school-community partnership means a partnership between a Drug-Free Communities funded coalition and not less than 1 local school for the purpose of implementing effective drug prevention programs.
The term substance use and misuse—
has the meaning given the term in paragraph (9) of section 1023 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1523); and
includes the use of electronic or other delivery mechanisms to consume a substance described in subparagraph (A), (B), or (C) of that paragraph.
Subject to paragraph (2), the Director may award grants to eligible entities for the purpose of implementing a school-community partnership.
Subject to paragraph (2), the Director may award to an eligible entity who has received a grant under subparagraph (A) an additional grant for each fiscal year during the 3-fiscal-year period following the fiscal year for which the grant was awarded under subparagraph (A), for the purpose of continuing the school-community partnership.
The amount of a grant under this subsection may not exceed $75,000 for a fiscal year.
Not more than 1 eligible entity may receive a grant under this subsection to establish a school-community partnership with a particular local school.
The Director may enter into an interagency agreement with a National Drug Control Program agency, as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701), to delegate authority for—
the execution of grants under this section; and
other activities necessary to carry out the responsibilities of the Director under this section.
An eligible entity desiring a grant under this section, in coordination with each local school with which the eligible entity has a school-community partnership, shall submit to the Director an application at such time, in such manner, and accompanied by such information as the Director may require.
The application submitted under paragraph (1) shall include a detailed, comprehensive plan for the school-community partnership to implement effective drug prevention programs.
An eligible entity receiving a grant under this section shall use funds from the grant—
to implement the plan described in subsection (d)(2); and
if necessary, to obtain specialized training and assistance from the organization receiving the grant under section 4(a) of Public Law 107–82 (21 U.S.C. 1521 note).
Grants provided under this section shall be used to supplement, and not supplant, Federal and non-Federal funds that are otherwise available for drug prevention programs in local schools.
Section 1032(a)(6) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(a)(6)) shall apply to a grant under this section in the same manner as that section applies to a grant under subchapter I of chapter 2 of subtitle A of title I of that Act (21 U.S.C. 1531 et seq.).
There are authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2026 through 2031.
Not more than 8 percent of the funds appropriated pursuant to paragraph (1) may be used by the Director for administrative expenses associated with the responsibilities of the Director under this section.
This section may be cited as the Holding Foreign Insiders Accountable Act.
Section 16(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78p(a)) is amended—
in paragraph (1), by inserting (including, solely for the purposes of this subsection, every person who is a director or an officer of a foreign private issuer, as that term is defined in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation) after an officer of the issuer of such security;
in paragraph (2)—
in subparagraph (C), by striking the period at the end and inserting ; or; and
by adding at the end the following:
with respect to a foreign private issuer, the securities of which are, as of the date of enactment of the Holding Foreign Insiders Accountable Act, registered pursuant to subsection (b) or (g) of section 12, on the date that is 90 days after that date of enactment.
in paragraph (4)(A), by inserting and in English after electronically.
The amendments made by paragraph (1) shall take effect on the date that is 90 days after the date of enactment of this Act.
If any provision of section 240.3a12–3(b) of title 17, Code of Federal Regulations, or any successor regulation, is inconsistent with the amendments made by subsection (b), that provision of such section 240.3a12–3(b) (or such successor) shall have no force or effect beginning on the effective date described in subsection (b)(2).
Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations (or amend or rescind, in whole or in part, existing regulations of the Commission) to carry out the amendments made by subsection (b).
The Securities and Exchange Commission may issue such additional regulations (or amend or rescind, in whole or in part, existing regulations of the Commission) as necessary to implement the intent of this section.
Section 104(b) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)) is amended by adding to the end the following:
The Secretary of the Treasury (or a designee of the Secretary) shall, at the discretion of the chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate and chairman of the Committee on Financial Services of the House of Representatives, annually testify before such committees (or a subcommittee of such committees) regarding the operations of the Fund during the previous fiscal year.
This Act may be cited as the CDFI Bond Guarantee Program Improvement Act of 2025.
It is the sense of Congress that the authority to guarantee bonds under section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) (commonly referred to as the CDFI Bond Guarantee Program) provides community development financial institutions with a sustainable source of long-term capital and furthers the mission of the Community Development Financial Institutions Fund (established under section 104(a) of such Act (12 U.S.C. 4703(a)) to increase economic opportunity and promote community development investments for underserved populations and distressed communities in the United States.
Section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a) is amended—
in subsection (c)(2), by striking , multiplied by an amount equal to the outstanding principal balance of issued notes or bonds;
by amending subsection (e)(2) to read as follows:
The Secretary may not guarantee any amount under the program equal to less than $25,000,000, but the total of all such guarantees in any fiscal year may not exceed $1,000,000,000.
in subsection (k), by striking September 30, 2014 and inserting the date that is 4 years after the later of the date of enactment of the CDFI Bond Guarantee Program Improvement Act of 2025 or December 31, 2029..
The table of contents in section 1(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 (Public Law 103–325; 108 Stat. 2160) is amended by inserting after the item relating to section 114 the following:
Not later than 1 year after the date of enactment of this Act, and not later than 3 years after such date of enactment, the Secretary of the Treasury shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the effectiveness of the CDFI bond guarantee program established under section 114A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713a).
Section 113 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4712) is amended—
by striking subsection (a) and inserting the following:
The Fund may provide funds to organizations for the purpose of—
purchasing loans that are originated by community development financial institutions, loan participations, or interests therein from community development financial institutions;
providing guarantees, loan loss reserves, or other forms of credit enhancement to promote liquidity for community development financial institutions; and
otherwise enhancing the liquidity of community development financial institutions.
For purposes of this subsection, notwithstanding section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)), funds provided pursuant to such Act shall be considered to be Federal Government funds.
by striking subsection (b) and inserting the following:
The selection of organizations to receive assistance and the amount of assistance to be provided to any organization under this section shall be at the discretion of the Fund and in accordance with criteria established by the Fund.
Organizations eligible to receive assistance under this section—
shall have a primary purpose of promoting community development; and
are not required to be community development financial institutions.
For the purpose of making an award of funds under this section, the Fund shall prioritize the selection of organizations that—
demonstrate relevant experience or an ability to carry out the activities under this section, including experience leading or participating in loan purchase structures or purchasing or participating in the purchase of, assigning, or otherwise transferring, assets from community development financial institutions;
demonstrate the capacity to increase the number or dollar volume of loan originations or expand the products or services of community development financial institutions, including by leveraging the award with private capital; and
will use the funds to support community development financial institutions that represent broad geographic coverage or that serve borrowers that have experienced significant unmet capital or financial services needs.
in subsection (c), in the first sentence—
by striking $5,000,000 and inserting $20,000,000; and
by striking during any 3-year period; and
by adding at the end the following:
The Secretary may promulgate such regulations as may be necessary or appropriate to carry out the authorities or purposes of this section.
Section 104A of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703a) is amended by striking subsection (l) and inserting the following:
All funds received by the Secretary in connection with purchases made pursuant this section, including interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be deposited into the Fund and used—
to provide financial assistance to organizations pursuant to section 113; and
to provide financial and technical assistance pursuant to section 108, except that subsection (e) of that section shall be waived.
In this subsection, the terms community development financial institution and Fund have the meanings given the terms in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).
Not later than 1 year after the date on which assistance is first provided under section 113 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4712) pursuant to the amendments made by subsection (a) of this section, and annually thereafter through 2028, the Secretary of the Treasury shall submit to Congress a written report describing the use of the Fund for the 1-year period preceding the submission of the report for the purposes described in subsection (a)(1) of such section 113, as amended by subsection (a) of this section, which shall include, with respect to the period covered by the report—
the total amount of—
loans, loan participations, and interests therein purchased from community development financial institutions;
loans that support affordable housing construction; and
guarantees, loan loss reserves, and other forms of credit enhancement provided to community development financial institutions;
the effect of the purchases and guarantees made by the Fund on the overall competitiveness of community development financial institutions; and
the impact of the purchases and guarantees made by the Fund on the liquidity of community development financial institutions.
Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the end the following:
In this subsection—
the term Alaska Native has the meaning given the term Native in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b));
the term appropriate congressional committees means—
the Committee on Agriculture of the Senate;
the Committee on Indian Affairs of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Agriculture of the House of Representatives;
the Committee on Natural Resources of the House of Representatives; and
the Committee on Financial Services of the House of Representatives;
the term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702);
the term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103);
the term Native community development financial institution means an entity—
that has been certified as a community development financial institution by the Secretary of the Treasury;
that is not less than 51 percent owned or controlled by members of Indian Tribes, Alaska Native communities, or Native Hawaiian communities; and
for which not less than 51 percent of the activities of the entity serve Indian Tribes, Alaska Native communities, or Native Hawaiian communities;
the term Native Hawaiian has the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); and
the term priority Tribal land means—
any land located within the boundaries of—
an Indian reservation, pueblo, or rancheria; or
a former reservation within Oklahoma;
any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
in trust by the United States for the benefit of an Indian Tribe or an individual Indian;
by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
by a dependent Indian community;
any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a));
Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); or
those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians.
The purpose of this subsection is to—
increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and
provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions.
Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary may use not more than $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection.
A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution—
can provide the non-Federal cost share required under paragraph (6); and
is able to originate and service loans for single family homes.
A Native community development financial institution that receives a loan pursuant to this subsection shall—
use those amounts to make loans to borrowers—
who otherwise meet the requirements for a loan under this section; and
who—
are members of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; or
maintain a household in which not less than 1 member is a member of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; and
in making loans under subparagraph (A), give priority to borrowers described in that subparagraph who are residing on priority Tribal land.
A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received.
In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non-Federal cost share requirement described in subparagraph (A) with respect to those loan amounts.
Each Native community development financial institution that receives a loan pursuant to this subsection shall submit an annual report to the Secretary on the lending activities of the institution using the loan amounts, which shall include—
a description of the outreach efforts of the institution in local communities to identify eligible borrowers;
a description of how the institution leveraged additional capital to reach prospective borrowers;
the number of loan applications received, approved, and deployed;
the average loan amount;
the number of finalized loans that were made on Tribal trust lands and not on Tribal trust lands; and
the number of finalized loans that were made on priority Tribal land and not priority Tribal land.
Not later than 1 year after the date of enactment of this subsection, and every year thereafter, the Secretary shall submit to the appropriate congressional communities a report that includes—
a list of loans made to Native community development financial institutions pursuant to this subsection, including the name of the institution and the loan amount;
the percentage of loans made under this section to members of Indian Tribes, Alaska Native communities, and Native Hawaiian communities, respectively, including a breakdown of loans made to households residing on and not on Tribal trust lands; and
the average loan amount made by Native community development financial institutions pursuant to this subsection.
Not later than 3 years after the date of enactment of this subsection, the Secretary and the Secretary of the Treasury shall conduct an evaluation of and submit to the appropriate congressional committees a report on the program under this subsection, which shall—
evaluate the effectiveness of the program, including an evaluation of the demand for loans under the program; and
include recommendations relating to the program, including whether—
the program should be expanded to such that all community development financial institutions may make loans under the program to the borrowers described in paragraph (5); and
the set aside amount paragraph (3) should be modified in order to match demand under the program.
The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to—
the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and
the availability of funding.
A Native community development financial institution that receives a loan under this section shall be eligible to receive a grant described in subparagraph (A) in an amount equal to 20 percent of the direct loan amount received by the Native community development financial institution under the program under this section as of the date on which the direct loan is awarded.
There is authorized to be appropriated to the Secretary $1,000,000 for each of fiscal years 2025, 2026, and 2027—
to provide technical assistance to Native community development financial institutions—
relating to homeownership and other housing-related assistance provided by the Secretary; and
to assist those institutions to perform outreach to eligible homebuyers relating to the loan program under this section; or
to provide funding to a national organization representing Native American housing interests to perform outreach and provide technical assistance as described in clauses (i) and (ii), respectively, of subparagraph (A).
In addition to other available funds, the Secretary may use not more than 3 percent of the amounts made available to carry out this subsection for administration of the programs established under this subsection.
This subtitle may be cited as the Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act or the DETERRENCE Act.
Section 1201 of title 18, United States Code, is amended—
by redesignating subsection (h) as subsection (i);
by inserting after subsection (g) the following:
The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
The sentence of a person convicted of conspiring to commit a violation of subsection (a) as part of a conspiracy under the elements specified in subsection (c) may be increased by up to 10 years if—
1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and
the person convicted of conspiring to commit a violation of subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.
The sentence of a person convicted of an attempt to violate subsection (a) may be increased by up to 5 years if such attempt was knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
in subsection (i), as so designated, by inserting Definition.— before As used in this section.
Section 1958 of title 18, United States Code, is amended—
by redesignating subsection (b) as subsection (c);
by inserting after subsection (a) the following:
The sentence of a person convicted of an offense under subsection (a)—
may be increased by up to 5 years, if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and
may be increased by up to 10 years—
if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and
personal injury results.
in subsection (c), as so redesignated, by inserting Definitions.— before As used in this section.
Section 2332b(g)(2) of title 18, United States Code, is amended by striking section 1958(b)(2) and inserting section 1958.
Section 1010A(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960a(d)) is amended by striking section 1958(b)(1) and inserting section 1958.
Section 115(b) of title 18, United States Code, is amended by adding at the end the following:
The sentence of a person convicted of an offense under subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government—
may be increased by up to 5 years if the offense committed was an assault involving physical contact with the victim of that assault or the intent to commit another felony;
may be increased by up to 10 years if—
the offense committed was an assault resulting in bodily injury (including serious bodily injury (as that term is defined in section 1365 of this title));
the offense involved any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title; or
a dangerous weapon was used during and in relation to the offense; and
may be increased by up to 10 years if the offense committed was a murder, attempted murder, or conspiracy to murder.
Section 2261A of title 18, United States Code, is amended—
by striking Whoever— and inserting (a) In general.—Except as provided in subsection (b), whoever—; and
by adding at the end the following:
The sentence of a person convicted of an offense under paragraph (1) or (2) of subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government—
may be increased by up to 5 years if—
serious bodily injury (including permanent disfigurement or life threatening bodily injury) to the victim results;
the offender uses a dangerous weapon during the offense; or
the victim of the offense is under the age of 18 years;
may be increased by up to 10 years if death of the victim results; and
may be increased by up to 30 months in any other case.
Section 1114 of title 18, United States Code, is amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following:
The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
Section 1751 of title 18, United States Code, is amended—
by redesignating subsections (f) through (k) as subsections (g) through (i), respectively; and
by inserting after subsection (e) the following:
The sentence of a person convicted of an offense under subsection (a), (b), or (c) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
The sentence of a person convicted of conspiring to kill or kidnap any individual designated in subsection (a) as part of a conspiracy under the elements specified in subsection (d) may be increased by up to 10 years if—
1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and
the person convicted of conspiring to kill or kidnap an individual designated in subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.
The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if—
the victim was any person designated in subsection (a)(1); and
such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if—
the victim was any person designated in subsection (a)(2); and
such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if—
the offense involved the use of a dangerous weapon; or
personal injury resulted; and
such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.
This subtitle may be cited as the Guaranteeing Access and Innovation for National Artificial Intelligence Act of 2025 or the GAIN AI Act of 2025.
It is the sense of Congress that—
artificial intelligence is a transformative technology and United States policy should ensure that United States persons, including small businesses, startups, and universities, are in the best position to innovate and harness the potential of artificial intelligence;
the demand for advanced artificial intelligence chips far exceeds the supply, and United States persons are forced to wait many months, if not longer, to acquire the latest chips;
at the same time, United States chip developers are selling advanced artificial intelligence chips to entities in countries that are subject to a United States arms embargo or countries that have a close relationship with such countries, so that United States persons are unable to acquire such chips;
the production of such chips for sale to entities in countries described in paragraph (3) is taking up production capacity that would otherwise be used to fabricate chips for United States persons; and
it should be the policy of the United States and the Department of Commerce—
to deny licenses for the export of the most powerful artificial intelligence chips, including such chips with a total processing power of 4,800 or above; and
to restrict the export of less advanced artificial intelligence chips to foreign entities in countries of concern so long as United States entities are waiting and unable to acquire those same chips.
Part I of the Export Control Reform Act of 2018 (50 U.S.C. 4811 et seq.) is amended by inserting after section 1758 the following:
Except as provided by paragraph (2), the Under Secretary of Commerce for Industry and Security shall require a license for the export, reexport, or in-country transfer of an advanced integrated circuit or a product containing such a circuit.
The requirement for a license under paragraph (1) does not apply with respect to the export, reexport, or in-country transfer of an advanced integrated circuit or a product containing such a circuit to or in a country that is listed in Country Group A:4, A:5, or A:6 in Supplement No. 1 to part 740 of the Export Administration Regulations.
The Under Secretary shall require a person submitting an application for a license to export, reexport, or in-country transfer an advanced integrated circuit or a product containing such a circuit to or in a country subject to a comprehensive United States arms embargo or a country of concern to certify in the application that—
United States persons had a right-of-first-refusal for the circuit or product, which means the person submitting the application—
upon reaching the decision to enter into a transaction for the sale of such a circuit or product to a person in a country subject to a comprehensive United States arms embargo or a country of concern, provided, in a manner accessible to United States persons, a notice of—
intent to sell the circuit or product to the person in that country; and
the terms of the transaction, including the price and quantity of the circuit or product involved in the transaction;
allowed not less than 15 business days for United States persons to request to purchase the full quantity or a lesser quantity of the circuit or product on the terms (other than quantity) specified under clause (i); and
provided preference to United States persons that requested to purchase the circuit or product over the person in the country described in clause (i); and
the person submitting the application—
has no current backlog of requests from United States persons for the circuit or product or a comparable circuit or product;
cannot foresee the export, reexport, or in-country transfer of the circuit or product resulting in such a backlog or a reduction in the capacity of production lines for the production of the circuit or product for United States persons; and
is not providing advantageous pricing or terms for the circuit or product to foreign persons that the person is not providing to United States persons.
If a certification described in paragraph (1) is not submitted with an application for a license described in that paragraph, the Under Secretary shall deny the application.
Not later than 90 days after the date of the enactment of this section, the Under Secretary shall prescribe regulations providing guidance for complying with the certification requirement under paragraph (1), which shall include—
a description of the acceptable formats for the notice required by paragraph (1)(A)(i);
establishment of a portal that allows—
persons applying for a license under this section to submit details regarding intended sales of advanced integrated circuits and products containing such circuits; and
United States persons to view those details and submit requests to purchase such circuits or products pursuant to paragraph (1)(A)(ii);
procedures for handling multiple requests for an intended sale of such a circuit or product, which shall allow for combining requests for lesser quantities of the circuit or product to match the full quantity offered for sale;
recordkeeping requirements;
penalties for misrepresentation and concealment of material facts; and
metrics and procedures by which to determine whether—
the export, reexport, or in-country transfer of a circuit or product would create—
a backlog of requests described in paragraph (1)(B)(i); or
a reduction in capacity described in paragraph (1)(B)(ii); and
the person selling the circuit or product is providing advantageous pricing or terms described in paragraph (1)(B)(iii) to foreign persons.
In this section, the term advanced integrated circuit means an integrated circuit (as defined Export Control Classification Number 3A090 in the Commerce Control List) that has one or more digital processing units with—
a total processing performance of 2,400 or more and a performance density of 1.6 or more;
a total processing performance of 1,600 or more and a performance density of 3.2 or more; or
a total DRAM bandwidth of 1,400 gigabytes per second or more, interconnect bandwidth of 1,100 gigabytes per second or more, or a sum of DRAM bandwidth and interconnect bandwidth of 1,700 gigabytes per second or more.
In this section, the term Commerce Control List means the list set forth in Supplement No. 1 to part 774 of the Export Administration Regulations.
In this section, the term country of concern means a country that the Director of National Intelligence assesses is hosting, or has the intention of hosting, a military or intelligence facility associated with a country subject to a comprehensive United States arms embargo.
In this section, the terms performance density and total processing performance have the meanings given those terms in, and are calculated as provided for under, Export Control Classification Number 3A090 in the Commerce Control List.
Section 1125(c) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114–328) is amended by inserting and includes supporting units of a facility at an installation or base after United States.
During fiscal year 2026, the Secretary of the Navy shall induct, at each of the Navy shipyards, a class of not fewer than 100 apprentices.
The Secretary of the Navy shall include the costs of the classes of Navy shipyard apprentices to be inducted in fiscal year 2027 in the materials of the Department of Defense supporting the fiscal year 2027 budget request submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code.
The Caesar Syria Civilian Protection Act of 2019 (title LXXIV of division F of Public Law 116–92; 22 U.S.C. 8791 note) is hereby repealed.
Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for the following 4 years, the President or his designee shall submit to Congress an unclassified report, with a classified annex if necessary, that certifies whether the Government of Syria—
has committed itself to the goal of eliminating the threat posed by ISIS and other terrorist groups and has worked in partnership with the United States to join as a member of the Global Coalition To Defeat ISIS;
is making progress in providing security for religious and ethnic minorities in Syria and includes representation from religious and ethnic minorities in the government;
is not taking unilateral, unprovoked military action against its neighbors, including the State of Israel, and continues to make progress towards international security agreements, as appropriate;
is not knowingly financing, assisting (monetarily or through weapons transfers), or harboring individuals or groups (including foreign terrorist organizations and specially designated global terrorists) that are harmful to the national security of the United States or allies and partners of the United States in the region;
has removed, or has taken steps to remove, foreign fighters from senior roles in the Government of Syria, including those in the state and security institutions of Syria; and
is in the process of investigating and has committed to prosecuting those that have committed serious abuses of internationally recognized human rights since December 8, 2024, including those responsible for the massacre of religious minorities.
The President or his designee shall inform the Government of Syria of the findings of the report required under subsection (b).
If the President or his designee is unable to make an affirmative certification under subsection (b) for two consecutive reporting periods, it is the sense of Congress that sanctions under the Caesar Syria Civilian Protection Act of 2019 (title LXXIV of division F of Public Law 116–92; 22 U.S.C. 8791 note) should be reimposed and remain in effect until the President or his designee makes an affirmative certification under subsection (b).
The Secretary of State is authorize to establish a program that—
provides funding to rehabilitate border crossings in Syria; and
supports counter-narcotics, counterterrorism, and counter-weapons trafficking, particularly by personnel and ministries linked to the new Government of Syria.
Congress finds the following:
Since the Russian Federation’s full-scale invasion of Ukraine in February 2022, the Russian Federation military forces and the Government of the Russian Federation have abducted, forcibly transferred, or facilitated the illegal deportation of at least 20,000 Ukrainian children.
The Russian Federation’s abduction, forcible transfer, and facilitation of the illegal deportation of Ukrainian children has left countless children and families with devastating physical and psychological trauma.
It is the sense of Congress that Congress—
condemns the Russian Federation’s abduction, forcible transfer, and facilitation of the illegal deportation of Ukrainian children; and
implores the Russian Federation to work with the international community to ensure the return, without delay, of all forcibly transferred Ukrainian children to their families.
Section 1234 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3936) is amended by adding at the end the following new paragraph:
An assessment of the use by the Russian Federation of chemical weapons (including chemical munitions) during the preceding year, which shall include an assessment of each of the following:
The use, as part of armed conflict, of any substance the use of which is prohibited by the Organization for the Prohibition of Chemical Weapons or any other chemicals the use of which is considered by the United States to be a violation of international obligations.
The use of chemical weapons or agents to kill, maim, or incapacitate individuals outside an armed conflict.
Any actions taken by the United States Government to hold the Russian Federation accountable for the actions described in subparagraphs (A) and (B).
In addition to the purposes otherwise authorized for Foreign Military Financing with respect to the Philippines, the Secretary of State shall use the authorities under this section to—
strengthen the United States-Philippines alliance in accordance with the historic agreement reached at the United States-Philippines 2+2 Ministerial Dialogue on August 2, 2024;
enable the acceleration of phase three of the modernization of the Armed Forces of the Philippines;
provide additional information to the Chairs of the United States-Philippine Bilateral Security Dialogue to enable planning and prioritization of Joint Capability Areas (JCA);
support the execution of the Philippines-Security Sector Assistance Roadmap (P–SSAR); and
provide assistance, including equipment, training, and other support, to modernize the defense capabilities of the Armed Forces of the Philippines in order to—
safeguard the territorial sovereignty of the Philippines;
improve maritime domain awareness;
counter coercive military activities;
improve the military and civilian infrastructure and capabilities necessary to prepare for regional contingencies; and
strengthen cooperation between the United States and the Philippines on counterterrorism-related efforts.
Not later than March 1, 2026, and annually thereafter for a period of 4 years, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a plan describing how amounts authorized to be appropriated pursuant to subsection (e), if made available, would be used to achieve the purpose described in subsection (a).
Not later than 270 days after the date of the enactment of this Act, and annually thereafter for a period of 4 years, the Secretary of State, in consultation with the Secretary of Defense, and in consultation with such other heads of Federal departments and agencies as the Secretary of State considers appropriate, shall submit to the appropriate congressional committees a report that describes steps taken to enhance the United States-Philippines defense relationship.
Each report required under paragraph (1) shall include the following:
A description of the capabilities and defense infrastructure improvements needed to modernize the defense capabilities of the Philippines, including with respect to—
coastal defense;
long-range fires;
integrated air defenses;
maritime security;
manned and unmanned aerial systems;
mechanized ground mobility vehicles;
intelligence, surveillance, and reconnaissance;
defensive cybersecurity;
military construction;
maintenance and sustainment of military capabilities; and
any other defense capabilities that the Secretary of State determines, including jointly with the Philippines, are crucial to the defense of the Philippines.
An assessment of the absorptive capacity of the Armed Forces of the Philippines, including the coast guard, over the next 5 years.
A description of how statutory authorities under title 10, United States Code, including under section 333 of such title and authorities relating to unspecified minor military construction and overseas humanitarian, disaster, and civic aid, will be used to provide support for the Philippines-Security Sector Assistance Roadmap and the defense capabilities described in subparagraph (A), prioritized according to the assessment of the absorptive capacity of the Armed Forces of the Philippines required under subparagraph (B).
Each report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
During fiscal years 2026 through 2030, the Secretary of State may make direct loans available for the Philippines pursuant to section 23 of the Arms Export Control Act (22 U.S.C. 2763).
Gross obligations for the principal amounts of loans authorized under subparagraph (A) may not exceed $1,000,000,000.
In this subparagraph, the term cost—
has the meaning given such term in section 502(5) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(5));
shall include the cost of modifying a loan authorized under subparagraph (A); and
may include the costs of selling, reducing, or cancelling any amounts owed to the United States or to any agency of the United States.
Amounts authorized to be appropriated under subsection (e) may be made available to pay for the cost of loans authorized under subparagraph (A).
The Government of the United States may charge processing and origination fees for a loan made pursuant to subparagraph (A), not to exceed the cost to the Government of making such loan, which shall be collected from borrowers through a financing account (as defined in section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).
Amounts made available under any appropriations Act for any fiscal year may not be used to pay any fees associated with a loan authorized under subparagraph (A).
Loans made pursuant to subparagraph (A) shall be repaid not later than 17 years after the loan is received by the borrower, including a grace period of not more than 1 year on repayment of principal.
Notwithstanding section 23(c)(1) of the Arms Export Control Act (22 U.S.C. 2763(c)(1)), interest for loans made pursuant to subparagraph (A) may be charged at a rate determined by the Secretary of State.
Amounts made available under this paragraph for interest costs shall not be considered assistance for the purposes of any statutory limitation on assistance to a country.
Amounts authorized to be appropriated under subsection (e) may be made available for the costs of loan guarantees for the Philippines under section 24 of the Arms Export Control Act (22 U.S.C. 2764) for the Philippines to subsidize gross obligations for the principal amount of commercial loans and total loan principal, any part of which may be guaranteed.
Loan guarantees authorized under subparagraph (A)—
may be made only to the extent that the total loan principal, any part of which is guaranteed, does not exceed $1,000,000,000; and
may not exceed 80 percent of the loan principal with respect to any single borrower.
Any loan guaranteed pursuant to subparagraph (A) may not be subordinated to—
another debt contracted by the borrower; or
any other claims against the borrower in the case of default.
Repayment in United States dollars of any loan guaranteed under this paragraph shall be required not later than 17 years after the loan agreement is signed.
Notwithstanding section 24 of the Arms Export Control Act (22 U.S.C. 2764), the Government of the United States may charge processing and origination fees for a loan guarantee authorized under subparagraph (A), not to exceed the cost to the Government of such loan guarantee, which shall be collected from borrowers, or from third parties on behalf of such borrowers, through a financing account (as defined in section 502(7) of the Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).
Amounts made available under this paragraph for the costs of loan guarantees authorized under subparagraph (A) shall not be considered assistance for the purposes of any statutory limitation on assistance to a country.
Loan guarantees authorized under subparagraph (A) may be provided to entities doing business inside or outside the United States, notwithstanding any provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.) that would otherwise limit eligibility for such guarantees based on geographic location or business operations.
Amounts authorized to be appropriated to carry out this subsection may not be expended without prior notification of the appropriate committees of Congress.
In addition to amounts otherwise authorized to be appropriated for Foreign Military Financing, there is authorized to be appropriated to the Department of State for Foreign Military Financing grant assistance for the Philippines up to $500,000,000 for each of fiscal years 2026 through 2030.
Of the amounts authorized to be appropriated pursuant to paragraph (1), not less than $500,000 is authorized to be appropriated each fiscal year for one or more blanket order agreements for Foreign Military Financing training programs related to the defense needs of the Philippines.
Assistance may not be provided under this section after September 30, 2035.
In this section:
The term appropriate congressional committees means—
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
The term blanket order agreement means an agreement between a foreign customer and the United States Government for a specific category of items or services (including training) that—
does not include a definitive list of items or quantities; and
specifies a dollar ceiling against which orders may be placed.
This section may be cited as the Combating PRC Overseas and Unlawful Networked Threats through Enhanced Resilience Act of 2025 or the COUNTER Act of 2025.
According to multiple sources, including the 2024 annual report to Congress, titled Military and Security Developments Involving the People’s Republic of China and known informally as the China Military Power Report—
the PRC is seeking to expand its overseas logistics and basing infrastructure to allow the PLA to project and sustain military power at greater distances;
a global PLA logistics network could give the PRC increased capabilities to surveil or disrupt United States military operations;
in August 2017, the PRC officially opened the first overseas PLA military base near the commercial port of Doraleh in Djibouti;
in 2019, the PRC also attempted to acquire strategically important port infrastructure at Subic Bay in the Philippines, but was stopped by the Governments of the United States, the Philippines, and Japan, and by private investors;
in April 2025, officials from the PRC and Cambodia officially inaugurated the China-Cambodia Ream Naval Base Joint Support and Training Center and celebrated the expansion of port facilities at Ream Naval Base, some of which appear to have been reserved for the use of PRC ships that have been continuously stationed at Ream Naval Base since December 2023; and
in addition to the base in Djibouti and the PRC's access to the port at the Ream Naval Base in Cambodia, the PRC is likely pursuing access to additional military facilities to support naval, air, and ground forces projection in many countries.
While the executive branch has undertaken case-by-case efforts to forestall the establishment of new PRC permanent military presence in several countries, it is the sense of Congress that future efforts to counter the PRC's global basing intentions must—
proceed with the urgency required to address the strategic implications of the PRC’s actions;
reflect sufficient interagency coordination with respect to a problem that necessitates a whole-of-government approach;
ensure that the United States Government maintains a proactive posture rather than a reactive posture in order to maximize strategic decision space;
identify a comprehensive menu of actions that would be influential in shaping a partner’s decision making regarding giving the PRC military access to its sovereign territory;
appropriately prioritize the subject of the PRC's global basing intentions within the context of the overall United States strategic competition with the PRC;
consider how the PRC uses commercial and scientific cooperation as a guise for establishing access for the PLA and other PRC security forces in foreign countries;
factor in the potential contributions of key allies and partners to help respond to the PRC's pursuit of global basing, many of which—
have historic ties and influence in many of the geographic areas the PRC is targeting for potential future bases; and
rely on the same basic intelligence picture to form our baseline understanding of the PRC’s global intentions;
establish and ensure sufficient resourcing for enduring organizational structures and security and foreign assistance and cooperation efforts to effectively address the issue of PRC global basing intentions; and
ensure that future force posture, freedom of movement, and other interests of the United States and our allies are not jeopardized by the continued expansion of PRC bases.
In this section:
The term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Committee on Armed Services of the Senate;
the Select Committee on Intelligence of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Armed Services of the House of Representatives;
the Permanent Select Committee on Intelligence of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
The term PLA means the People's Liberation Army of the PRC.
The term PRC means the People's Republic of China.
The term PRC global basing means the establishment of physical locations outside the geographic boundaries of the PRC where the PRC maintains some element of the People’s Liberation Army, PRC intelligence or security forces, or infrastructure designed to support the presence of PRC military, intelligence, or security forces, for the purposes of potential power projection.
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit an intelligence assessment, in classified form, if needed, to the appropriate congressional committees. The assessment shall analyze the risk posed by PRC global basing to the United States or to any United States allies with respect to their ability to project power, maintain freedom of movement, and protect other interests as a function of the PRC's current or potential locations identified pursuant to subsection (f)(2)(A).
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 and other appropriate senior Federal officials, shall submit a strategy to the appropriate congressional committees that contains the information described in paragraph (2).
The strategy required under paragraph (1) shall—
identify not fewer than 5 locations that pose the greatest potential risks, as identified in the assessment required under subsection (e), where the PRC maintains a physical presence, or is suspected to be seeking a physical presence, which could ultimately transition into a PRC global base;
include a comprehensive listing of executive branch entities currently involved in addressing aspects of PRC global basing, including estimated programmatic and personal resource requirements on an agency-by-agency basis to effectively address the issue of PRC global basing intentions, and any relevant resource constraints;
describe in detail all executive branch efforts to mitigate the impacts to the national interests of the United States and partner countries of the locations referred to in subparagraph (A) and prevent the PRC from establishing new global bases, including with resources described in subparagraph (B); and
for each of the locations referred to in subparagraph (A), identify the actions by the United States or its allies that would be most effective in ensuring the respective foreign governments terminate plans for hosting a PRC base.
Not later than 90 days after submitting the strategy described in subsection (f), the Secretary of State, in coordination with the Secretary of Defense and other appropriate senior Federal officials, shall establish an interagency task force—
to implement such strategy to counter the PRC’s efforts at the locations of chief concern; and
to identify mitigation measures that would prevent the PRC from establishing new bases in locations beyond the locations of chief concern identified pursuant to subsection (f)(2)(A).
Not later than 4 years after the submission of the strategy required under subsection (f), and not less frequently than once every 4 years thereafter, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, and other appropriate senior Federal officials, shall—
conduct a review of the Executive Branch’s strategy and overall approach in response to the PRC global basing intentions; and
submit the results of such review, including the information described in subsection (f)(2), to the appropriate congressional committees.
The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a strategy to strengthen multilateral deterrence against regional aggression in the Indo-Pacific region by expanding multilateral coordination with United States allies and partners in the Indo-Pacific region, particularly Japan, the Republic of Korea, the Philippines, and Australia, including by enhancing multilateral access and basing agreements, command and control structures, intelligence-sharing, and exercises and operations.
The strategy required by subsection (a) shall—
describe current activities and identify future actions to be taken over the next 5 years by the Department of Defense—
to leverage reciprocal access agreements between the United States and allies and partners in the Indo-Pacific region, particularly Japan, the Republic of Korea, the Philippines, and Australia, to expand regional access for the military forces of such allies and partners, including for purposes of enhancing interoperability at locations across the Indo-Pacific region, pre-positioning munitions stockpiles, and jointly supporting and leveraging shared facilities, operational access, and infrastructure;
to improve command and control structures enabling enhanced multilateral coordination with allies and partners in the Indo-Pacific region, including through the Combined Coordination Center in the Philippines, the joint force headquarters of the United States in Japan, the Combined Forces Command in the Republic of Korea, and a potential combined coordination structure in Australia;
to expand intelligence-sharing and maritime domain awareness among the United States and allies and partners in the Indo-Pacific region, including through the Bilateral Intelligence Analysis Cell in Japan and the Combined Coordination Center in the Philippines; and
to expand the scope and scale of multilateral military exercises and operations as well as basing infrastructure and posture in the Indo-Pacific region, particularly among the United States, Japan, the Republic of Korea, the Philippines, and Australia, including more frequent combined maritime operations through the Taiwan Strait, the South China Sea, and the Aleutian Islands;
fully consider strategic and operational contingencies for security of likely military and economic avenues of approach and trade routes across the South, Central, and North Indo-Pacific region; and
address the conduct of operations in accordance with such strategic and operational contingencies.
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 the written strategy required by subsection (a), including an identification of—
any changes to funding or policy required to strengthen multilateral deterrence among the United States and allies and partners in the Indo-Pacific region against regional aggression; and
any additional resources required to carry out specific initiatives described in subsection (b), such as expanding regional access to the military forces of such allies and partners, improving command and control structures, expanding intelligence-sharing and maritime domain awareness, and expanding the scope and scale of multilateral exercises and operations in the Indo-Pacific region.
Not later than March 15, 2027, the Secretary of Defense shall submit to the appropriate congressional committees a report on the progress of the implementation of the strategy required by subsection (a), including any resource or authority gaps identified in the ability of the Department of Defense to implement the strategy.
In this section:
The term appropriate congressional committees means—
the congressional defense committees; and
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
The term Indo-Pacific region means—
the geographical area encompassing the area of responsibility of the United States Indo-Pacific Command; and
the Alaska theater of operations, including the entirety of the State of Alaska and the entirety of the oceans or other such maritime features bordering the State of Alaska.
This subtitle may be cited as the AUKUS Improvement Act of 2025.
Section 38(l) of the Arms Export Control Act (22 U.S.C. 2778(l)) is amended by adding at the end the following new paragraph:
Defense articles sold by the United States under this Act, whether pursuant to the exemption authorized under this section or identical to defense articles eligible for export under that exemption, may be reexported, retransferred or temporarily imported exclusively between the Government of Australia, the Government of the United Kingdom, or entities eligible under section 126.7(b)(2) of title 22 of the Code of Federal Regulations, or successor regulations, notwithstanding the requirement for the consent of the President under section 3(a)(2) of this Act, or under section 505(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(1)(B).
Intra-company, intra-organization, and intra-governmental transfers related to defense articles and defense services described under subparagraph (A) are authorized between officers, employees, and agents who satisfy section 120.64 of title 22 of the Code of Federal Regulations, or successor regulations, including dual or third country nationals who satisfy section 126.18 of title 22 of the Code of Federal Regulations, or successor regulations.
Manufacturing Licensing Agreements and Technical Licensing Agreements for Australia and the United Kingdom that do not involve defense articles that are not subject to the licensing exemption under section 38(l) of the Arms Export Control Act (22 U.S.C. 2778(l)) are not subject to the requirements for congressional notification pursuant to section 36(d) of that Act (22 U.S.C. 2776(d)).
Section 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2844) is amended—
in the section heading, by striking and Israel and inserting Israel, and the United States defense industrial base ; and
in subsection (a)—
in paragraph (1), by striking or Israel each place it appears and inserting Israel, or the United States defense industrial base; and
in paragraph (5), by striking or Israel each place it appears and inserting Israel, or the United States defense industrial base.
The table of contents at the beginning of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2395) is amended by striking the item relating to section 1244 and inserting the following:
The table of contents at the beginning of title XII of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2820) is amended by striking the item relating to section 1244 and inserting the following:
The President may treat as stocks of the United States any weapon or materiel seized by the United States while in transit from the Islamic Republic of Iran to the Houthis in the Republic of Yemen.
Section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)) is amended by adding at the end the following new paragraph:
In addition to amounts otherwise specified in this section, the President may direct the drawdown of weapons and materiel treated as stocks of the United States, seized pursuant to section 126_(a) of the National Defense Authorization Act for Fiscal Year 2026, to be provided to foreign partners.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate committees of Congress a report that includes the following:
The number of times the President exercised the authority under subsection (a).
An inventory of the weapons and materiel treated as United States stocks pursuant to such authority.
An inventory of the weapons and materiel provided to foreign partners pursuant to the authority provided in paragraph (4) of section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)).
In this section, the term appropriate committees of Congress means—
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
This subtitle may be cited as the Taiwan Non-Discrimination Act of 2025.
Congress finds as follows:
As enshrined in its Articles of Agreement, the International Monetary Fund (IMF) is devoted to promoting international monetary cooperation, facilitating the expansion and balanced growth of international trade, encouraging exchange stability, and avoiding competitive exchange depreciation.
Taiwan is the 21st largest economy in the world and the 10th largest goods trading partner of the United States.
Although Taiwan is not an IMF member, it is a member of the World Trade Organization, the Asian Development Bank, and the Asia-Pacific Economic Cooperation forum.
According to the January 2020 Report on Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States, published by the Department of the Treasury, Taiwan held $471,900,000,000 in foreign exchange reserves, more than major economies such as India, South Korea, and Brazil.
According to section 4(d) of the Taiwan Relations Act (Public Law 96–8), enacted on April 10, 1979, Nothing in this Act may be construed as a basis for supporting the exclusion or expulsion of Taiwan from continued membership in any international financial institution or any other international organization..
Taiwan held membership in the IMF for 9 years following the recognition of the People’s Republic of China (PRC) by the United Nations, and 16 Taiwan staff members at the Fund were allowed to continue their employment after the PRC was seated at the IMF in 1980. As James M. Boughton has noted in his Silent Revolution: The International Monetary Fund 1979–1989, even as the PRC was seated, the United States Executive Director to the IMF, Sam Y. Cross, expressed support on behalf of the United States Government for some kind of association between Taiwan and the Fund.
On September 27, 1994, in testimony before the Senate Committee on Foreign Relations regarding the 1994 Taiwan Policy Review, then-Assistant Secretary of State for East Asian and Pacific Affairs Winston Lord stated: Recognizing Taiwan’s important role in transnational issues, we will support its membership in organizations where statehood is not a prerequisite, and we will support opportunities for Taiwan’s voice to be heard in organizations where its membership is not possible..
The Congress has repeatedly reaffirmed support for this policy, including in Public Laws 107–10, 107–158, 108–28, 108–235, 113–17, and 114–139, and the unanimous House and Senate passage of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019.
In its fact sheet, entitled U.S. Relations with Taiwan, published on August 31, 2018, the Department of State asserts: The United States supports Taiwan’s membership in international organizations that do not require statehood as a condition of membership and encourages Taiwan’s meaningful participation in international organizations where its membership is not possible..
According to the Articles of Agreement of the IMF, membership shall be open to other countries, subject to conditions prescribed by the Board of Governors of the IMF.
In the IMF publication Membership and Nonmembership in the International Monetary Fund: A Study in International Law and Organization, Joseph Gold, the then-General Counsel and Director of the Legal Department of the IMF, elaborated on the differences between the terms countries and states, noting that the word country may have been adopted because of the absence of agreement on the definition of a state and, with respect to the use of countries and applications for IMF membership, the absence of any adjective in the Articles emphasizes the breadth of the discretion that the Fund may exercise in admitting countries to membership. According to Mr. Gold, the desire to give the Fund flexibility in dealing with applications may explain not only the absence of any adjective that qualifies countries but also the choice of that word itself.
In his IMF study, Mr. Gold further observes, in the practice of the Fund the concepts of independence and sovereignty have been avoided on the whole as a mode of expressing a criterion for membership in the Fund. He continues, Although the Fund usually takes into account the recognition or nonrecognition of an entity as a state, there are no rules or even informal understandings on the extent to which an applicant must have been recognized by members or other international organizations before the Fund will regard it as eligible for membership.. In fact, when considering an application for membership where the status of an applicant may not be resolved, Mr. Gold writes there have been occasions on which the Fund has made a finding before decisions had been taken by the United Nations or by most members or by members with a majority of the total voting power. Mr. Gold concludes, the Fund makes its own findings on whether an applicant is a country, and makes them solely for its own purposes..
Although not a member state of the United Nations, the Republic of Kosovo is a member of both the IMF and the World Bank, having joined both organizations on June 29, 2009.
On October 26, 2021, Secretary of State Antony Blinken issued a statement in support of Taiwan’s robust, meaningful participation in the United Nations system, which includes the IMF, the World Bank, and other specialized United Nations agencies. Secretary of State Blinken noted, As the international community faces an unprecedented number of complex and global issues, it is critical for all stakeholders to help address these problems. This includes the 24 million people who live in Taiwan. Taiwan’s meaningful participation in the UN system is not a political issue, but a pragmatic one.. He continued, Taiwan’s exclusion undermines the important work of the UN and its related bodies, all of which stand to benefit greatly from its contributions..
In October 2024, Taiwan announced it would seek IMF membership, with the Taipei Economic and Cultural Representative Office in the United States stating, Taiwan’s membership at the IMF would help boost financial resilience..
It is the sense of the Congress that—
the size, significance, and connectedness of the Taiwanese economy highlight the importance of greater participation by Taiwan in the International Monetary Fund, given the purposes of the Fund articulated in its Articles of Agreement; and
the experience of Taiwan in developing a vibrant and advanced economy under democratic governance and the rule of law should inform the work of the international financial institutions, including through increased participation by Taiwan in the institutions.
The United States Governor of the International Monetary Fund (in this section referred to as the Fund) shall use the voice and vote of the United States to vigorously support—
the admission of Taiwan as a member of the Fund, to the extent that admission is sought by Taiwan;
participation by Taiwan in regular surveillance activities of the Fund with respect to the economic and financial policies of Taiwan, consistent with Article IV consultation procedures of the Fund;
employment opportunities for Taiwan nationals, without regard to any consideration that, in the determination of the United States Governor, does not generally restrict the employment of nationals of member countries of the Fund; and
the ability of Taiwan to receive appropriate technical assistance and training by the Fund.
It is the policy of the United States not to discourage or otherwise deter Taiwan from seeking admission as a member of the Fund.
The Secretary of the Treasury may waive any requirement of subsection (a) for up to 1 year at a time on reporting to Congress that providing the waiver will substantially promote the objective of securing the meaningful participation of Taiwan at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act).
This section shall have no force or effect on the earlier of—
the date of approval by the Board of Governors of the Fund for the admission of Taiwan as a member of the Fund; or
the date that is 10 years after the date of the enactment of this Act.
In each of the next 7 years in which the Secretary of the Treasury is required by section 1705(b) of the International Financial Institutions Act to present testimony, the Secretary shall include in the testimony a description of the efforts of the United States to support the greatest participation practicable by Taiwan at each international financial institution (as defined in section 1701(c)(2) of such Act).
It is the sense of Congress that—
the expansion of space domain awareness infrastructure, including advanced ground-based optical sensing capabilities, is essential to the operational testing and training architecture of the Space Force; and
collaboration with academic institutions is critical to advancing electro-optical sensor research and development in support of national security objectives.
Not later than 180 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 efforts by the Space Force to expand space domain awareness infrastructure.
The report required by paragraph (1) shall include, at a minimum—
a description of current and planned infrastructure, equipment, and capability expansions;
a summary of current and planned engagement with institutions of higher education that possess demonstrated expertise in space domain awareness, including electro-optical sensor development, tasking algorithms, and automation frameworks; and
an assessment of the ability to integrate research and development from academic partners into operational testing and training environments in support of space domain awareness objectives.
The text of section 1507 is hereby deemed to read as follows:
The Secretary of Defense shall continue to operate the Defense Meteorological Satellite Program, and its existing functions and distribution capability, until the end of the functional life of the satellites in orbit as of the date of the enactment of this Act under such program.
Not later than 60 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 of the Defense Meteorological Satellite Program;
the requirements, capabilities, and costs for such program for fiscal year 2026;
the projected costs—
to carry out such program for the functional life of the satellites in orbit as of the date of the enactment of this Act under such program; and
to replace the satellite functions under such program; and
any cybersecurity concerns relating to the systems used to process the data under such program.
Not later than the effective date set forth in subsection (d), the Director of National Intelligence and the Secretary of Defense shall take such actions as may be necessary for the Secretary of Defense to carry out the Foreign Languages Program, including such transfer of personnel, assets, and facilities from the Director to the Secretary as the Director and the Secretary jointly consider appropriate.
Part III of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter:
The Secretary of Defense shall, in coordination with the Director of National Intelligence, carry out a program to advance skills in foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States (hereinafter in this chapter referred to as the Foreign Languages Program).
In order to carry out the Foreign Languages Program, the Secretary of Defense shall identify actions required to improve the education of personnel in the Defense Intelligence Enterprise in foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States and to meet the long-term intelligence needs of the United States.
In carrying out the Foreign Languages Program, the head of a covered element of the Defense Intelligence Enterprise may enter into one or more education partnership agreements with educational institutions in the United States in order to encourage and enhance the study in such educational institutions of foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States.
Under an educational partnership agreement entered into with an educational institution pursuant to this section, the head of a covered element of the Defense Intelligence Enterprise may provide the following assistance to the educational institution:
The loan of equipment and instructional materials of the element of the Defense Intelligence Enterprise to the educational institution for any purpose and duration that the head of the element considers appropriate.
Notwithstanding any other provision of law relating to the transfer of surplus property, the transfer to the educational institution of any computer equipment, or other equipment, that is—
commonly used by educational institutions;
surplus to the needs of the element of the Defense Intelligence Enterprise; and
determined by the head of the element to be appropriate for support of such agreement.
The provision of dedicated personnel to the educational institution—
to teach courses in foreign languages that are critical to the capability of the Defense Intelligence Enterprise to carry out the national security activities of the United States; or
to assist in the development for the educational institution of courses and materials on such languages.
The involvement of faculty and students of the educational institution in research projects of the element of the Defense Intelligence Enterprise.
Cooperation with the educational institution in developing a program under which students receive academic credit at the educational institution for work on research projects of the element of the Defense Intelligence Enterprise.
The provision of academic and career advice and assistance to students of the educational institution.
The provision of cash awards and other items that the head of the element of the Defense Intelligence Enterprise considers appropriate.
Notwithstanding section 1342 of title 31, and subject to subsection (b), the Foreign Languages Program under section 2200m shall include authority for the head of a covered element of the Defense Intelligence Enterprise to accept from any dedicated personnel voluntary services in support of the activities authorized by this subtitle.
In accepting voluntary services from an individual under subsection (a), the head of a covered element of the Defense Intelligence Enterprise shall—
supervise the individual to the same extent as the head of the element would supervise a compensated employee of that element providing similar services; and
ensure that the individual is licensed, privileged, has appropriate educational or experiential credentials, or is otherwise qualified under applicable law or regulations to provide such services.
In accepting voluntary services from an individual under subsection (a), the head of a covered element of the Defense Intelligence Enterprise may not—
place the individual in a policymaking position, or other position performing inherently governmental functions; or
compensate the individual for the provision of such services.
The head of a covered element of the Defense Intelligence Enterprise may recruit and train individuals to provide voluntary services under subsection (a).
Subject to paragraph (2), while providing voluntary services under subsection (a) or receiving training under subsection (c), an individual shall be considered to be an employee of the Federal Government only for purposes of the following provisions of law:
Section 552a of title 5 (relating to maintenance of records on individuals).
Chapter 11 of title 18 (relating to conflicts of interest).
With respect to voluntary services under paragraph (1) provided by an individual that are within the scope of the services accepted under that paragraph, the individual shall be deemed to be a volunteer of a governmental entity or nonprofit institution for purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
In the case of any claim against such an individual with respect to the provision of such services, section 4(d) of such Act (42 U.S.C. 14503(d)) shall not apply.
Acceptance of voluntary services under this section shall have no bearing on the issuance or renewal of a security clearance.
The head of a covered element of the Defense Intelligence Enterprise may reimburse an individual for incidental expenses incurred by the individual in providing voluntary services under subsection (a). The head of a covered element of the Defense Intelligence Enterprise shall determine which expenses are eligible for reimbursement under this subsection.
Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.
The head of a covered element of the Defense Intelligence Enterprise may install telephone lines and any necessary telecommunication equipment in the private residences of individuals who provide voluntary services under subsection (a).
The head of a covered element of the Defense Intelligence Enterprise may pay the charges incurred for the use of equipment installed under paragraph (1) for authorized purposes.
Notwithstanding section 1348 of title 31, United States Code, the head of a covered element of the Defense Intelligence Enterprise may use appropriated funds or nonappropriated funds of the element in carrying out this subsection.
The Secretary of Defense shall, in coordination with the Director of National Intelligence, prescribe regulations to carry out the Foreign Languages Program.
The head of each covered element of the Defense Intelligence Enterprise shall prescribe regulations to carry out sections 2200n and 2200o with respect to that element including the following:
Procedures to be utilized for the acceptance of voluntary services under section 2200o.
Procedures and requirements relating to the installation of equipment under section 2200o(f).
In this chapter:
The term covered element of the Defense Intelligence Enterprise means an agency, office, bureau, or element referred to in subparagraph (B) of section 426(b)(4) of this title.
The term dedicated personnel means employees of the Defense Intelligence Enterprise and private citizens (including former civilian employees of the Federal Government who have been voluntarily separated, and members of the United States Armed Forces who have been honorably discharged, honorably separated, or generally discharged under honorable circumstances and rehired on a voluntary basis specifically to perform the activities authorized under this subtitle).
The term Defense Intelligence Enterprise has the meaning given such term in section 426(b)(4) of this title.
The term educational institution means—
a local educational agency (as that term is defined in section 8101 of the Elementary and Secondary Education Act of 1965);
an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) other than institutions referred to in subsection (a)(1)(C) of such section); or
any other nonprofit institution that provides instruction of foreign languages in languages that are critical to the capability of the Defense Intelligence Enterprise to carry out national security activities of the United States.
Title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) is amended by striking subtitle B (50 U.S.C. 3201 et seq.).
The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the items relating to subtitle B of title X.
The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, submit to the congressional defense committees a strategy on quantum readiness. Such strategy shall include each of the following:
An assessment of the risks that quantum computing pose to Department of Defense systems and data.
A determination of which Department systems and data are most vulnerable to quantum threats and critical to protect, and timelines for the transition of such systems and data.
An identification of the progress made by organizations and elements of the Department of Defense in inventorying and migrating all cryptographic systems to post-quantum cryptography by 2035 or earlier.
A plan to adopt and deploy automated quantum readiness platform tools, including capabilities that—
provide continuous visibility into an organization's cryptographic landscape;
automate the prioritization of cryptographic risks; and
facilitate the remediation of insecure cryptography.
An identification of the methodology used for evaluating and validating Department cryptographic modules as quantum ready.
An estimate of resources needed to achieve quantum readiness by the target deadline of 2035, as well as an additional estimate of resources needed to achieve quantum readiness earlier than 2035.
A detailed breakdown of how the funds provided in section 20005(a)(29) of the Act entitled An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14, approved July 4, 2025 (Public Law 119–21) will be allocated and obligated across specific programs, projects, and activities.
Any other matter the Secretary of Defense considers relevant.
The strategy required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.
Not later than 240 days after the date of the enactment of this Act, the Secretary shall, in coordination with the Chief Information Officer, submit to the congressional defense committees a briefing on the strategy required under subsection (a).
In this section:
The term post-quantum cryptography has the meaning given that term in section 3 of the Quantum Computing Cybersecurity Preparedness Act (Public Law 117–260; 6 U.S.C. 1526 note).
The term quantum readiness means the state in which an agency's cryptographic systems have been inventoried, continuously assessed for quantum vulnerabilities, and remediated through the adoption of quantum-resistant cryptographic algorithms and other practices.
In this section:
The term Chief Information Officer means the Chief Information Officer of the Department of Defense.
The term collaboration technology means a software system or application that offers 1 or more primary collaboration technology features.
The term Department means the Department of Defense.
The term end-to-end encryption means communications encryption in which data is encrypted when being passed through a network such that no party, other than the sender and each intended recipient of the communication, can access the decrypted communication, regardless of the transport technology used and the intermediaries or intermediate steps along the sending path.
The term identified standards means the standard, or set of standards, identified under subsection (b)(2).
The term interoperability has the meaning given the term in section 3601 of title 44, United States Code.
The term open standard means a standard, or a set of standards, that—
is available for any individual to read and implement;
does not impose any royalty or other fee for use; and
can be certified for low or no cost to users of the standard or set of standards.
The term primary collaboration technology feature means a technology feature or function that—
facilitates remote work or collaboration within the Department;
facilitates the work or collaboration described in subparagraph (A) by providing functionality that is core or essential, rather than ancillary or secondary; and
is identified by the Chief Information Officer under subsection (b)(1).
The term standards-compatible collaboration technology means collaboration technology—
each primary collaboration technology feature of which is compatible with the identified standards for such a primary collaboration technology feature; and
that has demonstrated compliance under subsection (d)(2).
The term voluntary consensus standard has the meaning given such term in Circular A–119 of the Office of Management and Budget entitled Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities, issued in revised form on January 27, 2016.
Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer shall, in consultation with such others as the Chief Information Officer considers relevant, identify a list of primary collaboration technology features, including—
voice and video calling, including—
calling between 2 individuals; and
calling between not less than 3 individuals;
text-based messaging;
file sharing;
live document editing;
scheduling and calendaring; and
any other technology feature or function that the Chief Information Officer considers appropriate.
Not later than 2 years after the date of the enactment of this Act, the Chief Information Officer shall identify a standard, or set of standards, for collaboration technology used by the Department that—
for each primary collaboration technology feature, specifies interoperability protocols, and any other protocol, format, requirement, or guidance required to create interoperable implementations of that feature, including—
protocols for applications to specify and standardize security, including systems for—
identifying and authenticating the individuals who are party to a communication or collaboration task;
controlling the attendance and security settings of voice and video calls; and
controlling access and editing rights for shared documents; and
protocols for any ancillary feature the Chief Information Officer identifies to support the core primary collaboration technology feature, including participation features available within video meetings;
to the extent possible, is based on open standards;
to the extent possible, is based on standards planned, developed, established, or coordinated using procedures consistent with those for voluntary consensus standards;
subject to paragraph (3), uses end-to-end encryption technology;
incorporates protocols, guidance, and requirements based on best practices for the cybersecurity of collaboration technology and collaboration technology features;
to the extent practicable, integrates cybersecurity technology designed to protect communications from surveillance by foreign adversaries, including technology to protect communications metadata from traffic analysis, with requirements developed in consultation with such others as the Chief Information Officer considers relevant;
to the extent practicable, is usable by, or offers options for, users with internet connections that have low-bandwidth or high-latency; and
subject to paragraph (5), with respect to the use of primary collaboration technology features, enables compliance with record retention and disclosure obligations.
The end-to-end encryption technology selected as part of the identified standards under paragraph (2), to the extent practicable, shall ensure that collaboration and communications content data cannot be compromised if a hosting server is compromised.
Subject to subparagraph (C), if the Chief Information Officer has identified an ancillary feature or function for a primary collaboration technology feature and is unable to identify a standard, or set of standards, that uses end-to-end encryption and that is compatible with such ancillary feature or function, the Chief Information Officer may identify a standard or set of standards that does not utilize end-to-end encryption that may be used to support the ancillary feature or function.
Subject to clause (ii), the Chief Information Officer shall ensure that, with respect to the use of standards-compatible collaboration technology that offers an ancillary technology feature or function described in subparagraph (B)—
the ancillary feature or function is disabled by default; and
the primary collaboration technology feature uses end-to-end encryption.
Clause (i) shall not apply to the use of a primary collaboration technology feature with an ancillary feature or function described in subparagraph (B) if—
the Chief Information Officer has enabled the use of the ancillary feature or function within the Department;
each user of the ancillary feature or function has been notified of the additional cybersecurity and surveillance risks accompanying the use of the ancillary feature or function;
each user of the ancillary feature or function has explicitly opted into the use of the ancillary feature or function; and
the primary collaboration technology feature offers a means for the Chief Information Officer to collect aggregate statistics about the use of the options that are not end-to-end encrypted.
To the extent practicable, the Chief Information Officer shall identify protocols, guidance, or requirements to ensure that standards-compatible collaboration technology provides users the ability to easily see the encryption status of any collaboration feature in use.
In identifying the identified standards, the Chief Information Officer shall consider secure, standards-based technologies adopted by a component or element of the Department, allies of the United States, State and local governments, and the private sector.
The Chief Information Officer shall ensure that requirements added to the identified standards to achieve compliance with record retention and disclosure obligations to the greatest extent practicable—
preserve the security benefits of end-to-end encryption;
avoid storing information, like plaintext messages or decryption keys, that would compromise the security of communications content data if a hosting server were compromised;
minimize other cybersecurity risks; and
require that all users party to a communication be notified that the communications content data is being saved for archival purposes.
If the Chief Information Officer determines that it is infeasible to identify a standard for a particular primary collaboration technology feature not later than 2 years after the date of enactment of this Act, the Chief Information Officer may issue a waiver to extend the deadline for the identification of such standard for the particular primary collaboration technology feature.
A waiver described in subparagraph (A) shall include—
the particular primary collaboration technology feature for which the waiver is issued; and
an explanation of the reason for which it is currently infeasible to identify a standard meeting the requirements under paragraph (2).
A waiver issued by the Chief Information Officer under subparagraph (A) shall be valid for 1 year.
The Chief Information Officer may re-issue a waiver under paragraph (1) for a primary collaboration technology feature not more than 10 times.
On and after the date that is 4 years after the date on which the Chief Information Officer identifies the identified standards, the head of a component or element of the Department may only procure collaboration technology if the collaboration technology is standards-compatible collaboration technology.
The following collaboration systems shall not be subject to the requirements under paragraph (1):
Email.
Voice services, as defined in section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)).
National security systems, as defined in section 11103(a) of title 40, United States Code.
If a software product or a device with a software operating system has built-in primary collaboration technology features that are not compatible with the identified standards, and the Chief Information Officer cannot procure the product or device with those primary collaboration technology features disabled before purchase, the Chief Information Officer may comply with this subsection by disabling the primary collaboration technology features that are not compatible with the identified standards before provisioning the software product or device to an employee of the Department.
The Chief Information Officer may issue a certification for waiver of the prohibition under paragraph (1) with respect to a particular collaboration technology.
A certification under subparagraph (A) shall cite not less than 1 specific reason for which the Department is unable to procure standards-compatible collaboration technology that meets the needs of the Department.
The Chief Information Officer shall submit to the congressional defense committees a copy of each certification issued under subparagraph (A).
The Chief Information Officer shall post a copy of each certification issued under subparagraph (A) on the Department’s website.
A certification with respect to a particular collaboration technology under this paragraph shall result in a waiver of the prohibition for that particular collaboration technology under paragraph (1)(B) that—
shall be valid for a 4-year period; and
may be renewed by the Chief Information Officer.
Not later than 1 year after the date on which the Chief Information Officer identifies the identified standards, the Chief Information Officer shall identify third-party online interoperability test suites, including not less than 1 free test suite, or develop a free online interoperability test suite if no suitable third-party test suite can be identified, which shall—
enable any entity to test whether an implementation of a primary collaboration technology feature has interoperability with the identified standards; and
offer an externally-shareable version of the interoperability test results that can be provided as part of a demonstration of compliance under paragraph (2).
In order to demonstrate that a collaboration technology is a standards-compatible collaboration technology, the provider of the collaboration technology shall provide to the Chief Information Officer—
an attestation that includes an affirmation that—
each primary collaboration technology feature of the collaboration technology, by default—
uses the relevant standard or standards from the identified standards for the primary collaboration technology feature to interoperate with other instances of standards-compatible collaboration technology; and
follows all guidance and requirements from the identified standards that is applicable to the primary collaboration technology feature; and
the collaboration technology enables the Chief Information Officer to disable the ability of users to use modes of the collaboration technology that are not compatible with the identified standards; and
interoperability test results described in paragraph (1)(B) that demonstrate interoperability with the identified standards for each primary collaboration technology feature the collaboration technology offers.
Upon a review of the materials submitted under paragraph (2), the Chief Information Officer shall publish on the website of the Department a list of each collaboration technology that the Chief Information Officer has determined to be a standards-compatible collaboration technology.
Nothing in this subsection shall be construed to require a collaboration technology vendor to directly test the interoperability of a primary collaboration technology feature with the product of another collaboration technology vendor.
Not later than 4 years after the date on which the Chief Information Officer identifies the identified standards, the Chief Information Officer shall conduct security reviews of collaboration technology products used within the Department, to identify any cybersecurity vulnerability or threat relating to those collaboration technology products.
With respect to collaboration technology products selected for security reviews under paragraph (1), the Chief Information Officer shall determine the number of products, the specific products, and the prioritization of products for security review, considering factors including—
the total number of users across the Department using a collaboration technology product; and
an estimation of the likelihood of a collaboration technology product being targeted for hacking.
Not later than 30 days after the date on which the Chief Information Officer conducts security reviews under paragraph (1), the Chief Information Officer shall submit to the congressional defense committees a report on the results of the security reviews.
Nothing in this section shall be construed to limit the ability of—
the Department to communicate with other entities using standards-compatible collaboration technology; or
other entities to use the identified standards or standards-compatible collaboration technology.
An individual not described in paragraph (2) may not maintain, administer, operate, use, receive information about, or directly access or indirectly access, irrespective of whether the individual is supervised by a citizen of the United States, any Department of Defense cloud computing system or cloud-based software, Department data, or Department-related data.
An individual is described in this paragraph if the individual—
has the requisite security clearance or authorization required to access the applicable system, software, or data; and
is person described in paragraph (1) or (2) of section 504(b) of title 10, United States Code; or
is a citizen of a member country of the Five Eyes intelligence-sharing alliance or of a country that is an ally or partner of the United States that has a similar agreement in effect.
The Secretary of Defense shall establish regulations to carry out this subsection, including safeguards to ensure that only individuals described in paragraph (2) maintain, administer, operate, access, and use the systems, software, and data described in paragraph (1).
The Secretary shall—
review all relevant guidance, directives, procedures, requirements, and regulations of the Department of Defense, including the Cloud Computing Security Requirements Guide, the Security Technical Implementation Guides, and related Department instructions; and
make such revisions as may be necessary to ensure conformity and compliance with subsection (a).
The Secretary shall—
conduct a review of all cloud computing contracts in effect for the Department—
for any violations of section 252.225–7058 of the Defense Federal Acquisition Regulation Supplement and recommended penalties; and
to determine—
which contracts have allowed individuals not described in paragraph (2) to maintain, administer, operate, or directly access or indirectly access, whether supervised or unsupervised by a United States citizen, any Government cloud computing system or cloud-based software, Government data, or Government-related data; and
how many of the individuals described in clause (i) are citizens of foreign countries of concern; and
submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the findings of the Secretary with respect to the review conducted pursuant to paragraph (1).
ln this section:
The term cloud computing has the meaning given such term in section 239.7601 of the Defense Federal Acquisition Regulation Supplement, or successor regulation.
The term cloud-based software means a software application, platform, or computational service that is—
delivered to end users via internet-based cloud computing infrastructure;
hosted, operated, maintained, and controlled by a third-party service provider; and
accessed remotely by users without requiring local installation or deployment of the software on user devices or Department-controlled systems.
The terms Department data and Department-related data have the meanings given the terms Government data and Government-related data, respectively, in section 239.7601 of the Defense Federal Acquisition Regulation Supplement, or successor regulation, except in this section, such terms apply only to the Department of Defense.
The term directly access, with respect to a system, software, or data, means—
to physically access the system, software, or data; or
to logically access the system, software, or data, through proxy, virtual, administrative, or programmatic means such that an individual can modify, alter, control, administer, configure, or deploy the system, software, or data.
The term Five Eyes intelligence-sharing alliance includes the following:
The Commonwealth of Australia.
Canada.
New Zealand.
The United Kingdom of Great Britain and Northern Ireland.
The United States of America.
The term foreign country of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
The term indirectly access, with respect to a system, software, or data, means to obtain, receive, collect, or derive information from the system, software, or data regarding technical details, operational characteristics, or security-related attributes, including—
system configurations;
network architecture;
security controls;
data schemas;
performance metrics; and
access logs or other information that could compromise the confidentiality, integrity, or availability of the system, software, or data.
The Comptroller General of the United States shall conduct a review of the Department of Defense policies and governance relating to adoption of artificial intelligence tools for military needs.
The review conducted under subsection (a) shall include the following matters:
An analysis of Department organizational structure for overseeing, tracking, and responding to risks and opportunities arising from military uses of artificial intelligence, including—
the responsibilities, functions, authorities, and actions of the Chief Digital and Artificial Intelligence Office and other relevant Department offices in the incorporation, implementation, and oversight of artificial intelligence;
Department processes for development of lessons learned, adoption of best practices, and information sharing with other government agencies, industry, academia, and allies and partners;
the development of metrics, policy guardrails, oversight mechanisms, and risk mitigation procedures for Department use of artificial intelligence tools;
steps to ensure all Department engagement with artificial intelligence companies and industry leaders incorporate appropriate recusal requirements, safeguards, and oversight mechanisms to prevent conflicts of interest and biased decisionmaking processes; and
processes in place to ensure new contracting mechanisms for artificial intelligence provide for appropriate safeguards, transparency requirements, and oversight mechanisms to prevent conflicts of interest and to limit Department exposure to artificial intelligence risks.
A full description and assessment of current Department of Defense policies and practices relating to current and potential military and civilian applications of artificial intelligence.
Recommendations for improvements to standards, processes, procedures, and policy relating to the use of artificial intelligence in improving Department civilian and military operations, reducing associated risks, and increasing reliability, effectiveness, safety, and oversight of Department activities.
Not later than July 1, 2026, the Comptroller General shall submit to the congressional defense committees a report on the findings of the Comptroller General with respect to the review conducted pursuant to subsection (a).
Section 2391(d)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
A project selected to receive assistance under this subsection may include a demolition project.
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the prevalence of indoor mold, pathogens, and airborne toxins within housing units at installations of the Air Force.
The report required under subsection (a) shall include the following:
An assessment of installations of the Air Force in the United States with 500 or more housing units that have had reported instances of mold, pathogens, or airborne toxins since 2010.
The number of reports of mold, pathogens, and airborne toxins at each installation specified under paragraph (1), including relevant dates of the reports.
A description of the steps the Secretary of the Air Force is taking to effectively remediate the housing units where mold, pathogens, and airborne toxins are found.
An assessment of the ability of installations of the Air Force to locate, mitigate, and prevent indoor residential mold, pathogens, and airborne toxins within housing units of the Air Force, including the feasibility and cost associated with testing and treating individual housing units located at such installations for mold, pathogens, and airborne toxins prior to a member of the Air Force and their dependents taking residence in the unit.
Subsection (c) of section 2884 of title 10, United States Code, is amended by adding at the end the following new paragraphs:
An overview of the housing data being used by the Department and the housing data being sought from management companies.
An assessment of how the Secretary of each military department is using such housing data to inform the on-base housing decisions for such military department.
An explanation of the limitations of any customer satisfaction data collected (including with respect to the availability of survey data), the process for determining resident satisfaction, and reasons for missing data.
To the maximum extent practicable, a breakdown of the information under this paragraph by installation and military housing project.
Such subsection is further amended—
in paragraph (14), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively;
by redesignating paragraphs (1) through (18) as subparagraphs (A) through (R), respectively;
in subparagraph (E), as redesignated by paragraph (2), by striking paragraphs (1) through (4) and inserting subparagraphs (A) through (D);
in the matter preceding subparagraph (A), as so redesignated, by striking The Secretary and inserting (1) The Secretary; and
by adding at the end the following new paragraph:
Not later than 30 days after submitting a report under paragraph (1), the Secretary of Defense shall publish the report on a publicly available website of the Department of Defense.
The heading for such subsection is amended by striking Annual and inserting Semi-annual.
Subsection (d)(1) of such section is amended by striking paragraphs (1) through (14) of subsection (c) and inserting subparagraphs (A) through (R) of subsection (c)(1).
The Secretary of Defense, in carrying out the satisfaction survey requirement under section 3058 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 2821 note), shall update guidance to the Secretaries of the military departments to ensure that members of the Armed Forces living in military unaccompanied housing are surveyed in a consistent and comparable manner.
The Secretary of Defense shall conduct a review of the processes and methodologies by which the Secretaries of the military departments calculate condition scores for military unaccompanied housing facilities under the jurisdiction of the Secretary concerned.
The review required under paragraph (1) shall, among other factors—
consider how best to ensure a condition score of a facility reflects—
the physical condition of the facility; and
the effect of that condition on the quality of life of members of the Armed Forces.
aim to increase methodological consistency between the military departments.
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 the House of Representatives a report on the results of the review conducted under paragraph (1).
The Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense under section 1105(a) of title 31, United States Code, an accounting of unaccompanied members of the Armed Forces whose rank would require that they live in military unaccompanied housing, but that also receive a basic allowance for housing under section 403 of title 37, United States Code.
The accounting required under paragraph (1) shall include—
the number of members of the Armed Forces described in such paragraph;
the total value of basic allowance for housing payments provided to those members; and
such other information as the Secretary considers appropriate.
Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall develop a means for centralized tracking, at the service level, of all military construction requirements related to military unaccompanied housing that have been identified at the installation level, regardless of whether or not they are submitted for funding.
In this section, the term military unaccompanied housing has the meaning given that term in section 2871 of title 10, United States Code.
It is the sense of Congress that—
the modernization of the ground-based leg of the nuclear triad of the United States is vital to the security of the homeland and a core component of the homeland defense mission;
extending the lifecycle of the current Minuteman III platform is both costly and an unsustainable long-term option for maintaining a ready and capable ground-based leg of the nuclear triad;
the breach of chapter 325 of title 10, United States Code (commonly known as the Nunn-McCurdy Act) by the program to modernize the ground-based leg of the nuclear triad should be addressed in a way that balances the national security need with fiscally responsible modifications to the program that prevent future unanticipated cost overruns;
that breach does not alter the fundamental national security need for the modernization program; and
the modernization program should remain funded and active.
This division may be cited as the Intelligence Authorization Act for Fiscal Year 2026.
The table of contents for this division is as follows:
In this division:
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).
The term intelligence community has the meaning given such term in such section.
Funds are hereby authorized to be appropriated for fiscal year 2026 for the conduct of the intelligence and intelligence-related activities of the Federal Government.
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.
The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to 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.
The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except—
as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
to the extent necessary to implement the budget; or
as otherwise required 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 authorized by law.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2026.
The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by adding at the end the following:
It shall be unlawful, within the jurisdiction of the United States, without authorization to willfully go upon any property, while knowing that such property is—
under the jurisdiction of an element of the intelligence community; and
closed or restricted.
Any person who violates subsection (a) with intent to gather intelligence or information to the detriment of the United States shall—
in the case of the first offense, be fined under section 3517 of title 18, United States Code, imprisoned not more than 6 months, or both;
in the case of a second offense after a prior conviction under subsection (a) has become final, be fined under such title, imprisoned not more than 2 years, or both; and
in the case of a third or subsequent offense after a prior conviction under subsection (a) has become final, be fined under such title, imprisoned not more than 5 years, or both.
The table of contents preceding section 2 of such Act is amended by adding at the end the following:
Not less frequently than once each year, each head of an element of the intelligence community specified in subsection (c) shall—
conduct a survey of analytic objectivity among officers and employees of the element of the head who are involved in the production of intelligence products; and
submit to the congressional intelligence committees a report on the findings of the head with respect to the most recently completed survey under paragraph (1).
Each survey conducted pursuant to subsection (a)(1) for an element of the intelligence community shall cover the following:
Perceptions of the officers and employees regarding the presence of bias or politicization affecting the intelligence cycle.
Types of intelligence products perceived by the officers and employees as most prone to objectivity concerns.
Whether objectivity concerns identified by responders to the survey were otherwise raised with an analytic ombudsman or appropriate entity.
The elements of the intelligence community specified in this subsection are the following:
The National Security Agency.
The Defense Intelligence Agency.
The National Geospatial-Intelligence Agency.
Each intelligence element of the Army, the Navy, the Air Force, the Marine Corps, the Space Force, and the Coast Guard.
The Directorate of Intelligence of the Federal Bureau of Investigation.
The Office of Intelligence and Counterintelligence of the Department of Energy.
The Bureau of Intelligence and Research of the Department of State.
The Office of Intelligence and Analysis of the Department of Homeland Security.
The Office of Intelligence and Analysis of the Department of the Treasury.
Section 6312 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3364 note; Public Law 117–263) is amended—
by amending subsection (b) to read as follows:
Training required pursuant to the policy required by subsection (a) shall be a dedicated, stand-alone training that includes instruction on avoiding political bias.
in subsection (d)(1)—
by striking number and themes of; and
by striking the period at the end and inserting , including the number and themes of such incidents and a list of each intelligence product reported during the preceding 1-year period to the Analytic Ombudsman of the Office of the Director of National Intelligence..
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 an estimate of the amount of obligations expected to be incurred by the Federal Government after the date of the enactment of this Act to ensure that all sensitive compartmented information facilities of the intelligence community are compliant with Intelligence Community Directive 705.
The estimate submitted pursuant to subsection (a) shall include the following:
The estimate described in subsection (a), disaggregated by element of the intelligence community.
An implementation plan to ensure compliance described in such subsection.
Identification of the administrative actions or legislative actions that may be necessary to ensure such compliance.
Section 104B(a) of the National Security Act of 1947 (50 U.S.C. 3037(a)) is amended by inserting , by and with the advice and consent of the Senate after President.
The amendment made by paragraph (1) shall take effect on the first date after the date of the enactment of this Act that the position of Deputy Director of the Central Intelligence Agency becomes vacant.
Section 2 of the National Security Agency Act of 1959 (50 U.S.C. 3602) is amended by adding at the end the following:
There is a Deputy Director of the National Security Agency, who shall be appointed by the President, by and with the advice and consent of the Senate.
Section 119(b)(1) of the National Security Act of 1947 (50 U.S.C. 3056(b)(1)) is amended by striking President, by and with the advice and consent of the Senate and inserting Director of National Intelligence.
Section 902(a) of the Intelligence Authorization Act for Fiscal Year 2003 (50 U.S.C. 3382a)) is amended by striking President, by and with the advice and consent of the Senate and inserting Director of National Intelligence.
Section 103C(a) of the National Security Act of 1947 (50 U.S.C. 3028(a)) is amended by striking by the President, by and with the advice and consent of the Senate and inserting by the Director of National Intelligence.
Section 20(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3520(a)) is amended by striking by the President, by and with the advice and consent of the Senate and inserting by the Director of the Central Intelligence Agency.
The head of the Office of Counterintelligence of the Office of Intelligence and Analysis of the Department of the Treasury shall implement policies and procedures that ensure counterintelligence support—
to all entities of the Department of the Treasury responsible for safeguarding networks and systems; and
for coordination between counterintelligence threat mitigation activities and cyber network and system defense efforts.
Not later than 270 days after the date of the enactment of this Act, the head described in subsection (a) 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 status of the implementation of such subsection.
Not later than 30 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 personnel matters of the Director's Initiatives Group.
The report submitted pursuant to subsection (a) shall include the following:
The process for hiring members of the Director's Initiatives Group.
A list of personnel of such group, from the date of the creation of the group, including a description of responsibilities for each of the personnel.
Funding sources for personnel of such group.
A list of which personnel of such group received security clearances and the process for receiving such security clearances.
Not later than 30 days before taking any action affecting the resources of the National Intelligence Program (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), the Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives notice of the intent of the Director to take such action.
Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended—
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
by inserting after subsection (b) the following:
With respect to a member of a qualifying Federal service who is an officer or employee of an element of the intelligence community, the term permanent duty station, as used in this section, shall exclude a permanent duty station that is within 50 miles of the headquarters facility of such element.
Section 30 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3531) is amended by adding at the end the following:
Not less frequently than once every 365 days, the Director shall—
complete an Agency climate assessment—
that does not request any information that would make an Agency employee or an Agency employee's position identifiable;
for the purposes of—
preventing and responding to sexual assault and sexual harassment; and
examining the prevalence of sexual assault and sexual harassment occurring among the Agency's workforce; and
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; and
submit to the appropriate congressional committees the findings of the Director with respect to the climate assessment completed pursuant to subparagraph (A).
In this subsection, the term appropriate congressional committees means—
the Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
the Permanent Select Committee on Intelligence and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Defense, shall submit to the congressional intelligence committees, the congressional defense committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the secure mobile communications systems available to employees and officers of the intelligence community, disaggregated by element of the intelligence community.
The report submitted pursuant to subsection (a) shall include the following:
The number of employees and officers of the intelligence community using each secure mobile communications system, disaggregated by element of the intelligence community and by employee or officer level.
An estimate of the expenditures incurred by the intelligence community to develop and maintain the systems described in subsection (a), disaggregated by system, element of the intelligence community, year, and number of mobile devices using or accessing the systems.
A list of the capabilities of each system and the level of classification for each.
For each system described in subsection (a), identification of the element of the intelligence community that developed and maintains the system and whether that element has service agreements with other elements of the intelligence community for use of the system.
Identification of any secure mobile communications systems that are in development, the capabilities of such systems, how far along such systems are in development, and an estimate of when the systems will be ready for deployment.
The report submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall—
develop a plan to implement an integrated tracking system that spans the intelligence community for the accreditation of sensitive compartmented information facilities to increase transparency, track the status of accreditation, and to reduce and minimize duplication of effort; and
submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives the plan developed pursuant to paragraph (1).
The plan required by subsection (a)(1) shall include the following:
An estimated cost of implementing the plan.
A description for how applicants and cleared industry could monitor the status of their sensitive compartmented information facility accreditation.
Guidelines for minimizing duplication of effort across the intelligence community and the Department of Defense in the accreditation process for sensitive compartmented information facilities.
Creation of a mechanism to track compliance with Intelligence Community Directive 705 (relating to sensitive compartmented information facilities), or successor directive.
Proposed measures for increasing security against adversary threats.
A list of any administrative and legislative actions that may be necessary to carry out the plan.
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Director of the Federal Bureau of Investigation, shall submit to the appropriate congressional committees an assessment of the counterintelligence vulnerabilities of the National Aeronautics and Space Administration.
The assessment required by paragraph (1) shall include the following:
An assessment of the vulnerability of the security practices and facilities of the National Aeronautics and Space Administration to efforts by nation-state and non-nation-state actors to acquire United States space technology.
An assessment of the counterintelligence threat posed by nationals of the Russian Federation and the People’s Republic of China at centers of the National Aeronautics and Space Administration.
Recommendations for how the National Aeronautics and Space Administration can mitigate any counterintelligence gaps identified under subparagraphs (A) and (B).
A description of efforts of the National Aeronautics and Space Administration to respond to the efforts of state sponsors of terrorism, other foreign countries, and entities to illicitly acquire United States satellites and related items as described in reports submitted by the Director of National Intelligence pursuant to section 1261 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239).
An evaluation of the effectiveness of the efforts of the National Aeronautics and Space Administration described in subparagraph (D).
The Administrator of the National Aeronautics and Space Administration shall cooperate fully with the Director of National Intelligence and the Director of the Federal Bureau of Investigation in submitting the assessment required by paragraph (1).
The assessment required by paragraph (1) may be submitted in unclassified form with a classified annex.
In this subsection, the term appropriate congressional committees means—
the congressional intelligence committees;
the Committee on the Judiciary, the Committee on Appropriations, the Committee on Commerce, Science, and Transportation, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on the Judiciary, the Committee on Appropriations, the Committee on Science, Space, and Technology, and the Committee on Homeland Security of the House of Representatives.
Section 1261(e)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended by inserting until December 31, 2026 after thereafter.
Not later than 60 days after the date of the enactment of this Act, the head of the Counterintelligence Division of the Federal Bureau of Investigation, in coordination with the head of the Office of Private Sector of the Federal Bureau of Investigation, shall—
develop an assessment of the counterintelligence risks to commercial spaceports; and
distribute the assessment to—
each field office of the Federal Bureau of Investigation the area of responsibility of which includes a federally licensed commercial spaceport;
the leadership of each federally licensed commercial spaceport;
the congressional intelligence committees;
the Committee on the Judiciary of the Senate; and
the Committee on the Judiciary of the House of Representatives.
The assessment required by paragraph (1) shall be distributed at the lowest classification level possible, but may include classified annexes at higher classification levels.
Section 26 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3527) is amended to read as follows:
There is in the Agency a Chaplain Corps for the provision of spiritual and religious pastoral services.
The head of the Chaplain Corps shall be the Chief of Chaplains, who shall be appointed by the Director and report directly to the Director.
Chaplains of the Chaplain Corps shall—
be located—
at the headquarters building of the Agency; and
outside the United States in each region of the regional mission centers of the Agency; and
travel as necessary to provide services to personnel of the Agency where such personnel are located.
The Chaplain Corps—
shall be staffed by full-time employees of the Agency; and
shall not be staffed by any government contractor.
A member of the staff of the Chaplain Corps shall serve exclusively in the member's role in the Chaplain Corps.
Assignment to the Chaplain Corps shall not be a collateral duty.
The Director may appoint and fix the compensation of such staff of the Chaplain Corps as the Director considers appropriate, except that the Director may not provide basic pay to any member of the staff of the Chaplain Corps at an annual rate of basic pay in excess of the maximum rate of basic pay for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code.
The ratio of chaplains of the Chaplain Corps to personnel of the Agency shall be, to the extent practicable, equal to the ratio of chaplains of the Armed Forces to members of the Armed Forces.
Each chaplain of the Chaplain Corps shall—
before being hired to the Chaplain Corps—
have had experience in chaplaincy or the provision of pastoral care; and
be board certified and licensed as a chaplain by a national chaplaincy and pastoral care organization or equivalent; and
maintain such certification while in the Chaplain Corps.
The Director shall—
reimburse members of the staff of the Chaplain Corps for work-related travel expenses;
provide security clearances, including one-time read-ins, to such members to ensure that personnel of the Agency can seek unrestricted chaplaincy counseling; and
furnish such physical workspace at the headquarters building of the Agency, and outside the United States in each region of the regional missions centers of the Agency, as the Director considers appropriate.
The Director shall implement privacy standards with respect to the physical workspaces of the Chaplain Corps to ensure privacy for individuals visiting such spaces.
The Director may not require a chaplain of the Chaplain Corps to perform any rite, ritual, or ceremony that is contrary to the conscience, moral principles, or religious beliefs of such chaplain.
Not less frequently than annually, the Director shall certify to Congress whether the chaplains of the Chaplain Corps meet the qualifications described in subsection (d)(5)(B).
A contractor or subcontractor of an element of the intelligence community, as a condition on contracting with an element of the intelligence community, may not, while a contract or subcontract for an element of the intelligence community is effective—
collect, retain, or knowingly or recklessly facilitate the collection or retention of location data from phones, wearable fitness trackers, and other cellular-enabled or cellular-connected devices located in any covered location, regardless of whether service for such device is provided under contract with an element of the intelligence community, except as necessary for the provision of the service as specifically contracted; or
sell, monetize, or knowingly or recklessly facilitate the sale of, location data described in paragraph (1) to any individual or entity that is not an element of the intelligence community.
For purposes of subsection (a), a covered location is any location described in section 202.222(a)(1) of title 28, Code of Federal Regulations, or successor regulations.
Not later than 60 days after the date of the enactment of this Act, each head of an element of the intelligence community shall require each contractor and subcontractor of the element to submit to the head a certification as to whether the contractor or subcontractor is in compliance with subsection (a).
The veracity of a certification under subsection (c) shall be treated as material for purposes of section 3729 of title 31, United States Code.
Section 3(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3503(a)) is amended by striking 3069 and inserting 3066.
The Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, and in consultation with the relevant heads of the elements of the intelligence community, as determined by the Directors, shall brief the Board of Governors of the Federal Reserve System on foreign threats to the Federal Reserve System.
Not later than 90 days after the date of the enactment of this Act, the Director of the National Geospatial-Intelligence Agency and the Director of the National Reconnaissance Office, in consultation with the Director of National Intelligence and the Secretary of Defense, shall jointly develop and submit to the appropriate committees of Congress a plan to establish an office described in subsection (b).
An office described in this subsection is a co-located joint program management office for commercial geospatial intelligence data and services.
The plan required by subsection (a) shall include the following:
Milestones for implementation of the plan.
An updated acquisition strategy that considers efficiencies to be gained from closely coordinated acquisitions of geospatial intelligence data and services.
In this section, the term appropriate committees of Congress means—
the congressional intelligence committees;
the Committee on Armed Services and the Committee on Appropriations of the Senate; and
the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees, the Committee on Homeland Security and Government Affairs and the Committee on the Judiciary of the Senate, and the Committee Oversight and Government Reform and the Committee on the Judiciary of the House of Representatives on a review of the adequacy of policies and procedures governing the use of commercial messaging applications by the intelligence community.
The review required by subsection (a) shall include an assessment of compliance by the intelligence community with chapter 31 of title 44, United States Code (commonly known as the Federal Records Act of 1950).
The review required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
The National Security Agency Act of 1959 (50 U.S.C. 3602 et seq.) is amended by adding at the end the following:
The Director of the National Security Agency may correlate and evaluate intelligence related to national security and provide appropriate dissemination of such intelligence to appropriate legislative and executive branch customers.
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the head of each element of the intelligence community, shall revise all regulations, policies, procedures, manuals, circulars, courses, training, and guidance in the intelligence community such that all such materials are in compliance with and consistent with this section.
None of the funds authorized to be appropriated by any law for the National Intelligence Program shall be used for the purposes of implementing covered practices in the intelligence community.
In this section, the term covered practice means any practice that discriminates for or against any person in a manner prohibited by the Constitution of the United States, the Civil Rights Act of 1964 (42 U.S.C. 2000 et seq.), or any other Federal law.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by inserting after section 512 the following:
Not later than 30 days after the date of the enactment of this section, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report containing data on cases of the Federal Bureau of Investigation for the fiscal year preceding the fiscal year in which the report is submitted.
Each report required by subsection (a) shall include, for the fiscal year covered by the report, the number of active cases, the number of unique cases, and the number of cases opened, for each of the following:
Russia counterintelligence cases.
China counterintelligence cases.
Espionage or leak cases.
All other counterintelligence cases.
ISIS counterterrorism cases.
Hizballah counterterrorism cases.
Cartel and other transnational criminal organization counterterrorism cases.
All other international counterterrorism cases.
Russia cyber national security cases.
China cyber national security cases.
All other cyber national security cases.
Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
The table of contents preceding section 2 of such Act is amended by inserting after the item relating to section 512 the following:
This title may be cited as the Intelligence Authorization Act for Fiscal Year 2026.
Subsection (c)(7) of section 102A of the National Security Act of 1947 (50 U.S.C. 3024) is amended by striking (A) The Director and all that follows through (B) The Director and inserting The Director.
Such section is amended by striking subsection (e).
Subsection (f) of such section is amended—
in paragraph (2), by striking and may and all that follows through determines necessary; and
in paragraph (3)(A)—
in the matter preceding clause (i), by striking consultation and inserting coordination;
in clause (iii)—
by striking recruitment and retention and inserting recruitment, retention, and training; and
by striking the semicolon at the end and inserting , including those with diverse ethnic, cultural, and linguistic backgrounds; and;
in clause (vi), by inserting on behalf of the Director of National Intelligence after matters;
by striking clauses (i), (ii), (iv), and (v); and
by redesignating clauses (iii) and (vi) as clauses (i) and (ii), respectively.
Paragraph (7) of such subsection is amended—
in subparagraph (A), by striking conduct and inserting direct;
in subparagraph (B), by inserting directed before under; and
in subsection (C)(i), by striking conducted and inserting directed.
Paragraph (8)(A) of such subsection is amended by striking conduct and inserting direct independent.
Paragraph (8)(D) of such subsection is amended by striking carry out and inserting direct independent.
Such section is further amended by striking subsection (l).
Subsection (z) of such section is amended—
in paragraph (1)—
by inserting , or the head of an element of the intelligence community to whom the Director has delegated such review or investigation, after for which the Director; and
by inserting or such head after materials, the Director; and
in paragraph (2), by inserting , or the head of an element of the intelligence community to whom the Director has delegated such review or investigation, after the Director.
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in consultation with each head of an element of the intelligence community, submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan to reform the acquisition process of each element of the intelligence community so that, to the maximum extent practicable, the process uses existing authorities to expedite acquisitions and includes a preference for acquisition of commercial solutions, consistent with section 3453 of title 10, United States Code, and Executive Order 14265 (90 Fed. Reg. 15621; relating to modernizing defense acquisitions and spurring innovation in the defense industrial base).
The plan required by paragraph (1) shall include an itemization of major planned or pending acquisitions for each element of the intelligence community.
Such section is further amended—
by redesignating subsections (f) through (k) as subsections (e) through (j), respectively;
by redesignating subsections (m) through (z) as subsections (k) through (x), respectively;
in subsection (e), as redesignated by subparagraph (A), in paragraph (7), by striking under subsection (m) and inserting under subsection (k); and
in subsection (v)(3), as redesignated by subparagraph (B), by striking under subsection (f)(8) and inserting under subsection (e)(8).
The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
in section 103(c)(15) (50 U.S.C. 3025(c)(15)), by striking , including national intelligence centers; and
in section 313(1) (50 U.S.C. 3079(1)), by striking with section 102A(f)(8) and inserting with section 102A(e)(8).
Section 7(a)(1)(A) of the Reducing Over-Classification Act (50 U.S.C. 3344(a)(1)(A)) is amended by striking of section 102A(g)(1) and inserting of section 102A(f)(1).
Section 1019(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364(a)) is amended by striking out section 102A(h) and inserting out section 102A(g).
Not later than 90 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 plan to reduce the staff of the Office of the Director of National Intelligence.
The plan required by paragraph (1) shall include a plan for reducing the staff of the Office of the Director of National Intelligence to the maximum number of full-time equivalent employees, detailees, and individuals under contract with the Office that the Director requires for the optimized execution of the Director's statutory authorities and ensures—
each Federal employee who is employed by, detailed to, or assigned to the Office of the Director of National Intelligence will be provided an opportunity to accept alternative employment, detail, or assignment within the United States Government; and
no such Federal employee will be involuntarily terminated by the implementation of the plan required by paragraph (1).
On a date that is at least 90 days after the date on which the plan required by subsection (a)(1) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate a process to reduce the staff of the Office of the Director of National Intelligence, provided the Director submits to the congressional intelligence committees a certification that—
each Federal employee who is employed by, detailed to, or assigned to the Office of the Director of National Intelligence will be provided an opportunity to accept alternative employment, detail, or assignment within the United States Government; and
no such Federal employee will be involuntarily terminated by the implementation of such process, except as provided in subsection (c)(1).
Not later than 60 days after the date on which the plan required by subsection (a)(1) is submitted, and every 60 days thereafter until the staff of the Office of the Director of National Intelligence does not exceed the number of full-time equivalent employees, detailees, and individuals under contract with the Office identified in the plan provided pursuant to subsection (a), 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 written update identifying the positions of the employees, detailees, and individuals under contract with the Office of the Director of National Intelligence who have been part of the reduction in staff.
Nothing in this section shall be construed as prohibiting—
the involuntarily termination of a Federal employee when there is—
written documentation to support a security, counterintelligence, or other lawful basis for termination based on misconduct; or
written documentation over a period of at least 180 days to support a performance basis for the termination; or
the return of detailees to their home agencies 45 days after the date on which the plan required by subsection (a)(1) is submitted.
Subsection (f) of such section is amended by inserting , with facilities necessary to carry out the core intelligence mission of the Office before the period at the end.
Subsection (a) of section 103A of the National Security Act of 1947 (50 U.S.C. 3026) is amended—
in the subsection heading, by striking Principal; and
by striking Principal each place it appears.
Subsection (c) of such section is amended—
in the subsection heading, by striking Principal; and
in paragraph (2)(B), by striking Principal.
Such Act is further amended—
in section 103(c)(2) (50 U.S.C. 3025(c)(2)), by striking Principal;
in section 103I(b)(1) (50 U.S.C. 3034(b)(1)), by striking Principal;
in section 106(a)(2)(A) (50 U.S.C. 3041(a)(2)(A)), by striking Principal; and
in section 116(b) (50 U.S.C. 3053(b)), by striking Principal.
Section 6310 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3351b) is amended by striking Principal each place it appears.
Section 1683(b)(3) of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(b)(3)) is amended by striking Principal both places it appears.
Section 103A(b) of the National Security Act of 1947 (50 U.S.C. 3026(b)) is amended—
in the subsection heading, by striking Deputy and inserting Assistant;
in paragraph (1), by striking may and all that follows through the period at the end and inserting the following: is an Assistant Director of National Intelligence for Mission Integration and an Assistant Director of National Intelligence for Policy and Capabilities, who shall be appointed by the Director of National Intelligence.; and
in paragraph (2), by striking Deputy and inserting Assistant.
The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
in section 102A(l)(4)(F) (50 U.S.C. 3024(l)(4)(F)), as redesignated by section 402(g)(1)(B), by striking a Deputy and inserting an Assistant; and
in section 103(c) (50 U.S.C. 3025(c)), by striking paragraph (3).
Any reference in law to the Principal Deputy Director of National Intelligence shall be treated as a reference to the Deputy Director of National Intelligence.
Section 103A of such Act (50 U.S.C. 3026) is further amended, in the section heading, by striking Deputy Directors of National Intelligence and inserting Deputy Director of National Intelligence and Assistant Directors of National Intelligence.
The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 103A and inserting the following:
Subsection (c)(1) of section 103B of the National Security Act of 1947 (50 U.S.C. 3027) is amended—
in subparagraph (A), by adding or coordinate the production of after produce; and
in subparagraph (B), by striking and the requirements and resources of such collection and production.
Subsection (f) of such section is amended by striking The and inserting Subject to section 103(d)(1), the.
In this subsection, the term appropriate committees of Congress means—
the congressional intelligence committees;
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.
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall jointly submit to the appropriate committees of Congress a plan to achieve the transfer of—
the National Counterintelligence and Security Center to the Counterintelligence Division of the Federal Bureau of Investigation; and
the duties of the Director of the National Counterintelligence and Security Center to the Assistant Director of the Federal Bureau of Investigation for Counterintelligence.
On a date that is at least 180 days after the date on which the plan required by subsection (a) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer of the National Counterintelligence and Security Center to the Counterintelligence Division of the Federal Bureau of Investigation, including such staff and resources of the Center as the Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, determines appropriate and as is consistent with the provisions of this section.
On a date that is at least 90 days after the date on which the plan required by subsection (a) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer to the Assistant Director of the Federal Bureau of Investigation for Counterintelligence of such duties of the Director of the National Counterintelligence and Security Center as the Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, determines appropriate and as is consistent with the provisions of this section.
Not later than 2 years after the date of the enactment of this Act, the Director of National Intelligence shall complete the transfers initiated under paragraphs (1) and (2).
Any reduction in staff of the National Counterintelligence and Security Center shall comply with the requirements of section 403(b).
Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the date specified in subsection (h), the Director of National Intelligence and the Director of the Federal Bureau of Investigation shall jointly submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report on the status of the implementation of this section, including—
the missions and functions of the National Counterintelligence and Security Center that have been transferred to the Federal Bureau of Investigation;
the missions and functions of such Center that have been retained at the Office of the Director of National Intelligence;
the missions and functions of such Center that have been transferred to another department or agency; and
the missions and functions of such Center that have been terminated.
Section 103F of the National Security Act of 1947 (50 U.S.C. 3031) is repealed.
The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 103F.
Section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382) is amended—
in the section heading, by striking Director and inserting Head;
by striking subsection (a) and inserting the following:
The head of the National Counterintelligence and Security Center shall be the Assistant Director of the Federal Bureau of Investigation for Counterintelligence or the Assistant Director's designee.
in subsection (b), by striking the Director and inserting the individual serving as the head of the National Counterintelligence and Security Center; and
in subsection (c)—
in the matter preceding paragraph (1), by striking Subject to the direction and control of the Director of National Intelligence, the duties of the Director and inserting The duties of the head of the National Counterintelligence and Security Center; and
in paragraph (4), by striking Director of National Intelligence and inserting Director of the Federal Bureau of Investigation.
Section 904 of such Act (50 U.S.C. 3383) is amended—
in subsection (a), by inserting in the Counterintelligence Division of the Federal Bureau of Investigation before the period at the end;
in subsection (b), by striking Director of the National Counterintelligence and Security Center and inserting Assistant Director of the Federal Bureau of Investigation for Counterintelligence or the Assistant Director's designee;
in subsection (c), by striking Office of the Director of National Intelligence and inserting Counterintelligence Division of the Federal Bureau of Investigation;
in subsection (e)—
in the matter preceding paragraph (1), by striking Director of and inserting head of; and
in paragraphs (2)(B), (4), and (5), by striking Director of National Intelligence each place it appears and inserting Director of the Federal Bureau of Investigation;
in subsection (f)(3), by striking Director and inserting head;
in subsection (g)(2), by striking Director and inserting head; and
in subsection (i), by striking Office of the Director of National Intelligence and inserting Counterintelligence Division of the Federal Bureau of Investigation.
Section 5315 of title 5, United States Code, is amended by striking the item relating to the Director of the National Counterintelligence and Security Center.
The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
in section 103(c) (50 U.S.C. 3025(c)), by striking paragraph (9);
in section 1107 (50 U.S.C. 3237)—
in subsection (a), by striking the Director and inserting the head; and
in subsection (c), by striking the Director shall and inserting the head of the National Counterintelligence and Security Center shall; and
in section 1108 (50 U.S.C. 3238)—
in subsection (a), by striking the Director and inserting the head; and
in subsection (c), by striking the Director shall and inserting the head of the National Counterintelligence and Security Center shall.
The Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116–92) is amended—
in section 6306(c)(6) (50 U.S.C. 3370(c)(6)), by striking the Director and inserting the head; and
in section 6508 (50 U.S.C. 3371d), by striking Director of National Intelligence both places it appears and inserting Director of the Federal Bureau of Investigation.
Section 811 of the Intelligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 3381) is amended—
by striking Director of the National Counterintelligence and Security Center each place it appears and inserting head of the National Counterintelligence and Security Center; and
in subsection (b), by striking appointed.
Section 7318 of the Intelligence Authorization Act for Fiscal Year 2024 (50 U.S.C. 3384) is amended—
in subsection (c)—
in paragraph (1), by striking , acting through the Director of the National Counterintelligence and Security Center,; and
in paragraph (3), by striking Director of the National Counterintelligence and Security Center and inserting Director of National Intelligence, as the Security Executive Agent,; and
in subsection (d)—
in paragraph (1)—
in subparagraph (A)(i), by striking Director of the National Counterintelligence and Security Center and inserting Director of National Intelligence; and
in subparagraph (B), by striking National Counterintelligence and Security Center both places it appears and inserting Federal Bureau of Investigation; and
in paragraph (2)(A), by striking Director of the National Counterintelligence and Security Center and inserting Director of National Intelligence.
Section 7334(c)(2) of the Intelligence Authorization Act for Fiscal Year 2024 (50 U.S.C. 3385(c)(2)) is amended by striking Director of the National Counterintelligence and Security Center and inserting head of the National Counterintelligence and Security Center.
The amendments made by this section shall take effect on the date that is 2 years after the date of the enactment of this Act.
On and after the date that is 2 years after the date of the enactment of this Act, any reference to the Director of the National Counterintelligence and Security Center in law shall be treated as a reference to the Assistant Director of the Federal Bureau of Investigation for Counterintelligence or the Assistant Director’s designee acting on behalf of the Assistant Director as the head of the National Counterintelligence and Security Center.
Nothing in this section shall preclude the Director of National Intelligence from determining that—
certain coordinating functions of the National Counterintelligence and Security Center shall be retained at the Office of the Director of National Intelligence consistent with the authorities of the Director under section 102A of the National Security Act of 1947 (50 U.S.C. 3024), transferred to another department or agency, or terminated; or
certain missions or functions of the National Counterintelligence and Security Center shall be transferred to another department or agency, or terminated.
Subsection (e) of section 119 of the National Security Act of 1947 (50 U.S.C. 3056) is amended to read as follows:
The Center may, consistent with applicable law, the direction of the President, and the guidelines referred to in section 102A(b), receive and retain intelligence pertaining to domestic terrorism (as defined in section 2331 of title 18, United States Code) to enable the Center to collect, retain, and disseminate intelligence pertaining only to international terrorism (as defined in section 2331 of title 18, United States Code).
Such section is further amended—
in the section heading, by striking National Counterterrorism Center and inserting National Counterterrorism and Counternarcotics Center;
in subsection (b), in the subsection heading, by striking National Counterterrorism Center and inserting National Counterterrorism and Counternarcotics Center; and
by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center.
The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 119 and inserting the following:
Section 102A(g)(3) of the National Security Act of 1947 (50 U.S.C. 3024(g)(3)) is amended by striking National Counterterrorism Center and inserting National Counterterrorism and Counternarcotics Center.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—
in section 201(d)(1) (6 U.S.C. 121(d)(1)), by striking National Counterterrorism Center and inserting National Counterterrorism and Counternarcotics Center; and
in section 210D (6 U.S.C. 124k)—
in subsections (b), (c), (d), (f)(1), (f)(2)(A), and (f)(2)(C), by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center; and
in subsection (f)(2)—
in the matter preceding subparagraph (A), by striking Pursuant to section 119(f)(E) of the National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the Director of the National Counterterrorism Center and inserting The Director of the National Counterterrorism and Counternarcotics Center; and
in subparagraph (B), by striking 119(f)(E) and inserting 119(f).
The Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) is amended by striking National Counterterrorism Center each place it appears and inserting National Counterterrorism and Counternarcotics Center.
Section 1299F of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (22 U.S.C. 2656j) is amended by striking Director of the National Counterterrorism Center each place it appears and inserting Director of the National Counterterrorism and Counternarcotics Center.
Section 1079 of the National Defense Authorization Act for Fiscal Year 2008 (50 U.S.C. 3307) is amended by striking Director of the National Counterterrorism Center both places it appears and inserting Director of the National Counterterrorism and Counternarcotics Center.
The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act.
On and after the date that is 30 days after the date of the enactment of this Act, any reference to the National Counterterrorism Center in law shall be treated as a reference to the National Counterterrorism and Counternarcotics Center, as redesignated by subsection (c).
On and after the date that is 30 days after the date of the enactment of this Act, any reference to the Director of the National Counterterrorism Center in law shall be treated as a reference to the Director of the National Counterterrorism and Counternarcotics Center.
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Central Intelligence Agency shall jointly submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan to achieve the transfer of—
the National Counterproliferation and Biosecurity Center to the Central Intelligence Agency; and
the duties and responsibilities of the Director of the National Counterproliferation and Biosecurity Center to the Director of the Central Intelligence Agency.
On a date that is at least 90 days after the date on which the plan required by subsection (a) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer of the National Counterproliferation and Biosecurity Center to the Central Intelligence Agency, including such missions, objectives, staff, and resources of the Center as the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, determines appropriate and as is consistent with the provisions of this section.
On a date that is at least 90 days after the date on which the plan required by subsection (a) is submitted, or 1 year after the date of the enactment of this Act, whichever is later, the Director of National Intelligence shall initiate the transfer to the Director of the Central Intelligence Agency of such duties and responsibilities of the Director of the National Counterproliferation and Biosecurity Center as the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency, determines appropriate and as is consistent with the provisions of this section.
Not later than 455 days after the date of the enactment of this Act, the Director of National Intelligence shall complete the transfers initiated under paragraphs (1) and (2).
Any reduction in staff of the National Counterproliferation and Biosecurity Center shall comply with the requirements of section 403(b).
Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the date specified in subsection (i), the Director of National Intelligence and the Director of the Central Intelligence Agency shall jointly 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 status of the implementation of this section, including—
the missions and functions of the National Counterproliferation and Biosecurity Center that have been transferred to the Central Intelligence Agency;
the missions and functions of such Center that have been retained at the Office of the Director of National Intelligence;
the missions and functions of such Center that have been transferred to another department or agency; and
the missions and functions of such Center that have been terminated.
The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
in section 103(c) (50 U.S.C. 3025(c)), by striking paragraph (13); and
in subsection (a) of section 119A (50 U.S.C. 3057)—
in paragraph (2), by striking the Director of the National Counterproliferation and Biosecurity Center, who shall be appointed by the Director of National Intelligence and inserting the Director of the Central Intelligence Agency or the Director's designee;
in paragraph (3), by striking Office of the Director of National Intelligence and inserting Central Intelligence Agency; and
by striking paragraph (4).
Such section is further amended by striking subsection (c).
Such section is further amended by striking subsection (d).
Such section is further amended by striking subsection (e).
The amendments made by this section shall take effect 455 days after the date of the enactment of this Act.
On and after the date that is 455 days after the date of the enactment of this Act, any reference to the Director of the National Counterproliferation and Biosecurity Center in law shall be treated as a reference to the Director of the Central Intelligence Agency acting as the head of the National Counterproliferation Center or the Director's designee pursuant to section 119A(a)(2) of the National Security Act of 1947 (50 U.S.C. 3057(a)(2)), as amended by subsection (e)(2).
Nothing in this section shall preclude the Director of National Intelligence from determining that—
certain coordinating functions of the National Counterproliferation and Biosecurity Center shall be retained at the Office of the Director of National Intelligence consistent with the authorities of the Director under section 102A of the National Security Act of 1947 (50 U.S.C. 3024), transferred to another department or agency, or terminated; or
certain missions or functions of the National Counterproliferation and Biosecurity Center shall be transferred to another department or agency, or terminated.
Section 119B of the National Security Act of 1947 (50 U.S.C. 3058) is amended to read as follows:
The Director of National Intelligence may convene 1 or more national intelligence task forces, as the Director considers necessary, to address intelligence priorities.
Pursuant to the direction of the Director of National Intelligence, a national intelligence task force convened under subsection (a) may—
be comprised of select employees of elements of the intelligence community, other than the Office of the Director of National Intelligence, as determined by the Director of National Intelligence to be necessary and appropriate for the task force;
convene at the Office of the Director of National Intelligence for a limited time in support of a specific intelligence matter recognized by the Director; and
be dissolved by the Director of National Intelligence not later than 540 days after the conclusion of support to a specific intelligence matter.
If the specific intelligence matter a national intelligence task force has been convened to support has not concluded within 540 days after the establishment of the task force, the Director shall transfer responsibility for supporting the intelligence matter to a specific element of the intelligence community.
Employees of elements of the intelligence community participating in a national intelligence task force pursuant to subsection (b)(1) shall continue to receive compensation from their agency of employment.
In any case in which a national intelligence task force convened under subsection (a) is in effect for a period of more than 60 days, the Director of National Intelligence shall, not later than 61 days after the date of the convening of the task force, submit to the congressional intelligence committees notice regarding the task force.
A notice regarding a national intelligence task force submitted pursuant to paragraph (1) shall include the following:
The number of personnel of the intelligence community participating in the task force.
A list of the elements of the intelligence community that are employing the personnel described in subparagraph (A).
Identification of the specific intelligence matter the task force was convened to support.
An approximate date by which the task force will be dissolved.
The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 119B and inserting the following:
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by striking section 103K (50 U.S.C. 3034b).
Section 103G of such Act (50 U.S.C. 3032) is amended by striking subsection (d).
The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 103K.
The Director of National Intelligence shall take such actions as may be necessary to terminate and wind down the operations of the Intelligence Community Innovation Unit before the date specified in paragraph (3).
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is further amended by striking section 103L (50 U.S.C. 3034c).
The table of contents for such Act, in the matter preceding section 2 of such Act, is further amended by striking the item relating to section 103L.
The amendments made by this subsection shall take effect on the date that is 90 days after the date of the enactment of this Act.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is further amended by striking section 120 (50 U.S.C. 3060).
Section 331 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 113 note) is amended by striking paragraph (2) and inserting the following:
The term climate security means the effects of climate change on the following:
The national security of the United States, including national security infrastructure.
Subnational, national, and regional political stability.
The security of allies and partners of the United States.
Ongoing or potential political violence, including unrest, rioting, guerrilla warfare, insurgency, terrorism, rebellion, revolution, civil war, and interstate war.
The table of contents for such Act, in the matter preceding section 2 of such Act, is further amended by striking the item relating to section 120.
The Director of National Intelligence shall take such actions as may be necessary to terminate and wind down the operations of the Office of Engagement before the date specified in paragraph (3).
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is further amended by striking section 122 (50 U.S.C. 3062).
The table of contents for such Act, in the matter preceding section 2 of such Act, is further amended by striking the item relating to section 122.
The amendments made by this subsection shall take effect on the date that is 90 days after the date of the enactment of this Act.
Subtitle A of title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) is amended by striking section 1002 (50 U.S.C. 3192).
The table of contents for such Act, in the matter preceding section 2 of such Act, is further amended by striking the item relating to section 1002.
The Joint Intelligence Community Council is terminated.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.) is amended by striking section 101A (50 U.S.C. 3022).
Section 102A(c)(1)(B) of the National Security Act of 1947 (50 U.S.C. 3024(c)(1)(B)) is amended by striking , as appropriate, after obtaining the advice of the Joint Intelligence Community Council,.
The table of contents for such Act, in the matter preceding section 2 of such Act, is amended by striking the item relating to section 101A.
Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall, in coordination with the Director of National Intelligence, declassify, with any redactions necessary to protect intelligence sources and methods and to comply with provisions of Federal law relating to privacy, any information relating to whether foreign government officials have assisted or facilitated any citizen or national of their country in departing the United States while the citizen or national was under investigation or awaiting trial or sentencing for a criminal offense committed in the United States.
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall establish and submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a policy for streamlining the declassification or downgrading and sharing of intelligence information relating to biotechnological developments and threats in order to counter efforts by foreign adversaries to weaponize biotechnologies and biological weapons, including threats relating to military, industrial, agricultural, and health applications of biotechnology.
The plan required by subsection (a) shall include mechanisms for sharing the information described in such subsection—
with allies and partners;
with private sector partners; and
across the Federal Government.
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 2 years, the Director shall submit to the committees specified in subsection (a) a report on progress sharing information with recipients under subsection (b).
This section may be cited as the Intelligence Authorization Act for Fiscal Year 2026.
In this section:
The term appropriate committees of Congress means—
the congressional intelligence committees;
the congressional defense committees;
the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
the Committee on the Judiciary, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
The term Director means the Director of National Intelligence.
The term foreign malign influence has the meaning given such term in section 119B(f) of the National Security Act of 1947 (50 U.S.C. 3059(f)).
The term malign actor means any individual, group, or organization that is engaged in foreign malign influence, illicit drug trafficking, or other forms of transnational organized crime.
The term transnational organized crime has the meaning given such term in section 284(i) of title 10, United States Code.
The term Under Secretary means the Under Secretary for Intelligence and Analysis of the Department of Homeland Security.
The terms unmanned aircraft and unmanned aircraft system have the meanings given such terms in section 44801 of title 49, United States Code.
Not later than 1 year after the date of the enactment of this Act, the Director, the Under Secretary, and the heads of the other elements of the intelligence community, shall complete an assessment of the threat regarding unmanned aircraft systems at or near the international borders of the United States.
The threat assessment required under paragraph (1) shall include a description of—
the malign actors operating unmanned aircraft systems at or near the international borders of the United States, including malign actors who cross such borders;
how a threat is identified and assessed at or near the international borders of the United States, including a description of the capabilities of the United States Government to detect and identify unmanned aircraft systems operated by, or on behalf of, malign actors;
the data and information collected by operators of unmanned aircraft systems at or near the international borders of the United States, including how such data is used by malign actors;
the tactics, techniques, and procedures used at or near the international borders of the United States by malign actors with regard to unmanned aircraft systems, including how unmanned aircraft systems are acquired, modified, and utilized to conduct malicious activities, including attacks, surveillance, conveyance of contraband, and other forms of threats;
the guidance, policies, and procedures that address the privacy, civil rights, and civil liberties of persons who lawfully operate unmanned aircraft systems at or near the international borders of the United States; and
an assessment of the adequacy of current authorities of the United States Government to counter the use of unmanned aircraft systems by malign actors at or near the international borders of the United States.
Not later than 180 days after completing the threat assessment required under subsection (c), the Director and the Under Secretary shall jointly submit to the appropriate committees of Congress a report containing findings with respect to such assessment.
The report required under paragraph (1) shall include a detailed description of the threats posed to the national security of the United States by unmanned aircraft systems operated by malign actors at or near the international borders of the United States.
The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex, as appropriate.
In this section, the term appropriate committees of Congress means—
the congressional intelligence committees;
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives.
Not later than 120 days after the date of the enactment of this Act, the National Intelligence Council shall—
conduct an assessment of the potential effect of expanding partnerships among countries in the western hemisphere; and
submit to the appropriate committees of Congress a report on the findings of the National Intelligence Council regarding the assessment conducted pursuant to paragraph (1).
The assessment required by subsection (b) shall include an assessment of the potential effect of expanding such partnerships on—
the illicit drug trade, human smuggling networks, and corruption in Latin America; and
the efforts of China to control global manufacturing.
The report submitted pursuant to subsection (b)(2) shall be submitted in unclassified form and made available to the public, but may include a classified annex.
Not later than 120 days after the date of the enactment of this Act, the President, acting through the National Security Council, shall develop an interagency strategy to counter the efforts of the Chinese Communist Party to expand its economic, military, and ideological influence in Europe.
The strategy required by subsection (a) shall include the following:
An assessment of the current efforts by the intelligence community to brief members of the North Atlantic Treaty Organization on intelligence and influence activities by the Chinese Communist Party in Europe, including the following:
Any support by the Chinese Communist Party to the economy and defense industrial base of the Russian Federation.
Any provision of lethal assistance to the Russian army by the Chinese Communist Party.
Any cyber operations by the Chinese Communist Party to gain the ability to remotely shut down critical infrastructure in Europe.
Any influence operations by the Chinese Communist Party to sway European public opinion.
Any use by the Chinese Communist Party of economic coercion and weaponization of economic ties to members of the North Atlantic Treaty Organization for political gain.
A strategic plan to counter the influence of the Chinese Communist Party in Europe that includes proposals for actions by the United States, including the following:
Robust intelligence sharing with European allies in the areas described in paragraph (1), and an identification of additional capabilities and resources needed for such intelligence sharing.
Engagement with European allies regarding coordinated sanctions and export control actions, including compliance with existing and future sanctions and export controls, designed to deter and undermine the ongoing support of the People’s Republic of China for the defense industrial base of the Russian Federation.
Actions required by the United States Government to support United States and allied country businesses to provide competitive alternatives to Chinese bids in the following European sectors:
Energy
Telecommunications.
Defense
Finance.
Ports and other critical infrastructure.
Assistance to European governments in passing legislation or enforcing regulations that protect European academic institutions, think tanks, research entities, and nongovernmental organizations from efforts by the United Front Work Department of the Chinese Communist Party to normalize talking points and propaganda of the Chinese Communist Party.
Any other action the President determines is necessary to counter the Chinese Communist Party in Europe.
Not later than 30 days after the date on which the President completes development of the strategy required by subsection (a), the President shall submit the strategy to the appropriate committees of Congress.
In this subsection, the term appropriate committees of Congress means—
the congressional intelligence committees;
the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Finance, the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and
the Committee on Homeland Security, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Armed Services, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.
In this section:
The term 1260H list means the list of Chinese military companies operating in the United States most recently submitted under section 1260H(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116–283).
The term affiliate means an entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
The term biotechnology means the use of biological processes, organisms, or systems for manufacturing, research, or medical purposes, including genetic engineering, synthetic biology, and bioinformatics.
Subject to subsections (d) and (e), a head of an element of the intelligence community may not enter into, renew, or extend any contract for a good or service with—
any entity listed on the 1260H list that is engaged in biotechnology research, development, manufacturing, or related activities;
any entity that is an affiliate, subsidiary, or parent company of a biotechnology company included on the 1260H list;
any entity that has a known joint venture, partnership, or contractual relationship with a biotechnology company included on the 1260H list, where such relationship presents a risk to national security as determined by the Director of National Intelligence; or
any entity that is engaged in biotechnology research, development, manufacturing, or related activities and deemed to be a threat to national security as determined by the Director.
The Director of National Intelligence shall—
establish guidelines for determining affiliation and contractual relationships under this section;
maintain a publicly available list of biotechnology companies and affiliates with whom contracting is prohibited under subsection (b);
require that each head of an element of the intelligence community ensure that the contractors and subcontractors engaged by the element certify that they are not engaged in a contract for a good or service with an entity included on the 1260H list that is engaged in biotechnology research, development, manufacturing, or a related activity; and
conduct regular audits to ensure compliance with subsection (b).
The Director of National Intelligence may waive the prohibition under subsection (b) for a procurement on a case-by-case basis if the Director determines, in writing, that—
the procurement is essential for national security and no reasonable alternative source exists; and
appropriate measures are in place to mitigate risks associated with the procurement.
For each waiver for a procurement issued under subsection (b), the Director shall, not later than 30 days after issuing the waiver, submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notice of the waiver, which shall include a justification for the waiver and a description of the risk mitigation measures implemented for the procurement.
The prohibitions under subsection (b) shall not apply to—
the acquisition or provision of health care services overseas for—
employees of the United States, including members of the uniformed services (as defined in section 101(a) of title 10, United States Code), whose official duty stations are located overseas or who are on permissive temporary duty travel overseas; or
employees of contractors or subcontractors of the United States—
who are performing under a contract that directly supports the missions or activities of individuals described in subparagraph (A); and
whose primary duty stations are located overseas or who are on permissive temporary duty travel overseas; or
the acquisition, use, or distribution of human multiomic data, lawfully compiled, that is commercially or publicly available.
This section shall take effect on the date that is 60 days after the date of the enactment of this Act.
The provisions of this section shall terminate on the date that is 10 years after the date of the enactment of this Act.
Not later than 180 days after the date of the enactment of this Act, and not later than 180 days following the appointment of a new Central Committee within the Chinese Communist Party, the Director of National Intelligence, in consultation with the Secretary of State and the Secretary of Defense, shall post on a publicly available website of the Office of the Director of National Intelligence and submit to the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives a report on the wealth of the leadership of the Chinese Communist Party.
The report required under subsection (a) shall include the following elements:
A detailed assessment of the personal wealth, financial holdings, and business interests of the following foreign persons, including the immediate family members of such persons:
The General Secretary of the Chinese Communist Party.
Members of the Politburo Standing Committee.
Members of the full Politburo.
Evidence of physical and financial assets owned or controlled directly or indirectly by such officials and their immediate family members, including, at a minimum—
real estate holdings inside and outside the People’s Republic of China, including the Special Administrative Regions of Hong Kong and Macau;
any high-value personal assets; and
business holdings, investments, and financial accounts held in foreign jurisdictions.
Identification of financial proxies, business associates, or other entities used to obscure the ownership of such wealth and assets, including as a baseline those referenced in the March 2025 report issued by the Office of the Director of National Intelligence entitled, Wealth and Corrupt Activities of the Leadership of the Chinese Communist Party.
Nonpublic information related to the wealth of the leadership of the Chinese Communist Party, to the extent possible consistent with the protection of intelligence sources and methods.
The report posted and submitted under subsection (a) shall be in unclassified form, but the version submitted to the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives may include a classified annex as necessary.
This section shall have no force or effect 5 years after the date of the enactment of this Act.
In this section:
The term immediate family member, with respect to a foreign person, means—
the spouse of the person;
the natural or adoptive parent, child, or sibling of the person;
the stepparent, stepchild, stepbrother, or stepsister of the person;
the father-, mother-, daughter-, son-, brother-, or sister-in-law of the person;
the grandparent or grandchild of the person; and
the spouse of a grandparent or grandchild of the person.
the term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
In this section:
The term agriculture sector means any physical infrastructure, energy production, land, or other inputs associated with the production of agricultural commodities (as defined in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602)).
The term appropriate committees of Congress means—
the congressional intelligence committees;
the Committee on Agriculture, Nutrition, and Forestry and the Committee on Foreign Relations of the Senate; and
the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives.
Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of State and the Secretary of Agriculture, shall assess the extent of investment by the People's Republic of China in the agriculture sector of Brazil.
The assessment shall consider the following:
The extent to which President Xi Jinping has engaged in or directed engagement with Brazilian leadership with regard to the agriculture sector of Brazil.
The extent of engagement between the Government of the People's Republic of China and the agriculture sector of Brazil.
The strategic intentions of the engagement or direction of President Xi, if any, to invest in the agriculture sector of Brazil.
The number of entities based in or owned by the People's Republic of China invested in the agriculture sector of Brazil, including joint ventures with Brazilian-owned companies.
The impacts to the supply chain, global market, and food security of investment in or control of the agriculture sector in Brazil by the People's Republic of China.
Not later than 90 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress a report detailing the assessment required by subsection (b).
The report required by paragraph (2) shall be submitted in unclassified form but may include a classified annex.
In this section, the term appropriate committees of Congress means—
the congressional intelligence committees;
the congressional defense committees;
the Committee on Foreign Relations of the Senate; and
the Committee on Foreign Affairs of the House of Representatives.
The Director of National Intelligence shall identify the businesses, academic and research institutions, and other entities in the People’s Republic of China that provide support to the People’s Liberation Army, including—
for national defense or military modernization, including the development, application, or integration of civilian capabilities for military, paramilitary, or security purposes;
for the development, production, testing, or proliferation of weapons systems, critical technologies, or dual-use items, as defined under applicable United States law (including regulations); or
academic, scientific, or technical collaboration that materially contributes to or supports any of the activities described in paragraphs (1) through (3).
Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the appropriate committees of Congress a list of each entity identified under subsection (b).
Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research and the Assistant Secretary of the Treasury for Intelligence and Analysis (referred to in this section as the Assistant Secretaries) shall establish a joint cell to be known as the China Economics and Intelligence Cell.
Not later than 180 days after the date of the enactment of this Act, the China Economics and Intelligence Cell, in coordination with other elements of the intelligence community and Federal agencies, as the Assistant Secretaries determine appropriate, shall submit to the congressional intelligence committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on economic and technological developments involving the People's Republic of China.
The report required by subsection (b) shall include the following:
An assessment of the economic goals and strategies, financial capabilities, and current and future technological developments used by the People's Republic of China to become the dominant economic, technological, and military power in the world.
An assessment of efforts by the People's Republic of China during the preceding year to acquire technology from the United States and United States allies, to increase dependence of the United States on the economy of the People's Republic of China, and to distort global markets and harm the economy of the United States through predatory, non-market practices.
An assessment of plans and efforts by the People's Republic of China to leverage and weaponize the economic power of the country, including access to markets, manufacturing capacity, and use of trade and investment ties, to coerce the United States and United States allies to make concessions on economic security and national security matters.
An appendix that lists any Chinese entity that is—
included on the Entity List maintained by the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations;
included on the Unverified List maintained by the Department of Commerce and set forth in Supplement No. 6 to part 744 of the Export Administration Regulations;
included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list);
included on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to Executive Order 13959 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance communist Chinese military companies);
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);
identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) as a Chinese military company operating directly or indirectly in the United States; or
included on a list maintained under clause (i), (ii), (iv), or (v) of section 2(d)(2)(B) of the Act entitled An Act to ensure that goods made with forced labor in the Xinjiang Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes, approved December 23, 2021 (Public Law 117–78; 22 U.S.C. 6901 note) (commonly referred to as the Uyghur Forced Labor Prevention Act).
In preparing the report required by subsection (b), the Assistant Secretaries, in coordination with the Director of National Intelligence, shall use all available source intelligence and strive to declassify information included in the report.
The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
The unclassified portion of the report required by subsection (b) shall be made available to the public.
Section 1107 of the National Security Act of 1947 (50 U.S.C. 3237) is amended—
in subsection (a)—
by striking Director of the National Counterintelligence and Security Center and inserting Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, the Director of the Central Intelligence Agency, the Director of the National Security Agency, and any other head of an element of the intelligence community the Director of National Intelligence considers relevant,; and
by inserting the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, after congressional intelligence committees;
in subsection (b)—
by redesignating paragraph (10) as paragraph (12); and
by inserting after paragraph (9) the following:
A listing of provincial, municipal, or other law enforcement institutions, including police departments, in the People’s Republic of China associated with establishing or maintaining a Chinese police presence in the United States.
A listing of colleges and universities in the People’s Republic of China that conduct military research or host dedicated military initiatives or laboratories.
by striking subsection (c); and
by redesignating subsection (d) as subsection (c).
Section 1234(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3936) is amended by adding at the end the following new paragraph:
An assessment of the efforts by Russia to undermine or destabilize the national or economic security of the United States or members of the North Atlantic Treaty Organization, including plans or attempts by Russia to conduct sabotage, including damage to infrastructure, or acts of arson or vandalism.
Not later than 60 days after the date of the enactment of this Act, the head of each element of the intelligence community shall submit to the Director of National Intelligence the following:
A description and assessment of the intelligence community element’s direct relationship, if any, with any element of the Government of Mexico, including an assessment of the counterintelligence risks of such relationship.
A strategy to enhance counternarcotics cooperation and appropriate coordination with each element of the Government of Mexico with which the intelligence community element has a direct relationship.
Recommendations and a description of the resources required to efficiently and effectively implement the strategy required by paragraph (2) in furtherance of the national interest of the United States.
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 the following:
The submissions received by the Director pursuant to subsection (a).
An action plan to enhance counternarcotics collaboration, coordination, and cooperation with the Government of Mexico, including recommendations or requests for any changes in authorities or resources in order to effectuate the plan effectively in fiscal year 2026.
The submissions required by subsection (b)(1) shall be submitted to the relevant committees in the same form in which they were submitted to the Director of National Intelligence.
The submission required by subsection (b)(2) shall be submitted in unclassified form, but may include a classified annex.
Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, develop a plan—
to share relevant intelligence, if any, relating to foreign adversary efforts to influence the conflict in Sudan, with regional allies and partners of the United States, including to downgrade or declassify such intelligence as needed; and
to counter foreign adversary efforts to influence the conflict in Sudan in order to protect national and regional security.
Section 6413(e) of the Intelligence Authorization Act of 2025 (division F of Public Law 118–159) is amended—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following new paragraph (3):
Evaluate which lessons should be shared with Taiwan to assist Taiwan’s acquisitions decisions and capability development.
Paragraph (1) of section 7413(b) of the Intelligence Authorization Act for Fiscal Year 2024 (Public Law 118–31; 22 U.S.C. 8701 note) is amended—
by redesignating paragraph (2) as paragraph (3);
in paragraph (1), by striking 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, and inserting makes a finding described in paragraph (2) pursuant to an assessment,; and
by inserting after paragraph (1) the following:
A finding described in this paragraph is a finding that the Islamic Republic of Iran has—
produced or possesses any amount of uranium-235 enriched to greater than 60 percent purity;
engaged in significant enrichment activity; or
made the decision to produce a nuclear weapon from highly enriched uranium.
In this section:
The term appropriate congressional committees means—
the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and
the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.
The term Iranian proxy means any entity receiving support from the Government of the Islamic Republic of Iran or the Iranian Revolutionary Guard Corps, including—
Hizballah;
Ansar Allah;
Hamas; and
Shia militia groups in Iraq and Syria.
The term United States person means—
a United States citizen;
a national of the United States; or
an alien lawfully admitted for permanent residence to the United States.
Upon collecting or acquiring credible and specific information indicating an impending threat of intentional killing, serious bodily injury, or kidnapping directed at a United States person by the Islamic Republic of Iran or an Iranian proxy, an element of the intelligence community must immediately notify the Director of the Federal Bureau of Investigation and, if the intended victim is under protection of a government entity, any persons responsible for protecting that individual of such information.
Not later than 48 hours after receiving a notification pursuant to subsection (b), the Director of the Federal Bureau of Investigation shall—
warn the intended victim, or any persons responsible for protecting the intended victim, of the impending threat;
inform the agencies with a protective mission of the information, consistent with the protection of sources and methods; and
provide the information received pursuant to subsection (b) to the appropriate congressional committees, consistent with the protection of sources and methods.
Nothing in this section shall be construed to limit any duty to warn already in effect, including under Intelligence Community Directive 191 (relating to duty to warn) and any policies or procedures issued in accordance with such directive.
In this section:
The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from tax under section 501(a) of such Code.
The term work program means any agreement between In-Q-Tel and a third-party company, where such third-party company furnishes or is furnishing a product or service for use by any government customer of In-Q-Tel to address the technology needs or requirements of such customer.
There is established in the Office of the Director of National Intelligence a program to be known as the Intelligence Community Technology Bridge Program (in this subsection referred to as the Program) to assist in the transitioning of products or services from the research and development phase to the prototype or production phase, subject to the extent and in such amounts as specifically provided in advance in appropriations Acts for such purposes .
Subject to paragraph (3), the Director shall, in consultation with In-Q-Tel, carry out the Program by providing assistance to a business or nonprofit organization that is transitioning a product or service to the prototype or production phase, as a means of advancing government acquisitions of the product or service.
Assistance under paragraph (1) may be provided in the form of a grant or a payment for a product or service.
Assistance may be provided under paragraph (1) to a business or nonprofit organization that is transitioning a product or service only if—
the business or nonprofit organization—
has participated or is participating in a work program; or
is engaged with an element of the intelligence community or Department of Defense for research and development; and
the Director of National Intelligence or the head of an element of the intelligence community attests that the product or service will be utilized by an element of the intelligence community for a mission need, such as because it would be valuable in addressing a needed capability, fill or complement a technology gap, or increase the supplier base or price competitiveness for the Federal Government.
In providing assistance under paragraph (1), the Director shall limit the provision of assistance to small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a))) and nontraditional defense contractors (as defined in section 3014 of title 10, United States Code).
The Program shall be administered by the Director of National Intelligence.
In administering the Program, the Director—
shall consult with the heads of the elements of the intelligence community; and
may consult with In-Q-Tel, the Defense Advanced Research Projects Agency, Intelligence Advanced Research Projects Activity, National Laboratories intelligence community laboratories, the North Atlantic Treaty Organization Investment Fund, the Defense Innovation Unit, and such other entities as the Director deems appropriate.
Not later than September 30, 2026, and not less frequently than twice each fiscal year thereafter in which amounts are available for the provision of assistance under the Program, the Director 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 Program.
Each report submitted pursuant to paragraph (1) shall include, for the period covered by the report, information about the following:
How much was expended or obligated by the Program in the provision of assistance under subsection (c).
For what the amounts were expended or obligated.
The effects of such expenditures and obligations, including a timeline for expected milestones for operational use.
A summary of annual transition activities and outcomes of such activities for the intelligence community.
A description of why products and services were chosen for transition, including a description of milestones achieved.
Each report submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
There is authorized to be appropriated to the Office of the Director of National Intelligence to carry out the Program $75,000,000 for fiscal year 2026.
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall establish a policy for how existing and future funding and resources of the intelligence community can be directed to ensure the intelligence community has sufficient cleared personnel, including private sector experts, to identify and respond to biotechnology threats.
The policy required by subsection (a) shall include the following:
The exact number of personnel dedicated to biotechnology issues apart from biological weapons, including military, industrial, agricultural, and healthcare threats, in each element of the intelligence community as of the date on which the report is submitted, including staff breakdowns by position function.
An assessment on the following:
Where additional full-time employees or detailees are appropriate.
How to increase partnerships with other government and private sector organizations, including the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), including how existing funding and resources of the intelligence community can be directed to secure such expertise, including appropriate security clearances.
How to better use special hiring authorities to accomplish the goal described in subsection (a).
How to increase recruitment and retention of biotechnology talent.
Not later than 180 days after the date of the establishment of the policy required by subsection (a), the Director of National Intelligence shall—
direct the funding and resources described in subsection (b)(2)(B) towards securing sufficient expertise to identify and respond to biotechnology threats; and
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 additional funding and resources needed to carry out subsection (b)(2).
The Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall provide support to and consult with the Federal Bureau of Investigation, the Committee on Foreign Investment in the United States, and other government agencies as appropriate when reviewing transactions relating to the acquisition of covered entities by foreign entities, including attempts by the Government of the People's Republic of China—
to leverage and acquire biological and genomic data in the United States; and
to leverage and acquire biological and genomic data outside the United States, including by providing economic support to the military, industrial, agricultural, or healthcare infrastructure of foreign countries of concern.
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall brief the appropriate congressional committees on—
a formal process for ensuring intelligence community support to Federal agencies relating to adversary acquisition of genomic data, in compliance with Executive Order 14117 (50 U.S.C. 1701 note; relating to preventing access to Americans’ bulk sensitive personal data and United States Government-related data by countries of concern), or any successor order; and
any additional resources or authorities needed to conduct subsequent intelligence assessments under such subsection.
In this section:
The term appropriate congressional committees means—
the congressional intelligence committees;
the congressional defense committees;
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives.
The term biological data means information, including associated descriptors, derived from the structure, function, or process of a biological system, that is either measured, collected, or aggregated for analysis, including information from humans, animals, plants, or microbes.
The term covered entity means a private entity involved in genomic data (including genomic data equipment, technologies, sequencing, or synthesis), including a biobank or other private entity that holds large amounts of genomic or biological data.
The term foreign entity of concern has the meaning given that term in section 10612(a) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19221(a)).
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with such other heads of elements of the intelligence community as the Director considers appropriate, shall establish a policy to ensure that elements of the intelligence community may not contract with Chinese biotechnology suppliers that are determined by the Director to pose a security threat.
The policy required by subsection (a) shall include that an element of the intelligence community may not procure or obtain any product made using synthetic DNA or RNA unless—
the final assembly or processing of the product occurs in the United States;
all significant processing of the product occurs in the United States; and
all or nearly all ingredients or components of the product are made and sourced in the United States.
The Director of National Intelligence may waive the application of the policy required by subsection (a) to allow purchases prohibited by such policy if the purpose of such a purchase fulfills a national security need.
In this section:
The term Chinese biotechnology supplier means a supplier of biotechnology that is organized under the laws of, or otherwise subject to the jurisdiction of, the People's Republic of China.
The term synthetic DNA or RNA means any nucleic acid sequence that is produced de novo through chemical or enzymatic synthesis.
In this section, the term appropriate committees of Congress means—
the congressional intelligence committees;
the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Environment and Public Works of the Senate; and
the Committee on Energy and Commerce and the Committee on Homeland Security of the House of Representatives.
Not later than 240 days after the date of the enactment of this Act, the Director of National Intelligence shall, in consultation with such heads of elements of the intelligence community as the Director considers necessary, and in coordination with efforts of the Secretary of Defense and the Secretary of Energy, submit to the appropriate committees of Congress a report identifying 1 or more sites which could benefit from secure, resilient energy through the deployment of advanced nuclear technologies, ranging from 1 to 100 megawatts, at minimum, which deployment would be to serve in whole or in part the facility, structure, infrastructure, or part thereof for which a head of an element of the intelligence community has financial or maintenance responsibility.
The report submitted pursuant to subsection (b) shall include plans to ensure—
prioritizing early site preparation and licensing activities for deployment of advanced nuclear technologies with a goal of beginning advanced nuclear technology deployment at any identified site not later than 3 years after the date of the enactment of this Act;
the ability to authorize an identified site to interconnect with the commercial electric grid, in accordance with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), if the head of the element responsible for the reactor deployment determines that such interconnection enhances national security; and
fuel for the advanced nuclear technologies operated at identified sites is not subject to obligations (as defined in section 110.2 of title 10, Code of Federal Regulations, or successor regulations).
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the officials specified in subsection (b), shall submit to the President, the congressional intelligence committees, and the congressional defense committees a strategy for addressing intelligence gaps relating to—
investment activity by the People’s Republic of China in the biotechnology sector of the United States;
acquisition of intellectual property relating to United States-origin biotechnology by entities of the People’s Republic of China; and
any authorities or resources needed to address the gaps outlined in paragraphs (1) and (2).
The officials specified in this paragraph are the following:
The Director of the Central Intelligence Agency.
The Assistant Secretary of the Treasury for Intelligence and Analysis.
The Director of the Defense Intelligence Agency.
The Director of the Office of Intelligence and Counterintelligence of the Department of Energy.
The Assistant Secretary of State for Intelligence and Research.
The heads of such other elements of the intelligence community as the Director of National Intelligence considers appropriate.
Section 6504 of the Intelligence Authorization Act for Fiscal Year 2025 (division F of Public Law 118–159) is amended—
in subsection (c)—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following new paragraph (3):
Making available a research test bed to private sector and academic researchers, on a subsidized basis, to engage in artificial intelligence security research, including through the secure provision of access in a secure environment to proprietary third-party models with the consent of the vendors of the models.
by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
The Director shall establish terms of usage governing researcher access to the test bed made available under subsection (c)(3), with limitations on researcher publication only to the extent necessary to protect classified information or proprietary information concerning third-party models provided through the consent of model vendors.
The Director shall ensure that the test bed made available under subsection (c)(3) is also made available to other Federal agencies on a cost-recovery basis.
In carrying out subsection (c)(3), the Director shall coordinate with the Secretary of Energy to leverage existing infrastructure and other resources associated with the National Artificial Intelligence Research Resource.
In carrying out this section, the Director shall establish such mechanisms as the Director considers appropriate, including potential contractual incentives, to ensure the provision of access to proprietary models by qualified independent third-party researchers if commercial model vendors have voluntarily provided models and associated resources for such testing.
Not later than 1 year after the date of the enactment of this Act, the Chief Information Officer of the Intelligence Community shall, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, identify commonly used artificial intelligence systems or functions that have the greatest potential for re-use by intelligence community elements.
Except as explicitly prohibited by a contractual obligation, and to the extent consistent with the protection of intelligence sources and methods, for any artificial intelligence system or function identified pursuant to subsection (a), each Chief Artificial Intelligence Officer of an element of the intelligence community shall adopt a policy to promote the sharing of any custom-developed code, including models and model weights, whether agency-developed or procured, with other elements of the intelligence community that rely on common artificial intelligence systems or functions.
Each head of an element of the intelligence community shall take such steps as the Chief Information Officer of the element determines appropriate, to ensure that contracts to which the element is a party provide for the retention of sufficient rights to all Federal data and the retention of the rights to any improvement to that data, including the continued design, development, testing, and operation of an artificial intelligence system.
Each head of an element of the intelligence community shall consider contractual terms that protect Federal information used by vendors in the development and operation of artificial intelligence products and services procured by the element, including limitations on the re-use of derived information for products or services sold to foreign governments by such vendors.
Each head of an element of the intelligence community shall include terms in the contracts in which the elements are parties to protect intelligence community data from being used to train or improve the functionality of a vendor’s commercial offerings without express permission from the head.
The Chief Information Officer of the Intelligence Community shall provide the elements of the intelligence community with model contractual terms for consideration by the heads of those elements to prevent vendor lock-in, as well as the adoption of procurement practices that encourage competition to sustain a robust marketplace for artificial intelligence products and services, including through contractual preferences for interoperable artificial intelligence products and services.
Each head of an element of the intelligence community shall track and evaluate performance of procured and element-developed artificial intelligence by—
documenting known capabilities and limitations of the artificial intelligence system and any guidelines on how the artificial intelligence is intended to be used;
documenting provenance of the data used to train, fine-tune, or operate the artificial intelligence system;
conducting ongoing testing and validation on artificial intelligence system performance, the effectiveness of vendor artificial intelligence offerings, and associated risk management measures, including by testing in real-world conditions;
assessing for overfitting to known test data, ensuring that artificial intelligence developers or vendors are not directly relying on the test data to train their artificial intelligence systems;
considering contractual terms that prioritize the continuous improvement, performance monitoring, and evaluation of effectiveness of procured artificial intelligence;
stipulating conditions for retraining or decommissioning artificial intelligence models; and
requiring sufficient post-award monitoring and evaluation of effectiveness of the artificial intelligence system, where appropriate in the context of the product or service acquired.
In this section, the term use case, with respect to an artificial intelligence system, means the specific mission being performed through the use of an artificial intelligence system.
Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall issue guidance to the heads of elements of the intelligence community to ensure consistency and accuracy in each element’s interpretation of the definition of high-impact artificial intelligence systems and high-impact artificial intelligence use cases to apply to each element’s respective missions.
Each head of an element of the intelligence community shall maintain an annual inventory of high-impact artificial intelligence use cases, including detailed information on the specific artificial intelligence systems associated with such uses.
Not less frequently than once each year, each head of an element of the intelligence community shall submit to the congressional intelligence committees the inventory maintained by the head pursuant to paragraph (1).
The Director of National Intelligence shall, in coordination with the heads of the elements of the intelligence community, issue guidance to ensure elements of the intelligence community utilizing high-impact artificial intelligence systems or executing high-impact artificial intelligence use cases maintain minimum standards for the following:
Whistleblower protections.
Risk management practices and policies.
Performance expectations to ensure high-impact artificial intelligence systems or high-impact artificial intelligence use cases are subject to policies that ensure they continue to perform as expected over time or be discontinued, including—
continuous monitoring;
independent testing by a reviewer or team of reviewers within the element that have not been involved in the development or procurement of such artificial intelligence system; and
cost analyses, supported by a summary of direct costs associated and expected savings, if applicable, relative to existing or feasible human-led alternatives.
Pre-deployment requirements to ensure high-impact artificial intelligence systems or high-impact artificial intelligence use cases document—
the advantages and risks of using such capability, to include appropriate legal and policy safeguards;
the cost of operating such a capability;
a schedule to ensure such capability is periodically reevaluated for efficacy and performance; and
the oversight and compliance mechanisms in place for reviewing the use and output of such capability.
Policies to ensure appropriate human oversight and training.
Section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is amended—
by redesignating subsection (c) as subsection (e);
by inserting after subsection (b) the following:
In carrying out subsections (a) and (b), the Director shall ensure that the policies established under such subsections apply to the greatest extent possible to artificial intelligence models generally available to the public in any context in which they are used for an intelligence purpose and hosted in classified environments.
The Chief Artificial Intelligence Officer of the Intelligence Community, or any provider of common concern designated by the Director of National Intelligence, shall establish standards for testing of artificial intelligence models, including common benchmarks and methodologies for the performance of artificial intelligence models across common use cases, including targeting, machine translation, object detection, and object recognition. Benchmarks and methodologies shall establish higher performance standards for any high-impact artificial intelligence use case, including any artificial intelligence system task whose output (directly or indirectly) could serve as an input for a lethal application.
The Chief Artificial Intelligence Officer of the Intelligence Community shall convene the Intelligence Community Chief Artificial Intelligence Officer Council to identify an appropriate computing environment, at a level (or multiple levels) of classification deemed appropriate, for elements of the intelligence community to engage in testing and evaluation of models prior to acquisition.
by adding at the end the following:
Under the policies established pursuant to subsection (a)(1), no office or employee of the intelligence community may direct or pressure a vendor or prospective vendor to alter a model to favor a particular viewpoint in a manner that would limit its ability to serve as a neutral, nonpartisan tool that prioritizes accuracy.
In this section, the term intelligence purpose means the collection, analysis, or other mission-related intelligence activity.
Not later than 30 days after the date of the enactment of this subsection, the Director of National Intelligence shall issue guidance to the heads of elements of the intelligence community to ensure consistency and accuracy in each element’s interpretation of the definition of high-impact artificial intelligence systems and high-impact artificial intelligence use cases to apply to each element’s respective missions.
The Director shall make such revisions to Intelligence Community Directive 505 (relating to Artificial Intelligence) and other relevant documents as the Director considers necessary to ensure compliance with subsection (c) of section 6702 of such Act, as added by subsection (a).
It is the sense of Congress that the evaluation of training data, methods of labeling data, and model weights pertaining to artificial intelligence systems being considered for use by an element of the intelligence community does not constitute collection by such element of the intelligence community.
The Director of National Intelligence, in coordination with the Attorney General, shall revise the interim guidance of the intelligence community entitled Regarding the Acquisition and Use of Foundation Models to include the following:
Guidance stipulating that the consideration by an element of the intelligence community of acquisition of a foundation model should involve consideration of the data upon which the model was trained on. Any element of the intelligence community evaluating whether to acquire a foundation model for a potential intelligence use shall request or otherwise lawfully gather pertinent information on sources of training data and methods of data labeling, including any functions carried out by third party vendors, in order to make informed decisions on what mitigation practices or other relevant dissemination, usage, or retention measures may be applicable to that element’s future adoption of the foundation model under consideration.
Guidance stipulating that each element of the intelligence community shall to the greatest extent practicable avoid use of publicly available models found to contain information obtained unlawfully by a model vendor.
In this section, the term appropriate committees of Congress means—
the congressional intelligence committees;
the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and
the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives.
Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall develop a strategy for—
coordinating the collection, processing, analysis, and dissemination of intelligence relating to critical and emerging technologies across the intelligence community; and
the appropriate sharing of such intelligence with other Federal departments and agencies with responsibilities for regulation, innovation and research, science, public health, export control and screenings, and Federal financial tools.
Not later than 30 days after the development of the strategy required by subsection (b), the Director shall submit to the appropriate committees of Congress a copy of the strategy.
Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et seq.) is amended by adding at the end the following:
Immediately upon declassifying, downgrading, or directing the declassification or downgrading of information or intelligence relating to intelligence sources, methods, or activities pursuant to section 3.1(c) of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or any successor order, the Director of National Intelligence, or the Principal Deputy Director of National Intelligence, as delegated by the Director of National Intelligence, shall notify the congressional intelligence committees and the Archivist of the United States in writing of such declassification, downgrading, or direction.
Each notification required by paragraph (1) shall include a copy of the information that has been, or has been directed to be, declassified or downgraded.
Immediately upon the declassification of information pursuant to section 3.1(d) of Executive Order 13526, or any successor order, the head, or senior official, of a relevant element of the intelligence community, shall notify the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Archivist of the United States in writing of such declassification.
Each notification required by paragraph (1) shall include a copy of the information that has been declassified.
The table of contents of the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by inserting after the item relating to section 805 the following:
Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is amended, in the second sentence, by striking not to exceed $300,000.
The Director of National Intelligence shall review and evaluate the feasibility of updating personnel security standards and procedures governing eligibility for access to sensitive compartmented information and other controlled access program information and security adjudicative guidelines for determining eligibility for access to sensitive compartmented information and other controlled access program information to determine whether individuals who have been retired or otherwise separated from employment with the intelligence community for a period of not more than 5 years and who was eligible to access classified information on the day before the individual retired or otherwise separated, could, as a matter of policy, be granted eligibility by the Director to access classified information as long as—
there is no indication the individual no longer satisfies the standards established for access to classified information;
the individual certifies in writing to an appropriate security professional that there has been no change in the relevant information provided for the last background investigation of the individual; and
an appropriate record check reveals no unfavorable information.
The Director shall conduct an assessment of the feasibility and advisability of subjecting inactive security clearances to continuous vetting and due diligence.
Not later than 120 days after the date of the enactment of this Act, the Director shall provide to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives the findings from the assessment conducted pursuant to paragraph (1).
In this section:
The term appropriate congressional committees means—
the congressional intelligence committees;
the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and
the Committee on Oversight and Government Reform, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.
The term covered official means the following:
The Secretary of the Treasury.
The Director of the Office of Management and Budget.
Each head of an element of the intelligence community.
Any other head of a department or agency of the Federal Government carrying out a function specified in paragraph (1), (2), or (3) of subsection (a).
The term Federal financial management service functions means standard functions, as determined by the Secretary of the Treasury, that departments and agencies of the Federal Government perform relating to Federal financial management, including budget execution, financial asset information management, payable management, revenue management, reimbursable management, receivable management, delinquent debt management, cost management, general ledger management, financial reconciliation, and financial and performance reporting.
The term National Intelligence Program has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of Defense, the Secretary of the Treasury, and the Director of the Office of Management and Budget, shall submit to the appropriate congressional committees a study outlining the feasibility of and cost associated with the department or agency of a covered official using secure systems that meet the requirements to protect classified information, including with respect to the location at which the system is located or accessed, to carry out any of the following activities of the department or agency:
Formulating, developing, and submitting the budget of the department or agency (including the budget justification materials submitted to Congress) under the National Intelligence Program.
Apportioning, allotting, issuing warrants for the disbursement of, and obligating and expending funds under the National Intelligence Program.
Carrying out Federal financial management service functions or related activities of the intelligence community.
The study required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a report on approvals of interim security clearances or other access to classified intelligence information that does not satisfy the investigative and adjudicative standards established under Executive Order 12968 (50 U.S.C. 3161 note; relating to access to classified information) for covered individuals issued during the preceding calendar year. The first report under this paragraph shall include information for each of the calendar years 2017 through the calendar year in which this Act is enacted.
Each report required by paragraph (1) shall include—
the number of such approvals, disaggregated by sponsoring agency, duration of access, and level of security clearance or access;
the investigative and adjudicative process conducted, if any, for each such level of security clearance or access;
a categorization of the justifications supporting such approvals, and the number of approvals in each category; and
the disposition of such approvals, disaggregated by the number of instances in which access was terminated, continued, or resulted in completion of a process satisfying investigative and adjudicative standards required by Executive Order 12986.
In this section, the term covered individual means an individual who—
is an employee or contractor of the intelligence community; or
has been granted access to the facilities or information of the intelligence community.
Section 1104(a)(3) of the National Security Act of 1947 (50 U.S.C. 3234(a)(3)), as amended by section 803(a)(1), is further amended—
in subparagraph (J), by striking ; or and inserting a semicolon;
by redesignating subparagraph (K) as subparagraph (L); and
by inserting after subparagraph (J) the following:
a decision to order psychiatric testing or examination; or
The amendments made by this section shall apply with respect to matters arising under section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) on or after the date of the enactment of this Act.
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, develop and issue standard guidelines for personnel of the intelligence community to report and properly document anomalous health incidents.
In developing the standard guidelines required by subsection (a), the Director shall ensure that such standard guidelines are as similar as practicable to guidelines issued by the Secretary of Defense for personnel of the Department of Defense to report and properly document anomalous health incidents.
Not later than 10 days after the date on which the Director issues the standard guidelines required by subsection (a), the Director shall provide the congressional intelligence committees with the standard guidelines, including a statement describing the implementation of such standard guidelines, how the standard guidelines differ from those issued by the Secretary, and the justifications for such differences.
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, shall initiate a review of holdings of the intelligence community regarding anomalous health incidents.
The review initiated pursuant to paragraph (1) shall cover the following:
Reports of anomalous health incidents affecting personnel of the United States Government and dependents of such personnel.
Reports of other incidents affecting personnel of the United States Government that have known causes that result in symptoms similar to those observed in anomalous health incidents.
Information regarding efforts by foreign governments to covertly develop or deploy weapons and technology that could cause any or all symptoms observed in reported anomalous health incidents.
Assessment of the success of the intelligence community in detecting clandestine weapons programs of foreign governments.
Not later than 180 days after the date of the enactment of this Act, the Director shall perform a declassification review of all intelligence relating to anomalous health incidents reviewed pursuant to subsection (a).
The Director shall provide for public release of a declassified report that contains all information declassified pursuant to the declassification review required by subsection (b) on the website of the Office of the Director of National Intelligence.
The report required by paragraph (1) may include only such redactions as the Director determines necessary to protect sources and methods and information of United States persons.
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the heads of such Federal agencies as the Director considers appropriate—
perform a declassification review of intelligence relating to research conducted at the Wuhan Institute of Virology or any other medical or scientific research center within the People’s Republic of China, on coronaviruses, including—
information relating to Gain of Function research and the intention of this research;
information relating to sources of funding or direction for research on coronaviruses, including both sources within the People’s Republic of China and foreign sources; and
the names of researchers who conducted research into coronaviruses, as well as their current locations of employment;
perform a declassification review of intelligence relating to efforts by government officials of entities of the People’s Republic of China—
to disrupt or obstruct information sharing or investigations into the origins of the coronavirus disease 2019 (COVID–19) pandemic;
to disrupt the sharing of medically significant information relating to the transmissibility and potential harm of SARS–CoV–2 to humans, including—
efforts to limit the sharing of information with the United States Government;
efforts to limit the sharing of information with the governments of allies and partners of the United States; and
efforts to limit the sharing of information with the United Nations and World Health Organization;
to obstruct or otherwise limit the sharing of information between national, provincial, and city governments within the People’s Republic of China and between subnational entities within the People's Republic of China and external researchers;
to deny the sharing of information with the United States, allies and partners of the United States, or multilateral organizations, including the United Nations and the World Health Organization;
to pressure or lobby foreign governments, journalists, medical researchers, officials of the United States Government, or officials of multilateral organizations (including the United Nations and the World Health Organization) with respect to the source, scientific origins, transmissibility, or other attributes of the SARS–CoV–2 virus or the COVID–19 pandemic;
to disrupt government or private-sector efforts to conduct research and development of medical interventions or countermeasures for the COVID–19 pandemic, including vaccines; and
to promote alternative narratives regarding the origins of COVID–19 as well as the domestic Chinese and international response to the COVID–19 pandemic;
provide for public release a declassified report that contains all appropriate information described under paragraphs (1) and (2) and which includes only such redactions as the Director determines necessary to protect sources and methods and information of United States persons; and
submit to the congressional intelligence committees an unredacted version of the declassified report required under paragraph (3).
In this section:
The term covered individual has the meaning given such term in section 989(h) of title 10, United States Code.
The term governments or companies of concern means a government described in subparagraph (A) of section 989(h)(2) of title 10, United States Code, or a company, entity, or other person described in subparagraph (B) of such section.
The Under Secretary of Defense for Intelligence and Security shall issue appropriate policy to require the military departments to conduct counterintelligence briefings for members of the Armed Forces as part of the process required by section 989(c) of title 10, United States Code.
Each briefing provided under subsection (b) shall provide members of the Armed Forces—
with awareness of methods commonly used by governments and companies of concern to solicit and learn from covered individuals sensitive military techniques, tactics, and procedures of the Armed Forces;
recommended practices for covered individuals to avoid a covered activity that could subject the members to civil or criminal penalties;
the contact information for the counterintelligence authorities to whom covered individuals should report attempted recruitment or a related suspicious contact; and
an overview of the prohibition and penalties under subsections (a) and (c) of section 989 of title 10, United States Code.
The Under Secretary may mandate the briefings required by subsection (b) during the trainings required by Department of Defense Directive 5240.06 (relating to counterintelligence awareness and reporting), or successor document.
Section 601 of the Intelligence Authorization Act for Fiscal Year 1985 (Public Law 98–618; 98 Stat. 3303) is amended—
in subsection (a), by striking It is the sense of the Congress and inserting It is the policy of the United States;
by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and
by inserting after subsection (a) the following new subsections:
The Secretary of State, in negotiating agreements with foreign governments regarding reciprocal privileges and immunities of United States diplomatic personnel, shall consult with the Director of the Federal Bureau of Investigation and the Director of National Intelligence in achieving the statement of policy in subsection (a).
Not later than 90 days after the date of the enactment of this subsection, and annually thereafter for 5 years, the Secretary of State, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence shall submit to the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of the Senate and the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives a report on each foreign government that—
engages in intelligence activities within the United States harmful to the national security of the United States; and
possesses numbers, status, privileges and immunities, travel accommodations, and facilities within the United States that exceed the respective numbers, status, privileges and immunities, travel accommodations, and facilities within such country of official representatives of the United States to such country.
In this section:
The term appropriate congressional committees means—
the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
The term covered nation means—
the People’s Republic of China;
the Russian Federation;
the Islamic Republic of Iran;
the Democratic People’s Republic of Korea; and
the Republic of Cuba.
Accredited diplomatic and consular personnel of covered nations in the United States may not—
receive diplomatic privileges and immunities for more than 3 consecutive years;
receive diplomatic privileges and immunities for a second 3-year period until after living outside of the United States for not less than 2 years; or
receive diplomatic privileges and immunities for more than 6 total years.
The Secretary of State may waive a limitation in subsection (b) on a case-by-case basis that permits accredited diplomatic and consular personnel of covered nations to exceed the stated tour limits in such subsection if the following conditions are met:
The Secretary determines that doing so serves United States national security interests, provided the Secretary submits a justification to the appropriate congressional committees not later than 15 days prior to issuing the waiver that contains the following:
A description of the factors considered by the Secretary when evaluating whether to issue the waiver.
A compelling justification as to why issuing the waiver is in the national security interests of the United States.
The covered nation at issue reciprocally eases its tour limitations on United States diplomatic and consular personnel.
Section 502 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31; 22 U.S.C. 254a note) is amended—
by amending subsection (a) to read as follows:
In this section:
The term appropriate congressional committees means—
the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary , and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
The term covered nations means—
the People’s Republic of China;
the Russian Federation;
the Islamic Republic of Iran;
the Democratic People’s Republic of Korea; and
the Republic of Cuba.
in subsection (b)—
by striking consular personnel of the Russian Federation and inserting consular personnel of covered nations; and
by striking Russian consular personnel and inserting covered nation personnel;
in subsection (c)(1), by striking consular personnel of the Russian Federation and inserting consular personnel of covered nations;
by redesignating subsection (d) as subsection (f);
by inserting after subsection (c) the following new subsections:
The Secretary of State may waive a requirement of the mandatory advanced notification regime established pursuant to subsection (b) on a case-by-case basis if the Secretary determines that doing so serves United States national security interests, provided the Secretary submits to the appropriate committees of Congress a justification describing the circumstances necessitating the waiver and the reason why the waiver is in the national security interests of the United States.
In establishing the advance approval requirements described in subsection (c), the Secretary of State shall—
ensure that covered nations request approval from the Secretary of State at least 2 business days in advance of all travel that is subject to such requirements by accredited diplomatic and consular personnel of covered nations in the United States;
immediately provide such requests to the Director of National Intelligence and the Director of the Federal Bureau of Investigation;
not later than 10 days after approving such a request, certify to the appropriate congressional committees that—
personnel traveling on the request are not known or suspected intelligence officers; and
the requested travel will not be used for known or suspected intelligence purposes; and
establish penalties for noncompliance with such requirements by accredited diplomatic and consular personnel of covered nations in the United States, including loss of diplomatic privileges and immunities.
in subsection (e), as redesignated by paragraph (4)—
by inserting for 5 years after the date of the enactment of subsection (d) after quarterly thereafter;
in paragraph (1), by striking the number of notifications submitted under the regime required by subsection (b) and inserting the number of requests submitted under the regime required by subsection (b) and the number of such requests approved by the Secretary; and
in paragraph (2), by striking consular personnel of the Russian Federation and inserting consular personnel of covered nations.
Section 1019 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364) is amended by striking subsections (c) and (d).
Section 6312(d)(1) of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3364 note) is amended by striking In conjunction with each briefing provided under section 1019(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)) and inserting Not later than February 1 each year.
Section 506B of the National Security Act of 1947 (50 U.S.C. 3098) is repealed.
The table of contents of such Act is amended by striking the item relating to section 506B.
Section 1261 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended by striking subsection (e).
Section 1033 of the National Security Act of 1947 (50 U.S.C. 3227b) is repealed.
The table of contents of such Act is amended by striking the item relating to section 1033.
Section 7003 of the Energy Act of 2020 (50 U.S.C. 3372) is repealed.
The table of contents of such Act is amended by striking the item relating to section 7003.
Section 501 of the Intelligence Authorization Act for Fiscal Year 2016 (division M of Public Law 114–113) is repealed.
The table of contents of such Act is amended by striking the item relating to section 501.
Section 7507 of the Intelligence Authorization Act for Fiscal Year 2024 (50 U.S.C. 3334s) is amended by striking subsection (e).
Section 108 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6038) is repealed.
The table of contents of such Act is amended by striking the item relating to section 108.
Section 6705 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (22 U.S.C. 9412) is amended—
in the section heading, by striking and annual briefing; and
by striking subsection (b).
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the following new subsection:
Not later than 180 days after the date of the enactment of this subsection, the Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by the Commission based on accredited laboratories under this section.
The Commission shall develop a program for the acceptance of the results of penetration testing on election systems. The penetration testing required by this subsection shall be required for Commission certification. The Commission shall vote on the selection of any entity identified. The requirements for such selection shall be based on consideration of an entity’s competence to conduct penetration testing under this subsection. The Commission may consult with the National Institute of Standards and Technology or any other appropriate Federal agency on lab selection criteria and other aspects of this program.
Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part:
The Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the program) to test for and disclose cybersecurity vulnerabilities in election systems.
The program shall be conducted for a period of 5 years.
In carrying out the program, the Commission, in consultation with the Secretary, shall—
establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program;
provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks;
establish terms of participation that—
describe the scope of testing permitted under the program;
require researchers to—
notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and
otherwise keep such vulnerability confidential for 180 days after such notification;
require the good faith participation of all participants in the program; and
require an election system vendor, within 180 days after validating notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to—
send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and
notify the Commission and the Secretary that such patch has been sent to such officials;
in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide—
for the expedited review of such patch or fix within 90 days after receipt by the Commission; and
if such review is not completed by the last day of such 90-day period, that such patch or fix shall be deemed to be certified by the Commission, subject to any subsequent review of such determination by the Commission; and
not later than 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures.
Participation in the program shall be voluntary for election systems vendors and researchers.
When conducting research under this program, such research and subsequent publication shall be—
authorized in accordance with section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act), (and similar State laws), and the election system vendor will not initiate or support legal action against the researcher for accidental, good faith violations of the program; and
exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the Digital Millennium Copyright Act), and the election system vendor will not bring a claim against a researcher for circumvention of technology controls.
Nothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1).
In this subsection:
The term cybersecurity vulnerability means, with respect to an election system, any security vulnerability that affects the election system.
The term election infrastructure means—
storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and
related information and communications technology, including—
voter registration databases;
election management systems;
voting machines;
electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results); and
other systems used to manage the election process and to report and display election results on behalf of an election agency.
The term election system means any information system that is part of an election infrastructure, including any related information and communications technology described in subparagraph (B)(ii).
The term election system vendor means any person providing, supporting, or maintaining an election system on behalf of a State or local election official.
The term information system has the meaning given the term in section 3502 of title 44, United States Code.
The term Secretary means the Secretary of Homeland Security.
The term security vulnerability has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following:
The Secretary of Energy may, acting through the Director of the Office of Intelligence and Counterintelligence, enter into contracts or other arrangements for goods and services, through the National Laboratories, plants, or sites of the Department of Energy, for the purpose of foreign material acquisition in support of existing national security requirements.
Not later than 1 year after the date of the enactment of this Act, and annually thereafter until the date that is 4 years after the date of the enactment of this Act, the Director of the Office of Intelligence and Counterintelligence shall submit to the congressional intelligence committees, the Committee on Energy and Natural Resources of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations of the House of Representatives a report on the use by the Office of Intelligence and Counterintelligence of the authority provided by subsection (a).
The table of content for this division is as follows:
This title may be cited as the Intelligence Authorization Act for Fiscal Year 2026 or the Intelligence Authorization Act for Fiscal Year 2026.
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended—
in the matter preceding paragraph (1), by striking March 1 and inserting June 1; and
in paragraph (8)(A)(i), by striking pseudoephedrine and all that follows through chemicals) and inserting chemical precursors used in the production of methamphetamine that significantly affected the United States.
In this section:
The term appropriate committees of Congress means—
the Committee on the Judiciary of the Senate;
the Committee on Foreign Relations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on the Judiciary of the House of Representatives;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
The term DEA means the Drug Enforcement Administration.
The term PRC means the People’s Republic of China.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Attorney General, in consultation with the Secretary of the Treasury, shall jointly submit to the appropriate committees of Congress an unclassified written report, with a classified annex, that includes—
a description of United States Government efforts to gain a commitment from the Government of the PRC to submit unregulated fentanyl precursors, such as 4–AP, to controls;
a plan for future steps the United States Government will take to urge the Government of the PRC to combat the production and trafficking of illicit fentanyl and synthetic opioids from the PRC, including the trafficking of precursor chemicals used to produce illicit narcotics in Mexico and in other countries;
a detailed description of cooperation by the Government of the PRC to address the role of the PRC financial system and PRC money laundering organizations in the trafficking of fentanyl and synthetic opioid precursors;
an assessment of the expected impact that the designation of principal corporate officers of PRC financial institutions for facilitating narcotics-related money laundering would have on PRC money laundering organizations;
an assessment of whether the Trilateral Fentanyl Committee, which was established by the United States, Canada, and Mexico during the January 2023 North American Leaders' Summit, is improving cooperation with law enforcement and financial regulators in Canada and Mexico to combat the role of PRC financial institutions and PRC money laundering organizations in narcotics trafficking;
an assessment of the effectiveness of other United States bilateral and multilateral efforts to strengthen international cooperation to address the PRC’s role in the trafficking of fentanyl and synthetic opioid precursors, including through the Global Coalition to Address Synthetic Drug Threats;
an update on the status of commitments made by third countries through the Global Coalition to Address Synthetic Drug Threats to combat the synthetic opioid crisis and progress towards the implementation of such commitments;
a plan for future steps to further strengthen bilateral and multilateral efforts to urge the Government of the PRC to take additional actions to address the PRC’s role in the trafficking of fentanyl and synthetic opioid precursors, particularly in coordination with countries in East Asia and Southeast Asia that have been impacted by such activities;
an assessment of how actions the Government of the PRC has taken since November 15, 2023 has shifted relevant supply chains for fentanyl and synthetic opioid precursors, if at all; and
the items described in paragraphs (1) through (4) pertaining to India, Mexico, and other countries the Secretary of State determines to have a significant role in the production or trafficking of fentanyl and synthetic opioid precursors for purposes of this report.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Attorney General shall jointly provide to the appropriate committees of Congress a classified briefing on—
outreach and negotiations undertaken by the United States Government with the Government of the PRC that was aimed at securing the approval of the Government of the PRC to establish of United States Drug Enforcement Administration offices in Shanghai and Guangzhou, the PRC; and
additional efforts to establish new partnerships with provincial-level authorities in the PRC to counter the illicit trafficking of fentanyl, fentanyl analogues, and their precursors.
Section 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) is amended—
in subsection (a)—
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
by inserting after paragraph (2) the following:
In this paragraph, the term person of the People's Republic of China means—
an individual who is a citizen or national of the People's Republic of China; or
an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China.
In preparing the report required under paragraph (1), the President shall prioritize, to the greatest extent practicable, the identification of persons of the People's Republic of China involved in the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States, including—
any entity involved in the production of pharmaceuticals; and
any person that is acting on behalf of any such entity.
The President shall continue the prioritization required under subparagraph (B) until the President certifies to the appropriate congressional committees that the People’s Republic of China is no longer the primary source for the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States.
in subsection (c), by striking the date that is 5 years after such date of enactment and inserting December 31, 2030.
Section 7212 of the Fentanyl Sanctions Act (21 U.S.C. 2312) is amended—
in paragraph (1), by striking or at the end;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
the President determines has knowingly engaged in, on or after the date of the enactment of the BUST FENTANYL Act, a significant activity or significant financial transaction that has materially contributed to opioid trafficking; or
the President determines—
has knowingly provided significant financial, material, or technological support for, including through the provision of goods or services in support of any activity or transaction described in paragraph (3); or
is or has been owned, controlled, or directed by any foreign person described in subparagraph (A) or in paragraph (3), or has knowingly acted or purported to act for or on behalf of, directly or indirectly, such a foreign person.
In this section, the terms knowingly and opioid trafficking have the meanings given such terms in section 7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
The President may—
impose one or more of the sanctions described in section 7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313) with respect to any political subdivision, agency, or instrumentality of a foreign government, including any financial institution owned or controlled by a foreign government, that the President determines has knowingly, on or after the date of the enactment of this Act—
engaged in a significant activity or a significant financial transaction that has materially contributed to opioid trafficking; or
provided financial, material, or technological support for (including through the provision of goods or services in support of) any significant activity or significant financial transaction described in subclause (A); and
impose one or more of the sanctions described in section 7213(a)(6) of the Fentanyl Sanctions Act (21 U.S.C. 2313(a)(6)) with respect to each senior official of a political subdivision, agency, or instrumentality of a foreign government that the President determines has knowingly, on or after the date of the enactment of this Act, facilitated a significant activity or a significant financial transaction described in paragraph (1).
Section 723(c) of the Intelligence Authorization Act for Fiscal Year 2026 (22 U.S.C. 2291 note) is amended by striking the period at the end and inserting the following ", which shall—
identify the significant source countries for methamphetamine that significantly affect the United States, and
describe the actions by the governments of the countries identified pursuant to paragraph (1) to combat the diversion of relevant precursor chemicals and the production and trafficking of methamphetamine.
This title may be cited as the Intelligence Authorization Act for Fiscal Year 2026.
The Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741 et seq.) is amended by inserting after section 306 the following:
Subject to the notice requirement of subsection (c)(1)(A), the Secretary of State, in consultation with the heads of other relevant Federal agencies, may designate a foreign country that has provided support for or directly engaged in the unlawful or wrongful detention of a United States national as a State Sponsor of Unlawful or Wrongful Detention based on any of the following criteria:
The unlawful or wrongful detention of a United States national occurs in the foreign country.
The government of the foreign country or an entity organized under the laws of a foreign country has failed to release an unlawfully or wrongfully detained United States national within 30 days of being officially notified by the Department of State of the unlawful or wrongful detention.
Actions taken by the government of the foreign country indicate that the government is responsible for, complicit in, or materially supports the unlawful or wrongful detention of a United States national, including by acting as described in paragraph (2) after having been notified by the Department of State.
The actions of a state or nonstate actor in the foreign country, including any previous action relating to unlawful or wrongful detention or hostage taking of a United States national, pose a risk to the safety and security of United States nationals abroad sufficient to warrant designation of the foreign country as a State Sponsor of Unlawful or Wrongful Detention, as determined by the Secretary.
The Secretary of State may terminate the designation of a foreign country under subsection (a) if the Secretary certifies to Congress that the government of the foreign country—
has released the United States nationals unlawfully or wrongfully detained within the territory of the foreign country;
has positively contributed to the release of United States nationals taken hostage within the territory of the foreign country or from the custody of a nonstate entity;
has demonstrated changes in leadership or policies with respect to unlawful or wrongful detention and hostage taking; or
has provided assurances that the government of the foreign country will not engage or be complicit in or support acts described in subsection (a).
Not later than 7 days prior to making a designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention under subsection (a), the Secretary of State shall submit to the appropriate committees of Congress a report that notifies the committees of the proposed designation.
In each report submitted under subparagraph (A) with respect to the designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention, the Secretary shall include—
the justification for the designation; and
a description of any action taken by the United States Government, including the Secretary of State or the head of any other relevant Federal agency, in response to the designation to deter the unlawful or wrongful detention or hostage-taking of foreign nationals in the country.
Not later than 60 days after the date of the enactment of this section, the Secretary shall brief Congress on the following:
Whether any of the following countries should be designated as a State Sponsor of Unlawful or Wrongful Detention under subsection (a):
Afghanistan.
The Islamic Republic of Iran.
The People's Republic of China.
The Russian Federation.
Venezuela under the regime of Nicolás Maduro.
The Republic of Belarus.
The steps taken by the Secretary and the heads of other relevant Federal agencies to deter the unlawful and wrongful detention of United States nationals and to respond to such detentions, including—
any engagement with private sector companies to optimize the distribution of travel advisories; and
any engagement with private companies responsible for promoting travel to foreign countries engaged in the unlawful or wrongful detention of United States nationals.
An assessment of a possible expansion of chapter 97 of title 28, United States Code (commonly known as the Foreign Sovereign Immunities Act of 1976) to include an exception from asset seizure immunity for State Sponsors of Unlawful or Wrongful Detention.
A detailed plan on the manner by which a geographic travel restriction could be instituted against State Sponsors of Unlawful or Wrongful Detention.
The progress made in multilateral fora, including the United Nations and other international organizations, to address the unlawful and wrongful detention of United States nationals, in addition to nationals of partners and allies of the United States in foreign countries.
Not later than one year after the date of the enactment of this section, and annually thereafter for 5 years, the Assistant Secretary of State for Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall brief the appropriate committees of Congress with respect to unlawful or wrongful detentions taking place in the countries listed under paragraph (2)(A) and actions taken by the Secretary of State and the heads of other relevant Federal agencies to deter the wrongful detention of United States nationals, including any steps taken in accordance with paragraph (2)(B).
The Secretary shall make available on a publicly accessible website of the Department of State, and regularly update, a list of foreign countries designated as State Sponsors of Unlawful or Wrongful Detention under subsection (a).
Upon designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention under subsection (a), the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall conduct a comprehensive review of the use of existing authorities to respond to and deter the unlawful or wrongful detention of United States nationals in the foreign country, including—
sanctions available under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
visa restrictions available under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of Public Law 118–47; 8 U.S.C. 1182 note) or any other provision of Federal law;
sanctions available under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);
imposition of a geographic travel restriction on citizens of the United States;
restrictions on assistance provided to the government of the country under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision of Federal law;
restrictions on the export of certain goods to the country under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), or any other Federal law; and
designating the government of the country as a government that has repeatedly provided support for acts of international terrorism pursuant to—
section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or
any other provision of law.
In this section, the term appropriate committees of Congress means—
the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and
the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives.
Nothing in this section may be construed to imply that the United States Government formally recognizes any particular country or the government of such country as legitimate.
Chapter 423 of title 49, United States Code, is amended by adding at the end the following:
An air carrier, foreign air carrier, ticket agent, website, or search engine who advertises or provides access to, or sells, in the United States, a ticket for foreign air transportation of a passenger shall make reasonable effort to notify the passenger (or, if applicable, a guardian of such passenger), prior to departure, that United States Government international travel advisories may be in effect and shall make available a web link to the Department of State Travel Advisory System. Such notification shall be accessible for individuals with disabilities (as defined in section 382.3 of title 14, Code of Federal Regulations).
For the purposes of this section, an air carrier, foreign air carrier, ticket agent, website, or search engine referenced in subsection (a) may not be subject to civil or criminal penalty, or considered to be in violation of subsection (a), if information provided by the Department of State’s travel advisory website is unavailable, inaccurate, or expired.
Nothing in subsection (a) may be construed as grounds to inhibit access to consular services by a United States citizen abroad.
The analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42308 the following:
The amendments made by subsections (a) and (b) shall take effect one year after the date of the enactment of this Act.
Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the following:
The Hostage Response Group established pursuant to section 305(a) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741c(a)).
The Hostage Recovery Fusion Cell established pursuant to section 304(a) of such Act (22 U.S.C. 1741b(a)).
The Office of the Special Presidential Envoy for Hostage Affairs established pursuant to section 303(a) of such Act (22 U.S.C. 1741a(a)).
The report required by subsection (a) shall include—
a description of the existing structure of each component listed in subsection (a);
recommendations on how the components can be improved, including through reorganization or consolidation of the components; and
cost efficiencies on the components listed in subsection (a), including resources available to eligible former wrongful detainees and hostages and their family members.
Nothing in this title or the amendments made by this title may be construed as preventing the freedom of travel of United States citizens.
This title may be cited as the Intelligence Authorization Act for Fiscal Year 2026.
The Secretary of the Treasury, in consultation with the Secretary of State acting through the Ambassador-at-Large to Monitor and Combat Trafficking in Persons, shall instruct the United States Executive Director of each multilateral development bank (as defined in section 110(d) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d))) to encourage the inclusion of a counter-trafficking strategy, including risk assessment and mitigation efforts as needed, in proposed projects in countries listed—
on the Tier 2 Watch List (required under section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A)), as amended by section 104(a));
under subparagraph (C) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) (commonly referred to as Tier 3); and
as Special Cases in the most recent report on trafficking in persons required under such section (commonly referred to as the Trafficking in Persons Report).
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall brief the appropriate congressional committees regarding the implementation of this section.
Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that details the activities of the United States relating to combating human trafficking, including forced labor, within multilateral development projects.
In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended—
in section 102(b)(4) (22 U.S.C. 2151–1(b)(4))—
in subparagraph (F), by striking and at the end;
in subparagraph (G), by striking the period at the end and inserting ; and; and
by adding at the end the following:
effective counter-trafficking in persons policies and programs.
in section 492(d)(1) (22 U.S.C. 2292a(d)(1))—
by striking that the funds and inserting the following: “that—
the funds
in subparagraph (A), as added by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and; and
by adding at the end the following:
in carrying out the provisions of this chapter, the President shall, to the greatest extent possible—
ensure that assistance made available under this section does not create or contribute to conditions that can be reasonably expected to result in an increase in trafficking in persons who are in conditions of heightened vulnerability as a result of natural and manmade disasters; and
integrate appropriate protections into the planning and execution of activities authorized under this chapter.
Section 110(b)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)) is amended—
in the paragraph heading, by striking Special and inserting Tier 2; and
by amending subparagraph (A) to read as follows:
Not later than the date on which the determinations described in subsections (c) and (d) are submitted to the appropriate congressional committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary determines require special scrutiny during the following year. Such list shall be composed of countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report because—
the estimated number of victims of severe forms of trafficking is very significant or is significantly increasing and the country is not taking proportional concrete actions; or
there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials.
Section 110(b)(2)(F) of such Act (22 U.S.C. 7107(b)(2)(F)) is amended—
in the matter preceding clause (i), by striking the special watch list and all that follows through the country— and inserting the Tier 2 watch list described in subparagraph (A) for more than 2 years immediately after the country consecutively—;
in clause (i), in the matter preceding subclause (I), by striking the special watch list described in subparagraph (A)(iii) and inserting the Tier 2 watch list described in subparagraph (A); and
in clause (ii), by inserting in the year following such waiver under subparagraph (D)(ii) before the period at the end.
Section 110(b) of such Act (22 U.S.C. 7107(b)) is further amended—
in paragraph (2), as amended by subsection (a)—
in subparagraph (B), by striking special watch list and inserting Tier 2 watch list;
in subparagraph (C)—
in the subparagraph heading, by striking special watch list and inserting Tier 2 watch list; and
by striking special watch list and inserting Tier 2 watch list; and
in subparagraph (D)—
in the subparagraph heading, by striking special watch list and inserting Tier 2 watch list; and
in clause (i), by striking special watch list and inserting Tier 2 watch list;
in paragraph (3)(B), in the matter preceding clause (i), by striking clauses (i), (ii), and (iii) of; and
in paragraph (4)—
in subparagraph (A), in the matter preceding clause (i), by striking each country described in paragraph (2)(A)(ii) and inserting each country described in paragraph (2)(A); and
in subparagraph (D)(ii), by striking the Special Watch List and inserting the Tier 2 watch list.
Section 204(b)(1) of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 (Public Law 115–425) is amended by striking special watch list and inserting Tier 2 watch list.
Section 106(b)(6)(E)(iii) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205(b)(6)(E)(iii) is amended by striking under section and all that follows and inserting under section 110(b)(2)(A) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A)).
Section 1298 of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 7114) is amended—
in subsection (g)(2), by striking 2020 and inserting 2029; and
in subsection (h)(1), by striking Not later than September 30, 2018, and September 30, 2020 and inserting Not later than September 30, 2025, and September 30, 2029.
To be eligible for funding under the Program to End Modern Slavery of the Office to Monitor and Combat Trafficking in Persons, a grant recipient shall—
publish the names of all subgrantee organizations on a publicly available website; or
if the subgrantee organization expresses a security concern, the grant recipient shall relay such concerns to the Secretary of State, who shall transmit annually the names of all subgrantee organizations in a classified annex to the chairs of the appropriate congressional committees (as defined in section 1298(i) of the National Defense Authorization Act of 2017 (22 U.S.C. 7114(i))).
All grants issued under the program referred to in subsection (b) shall be—
awarded on a competitive basis; and
subject to the regular congressional notification procedures applicable with respect to grants made available under section 1298(b) of the National Defense Authorization Act of 2017 (22 U.S.C. 7114(b)).
Section 110(d)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d)(1)) is amended to read as follows:
The President has determined that—
the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the central government of the country or funding to facilitate the participation by officials or employees of such central government in educational and cultural exchange programs, for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; and
the President will instruct the United States Executive Director of each multilateral development bank and of the International Monetary Fund to vote against, and to use the Executive Director’s best efforts to deny, any loan or other utilization of the funds of the respective institution to that country (other than for humanitarian assistance, for trade-related assistance, or for development assistance that directly addresses basic human needs, is not administered by the central government of the sanctioned country, and is not provided for the benefit of that government) for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance.
Section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10)) is amended to read as follows:
The term nonhumanitarian, nontrade-related foreign assistance means—
sales, or financing on any terms, under the Arms Export Control Act (22 U.S.C. 2751 et seq.), other than sales or financing provided for narcotics-related purposes following notification in accordance with the prior notification procedures applicable to reprogrammings pursuant to section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1); or
United States foreign assistance, other than—
with respect to the Foreign Assistance Act of 1961—
assistance for international narcotics and law enforcement under chapter 8 of part I of such Act (22 U.S.C. 2291 et seq.);
assistance for International Disaster Assistance under subsections (b) and (c) of section 491 of such Act (22 U.S.C. 2292);
antiterrorism assistance under chapter 8 of part II of such Act (22 U.S.C. 2349aa et seq.); and
health programs under chapters 1 and 10 of part I and chapter 4 of part II of such Act (22 U.S.C. 2151 et seq.);
assistance under the Food for Peace Act (7 U.S.C. 1691 et seq.);
assistance under sections 2(a), (b), and (c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(a), (b), (c)) to meet refugee and migration needs;
any form of United States foreign assistance provided through nongovernmental organizations, international organizations, or private sector partners—
to combat human and wildlife trafficking;
to promote food security;
to respond to emergencies;
to provide humanitarian assistance;
to address basic human needs, including for education;
to advance global health security; or
to promote trade; and
any other form of United States foreign assistance that the President determines, by not later than October 1 of each fiscal year, is necessary to advance the security, economic, humanitarian, or global health interests of the United States without compromising the steadfast United States commitment to combating human trafficking globally.
The term nonhumanitarian, nontrade-related foreign assistance shall not include payments to or the participation of government entities necessary or incidental to the implementation of a program that is otherwise consistent with section 110.
Section 203(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1375c(b)) is amended by inserting after paragraph (4) the following:
The Secretary shall administer the Domestic Worker In-Person Registration Program for employees with A–3 visas or G–5 visas employed by accredited foreign mission members or international organization employees and shall expand this program nationally, which shall include—
after the arrival of each such employee in the United States, and annually during the course of such employee’s employment, a description of the rights of such employee under applicable Federal and State law;
provision of a copy of the pamphlet developed pursuant to section 202 to the employee with an A–3 visa or a G–5 visa; and
information on how to contact the National Human Trafficking Hotline.
The Secretary shall—
inform embassies, international organizations, and foreign missions of the rights of A–3 and G–5 domestic workers under the applicable labor laws of the United States, including the fair labor standards described in the pamphlet developed pursuant to section 202 and material on labor standards and labor rights of domestic worker employees who hold A–3 and G–5 visas;
inform embassies, international organizations, and foreign missions of the potential consequences to individuals holding a nonimmigrant visa issued pursuant to subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) who violate the laws described in subclause (I)(aa), including (at the discretion of the Secretary)—
the suspension of A–3 visas and G–5 visas;
request for waiver of immunity;
criminal prosecution;
civil damages; and
permanent revocation of or refusal to renew the visa of the accredited foreign mission or international organization employee; and
require all accredited foreign mission and international organization employers of individuals holding A–3 visas or G–5 visas to report the wages paid to such employees on an annual basis.
Sections 6314(b) and 6315, and the amendments made by those sections, take effect on the date that is the first day of the first full reporting period for the report required under section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) after the date of the enactment of this Act.
Section 113 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7110) is amended—
in subsection (a), by striking 2018 through 2021, $13,822,000 and inserting 2026 through 2030, $17,000,000; and
in subsection (c)—
in paragraph (1), in the matter preceding subparagraph (A), by striking 2018 through 2021, $65,000,000 and inserting 2026 through 2030, $102,500,000; and
by adding at the end the following:
Of the amounts authorized by paragraph (1) to be appropriated for a fiscal year, not more than $37,500,000 may be made available to fund programs to end modern slavery.
Section 11 of the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking 2018 through 2021 and inserting 2025 through 2029.
Not later than 30 days after the public designation of country tier rankings and subsequent publishing of the Trafficking in Persons Report, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—
countries that were downgraded or upgraded in the most recent Trafficking in Persons Report; and
the efforts made by the United States to improve counter-trafficking efforts in those countries, including foreign government efforts to better meet minimum standards to eliminate human trafficking.
Not later than 30 days after the President has determined to issue a waiver under section 110(d)(5) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d)(5)), the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—
each country that received a waiver;
the justification for each such waiver; and
a description of the efforts made by each country to meet the minimum standards to eliminate human trafficking.
This division may be cited as the Coast Guard Authorization Act of 2025.
The table of contents for this division is as follows:
In this division, the term Commandant means the Commandant of the Coast Guard.
Section 4902 of title 14, United States Code, is amended—
in the matter preceding paragraph (1) by striking fiscal years 2022 and 2023 and inserting fiscal years 2025 and 2026;
in paragraph (1)—
in subparagraph (A) by striking clauses (i) and (ii) and inserting the following:
$11,287,500,000 for fiscal year 2025; and
$11,851,875,000 for fiscal year 2026.
in subparagraph (B) by striking $23,456,000 and inserting $25,570,000; and
in subparagraph (C) by striking $24,353,000 and inserting $26,848,500;
in paragraph (2)(A) by striking clauses (i) and (ii) and inserting the following:
$3,627,600,000 for fiscal year 2025; and
$3,651,480,000 for fiscal year 2026.
in paragraph (3) by striking subparagraphs (A) and (B) and inserting the following:
$15,415,000 for fiscal year 2025; and
$16,185,750 for fiscal year 2026.
by striking paragraph (4) and inserting the following:
For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for purposes of retired pay, payments under the Retired Serviceman’s Family Protection Plan and the Survivor Benefit Plan, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, $1,210,840,000 for fiscal year 2025.
Section 4904 of title 14, United States Code, is amended—
in subsection (a) by striking fiscal years 2022 and 2023 and inserting fiscal years 2025 and 2026; and
in subsection (b)—
in paragraph (1) by striking 2,500 and inserting 3,000;
in paragraph (2) by striking 165 and inserting 200;
in paragraph (3) by striking 385 and inserting 450; and
in paragraph (4) by striking 1,200 and inserting 1,300.
Section 1105 of title 14, United States Code, is amended by adding at the end the following:
In this section, the term lead systems integrator has the meaning given such term in section 805(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163).
Subchapter II of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
Requirements for a Level 1 or Level 2 acquisition project or program under sections 1131 through 1134 shall not apply to an acquisition by the Coast Guard that is a service life extension program.
In this section, the term service life extension program means a capital investment that is solely intended to extend the service life and address obsolescence of components or systems of a particular capability or asset.
The analysis for chapter 11 of such title is amended by inserting after the item relating to section 1137 the following:
Section 5103 of title 14, United States Code, is amended—
in subsection (a) by striking major acquisition programs and inserting Level 1 Acquisitions or Level 2 Acquisitions;
in subsection (b) by striking major acquisition program and inserting Level 1 Acquisition or Level 2 Acquisition; and
by amending subsection (f) to read as follows:
In this section:
The term Level 1 Acquisition has the meaning given such term in section 1171.
The term Level 2 Acquisition has the meaning given such term in section 1171.
Section 5107 of title 14, United States Code, is amended by striking section 5103(f) and inserting section 1171.
Subchapter II of chapter 11 of title 14, United States Code, is further amended by adding at the end the following:
In carrying out the acquisition and procurement of vessels and aircraft, the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, shall consider the life-cycle cost estimates of vessels and aircraft, as applicable, during the design and evaluation processes to the maximum extent practicable.
The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1138 (as added by this Act) the following:
Not later than 90 days after the date of enactment of this Act, the Commandant 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 strategy detailing how the Coast Guard will complete design and construction of a Great Lakes icebreaker at least as capable as the Coast Guard cutter Mackinaw (WLBB–30) as expeditiously as possible after funding is provided for such icebreaker, including providing a cost estimate and an estimated delivery timeline that would facilitate the expedited delivery detailed in the strategy.
During the 5 ice seasons beginning after the date of enactment of this Act, the Commandant shall conduct a pilot program to determine the extent to which the Coast Guard Great Lakes icebreaking cutter fleet is capable of maintaining tier one and tier two waterways open 95 percent of the time during an ice season.
Not later than 180 days after the end of each of the 5 ice seasons beginning after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that details—
the results of the pilot program required under subparagraph (A); and
any relevant new performance measures implemented by the Coast Guard, including the measures described in pages 5 through 7 of the report of the Coast Guard titled Domestic Icebreaking Operations and submitted to Congress on July 26, 2024, as required by section 11212(a)(3) of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263), and the results of the implementation of such measures.
Section 11213(f) of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is amended to read as follows:
Not later than July 1 after the first winter in which the Commandant has submitted the report required by paragraph (3) of section 11212(a), the Commandant shall publish on a publicly accessible website of the Coast Guard a report on the cost to the Coast Guard of meeting the proposed standards described in paragraph (2) of such section.
Section 11272(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is amended by adding at the end the following:
Not later than 30 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall brief the Committee on Transportation and Infrastructure of the House or Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the cost to the Coast Guard of meeting the requirements of section 564 of title 14, United States Code, in fiscal year 2024.
Not later than November 1, 2025 and November, 1, 2026, the Commandant shall brief the committees described in subparagraph (A) on the cost to the Coast Guard of meeting the requirements of section 564 of title 14, United States Code, in fiscal years 2025 and 2026, respectively.
Not later than 120 days after the date of enactment of this Act, the Commandant and the Chief of Naval Operations shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives a report on the status of acquisition of Polar Security Cutters.
The report under paragraph (1) shall include—
a detailed timeline for the acquisition process of Polar Security Cutters, including expected milestones and a projected commissioning date for the first 3 Polar Security Cutters;
an accounting of the previously appropriated funds spent to date on the Polar Security Cutter Program, updated cost projections for Polar Security Cutters, and projections for when additional funds will be required;
potential factors and risks that could further delay or imperil the completion of Polar Security Cutters; and
a review of the acquisition of Polar Security Cutters to date, including factors that led to substantial cost overruns and delivery delays.
Not later than 90 days after the submission of the report under subsection (a), and not less frequently than every 90 days thereafter, the Commandant and the Chief of Naval Operations shall provide to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the Polar Security Cutter acquisition process.
The briefings under paragraph (1) shall occur after any key milestone in the Polar Security Cutter acquisition process, but not less frequently than every 90 days.
Each briefing under paragraph (1) shall include—
a summary of acquisition progress since the most recent previous briefing conducted pursuant to paragraph (1);
an updated timeline and budget estimate for acquisition and building of pending Polar Security Cutters; and
an explanation of any delays or additional costs incurred in the acquisition progress.
In addition to the briefings required under subsection (b), the Commandant and the Chief of Naval Operations shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Armed Services of the Senate and the House of Representatives within 3 business days of any significant change to the scope or funding level of the Polar Security Cutter acquisition strategy of such change.
Subchapter III of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
Except as provided in subsection (b), the Commandant may not acquire, procure, or construct a floating dry dock for the Coast Guard Yard.
Notwithstanding subsection (a) of this section and section 1105(a), the Commandant may—
provide for an entity other than the Coast Guard to contract for the acquisition, procurement, or construction of a floating drydock by contract, lease, purchase, or other agreement;
construct a floating drydock at the Coast Guard Yard; or
acquire or procure a commercially available floating drydock.
Sections 1131, 1132, 1133, and 1171 shall not apply to an acquisition or procurement under subsection (b).
To the extent practicable, a floating drydock acquired, procured, or constructed under this section shall reflect commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
Any floating drydock acquired, procured, or constructed under subsection (b) shall be berthed at the Coast Guard Yard in Baltimore, Maryland, when lifting or maintaining vessels.
In this section, the term floating dry dock means equipment that is—
constructed in the United States; and
capable of meeting the lifting and maintenance requirements of a vessel that is at least 418 feet in length with a gross tonnage of 4,500 gross tons.
The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1158 the following:
Section 903(d)(1) of title 14, United States Code, is amended by striking $1,500,000 and inserting $2,000,000.
Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the heads of other appropriate Federal agencies, shall develop a location-specific tsunami preparedness plan for each property concerned.
In developing each preparedness plan under subsection (a), the Commandant shall ensure that the plan—
minimizes the loss of human life;
maximizes the ability of the Coast Guard to meet the mission of the Coast Guard;
is included in the emergency action plan for each Coast Guard unit or sector located within the applicable tsunami inundation zone;
designates an evacuation route to an assembly area located outside the tsunami inundation zone;
takes into consideration near-shore and distant tsunami inundation of the property concerned;
includes—
maps of all applicable tsunami inundation zones;
evacuation routes and instructions for all individuals located on the property concerned;
procedures to begin evacuations as expeditiously as possible upon detection of a seismic or other tsunamigenic event;
evacuation plans for Coast Guard aviation and afloat assets; and
routes for evacuation on foot from any location within the property concerned; or
if an on-foot evacuation is not possible, an assessment of whether there is a need for vertical evacuation refuges that would allow evacuation on foot;
in the case of a property concerned that is at risk for a near-shore tsunami, is able to be completely executed within 15 minutes of detection of a seismic event, or if complete execution is not possible within 15 minutes, within a timeframe the Commandant considers reasonable to minimize the loss of life; and
not less frequently than annually, is—
exercised by each Coast Guard unit and sector located in the applicable tsunami inundation zone;
communicated through an annual in-person training to Coast Guard personnel and dependents located or living on the property concerned; and
evaluated by the relevant District Commander for each Coast Guard unit and sector located within the applicable tsunami inundation zone.
In developing each preparedness plan under subsection (a), the Commandant shall consult relevant State, Tribal, and local government entities, including emergency management officials.
Not later than 14 months after the date of enactment of this Act, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on each plan developed under subsection (a), including the status of implementation and feasibility of each such plan.
In this section:
The term property concerned means any real property owned, operated, or leased by the Coast Guard within a tsunami inundation zone.
The term tsunamigenic event means any event, such as an earthquake, volcanic eruption, submarine landslide, coastal rockfall, or other event, with the magnitude to cause a tsunami.
The term vertical evacuation refuge means a structure or earthen mound designated as a place of refuge in the event of a tsunami, with sufficient height to elevate evacuees above the tsunami inundation depth, designed and constructed to resist tsunami load effects.
Section 11269 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is—
transferred to appear at the end of subchapter II of chapter 5 of title 14, United States Code;
redesignated as section 529; and
amended—
by striking the section enumerator and heading and inserting the following:
by striking Not later than and inserting the following:
Not later than
by striking the number of migrant and inserting the number of drug and person; and
by adding at the end the following:
In making information about interdictions publicly available under subsection (a), the Commandant shall include a description of the following:
The number of incidents in which drugs were interdicted, the amount and type of drugs interdicted, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred.
The number of incidents in which persons were interdicted, the number of persons interdicted, the number of those persons who were unaccompanied minors, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred.
Nothing in this provision shall be construed to require the Coast Guard to collect the information described in subsection (b), and nothing in this provision shall be construed to require the Commandant to publicly release confidential, classified, law enforcement sensitive, or otherwise protected information.
The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 528 the following:
The table of sections in section 11001(b) of the Don Young Coast Guard Authorization Act of 2022 (division K of Public Law 117–263) is amended by striking the item relating to section 11269.
Section 70032 of title 46, United States Code, is amended to read as follows:
Except as provided in subsection (b), the authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.
The Secretary of the department in which the Coast Guard is operating, after consultation with the Secretary or the head of an agency to which the Secretary has delegated the authorities in subsection (a), may—
issue and enforce special orders in accordance with section 70002;
establish water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel structure, waters, or shore area, as permitted in section 70011(b)(3); and
take actions for port, harbor, and coastal facility security in accordance with section 70116.
The analysis for chapter 700 of title 46, United States Code, is amended by striking the item relating to section 70032 and inserting the following:
Section 11221 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is amended by adding at the end the following:
Beginning with the first quarterly report required under subsection (a) submitted after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary shall include in each such report—
the status of the use of recently renovated Coast Guard housing facilities, food preparation facilities, and maintenance and repair facilities on St. Paul Island, Alaska, including a projected date for full use and occupancy of such facilities in support of Coast Guard missions in the Bering Sea; and
a detailed plan for the acquisition and construction of a hangar in close proximity to existing St. Paul airport facilities for the prosecution of Coast Guard operational missions, including plans for the use of land needed for such hangar.
Not later than 1 year after the date of enactment of this Act, the Commandant shall update the policy of the Coast Guard regarding the use, at Coast Guard facilities, onboard Coast Guard assets, and during Coast Guard operations, of medication to treat drug overdoses, including the use of drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose.
The updated policy required under subsection (a) shall require opioid overdose reversal medications be available—
at each Coast Guard clinic;
at each independently located Coast Guard unit;
onboard each Coast Guard cutter; and
for response to known or suspected opioid overdoses, such as fentanyl, at other appropriate Coast Guard installations and facilities and onboard other Coast Guard assets.
Not later than 1 year after the earlier of the date of enactment of this Act or the date on which the tracking system established under section 706 of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 1090 note) is established, the Commandant shall ensure the participation of the Coast Guard in the such tracking system.
Not later than 1 year after the earlier of the date of enactment of this Act or the date on which the tracking system established under section 706 of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 1090 note) is established, the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy and the Secretary of Defense shall finalize a memorandum of understanding to facilitate Coast Guard access such tracking system.
Not later than 2 years after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the use, by members and personnel of the Coast Guard at Coast Guard facilities, onboard Coast Guard assets, and during Coast Guard operations, of—
opioid overdose reversal medications; and
opioids, including fentanyl.
The briefing required under paragraph (1) shall include the following:
A description of—
the progress made in the implementation of the updated policy required under subsection (a);
the prevalence and incidence of the illegal use of fentanyl and other controlled substances in the Coast Guard during the 5-year period preceding the briefing;
processes of the Coast Guard to mitigate substance abuse in the Coast Guard, particularly with respect to fentanyl; and
the status of the memorandum of understanding required under subsection (d).
For the 5-year period preceding the briefing, a review of instances in which naloxone or other similar medication was used to treat opioid, including fentanyl, overdoses at a Coast Guard facility, onboard a Coast Guard asset, or during a Coast Guard operation.
In carrying out the requirements of this section, the Commandant shall ensure compliance with all applicable privacy law, including section 552a of title 5, United States Code (commonly referred to as the Privacy Act), and the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d–2 note).
For purposes of the availability requirement under subsection (b), with respect to a Coast Guard installation comprised of multiple Coast Guard facilities or units, opioid overdose reversal medications available at a single Coast Guard facility within the installation shall be considered to be available to all Coast Guard facilities or units on the installation if appropriate arrangements are in place to ensure access, at all times during operations, to the opioid overdose reversal medications contained within such single Coast Guard facility.
Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue or amend regulations to address any applicable arrangements with the Canadian Coast Guard regarding vessel traffic services cooperation and vessel traffic management data exchanges within the Saint Lawrence Seaway and the Great Lakes.
Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Administrator of the Drug Enforcement Administration, the Secretary of State, and the Secretary of Defense, shall develop a policy, consistent with the Constitution of the United States, as well as domestic and international law, to address, disincentivize, and interdict illicit trafficking by sea of controlled substances (and precursors of controlled substances) being transported to produce illicit synthetic drugs.
The policy required under subsection (a) shall—
include a requirement that, to the maximum extent practicable, a vessel unlawfully transporting a controlled substance or precursors of a controlled substance being transported to produce illicit synthetic drugs, be seized or appropriately disposed of consistent with domestic and international law, as well as any international agreements to which the United States is a party; and
aim to reduce incentives for illicit maritime drug trafficking on a global scale, including in the Eastern Pacific Ocean, the Indo-Pacific region, the Caribbean, and the Middle East.
Not later than 1 year after the date of the enactment of this Act, the Commandant shall brief the Committee on Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security of the House of Representatives regarding—
the policy developed pursuant to subsection (a); and
recommendations with respect to—
additional methods for reducing illicit drug trafficking; and
additional resources necessary to implement the policy required under subsection (a) and methods recommended under subparagraph (A).
Except as provided in subsection (b)(2), subject to the availability of appropriations and if the Secretary of Homeland Security determines that there is a need, the Secretary of Homeland Security shall—
procure a tactical maritime surveillance system, or similar technology, for use by the Coast Guard and U.S. Customs and Border Protection in the areas of operation of—
Coast Guard Sector San Diego in California;
Coast Guard Sector San Juan in Puerto Rico; and
Coast Guard Sector Key West in Florida; and
for purposes of data integration and land-based data access, procure for each area of operation described in paragraph (1) and for Coast Guard Station South Padre Island a land-based maritime domain awareness system capable of sharing data with the Coast Guard and U.S. Customs and Border Protection—
to operate in conjunction with—
the system procured under section 11266 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 4063) for Coast Guard Station South Padre Island; and
the tactical maritime surveillance system procured for each area of operation under paragraph (1); and
to be installed in the order in which the systems described in subparagraph (A) are installed.
Prior to the procurement or operation of a tactical maritime surveillance system, or similar technology, that is deployed from a property owned by the Department of Defense, the Secretary of Homeland Security shall complete a study, in coordination with Secretary of Defense, analyzing the potential impacts to the national security of the United States of such operation.
If it is determined by the Secretary of Homeland Security and the Secretary of Defense through the study required under paragraph (1) that the placement or installation of a system described in subsection (a) negatively impacts the national security of the United States, such system shall not be procured or installed.
The purpose of this section is to require a plan to increase joint and integrated training opportunities for the United States Coast Guard and the Taiwan Coast Guard Administration.
Not later than 180 days after the date of enactment of this Act, the Commandant, in consultation with the Secretary of State and the Secretary of Defense, shall complete a plan to expand opportunities for additional joint and integrated training activities for the United States Coast Guard and the Taiwan Coast Guard Administration.
The plan required by paragraph (1) shall include the following:
The estimated costs for fiscal years 2024 through 2029—
to deploy United States Coast Guard mobile training teams to Taiwan to meaningfully enhance the maritime security, law enforcement, and deterrence capabilities of Taiwan; and
to accommodate the participation of an increased number of members of the Taiwan Coast Guard Administration in United States Coast Guard-led maritime training courses, including associated training costs for such members, such as costs for lodging, meals and incidental expenses, travel, training of personnel, and instructional materials.
A strategy for increasing the number of seats, as practicable, for members of the Taiwan Coast Guard Administration at each of the following United States Coast Guard training courses:
The International Maritime Officers Course.
The International Leadership and Management Seminar.
The International Crisis Command and Control Course.
The International Maritime Domain Awareness School.
The International Maritime Search and Rescue Planning School.
The International Command Center School.
An assessment of—
the degree to which integrated and joint United States Coast Guard and Taiwan Coast Guard Administration maritime training would assist in—
preventing, detecting, and suppressing illegal, unreported, and unregulated fishing operations in the South China Sea and surrounding waters; and
supporting counter-illicit drug trafficking operations in the South China Sea and surrounding waters; and
whether the frequency of United States Coast Guard training team visits to Taiwan should be increased to enhance the maritime security, law enforcement, and deterrence capabilities of Taiwan.
Not later than 60 days after the date on which the plan required under paragraph (1) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives a briefing on the contents of the plan.
Section 907 of title 14, United States Code, is amended—
in subsection (a), in the first sentence—
by striking 20 years and inserting 30 years;
by striking or National and inserting National; and
by inserting before the period , medical facilities, Coast Guard child development centers (as such term is defined in section 2921), and training facilities, including small arms firing ranges; and
in subsection (b)—
by striking the period and inserting a semicolon;
by striking means any facilities and inserting
means—
any facilities
by adding at the end the following:
medical facilities;
Coast Guard child development centers (as such term is defined in section 2921); and
training facilities, including small arms firing ranges.
Section 546 of title 14, United States Code, is amended in the second sentence by inserting and the amounts collected shall be available until expended after special deposit account.
Section 504 of title 14, United States Code, is amended—
in subsection (a)(13) by striking five years and inserting 30 years; and
by adding at the end the following:
Amounts received under subsection (a)(13) shall be—
in addition to amounts otherwise available for the activities described in subsection (a)(13) for any fiscal year; and
available until expended.
Except as provided in subparagraph (B), a person or entity entering into a contractual agreement under this section shall provide consideration for the contractual agreement at fair market value, as determined by the Commandant.
In the case of a contractual agreement under this section between the Coast Guard and any other Federal department or agency, the Federal department or agency concerned shall provide consideration for the contractual agreement that is equal to the full cost borne by the Coast Guard in connection with completing such contractual agreement.
Consideration under this subsection may take any of the following forms:
The payment of cash.
The maintenance, construction, modification, or improvement of existing or new facilities on real property under the jurisdiction of the Commandant.
The use by the Coast Guard of facilities on the property concerned.
The provision of services, including parking, telecommunications, and environmental remediation and restoration of real property under the jurisdiction of the Commandant.
Any other consideration the Commandant considers appropriate.
A combination of any forms described in this subparagraph.
The authority under paragraph (13) of subsection (a) shall expire on December 31, 2030. The expiration under this paragraph of authority under paragraph (13) of subsection (a) shall not affect the validity or term of contractual agreements under such paragraph or the retention by the Commandant of proceeds from such agreements entered into under such subsection before the expiration of the authority.
Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
In this section:
The term Coast Guard installation means a base, unit, station, yard, other property under the jurisdiction of the Commandant or, in the case of property in a foreign country, under the operational control of the Coast Guard, without regard to the duration of operational control.
The term cultural resource means any of the following:
A building, structure, site, district, or object eligible for or included in the National Register of Historic Places maintained under section 302101 of title 54.
Cultural items, as that term is defined in section 2(3) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(3)).
An archaeological resource, as that term is defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1))).
An archaeological artifact collection and associated records covered by part 79 of title 36, Code of Federal Regulations.
A sacred site, as that term is defined in section 1(b) of Executive Order No. 13007 (42 U.S.C. 1996 note; relating to Indian sacred sites).
Treaty or trust resources of an Indian Tribe, including the habitat associated with such resources.
Subsistence resources of an Indian Tribe or a Native Hawaiian organization including the habitat associated with such resources.
The term eligible entity means any the following:
A State, or a political subdivision of a State.
A local government.
An Indian Tribe.
A Native Hawaiian organization.
A Tribal organization.
A Federal department or agency.
The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
The term natural resource means land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the waters of the United States), any State or local government, any Indian Tribe, any Native Hawaiian organization, or any member of an Indian Tribe, if such resources are subject to a trust restriction on alienation and have been categorized into one of the following groups:
Surface water resources.
Ground water resources.
Air resources.
Geologic resources.
Biological resources.
The term State includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
The Commandant may enter into a cooperative agreement with an eligible entity (or in the case that the eligible entity is a Federal department or agency, an interagency agreement)—
to provide for the preservation, management, maintenance, and improvement of natural resources and cultural resources located on a site described under paragraph (2); and
for the purpose of conducting research regarding the natural resources and cultural resources.
To be covered by a cooperative agreement under paragraph (1), the relevant natural resources or cultural resources shall be located—
on a Coast Guard installation; or
on a site outside of a Coast Guard installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, either directly or indirectly, with current or anticipated Coast Guard training, testing, maintenance, or operations on a Coast Guard installation.
Section 1535 and chapter 63 of title 31 shall not apply to an agreement entered into under paragraph (1).
The Commandant may enter into an agreement with an eligible entity, and may enter into an interagency agreement with the head of another Federal department or agency, to address the use or development of property in the vicinity of, or ecologically related to, a Coast Guard installation for purposes of—
limiting any development or use of such property that would be incompatible with the mission of the Coast Guard installation;
preserving habitat on such property in a manner that—
is compatible with environmental requirements; and
may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or interfere, either directly or indirectly, with current or anticipated Coast Guard training or operations on the Coast Guard installation;
maintaining or improving Coast Guard installation resilience;
maintaining and improving natural resources, or benefitting natural and historic research, on the Coast Guard installation;
maintaining access to cultural resources and natural resources, including—
Tribal treaty fisheries and shellfish harvest, and usual and accustomed fishing areas; and
subsistence fisheries, or any other fishery or shellfish harvest, of an Indian Tribe;
providing a means to replace or repair property or cultural resources of an Indian Tribe or a Native Hawaiian organization if such property is damaged by Coast Guard personnel or operations, in consultation with the affected Indian Tribe or Native Hawaiian organization; or
maintaining and improving natural resources located outside a Coast Guard installation, including property of an eligible entity, if the purpose of the agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, either directly or indirectly, current or anticipated Coast Guard activities.
Notwithstanding chapter 63 of title 31, an agreement under subsection (b)(1) that is a cooperative agreement and concerns a cultural resource or a natural resource may be used to acquire property or services for the direct benefit or use of the Federal Government.
An agreement under subparagraph (b)(1) shall provide for—
the acquisition by an eligible entity or entities of all right, title, and interest in and to any real property, or any lesser interest in the property, as may be appropriate for purposes of this subsection; and
the sharing by the United States and an eligible entity or entities of the acquisition costs in accordance with paragraph (3).
Property or interests may not be acquired pursuant to an agreement under subsection (b)(1) unless the owner of the property or interests consents to the acquisition.
An agreement with an eligible entity under subsection (b)(1) may provide for—
the management of natural resources on, and the monitoring and enforcement of any right, title, or interest in real property in which the Commandant acquires any right, title, or interest in accordance with this subsection; and
for the payment by the United States of all or a portion of the costs of such management, monitoring, or enforcement if the Commandant determines that there is a demonstrated need to preserve or restore habitat for the purposes of subsection (b) or (c).
Any payment provided for under subparagraph (A) may—
be paid in a lump sum;
include an amount intended to cover the future costs of natural resource management and monitoring and enforcement; and
be placed by the eligible entity in an interest-bearing account, so long as any interest is to be applied for the same purposes as the principal.
Any payments made under this paragraph shall be subject to periodic auditing by the Inspector General of the department in which the Coast Guard is operating.
In entering into an agreement under subsection (b)(1), the Commandant shall determine the appropriate portion of the acquisition costs to be borne by the United States in the sharing of acquisition costs of real property, or an interest in real property, as required under paragraph (1)(B).
In lieu of, or in addition to, making a monetary contribution toward the cost of acquiring a parcel of real property, or an interest therein, pursuant to an agreement under subsection (b)(1), the Commandant may convey real property in accordance with applicable law.
The portion of acquisition costs borne by the United States pursuant to subparagraph (A), either through the contribution of funds, excess real property, or both, may not exceed an amount equal to—
the fair market value of any property, or interest in property, to be transferred to the United States upon the request of the Commandant under paragraph (5); or
the cumulative fair market value of all properties, or all interests in properties, to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (b)(1).
The contribution of an eligible entity to the acquisition costs of real property, or an interest in real property, under paragraph (1)(B) may include, with the approval of the Commandant, the following:
The provision of funds, including funds received by the eligible entity from—
a Federal agency outside the department in which the Coast Guard is operating; or
a State or local government in connection with a Federal, State, or local program.
The provision of in-kind services, including services related to the acquisition or maintenance of such real property or interest in real property.
The exchange or donation of real property or any interest in real property.
Any combination of clauses (i) through (iii).
In entering into an agreement under subsection (b)(1), each eligible entity that is a party to the agreement shall agree, as a term of the agreement, to transfer to the United States, upon request of the Commandant, all or a portion of the property or interest acquired under the agreement or a lesser interest therein, except no such requirement need be included in the agreement if—
the property or interest is being transferred to a State or another Federal agency, or the agreement requires the property or interest to be subsequently transferred to a State or another Federal agency; and
the Commandant determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this subsection.
The Commandant shall limit a transfer request pursuant to subparagraph (A) to the minimum property or interests necessary to ensure that the property or interest concerned is developed and used in a manner appropriate for purposes of this subsection.
Notwithstanding paragraph (A), If all or a portion of a property or interest acquired under an agreement under subsection (b)(1) is initially or subsequently transferred to a State or another Federal agency, before that State or other Federal agency may declare the property or interest in excess to its needs or propose to exchange the property or interest, the State or other Federal agency shall give the Commandant reasonable advance notice of its intent to so declare.
Upon receiving such reasonable advance notice under clause (i), the Commandant may request, within a reasonable time period, that administrative jurisdiction over the property or interest be transferred to the Commandant, if the Commandant determines such transfer necessary for the preservation of the purposes of this subsection.
Upon a request from the Commandant under clause (ii), the administrative jurisdiction over the property or interest be transferred to the Commandant at no cost.
If the Commandant does not make a request under clause (ii) within a reasonable time period, all such rights of the Commandant to request transfer of administrative jurisdiction over the property or interest shall remain available to the Commandant with respect to future transfers or exchanges of the property or interest and shall bind all subsequent transferees.
The Commandant may accept, on behalf of the United States, any property or interest to be transferred to the United States under an agreement under subsection (b)(1).
For purposes of the acceptance of property or interests under an agreement under subsection (b)(1), the Commandant may accept an appraisal or title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) or section 3111 of title 40 if the Commandant finds that the appraisal or title documents substantially comply with the requirements of such sections and is reasonably accurate.
The Commandant may approve a cooperative agreement under subsection (b)(1) if the Commandant determines that—
the eligible entity has authority to carry out the project;
the project would be completed without unreasonable delay as determined by the Commandant; and
the project cannot be effectively completed without the cooperative agreement authority under subsection (b)(1).
The Commandant may require such additional terms and conditions in an agreement under subsection (b)(1) as the Commandant considers appropriate to protect the interests of the United States, in accordance with applicable Federal law.
The Commandant shall notify the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Indian Affairs of the Senate when the eligible entity is a Tribe, Tribal Organization or Native Hawaiian organization, and the Committee on Transportation and Infrastructure of the House of Representatives in writing not later than the date that is 3 full business days prior to any day on which the Commandant intends to enter into an agreement under subsection (b)(1), and include in such notification the anticipated costs of carrying out the agreement, to the extent practicable.
A copy of an agreement entered into under subsection (b)(1) shall be provided to any member of the Committee on Commerce, Science, and Transportation or the Committee on Homeland Security and Governmental Affairs of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives not later than 5 full business days after the date on which such request is submitted to the Commandant.
Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall consult with Indian Tribes to improve opportunities for Indian Tribe participation in the development and execution of Coast Guard oil spill response and prevention activities.
Nothing in this section may be construed to undermine the rights of any Indian Tribe to seek full and meaningful government-to-government consultation under this section or under any other law.
The analysis for chapter 7 of title 14, United States Code, is amended by inserting after the item relating to section 721 the following:
Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:
The Commandant may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter) of title 5, qualified candidates to any of the following positions in the competitive service (as defined in section 2102 of title 5) in the Coast Guard:
Any category of medical or health professional positions within the Coast Guard.
Any childcare services position.
Any position in the Coast Guard housing office of a Coast Guard installation, the primary function of which is supervision of Coast Guard housing covered by subchapter III of chapter 29 of this title.
Any nonclinical specialist position the purpose of which is the integrated primary prevention of harmful behavior, including suicide, sexual assault, harassment, domestic abuse, and child abuse.
Any special agent position of the Coast Guard Investigative Service.
The following positions at the Coast Guard Academy:
Any civilian faculty member appointed under section 1941.
A position involving the improvement of cadet health or well-being.
The Commandant shall only appoint qualified candidates under the authority provided by subsection (a) if the Commandant determines that there is a shortage of qualified candidates for the positions described in such subsection or a critical hiring need for such positions.
Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, and annually thereafter for the following 5 years, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written briefing which describes the use of the authority provided under this section on an annual basis, including the following:
The number of employees hired under the authority provided under this section within the year for which the briefing is provided.
The positions and grades for which employees were hired.
A justification for the Commandant’s determination that such positions involved a shortage of qualified candidates or a critical hiring need.
The number of employees who were hired under the authority provided under this section who have separated from the Coast Guard.
Steps the Coast Guard has taken to engage with the Office of Personnel Management under subpart B of part 337 of title 5, Code of Federal Regulations, for positions for which the Commandant determines a direct hire authority remains necessary.
The authority provided under subsection (a) shall expire on September 30, 2030.
The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item relating to 2516 the following:
Section 517(a) of title 10, United States Code, shall not apply with respect to the Coast Guard until October 1, 2027.
Section 3740(f) of title 14, United States Code, is amended by striking section 2117 and inserting sections 2115 and 2117.
Section 2512 of title 14, United States Code, is amended—
in the section heading by striking Leave and inserting Family leave;
in subsection (a)—
by striking , United States Code, and inserting or, with respect to the reserve component of the Coast Guard, the Secretary of Defense promulgates a new regulation for members of the reserve component of the Coast Guard pursuant to section 711 of title 10,;
by striking or adoption of a child and inserting or placement of a minor child with the member for adoption or long term foster care;
by striking and enlisted members and inserting , enlisted members, and members of the reserve component; and
by inserting or, with respect to members of the reserve component of the Coast Guard, the Secretary of Defense after provided by the Secretary of the Navy;
in subsection (b)—
in the subsection heading by striking adoption of child and inserting placement of minor child with member for adoption or long term foster care;
by striking and 704 and inserting , 704, and 711;
by striking and enlisted members and inserting , enlisted members, and members of the reserve component;
by striking or adoption inserting , adoption, or long term foster care;
by striking immediately;
by striking or adoption and inserting , placement of a minor child with the member for long-term foster care or adoption,; and
by striking enlisted member and inserting , enlisted member, or member of the reserve component;
by adding at the end the following:
The Secretary of the department in which the Coast Guard is operating, may authorize leave described under subparagraph (b) to be taken after the one-year period described in subparagraph (b) in the case of a member described in subsection (b) who, except for this subparagraph, would lose unused family leave at the end of the one-year period described in subparagraph (A) as a result of—
operational requirements;
professional military education obligations; or
other circumstances that the Secretary determines reasonable and appropriate.
The regulation, rule, policy, or memorandum prescribed under paragraph (a) shall require that any leave authorized to be taken after the one-year period described in subparagraph (c)(1)(A) shall be taken within a reasonable period of time, as determined by the Secretary of the department in which the Coast Guard is operating, after cessation of the circumstances warranting the extended deadline.
In this section, the term member of the reserve component of the Coast Guard means a member of the Coast Guard who is a member of—
the selected reserve who is entitled to compensation under section 206 of title 37; or
the individual ready reserve who is entitled to compensation 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.
The analysis for chapter 25 of title 14, United States Code, is amended by striking the item relating to section 2512 and inserting the following:
Section 206(a)(4) of title 37, United States Code, is amended by inserting before the period at the end or family leave under section 2512 of title 14.
Section 2708 of title 14, United States Code, is amended by adding at the end the following:
The Coast Guard may provide a cash allowance, in such amount as the Secretary shall determine by policy, to be paid to pregnant officer personnel for the purchase of maternity-related uniform items, if such uniform items are not so furnished to the member by the Coast Guard.
Subchapter III of chapter 29 of title 14, United States Code, is amended by adding at the end the following:
In lieu of constructing any family housing units authorized by law to be constructed, the Commandant may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Commandant may acquire less than sole interest in existing family housing units.
When authority provided by law to construct Coast Guard family housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land.
The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in section 2826 of title 10. The Commandant may waive the limitation set forth in the preceding sentence for family housing units acquired under this section during the five-year period beginning on the date of the enactment of this section.
In connection with a real property transaction referred to in subsection (b) with a non-Federal person or entity, the Commandant may accept amounts provided by the person or entity to cover administrative expenses incurred by the Commandant in entering into the transaction.
Subsection (a) applies to the following transactions involving real property under the control of the Commandant:
The exchange of real property.
The grant of an easement over, in, or upon real property of the United States.
The lease or license of real property of the United States.
The disposal of real property of the United States for which the Commandant will be the disposal agent.
The conveyance of real property under section 2945.
The analysis for chapter 29 of title 14, United States Code, is amended by adding at the end the following:
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of the recommendations contained in the report of the Government Accountability Office titled Coast Guard: Better Feedback Collection and Information Could Enhance Housing Program, and issued February 5, 2024 (GAO–24–106388).
Subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following:
Under policies issued by the Commandant, funds appropriated to the Coast Guard and available for morale, well-being, and recreation programs and the Coast Guard Exchange may be treated as nonappropriated funds and expended in accordance with laws applicable to the expenditure of nonappropriated funds. When made available for morale, well-being, and recreation programs and the Coast Guard Exchange under such policies, appropriated funds shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
Funds appropriated to the Coast Guard and subject to a policy described in subsection (a) shall only be available in amounts that are determined by the Commandant to be consistent with—
Coast Guard policy; and
Coast Guard readiness and resources.
Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall update the policies described in subsection (a) consistent with this section.
Not later than 30 days after the date on which the Commandant issues the updated policies required under subsection (c), the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on such policies.
The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 564 the following:
Not later than 270 days after the date of enactment of this Act, the Commandant, in coordination with the Assistant Commandant for Health, Safety, and Work Life, shall establish and conduct a pilot program, to be known as the Coast Guard Embedded Behavioral Health Technician Program (referred to in this section as the Pilot Program), to integrate behavioral health technicians serving at Coast Guard units for the purposes of—
facilitating, at the clinic level, the provision of integrated behavioral health care for members of the Coast Guard;
providing, as a force extender under the supervision of a licensed behavioral health care provider, at the clinic level—
psychological assessment and diagnostic services, as appropriate;
behavioral health services, as appropriate;
education and training related to promoting positive behavioral health and well-being; and
information and resources, including expedited referrals, to assist members of the Coast Guard in dealing with behavioral health concerns;
improving resilience and mental health care among members of the Coast Guard who respond to extraordinary calls of duty, with the ultimate goals of preventing crises and addressing mental health concerns before such concerns evolve into more complex issues that require care at a military treatment facility;
increasing—
the number of such members served by behavioral health technicians; and
the proportion of such members returning to duty after seeking behavioral health care; and
positively impacting the Coast Guard in a cost-effective manner by extending behavioral health services to the workforce and improving access to care.
Not later than 120 days after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing regarding a plan to establish and conduct the Pilot Program.
The Commandant shall select, for participation in the Pilot Program, 3 or more Coast Guard clinics that support units that have significantly high operational tempos or other force resiliency risks, as determined by the Commandant.
Under the Pilot Program, a Coast Guard health services technician with a grade of E–5 or higher, or an assigned civilian behavioral health specialist, shall be—
assigned to each selected Coast Guard clinic; and
located at a unit with high operational tempo.
Before commencing an assignment at a Coast Guard clinic under paragraph (1), a Coast Guard health services technician shall complete behavioral health technician training and independent duty health services training.
To qualify for an assignment at a Coast Guard clinic under paragraph (1), a civilian behavioral health specialist shall have at least the equivalent behavioral health training as the training required for a Coast Guard behavioral health technician under subparagraph (A).
The Commandant, in coordination with the Assistant Commandant for Health, Safety, and Work Life, shall administer the Pilot Program through the Health, Safety, and Work-Life Service Center.
The Commandant shall collect and analyze data concerning the Pilot Program for purposes of—
developing and sharing best practices for improving access to behavioral health care; and
providing information to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the implementation of the Pilot Program and related policy issues.
Not later than 270 days after the date of enactment of this Act, the Commandant 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 plan for carrying out paragraph (1).
Not later than September 1 of each year until the date on which the Pilot Program terminates under subsection (g), the Commandant 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 on the Pilot Program that includes the following:
An overview of the implementation of the Pilot Program at each applicable Coast Guard clinic, including—
the number of members of the Coast Guard who received services on site by a behavioral health technician assigned to such clinic;
feedback from all members of the Coast Guard empaneled for their medical care under the Pilot Program;
an assessment of the deployability and overall readiness of members of the applicable operational unit; and
an estimate of potential costs and impacts on other Coast Guard health care services of supporting the Pilot Program at such units and clinics.
The data and analysis required under subsection (e)(1).
A list and detailed description of lessons learned from the Pilot Program as of the date of on which the report is submitted.
The feasibility, estimated cost, and impacts on other Coast Guard health care services of expanding the Pilot Program to all Coast Guard clinics, and a description of the personnel, fiscal, and administrative resources that would be needed for such an expansion.
The Pilot Program shall terminate on September 30, 2028.
Not later than 180 days after the date of enactment of this Act, the Commandant shall hire, train, and deploy not fewer than 5 additional behavioral health specialists, in addition to the personnel required under section 11412(a) of the Don Young Coast Guard Authorization Act of 2022 (14 U.S.C. 504 note).
The Commandant shall ensure that not fewer than 35 percent of behavioral health specialists required to be deployed under subsection (a) have experience in—
behavioral health care related to military sexual trauma; and
behavioral health care for the purpose of supporting members of the Coast Guard with needs for mental health care and counseling services for post-traumatic stress disorder and co-occurring disorders related to military sexual trauma.
The support provided by the behavioral health specialists hired pursuant to subsection (a)—
may include care delivered via telemedicine; and
shall be made widely available to members of the Coast Guard.
Not later than 180 days after the date of enactment of this Act, the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives if the Coast Guard has not completed hiring, training, and deploying—
the personnel referred to in subsections (a) and (b); and
the personnel required under section 11412(a) of the Don Young Coast Guard Authorization Act of 2022 (14 U.S.C. 504 note).
The notification required under paragraph (1) shall include—
the date of publication of the hiring opportunity for all such personnel;
the General Schedule grade level advertised in the publication of the hiring opportunity for all such personnel;
the number of personnel to whom the Coast Guard extended an offer of employment in accordance with the requirements of this section and section 11412(a) of the Don Young Coast Guard Authorization Act of 2022 (14 U.S.C. 504 note), and the number of such personnel who accepted or declined such offer of employment;
a summary of the efforts by the Coast Guard to publicize, advertise, or otherwise recruit qualified candidates in accordance with the requirements of this section and section 11412(a) of such Act; and
any recommendations and a detailed plan to ensure full compliance with the requirements of this section and section 11412(a) of such Act, which may include special payments discussed in the report of the Government Accountability Office titled Federal Pay: Opportunities Exist to Enhance Strategic Use of Special Payments, published on December 7, 2017 (GAO–18–91), which may be made available to help ensure full compliance with all such requirements in a timely manner.
On request by a member of the Coast Guard assigned to Unalaska, Alaska, the Commandant shall grant command sponsorship to the dependents of such member.
The Commandant shall implement a policy that provides for reimbursement to eligible members of the Coast Guard for the cost of airfare for such members to travel to the homes of record of such member during the period specified in subsection (e).
A member of the Coast Guard is eligible for a reimbursement under subsection (a) if—
the member is assigned to a duty location in Alaska; and
an officer in a grade above O–5 in the chain of command of the member authorizes the travel of the member.
The time during which an eligible member is absent from duty for travel reimbursable under subsection (a) shall be treated as leave for purposes of section 704 of title 10, United States Code.
Not later than February 1, 2027, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on—
the use and effectiveness of reimbursements under subsection (a);
the calculation and use of the cost of living allowance for a member assigned to a duty location in Alaska; and
the use of special pays and other allowances as incentives for cold weather proficiency or duty locations.
The period specified in this subsection is the period—
beginning on the date of enactment of this Act; and
ending on the later of—
December 31, 2026; or
the date on which the authority under section 352 of title 37, United States Code, to grant assignment or special duty pay to members of the uniform services terminates under subsection (g) of such section.
Section 3710 of title 14, United States Code, is amended to read as follows:
There is authorized within the Coast Guard a college student precommissioning initiative program (in this section referred to as the Program) for eligible undergraduate students to enlist in the Coast Guard Reserve and receive a commission as a Reserve officer.
To be eligible for the Program an applicant shall meet the following requirements upon submitting an application:
The applicant shall be not less than 19 years old and not more than 31 years old as of September 30 of the fiscal year in which the Program selection panel selecting such applicant convenes, or an age otherwise determined by the Commandant.
The applicant shall be of outstanding moral character and meet any other character requirement set forth by the Commandant.
Any applicant serving in the Coast Guard may not be commissioned if in the 36 months prior to the first Officer Candidate School class convening date in the selection cycle, such applicant was convicted by a court-martial or assigned nonjudicial punishment, or did not meet performance or character requirements set forth by the Commandant.
The applicant shall be a United States citizen.
The applicant shall be eligible for a secret clearance.
The applicant shall be enrolled in a college degree program at—
an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a));
an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that, at the time of the application has had for 3 consecutive years an enrollment of undergraduate full-time equivalent students (as defined in section 312(e) of such Act (20 U.S.C. 1058(e))) that is a total of at least 50 percent Black American, Hispanic American, Asian American (as defined in section 371(c) of such Act (20 U.S.C. 1067q(c))), Native American Pacific Islander (as defined in such section), or Native American (as defined in such section), among other criteria, as determined by the Commandant; or
an institution that meets the eligibility requirements for funding as a rural-serving institution of higher education under section 861 of the Higher Education Act of 1965 (20 U.S.C. 1161q).
The institution at which the applicant is an undergraduate shall be within 100 miles of a Coast Guard unit or Coast Guard Recruiting Office unless otherwise approved by the Commandant.
The applicant shall meet credit and grade point average requirements set forth by the Commandant.
The applicant shall meet other medical and administrative requirements as set forth by the Commandant.
The Commandant may provide financial assistance to enlisted members of the Coast Guard Reserve on active duty participating in the Program, for expenses of the enlisted member while the enlisted member is enrolled, on a full-time basis, in a college degree program approved by the Commandant at a college, university, or institution of higher education described in subsection (b)(5) that leads to—
a baccalaureate degree in not more than 5 academic years; or
a post-baccalaureate degree.
To be eligible for financial assistance under this section, an enlisted member of the Coast Guard Reserve shall enter into a written agreement with the Coast Guard that notifies the Reserve enlisted member of the obligations of that member under this section, and in which the member agrees to the following:
The member shall complete an approved college degree program at a college, university, or institution of higher education described in subsection (b)(5).
The member shall satisfactorily complete all required Coast Guard training and participate in monthly military activities of the Program as required by the Commandant.
Upon graduation from the college, university, or institution of higher education described in subsection (b)(5), the member shall—
accept an appointment, if tendered, as a commissioned officer in the Coast Guard Reserve; and
serve a period of obligated active duty for a minimum of 3 years immediately after such appointment as follows:
Members participating in the Program shall be obligated to serve on active duty 3 months for each month of instruction for which they receive financial assistance pursuant to this section for the first 12 months and 1 month for each month thereafter, or 3 years, whichever is greater.
The period of obligated active duty service incurred while participating in the Program shall be in addition to any other obligated service a member may incur due to receiving other bonuses or other benefits as part of any other Coast Guard program.
If an appointment described in clause (i) is not tendered, the member will remain in the Reserve component until completion of the member’s enlisted service obligation.
The member shall agree to perform such duties or complete such terms under the conditions of service specified by the Coast Guard.
Expenses for which financial assistance may be provided under this section are the following:
Tuition and fees charged by the college, university, or institution of higher education at which a member is enrolled on a full-time basis.
The cost of books.
In the case of a program of education leading to a baccalaureate degree, laboratory expenses.
Such other expenses as the Commandant considers appropriate, which may not exceed $25,000 for any academic year.
Financial assistance may be provided to a member under this section for up to 5 consecutive academic years.
The Secretary may retain in the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed 4 years), a member who breaches an agreement under paragraph (2). The period of time for which a member is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10.
A member who is retained in the Coast Guard Reserve under subparagraph (A) shall be retained in an appropriate enlisted grade or rating, as determined by the Commandant.
A member who does not fulfill the terms of the obligation to serve as specified under paragraph (2), or the alternative obligation imposed under paragraph (5), shall be subject to the repayment provisions of section 303a(e) of title 37.
Not later than August 15 of each year following the date of the enactment of the Coast Guard Authorization Act of 2025, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the Program.
The briefing required under paragraph (1) shall describe—
outreach and recruitment efforts over the previous year; and
demographic information of enrollees, including—
race;
ethnicity;
gender;
geographic origin; and
educational institution.
Section 2131 of title 14, United States Code, is repealed.
The analysis for chapter 21 of title 14, United States Code, is amended by striking the item relating to section 2131.
The analysis for chapter 37 of title 14, United States Code, is amended by striking the item relating to section 3710 and inserting the following:
Not later than 120 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, shall establish a tuition assistance pilot program for active-duty members of the Coast Guard, to be known as the Tuition Assistance and Advanced Education Assistance Pilot Program for Sea Duty (referred to in this section as the pilot program).
A member of the Coast Guard participating in the pilot program shall enter into a formal agreement with the Secretary of the department in which the Coast Guard is operating that provides that, upon the successful completion of a sea duty tour by such member, the Secretary of the department in which the Coast Guard is operating shall, for a period equal to the length of the sea duty tour, beginning on the date on which the sea duty tour concludes—
reduce by 1 year the service obligation incurred by such member as a result of participation in the advanced education assistance program under section 2005 of title 10, United States Code, or the tuition assistance program under section 2007 of such title; and
increase the tuition assistance cost cap for such member to not more than double the amount of the standard tuition assistance cost cap set by the Commandant for the applicable fiscal year.
Not later than 1 year after the date on which the pilot program is established, and annually thereafter through the date on which the pilot program is terminated under subsection (d), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
evaluates and compares—
the Coast Guard’s retention, recruitment, and filling of sea duty billets for all members of the Coast Guard; and
the Coast Guard’s retention, recruitment, and filling of sea duty billets for all members of the Coast Guard participating in the pilot program;
includes the number of participants in the pilot program as of the date of the report, disaggregated by officer and enlisted billet type; and
assesses the progress made by such participants in their respective voluntary education programs, in accordance with their degree plans, during the period described in subsection (b).
The pilot program shall terminate on the date that is 6 years after the date on which the pilot program is established.
Section 2514 of title 14, United States Code, is amended—
in subsection (c)(3) by striking 2 months and inserting 30 days; and
in subsection (h)—
in paragraph (1) by striking and at the end;
in paragraph (2) by striking the period and inserting a semicolon; and
by adding at the end the following:
the entitlement of the member and of the survivors of the member to all death benefits under subchapter II of chapter 75 of title 10;
the provision of all travel and transportation allowances to family members of a deceased member to attend the repatriation, burial, or memorial ceremony of a deceased member as provided in section 453(f) of title 37;
the eligibility of the member for general benefits as provided in part II of title 38; and
in the case of a victim of an alleged sex-related offense (as such term is defined in section 1044e(h) of title 10) to the maximum extent practicable, maintaining access to—
Coast Guard behavioral health resources;
sexual assault prevention and response resources and programs of the Coast Guard; and
Coast Guard legal resources, including, to the extent practicable, special victims’ counsel.
The Commandant shall identify locations to be considered remote locations for purposes of this section, which shall include, at a minimum, each Coast Guard fire station located in an area in which members of the Coast Guard and the dependents of such members are eligible for the TRICARE Prime Remote program.
To ensure uninterrupted operations by civilian firefighters employed by the Coast Guard in remote locations, the Commandant shall establish an incentive program for such firefighters consisting of—
recruitment and relocation bonuses consistent with section 5753 of title 5, United States Code; and
retention bonuses consistent with section 5754 of title 5, United States Code.
The Commandant, in coordination with the Director of the Office of Personnel and Management, shall establish eligibility criteria for the incentive program established under paragraph (1), which shall include a requirement that a firefighter described in paragraph (1) may only be eligible for the incentive program under this section if, with respect to the applicable remote location, the Commandant has made a determination that incentives are appropriate to address an identified recruitment, retention, or relocation need.
Not less frequently than annually for the 5-year period beginning on the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
details the use and effectiveness of the incentive program established under this section; and
includes—
the number of participants in the incentive program;
a description of the distribution of incentives under such program; and
a description of the impact of such program on civilian firefighter recruitment and retention by the Coast Guard in remote locations.
Chapter 3 of title 14, United States Code, is amended by—
transferring section 316 to appear after section 323 and redesignating such section as section 324; and
inserting after section 315 the following:
The Commandant, and such other individuals and organizations as the Commandant considers appropriate, shall develop a training course on the workings of Congress and offer such training course at least once each year.
The training course required by this section shall provide an overview and introduction to Congress and the Federal legislative process, including—
the history and structure of Congress and the committee systems of the House of Representatives and the Senate, including the functions and responsibilities of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate;
the documents produced by Congress, including bills, resolutions, committee reports, and conference reports, and the purposes and functions of such documents;
the legislative processes and rules of the House of Representatives and the Senate, including similarities and differences between the 2 processes and 2 sets of rules, including—
the congressional budget process;
the congressional authorization and appropriation processes;
the Senate advice and consent process for Presidential nominees; and
the Senate advice and consent process for treaty ratification;
the roles of Members of Congress and congressional staff in the legislative process; and
the concept and underlying purposes of congressional oversight within the governance framework of separation of powers.
The Commandant shall ensure that not less than 60 percent of the lecturers, panelists, and other individuals providing education and instruction as part of the training course required under this section are experts on Congress and the Federal legislative process who are not employed by the executive branch of the Federal Government.
In satisfying the requirement under paragraph (1), the Commandant shall seek, and may accept, educational and instructional services of lecturers, panelists, and other individuals and organizations provided to the Coast Guard on a pro bono basis.
The training required by this section shall replace the substantially similar training that was required by the Commandant on the day before the date of the enactment of this section.
A Coast Guard flag officer or a Coast Guard Senior Executive Service employee who, not more than 3 years before the date of the enactment of this section, completed the training that was required by the Commandant on the day before such date of enactment, shall not be required to complete the training required by this section.
The analysis for chapter 3 of title 14, United States Code, is amended—
by striking the item relating to section 316 and inserting after the item relating to section 323 the following:
by inserting after the item relating to section 315 the following:
Section 324 of title 14, United States Code, as transferred and redesignated by subsection (a), is amended—
in subsection (b)—
in paragraph (1) by striking The Secretary and inserting Except as provided in paragraph (2), the Secretary; and
in paragraph (2) by striking on the engineering and design of a Museum. and inserting on—
the design of the Museum; and
engineering, construction administration, and quality assurance services for the Museum.
in subsection (e), by amending paragraph (2)(A) to read as follows:
for the purpose of conducting Coast Guard operations, lease from the Association—
the Museum; and
any property owned by the Association that is adjacent to the railroad tracks that are adjacent to the property on which the Museum is located; and
by amending subsection (g) to read as follows:
With respect to the services related to the construction, maintenance, and operation of the Museum, the Commandant may, from nonprofits entities including the Association,—
solicit and accept services; and
enter into contracts or memoranda of agreement to acquire such services.
Section 305(a)(1) of title 14, United States Code, is amended—
in the matter preceding subparagraph (A) by striking may and inserting shall; and
in subparagraph (A)(ii) by striking be the Chief of Staff of the Coast Guard and inserting oversee personnel management, workforce and dependent support, training, and related matters.
Chapter 3 of title 14, United States Code, is further amended by redesignating sections 312 through 324 as sections 314 through 326, respectively.
The analysis for chapter 3 of title 14, United States Code, is further amended by redesignating the items relating to sections 312 through 324 as relating to sections 314 through 326, respectively.
Chapter 3 of title 14, United States Code, is further amended by inserting after section 311 the following:
There shall be in the Coast Guard a Commandant Advisory Judge Advocate who is a judge advocate in a grade of O–6. The Commandant Advisory Judge Advocate shall be assigned to the staff of the Commandant in the first regularly scheduled O–6 officer assignment panel to convene following the date of the enactment of the Coast Guard Authorization Act of 2025 and perform such duties relating to legal matters arising in the Coast Guard as such legal matters relate to the Commandant, as may be assigned.
The analysis for chapter 3 of title 14, United States Code, is further amended by inserting after the item relating to section 311 the following item:
Chapter 3 of title 14, United States Code, is amended by inserting after section 312 the following:
In accordance with Federal trust responsibilities and treaty obligations, laws, and policies relevant to Indian Tribes and in support of the principles of self-determination, self-governance, and co-management with respect to Indian Tribes, and to support engagement with Native Hawaiians, there shall be in the Coast Guard a Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs (in this section referred to as the Special Advisor), who shall—
be selected by the Secretary and the Commandant through a competitive search process;
have expertise in Federal Indian law and policy, including government-to-government consultation;
to the maximum extent practicable, have expertise in legal and policy issues affecting Native Hawaiians; and
have an established record of distinguished service and achievement working with Indian Tribes, Tribal organizations, and Native Hawaiian organizations.
The position of Special Advisor shall be a career reserved position at the GS–15 level or greater.
The Special Advisor shall—
ensure the Federal government upholds the Federal trust responsibility and conducts consistent, meaningful, and timely government-to-government consultation and engagement with Indian Tribes, which shall meet or exceed the standards of the Federal Government and the Coast Guard;
ensure meaningful and timely engagement with—
Native Hawaiian organizations; and
Tribal organizations;
advise the Commandant on all policies of the Coast Guard that have Tribal implications in accordance with applicable law and policy, including Executive Orders;
work to ensure that the policies of the Federal Government regarding consultation and engagement with Indian Tribes and engagement with Native Hawaiian organizations and Tribal organizations are implemented in a meaningful manner, working through Coast Guard leadership and across the Coast Guard, together with—
liaisons located within Coast Guard districts;
the Director of Coast Guard Governmental and Public Affairs; and
other Coast Guard leadership and programs and other Federal partners; and
support Indian Tribes, Native Hawaiian organizations, and Tribal organizations in all matters under the jurisdiction of the Coast Guard.
No officer or employee of the Coast Guard or the Department of Homeland Security may interfere with the ability of the Special Advisor to give direct and independent advice to the Secretary and the Commandant on matters related to this section.
In this section:
The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
The analysis for chapter 3 of title 14, United States Code, is amended by inserting after the item relating to section 312 the following:
Not later than 120 days after the date of enactment of this Act, the Commandant shall brief the Committee on Commerce, Science, and Transportation and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the manner in which the Special Advisor for Tribal and Native Hawaiian Affairs will be incorporated into the governance structure of the Coast Guard, including a timeline for the incorporation that is completed not later than 1 year after date of enactment of this Act.
Not later than 1 year after the date of the establishment of the position of the Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs under section 313 of title 14, United States Code, and annually thereafter for 2 years, the Commandant shall provide the Committee on Commerce, Science, and Technology and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the duties, responsibilities, and actions of the Special Advisor to the Commandant for Tribal and Native Hawaiian Affairs, including management of best practices.
Not later than 1 year after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Technology and the Committee on Indian Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on potential collaborations on and research and use of indigenous place-based knowledge and research.
In providing the briefing under subparagraph (A), the Commandant shall identify current and potential future opportunities to improve coordination with Indian Tribes, Native Hawaiian organizations, and Tribal organizations to support—
Coast Guard mission needs, such as the potential for research or knowledge to enhance maritime domain awareness, including opportunities through the ADAC–ARCTIC Center of Excellence of the Department of Homeland Security; and
Coast Guard efforts to protect indigenous place-based knowledge and research.
In this subsection:
The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Nothing in this section, or an amendment made by this section, shall be construed to impact—
the right of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); or
any government-to-government consultation.
Section 11237 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is amended—
in subsection (a), by striking section 312 of title 14 and inserting section 315 of title 14; and
in subsection (b)(2)(A), by striking section 312 of title 14 and inserting section 315 of title 14.
Section 807(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking section 313 of title 14 and inserting section 316 of title 14.
Section 3533(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended by striking section 315 of title 14 and inserting section 318 of title 14.
Section 311(j)(9)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(9)(D)) is amended by striking section 323 of title 14 each place it appears and inserting section 325 of title 14 each such place.
The Commandant shall provide to the appropriate committees of Congress notification as described in subsection (b)—
not later than the date that is 10 days before the final day of each fiscal year; or
in the case of a continuing resolution that, for a period of more than 10 days, provides appropriated funds in lieu of an appropriations Act, not later than the date that is 10 days before the final day of the period that such continuing resolution covers.
Notification under subsection (a) shall include—
the status of funding for the Coast Guard during the subsequent fiscal year or at the end of the continuing resolution if other appropriations measures are not enacted, as applicable;
the status of the Coast Guard as a component of the Armed Forces;
the number of members currently serving overseas and otherwise supporting missions related to title 10, United States Code;
the fact that members of the Armed Forces have service requirements unlike those of other Federal employees, which require them to continue to serve even if unpaid;
the impacts of historical shutdowns of the Federal Government on members of the Coast Guard; and
other relevant matters, as determined by the Commandant.
In this section, the term appropriate committees of Congress means—
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on Armed Services of the Senate;
the Committee on Transportation and Infrastructure of the House of Representatives; and
the Committee on Armed Services of the House of Representatives.
Section 1903 of title 14, United States Code, is amended to read as follows:
The Commandant shall establish a Board of Visitors to the Coast Guard Academy to review and make recommendations on the operation of the Academy.
The membership of the Board shall consist of the following:
The chairperson of the Committee on Commerce, Science, and Transportation of the Senate, or a member of such Committee designated by such chairperson.
The chairperson of the Committee on Transportation and Infrastructure of the House of Representatives, or a member of such Committee designated by such chairperson.
3 Senators appointed by the Vice President.
4 Members of the House of Representatives appointed by the Speaker of the House of Representatives.
2 Senators appointed by the Vice President, each of whom shall be selected from among members of the Committee on Appropriations of the Senate.
2 Members of the House of Representatives appointed by the Speaker of the House of Representatives, each of whom shall be selected from among members of the Committee on Appropriations of the House of Representatives.
6 individuals designated by the President.
If any member of the Board described in paragraph (1)(C) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Commerce, Science, and Transportation of the Senate with jurisdiction over the authorization of appropriations of the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
If any member of the Board described in paragraph (1)(D) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Transportation and Infrastructure of the House of Representatives with jurisdiction over the authorization of appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
If any member of the Board described in paragraph (1)(E) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Appropriations of the Senate with jurisdiction over appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
If any member of the Board described in paragraph (1)(F) is not appointed by the date that is 180 days after the date on which the first session of each Congress convenes, the chair and ranking member of the subcommittee of the Committee on Appropriations of the House of Representatives with jurisdiction over appropriations for the Coast Guard shall be members of the Board until the date on which the second session of such Congress adjourns sine die.
On a biennial basis and subject to paragraph (4), the Board shall select from among the members of the Board a Member of Congress to serve as the Chair of the Board.
A Member of the House of Representatives and a Member of the Senate shall alternately be selected as the Chair of the Board.
An individual may not serve as Chairperson of the Board for consecutive terms.
A Member of Congress designated as a member of the Board under paragraph (1) shall be designated as a member in the first session of the applicable Congress and shall serve for the duration of such Congress.
Each individual designated by the President under paragraph (1)(G) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed by the President.
If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion of the term of the member by the official who designated the member.
The Commandant shall invite each member of the Board, and any designee of a member of the Board, to visit the Coast Guard Academy at least once annually to review the operation of the Academy.
With the approval of the Secretary, the Board or any members of the Board in connection with the duties of the Board may—
make visits to the Academy in addition to the visits described in subparagraph (A); or
consult with—
the Superintendent of the Academy; or
the faculty, staff, or cadets of the Academy.
The Commandant shall ensure that the Board or any members of the Board who visits the Academy under this paragraph is provided reasonable access to the grounds, facilities, cadets, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board.
In conducting oversight of the Academy under this section, the Board shall review, with respect to the Academy—
the state of morale and discipline, including with respect to prevention of, response to, and recovery from sexual assault and sexual harassment;
recruitment and retention, including diversity, inclusion, and issues regarding women specifically;
the curriculum;
instruction;
physical equipment, including infrastructure, living quarters, and deferred maintenance;
fiscal affairs; and
any other matter relating to the Academy the Board considers appropriate.
Not less frequently than annually, the Board shall meet at a location chosen by the Commandant, in consultation with the Board, to conduct the review required by subsection (c)(2).
The Federal officer designated under subsection (f)(1)(B) shall organize a meeting of the Board for the purposes of—
selecting a Chairperson of the Board under subsection (b)(3);
adopting an official charter for the Board, which shall establish the schedule of meetings of the Board; and
any other matter such designated Federal officer or the Board considers appropriate.
In scheduling a meeting of the Board, such designated Federal officer shall coordinate, to the greatest extent practicable, with the members of the Board to determine the date and time of the meeting.
Not less than 30 days before each scheduled meeting of the Board, such designated Federal officer shall notify each member of the Board of the time, date, and location of the meeting.
The chairperson and the ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairperson and the ranking member of the Committee on Transportation and Infrastructure of the House of Representatives may each designate 1 staff member of each such Committees.
Staff designated under subparagraph (A)—
may attend and participate in visits and carry out consultations described under subsection (c)(1) and attend and participate in meetings described under paragraph (1); and
may not otherwise carry out duties or take actions reserved to members of the Board under this section.
If approved by the Secretary, the Board may consult with advisors in carrying out the duties of the Board under this section.
Not later than 60 days after the date on which the Board conducts a meeting of the Board under paragraph (1), the Deputy Commandant for Mission Support, in consultation with the Board, shall submit a report on the actions of the Board during the meeting and the recommendations of the Board pertaining to the Academy to—
the Secretary;
the Committee on Commerce, Science, and Transportation 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 Representatives.
Each report submitted under this paragraph shall be published on a publicly accessible website of the Coast Guard.
The Commandant and the Superintendent of the Academy shall ensure candid and complete disclosure to the Board, consistent with applicable laws relating to disclosure of information, with respect to—
each issue described in subsection (c)(2); and
any other issue the Board or the Commandant considers appropriate.
The Commandant shall—
provide support to the Board, as Board considers necessary for the performance of the duties of the Board;
designate a Federal officer to support the performance of the duties of the Board; and
in cooperation with the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information.
Each member of the Board and each advisor consulted by the Board under subsection (d)(3) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or advisor.
Not later than 30 days after the date on which the first session of each Congress convenes, the Commandant shall provide to the chairperson and ranking member of the Committee on Commerce, Science, and Transportation of the Senate and the chairperson and ranking member of the Committee on Transportation and Infrastructure of the House of Representatives, and the President notification of the requirements of this section.
Not later than 30 days after the date of enactment of this Act, the Commandant, shall enter into an agreement with a federally funded research and development center with relevant expertise under which such center shall conduct an assessment of the oversight and governance of the Coast Guard Academy, including—
examining the—
authorities regarding Coast Guard and Departmental oversight of the Coast Guard Academy, including considerations of how these may impact accreditation review at the academy;
roles and responsibilities of the Board of Trustees of such Academy;
Coast Guard roles and responsibilities with respect to management and facilitation of the Board of Trustees of such Academy;
advisory functions of the Board of Trustees of such Academy; and
membership of the Board of Trustees for the 10-year period preceding the date of the enactment of this Act, to include expertise, objectiveness, and effectiveness in conducting oversight of such Academy; and
an analysis of the involvement of the Board of Trustees during the Operation Fouled Anchor investigation, including to what extent the Board members were informed, involved, or made decisions regarding the governance of the academy based on that investigation.
Not later than 1 year after the date on which the Commandant enters into an agreement under subsection (a), the federally funded research and development center selected under such subsection shall submit to the Secretary of the department in which the Coast Guard is operating, the Commandant, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains—
the results of the assessment required under subsection (a); and
recommendations to improve governance of the Coast Guard Academy and the Board of Trustees.
Not later than 2 years after the date of enactment of this Act, the Commandant, in consultation with the Superintendent of the Coast Guard Academy (referred to in this section as the Superintendent), shall—
install an electronic locking mechanism for each room at the Coast Guard Academy within which 1 or more Coast Guard Academy cadets reside overnight;
test each such mechanism not less than once every 6 months for proper function and maintained in proper working order; and
use a system that electronically records the date, time, and identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, which shall be maintained in accordance with the general schedule for records retention, or a period of five years, whichever is later.
Each electronic locking mechanism described in subsection (a) shall be coded in a manner that provides access to a room described in such subsection only to—
the 1 or more cadets assigned to the room; and
such Coast Guard Academy officers, administrators, staff, or security personnel, including personnel of the Coast Guard Investigative Service, as are necessary to access the room in the event of an emergency.
Not later than 30 days after the date of enactment of this Act, the Superintendent shall ensure that electronic locking mechanisms installed in academic buildings of the Coast Guard Academy, Chase Hall common spaces, and in any other location at the Coast Guard Academy are maintained in proper working order.
Not later than 1 year after the date of enactment of this Act, the Superintendent shall promulgate a policy regarding cadet room security policies and procedures, which shall include, at a minimum—
a prohibition on sharing with any other cadet, employee, or other individual electronic access tokens, codes, cards, or other electronic means of accessing a cadet room;
procedures for resetting electronic locking mechanisms in the event of a lost, stolen, or otherwise compromised electronic access token, code, card, or other electronic means of accessing a cadet room;
procedures to maintain the identity of each individual who accesses a cadet room using an electronic access token, code, card, or other electronic means, while ensuring the security of personally identifiable information and protecting the privacy of any such individual, as appropriate;
procedures by which cadets may report to the chain of command the malfunction of an electronic locking mechanism; and
a schedule of testing to ensure the proper functioning of electronic locking mechanisms.
The Superintendent shall ensure that each Coast Guard Academy cadet receives, not later than 1 day after the date of the initial arrival of the cadet at the Coast Guard Academy, an initial training session, and any other training the Superintendent considers necessary, on—
the use of electronic locking mechanisms installed under this section; and
the policy promulgated under subsection (c).
Subchapter I of Chapter 19 of title 14, United States Code, is amended by adding at the end the following:
The Commandant shall establish within the Coast Guard Academy an advisory board to be known as the Coast Guard Academy Student and Women Advisory Board (in this section referred to as the Advisory Board).
The Advisory Board shall be composed of not fewer than 12 cadets of the Coast Guard Academy who are enrolled at the Coast Guard Academy at the time of appointment, including not fewer than 3 cadets from each class.
Cadets shall be appointed to the Advisory Board by the Provost, in consultation with the Superintendent of the Coast Guard Academy.
Cadets who are eligible for appointment to the Advisory Board shall submit an application for appointment to the Provost of the Coast Guard Academy, or a designee of the Provost, for consideration.
The Provost shall select eligible applicants who—
are best suited to fulfill the duties described in subsection (g); and
best represent the student body makeup at the Coast Guard Academy.
Appointments shall be made not later than 60 days after the date of the swearing in of a new class of cadets at the Coast Guard Academy.
The term of membership of a cadet on the Advisory Board shall be 1 academic year.
The Advisory Board shall meet in person with the Superintendent not less frequently than twice each academic year to discuss the activities of the Advisory Board.
The Advisory Board shall—
identify challenges facing Coast Guard Academy cadets, including cadets who are women, relating to—
health and wellbeing;
cadet perspectives and information with respect to sexual assault, sexual harassment and sexual violence prevention, response, and recovery at the Coast Guard Academy;
the culture of, and leadership development and access to health care for, cadets at the Academy who are women; and
any other matter the Advisory Board considers important;
discuss and propose possible solutions to such challenges, including improvements to leadership development at the Coast Guard Academy; and
periodically review the efficacy of Coast Guard Academy academic, wellness, and other relevant programs and provide recommendations to the Commandant for improvement of such programs.
The Advisory Board shall establish 2 working groups of which—
1 working group shall be composed, at least in part, of Coast Guard Academy cadets who are not current members of the Advisory Board and members of the Cadets Against Sexual Assault, or any similar successor organization, to assist the Advisory Board in carrying out its duties under subsection (g)(1)(B); and
1 working group shall be composed, at least in part, of Coast Guard Academy cadets who are not current members of the Advisory Board to assist the Advisory Board in carrying out its duties under subsection (g)(1)(C).
The Advisory Board may establish such other working groups (which may be composed, at least in part, of Coast Guard Academy cadets who are not current members of the Advisory Board) as the Advisory Board finds to be necessary to carry out the Board’s duties other than the duties in subparagraphs (B) and (C) of subsection (g)(1).
The Advisory Board shall regularly submit a report or provide a briefing to the Commandant and the Superintendent on the results of the activities carried out in furtherance of the duties of the Advisory Board under subsection (g), including recommendations for actions to be taken based on such results, not less than once per academic semester.
The Advisory Board shall transmit to the Commandant, through the Provost and the Superintendent an annual report at the conclusion of the academic year, containing the information and materials that were presented to the Commandant or Superintendent, or both, during the regularly occurring briefings under paragraph (1).
The Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives any report or other materials provided to the Commandant and Superintendent under paragraph (1) and any other information related to the Advisory requested by the Committees.
The analysis for chapter 19 of title 14, United States Code, is amended by inserting after the item relating to section 1906 the following:
Not later than 120 days after the date of enactment of this Act, the Commandant, 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 on existing behavioral health and wellness support services facilities at the Coast Guard Academy in which Coast Guard Academy cadets and officer candidates, respectively, may receive timely and independent behavioral health and wellness support services, including via telemedicine.
The report required under paragraph (1) shall include—
an identification of each building at the Coast Guard Academy that contains a dormitory or other overnight accommodations for cadets or officer candidates; and
an identification of additional behavioral health or wellness support services that would be beneficial to cadets and officer candidates, such as additional facilities with secure access to telemedicine;
a description of the benefits that such services would provide to cadets and officer candidates, particularly to cadets and officer candidates who have experienced sexual assault or sexual harassment; and
a description of the resources necessary to provide such services.
The Commandant shall ensure that, in each building at the Coast Guard Academy that contains a dormitory or other overnight accommodations for cadets or officer candidates, written information is posted in a visible location with respect to—
the methods and means by which a cadet or officer candidate may report a crime, including harassment, sexual assault, sexual harassment, and any other offense;
the contact information for the Coast Guard Investigative Service;
external resources for—
wellness support;
work-life;
medical services; and
support relating to behavioral health, civil rights, sexual assault, and sexual harassment; and
cadet and officer candidate rights with respect to reporting incidents to the Coast Guard Investigative Service, civilian authorities, the Office of the Inspector General of the department in which the Coast Guard is operating, and any other applicable entity.
Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall install or construct at the Coast Guard Academy 2 rooms to be used for the purpose of supporting cadet and officer candidate behavioral health and wellness.
Each room installed or constructed under this section—
shall be—
equipped—
in a manner that ensures the protection of the privacy of cadets and officer candidates, consistent with law and policy;
with a telephone and computer to allow for the provision of behavioral health and wellness support or other services; and
with an accessible and private wireless internet connection for the use of personal communications devices at the discretion of the cadet or officer candidate concerned; and
to the extent practicable and consistent with good order and discipline, accessible to cadets and officer candidates at all times; and
shall contain the written information described in section 5176, which shall be posted in a visible location.
Section 1902 of title 14, United States Code, is amended by adding at the end the following:
Coast Guard Academy cadets may request room reassignment if experiencing discomfort due to Coast Guard Academy rooming assignments, consistent with policy.
Subchapter I of chapter 19 of title 14, United States Code, is further amended by adding at the end the following:
Subject to subsections (b) and (c), the Secretary, with the concurrence of the Superintendent of the Coast Guard Academy, may authorize a covered foundation to use, on a reimbursable or nonreimbursable basis as determined by the Secretary, facilities or equipment of the Coast Guard Academy.
The Secretary may not authorize any use of facilities or equipment under subsection (a) if such use may jeopardize the health, safety, or well-being of any member of the Coast Guard or cadet of the Coast Guard Academy.
The Secretary may only authorize the use of facilities or equipment under subsection (a) if such use—
is without any liability of the United States to the covered foundation;
does not—
affect the ability of any official or employee of the Coast Guard, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;
compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in any such program; or
include the participation of any cadet of the Coast Guard Academy at an event of the covered foundation, other than participation of such a cadet in an honor guard;
complies with any applicable ethics regulation; and
has been reviewed and approved by an attorney of the Coast Guard.
The Secretary shall issue Coast Guard policies to carry out this section.
For any fiscal year in which the Secretary exercises the authority under subsection (a), not later than the last day of such fiscal year, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the number of events or activities of a covered foundation supported by such exercise of authority during the fiscal year.
In this section, the term covered foundation means an organization that—
is a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986; and
the Secretary determines operates exclusively to support—
recruiting activities with respect to the Coast Guard Academy;
parent or alumni development in support of the Coast Guard Academy;
academic, leadership, or character development of Coast Guard Academy cadets;
institutional development of the Coast Guard Academy; or
athletics in support of the Coast Guard Academy.
The analysis for chapter 19 of title 14, United States Code, is further amended by inserting after the item relating to item 1907 the following:
Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating may establish concurrent jurisdiction between the Federal Government and the State of Connecticut over the lands constituting the Coast Guard Academy in New London, Connecticut, as necessary to facilitate the ability of the State of Connecticut and City of New London to investigate and prosecute any crimes cognizable under Connecticut law that are committed on such Coast Guard Academy property.
Not later than 270 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—
an overview of the maritime domain awareness in the area of responsibility of the Coast Guard sector responsible for Puerto Rico and the United States Virgin Islands, including—
the average volume of known maritime traffic that transited the area during fiscal years 2020 through 2023;
current sensor platforms deployed by such sector to monitor illicit activity occurring at sea in such area;
the number of illicit activity incidents at sea in such area that the sector responded to during fiscal years 2020 through 2023;
an estimate of the volume of traffic engaged in illicit activity at sea in such area and the type and description of any vessels used to carry out illicit activities that such sector responded to during fiscal years 2020 through 2023; and
the maritime domain awareness requirements to effectively meet the mission of such sector;
a description of current actions taken by the Coast Guard to partner with Federal, regional, State, and local entities to meet the maritime domain awareness needs of such area;
a description of any gaps in maritime domain awareness within the area of responsibility of such sector resulting from an inability to meet the enduring maritime domain awareness requirements of the sector or adequately respond to maritime disorder;
an identification of current technology and assets the Coast Guard has to mitigate the gaps identified in paragraph (3);
an identification of capabilities needed to mitigate such gaps, including any capabilities the Coast Guard currently possesses that can be deployed to the sector;
an identification of technology and assets the Coast Guard does not currently possess and are needed to acquire in order to address such gaps; and
an identification of any financial obstacles that prevent the Coast Guard from deploying existing commercially available sensor technology to address such gaps.
Not later than 270 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the condition of dayboards and the placement of buoys on the Missouri River.
The report under paragraph (1) shall include—
a list of the most recent date on which each dayboard and buoy was serviced by the Coast Guard;
an overview of the plan of the Coast Guard to systematically service each dayboard and buoy on the Missouri River; and
assigned points of contact.
Beginning on the date of enactment of this Act, the Commandant may not remove the aids to navigation covered in subsection (a), unless there is an imminent threat to life or safety, until a period of 180 days has elapsed following the date on which the Commandant submits the report required under subsection (a).
Not later than 90 days after the date of enactment of this Act, the Commandant shall seek to enter into an agreement with a federally funded research and development center with relevant expertise under which such center shall conduct an assessment of the operational capabilities and ability of the Coast Guard to conduct the primary duties of the Coast Guard under section 102 of title 14, United States Code, and missions under section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468).
In carrying out the assessment required under paragraph (1), the federally funded research and development center selected under such subsection shall, with respect to the primary duties and missions described in paragraph (1), include the following:
An analysis of the extent to which the Coast Guard is able to effectively carry out such duties and missions.
An analysis of any budgetary, policy, and manpower factors that may constrain the Coast Guard’s ability to carry out such duties and missions,
An analysis of the impacts to safety, national security, and the economy, of any shortfalls in the Coast Guards ability to meet such missions.
Recommendations for the Coast Guard to more effectively carry out such duties and missions, in light of manpower and asset constraints.
Identification of any duties and missions that are being conducted by the Coast Guard on behalf of other Department of Homeland Security components, the Department of Defense, and other Federal agencies.
An analysis of the benefits and drawbacks of the Coast Guard conducting missions on behalf of other agencies identified in subparagraph (E), including—
the budgetary impact of the duties and missions identified in such subparagraph;
data on the degree to which the Coast Guard is reimbursed for the costs of such missions; and
recommendations to minimize the impact of the missions identified in such subparagraph to the Coast Guard budget, including improving reimbursements and budget autonomy of the Coast Guard.
Not later than 1 year after the date on which Commandant enters into an agreement under section (a), the federally funded research and development center selected under such subsection shall submit to the Commandant, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate the assessment required under subsection (a).
Not later than 90 days after receipt of the assessment under subsection (b), the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes recommendations included in the assessment to strengthen the ability of the Coast Guard to carry out such duties and missions.
The report required under paragraph (1) shall include the following:
The assessment received by the Commandant under subsection (b).
For each recommendation included in the such assessment—
an assessment by the Commandant of the feasibility and advisability of implementing such recommendation; and
if the Commandant considers the implementation of such recommendation feasible and advisable, a description of the actions taken, or to be taken, to implement such recommendation.
Not later than 90 days after the date of enactment of this Act, the Commandant shall issue a report detailing the progress of all approved Coast Guard cutter homeporting projects within Coast Guard District 17 with respect to each of the following:
Fast Response Cutters.
Offshore Patrol Cutters.
The commercially available polar icebreaker procured pursuant to section 11223 of Don Young Coast Guard Authorization Act of 2022 (14 U.S.C. 561 note).
The report required under paragraph (1) shall include, with respect to each homeporting project described in such paragraph, the following:
A description of—
the status of funds appropriated for the project;
activities carried out toward completion of the project; and
activities anticipated to be carried out during the subsequent 1-year period to advance completion of the project.
An updated timeline, including key milestones, for the project.
Not later than July 1 of the first calendar year after the year in which the report required under subsection (a) is submitted, and each July 1 thereafter until the date specified in paragraph (2), the Commandant shall issue an updated report containing, with respect to each Coast Guard cutter homeporting project described in subsection (a)(1) (including any such project approved on a date after the date of the enactment of this Act and before the submission of the applicable report), each element described in subsection (a)(2).
The date specified in this paragraph is the earlier of—
July 2, 2031; or
the date on which all projects described in subsection (a)(1) are completed.
Not later than 90 days after the date of enactment of this Act, the Commandant shall complete a report detailing the cost of and time frame for expanding the industrial capacity of Coast Guard Base Ketchikan to do out of water repairs on Fast Response Cutters.
Not later than 120 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report required under paragraph (1).
The Commandant shall publish each report issued under this section on a publicly accessible website of the Coast Guard.
In this section, the term homeporting project—
means the facility infrastructure modifications, upgrades, new construction, and real property and land acquisition associated with homeporting new or modified cutters; and
includes shoreside and waterfront facilities, cutter maintenance facilities, housing, child development facilities, and any other associated infrastructure directly required as a result of homeporting new or modified cutters.
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
a report that describes the strategy of the Coast Guard with respect to the replacement of the Bay class icebreaking tug fleet;
in the case of such a strategy that results in the replacement of the last Bay class icebreaking tug on a date that is more than 15 years after such date of enactment, a plan to maintain the operational capabilities of the Bay class icebreaking tug fleet until the date on which such fleet is projected to be replaced; and
in the case of such a plan that does not include the replacement of the main propulsion engines and marine gear components of the Bay class icebreaking tug fleet, an assessment of the manner in which not replacing such engines and gear components will effect the future operational availability of such fleet.
Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy, in consultation with the Secretary of Defense, shall—
complete a study on the feasibility and advisability of supporting additional Coast Guard port visits and deployments in support of Operation Blue Pacific, or any successor operation oriented toward Oceania; and
submit to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of such study.
Not later than 180 days after the date of enactment of this Act, the Commandant shall commence a study and gap analysis with respect to the aviation hangar at Coast Guard Air Station Corpus Christi and the capacity of such hangar to accommodate the aircraft currently assigned to Coast Guard Air Station Corpus Christi and any aircraft anticipated to be so assigned in the future.
The study and gap analysis required by subsection (a) shall include the following:
An identification of hangar infrastructure requirements needed—
to meet mission requirements for all aircraft currently assigned to Coast Guard Air Station Corpus Christi; and
to accommodate the assignment of an additional HC–144 Ocean Sentry aircraft to Coast Guard Air Station Corpus Christi.
An assessment as to whether the aviation hangar at Coast Guard Air Station Corpus Christi is sufficient to accommodate all rotary-wing assets assigned to Coast Guard Air Station Corpus Christi.
In the case of an assessment that such hangar is insufficient to accommodate all such rotary-wing assets, a description of the facility modifications that would be required to do so.
An assessment of the facility modifications of such hangar that would be required to accommodate all aircraft assigned to Coast Guard Air Station Corpus Christi upon completion of the transition from the MH–65 rotary-wing aircraft to the MH–60T rotary-wing aircraft.
An evaluation with respect to which fixed-wing assets assigned to Coast Guard Air Station Corpus Christi should be enclosed in such hangar so as to most effectively mitigate the effects of corrosion while meeting mission requirements.
An evaluation as to whether, and to what extent, the storage of fixed-wing assets outside such hangar would compromise the material condition and safety of such assets.
An evaluation of the extent to which any material condition and safety issue identified under paragraph (6) may be mitigated through the use of gust locks, chocks, tie-downs, or related equipment.
Not later than 1 year after the commencement of the study and gap analysis required under subsection (a), the Commandant 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 on the results of the study and gap analysis.
Not later than 180 days after the date of enactment of this Act, the Commandant, in coordination with the Under Secretary of Defense for Personnel and Readiness, shall submit to the appropriate committees of Congress a report on the impacts of the Joint Travel Regulations on members of the Coast Guard who are commuting, on permanent change of station travel, or on other official travel to or from locations served by ferry systems.
The report required under subsection (a) shall include an analysis of the impacts on such members of the Coast Guard of the following policies under the Joint Travel Regulations:
The one-vehicle shipping policy.
The unavailability of reimbursement of costs incurred by such members due to ferry schedule unavailability, sailing cancellations, and other sailing delays during commuting, permanent change of station travel, or other official travel.
The unavailability of local infrastructure to support vehicles or goods shipped to duty stations in locations outside the contiguous United States that are not connected by the road system, including locations served by the Alaska Marine Highway System.
In this section:
The term appropriate committees of Congress means—
the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and
the Committee on Armed Services and the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and Infrastructure of the House of Representatives.
The term Joint Travel Regulations, with respect to official travel, means the terms, rates, conditions, and regulations maintained under section 464 of title 37, United States Code.
Not later than 1 year after the date of enactment of this Act, the Commandant 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 on the Junior Reserve Officers’ Training Corps program.
The report required under subsection (a) shall include the following:
A description of the standards and criteria prescribed by the Coast Guard for educational institution participation in the Coast Guard Junior Reserve Officers’ Training Corps program.
With respect to each educational institution offering a Coast Guard Junior Reserve Officers’ Training Corps program—
a description of—
the training and course of military instruction provided to students;
the facilities and drill areas used for the program;
the type and amount of Coast Guard Junior Reserve Officers’ Training Corps program resources provided by the Coast Guard;
the type and amount of Coast Guard Junior Reserve Officers’ Training Corps program resources provided by the educational institution; and
any other matter relating to program requirements the Commandant considers appropriate;
an assessment as to whether the educational institution is located in an educationally and economically deprived area (as described in section 2031 of title 10, United States Code);
beginning with the year in which the program was established at the educational institution, the number of students who have participated in the program, disaggregated by gender, race, and grade of student participants; and
an assessment of the participants in the program, including—
the performance of the participants in the program;
the number of participants in the program who express an intent to pursue a commission or enlistment in the Coast Guard; and
a description of any other factor or matter considered by the Commandant to be important in assessing the success of program participants at the educational institution.
With respect to any unit of the Coast Guard Junior Reserve Officers’ Training Corps suspended or placed on probation pursuant to section 2031(h) of title 10, United States Code—
a description of the unit;
the reason for such suspension or placement on probation;
the year the unit was so suspended or placed on probation; and
with respect to any unit that was reinstated after previously being suspended or placed on probation, a justification for the reinstatement of such unit.
A description of the resources and personnel required to maintain, implement, and provide oversight for the Coast Guard Junior Reserve Officers’ Training Corps program at each participating educational institution and within the Coast Guard, including the funding provided to each such educational institution, disaggregated by educational institution and year.
A recommendation with respect to—
whether the number of educational institutions participating in the Coast Guard Junior Reserve Officers’ Training Corps program should be increased; and
in the case of a recommendation that such number should be increased, additional recommendations relating to such an increase, including—
the number of additional educational institutions that should be included in the program;
the locations of such institutions;
any additional authorities or resources necessary for such an increase; and
any other matter the Commandant considers appropriate.
Any other matter the Commandant considers necessary in order to provide a full assessment of the effectiveness of the Coast Guard Junior Reserve Officers’ Training Corps program.
Not later than 90 days after the date of the enactment of this Act, the Commandant 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 on the status of the Coast Guard Junior Reserve Officers’ Training Program.
The report required by paragraph (1) shall include the following:
A review and timeline of Coast Guard outreach efforts in Coast Guard districts that do not have a Coast Guard Junior Reserve Officers’ Training Program.
A review and timeline of Coast Guard outreach efforts in Coast Guard districts in which there are multiple Coast Guard Junior Reserve Officers’ Training Programs.
Policy recommendations regarding future expansion of the Coast Guard Junior Reserve Officers’ Training Program.
Beginning on December 31, 2026, the Secretary of the department in which the Coast Guard is operating shall maintain at all times a Junior Reserve Officers’ Training Corps Program with not fewer than 20 such programs.
Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide Congress with an estimate of the costs associated with implementing this subsection.
Section 2101 of title 46, United States Code, is amended—
by redesignating paragraphs (20) through (56) as paragraphs (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), (42), (43), (44), (45), (46), (47), (48), (49), (50), (51), (52), (53), (54), (55), (56), (57), and (58), respectively; and
by inserting after paragraph (19) the following:
merchant mariner credential means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.
by inserting after paragraph (22), as so redesignated, the following:
nautical school program means a program that—
offers a comprehensive program of training that includes substantial sea service on nautical school vessels or merchant vessels of the United States primarily to train individuals for service in the merchant marine; and
is approved by the Secretary for purposes of section 7315, in accordance with regulations promulgated by the Secretary.
Section 7116 of title 46, United States Code, is amended by striking subsection (c).
Section 7306 of title 46, United States Code, is amended to read as follows:
The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes:
Able Seaman-Unlimited.
Able Seaman-Limited.
Able Seaman-Special.
Able Seaman-Offshore Supply Vessels.
Able Seaman-Sail.
Able Seaman-Fishing Industry.
Ordinary Seaman.
The Secretary may classify the merchant mariner credential issued under subsection (a) based on—
the tonnage and means of propulsion of vessels;
the waters on which vessels are to be operated; or
other appropriate standards.
To qualify for a credential under this section, an applicant shall provide satisfactory proof that the applicant—
is at least 18 years of age;
has the service required by the applicable section of this part;
is qualified professionally as demonstrated by an applicable examination or educational requirements;
is qualified as to sight, hearing, and physical condition to perform the seafarer’s duties; and
has satisfied any additional requirements established by the Secretary, including career patterns and service appropriate to the particular service, industry, or job functions the individual is engaged.
The Secretary of the department in which the Coast Guard is operating shall implement the requirements under subsection (c) of section 7306 of title 46, United States Code (as amended by this section), without regard to chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563 (5 U.S.C. 601 note).
The analysis for chapter 73 of title 46, United States Code, is amended by striking the item relating to section 7306 and inserting the following:
Section 7313 of title 46, United States Code, is amended—
in subsection (b) by striking and coal passer; and
by striking subsection (c) and inserting the following:
The Secretary may classify the merchant mariner credential issued under subsection (a) based on—
the tonnage and means of propulsion of vessels;
the waters on which vessels are to be operated; or
other appropriate standards.
To qualify for an credential under this section, an applicant shall provide satisfactory proof that the applicant—
is at least 18 years of age;
has a minimum of 6-months service in the related entry rating;
is qualified professionally as demonstrated by an applicable examination or educational requirements; and
is qualified as to sight, hearing, and physical condition to perform the member’s duties.
Section 7314 of title 46, United States Code, and the item relating to such section in the analysis for chapter 73 of such title, are repealed.
Section 7315 of title 46, United States Code, is amended to read as follows:
Graduation from a nautical school program may be substituted for the sea service requirements under sections 7307 through 7311a and 7313 of this title.
The satisfactory completion of a training program approved by the Secretary may be substituted for not more than one-half of the sea service requirements under sections 7307 through 7311a and 7313 of this title in accordance with subsection (c).
For purposes of subsection (b), training days undertaken in connection with training programs approved by the Secretary may be substituted for days of required sea service under sections 7307 through 7311a and 7313 of this title as follows:
Each shore-based training day in the form of classroom lectures may be substituted for 2 days of sea service requirements.
Each training day of laboratory training, practical demonstrations, and other similar training, may be substituted for 4 days of sea service requirements.
Each training day of full mission simulator training may be substituted for 6 days of sea service requirements.
Each training day underway on a vessel while enrolled in an approved training program may be substituted for 1½ days of sea service requirements, as long as—
the structured training provided while underway on a vessel is—
acceptable to the Secretary as part of the approved training program; and
fully completed by the individual; and
the tonnage of such vessel is appropriate to the endorsement being sought.
In this section, the term training day means a day that consists of not less than 7 hours of training.
The Secretary of the department in which the Coast Guard is operating shall implement the requirements of section 7315 of title 46, United States Code, as amended by this subsection, without regard to chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563 (5 U.S.C. 601 note) and 14094 (88 Fed. Reg. 21879).
Title 46, United States Code, is amended—
in section 2113(3) by striking section 2101(53)(A) and inserting section 2101(55)(A);
in section 3202(a)(1)(A) by striking section 2101(29)(A) and inserting section 2101(31)(A);
in section 3507(k)(1) by striking section 2101(31) and inserting section 2101(33);
in section 4105(d) by striking section 2101(53)(A) and inserting section 2101(55)(A);
in section 12119(a)(3) by striking section 2101(26) and inserting section 2101(28); and
in section 51706(c)(6)(C)(ii) by striking section 2101(24) and inserting section 2101(26).
Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3)) is amended by striking 2101(30) of title 46 and inserting 2101 of title 46.
Section 1992(d)(7) of title 18, United States Code, is amended by striking section 2101(31) of title 46 and inserting section 2101 of title 46.
Section 311(a)(26)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(26)(D)) is amended by striking section 2101(23) and inserting section 2101.
Section 1101 of title 49, United States Code, is amended by striking Section 2101(23) and inserting Section 2101(24).
The heading for part E of subtitle II of title 46, United States Code, is amended by striking MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS and inserting MERCHANT MARINER CREDENTIALS.
The section heading for section 7307 of title 46, United States Code, is amended by striking seamen and inserting seafarers.
Section 7307 of title 46, United States Code, is amended by striking 3 years and inserting 18 months.
The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7307 by striking seamen and inserting seafarers.
The section heading for section 7308 of title 46, United States Code, is amended by striking seamen and inserting seafarers.
Section 7308 of title 46, United States Code, is amended by striking 18 months and inserting 12 months.
The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7308 by striking seamen and inserting seafarers.
The section heading for section 7309 of title 46, United States Code, is amended by striking seamen and inserting seafarers.
Section 7309 of title 46, United States Code, is amended by striking 12 months and inserting 6 months.
The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7309 by striking seamen and inserting seafarers.
The section heading for section 7310 of title 46, United States Code, is amended by striking seamen and inserting seafarers.
The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7310 by striking seamen and inserting seafarers.
The section heading for section 7311 of title 46, United States Code, is amended by striking seamen and inserting seafarers.
The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7311 by striking seamen and inserting seafarers.
The section heading for section 7311a of title 46, United States Code, is amended by striking seamen and inserting seafarers.
The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7311a by striking seamen and inserting seafarers.
Parts E and F of subtitle II of title 46, United States Code, is amended—
by striking seaman and inserting seafarer each place it appears; and
by striking seamen and inserting seafarers each place it appears.
The analysis for subtitle II of title 46, United States Code, is amended in the item relating to part E by striking MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS and inserting MERCHANT MARINER CREDENTIALS.
Section 3534(j) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is repealed.
Section 7510 of title 46, United States Code, is amended by striking subsection (d).
Section 7507 of title 46, United States Code, is amended by adding at the end the following:
With respect to any renewal of an active merchant mariner credential issued under this part that is not an extension under subsection (a) or (b), such credential shall begin the day after the expiration of the active credential of the credential holder.
Section 7102 of title 46, United States Code, is amended—
in the section heading by inserting or noncitizen nationality after Citizenship; and
by inserting or noncitizen nationals (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408)) after citizens.
The analysis for chapter 71 of title 46, United States Code, is amended by striking the item relating to section 7102 and inserting the following:
Section 7304 of title 46, United States Code, is amended—
in the section heading by inserting or noncitizen nationality after Citizenship; and
by inserting or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408)) after citizen.
The analysis for chapter 73 of title 46, United States Code, is amended by striking the item relating to section 7304 and inserting the following:
Section 8103 of title 46, United States Code, is amended—
in the section heading by inserting or noncitizen nationality after Citizenship;
in subsection (a) by inserting or noncitizen national after citizen;
in subsection (b)—
in paragraph (1)(A)(i) by inserting or noncitizen national after citizen;
in paragraph (3) by inserting or noncitizen nationality after citizenship; and
in paragraph (3)(C) by inserting or noncitizen nationals after citizens;
in subsection (c) by inserting or noncitizen nationals after citizens;
in subsection (d)—
in paragraph (1) by inserting or noncitizen nationals after citizens; and
in paragraph (2) by inserting or noncitizen national after citizen each place it appears;
in subsection (e) by inserting or noncitizen national after citizen each place it appears;
in subsection (i)(1)(A) by inserting or noncitizen national after citizen;
in subsection (k)(1)(A) by inserting or noncitizen national after citizen; and
by adding at the end the following:
In this section, the term noncitizen national means an individual described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408).
The analysis for chapter 81 of title 46, United States Code, is amended by striking the item relating to section 8103 and inserting the following:
Section 12131(a) of title 46, United States Code, is amended by inserting or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408)) after citizen.
Section 12135(2) of title 46, United States Code, is amended by inserting or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408)) after citizen.
Section 8313(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking 2025 and inserting 2027.
Chapter 75 of title 46, United States Code, is amended by adding at the end the following:
In this section, the term merchant mariner credential means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.
In implementing any electronic merchant mariner credentialing system for purposes of this chapter, the Secretary shall consider how to allow, to the maximum extent practicable—
the electronic submission of the components of merchant mariner credential applications (such as sea service documentation, professional qualifications, course completion certificates, safety and suitability documents, and medical records) and course approval requests;
the direct electronic and secure submission of—
sea service verification documentation from employers;
course completion certificates from training providers; and
necessary documentation from other stakeholders; and
the electronic processing and evaluation of information for the issuance of merchant mariner credentials and course approvals, including the capability for the Secretary to complete remote evaluation of information submitted through the system.
The Secretary shall ensure that the Maritime Administration and other Federal agencies, as authorized by the Secretary, have access to anonymized and aggregated data from the electronic system described in subsection (b) and that such data include, at a minimum—
the total amount of sea service for individuals with a valid merchant mariner credential;
the number of mariners with valid merchant mariner credentials for each rating, including the capability to filter data based on credential endorsements;
demographic information including age, gender, and region or address;
the estimated times for the Coast Guard to process merchant mariner credential applications, mariner medical certificates, and course approvals;
the number of providers approved to provide training for purposes of this part and, for each such training provider, the number of classes taken by individuals with, or applying for, a merchant mariner credential; and
if applicable, the branch of the uniformed services (as defined in section 101(a) of title 10) and duty status of applicants for a merchant mariner credential.
The Secretary shall collect the information required under subsection (b) in a manner that protects the privacy rights of individuals who are the subjects of such information.
The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following:
Section 2302(b) of title 46, United States Code, is amended to read as follows:
A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.
A person operating a vessel in a grossly negligent manner that results in serious bodily injury, as defined in section 1365(h)(3) of title 18—
commits a class E felony; and
may be assessed a civil penalty of not more than $35,000.
Section 7702(d)(1) of title 46, United States Code, is amended—
in subparagraph (B) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively (and by conforming the margins accordingly);
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by conforming the margins accordingly);
by striking an individual if— and inserting the following:
an individual—
if—
in subparagraph (A)(ii)(IV), as so redesignated, by striking the period at the end and inserting ; or; and
by adding at the end the following:
if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel.
Section 2101(47)(B) of title 46, United States Code (as so redesignated), is amended by striking ; and and inserting ; or.
The Commandant shall conduct a study to determine the applicability of current safety regulations that apply to commercial amphibious vessels.
The study required under subsection (a) shall include the following:
An overview and analysis that identifies safety regulations that apply to commercial amphibious vessels;
An evaluation of whether safety gaps and risks exist associated with the application of regulations identified in subsection (b)(1) to the operation of commercial amphibious vessels;
An evaluation of whether aspects of the regulations established in section 11502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 3306 note) should apply to amphibious commercial vessels; and
Recommendations on whether potential regulations that should apply to commercial amphibious vessels.
Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings, conclusions, and recommendations from the study required under subsection (a).
In this section, the term amphibious vessel means a vessel which is operating as a small passenger vessel in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation) and is operating as a motor vehicle as defined in section 216 of the Clean Air Act (42 U.S.C. 7550) that is not a DUKW amphibious passenger vessel as defined in section 11502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 3306 note).
Section 3714 of title 46, United States Code, is amended—
in subsection (a)(1) by striking The Secretary and inserting Except as provided in subsection (c), the Secretary;
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
With respect to examinations of foreign vessels to which this chapter applies, and subject to paragraph (3), the Secretary may adopt a performance-driven examination schedule to which such vessels are to be examined and the frequency with which such examinations occur, including the frequency of examinations for each vessel. Such schedule shall be consistent with the Secretary’s assessment of the safety performance of such vessels, including each vessel participating in the performance-driven examination schedule, in accordance with paragraph (2).
In developing an examination schedule under paragraph (1) and subject to paragraph (3), with respect to each vessel in determining eligibility to participate in the performance based examination schedule—
the Secretary shall consider—
certificate of compliance and examination history, to include those conducted by foreign countries;
history of violations, vessel detentions, incidents, and casualties;
history of notices of violation issued by the Coast Guard;
safety related information provided by the flag state of the vessel;
owner and operator history;
historical classification society data, which may include relevant surveys;
cargo-specific documentation;
data from port state control safety exams; and
relevant repair and maintenance history; and
the Secretary may consider—
data from relevant vessel quality assurance and risk assessment programs including Quality Shipping for the 21st Century (QUALSHIP 21);
data from industry inspection regimes;
data from vessel self assessments submitted to the International Maritime Organization or other maritime organizations; and
other safety relevant data or information as determined by the Secretary.
In developing an examination schedule under paragraph (1), the Secretary shall not consider a vessel eligible to take part in a performance-driven examination schedule under paragraph (1) if, within the last 36 months, the vessel has—
been detained by the Coast Guard;
a record of a violation issued by the Coast Guard against the owners or operators with a finding of proved; or
suffered a marine casualty that, as determined by the Secretary, involves the safe operation of the vessel and overall performance of the vessel.
The Secretary may not adopt a performance-driven examination schedule under paragraph (1) until the Secretary has—
conducted the assessment recommended in the Government Accountability Office report submitted under section 8254(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283);
concluded through such assessment that a performance-driven examination schedule provides not less than the level of safety provided by the annual examinations required under subsection (a)(1); and
provided the results of such assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Subsection (a) of section 11237 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended as follows:
For the purposes of addressing an identified shortage of marine inspectors, the Secretary may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position that—
is assigned in support of or is serving as a marine inspector pursuant to section 312 of title 14, United States Code; and
is assigned to a billet that is difficult to fill due to geographic location, requisite experience or certifications, or lack of sufficient candidates, as determined by the Commandant, in an effort to address inspector workforce gaps.
Not later than 6 months after the date of enactment of this Act, and annually for 2 years after the implementation of a performance-driven examination schedule program under section 3714(c) of title 46, United States Code, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on—
the status of utilizing the performance-driven examination schedule program, including the quantity of examinations conducted and duration between examinations for each individual vessel examined under the performance-driven examination schedule;
an overview of the size of the Coast Guard marine inspector workforce, including any personnel shortages assessed by the Coast Guard, for inspectors that conduct inspections under section 3714 of such title; and
recommendations for the inspection, governance, or oversight of vessels inspected under section 3714 of such title.
Section 70011(a) of title 46, United States Code, is amended—
in paragraph (1) by inserting , including damage or destruction resulting from cyber incidents, transnational organized crime, or foreign state threats after adjacent to such waters; and
in paragraph (2) by inserting or harm resulting from cyber incidents, transnational organized crime, or foreign state threats after loss.
Section 70051 of title 46, United States Code, is amended by inserting or cyber incidents, or transnational organized crime, or foreign state threats, after threatened war, or invasion, or insurrection, or subversive activity,.
Section 70011(b) of title 46, United States Code, is amended—
in paragraph (3) by striking and at the end;
in paragraph (4) by striking the period at the end and inserting ; and; and
by adding at the end the following:
prohibiting a representative of a government of country that the Secretary of State has determined has repeatedly provided support for acts of international terrorism under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) from visiting a facility for which a facility security plan is required under section 70103(c).
Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, acting through the United States Committee on the Marine Transportation System, and in coordination with the Commandant, shall—
complete an analysis regarding commercial vessel traffic, at the time of the study, that transits through the Bering Strait and projections for the growth of such traffic over the next decade; and
assess the adequacy of emergency response capabilities and infrastructure at the ports of the United States that are in proximity to the vessel traffic that transits the Bering Strait, including the port facilities at Point Spencer, Alaska, Nome, Alaska, and Kotzebue, Alaska, to—
address future navigation safety risks; and
conduct emergency maritime response operations in the Arctic environment.
The study under this section shall include the following:
An analysis of the volume and types of commercial vessel traffic, including—
oil and gas tankers, cargo vessels, barges, fishing vessels, and cruise lines, both domestic and international;
projected growth of such traffic through the Bering Strait;
the seasonality of vessel transits of the Bering Strait; and
a summation of the sizes, ages, and the country of registration or documentation of such vessels transiting the Arctic, including oil and product tankers either documented in transit to or from Russia or China or owned or operated by a Russian or Chinese entity.
An assessment of the state and adequacy of vessel traffic services and oil spill and emergency response capabilities in the vicinity of the Bering Strait and its southern and northern approaches in the Chukchi Sea and the Bering Sea.
A risk assessment of the projected growth in commercial vessel traffic in the Bering Strait and potential of increased frequency in the number of maritime accidents, including spill events, and the potential impacts to the Arctic maritime environment and Native Alaskan village communities in the vicinity of the vessel traffic in Western Alaska, including the Bering Strait.
An evaluation of the extent to which Point Spencer can serve as a port of refuge and as a staging, logistics, and operations center from which to conduct and support maritime emergency and spill response activities.
Recommendations for practical actions that can be taken by Congress, Federal agencies, the State of Alaska, vessel carriers and operators, the marine salvage and emergency response industry, and other relevant stakeholders to mitigate risks identified in the study carried out under this section.
In the preparation of the study under this section, the United States Committee on the Marine Transportation System shall consult with—
the Maritime Administration;
the Coast Guard;
the Army Corps of Engineers;
the Department of State;
the National Transportation Safety Board;
the Government of Canada, as appropriate;
the Port Coordination Council for the Port of Point Spencer;
State and local governments;
other maritime industry participants, including carriers, shippers, ports, labor, fishing, or other entities; and
nongovernmental entities with relevant expertise monitoring and characterizing vessel traffic or the environment in the Arctic.
In addition to the entities described in subsection (c), in preparing the study under this section, the Secretary of Transportation shall consult with Indian Tribes, including Alaska Native Corporations, and Alaska Native communities.
Not later than 1 year after initiating the study under this section, the United States Committee on the Marine Transportation System shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives a report on the findings and recommendations of the study.
In this section:
The term Arctic has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
The term Port Coordination Council for the Port of Point Spencer means the Council established under section 541 of Coast Guard Authorization Act of 2015 (Public Law 114–120).
Not later than 30 days after the date of enactment of this Act, the Commandant, or a designated individual, shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the underwater inspection in lieu of drydock program established under section 176.615 of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Regarding Docket Number USCG–2022–0222, before adopting a final rule, the Commandant shall conduct an independent boat traffic study at mile 7.4 of the St. Lucie River.
Subchapter I of chapter 700 of title 46, United States Code, is amended by adding at the end the following:
The Secretary of the department in which the Coast Guard is operating may establish safety zones to address special activities in the exclusive economic zone.
In this section:
The term safety zone—
means a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels; and
may be stationary and described by fixed limits or may be described as a zone around a vessel in motion.
The term special activities includes—
space activities, including launch and reentry (as such terms are defined in section 50902 of title 51) carried out by United States citizens; and
offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near fixed platforms.
The term United States citizen has the meaning given the term eligible owners in section 12103.
The term fixed platform means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.
The analysis for chapter 700 of title 46, United States Code, is amended by inserting after the item relating to section 70007 the following:
Section 8343 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is repealed.
The amendments made by subsections (a) and (b) of this section shall take effect as if enacted on February 1, 2024.
Not later than 1 year after the date of enactment of this Act, the Commandant shall implement the November 2021 proposed plan of the Vessel Traffic Service Los Angeles-Long Beach for restructuring the Federal anchorages in San Pedro Bay described on page 54 of the Report of the National Transportation Safety Board titled Anchor Strike of Underwater Pipeline and Eventual Crude Oil Release and issued January 2, 2024.
The Secretary of the department in which the Coast Guard is operating shall conduct a study to identify any anchorage grounds other than the San Pedro Bay Federal anchorages in which the distance between the center of an approved anchorage ground and a pipeline is less than 1 mile.
Not later than 2 years after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study required under paragraph (2).
The report under subparagraph (A) shall include—
a list of the anchorage grounds described under paragraph (2);
whether it is possible to move each such anchorage ground to provide a minimum distance of 1 mile; and
a recommendation of whether to move any such anchorage ground and explanation for the recommendation.
The Commandant shall consult with the providers of vessel monitoring systems to add to the monitoring systems for vessel traffic services audible and visual alarms that alert the watchstander when an anchored vessel is encroaching on a pipeline.
Not later than 1 year after the date of enactment of this Act, the Commandant shall develop procedures for all vessel traffic services to notify pipeline and utility operators following potential incursions on submerged pipelines within the vessel traffic service area of responsibility.
Not later than 1 year after the date of enactment of this Act, and annually for the subsequent 3 years, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of paragraphs (1) and (2).
Section 9302(a)(1)(A) of title 46, United States Code, is amended by striking in waters and inserting in the Straits of Mackinac and in all other waters.
Section 9302 of title 46, United States Code, is amended by adding at the end the following:
In this section, the term Straits of Mackinac includes all of the United States navigable waters bounded by longitudes 84 degrees 20 minutes west and 85 degrees 10 minutes west and latitudes 45 degrees 39 minutes north and 45 degrees 54 minutes north, including Gray’s Reef Passage, the South Channel, and Round Island Passage, and approaches thereto.
Section 80301(c) of title 46, United States Code, is amended by striking the period at the end and inserting and shall remain available until expended for the purpose of the Coast Guard international ice patrol program under this chapter..
The Secretary of the department in which the Coast Guard is operating, acting through the relevant Officer in Charge, Marine Inspection, may grant temporary waivers from the towing vessel requirements of chapters 33 and 89 of title 46, United States Code, including the regulations issued under such chapters, for fishing vessels and fish tender vessels.
A temporary waiver issued under paragraph (1) shall be issued at the discretion of the relevant Officer in Charge, Marine Inspection, to a fishing vessel or fish tender vessel that—
performs towing operations of net pens, and associated work platforms, to or from aquaculture or hatchery worksites;
is less than 200 gross tons;
does not tow a net pen, or associated work platform, that is carrying cargo or hazardous material, including oil, on board;
is operating shoreward of the Boundary Line in either—
Southeast Alaska; or
Prince William Sound; and
complies with all applicable laws for its use in the usual purpose for which it is normally and substantially operated, including any applicable inspection requirements under section 3301 of title 46, United States Code, and exemptions under section 3302 of such title.
The owner or operator of a fishing vessel or fish tender vessel seeking a waiver under paragraph (1) shall submit a request to the relevant Officer in Charge, Marine Inspection.
The request submitted under subparagraph (A) shall include—
a description of the intended towing operations;
the time periods and frequency of the intended towing operations;
the location of the intended operations;
a description of the manning of the fishing vessel or fish tender vessel during the intended operations; and
any additional safety, operational, or other relevant information requested by the relevant Officer in Charge, Marine Inspection.
The Secretary of the department in which the Coast Guard is operating may issue policy to facilitate the implementation of this subsection.
In this subsection:
The term Boundary Line has the meaning given such term in section 103 of title 46, United States Code.
The term fishing vessel has the meaning given such term in section 2101 of title 46, United States Code.
The term fish tender vessel has the meaning given such term in section 2101 of title 46, United States Code.
The term Officer in Charge, Marine Inspection has the meaning given such term in section 3305 of title 46, United States Code.
The term Prince William Sound means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to, and encompassing, Seal Rocks.
The term Southeast Alaska means the area along the coast of the State of Alaska from latitude 5440’00” N to 6018’24” N.
The authorities under this section shall expire on January 1, 2027.
Section 11325(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 4095) is amended by striking 3 and inserting 5.
Chapter 151 of title 46, United States Code, is amended by adding at the end the following:
There is established a National Advisory Committee on Autonomous Maritime Systems (in this section referred to as the Committee).
The Committee shall advise the Secretary on matters relating to the regulation and use of Autonomous Systems within the territorial waters of the United States.
The Committee shall consist of 15 members appointed by the Secretary in accordance with this section and section 15109.
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
Each of the following groups shall be represented by at least 1 member on the Committee:
Marine safety or security entities.
Vessel design and construction entities.
Entities engaged in the production or research of uncrewed vehicles, including drones, autonomous or semi-autonomous vehicles, or any other product or service integral to the provision, maintenance, or management of such products or services.
Port districts, authorities, or terminal operators.
Vessel operators.
National labor unions representing merchant mariners.
Maritime pilots.
Commercial space transportation operators.
Academic institutions.
The analysis for chapter 151 of title 46, United States Code, is amended by adding at the end the following:
Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish the Committee under section 15110 of title 46, United States Code (as added by this section).
Notwithstanding any other provision of law, for the period beginning on the date of enactment of this Act and ending on the date that is 2 years after such date of enactment, small uncrewed maritime systems owned, operated, or chartered by the National Oceanic and Atmospheric Administration, or that are performing specified oceanographic surveys on behalf of and pursuant to a contract or other written agreement with the National Oceanic and Atmospheric Administration, shall not be subject to any vessel inspection, design, operations, navigation, credentialing, or training requirement, law, or regulation, that the Assistant Administrator of the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration determines will harm real-time operational extreme weather oceanographic and atmospheric data collection and predictions.
Nothing in this section shall limit the authority of the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, if there is an immediate safety or security concern regarding small uncrewed maritime systems.
For the period beginning on the date of enactment of this Act and ending on the date that is 3 years after such date of enactment, the Commandant, or such other individual or organization as the Commandant considers appropriate, shall develop a training course on small uncrewed maritime systems and offer such training course at least once each year for Coast Guard personnel working with or regulating small uncrewed maritime systems.
The training course developed under subsection (a) shall—
provide an overview and introduction to small uncrewed maritime systems, including examples of those used by the Federal Government, in academic settings, and in commercial sectors;
address the benefits and disadvantages of use of small uncrewed maritime systems;
address safe navigation of small uncrewed maritime systems, including measures to ensure collision avoidance;
address the ability of small uncrewed maritime systems to communicate with and alert other vessels in the vicinity;
address the ability of small uncrewed maritime systems to respond to system alarms and failures to ensure control commensurate with the risk posed by the systems;
provide present and future capabilities of small uncrewed maritime systems; and
provide an overview of the role of the International Maritime Organization in the governance of small uncrewed maritime systems.
Not later than 30 days after the date of enactment of this Act, the Commandant, with the concurrence of the Assistant Administrator of the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration, shall establish the permanent membership of a National Oceanic and Atmospheric Administration employee to the Automated and Autonomous Vessel Policy Council of the Coast Guard.
Section 319(b)(1) of title 14, United States Code, is amended by striking 2 or more existing Coast Guard small boats deployed at operational units and inserting 2 or more Coast Guard small boats deployed at operational units and 2 or more existing Coast Guard small boats.
Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that outlines a plan for establishing an uncrewed systems capabilities office within the Coast Guard responsible for the acquisition and development of uncrewed system and counter-uncrewed system technologies and to expand the capabilities of the Coast Guard with respect to such technologies.
The report required under paragraph (1) shall include the following:
A management strategy for the acquisition, development, and deployment of uncrewed system and counter-uncrewed system technologies.
A service-wide coordination strategy to synchronize and integrate efforts across the Coast Guard in order to—
support the primary duties of the Coast Guard pursuant to section 102 of title 14, United States Code; and
pursue expanded research, development, testing, and evaluation opportunities and funding to expand and accelerate identification and transition of uncrewed system and counter-uncrewed system technologies.
The identification of contracting and acquisition authorities needed to expedite the development and deployment of uncrewed system and counter-uncrewed system technologies.
A detailed list of commercially available uncrewed system and counter-uncrewed system technologies with capabilities determined to be useful for the Coast Guard.
A cross-agency collaboration plan to engage with the Department of Defense and other relevant agencies to identify common requirements and opportunities to partner in acquiring, contracting, and sustaining uncrewed system and counter-uncrewed system capabilities.
Opportunities to obtain and share uncrewed system data from government and commercial sources to improve maritime domain awareness.
The development of a concept of operations for a data system that supports and integrates uncrewed system and counter-uncrewed system technologies with key enablers, including enterprise communications networks, data storage and management, artificial intelligence and machine learning tools, and information sharing and dissemination capabilities.
Not later than 1 year after the date of enactment of this Act, and annually thereafter for a period of 3 years, the Commandant, in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Executive Director of the Office of Naval Research, the Director of the National Science Foundation, and the Director of the White House Office of Science and Technology Policy, shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, on the future operation and governance of small uncrewed maritime systems.
In this subtitle:
The term counter-uncrewed system means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an uncrewed system, including a counter-UAS system (as such term is defined in section 44801 of title 49, United States Code).
The term small uncrewed maritime systems means unmanned maritime systems (as defined in section 2 of the CENOTE Act of 2018 (33 U.S.C. 4101)), that—
are not greater than 35 feet overall in length;
are operated remotely or autonomously; and
exclusively perform oceanographic surveys or scientific research.
The term uncrewed system means an uncrewed surface, undersea, or aircraft and associated elements (including communication links and the components that control the uncrewed system) that are required for the operator to operate the system safely and efficiently, including an unmanned aircraft system (as such term is defined in section 44801 of title 49, United States Code).
Section 70503(a) of title 46, United States Code, is amended—
in the matter preceding paragraph (1) by striking While on board a covered vessel, an and inserting An;
by amending paragraph (1) to read as follows:
manufacture or distribute, possess with intent to manufacture or distribute, or place or cause to be placed with intent to manufacture or distribute a controlled substance on board a covered vessel;
in paragraph (2) by inserting on board a covered vessel before the semicolon; and
in paragraph (3) by inserting while on board a covered vessel after such individual.
Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by adding at the end the following:
Unless otherwise prohibited by law, the Commandant of the Coast Guard shall, upon request by any State, the District of Columbia, any Indian Tribe, or any territory of the United States, provide all data possessed by the Coast Guard for a ballast water management system with a type approval certificate approved by the Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2025 pertaining to—
challenge water (as defined in section 162.060–3 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) quality characteristics;
post-treatment water quality characteristics;
challenge water (as defined in section 162.060–3 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) biologic organism concentrations data; and
post-treatment water biologic organism concentrations data.
The table of contents for the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by inserting after the item relating to section 903 the following:
Section 5(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(a)) is amended by striking the first sentence and inserting Notwithstanding section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)), the Secretary shall have the authority to issue regulations to carry out the purposes and provisions of this Act, in accordance with the provisions of section 553 of title 5, United States Code, without regard to subsection (a) thereof..
Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by striking subsection (f) and inserting the following:
In this subsection, the term lead agency has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).
For all applications, the Maritime Administration shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to this Act.
Not later than 18 months after the date of enactment of this Act, the Commandant shall transfer the authorities provided to the Coast Guard in part 148 of title 33, Code of Federal Regulations (as in effect on the date of the enactment of this Act), except as provided in paragraph (2), to the Secretary of Transportation.
The Commandant shall retain responsibility for authorities pertaining to design, construction, equipment, and operation of deepwater ports and navigational safety.
As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to reflect the updates to authorities prescribed by this subsection.
Nothing in this section, or the amendments made by this section, may be construed to limit the authorities of other governmental agencies previously delegated authorities of the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) or any other law.
Nothing in this section, or the amendments made by this section, shall apply to any application submitted before the date of enactment of this Act.
Section 8437 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
by striking subsections (d) and (e);
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following:
The Commandant shall prohibit any vessel anchoring on the reach of the Hudson River described in subsection (a) unless such anchoring is within any anchorage established before January 1, 2021.
Section 3507(d)(1) of title 46, United States Code, is amended by inserting (taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate) after a sexual assault.
Section 3507 of title 46, United States Code, is amended—
in subsection (f)—
in paragraph (1)—
in subparagraph (A) by striking and at the end; and
by inserting after subparagraph (B) the following:
a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and
by striking paragraph (2) and inserting the following:
ensure that the procedures and restrictions are—
fully and properly implemented;
reviewed annually; and
updated as necessary.
Section 70103(c) of title 46, United States Code, is amended by adding at the end the following:
The Secretary may conduct no-notice exercises in Captain of the Port Zones (as described in part 3 of title 33, Code of Federal Regulations as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) involving a facility or vessel required to maintain a security plan under this subsection.
Section 11304(a)(2)(A)(i) of the Don Young Coast Guard Reauthorization Act of 2022 (division K of Public Law 117–263; 16 U.S.C. 1390 note) is amended by striking 4 years and inserting 6 years.
Section 11320 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263; 136 Stat. 4092) is amended by striking during the period and all that follows through the period at the end and inserting until December 31, 2029..
Section 3316(d) of title 46, United States Code, is amended—
by amending paragraph (2)(B)(i) to read as follows:
the government of the foreign country in which the foreign society is headquartered—
delegates that authority to the American Bureau of Shipping; or
does not delegate that authority to any classification society; or
by adding at the end the following:
Nothing in this subsection authorizes the Secretary to make a delegation under paragraph (2) to a classification society from the People’s Republic of China.
Chapter 47 of title 46, United States Code, is amended—
in the chapter heading by striking Barges and inserting Vessels;
by inserting before section 4701 the following:
by adding at the end the following:
In this subchapter:
The term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days.
The term covered vessel means a vessel that is not a barge to which subchapter I applies.
The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
The term Native Hawaiian organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States.
With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall—
attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and
notify such owner—
of the penalty described in subsection (c); and
that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel.
The Commandant shall provide the notice required under subparagraph (A)—
if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or
if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard.
The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned.
The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a).
The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1).
The Commandant shall not assess a penalty if the Commandant determines the vessel was abandoned due to major extenuating circumstances of the owner or operator of the vessel, including long term medical incapacitation of the owner or operator.
The Commandant may not determine that a covered vessel is abandoned under this section if—
such vessel is located at a federally approved or State approved mooring area;
such vessel is located on private property with the permission of the owner of such property;
the owner or operator of such vessel provides a notification to the Commandant that—
indicates the location of the vessel;
indicates that the vessel is not abandoned; and
contains documentation proving that the vessel is allowed to be in such location; or
the Commandant determines that such an abandonment determination would not be in the public interest.
Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned.
The inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel.
The Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard.
In carrying out this section, the Commandant shall develop a process by which—
a State, Indian Tribe, Native Hawaiian organization, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a);
the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.
Except in a response action carried out under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321) or in the case of imminent threat to life and safety, the Commandant shall not be responsible for removing any covered vessels listed on the inventory established and maintained under subsection (a).
The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of chapter 47 of title 46, United States Code (as added by this section).
Chapter 47 of title 46, United States Code, is amended—
in section 4701—
in the matter preceding paragraph (1) by striking chapter and inserting subchapter; and
in paragraph (2) by striking chapter and inserting subchapter;
in section 4703 by striking chapter and inserting subchapter;
in section 4704 by striking chapter each place it appears and inserting subchapter; and
in section 4705 by striking chapter and inserting subchapter.
The analysis for chapter 47 of title 46, United States Code, is amended—
by inserting before the item relating to section 4701 the following:
by adding at the end the following:
Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the following:
The President, acting through the Secretary of the department in which the Coast Guard is operating unless otherwise delegated by the President, may require—
periodic inspection of vessels and salvage equipment, firefighting equipment, and other major marine casualty response equipment on or associated with vessels;
periodic verification of capabilities to appropriately, and in a timely manner, respond to a marine casualty, including—
drills, with or without prior notice;
review of contracts and relevant third-party agreements;
testing of equipment;
review of training; and
other evaluations of marine casualty response capabilities, as determined appropriate by the President; and
carrying of appropriate response equipment for responding to a marine casualty that employs the best technology economically feasible and that is compatible with the safe operation of the vessel.
In this paragraph:
The term marine casualty means a marine casualty that is required to be reported pursuant to paragraph (3), (4), or (5) of section 6101 of title 46, United States Code.
The term salvage equipment means any equipment that is capable of being used to assist a vessel in potential or actual danger in order to prevent loss of life, damage or destruction of the vessel or its cargo, or release of its contents into the marine environment.
Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—
the state of marine firefighting authorities, jurisdiction, and plan review; and
other considerations with respect to fires at waterfront facilities (including vessel fires) and vessel fires on the navigable waters (as such term is defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)).
In carrying out paragraph (1), the Comptroller General shall—
examine—
collaboration among Federal and non-Federal entities for purposes of reducing the risks to local communities of fires described in paragraph (1);
the prevalence and frequency of such fires; and
the extent to which firefighters and marine firefighters are aware of the dangers of lithium-ion battery fires, including lithium-ion batteries used for vehicles, and how to respond to such fires;
review methods of documenting and sharing best practices throughout the maritime community for responding to vessel fires; and
make recommendations for—
preparing for, responding to, and training for such fires;
clarifying roles and responsibilities of Federal and non-Federal entities in preparing for, responding to, and training for such fires; and
other topics for consideration.
Section 6308 of title 46, United States Code, is amended—
in subsection (a) by striking initiated and inserting conducted; and
by adding at the end the following:
For purposes of this section, an administrative proceeding conducted by the United States includes proceedings under section 7701 and claims adjudicated under section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713).
Section 1017 of the Oil Pollution Act of 1990 (33 U.S.C. 2717) is amended by adding at the end the following:
Before the date of completion of a removal action, no person may bring an action under this Act, section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), or chapter 7 of title 5, United States Code, challenging any decision relating to such removal action that is made by an on-scene coordinator appointed under the National Contingency Plan.
Not later than 1 year after the date of the enactment of this Act, the National Response Center shall submit to Congress a plan to design, fund, and staff the National Response Center to develop and maintain a web-based application by which the National Response Center may receive notifications of oil discharges or releases of hazardous substances.
Not later than 2 years after the date on which the plan is submitted under subsection (a), the National Response Center shall—
complete development of the application described in such subsection; and
allow notifications described in such subsection that are required under Federal law or regulation to be made online using such application.
In carrying out subsection (b), the National Response Center may not require the notification of an oil discharge or release of a hazardous substance to be made using the application developed under such subsection.
Section 350 of Public Law 106–113 (43 U.S.C. 1474b note) is amended—
by striking paragraph (5);
by redesignating paragraphs (2), (3), (4), (6), and (7) as subsections (c), (d), (e), (f), and (g), respectively, and indenting the subsections appropriately;
in paragraph (1)—
by striking (1) Notwithstanding any other provision of law and subject to the provisions of paragraphs (5) and (7) and inserting the following:
In this section:
The term Consent Decree means the consent decree issued in United States v. Exxon Corporation, et al. (No. A91-082 CIV) and State of Alaska v. Exxon Corporation, et al. (No. A91–083 CIV).
The term Fund means the Natural Resource Damage Assessment and Restoration Fund established pursuant to title I of the Department of the Interior and Related Agencies Appropriations Act, 1992 (43 U.S.C. 1474b).
The term outside account means any account outside the United States Treasury.
The term Trustee means a Federal or State natural resource trustee for the Exxon Valdez oil spill.
Notwithstanding any other provision of law and subject to subsection (g)
in subsection (b)(1) (as so designated)—
in the matter preceding subparagraph (A) by striking issued in United States v. Exxon Corporation, et al. (No. A91–082 CIV) and State of Alaska v. Exxon Corporation, et al. (No. A91–083 CIV) (hereafter referred to as the Consent Decree),;
by striking subparagraphs (A) and (B) and inserting the following:
the Fund;
an outside account; or
in the undesignated matter following subparagraph (C)—
by striking the Federal and State natural resource trustees for the Exxon Valdez oil spill (trustees) and inserting the Trustees; and
by striking Any funds and inserting the following:
Any funds
in subsection (c) (as redesignated by paragraph (2)) by striking (c) Joint and inserting the following:
Any joint
in subsection (d) (as redesignated by paragraph (2)) by striking (d) The transfer and inserting the following:
The transfer
in subsection (e) (as redesignated by paragraph (2))—
by striking (e) Nothing herein shall affect and inserting the following:
Nothing in this section affects
by striking trustees and inserting Trustees;
in subsection (f) (as redesignated by paragraph (2))—
by striking (f) The Federal trustees and the State trustees and inserting the following:
The Trustees
by striking this program and inserting this section, prioritizing the issuance of grants to facilitate habitat protection and habitat restoration programs; and
in subsection (g) (as redesignated by paragraph (2))—
in the second sentence, by striking Upon the expiration of the authorities granted in this section all and inserting the following:
On expiration of the authority provided in this section, all
by striking (g) The authority and inserting the following:
The authority
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the efforts of the Coast Guard to mitigate cases of sexual assault and sexual harassment within the service.
The report required under paragraph (1) shall—
evaluate—
the efforts of the Commandant to implement the directed actions from enclosure 1 of the memorandum titled Commandant's Directed Actions—Accountability and Transparency dated November 27, 2023;
whether the Commandant met the reporting requirements under section 5112 of title 14, United States Code; and
the effectiveness of the actions of the Coast Guard, including efforts outside of the actions described in the memorandum titled Commandant's Directed Actions—Accountability and Transparency dated November 27, 2023, to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard, and how the Coast Guard is overcoming challenges in implementing such actions;
make recommendations to the Commandant for improvements to the efforts of the service to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard; and
make recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate to mitigate instances of sexual assault and sexual harassment in the Coast Guard and improve the enforcement relating to such instances within the Coast Guard, including proposed changes to any legislative authorities.
Not later than 90 days after the date on which the Comptroller General completes all actions under subsection (a), the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the following:
A plan for Coast Guard implementation, including interim milestones and timeframes, of any recommendation made by the Comptroller General under subsection (a)(2)(B) with which the Commandant concurs.
With respect to any recommendation made under subsection (a)(2)(B) with which the Commandant does not concur, an explanation of the reasons why the Commandant does not concur.
Subchapter II of chapter 9 of title 14, United States Code, is amended by adding at the end the following:
Not later than 1 year after the date of the enactment of the Coast Guard Authorization Act of 2025, the Secretary, in consultation with the Office of the Inspector General of the department in which the Coast Guard is operating and the Office of the Inspector General of the Department of Defense, shall issue a comprehensive policy for the Coast Guard on the retention of and access to evidence and records relating to covered misconduct involving members of the Coast Guard.
The comprehensive policy required by subsection (a) shall revise existing policies and procedures, including systems of records, as necessary to ensure preservation of such evidence and records for periods sufficient—
to ensure that members of the Coast Guard who were victims of covered misconduct are able to pursue claims for veterans benefits;
to support administrative processes, criminal proceedings, and civil litigation conducted by military or civil authorities; and
for such other purposes relating to the documentation of an incident of covered misconduct in the Coast Guard as the Secretary considers appropriate.
In developing the comprehensive policy required by subsection (a), the Secretary shall, at a minimum—
identify records relating to an incident of covered misconduct that shall be retained;
with respect to records relating to covered misconduct involving members of the Coast Guard that are not records of the Coast Guard, identify such records known to or in the possession of the Coast Guard, and set forth procedures for Coast Guard coordination with the custodian of such records for proper retention of the records;
set forth criteria for the collection and retention of records relating to covered misconduct involving members of the Coast Guard;
identify physical evidence and nondocumentary forms of evidence relating to covered misconduct that shall be retained;
set forth the period for which evidence and records relating to covered misconduct involving members of the Coast Guard, including Coast Guard Form 6095, shall be retained, except that—
any physical or forensic evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years, and for other covered misconduct not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice; and
documentary evidence relating to rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), shall be retained not less than 50 years;
consider locations in which such records shall be stored;
identify media and methods that may be used to preserve and ensure access to such records, including electronic systems of records;
ensure the protection of privacy of—
individuals named in records and status of records under section 552 of title 5 (commonly referred to as the Freedom of Information Act) and section 552a of title 5 (commonly referred to as the Privacy Act); and
individuals named in restricted reporting cases;
designate the 1 or more positions within the Coast Guard that shall have the responsibility for such record retention by the Coast Guard;
require education and training for members and civilian employees of the Coast Guard on record retention requirements under this section;
set forth criteria for access to such records relating to covered misconduct involving members of the Coast Guard, including whether the consent of the victim should be required, by—
victims of covered misconduct;
law enforcement authorities;
the Department of Veterans Affairs; and
other individuals and entities, including alleged assailants;
require uniform collection of data on—
the incidence of covered misconduct in the Coast Guard; and
disciplinary actions taken in substantiated cases of covered misconduct in the Coast Guard; and
set forth standards for communications with, and notifications to, victims, consistent with—
the requirements of any applicable Department of Defense policy; and
to the extent practicable, any applicable policy of the department in which the Coast Guard is operating.
The comprehensive policy required by subsection (a) shall require all unique or original copies of Coast Guard Form 6095 filed in connection with a restricted or unrestricted report on an alleged incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard to be retained for the longer of—
50 years commencing on the date of signature of the covered person on Coast Guard Form 6095; or
the time provided for the retention of such form in connection with unrestricted and restricted reports on incidents of sexual assault involving members of the Coast Guard under Coast Guard policy.
Any Coast Guard form retained under subparagraph (A) shall be retained in a manner that protects the confidentiality of the member of the Coast Guard concerned in accordance with Coast Guard policy.
The comprehensive policy required by subsection (a) shall require, for all criminal investigations relating to an alleged incident of covered misconduct involving a member of the Coast Guard, the retention of all elements of the case file.
The elements of the case file to be retained under subparagraph (A) shall include, at a minimum—
the case activity record;
the case review record;
investigative plans; and
all case notes made by any investigating agent.
All elements of the case file shall be retained for not less than 50 years for cases involving rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), and not less than the statute of limitations of the alleged offense under the Uniform Code of Military Justice for other covered misconduct, and no element of any such case file may be destroyed until the expiration of such period.
Notwithstanding the records and evidence retention requirements described in paragraphs (1)(E) and (2), personal property retained as evidence in connection with an incident of rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice), involving a member of the Coast Guard may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident, as determined by the Commandant.
The Secretary shall prescribe procedures under which a victim who files a restricted report of an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination.
The procedures required by subparagraph (A) shall ensure that—
a request by a victim for the return of personal property described under subparagraph (A) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and
at the time of the filing of the restricted report, a Special Victims’ Counsel, Sexual Assault Response Coordinator, or Sexual Assault Prevention and Response Victim Advocate—
informs the victim that the victim may request the return of personal property as described in such subparagraph; and
advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication if the victim later decides to convert the restricted report to an unrestricted report.
Except with respect to personal property returned to a victim under this paragraph, nothing in this paragraph may be construed to affect the requirement to retain a sexual assault forensic examination kit for the period specified in paragraph (2).
With respect to victim access to records after all final disposition actions and any appeals have been completed, as applicable, the comprehensive policy required by subsection (a) shall provide that, to the maximum extent practicable, and in such a manner that will not jeopardize an active investigation or an active case—
a victim of covered misconduct in a case in which either the victim or alleged perpetrator is a covered person shall have access to all records that are directly related to the victim’s case, or related to the victim themselves, in accordance with the policy issued under subsection (a) and subject to required protections under sections 552 and 552a of title 5;
a victim of covered misconduct who requests access to records under section 552 or 552a of title 5 concerning the victim’s case shall be determined to have a compelling need, and the records request shall be processed under expedited processing procedures, if in the request for such records the victim indicates that the records concerned are related to the covered misconduct case;
in applying sections 552 and 552a of title 5 to the redaction of information related to a records request by a victim of covered misconduct made under such sections after all final disposition actions and any appeals have been completed—
any such redaction shall be applied to the minimum extent possible so as to ensure the provision of the maximum amount of unredacted information to the victim that is permissible by law; and
any such redaction shall not be applied to—
receipt by the victim of the victim’s own statement; or
the victim’s information from an investigation; and
in the case of such a records request for which the timelines for expedited processing are not met, the Commandant shall provide to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a briefing that explains the reasons for the denial or the delay in processing, as applicable.
In this section, the term covered person includes—
a member of the Coast Guard on active duty;
a member of the Coast Guard Reserve with respect to crimes investigated by or reported to the Secretary on any date on which such member is in a military status under section 802 of title 10 (article 2 of the Uniform Code of Military Justice);
a former member of the Coast Guard with respect to crimes investigated by or reported to the Secretary; and
in the case of an investigation of covered misconduct conducted by, or an incident of covered misconduct reported to, the Coast Guard involving a civilian employee of the Coast Guard, any such civilian employee of the Coast Guard.
Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.
Subchapter II of chapter 9 of title 14, United States Code, is further amended by adding at the end the following:
The Commandant shall maintain all work product related to documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of an offense against chapter 47 of title 10.
Work product documents and the case action summary described in subsection (c) shall be maintained for a period of not less than 7 years from the date of the disposition decision.
Upon a final disposition action for cases described in subsection (a), except for offenses of wrongful use or possession of a controlled substance under section 912a of title 10 (article 112a of the Uniform Code of Military Justice), where the member accused is an officer of pay grade O–4 and below or an enlisted member of pay grade E–7 and below, a convening authority shall sign a case action summary that includes the following:
The disposition actions.
The name and command of the referral authority.
Records documenting when a referral authority consulted with a staff judge advocate or special trial counsel, as applicable, before a disposition action was taken, to include the recommendation of the staff judge advocate or special trial counsel.
A reference section listing the materials reviewed in making a disposition decision.
The Coast Guard Investigative Service report of investigation.
The completed Coast Guard Investigative Service report of adjudication included as an enclosure.
In this section, the term work product includes—
a prosecution memorandum;
emails, notes, and other correspondence related to a disposition decision; and
the contents described in paragraphs (1) through (6) of subsection (c).
Nothing in this section authorizes or requires, or shall be construed to authorize or require, the discovery, inspection, or production of reports, memoranda, or other internal documents or work product generated by counsel, an attorney for the Government, or their assistants or representatives.
The analysis for chapter 9 of title 14, United States Code, is amended by adding at the end the following:
Section 1902 of title 14, United States Code, is further amended by adding at the end the following:
The Commandant shall provide for timely consideration of and action on a request submitted by a cadet appointed to the Coast Guard Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of title 10 (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.
The Commandant, in consultation with the Secretary of Defense, shall establish policies to carry out this subsection that—
provide that the Superintendent shall ensure that any cadet who has been appointed to the Coast Guard Academy is informed of the right to request a transfer pursuant to this subsection, and that any formal request submitted by a cadet who alleges an offense referred to in paragraph (1) is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;
direct the Superintendent, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—
to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;
to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
upon approval of such request for transfer, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible, subject to the considerations described in clause (iv); and
in determining the transfer date of the cadet to the military service academy concerned, to take into account—
the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
the well-being of the cadet; and
direct the Superintendent of the Coast Guard Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—
to take action on a request for transfer under this subsection not later than 5 calendar days after receiving the formal request from the cadet;
subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the request;
to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible, subject to the considerations described in clause (iv); and
in determining the transfer date of the cadet to the institution of higher education to which the cadet wishes to transfer, to take into account—
the preferences of the cadet, including any preference to delay transfer until the completion of any academic course in which the cadet is enrolled at the time of the request for transfer; and
the well-being of the cadet.
If the Superintendent denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary, who shall take action on such request for review not later than 5 calendar days after receipt of such request.
The Secretary shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
A cadet who transfers under this subsection may retain the cadet’s appointment to the Coast Guard Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of title 10.
Upon graduation, a graduate of the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy who transferred to that academy under this subsection is entitled to be accepted for appointment as a permanent commissioned officer in the Regular Coast Guard in the same manner as graduates of the Coast Guard Academy, as set forth in section 2101 of this title.
A cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and indicates a preference pursuant to clause (ii) may be appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
A cadet seeking appointment as a commissioned officer in an armed force associated with the academy from which the cadet graduated under clause (i) shall, before graduating from that academy, indicate to the Commandant that the cadet has a preference for appointment to that armed force.
The Commandant shall consider a preference of a cadet indicated pursuant to clause (ii), but may require the cadet to serve as a permanent commissioned officer in the Regular Coast Guard instead of being appointed as a commissioned officer in an armed force associated with the academy from which the cadet graduated.
With respect to a service agreement entered into under section 1925 of this title by a cadet who transfers under this subsection to the United States Military Academy, the United States Air Force Academy, or the United States Naval Academy and is appointed as a commissioned officer in an armed force associated with that academy, the service obligation undertaken under such agreement shall be considered to be satisfied upon the completion of 5 years of active duty service in the service of such armed force.
A cadet who transfers under this subsection to a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education is entitled upon graduation from the Senior Reserve Officers’ Training program to commission into the Coast Guard, as set forth in section 3738a of this title.
Subchapter I of chapter 21 of title 14, United States Code is amended by adding at the end the following:
The Secretary may designate a limited number of officers of the Coast Guard as having particular expertise in—
military justice; or
healthcare.
An individual designated under this section—
shall not be included on the active duty promotion list;
shall be promoted under section 2126; and
may not be promoted to a grade higher than captain.
The analysis for chapter 21 of title 14, United States Code, is amended by inserting after the item relating to section 2131 the following:
Section 2102(a) of title 14, United States Code, is amended, in the second sentence by striking and officers of the permanent commissioned teaching staff of the Coast Guard Academy and inserting officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers designated by the Secretary pursuant this section.
Subsection (e) of section 2103 of title 14, United States Code, is amended to read as follows:
The Secretary shall prescribe the number of officers authorized to be serving on active duty in each grade of—
the permanent commissioned teaching staff of the Coast Guard Academy;
the officers designated by the Secretary pursuant to this section; and
the officers of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components.
Section 2126 of title 14, United States Code, is amended, in the second sentence, by inserting and as to officers designated by the Secretary pursuant to this section after reserve components.
Section 3736(a) of title 14, United States Code, is amended—
in the first sentence by striking promotion list and the and inserting promotion list, officers designated by the Secretary pursuant to this section, and the officers on the; and
in the second sentence by striking promotion list or the and inserting promotion list, officers designated by the Secretary pursuant to this section, or the officers on the.
Subchapter I of chapter 19 of title 14, United States Code, is further amended by adding at the end the following:
Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Commandant shall, in consultation with the Secretaries of the military departments, establish and maintain a safe-to-report policy described in subsection (b) that applies with respect to all members of the Coast Guard (including members of the reserve and auxiliary components of the Coast Guard), cadets at the Coast Guard Academy, and any other individual undergoing training at an accession point of the Coast Guard.
The safe-to-report policy described in this subsection is a policy that—
prescribes the handling of minor collateral misconduct, involving a member of the Coast Guard who is the alleged victim or reporting witness of a sexual assault; and
applies to all such individuals, regardless of—
to whom the victim makes the allegation or who receives the victim’s report of sexual assault; or
whether the report, investigation, or prosecution is handled by military or civilian authorities.
In issuing the policy under subsection (a), the Commandant shall specify mitigating circumstances that decrease the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline and aggravating circumstances that increase the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline for purposes of the safe-to-report policy.
In conjunction with the issuance of the policy under subsection (a), the Commandant shall develop and implement a process to anonymously track incidents of minor collateral misconduct that are subject to the safe-to-report policy.
In this section, the term minor collateral misconduct means any minor misconduct that is potentially punishable under chapter 47 of title 10 that—
is committed close in time to or during a sexual assault and directly related to the incident that formed the basis of the allegation of sexual assault allegation;
is discovered as a direct result of the report of sexual assault or the ensuing investigation into such sexual assault; and
does not involve aggravating circumstances (as specified in the policy issued under subsection (a)) that increase the gravity of the minor misconduct or the impact of such misconduct on good order and discipline.
The analysis for chapter 19 of title 14, United States Code, is further amended by inserting after the item relating to section 1908 (as added by this Act) the following:
Section 1902 of title 14, United States Code, is further amended—
in the section heading by striking Policy on sexual harassment and sexual violence and inserting Academy policy and report on covered misconduct; and
by striking subsections (c) through (e) and inserting the following:
The Commandant shall direct the Superintendent of the Coast Guard Academy to conduct at the Coast Guard Academy during each Academy program year an assessment to determine the effectiveness of the policies of the Academy with respect to covered misconduct involving cadets or other military or civilian personnel of the Academy.
For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Superintendent shall conduct a survey of cadets and other military and civilian personnel of the Academy—
to measure the incidence, during such program year—
of covered misconduct events, on or off the Academy campus, that have been reported to an official of the Academy;
of covered misconduct events, on or off the Academy campus, that have not been reported to an official of the Academy; and
of retaliation related to a report of a covered misconduct event, on or off the Academy campus; and
to assess the perceptions of the cadets and other military and civilian personnel of the Academy with respect to—
the Academy’s policies, training, and procedures on covered misconduct involving cadets and other military and civilian personnel of the Academy;
the enforcement of such policies;
the incidence of covered misconduct involving cadets and other military and civilian personnel of the Academy; and
any other issues relating to covered misconduct involving cadets and other military and civilian personnel of the Academy.
Not earlier than 1 year after the date of the enactment of the Coast Guard Authorization Act of 2025, and each March 1 thereafter through March 1, 2031, the Commandant shall direct the Superintendent to submit to the Commandant a report on incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military and civilian personnel of the Academy.
Each report required under paragraph (1) shall include the following:
Information and data on all incidents of covered misconduct and retaliation described in paragraph (1) reported to the Superintendent or any other official of the Academy during the preceding Academy program year (referred to in this subsection as a reported incident),
The number of reported incidents committed against a cadet or any other military or civilian personnel of the Academy.
The number of reported incidents committed by a cadet or any other military or civilian personnel of the Academy.
Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.
The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match.
The number of reported incidents that were substantiated (referred to in this subsection as a substantiated reported incident).
A synopsis of each substantiated reported incident that includes—
a brief description of the nature of the incident;
whether the accused cadet or other military or civilian personnel of the Academy had previously been convicted of sexual assault; and
whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
The type of case disposition associated with each substantiated reported incident, such as—
conviction and sentence by court-martial, including charges and specifications for which convicted;
acquittal of all charges at court-martial;
as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
as appropriate, administrative action taken, including a description of each type of such action imposed;
dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
whether the accused cadet or other military or civilian personnel of the Academy was administratively separated or, in the case of an officer, allowed to resign in lieu of court martial, and the characterization (honorable, general, or other than honorable) of the service of the military member upon separation or resignation.
With respect to any incident of covered misconduct involving cadets or other military and civilian personnel of the Academy reported to the Superintendent or any other official of the Academy during the preceding Academy program year that involves a report of retaliation relating to the incident—
a narrative description of the retaliation claim;
the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
With respect to any investigation of a reported incident—
whether the investigation is in open or completed status;
an identification of the investigating entity;
whether a referral has been made to outside law enforcement entities;
in the case of an investigation that is complete, a description of the results of such an investigation and information with respect to whether the results of the investigation were provided to the complainant; and
whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).
With respect to the information and data required under subparagraph (A), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
Subject to subsection (f), beginning on the date of enactment of the Coast Guard Authorization Act of 2025, each report required under paragraph (1) shall include an analysis of trends in incidents described in paragraph (1), as applicable, since the date of the enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).
Each report required under paragraph (1) shall include, for the preceding Academy program year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in paragraph (1) involving a cadet or any other military or civilian personnel of the Academy.
Each report required under paragraph (1) shall include a plan for actions to be taken during the year following the Academy program year covered by the report to enhance the prevention of and response to incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy.
Each report required under paragraph (1) shall include an assessment of the adequacy of covered misconduct prevention and response carried out by the Academy during the preceding Academy program year.
Each report required under paragraph (1) shall include, for incidents of covered misconduct and retaliation for reporting of covered misconduct involving cadets or other military or civilian personnel of the Academy—
an analysis of the factors that may have contributed to such incidents;
an assessment of the role of such factors in contributing to such incidents during such Academy program year; and
recommendations for mechanisms to eliminate or reduce such contributing factors.
Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted under subsection (c)(2) in such Academy program year.
For each Academy program year with respect to which the Superintendent is not required to conduct a survey at the Academy under subsection (c)(2), the Commandant shall require focus groups to be conducted at the Academy for the purpose of ascertaining information relating to covered misconduct issues at the Academy.
Not later than 270 days after the date on which the Commandant receives a report from the Superintendent under paragraph (1), the Commandant 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, as an enclosure or appendix to the report required by section 5112—
the report of the Superintendent;
the comments of the Commandant with respect to the report; and
relevant information gathered during a focus group under subparagraph (A) during the Academy program year covered by the report, as applicable.
Not later than 180 days after the date on which the Commandant submits a report under subparagraph (A), the Commandant shall provide a briefing on the report submitted under subparagraph (A) to—
the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and
the Secretary of Homeland Security.
To the extent that information collected or reported under the authority of this section, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.
In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.
Section 5112 of title 14, United States Code, is amended to read as follows:
Not later than March 1 each year, the Commandant 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 on incidents of covered misconduct involving members of the Coast Guard, including recruits and officer candidates, and claims of retaliation related to the reporting of any such incident.
In carrying out this section, the Commandant shall ensure the continuity of data collection and reporting such that the ability to analyze trends is not compromised.
Each report required under subsection (a) shall include, for the preceding calendar year, information and data on—
incidents of covered misconduct; and
incidents of retaliation against a member of the Coast Guard related to the reporting of covered misconduct, disaggregated by type of retaliation claim.
The information and data on the incidents described in clause (i) shall include the following:
All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a reported incident).
The number of reported incidents committed against members of the Coast Guard.
The number of reported incidents committed by members of the Coast Guard.
Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.
The number of reported incidents that were entered into the Catch a Serial Offender system, including the number of such incidents that resulted in the identification of a potential or confirmed match.
The number of reported incidents that were substantiated (referred to in this subsection as a substantiated reported incident).
A synopsis of each substantiated reported incident that includes—
a brief description of the nature of the incident;
whether the accused member has previously been convicted of sexual assault; and
whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
The type of case disposition associated with each substantiated reported incident, such as—
conviction and sentence by court-martial, including charges and specifications for which convicted;
acquittal of all charges at court-martial;
as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
as appropriate, administrative action taken, including a description of each type of such action imposed;
dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation.
With respect to any incident of covered misconduct reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident—
a narrative description of the retaliation claim;
the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident.
With respect to any investigation of a reported incident—
the status of the investigation or information relating to any referral to outside law enforcement entities;
the official or office of the Coast Guard that received the complaint;
a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or
whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).
With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
Subject to subsection (b), beginning on the date of enactment of the Coast Guard Authorization Act of 2025, each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).
Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving a member of the Coast Guard.
Each report required under subsection (a) shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving members of the Coast Guard.
Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) carried out by the Coast Guard during the preceding calendar year.
Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—
an analysis of the factors that may have contributed to such incidents;
an assessment of the role of such factors in contributing to such incidents during such year; and
recommendations for mechanisms to eliminate or reduce such contributing factors.
Subject to subsection (b), each report required under subsection (a) shall include, as a separate appendix or enclosure, for the preceding calendar year, information and data on—
incidents of covered misconduct involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School; and
incidents of retaliation against such a recruit or officer candidate related to the reporting of covered misconduct, disaggregated by type of retaliation claim.
The information and data on the incidents described in clause (i) shall include the following:
All incidents of covered misconduct and retaliation described in clause (i) reported to the Commandant or any other official of the Coast Guard during the preceding calendar year (referred to in this subsection as a reported incident).
The number of reported incidents committed against recruits and officer candidates described in clause (i)(I).
The number of reported incidents committed by such recruits and officer candidates.
Information on reported incidents, in accordance with the policy prescribed under section 549G(b) of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1561 note), to the maximum extent practicable.
The number of reported incidents that were entered into the Catch a Serial Offender system.
Of such reported incidents entered into such system, the number that resulted in the identification of a potential or confirmed match.
The number of reported incidents that were substantiated (referred to in this subsection as a substantiated reported incident).
A synopsis of each substantiated reported incident that includes—
a brief description of the nature of the incident; and
whether alcohol or other controlled or prohibited substances were involved in the incident, and a description of the involvement.
The type of case disposition associated with each substantiated reported incident, such as—
conviction and sentence by court-martial, including charges and specifications for which convicted;
acquittal of all charges at court-martial;
as appropriate, imposition of a nonjudicial punishment under section 815 of title 10 (article 15 of the Uniform Code of Military Justice);
as appropriate, administrative action taken, including a description of each type of such action imposed;
dismissal of all charges, including a description of each reason for dismissal and the stage at which dismissal occurred; and
whether the accused member was administratively separated or, in the case of an officer, allowed to resign in lieu of court-martial, and the characterization (honorable, general, or other than honorable) of the service of the member upon separation or resignation.
With respect to any incident of covered misconduct involving recruits or officer candidates reported to the Commandant or any other official of the Coast Guard during the preceding calendar year that involves a report of retaliation relating to the incident—
a narrative description of the retaliation claim;
the nature of the relationship between the complainant and the individual accused of committing the retaliation; and
the nature of the relationship between the individual accused of committing the covered misconduct and the individual accused of committing the retaliation.
The disposition of or action taken by the Coast Guard or any other Federal, State, local, or Tribal entity with respect to a substantiated reported incident.
With respect to any investigation of a reported incident—
the status of the investigation or information relating to any referral to outside law enforcement entities;
the official or office of the Coast Guard that received the complaint;
a description of the results of such an investigation or information with respect to whether the results of the investigation were provided to the complainant; or
whether the investigation substantiated an offense under chapter 47 of title 10 (the Uniform Code of Military Justice).
With respect to the information and data required under clause (i), the Commandant shall report such information and data separately for each type of covered misconduct offense, and shall not aggregate the information and data for multiple types of covered misconduct offenses.
Subject to subsection (b), beginning on the date of enactment of Coast Guard Authorization Act of 2025, each report required by subsection (a) shall include, for the preceding calendar year, an analysis or assessment of trends in the occurrence, as applicable, of incidents described in subparagraph (A)(i), since the date of enactment of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213).
Each report required under subsection (a) shall include, for the preceding calendar year, a description of the policies, procedures, processes, initiatives, investigations (including overarching investigations), research, or studies implemented by the Commandant in response to any incident described in subparagraph (A)(i) involving—
a recruit of the Coast Guard at Training Center Cape May; or
an officer candidate at the Coast Guard Officer Candidate School.
Each report required under subsection (a) shall include a plan for actions to be taken during the year following the year covered by the report to enhance the prevention of and response to incidents described in subparagraph (A)(i) involving a recruit of the Coast Guard at Training Center Cape May or an officer candidate at the Coast Guard Officer Candidate School.
Each report required under subsection (a) shall include an assessment of the adequacy of covered misconduct prevention and response activities related to incidents described in subparagraph (A)(i) of this paragraph carried out by the Coast Guard during the preceding calendar year.
Each report required under subsection (a) shall include, for incidents described in subparagraph (A)(i)—
an analysis of the factors that may have contributed to such incidents;
an assessment of the role of such factors in contributing to such incidents during such year; and
recommendations for mechanisms to eliminate or reduce such contributing factors.
Each report required under subsection (a) submitted during the 5-year period beginning on March 1, 2025, shall include information on the implementation by the Commandant of the directed actions described in the memorandum of the Coast Guard titled Commandant’s Directed Actions—Accountability and Transparency, issued on November 27, 2023, including—
a description of actions taken to address each directed action during the year covered by the report;
the implementation status of each directed action;
in the case of any directed action that has not been implemented—
a detailed action plan for implementation of the recommendation;
an estimated timeline for implementation of the recommendation;
description of changes the Commandant intends to make to associated Coast Guard policies so as to enable the implementation of the recommendation; and
any other information the Commandant considers appropriate;
a description of the metrics and milestones used to measure completion, accountability, and effectiveness of each directed action;
a description of any additional actions the Commandant is taking to mitigate instances of covered misconduct within the Coast Guard;
any legislative change proposal necessary to implement the directed actions; and
a detailed list of funding necessary to implement the directed actions in a timely and effective manner, including a list of personnel needed for such implementation.
To the extent that information collected under the authority of this section is reported or otherwise made available to the public, such information shall be provided in a form that is consistent with applicable privacy protections under Federal law and does not jeopardize the confidentiality of victims.
In this section, the term substantiated has the meaning given the term under section 1631(c) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note).
The table of sections for chapter 19 of title 14, United States Code, is amended by striking the item relating to section 1902 and inserting the following new item:
The table of sections for chapter 51 of title 14, United States Code, is amended by striking the item relating to section 5112 and inserting the following new item:
Section 2158 of title 14, United States Code, is amended in the matter preceding paragraph (1) by striking may at any time convene a board of officers and inserting shall prescribe, by regulation, procedures.
Section 2159(c) of such title is amended by striking send the record of its proceedings to a board of review and inserting recommend to the Secretary that the officer not be retained on active duty.
Section 2160 of title 14, United States Code, is repealed.
Title 14, United States Code, is amended—
in section 2161 by striking section 2158, 2159, or 2160 each place it appears and inserting section 2158 or 2159;
in section 2163, in the first sentence by striking board of review under section 2160 of this title and inserting board of inquiry under section 2159 of this title; and
in section 2164(a), in the matter preceding paragraph (1) by striking or 2160.
The analysis at the beginning of chapter 21 of title 14, United States Code, is amended by striking the item relating to section 2160.
Subchapter I of chapter 25 of title 14, United States Code, is further amended by adding at the end the following:
The decision to conduct a case review under this section shall be at the discretion of the Secretary of the department in which the Coast Guard is operating.
In addition to the requirements of section 1553 of title 10, a board of review for a former member of the Coast Guard established pursuant to such section and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), may upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge to a general (under honorable conditions) discharge upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of title 10 (article 120, 120b, or 134 of the Uniform Code of Military Justice).
Any downgrade under paragraph (2) shall be supported by clear and convincing evidence.
The review board under paragraph (2) may not downgrade a discharge of a former member of the Coast Guard if the same action described in paragraph (2) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the department in which the Coast Guard is operating.
A review by a board established under section 1553 of title 10 and under part 51 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2025), shall be based on the records of the Coast Guard, and with respect to a member who also served in another one of the armed forces, the records of the armed forces concerned and such other evidence as may be presented to the board.
A witness may present evidence to the board in person or by affidavit.
A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.
A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (b)(3) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.
Not later than 90 days after the date of enactment of this Act, the Commandant shall initiate a rulemaking to implement this section.
The regulations issued under paragraph (1) shall take effect not later than 180 days after the date on which the Commandant promulgates a final rule pursuant to such paragraph.
The analysis for chapter 25 of title 14, United States Code, is further amended by inserting after the item relating to section 2517 (as added by this Act) the following:
Section 7511(a) of title 46, United States Code, is amended—
in paragraph (1) by striking or;
in paragraph (2) by striking State, local, or Tribal law and inserting Federal, State, local, or Tribal law;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
section 920 or 920b of title 10 (article 120 and 120b of the Uniform Code of Military Justice); or
Subchapter I of chapter 25 of title 14, United States Code, is further amended by adding at the end the following:
In this title, the term covered misconduct means—
rape and sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice);
sexual harassment, as described in Executive Order 14062 dated January 26, 2022, and enumerated under section 934 of title 10 (article 134 of the Uniform Code of Military Justice);
abusive sexual contact and aggravated sexual contact, as described in sections 920(c) and 920(d) of title 10 (articles 120(c) and 120(d) of the Uniform Code of Military Justice);
wrongful broadcast, dissemination, or creation of content as described in sections 917 and 920c of title 10 (articles 117a and 120c of the Uniform Code of Military Justice);
the child pornography offenses as described in section 934 of title 10 (article 134 of the Uniform Code of Military Justice);
rape and sexual assault of a child, other sexual misconduct, and stalking, as described in sections 920b, 920c(a), and 930 of title 10 (articles 120b, 120c, and 130 of the Uniform Code of Military Justice); and
domestic violence, as described in section 928b of title 10 (article 128b of the Uniform Code of Military Justice).
The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item relating to section 2518 the following:
Chapter 51 of title 14, United States Code, is amended by adding at the end the following:
Beginning on March 30, 2026, and annually thereafter, the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with respect to each of the following:
Whether the Uniform Code of Military Justice (chapter 47 of title 10) has been amended—
to add any sex-related offense as a new article; or
to remove an article relating to covered misconduct described in any of paragraphs (1) through (7) of section 301.
Whether the Manual for Courts Martial has been modified—
to add any sex-related offense as an offense described under an article of the Uniform Code of Military Justice; or
to remove as an offense described under an article of the Uniform Code of Military Justice covered misconduct described in any of paragraphs (1) through (7) of section 301.
The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:
Section 1562a of title 10, United States Code, is amended—
in subsection (a)—
by striking The Secretary of Defense shall and inserting the following:
The Secretary of Defense shall
by adding at the end the following:
The Secretary of the department in which the Coast Guard is operating shall designate the Commandant of the Coast Guard to be responsible for carrying out the requirements of this section with respect to members of the Coast Guard when the Coast Guard is not operating as a service in the Navy.
in subsection (b)—
in the matter preceding paragraph (1) by inserting and the Commandant of the Coast Guard after Secretary;
in paragraph (8) by inserting before the period at the end or with respect to the Coast Guard, the component designated by the Commandant of the Coast Guard; and
in paragraph (4) by striking Department of Defense; and
in subsection (c)(2)—
in subparagraph (A) by inserting , the Inspector General of the Department of Homeland Security, before or any other inspector general;
in subparagraph (D) by striking military and inserting armed force; and
in subparagraph (E) by inserting or department in which the Coast Guard is operating when not operating as a service in the Navy for members of the Coast Guard after Department of Defense.
Not later than 180 days after the date of the enactment of this Act, the Commandant shall issue updated policies of the Coast Guard relating to military protective orders that are consistent with the law and policies of the Department of Defense.
The policies developed under paragraph (1) shall require—
that any denial of a request for a military protective order shall include a written explanation for the denial, which shall be—
forwarded to the next flag officer in the chain of command of the commanding officer or other approving authority who denied the request; and
provided to the member who submitted the request; and
the recusal of an approving authority from participating in the granting or denying of a military protective order, if such authority was, at any time—
the subject of a complaint of any form of assault, harassment, or retaliation filed by the member requesting the military protective order or the member who is the subject of the military protective order; or
associated with the member requesting the military protective order or the member who is the subject of the military protective order in a manner that presents as an actual or apparent conflict of interest.
The Commandant shall develop a policy to ensure that sexual assault response coordinators, victim advocates, and other appropriate personnel shall inform victims of the process by which the victim may request an expedited transfer, a no-contact order, or a military or civilian protective order.
Not later than 180 days after the date of enactment of this Act, the Commandant shall review the report of the Independent Review Commission titled Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military referred to in the memorandum of the Department of Defense titled Memorandum for Senior Pentagon Leadership Commanders of the Combatant Commands Defense Agency and DoD Field Activity Directors, dated September 22, 2021, (relating to commencing Department of Defense actions and implementation of the recommendations of the Independent Review Commission to address sexual assault and sexual harassment in the military).
On completion of the review required under subsection (a), and not later than 1 year after the date of enactment of this Act, the Commandant 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 strategy and action plan that—
identifies any recommendation set forth in the report by the Independent Review Commission described in subsection (a) that addresses a matter that is not within the jurisdiction of the Coast Guard, does not apply to the Coast Guard, or otherwise would not be beneficial to members of the Coast Guard, as determined by the Commandant; and
includes a brief rationale for such determination; and
with respect to each recommendation set forth in such report that is not identified under paragraph (1), includes—
a detailed action plan for implementation of the recommendation;
a description of changes the Commandant will make to associated Coast Guard policies so as to enable the implementation of the recommendation;
an estimated timeline for implementation of the recommendation;
the estimated cost of the implementation;
legislative proposals for such implementation, as appropriate; and
any other information the Commandant considers appropriate; or
in the case of such a recommendation that the Commandant is unable to implement, an explanation of the reason the recommendation cannot be implemented.
Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter through 2028, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the status of the implementation of this section and any modification to the strategy and plan submitted under subsection (b).
Not later than 180 days after the date of enactment of this Act, the Commandant shall issue Coast Guard policy relating to the care and support of members of the Coast Guard who are alleged victims covered misconduct.
The policy required by subsection (a) shall require, to the maximum extent practicable, that—
a member of the Coast Guard who is an alleged victim of covered misconduct and discloses such covered misconduct to the appropriate individual of the Coast Guard responsible for providing victim care and support—
shall receive care and support from such individual; and
such individual shall not deny or unreasonably delay providing care and support; and
in the case of such an alleged victim to whom care and support cannot be provided by the appropriate individual contacted by the alleged victim based on programmatic eligibility criteria or any other reason that affects the ability of such appropriate individual to provide care and support (such as being stationed at a remote unit or serving on a vessel currently underway) the alleged victim shall receive, with the permission of the alleged victim—
an in-person introduction to appropriate service providers, for which the alleged victim is physically present, which shall occur at the discretion of the alleged victim; and
access to follow-up services from the appropriate 1 or more service providers.
The policy issued under subsection (a) shall apply to—
all Coast Guard personnel responsible for the care and support of victims of covered misconduct; and
any other Coast Guard personnel the Commandant considers appropriate.
Not later than 180 days after the date of enactment of this Act, the Commandant shall issue or revise any Coast Guard policy or process relating to domestic abuse so as to define the term intimate partner to have the meaning given such term in section 930 of title 10, United States Code.
All Coast Guard personnel responsible for the care and support of members of the Coast Guard who are alleged victims of covered misconduct shall receive training in accordance with professional standards of practice to ensure that such alleged victims receive adequate care that is consistent with the policy issued under subsection (a).
The training required by paragraph (1)—
shall include—
instructions on specific procedures for implementing the policy issued under subsection (a); and
information on resources and personnel critical for the implementation of such policy; and
to the maximum extent practicable, shall be provided in person.
In this section, the term covered misconduct shall have the meaning given such term in section 2519 of title 14, United States Code (as added by this Act).
Section 573 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1561 note) is amended—
in subsection (a)—
by inserting or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy after Secretary of Defense; and
by striking Secretary of each military department and inserting Secretary concerned;
in subsection (b) by striking or Air Force Office of Special Investigations and inserting , Air Force Office of Special Investigations, or Coast Guard Investigative Services;
in subsection (c) by inserting or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy after Secretary of Defense;
in subsection (d)—
in paragraph (1)—
by inserting or the Commandant of the Coast Guard after Secretary of a military department; and
by inserting or the Coast Guard after within the military department;
in paragraph (2) by inserting or the Coast Guard after within a military department; and
by adding at the end the following:
Not later than 120 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary of the department in which the Coast Guard is operating, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing all the items described in subsections (e) and (f) as applied to the Coast Guard.
Not later than 270 days after the date of enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with a briefing on the Commandant’s assessment and implementation, as appropriate, of the recommendations included in the Center for Naval Analyses report titled Assessing the USCG’s Special Victims’ Counsel Program, issued in June 2024, including—
the implementation status of each adopted recommendation, as appropriate;
for each adopted recommendation, a description of actions taken to implement such recommendation;
in the case of an adopted recommendation that has not been fully implemented—
a description of actions taken or planned to address such recommendation;
an estimated completion date; and
a description of the milestones necessary to complete the recommendation;
a description of any recommendation that will not be adopted and an explanation of the reason the recommendation will not be adopted;
a description of the metrics and milestones used to ensure completion and effectiveness of each adopted recommendation;
a description of any additional actions the Commandant is taking to improve the efficiency and effectiveness of the Special Victims’ Counsel program of the Coast Guard;
any legislative change proposal necessary to implement the adopted recommendations; and
an overview of any funding or resource necessary to implement each adopted recommendation in a timely and effective manner, including a list of personnel needed for such implementation.
Section 2516 of title 14, United States Code, is amended—
in subsection (a)—
in paragraph (1)—
by striking or has been sexually assaulted during the preceding 2-year period; and
by striking or based on such sexual assault, the influence of and inserting the signs and symptoms of either;
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively;
by inserting after paragraph (1) the following:
A member of the Coast Guard who has been sexually assaulted during the preceding 5-year period and who alleges, based on such sexual assault, the signs and symptoms of a diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association—
is provided the opportunity to request a medical examination to clinically evaluate such signs and symptoms; and
receives such a medical examination to evaluate a diagnosis of post-traumatic stress disorder, traumatic brain injury, or diagnosable mental, behavioral, or emotional disorder described within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
in paragraph (3) by striking paragraph (1) and inserting this subsection; and
in paragraph (4), as so redesignated—
by inserting or a diagnosable mental, behavioral, or emotional disorder before under this subsection;
by inserting performed by after shall be; and
by striking subparagraphs (A) and (B) and inserting the following:
a board-certified psychiatrist;
a licensed doctorate-level psychologist;
any other appropriate licensed or certified healthcare professional designated by the Commandant; or
a psychiatry resident or board-eligible psychologist who—
has completed a 1-year internship or residency; and
is under the close supervision of a board-certified psychiatrist or licensed doctorate-level psychologist.
in subsection (b) by inserting or a diagnosable mental, behavioral, or emotional disorder after traumatic brain injury; and
by adding at the end the following:
Any member of the Coast Guard who receives a notice of involuntary administrative separation shall be advised at the time of such notice of the right of the member to request a medical examination under subsection (a) if any condition described in such subsection applies to the member.
The Commandant shall—
develop and issue a clear policy for carrying out the notification required under paragraph (1) with respect to any member of the Coast Guard described in that paragraph who has made an unrestricted report of sexual assault; and
provide information on such policy to sexual assault response coordinators of the Coast Guard for the purpose of ensuring that such policy is communicated to members of the Coast Guard who may be eligible for a medical examination under this section.
The Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy, acting through the Commandant, shall ensure the participation of the Coast Guard in the Catch a Serial Offender program (referred to in this section as the CATCH program) of the Department of Defense established in accordance with section 543 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291).
Not later than 60 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating and the Secretary of Defense shall finalize a memorandum of agreement to facilitate Coast Guard access to and participation in the CATCH program.
Subchapter I of chapter 25 of title 14, United States Code, is further amended by adding at the end the following:
Not later than 90 days after the date of enactment of the Coast Guard Authorization Act of 2025, the Secretary shall establish a policy to improve oversight, investigations, accountability, and public transparency regarding alleged misconduct of senior leaders of the Coast Guard.
The policy required by subsection (a)—
shall require that—
any allegation of alleged misconduct made against a senior leader of the Coast Guard shall be reported to the Office of the Inspector General of the department in which the Coast Guard is operating not later than 72 hours after the allegation is reported to the Coast Guard or the department in which the Coast Guard is operating; and
the Inspector General of the department in which the Coast Guard is operating shall notify the head of the Coast Guard office in which the senior leader is serving with respect to the receipt of such allegation, or, in a case where the senior leader is the head of such Coast Guard office, the next in the chain of command, as appropriate, except in a case in which the Inspector General determines that such notification would risk impairing an ongoing investigation, would unnecessarily compromise the anonymity of the individual making the allegation, or would otherwise be inappropriate; and
to the extent practicable, shall be consistent with Department of Defense directives, including Department of Defense Directive 5505.06.
The Inspector General of the department in which the Coast Guard is operating—
shall have the first right to investigate an allegation described in subsection (b)(1)(A); and
in cases with concurrent jurisdiction involving an allegation described in subsection (b)(1)(A), may investigate such an allegation to the exclusion of any other Coast Guard criminal or administrative investigation if the Inspector General determines that an exclusive investigation is necessary to maintain the integrity of the investigation.
The policy established under subsection (a) shall be made available to the public and incorporated into training and curricula across the Coast Guard at all levels to ensure broad understanding of the policy among members and personnel of the Coast Guard.
In this section:
The term alleged misconduct—
means a credible allegation that, if proven, would constitute a violation of—
a provision of criminal law, including the Uniform Code of Military Justice (chapter 47 of title 10); or
a recognized standard, such as the Department of Defense Joint Ethics Regulation or other Federal regulation, including any other Department of Defense regulation and any Department of Homeland Security regulation; or
could reasonably be expected to be of significance to the Secretary or the Inspector General of the department in which the Coast Guard is operating, particularly in a case in which there is an element of misuse of position or of unauthorized personal benefit to the senior official, a family member, or an associate.
The term senior leader of the Coast Guard means—
an active duty, retired, or reserve officer of the Coast Guard in the grade of O–7 or higher;
an officer of the Coast Guard selected for promotion to the grade of O–7;
a current or former civilian member of the Senior Executive Service employed by the Coast Guard; or
any civilian member of the Coast Guard whose position is deemed equivalent to that of a member of the Senior Executive Service, as determined by the Office of the Inspector General of the department in which the Coast Guard is operating, in concurrence with the Secretary acting through the Commandant.
The analysis for chapter 25 of title 14, United States Code, is further amended by inserting after the item relating to section 2519 (as added by this Act) the following:
Section 1561b of title 10, United States Code, is amended—
in subsection (a)—
by inserting and the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy after Secretary of Defense; and
by inserting or the Commandant after Secretary of a military department;
in subsection (c)—
by inserting or the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy after Secretary of Defense; and
in paragraph (1) by inserting departments or the Commandant after Secretaries of the military; and
by adding at the end the following:
Not later than April 30, 2025, and April 30 every 2 years thereafter, the Secretary of the department in which the Coast Guard is operating 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 data on the complaints of sexual harassment alleged pursuant to the process under subsection (a) during the previous 2 calendar years.
Any data on complaints described in paragraph (1) shall not contain any personally identifiable information.
Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the policy of the Coast Guard on whistleblower protections.
The report required by subsection (a) shall include the following:
A discussion of the policy of the Coast Guard as of the date of enactment of this Act with respect to—
whistleblower protections;
accountability measures for reprisal against whistleblowers;
the applicable professional standards and potential types of support provided to whistleblowers by members of the Coast Guard personnel, such as the members in the Coast Guard Investigative Service; and
the content and frequency of training provided to members of the Coast Guard on active duty, members of the Coast Guard Reserve, and civilian personnel of the Coast Guard with respect to the applicable professional standards and potential types of support offered to whistleblowers.
A description of the responsibilities of commanders and equivalent civilian supervisors with respect to whistleblower complaints and measures used by the Coast Guard to ensure compliance with such responsibilities, such as—
the mechanisms to ensure that—
any such commander complies with section 1034 of title 10, United States Code, including subsection (a)(1) of that section;
any such equivalent civilian supervisor complies with section 2302 of title 5, United States Code; and
any such commander or supervisor protects the constitutional right of whistleblowers to speak with Members of Congress;
actions to be taken against any a commander or equivalent civilian supervisor who fails to act on a whistleblower complaint or improperly interferes with a whistleblower after a complaint is filed or during the preparation of a complaint;
the role of Coast Guard attorneys in ensuring that such commanders comply with responsibilities under section 1034 of title 10, United States Code; and
the role of Coast Guard civilian attorneys and administrative law judges in ensuring that such civilian supervisors comply with responsibilities under section 2302 of title 5, United States Code.
A discussion of the availability of Coast Guard staff, including civilian staff, assigned to providing, in accordance with professional standards or practice, behavioral health care to whistleblowers, including—
the number and type of such staff;
a description of the specific care responsibilities of such staff;
an identification of any limitation existing as of the date of enactment of this Act to the provision of such care;
a description of any plan to increase capacity of such staff to provide such care, as applicable; and
a description of any additional resources necessary to provide such care.
An assessment of the manner in which the policies discussed in paragraph (1), the responsibilities of commanders and civilian supervisors described in paragraph (2), and the availability of Coast Guard staff as discussed in paragraph (3) apply specifically to cadets and leadership at the Coast Guard Academy.
Recommendations (including, as appropriate, proposed legislative changes and a plan to publish in the Federal Register not later than 180 days after the date of enactment of this Act a request for information seeking public comment and recommendations) of the Commandant regarding manners in which Coast Guard policies and procedures may be strengthened—
to prevent whistleblower discrimination and harassment;
to better enforce prohibitions on retaliation, including reprisal, restriction, ostracism, and maltreatment, set forth in section 1034 of title 10, United States Code, and section 2302 of title 5, United States Code; and
to hold commanding officers and civilian supervisors accountable for enforcing and complying with prohibitions on any form of retaliation described in such section.
The Superintendent of the Coast Guard Academy (referred to in this section as the Superintendent) shall—
not later than 60 days after the date of the enactment of this Act, commence a review of the Coast Guard Academy policy on sexual harassment and sexual violence established in accordance with section 1902 of title 14, United States Code, that includes an evaluation as to whether any long-standing Coast Guard Academy tradition, system, process, or internal policy impedes the implementation of necessary evidence-informed best practices followed by other military service academies in prevention, response, and recovery relating to sexual harassment and sexual violence; and
not later than 180 days after the date of the enactment of this Act—
complete such review; and
modify such policy in accordance with subsection (b).
In modifying the Coast Guard Academy policy on sexual harassment and sexual violence referred to in subsection (a), the Superintendent shall ensure that such policy includes the following:
Each matter required to be specified by section 1902(b) of title 14, United States Code.
Updates to achieve compliance with chapter 47 of title 10, United States Code (Uniform Code of Military Justice).
A description of the roles and responsibilities of staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program, including—
the Sexual Assault Response Coordinator;
the Victim Advocate Program Specialist;
the Volunteer Victim Advocate; and
the Primary Prevention Specialist, as established under subsection (c).
A description of the role of the Coast Guard Investigative Service with respect to sexual harassment and sexual violence prevention, response, and recovery at the Coast Guard Academy.
A description of the role of support staff at the Coast Guard Academy, including chaplains, with respect to sexual harassment and sexual violence prevention, response, and recovery.
Measures to promote awareness of dating violence.
A delineation of the relationship between—
cadet advocacy groups organized for the prevention of, response to, and recovery from sexual harassment and sexual violence, including Cadets Against Sexual Assault; and
the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program.
A provision that requires cadets and Coast Guard Academy personnel to participate in not fewer than one in-person training each academic year on the prevention of, responses to, and resources relating to incidents of sexual harassment and sexual violence, to be provided by the staff of the Coast Guard Academy Sexual Assault Prevention, Response, and Recovery program.
The establishment, revision, or expansion, as necessary, of an anti-retaliation Superintendent’s Instruction for cadets who—
report incidents of sexual harassment or sexual violence;
participate in cadet advocacy groups that advocate for the prevention of, response to, and recovery from sexual harassment and sexual violence; or
seek assistance from a company officer, company senior enlisted leader, athletic coach, or other Coast Guard Academy staff member with respect to a mental health or other medical emergency.
A provision that explains the purpose of and process for issuance of a no-contact order at the Coast Guard Academy, including a description of the manner in which such an order shall be enforced.
A provision that explains the purpose of and process for issuance of a military protective order at the Coast Guard Academy, including a description of—
the manner in which such an order shall be enforced; and
the associated requirement to notify the National Criminal Information Center of the issuance of such an order.
Not later than 180 days after the date of the enactment of this Act, the Superintendent shall hire a Primary Prevention Specialist, to be located and serve at the Coast Guard Academy.
The Superintendent shall ensure that the Academy’s policy regarding a cadet who has made a restricted or unrestricted report of sexual harassment to request a leave of absence from the Coast Guard Academy is consistent with other military service academies.
Not later than 180 days after the date of enactment of this Act, the Commandant, in consultation with the Secretary of Defense, shall enter into a memorandum of understanding to enable the criminal offender case management and analytics database of the Coast Guard to have system interface access with the Defense Sexual Assault Incident Database (referred to in this section as the Database) established by section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 1561 note).
Not later than 60 days after entering into the memorandum of understanding required under subsection (a), the Commandant, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a plan to carry out the terms of such memorandum.
The plan required under paragraph (1) shall include the following:
Measures to ensure that authorized staff of the Coast Guard have system interface access to the Database, and a description of any barrier to such access.
Measures to ensure that authorized staff of the Coast Guard Academy have system interface access to the Database, and a description of any barrier to such access that is unique to the Coast Guard Academy.
Measures to facilitate formal or informal communication between the Coast Guard and the Sexual Assault Prevention and Response Office of the Department of Defense, or any other relevant Department of Defense component, to identify or seek a resolution to barriers to Database access.
A description of the steps, measures, and improvements necessary to remove any barrier encountered by staff of the Coast Guard or the Coast Guard Academy in accessing the Database, including any failure of system interface access necessitating manual entry of investigative data.
An assessment of the technical challenges, timeframes, and costs associated with providing authorized staff of the Coast Guard and the Coast Guard Academy with system interface access for the Database that is substantially similar to such system interface access possessed by other branches of the Armed Forces.
In this subsection, the term appropriate committees of Congress means—
the Committee on Commerce, Science, and Transportation 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 Representatives.
Chapter 3 of title 14, United States Code, is amended by adding at the end the following:
There shall be a Director of the Coast Guard Investigative Service.
The Director of the Coast Guard Investigative Service shall report directly to and be under the general supervision of the Commandant, acting through the Vice Commandant of the Coast Guard.
The analysis for Chapter 3 of title 14, United States Code, is amended by inserting after the item relating to section 324 the following:
Section 2501(d)(2) of title 14, United States Code, is amended—
in subparagraph (B) by inserting a before competent authority;
by redesignating subparagraphs (C) through (E) as subparagraphs (F) through (H), respectively; and
by inserting after subparagraph (B) the following:
substantial evidence comes to light that, during the commissioned service of the officer, the officer failed to carry out applicable laws, with an intent to deceive or defraud;
substantial evidence comes to light after the retirement that the officer committed rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice) at any time during the commissioned service of the officer;
substantial evidence comes to light after the retirement that the commissioned officer knew of and failed to report through proper channels, in accordance with existing law at the time of the alleged incident, any known instances of sexual assault by a member of the Coast Guard under the command of the officer during the officer’s service;
Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue or revise, as applicable, and at the discretion of the Secretary consistent with this section, regulations of the Coast Guard to do the following:
Define what constitutes good cause to reopen a retired grade determination referred to in subparagraph (H) of section 2501(d)(2) of title 14, United States Code, as redesignated by subsection (a), to ensure that the following shall be considered good cause for such a reopening:
Circumstances that constitute a failure to carry out applicable laws regarding a report of sexual assault with an intent to deceive by a commissioned officer, that relate to a response made to a report of sexual assault, during the commissioned service of the officer.
Substantial evidence of sexual assault by the commissioned officer concerned, at any time during the commissioned service of such officer, or such evidence that was not considered by the Coast Guard in a manner consistent with law.
Identify the standard for making, and the evidentiary showing required to support, an adverse determination on the retired grade of a commissioned officer.
Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall revise applicable guidance in section K.10 of chapter 3 of Commandant Instruction 1000.4A to remove any restriction that limits the ability to reopen the retired grade of a commissioned officer based on—
whether new evidence is discovered contemporaneously with or within a short time period after the date of retirement of the officer concerned; and
whether the misconduct concerned was not discoverable through due diligence.
No provision of this section or the amendments made by this section shall be construed to permit a review of conduct that was not in violation of law or policy at the time of the alleged conduct.
Chapter 25 of title 14, United States Code, is amended—
in subchapter II, by redesignating section 2521 as section 2531; and
in subchapter I, as amended by this Act, by adding at the end the following:
If a complaint of covered misconduct is made against a member of the Coast Guard and the member is convicted by court-martial or receives nonjudicial punishment or punitive administrative action for such covered misconduct, a notation to that effect shall be placed in the personnel service record of the member, regardless of the grade of the member.
The purpose of the inclusion of information in personnel service records under paragraph (1) is to alert supervisors and commanders to any member of their command who has received a court-martial conviction, nonjudicial punishment, or punitive administrative action for covered misconduct in order—
to reduce the likelihood that repeat offenses will escape the notice of supervisors and commanders; and
to help inform commissioning or promotability of the member;
A notation under paragraph (1) may not be placed in the restricted section of the personnel service record of a member.
Nothing in this subsection may be construed to prohibit or limit the capacity of a member of the Coast Guard to challenge or appeal the placement of a notation, or location of placement of a notation, in the personnel service record of the member in accordance with procedures otherwise applicable to such challenges or appeals.
Under policy to be prescribed by the Secretary, the commanding officer of a unit or facility to which a covered member is assigned or transferred shall review the history of covered misconduct as documented in the personnel service record of a covered member in order to become familiar with such history of the covered member.
In this subsection, the term covered member means a member of the Coast Guard who, at the time of assignment or transfer as described in paragraph (1), has a history of 1 or more covered misconduct offenses as documented in the personnel service record of such member or such other records or files as the Commandant shall specify in the policy prescribed under subparagraph (A).
Under policy to be prescribed by the Secretary, the Commandant shall establish procedures that are consistent with the law, policies, and practices of the Department of Defense in effect on the date of enactment of the Coast Guard Authorization Act of 2025 to consider and review the personnel service record of a former member of the Armed Forces to determine the suitability of the individual for civilian employment in the Coast Guard.
The analysis for chapter 25 of title 14, United States Code, is amended—
by striking the item relating to section 2521 and inserting the following:
by inserting after the item relating to section 2520 (as added by this Act) the following:
Not later than 120 days after the date of enactment of this Act, the Commandant shall establish, with respect to any proposed involuntary separation under chapter 59 of title 10, United States Code, a Coast Guard policy to review the circumstances of, and grounds for, such a proposed involuntary separation of any member of the Coast Guard who—
made a restricted or unrestricted report of covered misconduct (as such term is defined in section 2519 of title 14, United States Code);
within 2 years after making such a report, is recommended for involuntary separation from the Coast Guard; and
requests the review on the grounds that the member believes the recommendation for involuntary separation from the Coast Guard was initiated in retaliation for making the report.
The policy established under subsection (a) shall set forth a process for the recusal of commanding officers and the flag officer described in subsection (c)(2) from making initial or subsequent decisions on proposed separations or from reviewing proposed separations.
The recusal process established under paragraph (1) shall specify criteria for recusal, including mandatory recusal from making a decision on a proposed separation, and from reviewing a proposed separation, if the commanding officer or the flag officer described in subsection (c)(2) was, at any time—
the subject of a complaint of any form of assault, harassment, or retaliation, filed by the member of the Coast Guard described in subsection (a) who is the subject of a proposed involuntary separation or whose proposed separation is under review; or
associated with the individual suspected or accused of perpetrating the incident of covered misconduct reported by such member.
The policy established under subsection (a) shall require the concurrence of the flag officer described in paragraph (2) in order to separate the member of the Coast Guard described in such subsection.
Except as provided in subparagraph (B), the flag officer described in this paragraph is—
the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy; or
a designee of the Deputy Commandant for Mission Support (or the successor Vice Admiral that oversees personnel policy) who is in a grade not lower than O–7.
In the case of a member of the Coast Guard described in subsection (a) who is in the immediate chain of command of the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy or the designee of the Deputy Commandant for Mission Support or the successor Vice Admiral that oversees personnel policy, the flag officer described in this paragraph is a flag officer outside the chain of command of such member, as determined by the Commandant consistent with the policy established under subsection (a).
Any member of the Coast Guard who has made a report of covered misconduct and who receives a proposal for involuntary separation shall be notified at the time of such proposal of the right of the member to a review under this section.
Not later than 180 days after the date of enactment of this Act, the Commandant shall update Coast Guard policy as necessary to implement—
an expedited transfer process for covered individuals consistent with—
Department of Defense policy on expedited transfers of victims of sexual assault or domestic violence in place on the date of enactment of this Act; and
subsection (b); and
a process by which—
a covered individual, the commanding officer of a covered individual, or any other Coast Guard official may initiate a request that a subject be administratively assigned to another unit in accordance with military assignments and authorized absence policy for the duration of the investigation and, if applicable, prosecution of such subject;
the Coast Guard shall ensure that any administrative assignment action in response to a request under subparagraph (A) will be taken not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the unit of the covered individual or the subject; and
protection of due process for the subject is preserved.
The expedited transfer process implemented under this section shall require the recusal of any official involved in the approval or denial of an expedited transfer request if the official was, at any time—
the subject of a complaint of any form of assault, harassment, or retaliation, or any other type of complaint, filed by the covered individual; or
associated, beyond workplace interactions, with the subject in a manner that may present an actual or apparent conflict of interest.
With respect to a member of the Coast Guard who makes an unrestricted report of sexual assault or a report of domestic violence, the updated policy required under subsection (a) shall specify the appropriate officials of the Coast Guard who shall provide such member with information regarding expedited transfer authority.
Not later than March 1 of the year that is not less than 1 year after the date on which the updates required under subsection (a) are completed, the Commandant 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, as an enclosure or appendix to the report required by section 5112 of title 14, United States Code, a report on such updates that includes—
a copy of the updated policies of the Coast Guard relating to expedited transfers;
a summary of such updated policies;
for the preceding year, the number of covered individuals who have requested an expedited transfer, disaggregated by gender of the requester and whether the request was granted or denied;
for each denial of an expedited transfer request during the preceding year, a description of the rationale for the denial; and
any other matter the Commandant considers appropriate.
Not later than 1 year after the Commandant submits the report required under paragraph (1), and annually thereafter for 3 years, the Commandant 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, as an enclosure or appendix to the report required by section 5112 of title 14, United States Code, a report on the updates required under subsection (a) that includes—
any policies of the Coast Guard relating to expedited transfers that have been updated since the previous report submitted under this subsection;
a summary of any such updated policies; and
the information described under subparagraphs (C) through (E) of paragraph (1).
In this section:
The term covered individual means—
a member of the Coast Guard who is a victim of sexual assault in a case handled under the Sexual Assault Prevention, Response, and Recovery Program or the Family Advocacy Program;
a member of the Coast Guard who is a victim of domestic violence (as defined by the Secretary of the department in which the Coast Guard is operating in the policies prescribed under this section) committed by the spouse or intimate partner of the member, regardless of whether the spouse or intimate partner is a member of the Coast Guard; and
a member of the Coast Guard whose dependent is a victim of sexual assault or domestic violence.
The term subject means a member of the Coast Guard who is the subject of an investigation related to alleged incidents of sexual assault or domestic violence and is stationed at the same installation as, or in close proximity to, the covered individual involved.
Not later than 180 days after the date of enactment of this Act, the Commandant shall update the Coast Guard policy relating to temporary separation of members of the Coast Guard who are victims of alleged sex-related offenses as required under subsection (b).
The updated policy required under subsection (a) shall include—
a provision that allows a member of the Coast Guard to request to participate in the temporary separation program if the member has reported, in an unrestricted format or to the greatest extent practicable, a restricted format, being the victim of an alleged sex-related offense on a date that is during—
the 5-year period preceding the requested date of separation; and
the military service of the member;
a provision that provides eligibility for a member of the Coast Guard to request temporary separation if the member has reported being the victim of an alleged sex-related offense, even if—
the member has had a previous temporary separation including a previous temporary separation as the victim of a previous unrelated alleged sex-related offense; or
the enlistment period of the member is not nearing expiration or the tour or contract of the member is not nearing completion;
an updated standard of review consistent with the application of, and purposes of, this section; and
the establishment of a process—
for eligible members to make requests for temporary separation under this section; and
that allows the Commandant to consider whether to allow a member granted temporary separation under this section to fulfill the enlistment period or tour or contract obligation of the member after the end of the temporary separation period.
For any temporary separation granted under the updated policy required under subsection (a), the Secretary concerned may conduct a review to determine whether to exercise discretion in accordance with section 373(b)(1) of title 37, United States Code.
In this section:
The term Secretary concerned has the meaning given such term in section 101 of title 37, United States Code.
The term sex-related offense has the meaning given such term in section 1044e(h) of title 10, United States Code.
Not later than 180 days after the date of enactment of this Act, the Commandant shall develop and issue a comprehensive policy for the Coast Guard to reinvigorate the prevention of misconduct involving members and civilians of the Coast Guard that contains the policy elements described in section 1561 of title 10, United States Code.
Not later than 180 days after the issuance of the policy required under paragraph (1), the Commandant shall develop and implement for the Coast Guard a program to reinvigorate the prevention of misconduct involving members and civilians of the Coast Guard.
Section 1564(c) of title 10, United States Code, is amended—
in paragraph (1)—
in the matter preceding subparagraph (A) by inserting , and the Secretary of Homeland Security shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (3), after paragraph (2); and
in subparagraph (A)(iv) by striking the Secretary and inserting the Secretary of Defense or the Secretary of Homeland Security, as the case may be,;
in paragraph (2) by inserting (other than an individual described in paragraph (3)) after is an individual;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
by inserting after paragraph (2) the following new paragraph:
An individual described in this paragraph is an individual who has a security clearance and is—
a flag officer of the Coast Guard; or
an employee of the Coast Guard in the Senior Executive Service.
in paragraph (4), as redesignated by paragraph (3), by striking Secretary and all that follows through paragraph (2) and inserting the following: Secretary of Defense, in the case of an individual described in paragraph (2), and the Secretary of Homeland Security, in the case of an individual described in paragraph (3), shall ensure that relevant information on the conviction or determination described in paragraph (1) of such an individual.
Not later than 2 years after the date of enactment of this Act, the Commandant shall revise the curriculum of the Coast Guard with respect to covered misconduct prevention and response training—
to include—
information on procedures and responsibilities with respect to reporting requirements, investigations, survivor health and safety (including expedited transfers, no-contact orders, military and civilian protective orders, and temporary separations), and whistleblower protections;
information on Department of Veterans Affairs resources available to veterans, active-duty personnel, and reserve personnel;
information on the right of any member of the Coast Guard to seek legal resources outside the Coast Guard;
general information regarding the availability of legal resources provided by civilian legal services organizations, presented in an organized and consistent manner that does not endorse any particular legal services organization; and
information on the capability, operations, reporting structure, and requirements with respect to the Chief Prosecutor of the Coast Guard; and
to address the workforce training recommendations set forth in the memorandum of the Coast Guard titled Commandant’s Directed Actions—Accountability and Transparency, issued on November 27, 2023.
In revising the curriculum under this subsection, the Commandant shall solicit input from individuals outside the Coast Guard who are experts in sexual assault and sexual harassment prevention and response training.
Not later than 1 year after the date of enactment of this Act, the Commandant shall ensure that all members and civilian employees of the Coast Guard are provided with annual covered misconduct prevention and response training and education for the purpose of strengthening individual knowledge, skills, and capacity relating to the prevention of and response to covered misconduct.
The training and education referred to in paragraph (1)—
shall be provided as part of—
initial entry and accession training;
annual refresher training;
initial and recurring training courses for covered first responders;
new and prospective commanding officer and executive officer training; and
specialized leadership training; and
shall be tailored for specific leadership levels, positions, pay grades, and roles.
The training and education referred to in paragraph (1) shall include the information described in subsection (a)(1)(A).
Not later than 2 years after the date of enactment of this Act, the Commandant shall ensure that—
training for covered first responders includes the covered misconduct prevention and response training described in subsection (b); and
such covered misconduct prevention and response training is provided to covered first responders on a recurring basis.
In addition to the information described in subsection (a)(1)(A), the initial and recurring covered misconduct prevention and response training for covered first responders shall include information on procedures and responsibilities with respect to—
the provision of care to a victim of covered misconduct, in accordance with professional standards or practice, that accounts for trauma experienced by the victim and associated symptoms or events that may exacerbate such trauma; and
the manner in which such a victim may receive such care.
Not later than 18 months after the date of enactment of this Act, the Commandant shall ensure that training for prospective commanders and executive officers at all levels of command includes the covered misconduct prevention and response training described in subsection (b).
In addition to the information described in subsection (a)(1)(A), the covered misconduct prevention and response training for prospective commanding officers and executive officers shall be—
tailored to the responsibilities and leadership requirements of members of the Coast Guard as they are assigned to command positions; and
revised, as necessary, to include information on—
fostering a command climate—
that does not tolerate covered misconduct;
in which individuals assigned to the command are encouraged to intervene to prevent potential incidents of covered misconduct; and
that encourages victims of covered misconduct to report any incident of covered misconduct;
the possible variations in the effect of trauma on individuals who have experienced covered misconduct;
potential differences in the procedures and responsibilities, Department of Veterans Affairs resources, and legal resources described in subsection (a)(1)(A) depending on the operating environment in which an incident of covered misconduct occurred;
the investigation of alleged incidents of covered misconduct, including training on understanding evidentiary standards;
available disciplinary options, including administrative action and deferral of discipline for collateral misconduct, and examples of disciplinary options in civilian jurisdictions; and
the capability, operations, reporting structure, and requirements with respect to the Chief Prosecutor of the Coast Guard.
Not later than 1 year after the date of enactment of this Act, the Commandant shall provide for the inclusion of an initial covered misconduct prevention and response training module in the training for each new member of the Coast Guard, which shall be provided not later than 14 duty days after the date of accession.
In addition to the information described in subsection (a)(1)(A), the initial training module referred to in subparagraph (A) shall include a comprehensive explanation of Coast Guard—
policy with respect to covered misconduct; and
procedures for reporting covered misconduct.
The Commandant shall provide for the inclusion of a detailed covered misconduct prevention and response training module in the training for each new member of the Coast Guard, which shall be provided not later than 60 duty days after the date on which the initial training module described in paragraph (1)(A) is provided.
The detailed training module referred to in subparagraph (A) shall include the information described in subsection (a)(1)(A).
In this section:
The term covered first responder includes sexual assault response coordinators, victim advocates, Coast Guard medical officers, Coast Guard security forces, Coast Guard Investigative Service agents, judge advocates, special victims’ counsel, chaplains, and related personnel.
The term covered misconduct has the meaning given such term in section 2519 of title 14, United States Code.
Not later than 18 months after the date of 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 Representatives a report on the state of the research, development, and innovation program of the Coast Guard during the 5-year period ending on such date of enactment.
The report required by subsection (a) shall include the following:
An evaluation and description of the process for selecting projects to be carried out under the research, development, and innovation program of the Coast Guard.
An analysis of the manner in which funding needs are determined and requested for such program, and for the activities and projects of such program, in alignment with the appropriate fiscal year.
An assessment of the manner in which the Coast Guard determines desired outcomes, and measures the impact, of successful projects on the execution of the operations and mission of the Coast Guard.
An assessment of the manner in which the Coast Guard evaluates impacts and benefits of partnerships between the Coast Guard and the Department of Defense and other entities, and a description of the extent to which and manner in which the Coast Guard is leveraging such benefits and identifying and managing any potential challenge.
An analysis of the manner in which the Commandant is working with partners to accelerate project transition from research, testing, evaluation, and prototype to production.
An assessment of the manner in which the authority to enter into transactions other than contracts and grants pursuant to sections 719 and 1158 of title 14, United States Code, has been exercised by the Commandant, and a description of any training or resources necessary (including additional agreements for officers and training) to more fully exercise such authority.
An evaluation of the role of the Blue Tech Center of Expertise established in section 302 of the Coast Guard Blue Technology Center of Expertise Act (Public Law 115–265).
Recommendations regarding authorization, personnel, infrastructure, and other requirements necessary for the expeditious transition of technologies developed under such program from prototype to production in the field.
In developing the report required under subsection (a), the Comptroller General may consult with—
the maritime and aviation industries;
the Secretary of Defense;
the intelligence community; and
any relevant—
federally funded research institutions;
nongovernmental organizations; and
institutions of higher education.
In this section, the term vessel traffic service center has the meaning given the term in section 70001(m) of title 46, United States Code.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall commence a study on employment compensation, competitiveness, assignment, and retention of civilian and military personnel assigned to or otherwise employed at vessel traffic service centers in the United States.
The study required under subsection (b) shall include the following:
An assessment of the extent to which the classification, assignment, selection, and pay rates of personnel assigned to or otherwise employed at vessel traffic service centers are commensurate with the required experience, duties, safety functions, and responsibilities of such positions.
An assessment of the appropriate classification, assignment, selection, and pay rate, as well as nonmonetary employment incentives, that would foster a robust and competitive civilian candidate pool for employment opportunities in civilian positions at vessel traffic service centers.
An analysis of the average civilian employment retention rate and average term of employment of civilian personnel, by position, at vessel traffic service centers.
An analysis of existing special payments, as discussed in the report by the Government Accountability Office entitled Federal Pay: Opportunities Exist to Enhance Strategic Use of Special Payments (published December 7, 2017; GAO–18–91), that may be available to personnel assigned to or otherwise employed at vessel traffic service centers.
An evaluation of all assignment parameters and civilian hiring authority codes used by the Coast Guard in assigning and hiring personnel assigned to or otherwise employed at vessel traffic service centers.
An analysis of whether opportunities exist to refine, consolidate, or expand Coast Guard civilian hiring authorities for purposes of hiring personnel at the vessel traffic service centers.
An assessment of the ability of the composition, as in effect on the first day of the study, of military and civilian personnel assigned to or otherwise employed at vessel traffic service centers to ensure safety on the waterways and to manage increasing demand for vessel traffic services, taking into account the ranks and grades of such personnel, the respective experience levels and training of such personnel, and the respective duties, safety functions, and responsibilities of such personnel.
An assessment of, and recommendations to improve, the Coast Guard’s efforts to support the career progression of and advancement opportunities for officers and enlisted members of the Coast Guard assigned to vessel traffic service centers.
Not later than 1 year after commencing the study required under subsection (b), the Comptroller General 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 on the findings of the study.
Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a review of the quality and availability of behavioral health care and related resources for Coast Guard personnel at the locations described in subsection (b).
In conducting the review under subsection (a), the Comptroller General shall—
first review the practices and policies relating to the availability of behavioral health care and related resources at Training Center Cape May; and
review such practices and policies at—
the Coast Guard Academy, including Officer Candidate School; and
other Coast Guard training locations, as applicable.
The review conducted under subsection (a) shall include, for each location described in subsection (b), an assessment, and a description of available trend information (as applicable) for the 10-year period preceding the date of the review, with respect to each of the following:
The nature of Coast Guard resources directed toward behavioral health services at the location.
The manner in which the Coast Guard has managed treatment for recruits, cadets, officer candidates, or other personnel who may be experiencing a behavioral health crisis at the location (including individuals who have transferred to other buildings or facilities within the location).
The extent to which the Coast Guard has identified the resources, such as physical spaces and facilities, necessary to manage behavioral health challenges and crises that Coast Guard personnel may face at the location.
The behavioral health screenings required by the Coast Guard for recruits, cadets, officer candidates, or other personnel at the location, and the manner in which such screenings compare with screenings required by the Department of Defense for military recruits, service academy cadets, officer candidates, or other personnel at military service accession points.
Whether the Coast Guard has assessed the adequacy of behavioral health resources and services for recruits, cadets, officer candidates, and other personnel at the location, and if so, the additional services and resources (such as resilience and life skills coaching), if any, needed to address any potential gaps.
The manner in which the Coast Guard manages care transfers related to behavior health at the location, including command and other management input and privacy policies.
The extent to which the Coast Guard has evaluated contributing factors or reasons for behavioral health crises experienced by newly enlisted personnel, cadets, officer candidates, or other personnel at the location.
The extent to which the Coast Guard has addressed, at the location, provider care staffing standards and credentialing deficiencies identified in the report of the Comptroller General titled Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care, issued on February 4, 2022.
The Comptroller General 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—
as soon as practicable but not later than 1 year after the date of enactment of this Act, a report relating to the results of the review conducted under subsection (a) relating to Training Center Cape May, including any recommendations the Comptroller General considers appropriate; and
not later than 1 year after the date of enactment of this Act—
a report on the results of the review conducted under subsection (a) relating to—
the Coast Guard Academy, including Officer Candidate School; and
other Coast Guard training locations, as applicable; and
any recommendations the Comptroller General considers appropriate.
Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study assessing the efforts of the Commandant—
to reduce the prevalence of missing or incomplete medical records;
to share medical data of members of the Coast Guard with the Department of Veterans Affairs; and
to ensure that electronic health records are provided in a format that is user friendly and easy to access.
In conducting the study under subsection (a), the Comptroller General shall review the following:
The steps the Commandant has taken to reduce the prevalence of missing or incomplete medical records of members of the Coast Guard.
How implementation of an electronic health record system has affected the ability of the Commandant to manage health records of members of the Coast Guard, including—
how the Commandant adds records from private medical providers to the electronic health record system;
the progress of the Commandant toward implementing the electronic health record system in shipboard sick bays of the Coast Guard;
how the Coast Guard shares medical records with the Department of Veterans Affairs; and
any other matter the Comptroller General considers appropriate with respect to medical record storage, use, and sharing and the associated consequences for member health and well-being.
The ability of members of the Coast Guard, medical professionals of the Coast Guard and of the Department of Defense, personnel of the Department of Veterans Affairs, and other personnel to access and search, as appropriate, the electronic health records of individuals, including the ability to search or quickly find information within electronic health records.
Upon completion of the study under subsection (a), the Comptroller General 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 the study under subsection (a).
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a study on Coast Guard training facility infrastructure, including the specific needs of the Coast Guard training facilities described in subsection (c).
The study required under subsection (a) shall include the following:
With respect to each Coast Guard training facility described in subsection (c)—
a summary of capital needs, including construction and repair;
a summary of equipment upgrade backlogs;
an assessment of necessary improvements, including improvements to essential training equipment (including swimming pools, operational simulators, and marksmanship training ranges) to enable the Coast Guard to achieve all operational training objectives;
a description of the resources necessary to fully address all training needs;
an assessment of any security deficiency, including with respect to base access, training facility access, and trainee berthing area access;
an identification of any exposed hazard that does not serve a training purpose;
an identification of the presence of hazardous or toxic materials, including—
lead-based paint;
asbestos or products that contain asbestos;
black mold;
radon; and
contaminated drinking water; and
an assessment of the need for, and estimated cost of, remediation of such toxic materials.
An evaluation of the process used by the Coast Guard to identify, monitor, and construct Coast Guard training facilities.
The Coast Guard training facilities described in this subsection are the following:
The Coast Guard Academy in New London, Connecticut.
The Leadership Development Center in New London, Connecticut.
Training Center Cape May, New Jersey.
Training Center Petaluma, California.
Training Center Yorktown, Virginia.
The Maritime Law Enforcement Academy in Charleston, South Carolina.
The Special Missions Training Center at Camp Lejeune in North Carolina.
The Gulf Regional Fisheries Training Center (GRFTC) in New Orleans, Louisiana.
The North Pacific Regional Fisheries Training Center (NPRFTC) in Kodiak, Alaska.
The Northeast Regional Fisheries Training Center (NRFTC) at Cape Cod, Massachusetts.
The Southeast Regional Fisheries Training Center (SRFTC) in Charleston, South Carolina.
The Pacific Regional Fisheries Training Center (PRFTC) in Alameda, California.
The National Motor Lifeboat School at Cape Disappointment, Washington.
The Aviation Technical Training Center in Elizabeth City, North Carolina.
The Aviation Training Center in Mobile, Alabama.
Not later than 1 year after commencing the study required under subsection (a), the Comptroller General 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 on the findings of the study.
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall commence a study on the facility and infrastructure needs of the Coast Guard stations and units described in paragraph (3).
The study required under paragraph (1) shall include, with respect to each Coast Guard station and unit described in paragraph (3), the following:
An assessment of capital needs, including personnel capacity, construction, and repair.
An assessment of equipment upgrade backlogs.
An identification of any necessary improvement, including any improvement to operational and training equipment necessary to conduct safe and effective maritime border security operations.
An identification of any resource necessary to fully address all operational and training needs.
An identification of any physical security deficiency.
An identification of any exposed hazard.
An identification of the presence of any hazardous or toxic material, including—
lead-based paint;
asbestos or any product that contains asbestos;
black mold;
radon; and
contaminated drinking water.
An assessment of the need for, and estimated cost of, remediation of any toxic material identified under subparagraph (G).
The Coast Guard stations and units described in this paragraph are the following:
Coast Guard Station South Padre Island, Texas.
Coast Guard Station Port Aransas, Texas.
Coast Guard Station Port O"Connor, Texas.
Coast Guard Station Bellingham, Washington.
Coast Guard Station Neah Bay, Washington.
Coast Guard Station Port Angeles, Washington.
Coast Guard Station Ketchikan, Alaska.
Coast Guard Station San Diego, California.
Coast Guard Station Key West, Florida.
Coast Guard Station Marathon, Florida.
Coast Guard Station Islamorada, Florida.
Coast Guard Station Jonesport, Maine.
Coast Guard Station Bayfield, Wisconsin.
Coast Guard Station Sturgeon Bay, Wisconsin.
Coast Guard Marine Safety Detachment Santa Barbara.
Any other Coast Guard station the Comptroller General considers appropriate.
Not later than 1 year after commencing the study required under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Commandant a report on the findings of the study, including any recommendation the Comptroller General considers appropriate.
Not later than 180 days after the date on which the report required under subsection (b) is submitted to the Commandant, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on—
the actions the Commandant has taken, or has ceased to take, as a result of the findings, including any recommendation, set forth in the report; and
a plan for addressing such findings and any such recommendation.
Not later than 90 days after the date on which the Department of Defense issues the report on the Fourteenth Quadrennial Review of Military Compensation, the Comptroller General of the United States shall commence a study of Coast Guard involvement in, and efforts to support, the determination of the cost of adequate housing and the calculation of the basic allowance for housing under section 403 of title 37, United States Code.
The study required under subsection (a) shall include, to the extent practicable, the following:
An identification of Coast Guard duty locations in which there is a misalignment between the basic allowance for housing rate and the prevailing housing cost for members of the Coast Guard such that the basic allowance for housing is less than 95 percent of the monthly cost of adequate housing for such members in the corresponding military housing area.
An analysis of each of the following:
Anchor points, including—
the methodology for the establishment of anchor points; and
with respect to housing provided as part of a public-private venture and Government-owned and Government-leased housing, the disparities between established anchor points and housing standards across the armed forces (as such term is defined in section 101 of title 10, United States Code).
Existing military housing boundary areas that affect the Coast Guard.
Actions taken by the Commandant to comprehensively monitor basic allowance for housing rates for Coast Guard duty locations.
The frequency of reviews conducted by the Commandant of the site visits used by the Department of Defense to inform military housing area boundaries.
Not later than 1 year after the date on which the study required under subsection (a) commences, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Commandant a report on the findings of the study, including any recommendation the Comptroller General considers appropriate.
Not later than 1 year after the date on which the report required by subsection (c) is submitted to the Commandant, the Commandant 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—
an implementation plan, including timeframes and milestones, addressing any recommendation made by the Comptroller General in such report, as the Commandant considers appropriate; and
with respect to any recommendation set forth in such report that the Commandant declines to implement, a written justification for the decision.
In this section, the term anchor point—
means the minimum housing standard reference benchmark used to establish the basic allowance for housing under section 403 of title 37, United States Code; and
includes housing type and size based on pay grade and dependent status.
Not later than 1 year after the date of 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 Representatives a report on the safety and security infrastructure at the Coast Guard Academy.
The report required under paragraph (1) shall include an assessment of each of the following:
Existing security infrastructure for the grounds, buildings, athletic facilities, and any other facility of the Coast Guard Academy, including access points, locks, surveillance, and other security methods, as appropriate.
Coast Guard policies with respect to the management, data storage and access, and operational capacity of the security infrastructure and methods evaluated under subparagraph (A).
Special security needs relating to events at the Coast Guard Academy, such as large athletic events and other widely attended events.
Coast Guard policies and procedures with respect to access to Coast Guard Academy grounds by—
current or former members of the Coast Guard;
current or former civilian employees of the Coast Guard;
Coast Guard personnel that reside at the Academy and families of cadets; and
members of the public.
Existing processes by which the Commandant, the Superintendent of the Coast Guard Academy, or a designated individual may prohibit or restrict access to Coast Guard Academy grounds by any current or former member or civilian employee of the Coast Guard who—
has been subject to court-martial under the Uniform Code of Military Justice for sexual misconduct; or
has been administratively disciplined for sexual misconduct.
Enforcement processes regarding access to Coast Guard Academy grounds for individuals (including current and former cadets, members, and civilian employees of the Coast Guard) who are or have been subject to a no-contact order relating to—
a cadet or member of the faculty of the Academy; or
any other individual with access to Academy grounds.
Recommendations to improve—
the security of the Coast Guard Academy; and
the safety of—
cadets at the Coast Guard Academy; and
members of the Coast Guard stationed at, and civilian employees of, the Coast Guard Academy.
Not later than 180 days after the date on which the Comptroller General submits the report required under subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
a detailed plan to improve the security of, and the safety of cadets at, the Coast Guard Academy; and
a detailed timeline for implementation of—
the recommendations made by the Comptroller General in such report; and
any other safety improvement the Commandant considers appropriate.
Not later than 30 days after the date on which the Comptroller General submits the report required under subsection (a), the Commandant, in a manner that maintains good order and discipline, shall update Coast Guard policy relating to access to the Coast Guard Academy grounds to include procedures by which individuals may be prohibited from accessing the Coast Guard Academy—
as the Commandant considers appropriate; and
consistent with the recommendations made by the Comptroller General in such report.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Superintendent of the Coast Guard Academy, shall commence a study on the number of administratively determined billets for teaching and coaching necessary to support Coast Guard Academy recruitment, intercollegiate athletics, health and physical education, and leadership development programs.
The study required under subsection (a) shall include the following:
An identification of the number of full-time and part-time employees performing coaching functions at the Coast Guard Academy whose positions are funded by a nonappropriated fund instrumentality of the Coast Guard.
An identification of the number of full-time and part-time employees whose positions are funded by a nonappropriated fund instrumentality performing coaching functions at the following:
The United States Military Academy.
The United States Naval Academy.
The United States Air Force Academy.
The United States Merchant Marine Academy.
An analysis of the roles performed by athletic coaches with respect to officer development at the Coast Guard Academy, including the specific functions of athletic coaches within the health and physical education and leadership development program curriculums.
An identification of any adverse impacts on or deficiencies in cadet training and officer development resulting from an inadequate number of administratively determined billets for teaching and coaching at the Coast Guard Academy.
In conducting the study under subsection (a), the Comptroller General may consult a federally funded research and development center.
The Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee of Transportation and Infrastructure of the House of Representatives a report on the results of the study conducted under this section.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall commence a study to evaluate the effectiveness of the permanent change of station process of the Coast Guard.
Not later than 1 year after commencing the study required by subsection (a), the Comptroller General 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 on the findings of the study.
The report required by paragraph (1) shall include the following:
A description of the permanent change of station policies of the Coast Guard.
A description of Coast Guard spending on permanent change of station moves and associated support costs.
An evaluation of the effectiveness of using contracted movers for permanent change of station moves, including the estimated costs associated with—
lost or damaged personal property of members of the Coast Guard;
delays in scheduling such a move through a contracted mover;
delayed delivery of household goods; and
other related challenges.
A review of changes to permanent change of station policies implemented during the 10-year period ending on the date of enactment of this Act, and the costs or savings to the Coast Guard directly associated with such changes.
Recommendations to improve the permanent change of station process of the Coast Guard.
Any additional information or related matter arising from the study, as the Comptroller General considers appropriate.
Section 70022(b)(1) of title 46, United States Code, is amended by striking Federal Register and inserting the Federal Register.
Section 70116(b) of title 46, United States Code, is amended—
in paragraph (1) by striking terrorism cyber and inserting terrorism, cyber; and
in paragraph (2) by inserting a comma after acts of terrorism.
Section 70118(a) of title 46, United States Code, is amended—
by striking section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191) and inserting section 70051; and
by striking section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) and inserting section 70116(b).
Section 70131(2) of title 46, United States Code, is amended—
by striking section 1 of title II of the Act of June 15, 1917 (50 U.S.C. 191) and inserting section 70051; and
by striking section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) and inserting section 70116(b).
Section 70001 of title 46, United States Code, is amended by redesignating subsections (l) and (m) as subsections (m) and (n), respectively.
Section 704 of the Coast Guard and Maritime Transportation Act 2012 (Public Law 112–213; 46 U.S.C. 70001 note) is—
amended by striking of title 46, United States Code,;
amended by striking (33 U.S.C. 1223 note) and inserting (46 U.S.C. 70001 note);
transferred to appear after 70001(k) of title 46, United States Code; and
redesignated as subsection (l).
Title 46, United States Code, is amended as follows:
Section 2101(2) is amended by striking section 1 and inserting section 101.
Section 2116(b)(1)(D) is amended by striking section 93(c) and inserting section 504(c).
In the analysis for subtitle VII by striking the period after 70001 in the item relating to chapter 700.
In the analysis for chapter 700 by striking the item relating to section 70006 and inserting the following:
In the heading for subchapter IV in the analysis for chapter 700 by inserting a comma after Definitions.
In the heading for subchapter VI in the analysis for chapter 700 by striking of the Unitedand inserting of United.
Section 70052(e)(1) is amended by striking section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91) and inserting section 60105.
The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended as follows:
Section 1001 (33 U.S.C. 2701) is amended—
in paragraph (32)(G) by striking pipeline and all that follows through offshore facility and inserting pipeline, offshore facility;
in paragraph (39) by striking section 101(20)(G)(i) and inserting section 101(20)(H)(i);
in paragraph (40) by striking section 101(20)(G)(ii) and inserting section 101(20)(H)(ii);
) in paragraph (41) by striking section 101(20)(G)(iii) and inserting section 101(20)(H)(iii);
in paragraph (42) by striking section 101(20)(G)(iv) and inserting section 101(20)(H)(iv);
in paragraph (43) by striking section 101(20)(G)(v) and inserting section 101(20)(H)(v); and
in paragraph (44) by striking section 101(20)(G)(vi) and inserting section 101(20)(H)(vi).
Section 1003(d)(6) (33 U.S.C. 2703(d)(6)) is amended by striking this paragraph and inserting this subsection.
Section 1016 (33 U.S.C. 2716) is amended—
by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and
in subsection (e)(1)(B), as redesignated by subparagraph (A), by striking subsection (e) and inserting subsection (d).
Section 1012(b)(2) (33 U.S.C. 2712(b)(2)) is amended by striking section 1016(f)(1) and inserting section 1016(e)(1).
Section 1005(b)(5)(B) (33 U.S.C. 2716(b)(5)(B)) is amended by striking section 1016(g) and inserting section 2716(f).
Section 1018(c) (33 U.S.C. 2718(c)) is amended by striking the Act of March 3, 1851 (46 U.S.C. 183 et seq.) and inserting chapter 305 of title 46, United States Code.
Section 7001(h)(1) (33 U.S.C. 2761(h)(1)) is amended by striking subsection (c)(4) and inserting subsection (e)(4).
Section 228(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3028(c)) is amended—
in the subsection heading, by striking Corps and Office of and inserting Commissioned Officer Corps and Assistant Administrator for;
in the second sentence, by striking serving in and all that follows through half) and inserting who has served, on the date of such appointment, in the grade of captain or above for not less than one year; and
in the fourth sentence, by striking Director of the Office of and inserting Assistant Administrator of the National Oceanic and Atmospheric Administration for.
Section 4(a) of the Commercial Engagement Through Ocean Technology Act of 2018 (33 U.S.C. 4103(a)) is amended by striking Director of the Office of and inserting Assistant Administrator of the National Oceanic and Atmospheric Administration for.
Section 226 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) is amended—
by striking Appointments and inserting the following:
Appointments
by inserting after all permanent grades the following: , other than a grade described in subsection (b),; and
by adding at the end the following:
Appointments in and promotions to the grade of rear admiral (upper half) or above shall be made by the President, by and with the advice and consent of the Senate.
The NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.) is amended—
in section 603 (33 U.S.C. 891a)—
in the section heading, by striking Fleet and all that follows through program and inserting Operation and maintenance of NOAA fleet; and
by striking is authorized and all that follows and inserting the following: , acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this title.;
in section 604 (33 U.S.C. 891b)—
in subsection (a), by striking Secretary and all that follows and inserting Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after the date of the enactment of the Coast Guard Authorization Act of 2025, and every 2 years thereafter.;
by striking subsections (b) and (d);
by redesignating subsection (c) as subsection (b);
in subsection (b), as so redesignated—
in paragraph (1), by striking proposed and all that follows and inserting the following: in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels;;
by striking paragraph (6);
by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively;
by inserting after paragraph (1) the following:
a plan with respect to operation, maintenance, and replacement of vessels described in paragraph (1), including the schedule for maintenance or replacement and anticipated funding requirements;
the number of vessels proposed to be constructed by NOAA;
in paragraph (4), as so redesignated, by striking constructed, leased, or chartered and inserting acquired, leased, or chartered by NOAA;
in paragraph (6), as so redesignated—
by striking or any other federal official and inserting the Director of the National Science Foundation, or any other Federal official; and
by striking their availability and inserting the availability of those vessels;
in paragraph (7), as so redesignated, by striking ; and and inserting a semicolon; and
by adding at the end the following:
a plan for using small vessels, uncrewed systems, and partnerships to augment the requirements of NOAA for days at sea;
the number of officers of the NOAA commissioned officer corps and professional wage mariners needed to operate and maintain the NOAA fleet, including the vessels identified under paragraph (3); and
current and potential challenges with meeting the requirements under paragraph (9) and proposed solutions to those challenges.
by adding at the end the following:
The National Oceanic and Atmospheric Administration may not procure vessels that are more than 65 feet in length without the approval of the Assistant Administrator of NOAA for Marine and Aviation Operations.
in section 605 (33 U.S.C. 891c)—
in subsection (a), in the matter preceding paragraph (1), by striking working through the Office of the NOAA Corps Operations and the Systems Procurement Office and inserting acting through the Assistant Administrator of NOAA for Marine and Aviation Operations; and
in subsection (b)—
by striking shall and all that follows through submit to Congress and inserting , acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives,; and
by striking subsequent;
in section 608 (33 U.S.C. 891f)—
by striking subsection (b);
by striking (a) Vessel agreements.—; and
by inserting after Secretary the following: , acting through the Assistant Administrator of NOAA for Marine and Aviation Operations,; and
in section 610 (33 U.S.C. 891h)—
in subsection (a), by striking for carrying and all that follows and inserting the following: $93,000,000 for the period of fiscal years 2025 through 2026 to carry out this title and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note).; and
in subsection (b), by striking National Oceanic and Atmospheric Administration fleet modernization and inserting NOAA fleet modernization,.
Section 302(a) of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note) is amended—
by striking may in accordance with this section and inserting may;
by striking up to six; and
by inserting after this section the following: and the NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.).
Section 401(b)(4) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102–567; 106 Stat. 4291; 33 U.S.C. 891b note) is amended—
by striking (A) and all that follows through The Secretary and inserting The Secretary;
by striking the Committee on Merchant Marine and Fisheries and inserting the Committee on Natural Resources and the Committee on Science, Space, and Technology; and
by striking , if an equivalent and all that follows through deactivation.
Section 218 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3008) is amended—
in the section heading, by striking aviation accession training programs and inserting Cooperative Aviation Centers;
in subsection (a), by striking paragraphs (2) and (3) and inserting the following:
The term Cooperative Aviation Center means a Cooperative Aviation Center designated under subsection (b)(1).
in subsection (b)—
in the subsection heading, by striking Aviation Accession Training Programs and inserting Cooperative Aviation Centers;
by striking paragraphs (3) and (4);
by redesignating paragraph (2) as paragraph (3);
by striking paragraph (1) and inserting the following:
The Administrator shall designate one or more Cooperative Aviation Centers for the commissioned officer corps of the Administration at institutions described in paragraph (3).
The purpose of Cooperative Aviation Centers is to facilitate the development and recruitment of aviators for the commissioned officer corps of the Administration.
in paragraph (3), as so redesignated—
in the matter preceding subparagraph (A), inserting that after educational institution;
in subparagraph (A), by striking that requests and inserting applies;
in subparagraph (B)—
by striking that has and inserting has; and
by striking the semicolon and inserting ; and;
in subparagraph (C)—
by striking that is located and inserting is located;
by striking clause (ii);
by striking that— and all that follows through experiences and inserting that experiences; and
by striking ; and and inserting a period; and
by striking subparagraph (D); and
by striking subsections (c), (d), and (e) and inserting the following:
The Administrator shall assign an officer or employee of the commissioned officer corps of the Administration to serve as the Cooperative Aviation Centers Advisor.
The Cooperative Aviation Centers Advisor shall—
coordinate all engagement of the Administration with Cooperative Aviation Centers, including assistance with curriculum development; and
serve as the chief aviation recruiting officer for the commissioned officer corps of the Administration.
The table of contents in section 1 of the Act entitled An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes (Public Law 107–372) is amended by striking the item relating to section 218 and inserting the following:
The National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amended by inserting after section 269B the following new section:
An individual who was separated from the commissioned officer corps of the Administration under honorable conditions after not fewer than 3 years of active service may not be denied the opportunity to compete for a vacant position with respect to which the agency in which the position is located will accept applications from individuals outside the workforce of that agency under merit promotion procedures.
If selected for a position pursuant to subsection (a), an individual described in that subsection shall receive a career or career-conditional appointment, as appropriate.
The area of consideration for a merit promotion announcement with respect to a position that includes consideration of individuals within the Federal service for that position shall—
indicate that individuals described in subsection (a) are eligible to apply for the position; and
be publicized in accordance with section 3327 of title 5, United States Code.
Nothing in this section may be construed to confer an entitlement to veterans’ preference that is not otherwise required by any statute or regulation relating to veterans’ preference.
The Director of the Office of Personnel Management shall prescribe regulations necessary for the administration of this section.
Not later than 3 years after the date of enactment of the Coast Guard Authorization Act of 2025, the Administrator shall submit to the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and the Committees on Natural Resources and Science, Space, and Technology of the House of Representatives a report which includes the following:
A description of how the Administrator has utilized the authority granted under this section, including the number and locations of individuals hired utilizing the authority granted under this section.
An overview of the impact to Federal employment for former members of the commissioned officer corps of the Administration as a result of the authority granted under this section.
This section shall be repealed on the date that is 5 years after the date of enactment of the Coast Guard Authorization Act of 2025.
The table of contents in section 1 of such Act is amended by inserting after the item relating to section 269B the following new item:
Section 216(c)(2)(B) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3006(c)(2)(B)) is amended by striking misconduct or grossly negligent conduct and inserting willful misconduct.
Section 241(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041(c)) is amended to read as follows:
Subject to paragraph (2), a retirement or separation under subsection (a) shall take effect on such date as is determined by the Secretary.
The effective date determined under paragraph (1) for a retirement or separation under subsection (a) shall be—
except as provided by subparagraph (B), not earlier than 60 days after the date on which the Secretary approves the retirement or separation; or
if the officer concerned requests an earlier effective date, such earlier date as is determined by the Secretary.
Section 223(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (30 U.S.C. 3023(b)) is amended—
by striking permanent; and
by striking the officer’s commission shall be revoked and.
Section 204 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C. 3079–1) is repealed.
The table of contents in section 1(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 (Public Law 116–259; 134 Stat. 1153) is amended by striking the item relating to section 204.
Section 548 of title 40, United States Code, is amended—
by striking The Maritime and inserting (a) In General.—Except as provided in subsection (b), the Maritime; and
by adding at the end the following:
The Administrator of the National Oceanic and Atmospheric Administration may dispose of covered vessels and equipment, which would otherwise be disposed of under subsection (a), through sales or transfers under this title.
During the 2-year period beginning of the date of enactment of the Coast Guard Authorization Act of 2025, notwithstanding section 571 of this title or section 3302 of title 31, the Administrator of the National Oceanic and Atmospheric Administration may—
retain the proceeds from the sale or transfer of a covered vessel or equipment under paragraph (1) until expended under subparagraph (B); and
use such proceeds, without fiscal year limitation, for the acquisition of new covered vessels and equipment or the repair and maintenance of existing covered vessels and equipment.
In this subsection, the term covered vessels and equipment means survey and research vessels and related equipment owned by the Federal Government and under the control of the National Oceanic and Atmospheric Administration.
Except as otherwise expressly provided, wherever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.).
Section 2(4) (16 U.S.C. 973(4)) is amended by striking described in paragraph 1(a) of Annex I of and inserting noticed and in effect in accordance with.
Section 2(5) (16 U.S.C. 973(5)) is amended by striking of the closed areas identified in Schedule 2 of Annex I of and inserting area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with.
Section 2(6) (16 U.S.C. 973(6)) is amended—
in subparagraph (C), by inserting for any purpose after harvesting of fish; and
by amending subparagraph (F) to read as follows:
use of any other vessel, vehicle, aircraft, or hovercraft for any activity described in this paragraph except for emergencies involving the health or safety of the crew or the safety of a vessel.
Section 2(7) (16 U.S.C. 973(7)) is amended by striking commercial fishing and inserting commercial purse seine fishing for tuna.
Section 2(8) (16 U.S.C. 973(8)) is amended by striking in the Treaty Area and all that follows and inserting under the jurisdiction of a Pacific Island Party, except for internal waters, territorial seas, archipelagic waters, and any Closed Area..
Section 2 (16 U.S.C. 973) is amended—
by striking paragraphs (10), (13), and (18);
by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively;
by redesignating paragraph (14) as paragraph (12); and
by redesignating paragraphs (15) through (17) as paragraphs (14) through (16), respectively.
Section 2 (16 U.S.C. 973) is amended by inserting after paragraph (12), as redesignated by subsection (f)(3), the following:
The term regional terms and conditions means any of the terms or conditions attached by the Administrator to a license issued by the Administrator, as notified by the Secretary.
Section 5(a) (16 U.S.C. 973c(a)) is amended—
in the matter preceding paragraph (1), by striking Except as provided in section 6 of this Act, it and inserting It;
by striking paragraphs (3) and (4);
by redesignating paragraphs (5) through (13) as paragraphs (3) through (11), respectively;
in paragraph (3), as so redesignated, by inserting , except in accordance with an agreement pursuant to the Treaty after Closed Area;
in paragraph (10), as so redesignated, by striking or at the end;
in paragraph (11), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
to violate any of the regional terms and conditions; or
to violate any limit on an authorized fishing effort or catch.
Section 5(b) (16 U.S.C. 973c(b)) is amended—
in the matter preceding paragraph (1), by striking Except as provided in section 6 of this Act, it and inserting It;
by striking paragraph (5); and
by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.
Section 6 (16 U.S.C. 973d) is repealed.
Section 7(a) (16 U.S.C. 973e(a)) is amended by striking section 5(a) (8), (10), (11), or (12) and inserting paragraph (6), (8), (9), or (10) of section 5(a).
Section 8(a) (16 U.S.C. 973f(a)) is amended—
in the first sentence, by striking Code after liable to the United States; and
in the fourth sentence, by striking Except for those acts prohibited by section 5(a) (4), (5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), (3), and (7) of this Act, the and inserting The.
Section 8(g) (16 U.S.C. 973f(g)) is amended—
in the matter preceding paragraph (1), by striking section 5(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13) and inserting paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 5(a); and
in paragraph (2), by striking , all Limited Areas closed to fishing, after outside of the Licensing Area.
Section 9(b) (16 U.S.C. 973g(b)) is amended to read as follows:
In accordance with subsection (e), and except as provided in subsection (f), the Secretary shall forward a vessel license application to the Administrator whenever such application is in accordance with application procedures established by the Secretary.
Section 9(c) (16 U.S.C. 973g(c)) is amended to read as follows:
Fees required under the Treaty shall be paid in accordance with the Treaty and any procedures established by the Secretary.
Section 9 (16 U.S.C. 973g) is amended—
by striking subsection (f);
by redesignating subsections (g) and (h) as subsections (f) and (g), respectively;
by amending subsection (f), as so redesignated, to read as follows:
The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator if—
the application is not in accordance with the Treaty or the procedures established by the Secretary; or
the owner or charterer—
is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary;
has not established to the satisfaction of the Secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance; or
has not paid any penalty which has become final, assessed by the Secretary in accordance with this Act.
in subsection (g), as redesignated by paragraph (2)—
by amending paragraph (1) to read as follows:
section 12113 of title 46, United States Code;
in paragraph (2), by inserting of 1972 after Marine Mammal Protection Act;
in paragraph (3), by inserting of 1972 after Marine Mammal Protection Act; and
in the matter following paragraph (3), by striking any vessel documented and all that follows and inserting the following:
any vessel documented under the laws of the United States as of the date of enactment of the Fisheries Act of 1995 (Public Law 104–43) for which a license has been issued under subsection (a) may fish for tuna in the Licensing Area, and on the high seas and in waters subject to the jurisdiction of the United States west of 146 west longitude and east of 129.5 east longitude in accordance with international law, subject to the provisions of the Treaty, this Act, and other applicable law, provided that no such vessel intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing.
Section 10(c)(1) (16 U.S.C. 973h(c)(1)) is amended—
in the first sentence, by striking paragraph 8 of Article 4 of; and
in the third sentence, by striking Article 10 of.
Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended—
in clause (ii), by striking or at the end; and
in clause (iii), by adding or at the end.
Section 11(a) (16 U.S.C. 973i(a)) is amended—
in the matter preceding paragraph (1), by striking , all Limited Areas,;
in paragraph (1)—
in subparagraph (A), by striking paragraph 2 of Article 3 of; and
in subparagraph (C), by striking within the Treaty Area and inserting under the jurisdiction; and
in paragraph (2)—
in subparagraph (A), by striking section 5 (a)(4), (a)(5), (b)(2), or (b)(3) and inserting paragraph (3) of section 5(a) or paragraph (2) or (3) of section 5(b);
in subparagraph (B), by striking section 5(b)(7) and inserting section 5(b)(6); and
in subparagraph (C), by striking section 5(a)(7) and inserting section 5(a)(5).
Section 11(b) (16 U.S.C. 973i(b)) is amended by striking paragraph 7 of Article 5 of.
Section 12 (16 U.S.C. 973j) is amended to read as follows:
Pursuant to section 552(b)(3) of title 5, United States Code, except as provided in subsection (b), the Secretary shall keep confidential and may not disclose the following information:
Information provided to the Secretary by the Administrator that the Administrator has designated confidential.
Information collected by observers.
Information submitted to the Secretary by any person in compliance with the requirements of this Act.
The Secretary may disclose information described in subsection (a)—
if disclosure is ordered by a court;
if the information is used by a Federal employee—
for enforcement; or
in support of the homeland security missions and non-homeland security missions of the Coast Guard as defined in section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468);
if the information is used by a Federal employee or an employee of a Fishery Management Council for the administration of the Treaty or fishery management and monitoring;
to the Administrator, in accordance with the requirements of the Treaty and this Act;
to the secretariat or equivalent of an international fisheries management organization of which the United States is a member, in accordance with the requirements or decisions of such organization, and insofar as possible, in accordance with an agreement that prevents public disclosure of the identity of any person that submits such information;
if the Secretary has obtained written authorization from the person providing such information, and disclosure does not violate other requirements of this Act; or
in an aggregate or summary form that does not directly or indirectly disclose the identity of any person that submits such information.
Nothing in this section shall be construed to adversely affect the authority of Congress, including a Committee or Member thereof, to obtain any record or information.
The absence of a provision similar to paragraph (1) in any other provision of law shall not be construed to limit the ability of the Senate or the House of Representatives, including a Committee or Member thereof, to obtain any record or information.
Section 13 (16 U.S.C. 973k) is amended by striking . In particular, the boom shall be lowered and all that follows and inserting and in accordance with any requirements established by the Secretary..
Section 14 (16 U.S.C. 973l) is repealed.
Section 15 (16 U.S.C. 973m) is amended to read as follows:
The Secretary and the Secretary of State may provide assistance to a Pacific Island Party to benefit such Pacific Island Party from the development of fisheries resources and the operation of fishing vessels that are licensed pursuant to the Treaty, including—
technical assistance;
training and capacity building opportunities;
facilitation of the implementation of private sector activities or partnerships; and
other activities as determined appropriate by the Secretary and the Secretary of State.
Section 16 (16 U.S.C. 973n) is amended—
by striking Article 6 of after arbitral tribunal under; and
by striking paragraph 3 of that Article and all that follows through under such paragraph and inserting the Treaty, shall determine the location of the arbitration, and shall represent the United States in reaching agreement under the Treaty.
Section 17 (16 U.S.C. 973o) is amended by striking Article 4 of.
Section 18 (16 U.S.C. 973p) is amended by striking Within 30 days after and all that follows and inserting The Secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the Treaty..
This section may be cited as the North Pacific Research Board Enhancement Act.
Section 401(e) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d(e)) is amended—
in paragraph (3)—
in subparagraph (L), by striking and after the semicolon;
in subparagraph (M), by striking the period at the end and inserting a semicolon;
in subparagraph (N), by striking the period at the end and inserting ; and;
by inserting after subparagraph (N) the following:
one member who shall represent Alaska Natives and possesses personal knowledge of, and direct experience with, subsistence uses and shall be nominated by the Board and appointed by the Secretary.
by adding at the end the following: Board members appointed under subparagraphs (N) and (O) shall serve for 3-year terms, and may be reappointed once.;
by redesignating paragraph (5) as paragraph (6); and
by inserting after paragraph (4) the following:
If the amount made available for a fiscal year under subsection (c)(2) is less than the amount made available in the previous fiscal year, the Administrator of the National Oceanic and Atmospheric Administration may increase the 15 percent cap on administrative expenses provided under paragraph (4)(B) for that fiscal year to prioritize—
continuing operation of the Board;
maximizing the percentage of funds directed to research; and
maintaining the highest quality standards in administering grants under this subsection.
Beginning on the date of enactment of this Act and ending on the date that is 5 years after such date of enactment, the 15 percent cap on funds to provide support for the North Pacific Research Board and administer grants under section 401(e)(4)(B) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d(e)(4)(B)) shall be waived.
This division may be cited as the Renewing Opportunity in the American Dream to Housing Act of 2025 or the ROAD to Housing Act of 2025.
The table of contents for this division is as follows:
Section 106 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x) is amended—
in subsection (a)(4)(C), by striking adequate distribution and all that follows through foreclosure rates and inserting that the recipients are geographically diverse and include organizations that serve urban or rural areas;
in subsection (e), by adding at the end the following:
The Secretary—
may conduct periodic on-site reviews; and
shall conduct performance reviews of all participating agencies that—
consists of a review of the participating agency’s compliance with all program requirements; and
may take into account the agency’s aggregate counselor performance under paragraph (7)(B).
In this paragraph, the term covered mortgage loan means any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of between 1 and 4 families that is—
insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.); or
guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b).
For each counselor employed by an organization receiving assistance under this section for pre-purchase housing counseling, the Secretary may consider the performance of the counselor compared to the default rate of all counseled borrowers of a covered mortgage loan in comparable markets and such other factors as the Secretary determines appropriate to further the purposes of this section.
If, based on the comparison required under paragraph (7)(B), the Secretary determines that a counselor lacks competence to provide counseling in the areas described in subsection (e)(2) and such action will not create a significant loss of capacity for housing counseling services in the service area, the Secretary may—
require continued education coupled with successful completion of a probationary period;
require retesting if the counselor continues to demonstrate a lack of competence under paragraph (7)(B); and
permanently suspend an individual certification if a counselor fails to demonstrate competence after not fewer than 2 retesting opportunities under subparagraph (B).
in subsection (i)—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following:
The Secretary may deny renewal of covered assistance to an organization or entity receiving covered assistance if the Secretary determines that the organization or entity, or the individual through which the organization or entity provides counseling, is not in compliance with program requirements—
based on the performance review described in subsection (e)(6); and
in accordance with regulations issued by the Secretary.
The Secretary shall give an organization or entity receiving covered assistance not less than 60 days prior written notice of any denial of renewal under this paragraph, and the determination of renewal shall not be finalized until the end of that notice period.
If requested in writing by the organization or entity within the notice period described in subparagraph (B), the organization or entity shall be entitled to an informal conference with the Deputy Assistant Secretary of Housing Counseling on behalf of the Secretary at which the organization or entity may present for consideration of specific factors that the organization or entity believes were beyond the control of the organization or entity and that caused the failure to comply with program requirements, such as a lack of lender or servicer coordination or communication with housing counseling agencies and individual counselors.
by adding at the end the following:
In this subsection, the term covered mortgage loan means any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums) or stock or membership in a cooperative ownership housing corporation designed principally for the occupancy of between 1 and 4 families that is—
insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.);
guaranteed under section 184 or 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a, 1715z–13b);
made, guaranteed, or insured by the Department of Veterans Affairs; or
made, guaranteed, or insured by the Department of Agriculture.
A borrower with respect to a covered mortgage loan who is 30 days or more delinquent on payments for the covered mortgage loan shall be given an opportunity to participate in available housing counseling.
If the requirements of sections 202(a)(3) and 205(f) of the National Housing Act (12 U.S.C. 1708(a)(3), 1711(f)) are met, the fair market rate cost of counseling for delinquent borrowers described in paragraph (2) with respect to a covered mortgage loan described in paragraph (1)(A) shall be paid for by the Mutual Mortgage Insurance Fund, as authorized under section 203(r)(4) of the National Housing Act (12 U.S.C. 1709(r)(4)).
The language under the heading Rental Assistance Demonstration in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55; 125 Stat. 673) is amended—
in the second proviso, by striking until September 30, 2029 and inserting for fiscal year 2012 and each fiscal year thereafter;
by striking the fourth proviso;
in the twentieth proviso, as so designated before the date of enactment of this Act, by striking or other means: and inserting or other means, including the adoption of a mandatory tenant lease and management plan addendum for a property with assistance converted, if not otherwise covered by another program, under this demonstration:
by striking the twenty-second proviso, as so designated before the date of enactment of this Act;
in the twenty-seventh, thirtieth, thirty-first, thirty-second, thirty-third, and thirty-forth provisos, as so designated before the date of enactment of this Act, by striking Second Component each place the term appears and inserting First Component; and
by striking vouchers to project-based vouchers. and inserting vouchers to project-based vouchers: Provided further, That the Secretary shall annually assess and publish findings regarding the impact of the conversion of assistance under the First Component of the demonstration with respect to the preservation and improvement of public housing, the amount of private sector leveraging resulting from such conversion transactions, the prevalence of pre-conversion residents remaining in or returning to the property following conversion, and the effect of such conversion on tenants, including the impact of such conversion on the rights maintained by tenants as enumerated in regulations and other documents conferring rights upon tenants as developed by the Secretary, and other matters the Secretary may determine appropriate: Provided further, That the Secretary may take remediative action or impose civil money penalties or other administrative sanctions for material violations of a requirement under the demonstration: Provided further, That nothing in the matter under this heading shall be construed to diminish, impair, or otherwise affect the rights of property owners or tenants as enumerated in current law and regulations: Provided further, That all property owner rights, including those related to ownership, management, and contractual obligations, shall continue to apply and be respected following a Rental Assistance Demonstration Program conversion: Provided further, That all tenant protections and rights established in current law and regulations shall remain fully in effect for properties converted under the Rental Assistance Demonstration Program..
In this section, the term covered grant means any competitive grant relating to the construction, modification, rehabilitation, or preservation of housing, as determined by the Secretary of Housing and Urban Development.
When awarding a covered grant, the Secretary of Housing and Urban Development may give additional weight to applicants located in, or that primarily serve, a community that has been designated as a qualified opportunity zone under section 1400Z–1 of the Internal Revenue Code of 1986.
Congress finds the following:
The United States is facing a housing supply shortage. This housing supply shortage has resulted in a record number of cost-burdened households across regions and spanning the large and small cities, towns, and coastal and rural communities of the United States.
Several factors contribute to the undersupply of housing in the United States, particularly workforce housing, including rising costs of construction, a shortage of labor, supply chain disruptions, and a lack of reliable funding sources.
Regulatory barriers at the State and local levels, such as zoning and land use regulations, also inhibit the creation of new housing to meet local and regional housing needs.
State and local governments are proactively exploring solutions for reforming regulatory barriers, but additional resources, data, and models can help adequately address these challenges.
While land use regulation is the responsibility of State and local governments, there is Federal support for necessary reforms, and there is an opportunity for the Federal Government to provide support and assistance to State and local governments that wish to undertake necessary reforms in a manner that fits their communities’ needs.
Therefore, zoning ordinances or systems of land use regulation that have the intent or effect of restricting housing opportunities based on economic status or income without interests that are substantial, legitimate, nondiscriminatory and that outweigh the regional need for housing are contrary to the regional and national interest.
In this section:
The term affordable housing means housing for which the monthly payment is not more than 30 percent of the monthly income of the household.
The term Assistant Secretary means the Assistant Secretary for Policy Development and Research of the Department of Housing and Urban Development.
The term local zoning framework means the local zoning codes and other ordinances, procedures, and policies governing zoning and land-use at the local level.
The term Secretary means the Secretary of Housing and Urban Development.
The term State zoning framework means the State legislation or State agency and department procedures, or such legislation or procedures in an insular area of the United States, enabling local planning and zoning authorities and establishing and guiding related policies and programs.
Not later than 3 years after the date of enactment of this Act, the Assistant Secretary shall publish documents outlining guidelines and best practices to support production of adequate housing to meet the needs of communities and provide housing opportunities for individuals at every income level across communities with respect to—
State zoning frameworks; and
local zoning frameworks.
During the 2-year period beginning on the date of enactment of this Act, in developing the guidelines and best practices required under paragraph (1), the Assistant Secretary shall—
publish draft guidelines in the Federal Register for public comment; and
establish a task force for the purpose of providing consultation to draft guidelines published under subparagraph (A), the members of which shall include—
planners and architects;
housing developers, including affordable and market-rate housing developers, manufactured housing developers, and other business interests;
community engagement experts and community members impacted by zoning decisions;
public housing authorities and transit authorities;
members of local zoning and planning boards and local and regional transportation planning organizations;
State officials responsible for housing or land use, including members of State zoning boards of appeals;
academic researchers; and
home builders.
The guidelines and best practices required under paragraph (1) shall—
with respect to State zoning frameworks, outline potential models for updated State enabling legislation or State agency and department procedures;
include recommendations regarding—
the reduction or elimination of parking minimums;
the increase in maximum floor area ratio requirements and maximum building heights and the reduction in minimum lot sizes and set-back requirements;
the elimination of restrictions against accessory dwelling units;
increasing by-right uses, including duplex, triplex, or quadplex buildings, across cities or metropolitan areas;
mechanisms, including proximity to transit, to determine the appropriate scope for rezoning and ensure development that does not disproportionately burden residents of economically distressed areas;
provisions regarding review of by-right development proposals to streamline review and reduce uncertainty, including—
nondiscretionary, ministerial review; and
entitlement and design review processes;
the reduction of obstacles, regulatory or otherwise, to a range of housing types at all levels of affordability, including manufactured and modular housing;
State model zoning regulations for directing local reforms, including mechanisms to encourage adoption;
provisions to encourage transit-oriented development, including increased permissible units per structure and reduced minimum lot sizes near existing or planned public transit stations;
potential reforms to strengthen the public engagement process;
reforms to protest petition statutes;
the standardization, reduction, or elimination of impact fees;
cost effective and appropriate building codes;
models for community benefit agreements;
mechanisms to preserve affordability, limit disruption of low-income communities, and prevent displacement of existing residents;
with respect to State zoning frameworks—
State model codes for directing local reforms, including mechanisms to encourage adoption;
a model for a State zoning appeals process, which would—
create a process for developers or builders requesting a variance, conditional use, special permit, zoning district change, similar discretionary permit, or otherwise petitioning a local zoning or planning board for a project including a State-defined amount of affordable housing to appeal a rejection to a State body or regional body empowered by the State; and
establish qualifications for communities to be exempted from the appeals process based on their available stock of affordable housing; and
streamlining of State environmental review policies;
with respect to local zoning frameworks—
the simplification and standardization of existing zoning codes;
maximum review timelines;
best practices for the disposition of land owned by local governments for affordable housing development;
differentiations between best practices for rural, suburban, and urban communities, and communities with different levels of density or population distribution; and
streamlining of local environmental review policies; and
other land use measures that promote access to new housing opportunities identified by the Secretary; and
consider—
the effects of adopting any recommendation on eligibility for Federal discretionary grants and tax credits for the purpose of housing or community development;
coordination between infrastructure investments and housing planning;
local housing needs, including ways to set and measure housing goals and targets;
a range of affordability for rental units, with a prioritization of units attainable to extremely low-, low-, and moderate-income residents;
a range of affordability for homeownership;
accountability measures;
the long-term cost to residents and businesses if more housing is not constructed;
barriers to individuals seeking to access affordable housing in growing communities and communities with economic opportunity;
with respect to State zoning frameworks—
distinctions between States providing constitutional or statutory home rule authority to municipalities and States operating under the Dillon Rule, as articulated in Hunter v. Pittsburgh, 207 U.S. 161 (1907); and
Statewide mechanisms to preserve existing affordability over the long term, including support for land banks and community land trusts;
public comments elicited under paragraph (2)(A); and
other considerations, as identified by the Secretary.
The Regulatory Barriers Clearinghouse established pursuant to section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is abolished.
Section 1205 of the Housing and Community Development Act of 1992 (42 U.S.C. 12705d) is repealed.
Not later than 5 years after the date on which the Assistant Secretary publishes the guidelines and best practices for State and local zoning frameworks, the Assistant Secretary shall submit to Congress a report describing—
the States that have adopted recommendations from the guidelines and best practices, pursuant to subsection (c);
a summary of the localities that have adopted recommendations from the guidelines and best practices, pursuant to subsection (c);
a list of States that adopted a State zoning framework;
a summary of the modifications that each State has made in their State zoning framework;
a general summary of the types of updates localities have made to their local zoning framework;
of the States that have adopted a State zoning framework or recommendations from the guidelines and best practices, the effect of such adoptions; and
a summary of recommendations that were routinely not adopted by States or by localities.
Two years after the date which the Assistant Secretary submits to Congress the initial report required under paragraph (1), and biennially thereafter, the Secretary shall—
publish a report that—
provides the latest information regarding the information described in subparagraphs (A) through (G) of that paragraph;
identifies, to the greatest extent practicable, the adoption rates by States and localities of each guideline and best practice established under subsection (c);
requests and establishes a public comment period on the guidelines and best practices established under subsection (c) that are routinely not adopted or adopted at significantly lower rates by States and localities; and
includes other relevant information and criteria, as determined by the Secretary; and
review and consider all public feedback to the report required under subparagraph (A) for the purpose of improving the guidelines or best practices under subsection (c) to further achieve the zoning goals stated in subsection (a).
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that investigates barriers to housing supply, which shall include an assessment of—
the current state of—
the rental and homeowner housing supply shortage;
geographic patterns of that shortage;
shortages in housing at various levels of affordability; and
shortages in housing appropriate for seniors, families with children, and people with disabilities;
the key drivers of the shortages described in paragraph (1);
regulatory, administrative, or procedural barriers that exist in Federal housing programs that inhibit housing development, and policy actions that can be taken to address those barriers;
the extent to which jurisdictions have successfully implemented zoning or other policy reforms to increase housing production and supply; and
opportunities for increasing coordination between the Department of Housing and Urban Development, the Federal Housing Finance Agency, the Department of Agriculture, the Department of the Treasury, and other agencies to address housing supply.
There is authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2026 through 2030.
Nothing in this section may be construed to permit the Department of Housing and Urban Development to take an adverse action against or fail to provide otherwise offered actions or services for any State or locality if the State or locality declines to adopt a guideline or best practice under subsection (c).
In this section:
The term affordable unit means a unit for which the monthly rental payment is not more than 30 percent of the gross income of an individual earning at or below 80 percent of the area median income, as defined by the Secretary.
The term assisted unit means a unit that undergoes repair or rehabilitation work through a whole-home repairs program administered by an implementing organization under this section.
The term eligible homeowner means a homeowner—
with a household income that—
is not more than 80 percent of the area median income; or
meets the income eligibility requirements for receiving assistance or benefits under a specified program, as defined in paragraph (11); and
who is—
an owner of record as evidenced by a publicly recorded deed and occupies the home on which repairs are to be conducted as their principal residence;
an owner-occupant of the manufactured home on which repairs are to be conducted; or
an owner who can demonstrate an ownership interest in the property on which repairs are to be conducted, including a person who has inherited an interest in that property.
The term eligible landlord means an individual—
who owns, as determined by the relevant implementing organization, fewer than 10 eligible rental properties, with a majority of affordable units and not more than 50 total units, operated as primary residences in which a majority ownership interest is held by the individual, the spouse of the individual, or the dependent children of the individual, or any closely held legal entity controlled by the individual, the spouse of the individual, or the dependent children of the individual, either individually or collectively; and
who agrees to the provisions described in subsection (b)(3).
The term eligible rental property means a residential property that—
is leased, or offered exclusively for lease, as a primary residence by an eligible landlord; and
includes affordable units.
The term forgivable loan means a loan—
made to an eligible landlord;
that is secured by a lien recorded against a residential property; and
that may be forgiven by the implementing organization not later than the date that is 3 years after the completion of the repairs if the eligible landlord has maintained compliance with the loan agreement described in subsection (b)(3).
The term implementing organization—
means a unit of general local government or a State that—
will administer a whole-home repairs program through an agency, department, or other entity; or
enter into agreements with 1 or more local governments, municipal authorities, other governmental authorities, including a tribally designated housing entity, or qualified nonprofit organizations, to administer a whole-home repairs program as a subrecipient; and
does not include a redundant entity in a jurisdiction already served by a grantee under subsection (b).
The term Indian tribe has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
The term qualified nonprofit means a nonprofit organization that—
has received funding, as a recipient or subrecipient, through—
the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
the HOME Investment Partnerships program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.);
the Lead-Based Paint Hazard Reduction grant program under section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852) or a grant under the Healthy Homes Initiative administered by the Secretary pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z–1, 1701z–2);
the Self-Help and Assisted Homeownership Opportunity program authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note);
a rural housing program under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.); or
the Neighborhood Reinvestment Corporation established under the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101 et seq.);
has coordinated, performed, or otherwise been engaged in weatherization, lead remediation, or home-repair work for not less than 2 years;
has been certified by the Environmental Protection Agency, or by a State authorized by the Environmental Protection Agency to administer a certification program, as—
eligible to carry out activities under the lead renovation, repair and painting program; or
a Home Certification Organization under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) or the WaterSense program under section 324B of that Act (42 U.S.C. 6294b), or recognized or otherwise approved by the Environmental Protection Agency as a Home Certification Organization under either of those programs; or
is a community development financial institution, as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).
The term Secretary means the Secretary of Housing and Urban Development.
For purposes of paragraph (3)(A)(ii), the term specified program means any of the following:
The Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
The State Children's Health Insurance Program established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).
The supplemental security income benefits program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.).
The supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
The temporary assistance for needy families program established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
The term State means—
each State of the United States;
the District of Columbia;
the Commonwealth of Puerto Rico;
any territory or possession of the United States; and
an Indian tribe.
The term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
The term whole-home repairs means modifications, repairs, or updates to homeowner or renter-occupied units to address—
physical and sensory accessibility for individuals with disabilities and older adults, such as bathroom and kitchen modifications, installation of grab bars and handrails, guards and guardrails, lifting devices, ramp additions or repairs, sidewalk addition or repair, or doorway or hallway widening;
habitability and safety concerns, such as repairs needed to ensure residential units are fit for human habitation and free from defective conditions or health and safety hazards; or
energy and water efficiency, resilience, and weatherization.
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to provide grants to implementing organizations to administer a whole-home repairs program for eligible homeowners and eligible landlords.
An implementing organization that receives a grant under this subsection—
shall provide grants to eligible homeowners to implement whole-home repairs not covered by other Federal home repair programs and up to a maximum amount per unit, which maximum amount should—
reflect local construction costs and the level of repairs needed in each unit; and
be calculated and approved by the Secretary;
shall provide loans, which may be forgivable, to eligible landlords to implement whole-home repairs not covered by other Federal home repair programs for individual affordable units, public and common use areas within the property, and common structural elements up to a maximum amount per unit, area, or element, as applicable, which maximum amount should—
reflect local construction costs; and
be calculated and approved by the Secretary;
shall evaluate, or provide assistance to eligible homeowners and eligible landlords to evaluate, whole-home repair program funds provided under this subsection with Federal, State, and local home repair programs to provide the greatest benefit to the greatest number of eligible landlords and eligible homeowners and avoid duplication of benefits and redundancies;
shall ensure that—
all repairs funded or facilitated through an award under this subsection have been completed;
if repairs are not completed and the plan for whole-home repairs is not updated to reflect the new scope of work, that the loan or grant is repaid on a prorated basis based on completed work; and
any unused grant or loan balance is returned to the implementing organization, and is reused by the implementing organization for a new whole-home repair grant or loan under this subsection;
may use not more than 5 percent of the awarded funds to carry out related functions, including workforce training for home repair professions, which shall be related to efforts to increase the number of home repairs performed and approved by the Secretary;
may use not more than 10 percent of the awarded funds for administrative expenses;
shall comply with Federal accessibility requirements and standards under applicable Federal fair housing and civil rights laws and regulations, including section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
shall ensure that rental properties assisted under subparagraph (B) shall be treated as projects assisted under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
In a loan agreement with an eligible landlord under this subsection, an implementing organization shall include provisions establishing that the eligible landlord shall, for each eligible rental property for which a loan is used to fund repairs under this subsection—
comply with Federal accessibility requirements and standards under applicable Federal fair housing and civil rights laws and regulations, including section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
if the landlord is renting the assisted units available in the eligible rental property to tenants receiving tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), under another tenant-based rental assistance program administered by the Secretary or the Secretary of Agriculture, or under a tenant-based rental subsidy provided by a State or local government, comply with the program requirements under the relevant tenant-based rental assistance program; or
if the eligible landlord is not renting to tenants receiving rental-based assistance as described in clause (i)—
offer to extend the lease of current tenants on current terms, other than the terms described in subclause (iv) for not less than 3 years beginning after the completion of the repairs, unless the lease is terminated due to failure to pay rent, performance of an illegal act within the rental unit, or a violation of an obligation of tenancy that the tenants failed to correct after notice; and
if the tenant of an assisted unit moves out of the assisted unit at any point in the 3-year period following the loan agreement, maintain the unit as an affordable unit for the remainder of the 3-year period;
provide documentation verifying that the property, upon completion of approved renovations, has met all applicable State and local housing and building codes;
attest that the landlord has no known serious violations of renter protections that have resulted in fines, penalties, or judgments during the preceding 10 years; and
cap annual rent increases for each assisted unit at 5 percent of base rent or inflation, whichever is lower, for not less than 3 years beginning after the completion of the repairs.
An implementing organization desiring an award under this subsection shall submit to the Secretary an application that includes—
the geographic scope of the whole-home repairs program to be administered by the implementing organization, including the plan to address need in any rural, suburban, or urban area within a jurisdiction;
a plan for selecting subrecipients, if applicable;
how the implementing organization plans to execute the coordination of Federal, State, and local home repair programs, including programs administered by the Department of Energy or the Department of Agriculture, to increase efficiency and reduce redundancy;
available data on the need for affordable and quality housing within the geographic scope of the whole-home repairs program, and any plans to preserve affordability through the term of the award;
how the implementing organization plans to process and verify applications for grants from eligible homeowners and applications for loans from eligible landlords; and
such other information as the Secretary requires to determine the ability of an applicant to carry out a program under this subsection.
In making awards under this subsection, the Secretary shall—
with respect to applications submitted by States other than the District of Columbia and the territories of the United States, prioritize those applications with a demonstrated plan to—
make a good faith effort to implement the pilot program in every jurisdiction; and
provide non-metropolitan areas, or subrecipients serving non-metropolitan areas if applicable, with a share of total funds commensurate to their population;
aim to select applicants so that the awardees collectively span diverse geographies, with an intent to understand the impact of the pilot program under this subsection in urban, suburban, rural, and Tribal settings; and
not disqualify implementing organizations that were awarded grants under the pilot program in prior application cycles.
The Secretary shall make available to grant recipients under this subsection information regarding existing Federal programs for which grant recipients may coordinate or provide assistance in coordinating applications for those programs in accordance with paragraph (2)(C).
In each year in which an award is made under this subsection, the Secretary shall award assistance to—
not less than 2, and not more than 10, implementing organizations, as application numbers and funding permit; and
not more than 1 implementing organization in any State.
If a loan made by an implementing organization under paragraph (2)(B) is not forgiven, the loan repayment funds shall be reused by the implementing organization for a new whole-home repair grant or loan under this subsection, which shall remain subject to the original terms of the assistance awarded under this subsection.
Amounts awarded under this subsection to implementing organizations shall supplement, not supplant, other Federal, State, and local funds made available to those entities.
To the extent possible, in carrying out the pilot program under this subsection, the Secretary shall—
endeavor to improve efficiency of service delivery, as well as the experience of and impact on the taxpayer, by encouraging programmatic collaboration and information sharing across Federal, State, and local programs for home repair or improvement, including programs administered by the Department of the Agriculture; and
enhance collaboration and cross-agency streamlining efforts that reduce the burdens of multiple income verification processes and applications on the eligible homeowner, the eligible landlord, the implementing organization, and the Federal Government, including by establishing assistance application procedures for income eligibility under this subsection that recognize income eligibility determinations for assistance using any of the criteria under subsection (a)(3)(A) that have been used for assistance applications during the 1-year period preceding the date on which an eligible homeowner or eligible landlord applies for assistance under this subsection.
An implementing organization that receives a grant under this subsection shall submit to the Secretary an annual report on initial funding that includes—
the number of units served, including reporting on both homeownership and rental units, as well as accessible units;
the average cost per unit for modifications or repairs and the nature of those modifications or repairs, including reporting on accessibility and both homeownership and rental units;
the number of applications received, served, denied, or not completed, disaggregated by geographic area;
the aggregated demographic data of grant recipients, which may include data on income range, urban, suburban, and rural residency, age, and racial and ethnic identity;
the aggregated demographic data of loan recipients, which may include data on income range, urban, suburban, and rural residency, age, and racial and ethnic identity;
an affirmation that the implementation organization has complied with the applicable regulations, including compliance with Federal accessibility requirements;
in the first year of receiving a grant, and as certified in subsequent reports, a comprehensive plan to prevent waste, fraud, and abuse in the administration of the pilot program, which shall include, at a minimum—
a policy enacted and enforced by the implementing organization to monitor ongoing expenditures under this subsection and ensure compliance with applicable regulations;
a policy enacted and enforced by the implementing organization to detect and deter fraudulent activity, including fraud occurring in individual projects and patterns of fraud by parties involved in the expenditure of funds under this subsection;
a statement setting forth any violations detected by the implementing organization during the previous calendar year, including details about steps taken to achieve compliance and any remedial measures; and
a certification by the chief executive or most senior compliance officer of the organization that the organization maintains sufficient staff and resources to effectively carry out the above-mentioned policies; and
such other information as the Secretary may require.
To limit the costs of implementing the pilot program under this subsection, the Secretary shall endeavor, to the extent possible, to structure reporting requirements such that they align with the data reporting requirements in place for funding streams that implementing organizations are likely to use in partnership with funding from this subsection, including the reporting requirements under—
the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
the HOME Investment Partnerships program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.);
the Weatherization Assistance Program for low-income persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); and
the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).
Not less frequently than twice during the period in which the pilot program established under this subsection operates, the Office of Inspector General of the Department of Housing and Urban Development shall complete an assessment of the implementation of measures to ensure the fair and legitimate use of the pilot program.
The Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report providing a summary of the data provided under subparagraphs (A) and (C) during the 1-year period preceding the report and all data previously provided under those subparagraphs.
The Secretary—
is authorized to use up to $30,000,000 of funds made available as provided in appropriations Acts for programs administered by the Office of Lead Hazard Control and Healthy Homes to carry out the pilot program under this subsection; and
shall submit to the Committee on Appropriations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Appropriations and the Committee on Financial Services of the House of Representatives a report on the appropriations accounts from which the Secretary will derive the funding under subparagraph (A).
A grant under this subsection shall be—
treated as assistance for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547); and
subject to the regulations promulgated by the Secretary to implement such section.
The pilot program established under this subsection shall terminate on October 1, 2031.
The paragraph designated as the Eleventh of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24) is amended, in the fifth sentence, by striking 15 each place the term appears and inserting 20.
Section 9(23) of the Federal Reserve Act (12 U.S.C. 338a) is amended, in the fifth sentence, by striking 15 each place the term appears and inserting 20.
In this section:
The term covered recipient means a metropolitan city or urban county, as those terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302), that receives funds under section 106.
The term current annual growth rate, with respect to an eligible recipient and a fiscal year, means the average annual percentage increase in the number of housing units in the jurisdiction of the eligible recipient, as calculated by the Secretary, during the period—
beginning with the third quarter of the sixth preceding fiscal year; and
ending with the third quarter of the preceding fiscal year.
The term eligible recipient means any covered recipient unless—
the median Small Area Fair Market Rent in the jurisdiction of the covered recipient is at or below the 60th percentile of median Small Area Fair Market Rents in the jurisdictions of all covered recipients; and
the median home value in the jurisdiction of the covered recipient is below the median home value for the United States;
the annual natural rental vacancy rate in the jurisdiction of the covered recipient is greater than the national annual natural rental vacancy rate for the most recent year available, as published by the Bureau of the Census;
during the 1-year period preceding the date on which the Secretary allocates funds under section 106, the jurisdiction of the covered recipient has been the subject of a major disaster or emergency declaration under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191); or
the covered recipient lacks the legal authority to enact or update zoning and permitting ordinances.
The term extremely high-growth recipient means an eligible recipient for which the current annual growth rate is at or above 4 percent.
The term housing growth improvement rate, with respect to an eligible recipient and a fiscal year, means the quotient of—
the current annual growth rate of the eligible recipient, minus
the prior annual growth rate of the eligible recipient; and
the sum obtained by adding the absolute values of the current annual growth rate and the prior annual growth rate of the eligible recipient.
The term prior annual growth rate, with respect to an eligible recipient and a fiscal year, means the average annual percentage increase in the number of housing units in the jurisdiction of the eligible recipient, as calculated by the Secretary, during the period—
beginning with the third quarter of the 11th preceding fiscal year; and
ending with the third quarter of the sixth preceding fiscal year.
The term Secretary means the Secretary of Housing and Urban Development.
The term section 106 means section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306).
In allocating amounts to an eligible recipient under section 106 for a fiscal year, the Secretary shall adjust the allocation based on the housing growth improvement rate of the eligible recipient, in accordance with paragraph (2) of this subsection.
If, with respect to a fiscal year for which the allocation under section 106 is being determined, the housing growth improvement rate for an eligible recipient is at or above the median housing growth improvement rate for all eligible recipients other than extremely high-growth recipients, or if an eligible recipient is an extremely high-growth recipient, the Secretary shall allocate to the eligible recipient for that fiscal year, in addition to the amount that would otherwise be allocated to the eligible recipient under section 106, a bonus amount, as determined under clause (ii) of this subparagraph.
For purposes of clause (i), the bonus amount for an eligible recipient for a fiscal year shall be equal to the product of—
the aggregate amount by which allocations to eligible recipients are decreased under subparagraph (B) for that fiscal year; and
the quotient of—
the number of housing units, as of the third quarter of the preceding fiscal year, in the jurisdiction of the eligible recipient, as calculated by the Secretary; and
the number of housing units, as of the third quarter of the preceding fiscal year, in the jurisdictions of all eligible recipients that receive a bonus amount under this paragraph, as calculated by the Secretary.
If, with respect to a fiscal year for which the allocation under section 106 is being determined, the housing growth improvement rate for an eligible recipient is below the median housing growth improvement rate for all eligible recipients other than high-growth outliers, the Secretary shall decrease the amount that would otherwise be allocated to the eligible recipient under section 106 for that fiscal year by 10 percent.
In calculating the number of housing units in the jurisdiction of an eligible recipient under any provision of this section, the Secretary shall—
use the Current Address Count Listing Files and other data products, as needed, of the Bureau of the Census tabulated from the Master Address File; and
make calculations at the block level, using boundaries that reflect the most current boundaries.
The Bureau of the Census and the United States Postal Service shall provide any relevant data to the Secretary upon request to assist the Secretary in making a calculation described in paragraph (1).
The Secretary may adjust the calculation periods under subparagraphs (A) and (B) of subsection (a)(2), subparagraphs (A) and (B) of subsection (a)(6), and items (aa) and (bb) of subsection (b)(2)(A)(ii)(II) by not more than 2 months to achieve alignment with the data provided by the Bureau of the Census.
Before allocating funds under section 106 for a fiscal year, the Secretary shall publish a report that—
includes the housing growth improvement rate for each eligible recipient; and
lists, for the most recent fiscal year for which allocations were made under section 106—
the eligible recipients that received a bonus amount under subsection (b)(2)(A); and
the eligible recipients for which the allocation under section 106 was decreased under subsection (b)(2)(B) of this section.
Not later than 60 days after the date of enactment of this Act, the Secretary shall notify each eligible recipient of the recipient’s housing growth improvement rate and whether that housing growth improvement rate is above, at, or below the median housing growth improvement rate for all eligible recipients other than extremely high-growth recipients.
As part of the notification under subparagraph (A), the Secretary shall share guidance, including resources developed by the Department of Housing and Urban Development, on best practices and recommendations on policies to reduce regulatory barriers to housing and increase housing supply.
Subsection (b) shall take effect beginning with the third full fiscal year after the date of enactment of this Act and remain in effect through fiscal year 2043.
This section shall not apply to amounts appropriated before the date of enactment of this Act.
The Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is amended by inserting after section 12 (42 U.S.C. 3537a) the following:
Except as provided in subsection (b), the Secretary may, for purposes of environmental review, decision making, and action pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other provisions of law that further the purposes of such Act, designate the treatment of assistance administered by the Secretary as funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547).
The designation described in subsection (a) shall not apply to assistance for which a procedure for carrying out the responsibilities of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other provisions of law that further the purposes of such Act, is otherwise specified in law.
Section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547) is amended—
by striking State or unit of general local government each place it appears and inserting State, Indian tribe, or unit of general local government;
in paragraph (1)(C), in the heading, by striking State or unit of general local government and inserting State, Indian tribe, or unit of general local government; and
by adding at the end the following:
For purposes of this subsection, the term Indian tribe means a federally recognized tribe, as defined in section 4(13)(B) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13)(B)).
In this section:
The term infill project means a project that—
occurs within the geographic limits of a municipality;
is adequately served by existing utilities and public services as required under applicable law;
is located on a site of previously disturbed land of not more than 5 acres and substantially surrounded by residential or commercial development;
will repurpose a vacant or underutilized parcel of land, or a dilapidated or abandoned structure; and
will serve a residential or commercial purpose.
The term Secretary means the Secretary of Housing and Urban Development.
The Secretary shall, in accordance with section 553 of title 5, United States Code, and section 103 of the National Environmental Policy Act of 1969 (42 U.S.C. 4333), expand and reclassify housing-related activities under the necessary administrative regulations as follows:
The following housing-related activities shall be subject to regulations equivalent or substantially similar to the regulations entitled exempt activities as set forth in section 58.34 of title 24, Code of Federal Regulations, as in effect on January 1, 2025:
Tenant-based rental assistance.
Supportive services, including health care, housing services, permanent housing placement, day care, nutritional services, short-term payments for rent, mortgage, or utility costs, and assistance in gaining access to Federal Government and State and local government benefits and services.
Operating costs, including maintenance, security, operation, utilities, furnishings, equipment, supplies, staff training, and recruitment and other incidental costs.
Economic development activities, including equipment purchases, inventory financing, interest subsidies, operating expenses, and similar costs not associated with construction or expansion of existing operations.
Activities to assist homebuyers to purchase existing dwelling units or dwelling units under construction, including closing costs and down payment assistance, interest rate buydowns, and similar activities that result in the transfer of title.
Affordable housing pre-development costs related to obtaining site options, project financing, administrative costs and fees for loan commitment, zoning approvals, and other related activities that do not have a physical impact.
Approval of supplemental assistance, including insurance or guarantee, to a project previously approved by the Secretary.
Emergency homeowner or renter assistance for HVAC, hot water heaters, and other necessary uses of existing utilities required under applicable law.
The following housing-related activities shall be subject to regulations equivalent or substantially similar to the regulations entitled, (i) categorical exclusions not subject to section 58.5 and (ii) categorical exclusions not subject to the Federal laws and authorities cited in sections 50.4 in section 58.35(b) and section 50.19, respectively of title 24, Code of Federal Regulations, as in effect on January 1, 2025, if such activities do not materially alter environmental conditions and do not materially exceed the original scope of the project:
Acquisition, repair, improvement, reconstruction, or rehabilitation of public facilities and improvements (other than buildings) if the facilities and improvements are in place and will be retained in the same use without change in size or capacity of more than 20 percent, including replacement of water or sewer lines, reconstruction of curbs and sidewalks, and repaving of streets.
Rehabilitation of 1-to-4 unit residential buildings, and existing housing-related infrastructure, such as repairs or rehabilitation of existing wells, septics, or utility lines that connect to that housing.
New construction, development, demolition, acquisition, or disposition on up to 4 scattered site existing dwelling units where there is a maximum of 4 units on any 1 site.
Acquisitions (including leasing) or disposition of, or equity loans on an existing structure, or acquisition (including leasing) of vacant land if the structure or land acquired, financed, or disposed of will be retained for the same use.
The following housing-related activities shall be subject to regulations equivalent or substantially similar to the regulations entitled, (i) categorical exclusions subject to section 58.5 and (ii) categorical exclusions subject to the Federal laws and authorities cited in sections 50.4 in section 58.35(a) and section 50.20, respectively, of title 24, Code of Federal Regulations, as in effect on January 1, 2025, if such activities do not materially alter environmental conditions and do not materially exceed the original scope of the project:
Acquisitions of open space or residential property, where such property will be retained for the same use or will be converted to open space to help residents relocate out of an area designated as a high-risk area by the Secretary.
Conversion of existing office buildings into residential development, subject to—
a maximum number of units to be determined by the Secretary; and
a limitation on the change in building size of not more than 20 percent.
New construction, development, demolition, acquisition, or disposition on 5 to 15 dwelling units where there is a maximum of fifteen units on any 1 site. The units can be 15 1-unit buildings or 1 15-unit building, or any combination in between.
New construction, development, demolition, acquisition, or disposition on 15 or more housing units developed on scattered sites when there are not more than 15 housing units on any 1 site, and the sites are more than a set number of feet apart as determined by the Secretary.
Rehabilitation of buildings and improvements in the case of a building for residential use with 5 to 15 units, if the density is not increased beyond 15 units and the land use is not changed.
Infill projects consisting of new construction, rehabilitation, or development of residential housing units.
The voluntary acquisition of properties—
located in a—
floodway;
floodplain; or
other area, clearly delineated by the grantee; and
that have been impacted by a predictable environmental threat to the safety and well-being of program beneficiaries caused or exacerbated by a federally declared disaster.
The Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report during the 5-year period beginning on the date that is 2 years after the date of enactment of this Act that provides a summary of findings of reductions in review times and administrative cost reduction, with a particular focus on the affordable housing sector, as a result of the actions set forth in this section, and any recommendations of the Secretary for future congressional action with respect to revising categorical exclusions or exemptions under title 24, Code of Federal Regulations.
In this section:
The term attainable housing means housing that—
serves—
a majority of households with income not greater than 80 percent of area median income; and
households with income not greater than 100 percent of area median income; or
serves—
a majority of households with income not greater than 60 percent of area median income; and
households with income not greater than 120 percent of area median income.
The term eligible entity means—
a metropolitan city or urban county, as those terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302), that has demonstrated an objective improvement in housing supply growth, as determined by the Secretary, whose methodology for determining such growth is published in the Federal Register to allow for public comment not less than 90 days before date on which the notice of funding opportunity is made available; or
a unit of general local government or Indian tribe, as those terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302), that has demonstrated an objective improvement in housing supply growth, as determined by the Secretary, whose methodology for determining such improvement is published in the Federal Register to allow for public comment not less than 90 days before the date on which the notice of funding opportunity is made available.
The term Secretary means the Secretary of Housing and Urban Development.
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to award grants on a competitive basis to eligible entities that have increased their local housing supply.
The Secretary shall make a list of eligible entities publicly available on the website of the Department of Housing and Urban Development.
An eligible entity receiving a grant under this section may use funds to—
carry out any of the activities described in section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305);
carry out any of the activities permitted under the Local and Regional Project Assistance Program established under section 6702 of title 49, United States Code;
serve as matching funds under a State revolving fund program related to a clean water or drinking water program administered by the Environmental Protection Agency in which the eligible entity is the grantee under that program, unless otherwise determined by the Secretary; and
carry out initiatives of the eligible entity that facilitate the expansion of the supply of attainable housing and that supplement initiatives the eligible entity has carried out, or is in the process of carrying out, as specified in the application submitted under paragraph (4).
An eligible entity seeking a grant under this section shall submit to the Secretary an application that provides—
a description of each purpose for which the eligible entity will use the grant, and an attestation that the grant will be used only for 1 or more eligible purposes described in paragraph (3);
data on characteristics of increased housing supply during the 3-year period ending on the date on which the application is submitted, which may include whether such housing—
serves households at a range of income levels; and
has improved the quality and affordability of housing in the jurisdiction of the eligible entity;
a description of how each eligible purpose described in clause (i) may address a community need or advance an objective, or an aspect of an objective, included in the comprehensive housing affordability strategy and community development plan of the eligible entity under part 91 of title 24, Code of Federal Regulations, or any successor regulation (commonly referred to as a consolidated plan); and
a description of how the eligible entity has carried out, or is in the process of carrying out, initiatives that facilitate the expansion of the supply of housing.
Initiatives that meet the criteria described in paragraph (3)(D) include—
increasing by-right uses, including duplex, triplex, quadplex, and multifamily buildings, in areas of opportunity;
revising or eliminating off-street parking requirements to reduce the cost of housing production;
revising minimum lot size requirements, floor area ratio requirements, set-back requirements, building heights, and bans or limits on construction to allow for denser and more affordable development;
instituting incentives to promote dense development;
passing zoning overlays or other ordinances that enable the development of mixed-income housing;
streamlining regulatory requirements and shortening processes, increasing code enforcement and permitting capacity, reforming zoning codes, or other initiatives that reduce barriers to increasing housing supply and affordability;
eliminating restrictions against accessory dwelling units and expanding their by-right use;
using local tax incentives or public financing to promote development of attainable housing;
streamlining environmental regulations;
eliminating unnecessary manufactured-housing regulations and restrictions;
minimizing the impact of overburdensome energy and water efficiency standards on housing costs; and
other activities that reduce cost of construction, as determined by the Secretary.
The Secretary shall make not fewer than 25 grants on an annual basis (unless amounts appropriated to provide grant amounts consistent with subsection (b) are insufficient, in which case fewer grants may be awarded), with strong consideration of different geographical areas and a relatively even spread of rural, suburban, and urban communities.
No grant awarded under this paragraph may be—
more than $10,000,000; or
less than $250,000.
When awarding grants under this paragraph, the Secretary shall give priority to an eligible entity that has—
demonstrated the use of innovative policies, interventions, or programs for increasing housing supply, including adoption of any of the frameworks developed under section 203; and
demonstrated a marked improvement in housing supply growth.
Projects assisted under this section for activities described in sector 23 of the North American Industry Classification System shall be treated as projects assisted under the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
Nothing in this section shall be construed—
to authorize the Secretary to mandate, supersede, or preempt any local zoning or land use policy; or
to affect the requirements of section 105(c)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705(c)(1)).
There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2027 through 2031.
The amount authorized to be appropriated under paragraph (1) shall be adjusted for inflation based on the Consumer Price Index.
In this section:
The term affordable housing means housing for which the total monthly housing cost payment is not more than 30 percent of the monthly household income for a household earning not more than 80 percent of the area median income.
The term covered structure means—
a low-rise or mid-rise structure with not more than 25 dwelling units; and
includes—
an accessory dwelling unit;
infill development;
a duplex;
a triplex;
a fourplex;
a cottage court;
a courtyard building;
a townhouse;
a multiplex; and
any other structure with not less than 2 dwelling units that the Secretary considers appropriate.
The term eligible entity means—
a unit of general local government, as defined in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a));
a municipal membership organization; and
an Indian tribe, as defined in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)).
The term high opportunity area has the meaning given the term in section 1282.1 of title 12, Code of Federal Regulations, or any successor regulation.
The term infill development means residential development on small parcels in previously established areas for replacement by new or refurbished housing that utilizes existing utilities and infrastructure.
The term mixed-income housing means a housing development that is comprised of housing units that promote differing levels of affordability in the community.
The term pre-reviewed designs, also known as pattern books, means sets of construction plans that are assessed and approved by localities for compliance with local building and permitting standards to streamline and expedite approval pathways for housing construction.
The term rural area means any area other than a city or town that has a population of less than 50,000 inhabitants.
The term Secretary means the Secretary of Housing and Urban Development.
The Secretary may award grants to eligible entities to select pre-reviewed designs of covered structures of mixed-income housing for use in the jurisdiction of the eligible entity, except that such grant awards may not be used for construction, alteration, or repair work.
In reviewing applications submitted by eligible entities for a grant under this section, the Secretary shall consider—
the need for affordable housing by the eligible entity;
the presence of high opportunity areas in the jurisdiction of the eligible entity;
coordination between the eligible entity and a State agency; and
coordination between the eligible entity and State, local, and regional transportation planning authorities.
Of the amount made available in each fiscal year for grants under this section, the Secretary shall ensure that not less than 10 percent shall be used for grants to eligible entities that are located in rural areas.
The Secretary shall require eligible entities receiving grants under this section to report on—
the impacts of the activities carried out using the grant amounts in improving the production and supply of affordable housing;
the pre-reviewed designs selected using the grant amounts in their communities;
the number of permits issued for housing development utilizing pre-reviewed designs; and
the number of housing units produced in developments utilizing the pre-reviewed designs.
The Secretary shall—
to the extent possible, encourage localities to make publicly available through a website information on the pre-reviewed designs selected and submitted to the Secretary by eligible entities receiving grants under this section, including information on the benefits of use of those designs; and
collect, identify, and disseminate best practices regarding such designs and make such information publicly available on the website of the Department of Housing and Urban Development.
The Secretary may require an eligible entity to return to the Secretary any grant funds received under this section if the selected pre-reviewed designs submitted under this section have not been adopted during the 5-year period following receipt of the grant, unless that period is extended by the Secretary.
There is authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
The Secretary may set aside not more than 5 percent of amounts appropriated under paragraph (1) in a fiscal year to provide technical assistance to grant recipients under this section and pre-grant technical assistance for prospective applicants.
Section 5309 of title 49, United States Code, is amended—
in subsection (a)—
by redesignating paragraph (6) as paragraph (7); and
by inserting after paragraph (5) the following:
The term pro-housing policy—
means any adopted State or local policy that will remove regulatory barriers to the construction or preservation of housing units, including affordable housing units; and
shall include any adopted State or local policy that—
reduces or eliminates parking minimums;
establishes a by-right approval process for housing under which land use development approval is limited to determining that the development meets objective zoning and design standards that—
involve no subjective judgment by a public official;
are uniformly verifiable by reference to an external and uniform benchmark or criterion available to both the land use developer and the public official prior to submission; and
include only such standards as are published and adopted by ordinance or resolution by a jurisdiction before submission of a development application;
reduces or eliminates minimum lot sizes;
eliminates or raises residential property height limits or increases the number of dwelling units permitted to be constructed under a by-right approval process; or
carries out other policies as determined by the Secretary, in consultation with the Secretary of Housing and Urban Development.
in subsection (g)(2), by adding at the end the following:
In evaluating and rating a project as a whole for project justification under subparagraph (A), the Secretary—
may increase 1 point on the 5-point scale (high, medium-high, medium, medium-low, or low) the rating of a project if the applicant submits documented evidence of pro-housing policies for areas accessible to transit facilities along the project route; and
should consider whether the pro-housing policies documented by the applicant will result, through new production and preservation, in an amount of housing units, including housing units affordable below the area median income, that is appropriate to expected housing demand in the project area.
In developing the evaluation process that could lead to the increased rating described in subparagraph (D)(i), the Secretary shall consult with the Secretary of Housing and Urban Development.
in subsection (h)(6), by adding at the end the following:
In evaluating and rating the benefits of a project under subparagraph (A), the Secretary—
may increase the rating of a project if the applicant submits documented evidence of pro-housing policies for areas accessible to transit facilities along the project route; and
should consider whether the pro-housing policies documented by the applicant will result, through new production and preservation, in an amount of housing units, including housing units affordable below the area median income, that is appropriate to expected housing demand in the project area.
In developing the evaluation process that could lead to the increased rating described in subparagraph (C)(i), the Secretary shall consult with the Secretary of Housing and Urban Development.
in subsection (o)—
in paragraph (1)—
in subparagraph (B), by striking and at the end;
in subparagraph (C), by striking the period at the end and inserting ; and; and
by adding at the end the following:
information concerning projects for which the applicant submitted pro-housing policies under subsection (g)(2)(D) or subsection (h)(6) and received an adjustment of rating for project justification.
Subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.) is amended by adding at the end the following:
In this section:
The term attainable housing means housing that—
serves households earning not more than 100 percent of the area median income, if a majority of the housing units are affordable to households earning not more than 80 percent of the area median income; or
serves households earning not more than 120 percent of the area median income, if the majority of the housing units are affordable to households earning not more than 60 percent of the area median income.
The term converted housing unit means a housing unit that is created using a covered grant.
The term covered grant means a grant awarded under the Pilot Program.
The term eligible entity means a participating jurisdiction.
The term Pilot Program means the Blighted Building to Housing Conversion Program carried out under subsection (b).
The term vacant and abandoned building means a property—
that was constructed for use as a warehouse, factory, mall, strip mall, or hotel, or for another industrial or commercial use; and
with respect to which—
a code enforcement inspection has determined that the property is not safe; and
not less than 90 days have elapsed since the owner was notified of the deficiencies in the property and the owner has taken no corrective action; or
that is subject to a court-ordered receivership or nuisance abatement related to abandonment pursuant to State or local law or otherwise meets the definition of an abandoned property under State law.
For each of fiscal years 2027 through 2031, if the amounts made available to carry out the this subtitle exceed $1,350,000,000, the Secretary may use not more than $100,000,000 of the excess amounts to carry out a pilot program, to be known as the Blighted Building to Housing Conversion Program, under which the Secretary awards grants on a competitive basis to eligible entities to convert vacant and abandoned buildings into attainable housing.
For any fiscal year for which $100,000,000 is available to carry out the Pilot Program pursuant to subsection (b), the amount of a covered grant shall be not less than $1,000,000 and not more than $10,000,000.
For any fiscal year for which less than $100,000,000 is available to carry out the Pilot Program pursuant to subsection (b), the Secretary shall seek to maximize the number of covered grants awarded.
A covered grant awarded to an eligible entity shall be in addition to, and shall not affect, the formula allocation for the eligible entity under section 217.
In awarding covered grants, the Secretary shall give priority to an eligible entity that—
will use the covered grant in a community that is experiencing economic distress;
will use the covered grant in a qualified opportunity zone (as defined in section 1400Z–1(a) of the Internal Revenue Code of 1986);
will use the covered grant to construct housing that will serve a need identified in the comprehensive housing affordability strategy and community development plan of the eligible entity under part 91 of title 24, Code of Federal Regulations, or any successor regulation (commonly referred to as a consolidated plan); or
has enacted ordinances to reduce regulatory barriers to conversion of vacant and abandoned buildings to housing, which shall not include any alteration of an ordinance that governs safety and habitability.
An eligible entity may use a covered grant for—
property acquisition;
demolition;
health hazard remediation;
site preparation;
construction, renovation, or rehabilitation; or
the establishment, maintenance, or expansion of community land trusts.
In administering covered grants, the Secretary may waive, or specify alternative requirements for, any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by eligible entities of covered grant funds (except for requirements related to fair housing, nondiscrimination, labor standards, or the environment) if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement.
Not later than 180 days after the termination of the Pilot Program, the Secretary shall study and submit a report to Congress on the impact of the Pilot Program on—
improving the tax base of local communities;
increasing access to affordable housing, especially for elderly individuals, disabled individuals, and veterans;
increasing homeownership; and
removing blight.
The table of contents in section 1(b) of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625; 104 Stat. 4079) is amended by inserting after the item relating to section 226 the following:
The Commissioner of the Federal Housing Administration, in consultation with the Secretary of the Department of Housing and Urban Development, shall conduct a study to assess—
whether current multifamily loan limits for each multifamily mortgage insurance program are set at appropriate amounts, including to cover the cost of land and construction;
whether the Commissioner has sufficient authority to set loan limits for each multifamily mortgage insurance program at appropriate amounts, including to cover the cost of land and construction;
the potential impacts of altering the calculation of annual adjustments under section 206A of the National Housing Act (12 U.S.C. 1712a) using the percentage change in the Consumer Price Index for All Urban Consumers to instead use the percentage change in the Price Deflator Index of Multifamily Residential Units Under Construction released by the Bureau of the Census from March of the previous year to March of the year in which the adjustment is made, or a combination thereof, including—
the impact on the General Insurance and Special Risk Insurance Fund;
the availability of multifamily purchase and construction lending;
the impact on prices, including rental prices, within the multifamily housing market; and
the impact on housing supply.
The Commissioner of the Federal Housing Administration shall submit a report to Congress within 180 days of enactment of this Act summarizing its findings under the study in subsection (a).
The Secretary of Housing and Urban Development may, in consultation with the Commissioner of the Federal Housing Administration, conduct notice and comment rulemaking to increase multifamily loan limits in a manner that would not exceed the following:
With respect to insurance under section 207 of the National Housing Act (12 U.S.C. 1713)—
for projects that do not consist of elevator-type structures—
$83,655 per family unit without a bedroom;
$92,664 per family unit with one bedroom;
$110,682 per family unit with two bedrooms;
$136,422 per family unit with three bedrooms; and
$154,440 per family unit with four or more bedrooms; and
for projects that consist of elevator-type structures—
$96,525 per family unit without a bedroom;
$108,108 per family unit with one bedroom;
$132,561 per family unit with two bedrooms;
$166,023 per family unit with three bedrooms; and
$187,721.50 per family unit with four or more bedrooms.
With respect to insurance under section 213 of the National Housing Act (12 U.S.C. 1715e)—
for projects that do not consist of elevator-type structures—
$90,665.50 per family unit without a bedroom;
$104,524 per family unit with one bedroom;
$126,060 per family unit with two bedrooms;
$161,354.50 per family unit with three bedrooms; and
$179,757.50 per family unit with four or more bedrooms; and
for projects that consist of elevator-type structures—
$96,525 per family unit without a bedroom;
$109,362 per family unit with one bedroom;
$132,981 per family unit with two bedrooms;
$172,033.50 per family unit with three bedrooms; and
$188,839 per family unit with four or more bedrooms.
With respect to insurance under section 220 of the National Housing Act (12 U.S.C. 1715k)—
for projects that do not consist of elevator-type structures—
$83,655 per family unit without a bedroom;
$92,664 per family unit with one bedroom;
$110,682 per family unit with two bedrooms;
$136,422 per family unit with three bedrooms; and
$154,440 per family unit with four or more bedrooms; and
for projects that consist of elevator-type structures—
$96,525 per family unit without a bedroom;
$108,108 per family unit with one bedroom;
$132,561 per family unit with two bedrooms;
$161,023 per family unit with three bedrooms; and
$187,721.50 per family unit with four or more bedrooms.
With respect to insurance under section 221 of the National Housing Act (12 U.S.C. 1715l)—
for projects that do not consist of elevator-type structures—
$83,254.50 per family unit without a bedroom;
$94,498.50 per family unit with one bedroom;
$114,224 per family unit with two bedrooms;
$143,372 per family unit with three bedrooms; and
$162,461 per family unit with four or more bedrooms; and
for projects that consist of elevator-type structures—
$89,927 per family unit without a bedroom;
$103,090 per family unit with one bedroom;
$125,354 per family unit with two bedrooms;
$162,162 per family unit with three bedrooms; and
$178,008.50 per family unit with four or more bedrooms.
With respect to insurance under section 231 of the National Housing Act (12 U.S.C. 1715v)—
for projects that do not consist of elevator-type structures—
$83,254.50 per family unit without a bedroom;
$94,498.50 per family unit with one bedroom;
$114,224 per family unit with two bedrooms;
$143,372 per family unit with three bedrooms; and
$162,461 per family unit with four or more bedrooms; and
for projects that consist of elevator-type structures—
$89,927 per family unit without a bedroom;
$103,090 per family unit with one bedroom;
$125,354 per family unit with two bedrooms;
$162,162 per family unit with three bedrooms; and
$178,008.50 per family unit with four or more bedrooms.
With respect to insurance under section 234 of the National Housing Act (12 U.S.C. 1715y)—
for projects that do not consist of elevator-type structures—
$92,505.50 per family unit without a bedroom;
$106,658 per family unit with one bedroom;
$128,631.50 per family unit with two bedrooms;
$164,648 per family unit with three bedrooms; and
$183,425 per family unit with four or more bedrooms; and
for projects that consist of elevator-type structures—
$97,350 per family unit without a bedroom;
$111,593 per family unit with one bedroom;
$135,696 per family unit with two bedrooms;
$175,544.50 per family unit with three bedrooms; and
$192,693.50 per family unit with four or more bedrooms.
Nothing in this section or the amendment made by this section shall be construed to limit the authority of the Secretary of Housing and Urban Development to revise the statutory exceptions for high-cost percentage and high-cost areas annual indexing.
Section 603(6) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402(6)) is amended by striking on a permanent chassis and inserting with or without a permanent chassis.
Section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403) is amended by adding at the end the following:
Subject to subparagraph (B), not later than 1 year after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025, a State shall submit to the Secretary an initial certification that the laws and regulations of the State—
treat any manufactured home in parity with a manufactured home (as defined and regulated by the State); and
subject a manufactured home without a permanent chassis to the same laws and regulations of the State as a manufactured home built on a permanent chassis, including with respect to financing, title, insurance, manufacture, sale, taxes, transportation, installation, and other areas as the Secretary determines, after consultation with and approval by the consensus committee, are necessary to give effect to the purpose of this section.
Any State plan submitted under subparagraph (C) shall contain the required State certification under subparagraph (A) and, if contained therein, no additional or State certification under subparagraph (A) or paragraph (3).
With respect to a State with a legislature that meets biennially, the deadline for the submission of the initial certification required under subparagraph (A) shall be 2 years after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025.
The Secretary may not waive the prohibition described in paragraph (5)(B) with respect to a certification submitted after the deadline under subparagraph (A) or paragraph (3) unless the Secretary approves the late certification.
Nothing in this subsection shall be construed to prevent a State from submitting the initial certification required under subparagraph (A) after the required deadline under that subparagraph.
The initial certification required under paragraph (1)(A), if not submitted with a State plan under paragraph (1)(B), shall contain, in a form prescribed by the Secretary, an attestation by an official that the State has taken the steps necessary to ensure the veracity of the certification required under paragraph (1)(A), including, as necessary, by—
amending the definition of manufactured home in the laws and regulations of the State; and
directing State agencies to amend the definition of manufactured home in regulations.
Not later than a date to be determined by the Secretary each year, a State shall submit to the Secretary an additional certification that—
confirms the accuracy of the initial certification submitted under subparagraph (A) or (B) of paragraph (1); and
certifies that any new laws or regulations enacted or adopted by the State since the date of the previous certification does not change the veracity of the initial certification submitted under paragraph (1)(A).
The Secretary shall publish and maintain in the Federal Register and on the website of the Department of Housing and Urban Development a list of States that are up-to-date with the submission of initial and subsequent certifications required under this subsection.
In this paragraph, the term covered manufactured home means a home that is—
not considered a manufactured home under the laws and regulations of a State because the home is constructed without a permanent chassis;
considered a manufactured home under the definition of the term in section 603; and
constructed after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025.
If a State does not submit a certification under paragraph (1)(A) or (3) by the date on which those certifications are required to be submitted—
with respect to a State in which the State administers the installation of manufactured homes, the State shall prohibit the manufacture, installation, or sale of a covered manufactured home within the State; and
with respect to a State in which the Secretary administers the installation of manufactured homes, the State and the Secretary shall prohibit the manufacture, installation, or sale of a covered manufactured home within the State.
The Secretary of Housing and Urban Development may coordinate with the heads of other Federal agencies to ensure that Federal agencies treat a manufactured home (as defined in Federal laws and regulations other than section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402)) in the same manner as a manufactured home (as defined in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402), as amended by this Act).
Section 609 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5408) is amended—
in paragraph (1), by striking and at the end;
in paragraph (2), by striking the period at the end and inserting ; and; and
by adding at the end the following:
model guidance to support the submission of the certification required under section 604(i).
Nothing in this section or the amendments made by this section shall be construed as limiting the scope of Federal preemption under section 604(d) of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403(d)).
In this section:
The term manufactured home has the meaning given the term in section 603 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5402).
The term modular home means a home that is constructed in a factory in 1 or more modules, each of which meet applicable State and local building codes of the area in which the home will be located, and that are transported to the home building site, installed on foundations, and completed.
The term Secretary means the Secretary of Housing and Urban Development.
The Secretary shall conduct a review of Federal Housing Administration construction financing programs to identify barriers to the use of modular home methods.
In conducting the review under paragraph (1), the Secretary shall—
identify and evaluate regulatory and programmatic features that restrict participation in construction financing programs by modular home developers, including construction draw schedules; and
identify administrative measures authorized under section 525 of the National Housing Act (12 U.S.C. 1735f–3) to facilitate program utilization by modular home developers.
Not later than 1 year after the date of enactment of this Act, the Secretary shall publish a report that describes the results of the review conducted under paragraph (1), which shall include a description of programmatic and policy changes that the Secretary recommends to reduce or eliminate identified barriers to the use of modular home methods in Federal Housing Administration construction financing programs.
Not later than 120 days after the date on which the Secretary publishes the report under paragraph (3), the Secretary shall initiate a rulemaking to examine an alternative draw schedule for construction financing loans provided to modular and manufactured home developers, which shall include the ability for interested stakeholders to provide robust public comment.
Following the period for public comment under subparagraph (A), the Secretary shall—
issue a final rule regarding an alternative draw schedule described in subparagraph (A); or
provide an explanation as to why the rule shall not become final.
The Secretary may award a grant to study the design and feasibility of a standardized uniform commercial code for modular homes, which shall evaluate—
the utility of a standardized coding system for serializing and securing modules, streamlining design and construction, and improving modular home innovation; and
a means to coordinate a standardized code with financing incentives.
There is authorized to be appropriated such funds as may be necessary to carry out paragraph (1).
Section 2 of the National Housing Act (12 U.S.C. 1703) is amended—
in subsection (a), by inserting construction of additional or accessory dwelling units, as defined by the Secretary, after energy conserving improvements,; and
in subsection (b)—
in paragraph (1)—
by striking subparagraph (A) and inserting the following:
$75,000 if made for the purpose of financing alterations, repairs and improvements upon or in connection with an existing single-family structure, including a manufactured home;
in subparagraph (B)—
by striking $60,000 and inserting $150,000;
by striking $12,000 and inserting $37,500; and
by striking an apartment house or;
by striking subparagraphs (C) and (D) and inserting the following:
$106,405 if made for the purpose of financing the purchase of a single-section manufactured home; and
$195,322 if made for the purpose of financing the purchase of a multi-section manufactured home;
$149,782 if made for the purpose of financing the purchase of a single-section manufactured home and a suitably developed lot on which to place the home; and
$238,699 if made for the purpose of financing the purchase of a multi-section manufactured home and a suitably developed lot on which to place the home;
in subparagraph (E)—
by striking $23,226 and inserting $43,377; and
by striking the period at the end and inserting a semicolon;
in subparagraph (F), by striking and at the end;
in subparagraph (G), by striking the period at the end and inserting ; and; and
by inserting after subparagraph (G) the following:
such principal amount as the Secretary may prescribe if made for the purpose of financing the construction of an accessory dwelling unit.
in the matter immediately preceding paragraph (2)—
by striking regulation and inserting notice;
by striking increase and inserting set;
by striking (A)(ii), (C), (D), and (E) and inserting (A) through (H);
by inserting , or as necessary to achieve the goals of the Federal Housing Administration, periodically reset the dollar amount limitations in subparagraphs (A) through (H) based on justification and methodology set forth in advance by regulation before the period at the end; and
by adjusting the margins appropriately;
in paragraph (3), by striking exceeds— and all that follows through the period at the end and inserting exceeds such period of time as determined by the Secretary, not to exceed 30 years.;
by striking paragraph (9) and inserting the following:
The Secretary shall develop or choose 1 or more methods of indexing in order to annually set the loan limits established in paragraph (1), based on data the Secretary determines is appropriate for purposes of this section.
in paragraph (11), by striking lease— and all that follows through the period at the end and inserting lease meets the terms and conditions established by the Secretary.
Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall develop or choose 1 or more methods of indexing as required under section 2(b)(9) of the National Housing Act (12 U.S.C. 1703(b)(9)), as amended by paragraph (1) of this subsection.
During the period beginning on the date of enactment of this Act and ending on the date on which the Secretary of Housing and Urban Development develops or chooses 1 or more methods of indexing as required under section 2(b)(9) of the National Housing Act (12 U.S.C. 1703(b)(9)), as amended by paragraph (1) of this subsection, the method of indexing established by the Secretary under that subsection before the date of enactment of this Act shall apply.
In this subsection:
The term off-site construction housing includes manufactured homes and modular homes.
The term manufactured home means any home constructed in accordance with the construction and safety standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.).
The term modular home means a home that is constructed in a factory in 1 or more modules, each of which meet applicable State and local building codes of the area in which the home will be located, and that are transported to the home building site, installed on foundations, and completed.
The Secretary of Housing and Urban Development shall conduct a study and submit to Congress a report on the cost effectiveness of off-site construction housing, that includes—
an analysis of the advantages of the impact of centralization in a factory and transportation to a construction site on cost, precision, and materials waste;
the extent to which off-site construction housing meets housing quality standards under the National Standards for the Physical Inspection of Real Estate, or other standards as the Secretary may prescribe, compared to the extent for site-built homes, for such standards;
the expected replacement and maintenance costs over the first 40 years of life of off-site construction homes compared to those costs for site-built homes; and
opportunities for use beyond single-family housing, such as applications in accessory dwelling units, two- to four-unit housing, and large multifamily housing.
Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended—
in section 105(a) (42 U.S.C. 5305(a)), in the matter preceding paragraph (1), by striking Activities and inserting Unless otherwise authorized under section 123, activities; and
by adding at the end the following:
In this section:
The term community development financial institution means an institution that has been certified as a community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702)) by the Secretary of the Treasury.
The term eligible manufactured housing community means a manufactured housing community that—
is affordable to low- and moderate-income persons, as determined by the Secretary, but not more than 120 percent of the area median income; and
is owned by the residents of the manufactured housing community through a resident-controlled entity such as a resident-owned cooperative; or
will be maintained as such a community, and remain affordable for low- and moderate-income persons, to the maximum extent practicable and for the longest period feasible.
The term eligible recipient means—
an eligible manufactured housing community;
a unit of general local government;
a housing authority;
a resident-owned community;
a resident-owned cooperative;
a nonprofit entity with housing expertise or a consortia of such entities;
a community development financial institution;
an Indian tribe;
a tribally designated housing entity;
a State; or
any other entity that is—
an owner-operator of an eligible manufactured housing community; and
working with an eligible manufactured housing community.
The term Indian tribe has the meaning given the term Indian tribe in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
The term manufactured housing community means—
any community, court, park, or other land under unified ownership developed and accommodating or equipped to accommodate the placement of manufactured homes, where—
spaces within such community are or will be primarily used for residential occupancy;
all homes within the community are used for permanent occupancy; and
a majority of such occupied spaces within the community are occupied by manufactured homes, which may include homes constructed prior to enactment of the Manufactured Home Construction and Safety Standards; or
any community that meets the definition of manufactured housing community used for programs similar to the program under this section.
The term resident health, safety, and accessibility activities means the reconstruction, repair, or replacement of manufactured housing and manufactured housing communities to—
protect the health and safety of residents;
address weatherization and reduce utility costs; or
address accessibility needs for residents with disabilities.
The term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
The Secretary shall, by notice, carry out a competitive grant program to award funds to eligible recipients to carry out eligible projects for development of or improvements in eligible manufactured housing communities.
Amounts from grants under this section may be used for—
community infrastructure, facilities, utilities, and other land improvements in or serving an eligible manufactured housing community;
reconstruction or repair existing housing within an eligible manufactured housing community;
replacement of homes within an eligible manufactured housing community;
planning;
resident health, safety, and accessibility activities in homes in an eligible manufactured housing community;
land and site acquisition and infrastructure for expansion or construction of an eligible manufactured housing community;
resident and community services, including relocation assistance, eviction prevention, and down payment assistance; and
any other activity that—
is approved by the Secretary consistent with the requirements under this section;
improves the overall living conditions of an eligible manufactured housing community, which may include the addition or enhancement of shared spaces such as community centers, recreational areas, or other facilities that support resident well-being and community engagement; and
is necessary to protect the health and safety of the residents of the eligible manufactured housing community and the long-term affordability and sustainability of the community.
For purposes of subparagraphs (B) and (C) of paragraph (1), grants under this section—
may not be used for rehabilitation or modernization of units that were built before June 15, 1976; and
may only be used for disposition and replacement of units described in subparagraph (A), provided that any replacement housing complies with the Manufactured Home Construction and Safety Standards or is another allowed home, as determined by the Secretary.
In awarding grants under this section, the Secretary shall prioritize applicants that will carry out activities that primarily benefit low- and moderate-income residents and preserve long-term housing affordability for residents of eligible manufactured housing communities.
The Secretary may waive or specify alternative requirements for any provision of law or regulation that the Secretary administers in connection with use of amounts made available under this section other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is not inconsistent with the overall purposes of this section and that the waiver or alternative requirement is necessary to facilitate the use of amounts made available under this section.
Any grant made under this section shall be made pursuant to criteria for selection of recipients of such grants that the Secretary shall by regulation establish and publish together with any notification of availability of amounts under this section.
The Secretary may set aside amounts provided under this section for grants to Indian tribes and tribally designated housing entities.
There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section.
In this section:
The term Director means the Director of the Bureau of Consumer Financial Protection.
The term small dollar mortgage means a mortgage loan having an original principal obligation of not more than $100,000 that is—
secured by real property designed for the occupancy of between 1 and 4 families; and
insured by the Federal Housing Administration under title II of the National Housing Act (12 U.S.C. 1707 et seq.);
made, guaranteed, or insured by the Department of Veterans Affairs;
made, guaranteed, or insured by the Department of Agriculture; or
eligible to be purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association.
Not later than 270 days after the date of enactment of this Act, the Director shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on loan originator compensation practices throughout the residential mortgage market, including the relative frequency of loan originators being compensated—
with a salary;
with a commission reflecting a fixed percentage of the amount of credit extended;
with a commission based on a factor other than a fixed percentage of the amount of credit extended;
with a combination of salary and commission;
on a loan volume basis;
with a commission reflecting a percentage of the amount of credit extended, for which a minimum or maximum compensation amount is set; and
by any other mechanism that the Director may find to be a practice for compensating mortgage loan originators, including any mechanism that provides a loan originator with compensation in such a way that the loan originator does not necessarily receive a lower level of compensation for originating a small dollar mortgage than the loan originator would receive for originating a mortgage loan that is not a small dollar mortgage.
The report required under subsection (b) shall include—
data and other analysis regarding the effect of the approaches to loan originator compensation described in subsection (b) on the availability of small dollar mortgage loans; and
analysis and discussion regarding other potential barriers to small dollar mortgage lending.
Following the issuance of the report required under subsection (b), the Director may issue regulations to clarify the forms of compensation a lender may use to compensate a loan originator that—
are permissible pursuant to section 129B(c) of the Truth in Lending Act (15 U.S.C. 1639b(c)); and
would result in the loan originator receiving compensation for originating a small dollar mortgage that is not less than the compensation the loan originator would receive for originating a mortgage loan that is not a small dollar mortgage.
In this section, the term small dollar mortgage means a mortgage with an original principal obligation of less than $100,000.
Not later than 270 days after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Housing and Urban Development and the Director of the Federal Housing Finance Agency, shall evaluate the impact of the existing thresholds under section 1026.43 of title 12, Code of Federal Regulations, on small dollar mortgage originations.
Following the evaluation required under paragraph (1), the Director of the Bureau of Consumer Financial Protection may initiate rulemaking to amend the limitations with respect to points and fees under section 1026.43 of title 12, Code of Federal Regulations, or any successor regulation, to encourage additional lending for small dollar mortgages.
Section 202(g)(5) of the National Housing Act (12 U.S.C. 1708(g)(5)) is amended—
by moving the paragraph two ems to the left; and
by striking subparagraphs (A) and (B) and inserting the following:
be certified or licensed by the State in which the property to be appraised is located, except that a Federal employee who has as their primary duty conducting appraisal-related activities and who chooses to become a State-licensed or certified real estate appraiser need only to be licensed or certified in 1 State or territory to perform appraisals on mortgages insured by the Federal Housing Administration in all States and territories;
meet the requirements under the competency rule set forth in the Uniform Standards of Professional Appraisal Practice before accepting an assignment; and
have demonstrated verifiable education in the appraisal requirements established by the Federal Housing Administration under this subsection, which shall include the completion of a course or seminar that educates appraisers on those appraisal requirements, which shall be provided by—
the Federal Housing Administration; or
a third party, so long as the course is approved by the Secretary or a State appraiser certifying or licensing agency.
Subparagraph (C) of section 202(g)(5) of the National Housing Act (12 U.S.C. 1708(g)(5)), as added by subparagraph (A), shall not apply with respect to any certified appraiser approved by the Federal Housing Administration to conduct appraisals on property securing a mortgage to be insured by the Federal Housing Administration on or before the effective date under paragraph (3)(C).
On and after the effective date under paragraph (3)(C), no appraiser may conduct an appraisal on a property securing a mortgage to be insured by the Federal Housing Administration unless—
the appraiser is in compliance with the requirements under subparagraphs (A) and (B) of section 202(g)(5) of such Act (12 U.S.C. 1708(g)(5)), as amended by paragraph (1); and
if the appraiser was not approved by the Federal Housing Administration to conduct appraisals on mortgages insured by the Federal Housing Administration before the date on which the mortgagee letter or guidance take effect under paragraph (3)(C), the appraiser is in compliance with subparagraph (C) of such section 202(g)(5).
Not later than the 240 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall issue a mortgagee letter or guidance that shall—
implement the amendments made by paragraph (1);
clearly set forth all of the specific requirements under section 202(g)(5) of the National Housing Act (12 U.S.C. 1708(g)(5)), as amended by paragraph (1), for approval to conduct appraisals on property secured by a mortgage to be insured by the Federal Housing Administration, which shall include—
providing that, before the effective date of the mortgagee letter or guidance, compliance with the requirements under subparagraphs (A), (B), and (C) of such section 202(g)(5), as amended by paragraph (1), shall be considered to fulfill the requirements under such subparagraphs; and
providing a method for appraisers to demonstrate such prior compliance; and
take effect not later than the date that is 180 days after the date on which the Secretary issues the mortgagee letter or guidance.
Section 1109(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3338(a)) is amended, in the matter following clause (ii) of paragraph (4)(B), by adding at the end the following: Subject to the approval of the Council, the Appraisal Subcommittee may adjust fees established under clause (i) or (ii) to carry out its functions under this Act..
Section 1103(a) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3332(a)) is amended—
in paragraph (3)—
by inserting and State credentialed trainee appraisers after licensed appraisers; and
by striking and at the end;
by striking paragraph (4);
by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and
in paragraph (4), as so redesignated—
by striking year. The report shall also detail and inserting year, details;
by striking provide and inserting provides; and
by striking the period at the end and inserting ; and.
Section 1109 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3338) is amended—
in the section heading, by striking or licensed and inserting , licensed, and credentialed trainee; and
in subsection (a)—
in paragraph (1), by inserting , and in the case of a State with a supervisory or trainee program, a roster listing individuals who have received a State trainee credential after this title; and
by striking paragraph (2) and inserting the following:
transmit reports on the issuance and renewal of licenses, certifications, credentials, sanctions, and disciplinary actions, including license, credential, and certification revocations, on a timely basis to the national registry of the Appraisal Subcommittee;
Nothing in the amendments made by subparagraph (A) shall require a State to establish or operate a program for State credentialed trainee appraisers, as defined in paragraph (12) of section 1121 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as added by paragraph (4) of this subsection.
Section 1113 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3342) is amended—
by striking In determining and inserting (a) In general.—In determining; and
by adding at the end the following:
In performing an appraisal under this section, a State certified appraiser may use the assistance of a State credentialed trainee appraiser or an unlicensed trainee appraiser, except that a State certified appraiser assisted by a trainee shall be liable for final work.
Section 1121 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3350) is amended by adding at the end the following:
The term State credentialed trainee appraiser means an individual who—
meets the minimum criteria established by the Appraiser Qualification Board for a trainee appraiser credential; and
is credentialed by a State appraiser certifying and licensing agency.
Section 1109(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3338(b)) is amended—
in paragraph (5)(B), by striking and at the end;
in paragraph (6), by striking the period at the end and inserting ; and; and
by adding at the end the following:
to make grants to State appraiser certifying and licensing agencies, nonprofit organizations, and institutions of higher education to support the carrying out of education and training activities or other activities related to addressing appraiser industry workforce needs, including recruiting and retaining workforce talent, such as through scholarship assistance and career pipeline development.
Section 1011 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3310) is amended, in the first sentence, by inserting the Department of Veterans Affairs, the Rural Housing Service of the Department of Agriculture, the Department of Housing and Urban Development, after Financial Protection,.
Section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u) is amended by adding at the end the following:
In this subsection:
The term covered family means a family that receives assistance under section 8 or 9 of this Act and is enrolled in the pilot program.
The term eligible entity means an entity described in subsection (c)(2).
The term pilot program means the pilot program established under paragraph (2).
The term welfare assistance has the meaning given the term in section 984.103 of title 24, Code of Federal Regulations, or any successor regulation.
The Secretary shall establish a pilot program under which the Secretary shall select not more than 25 eligible entities to establish and manage escrow accounts for not more than 5,000 covered families, in accordance with this subsection.
An eligible entity selected to participate in the pilot program—
shall establish an interest-bearing escrow account and place into the account an amount equal to any increase in the amount of rent paid by each covered family in accordance with the provisions of section 3, 8(o), or 8(y), as applicable, that is attributable to increases in earned income by the covered families during the participation of each covered family in the pilot program; and
notwithstanding any other provision of law, may use funds it controls under section 8 or 9 for purposes of making the escrow deposit for covered families assisted under, or residing in units assisted under, section 8 or 9, respectively, provided such funds are offset by the increase in the amount of rent paid by the covered family.
An eligible entity may not escrow any amounts for any covered family whose adjusted income exceeds 80 percent of the area median income at the time of enrollment.
A covered family shall be able to withdraw funds, including interest earned, from an escrow account established by an eligible entity under the pilot program—
after the covered family ceases to receive welfare assistance; and
not earlier than the date that is 5 years after the date on which the eligible entity establishes the escrow account under this subsection;
not later than the date that is 7 years after the date on which the eligible entity establishes the escrow account under this subsection, if the covered family chooses to continue to participate in the pilot program after the date that is 5 years after the date on which the eligible entity establishes the escrow account;
on the date the covered family ceases to receive housing assistance under section 8 or 9, if such date is earlier than 5 years after the date on which the eligible entity establishes the escrow account;
earlier than 5 years after the date on which the eligible entity establishes the escrow account, if the covered family is using the funds to advance a self-sufficiency goal as approved by the eligible entity; or
under other circumstances in which the Secretary determines an exemption for good cause is warranted.
For purposes of the pilot program, a covered family may recertify the income of the covered family multiple times per year, as determined by the Secretary, and not fewer than once per year.
A covered family is not required to complete a standard contract of participation or an individual training and services plan in order to participate in the pilot program.
Any increase in the earned income of a covered family during the enrollment of the family in the pilot program may not be considered as income or a resource for purposes of eligibility of the family for other benefits, or amount of benefits payable to the family, under any program administered by the Secretary.
An eligible entity seeking to participate in the pilot program shall submit to the Secretary an application—
at such time, in such manner, and containing such information as the Secretary may require by notice; and
that includes the number of proposed covered families to be served by the eligible entity under this subsection.
The Secretary shall ensure that eligible entities selected to participate in the pilot program—
are located across various States and in both urban and rural areas; and
vary by size and type, including both public housing agencies and private owners of projects receiving project-based rental assistance under section 8.
An eligible entity participating in the pilot program shall—
notify covered families of their enrollment in the pilot program;
provide covered families with a detailed description of the pilot program, including how the pilot program will impact their rent and finances;
inform covered families that the families cannot simultaneously participate in the pilot program and the Family Self-Sufficiency program under this section; and
provide covered families with the ability to elect not to participate in the pilot program—
not less than 2 weeks before the date on which the escrow account is established under paragraph (3); and
at any point during the duration of the pilot program.
During the term of participation by a covered family in the pilot program, the amount of rent paid by the covered family shall be calculated under the rental provisions of section 3 or 8(o), as applicable.
Not later than 18 months after the date of enactment of this subsection, the Secretary shall select the eligible entities to participate in the pilot program.
An eligible entity selected to participate in the pilot program shall—
not later than 6 months after selection, establish escrow accounts under paragraph (3) for covered families; and
maintain those escrow accounts for not less than 5 years, or until the date the family ceases to receive assistance under section 8 or 9, and, at the discretion of the covered family, not more than 7 years after the date on which the escrow account is established.
Assistance under section 8 or 9 for a family that elects not to participate in the pilot program shall not be delayed or denied by reason of such election.
Housing assistance may not be terminated as a consequence of participating, or not participating, in the pilot program under this subsection for any period of time.
Not later than 8 years after the date the Secretary selects eligible entities to participate in the pilot program under this subsection, the Secretary shall conduct a study and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on outcomes for covered families under the pilot program, which shall evaluate the effectiveness of the pilot program in assisting families to achieve economic independence and self-sufficiency, and the impact coaching and supportive services, or the lack thereof, had on individual incomes.
To allow selected eligible entities to effectively administer the pilot program and make the required escrow account deposits under this subsection, the Secretary may waive requirements under this section.
The pilot program under this subsection shall terminate on the date that is 10 years after the date of enactment of this subsection.
There is authorized to be appropriated to the Secretary for fiscal year 2026 such sums as may be necessary—
for technical assistance related to implementation of the pilot program; and
to carry out an evaluation of the pilot program under paragraph (10).
Any amounts appropriated under this subsection shall remain available until expended.
Section 8(o)(8) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)), as amended by section 101(a) of the Housing Opportunity Through Modernization Act of 2016 (Public Law 114–201; 130 Stat. 783), is amended by adding at the end the following:
A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if—
the dwelling unit is in a building, the acquisition, rehabilitation, or construction of which was financed by a person who received a low-income housing tax credit under section 42 of the Internal Revenue Code of 1986 in exchange for that financing;
the dwelling unit was physically inspected and passed inspection as part of the low-income housing tax credit program described in subclause (I) during the preceding 12-month period; and
the applicable public housing agency is able to obtain the results of the inspection described in subclause (II).
A dwelling shall be deemed to meet the inspection requirements under this paragraph if—
the dwelling unit is assisted under the HOME Investment Partnerships Program under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.);
the dwelling unit was physically inspected and passed inspection as part of the program described in subclause (I) during the preceding 12-month period; and
the applicable public housing agency is able to obtain the results of the inspection described in subclause (II).
A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if—
the dwelling unit is assisted by the Rural Housing Service of the Department of Agriculture;
the dwelling unit was physically inspected and passed inspection in connection with the assistance described in subclause (I) during the preceding 12-month period; and
the applicable public housing agency is able to obtain the results of the inspection described in subclause (II).
When complying with inspection requirements for a housing unit located in a rural or small area using assistance under this subtitle, the Secretary may allow a grantee to conduct a remote or video inspection of a unit.
Nothing in clause (i), (ii), (iii), or (iv) shall be construed to affect the operation of a housing program described in, or authorized under a provision of law described in, that clause.
Section 8(o)(8)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(A)) is amended by adding at the end the following:
In this clause, the term new landlord means an owner of a dwelling unit who has not previously entered into a housing assistance payment contract with a public housing agency under this subsection for any dwelling unit.
Upon the request of a new landlord, a public housing agency may inspect the dwelling unit owned by the new landlord to determine whether the unit meets the housing quality standards under subparagraph (B) before the unit is selected by a tenant assisted under this subsection.
An inspection conducted under subclause (II) that determines that the dwelling unit meets the housing quality standards under subparagraph (B) shall satisfy this subparagraph and subparagraph (C) if the new landlord enters into a lease agreement with a tenant assisted under this subsection not later than 60 days after the date of the inspection.
When a public housing agency selects a family to participate in the tenant-based assistance program under this subsection, the public housing agency shall include in the information provided to the family a list of dwelling units that have been inspected under subclause (II) and determined to meet the housing quality standards under subparagraph (B).
In this section:
The term Department means the Department of Housing and Urban Development.
The term Fund means the Long-Term Disaster Recovery Fund established under subsection (c).
The term Secretary means the Secretary of Housing and Urban Development.
The offices and officers of the Department shall be responsible for—
leading and coordinating the disaster-related responsibilities of the Department under the National Response Framework, the National Disaster Recovery Framework, and the National Mitigation Framework;
coordinating and administering programs, policies, and activities of the Department related to disaster relief, long-term recovery, resiliency, and mitigation, including disaster recovery assistance under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.);
supporting disaster-impacted communities as those communities specifically assess, plan for, and address the housing stock and housing needs in the transition from emergency shelters and interim housing to permanent housing of those displaced, especially among vulnerable populations and extremely low-, low-, and moderate-income households;
collaborating with the Federal Emergency Management Agency and the Small Business Administration and across the Department to align disaster-related regulations and policies, including incorporation of consensus-based codes and standards and insurance purchase requirements, and ensuring coordination and reducing duplication among other Federal disaster recovery programs;
promoting best practices in mitigation and resilient land use planning;
coordinating technical assistance, including mitigation, resiliency, and recovery training and information on all relevant legal and regulatory requirements, to entities that receive disaster recovery assistance under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) that demonstrate capacity constraints; and
supporting State, Tribal, and local governments in developing, coordinating, and maintaining their capacity for disaster resilience and recovery and developing pre-disaster recovery and hazard mitigation plans, in coordination with the Federal Emergency Management Agency and other Federal agencies.
Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended by adding at the end the following:
There is established, in the Office of the Secretary, the Office of Disaster Management and Resiliency.
The Office of Disaster Management and Resiliency shall—
be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities; and
coordinate with the Federal Emergency Management Agency, the Small Business Administration, and the Office of Community Planning and Development and other offices of the Department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities.
There is established in the Treasury of the United States an account to be known as the Long-Term Disaster Recovery Fund.
The Fund shall consist of amounts appropriated, transferred, and credited to the Fund.
The following may be transferred to the Fund:
Amounts made available through section 106(c)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(c)(4)) as a result of actions taken under section 104(e), 111, or 124(j) of such Act.
Any unobligated balances available until expended remaining or subsequently recaptured from amounts appropriated for any disaster and related purposes under the heading Community Development Fund in any Act prior to the establishment of the Fund.
Amounts transferred to the Fund shall be used for the eligible uses described in paragraph (3).
Amounts in the Fund shall be available—
to provide assistance in the form of grants under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d); and
for activities of the Department that support the provision of such assistance, including necessary salaries and expenses, information technology, and capacity building, technical assistance, and pre-disaster readiness.
Of each amount appropriated for or transferred to the Fund, 3 percent shall be made available for activities described in subparagraph (A)(ii), which shall be in addition to other amounts made available for those activities.
With respect to amounts made available for use in accordance with subparagraph (B)—
amounts may be transferred to the account under the heading for Program Offices—Salaries and Expenses—Community Planning and Development, or any successor account, for the Department to carry out activities described in paragraph (1)(B); and
amounts may be used for the activities described in subparagraph (A)(ii) and for the administrative costs of administering any funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) in any Act before the establishment of the Fund.
Not less than one-tenth of 1 percent of each series of awards the Secretary makes from the Fund shall be transferred to the account under the heading Office of Inspector General for the Department of Housing and Urban Development to support audit activities and to investigate grantee noncompliance with program requirements and waste, fraud, and abuse as a result of appropriations made available through the Fund.
Funding under clause (i) shall not be made available to the Office of Inspector General until 90 days after the date on which the grantee plan or supplemental plan for the grantee is approved by the Secretary under subsection (c) or (f)(3)(C) of section 124 of the Housing and Community Development Act of 1974, as added by subsection (d), is approved by the Secretary.
Any amounts appropriated in any Act prior to the establishment of the Fund and transferred to the account under the heading Program Offices—Salaries and Expenses—Community Planning and Development, or any predecessor account, for the Department for the costs of administering funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) shall be available for the costs of administering any such funds provided by any prior or future Act, notwithstanding the purposes for which those amounts were appropriated and in addition to any amount provided for the same purposes in other appropriations Acts.
Amounts appropriated, transferred, and credited to the Fund shall remain available until expended.
Use of amounts in the Fund for grants shall be made by formula allocation in accordance with the requirements of section 124(a) of the Housing and Community Development Act of 1974, as added by subsection (d).
There are authorized to be appropriated to the Fund such sums as may be necessary to respond to current or future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179) for grants under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d).
Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), as amended by this Act, is amended—
in section 102(a) (42 U.S.C. 5302(a))—
in paragraph (20)—
by redesignating subparagraph (B) as subparagraph (C);
in subparagraph (C), as so redesignated, by inserting or (B) after subparagraph (A); and
by inserting after subparagraph (A) the following:
The term persons of extremely low income means families and individuals whose income levels do not exceed household income levels determined by the Secretary under section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)(C)), except that the Secretary may provide alternative definitions for the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.
by adding at the end the following:
The term major disaster has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
in section 106(c)(4) (42 U.S.C. 5306(c)(4))—
in subparagraph (A)—
by striking declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
inserting States for use in nonentitlement areas and to before metropolitan cities; and
inserting major after affected by the;
in subparagraph (C)—
by striking metropolitan city or and inserting State, metropolitan city, or;
by striking city or county and inserting State, city, or county; and
by inserting major before disaster;
in subparagraph (D), by striking metropolitan cities and and inserting States, metropolitan cities, and;
in subparagraph (F)—
by striking metropolitan city or and inserting State, metropolitan city, or; and
by inserting major before disaster; and
in subparagraph (G), by striking metropolitan city or and inserting State, metropolitan city, or;
in section 122 (42 U.S.C. 5321), by striking disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and inserting major disaster; and
by adding at the end the following:
The Secretary is authorized to make community development block grant disaster recovery grants from the Long-Term Disaster Recovery Fund established under section 501(c) of the Renewing Opportunity in the American Dream to Housing Act of 2025 (hereinafter referred to as the Fund) for necessary expenses for activities authorized under subsection (f)(1) related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster.
Grants shall be awarded under this section to States, units of general local government, and Indian tribes based on capacity and the concentration of damage, as determined by the Secretary, to support the efficient and effective administration of funds.
Grants under this section shall not be considered relevant to the formula allocations made pursuant to section 106.
Not later than 30 days after the date of enactment of this section, the Secretary shall issue a notice in the Federal Register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing, economic revitalization, and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster.
If the Secretary has not already requested public comment on the formula described in the notice required by subparagraph (A), the Secretary shall solicit public comments on—
the methodologies described in subparagraph (A) and seek alternative methods for formula allocation within a similar total amount of funding;
the impact of formula methodologies on rural areas and Tribal areas;
adjustments to improve targeting to the most serious needs;
objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds; and
research and data to inform an additional amount to be provided for mitigation depending on type of disaster, which shall be up to 18 percent of the total estimate of unmet needs.
The Secretary shall, by regulation, establish a formula to allocate assistance from the Fund to the most impacted and distressed areas resulting from a catastrophic major disaster.
The formula established under subparagraph (A) shall—
set forth criteria to determine that a major disaster is catastrophic, which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual, State, Tribal, and local resources could not reasonably be expected to address without additional Federal assistance or other nationally encompassing data that the Secretary determines are adequate to assess relative impact and distress across geographic areas;
include a methodology for identifying most impacted and distressed areas, which shall consider unmet serious needs related to housing, economic revitalization, and infrastructure;
include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to 18 percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area, primarily for the benefit of low- and moderate-income persons, with particular focus on activities that reduce repetitive loss of property and critical infrastructure; and
establish objective criteria for periodic review and updates to the formula to reflect changes in available data.
The Secretary shall, by regulation, establish a minimum allocation threshold.
Until such time that the Secretary issues final regulations under this paragraph, the Secretary shall—
allocate assistance from the Fund using the formula allocation methodology published in accordance with paragraph (4); and
include an additional amount for mitigation of up to 18 percent of the total estimate of unmet need.
The Secretary shall—
except as provided in clause (ii), not later than 90 days after the President declares a major disaster, use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), unless data is insufficient to make this determination; and
if the best available data is insufficient to make the determination required under clause (i) within the 90-day period described in that clause, the Secretary shall determine whether the major disaster qualifies when sufficient data becomes available, but in no case shall the Secretary make the determination later than 120 days after the declaration of the major disaster.
If amounts are available in the Fund at the time the Secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula described in paragraph (4) or (5), the Secretary shall immediately announce an allocation for a grant under this section.
If additional amounts are appropriated to the Fund after amounts are allocated under subparagraph (B), the Secretary shall announce an allocation or additional allocation (if a prior allocation under subparagraph (B) was less than the formula calculation) within 15 days of any such appropriation.
To speed recovery, the Secretary is authorized to allocate and award preliminary grants from the Fund before making a determination under paragraph (6)(A) if the Secretary projects, based on a preliminary assessment of impact and distress, that a major disaster is catastrophic and would likely qualify for funding under the formula described in paragraph (4) or (5).
The Secretary may award preliminary funding under subparagraph (A) in an amount that is not more than $5,000,000.
The Secretary shall, by regulation, establish a sliding scale for preliminary funding awarded under subparagraph (A) based on the size of the preliminary assessment of impact and distress.
The uses of preliminary funding awarded under subparagraph (A) shall be limited to eligible activities that—
in the determination of the Secretary, will support faster recovery, improve the ability of the grantee to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse; and
may include evaluating the interim housing, permanent housing, and supportive service needs of the disaster impacted community, with special attention to vulnerable populations, such as homeless and low- to moderate-income households, to inform the grantee action plan required under subsection (c).
Preliminary funding awarded under subparagraph (A)—
is not subject to the certification requirements of subsection (h)(1); and
shall not be considered when calculating the amount of the grant used for administrative costs, technical assistance, and planning activities that are subject to the requirements under subsection (f)(2).
To expedite the use of preliminary funding for activities described in this paragraph, the Secretary may waive or specify alternative requirements to the requirements of this section in accordance with subsection (i).
An award for preliminary funding under subparagraph (A) may be amended to add any subsequent amount awarded because of a determination by the Secretary that a major disaster is catastrophic and qualifies for assistance under the formula.
Notwithstanding subparagraph (D), amounts provided by an amendment under clause (i) are subject to the requirements under subsections (f)(1) and (h)(1) and other requirements on grant funds under this section.
Concurrent with the allocation of any preliminary funding awarded under this paragraph, the Secretary shall assign or provide technical assistance to the recipient of the grant.
The Secretary is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph (4) or (5) of subsection (a) or a major disaster for which the Secretary allocated funds made available under the heading Community Development Fund in any Act prior to the establishment of the Fund.
The Secretary shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph (1).
Amounts repurposed pursuant to this subsection that were previously designated by Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives.
Not later than 90 days after the date on which the Secretary announces a grant allocation under this section, unless an extension is granted by the Secretary, the grantee shall submit to the Secretary a plan for approval describing—
the activities the grantee will carry out with the grant under this section;
the criteria of the grantee for awarding assistance and selecting activities;
how the use of the grant under this section will address disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas;
how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the Federal Emergency Management Agency under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165);
the estimated amount proposed to be used for activities that will benefit persons of low and moderate income;
how the use of grant funds will repair and replace existing housing stock for vulnerable populations, including low- to moderate-income households;
how the grantee will address the priorities described in paragraph (5);
how uses of funds are proportional to unmet needs, as required under paragraph (6);
for State grantees that plan to distribute grant amounts to units of general local government, a description of the method of distribution; and
such other information as may be determined by the Secretary in regulation.
To permit public examination and appraisal of the plan described in paragraph (1), to enhance the public accountability of grantee, and to facilitate coordination of activities with different levels of government, when developing the plan or substantial amendments proposed to the plan required under paragraph (1), a grantee shall—
publish the plan before adoption;
provide citizens, affected units of general local government, and other interested parties with reasonable notice of, and opportunity to comment on, the plan, with a public comment period of not less than 14 days;
consider comments received before submission to the Secretary;
follow a citizen participation plan for disaster assistance adopted by the grantee that, at a minimum, provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the Secretary; and
undertake any consultation with interested parties as may be determined by the Secretary in regulation.
The Secretary shall—
by regulation, specify criteria for the approval, partial approval, or disapproval of a plan submitted under paragraph (1), including approval of substantial amendments to the plan;
review a plan submitted under paragraph (1) upon receipt of the plan;
allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph (1) that the Secretary disapproves;
by regulation, specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph (1) for public comment prior to resubmission of the plan or substantial amendment to the Secretary; and
approve, partially approve, or disapprove a plan or substantial amendment under paragraph (1) not later than 60 days after the date on which the plan or substantial amendment is received by the Secretary.
Not less than 70 percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the Secretary—
specifically finds that—
there is compelling need to reduce the percentage for the grant; and
the housing needs of low- and moderate-income persons have been addressed; and
issues a waiver and alternative requirement specific to the grant pursuant to subsection (i) to lower the percentage.
The Secretary shall, by regulation, establish protocols that reflect the required use of funds under subparagraph (A), including persons with extremely and very low incomes.
The grantee shall prioritize activities that—
assist persons with extremely low-, low-, and moderate-incomes and other vulnerable populations to better recover from and withstand future disasters;
address housing needs arising from a disaster, or those needs present prior to a disaster, including the needs of both renters and homeowners;
prolong the life of housing and infrastructure;
use cost-effective means of preventing harm to people and property and incorporate protective features and redundancies; and
other measures that will assure the continuation of critical services during future disasters.
For each specific disaster, a grantee under this section shall allocate grant funds proportional to unmet needs between housing activities for renters and homeowners, economic revitalization, and infrastructure unless the Secretary specifically finds that—
there is a compelling need for a disproportional allocation among those unmet needs; and
the disproportional allocation described in subparagraph (A) is not inconsistent with the requirements under paragraph (4).
In this paragraph, the term hazard-prone areas—
means areas identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods, wildfires (including Wildland-Urban Interface areas), earthquakes, lava inundation, tornados, and high winds; and
includes areas having special flood hazards as identified under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.) or the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish minimum construction standards, insurance purchase requirements, and other requirements for the use of grant funds in hazard-prone areas.
For the areas described in subparagraph (A)(ii), the insurance purchase requirements established under subparagraph (B) shall meet or exceed the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(a)).
All grants under this section shall be treated as financial assistance for purposes of section 3(a)(3) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4003(a)(3)).
The Secretary may consider future risks to protecting property and health, safety, and general welfare, and the likelihood of those risks, when making the determination of or modification to hazard-prone areas under this paragraph.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to activities assisted under this section to the extent determined by the Secretary in regulation, or as provided in waivers or alternative requirements authorized in accordance with subsection (i).
Each grantee under this section shall establish a relocation assistance policy that—
minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition, rehabilitation, or demolition in connection with an activity that is assisted by a grant under this section; and
includes any appeal rights or other requirements that the Secretary establishes by regulation.
Any grant under this section shall be made only if the grantee certifies to the satisfaction of the Secretary that—
the grantee is in full compliance with the requirements under subsection (c)(2);
for grants other than grants to Indian tribes, the grant will be conducted and administered in conformity with the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Fair Housing Act (42 U.S.C. 3601 et seq.);
the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit recipients described in subsection (c)(4)(A) and activities described in subsection (c)(5), and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery, meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs, and alleviate future threats to human populations, critical natural resources, and property that an analysis of hazards shows are likely to result from natural disasters in the future;
the grant funds shall principally benefit persons of low- and moderate-income as described in subsection (c)(4)(A);
for grants other than grants to Indian tribes, within 24 months of receiving a grant or at the time of its 3- or 5-year update, whichever is sooner, the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections (c) and (m) of section 104 to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection (c)(1);
the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless—
funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter; or
for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph (A);
the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws;
the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the Secretary; and
the grantee will adhere to construction standards, insurance purchase requirements, and other requirements for development in hazard-prone areas described in subsection (c)(7).
The Secretary shall, on not less frequently than an annual basis until the closeout of a particular grant allocation, make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has—
carried out activities using grant funds in a timely manner;
met the performance targets established by paragraph (2);
carried out activities using grant funds in accordance with the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws; and
a continuing capacity to carry out activities in a timely manner.
The Secretary shall develop and make publicly available critical performance targets for review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended.
If a grantee under this section fails to meet 1 or more critical performance targets under paragraph (2), the Secretary may temporarily suspend the grant.
If the Secretary suspends a grant under subparagraph (A), the Secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period.
If a grantee fails to meet the spending thresholds established under paragraph (2), the grantee shall submit to the Secretary, the appropriate committees of Congress, and each member of Congress who represents a district or State of the grantee a written report identifying technical capacity, funding, or other Federal or State impediments affecting the ability of the grantee to meet the spending thresholds.
A grantee under this section shall provide to the Secretary such information as the Secretary may determine necessary for adequate oversight of the grant program under this section.
Subject to subparagraph (D), the Secretary shall make information submitted under subparagraph (A) available to the public and to the Inspector General for the Department of Housing and Urban Development.
To increase transparency and accountability of the grant program under this section the Secretary shall, on not less frequently than an annual basis, post on a public facing dashboard summary status reports for all active grants under this section that includes—
the status of funds by activity;
the percentages of funds allocated and expended to benefit low- and moderate-income communities;
performance targets, spending thresholds, and accomplishments; and
other information the Secretary determines to be relevant for transparency.
In carrying out this paragraph, the Secretary shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available.
The Secretary may, upon a formal request from researchers, make disaggregated information available to the requestor that is specific and relevant to the research being conducted, and for the purposes of researching program impact and efficacy.
In making information available under clause (i), the Secretary shall protect personally identifiable information as required under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974).
Activities assisted under this section—
may include activities permitted under section 105 or other activities permitted by the Secretary by waiver or alternative requirement pursuant to subsection (i); and
shall be related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded.
Grant funds under this section may not be used for costs reimbursable by, or for which funds have been made available by, the Federal Emergency Management Agency, or the United States Army Corps of Engineers.
The Secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs, technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary, but not to exceed 8 percent for administration and 20 percent in total.
Amounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster.
Grantees may submit to the Secretary an optional supplemental plan to the grantee plan required under this title specifically for administrative costs, which shall include a description of the use of all grant funds for administrative costs, including for any eligible pre-award program administrative costs, and how such uses will prepare the grantee to more effectively and expeditiously administer funds provided under the full plan.
If a supplemental plan is approved under clause (i), a grantee may draw down the aforementioned administrative funds before the full grantee plan is approved.
In carrying out this subparagraph, the Secretary may include any waivers or alternative requirements in accordance with subsection (i).
Notwithstanding any other provision of law, any grantee under this section may retain program income that is realized from grants made by the Secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section, except that the Secretary may—
by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee; or
permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant.
Grants under this section may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs.
The prohibition under subparagraph (A) shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved, in whole or in part, from the affected area to another State or to a labor market area within the same State to continue business.
Grants under this section are subject to the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws, unless modified by waivers or alternative requirements in accordance with subsection (i).
A recipient of funds provided under this section that uses the funds to supplement Federal assistance provided under section 203, 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval, or permit under section 104(g)(1), so long as the actions covered by the existing environmental review, approval, or permit and the actions proposed for these supplemental funds are substantially the same.
Notwithstanding section 104(g)(2), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project to be assisted under this section if the recipient has adopted an environmental review, approval, or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
The provisions of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government.
The Secretary shall develop requirements and procedures to demonstrate that a grantee under this section—
has adequate financial controls and procurement processes;
has adequate procedures to detect and prevent fraud, waste, abuse, and duplication of benefit; and
maintains a comprehensive and publicly accessible website.
Before making a grant under this section, the Secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph (1), as determined by the Secretary.
The Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph (1) before a disaster occurs and before receiving an allocation for a grant under this section.
Funds made available under this section shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254), and such rules as may be prescribed under such section 312.
In any case in which the use of grant funds under this section results in a prohibited duplication of benefits, the grantee shall—
apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual, immediate cash requirement;
remit any excess amounts to the Secretary to be credited to the obligated, undisbursed balance of the grant consistent with requirements on Federal payments applicable to such grantee; and
if excess amounts under clause (ii) are identified after the period of performance or after the closeout of the award, remit such amounts to the Secretary to be credited to the Fund.
Any grantee provided funds under this section or from prior Appropriations Acts under the heading Community Development Fund for purposes related to major disasters that fails to comply with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) or fails to satisfy penalties to resolve a duplication of benefits shall be subject to remedies for noncompliance under section 111, unless the Secretary publishes a determination in the Federal Register that it is not in the best interest of the Federal Government to pursue remedial actions.
In administering grants under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the grantee of those funds (except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement.
A waiver or alternative requirement described in paragraph (1) shall not take effect before the date that is 5 days after the date of publication of the waiver or alternative requirement on the website of the Department of Housing and Urban Development or the effective date for any regulation published in the Federal Register.
The Secretary shall notify the public of all waivers or alternative requirements described in paragraph (1) in accordance with the requirements of section 7(q)(3) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(q)(3)).
A grantee under this section shall use an amount equal to the grant within 6 years beginning on the date on which the Secretary obligates the amounts to the grantee, as such period may be extended under paragraph (4).
The Secretary shall recapture and credit to the Fund any amount that is unused by a grantee under this section upon the earlier of—
the date on which the grantee notifies the Secretary that the grantee has completed all activities identified in the disaster grantee’s plan under subsection (c); or
the expiration of the 6-year period described in paragraph (1), as such period may be extended under paragraph (4).
Notwithstanding paragraph (1), the Secretary—
shall allow a grantee under this section to retain amounts needed to close out grants; and
may allow a grantee under this section to retain up to 10 percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning.
The Secretary may extend the 6-year period described in paragraph (1) by not more than 4 years, or not more than 6 years for mitigation activities, if—
the grantee submits to the Secretary—
written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated; or
a justification that such request is necessary due to the nature and complexity of the program and projects; and
the Secretary submits a written justification for the extension to the Committee on Appropriations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Appropriations and the Committee on Financial Services of the House of Representatives that specifies the period of that extension.
In this section, the term Indian tribe has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
Following consultation with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies, not later than 6 months after the date of enactment of this Act, the Secretary shall issue proposed rules to carry out this Act and the amendments made by this Act and shall provide a 90-day period for submission of public comments on those proposed rules.
Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations to carry out section 124 of the Housing and Community Development Act of 1974, as added by subsection (d).
In order to ensure a comprehensive approach to Federal disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster, the Secretary shall coordinate with the Federal Emergency Management Agency, to the greatest extent practicable, in the implementation of assistance authorized under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d).
To support the coordination of data to prevent duplication of benefits with other Federal disaster recovery programs while also expediting recovery and reducing burden on disaster survivors, the Department shall establish data sharing agreements that safeguard privacy with relevant Federal agencies to ensure disaster benefits effectively and efficiently reach intended beneficiaries, while using effective means of preventing harm to people and property.
As permitted and deemed necessary for efficient program execution, and consistent with a computer matching agreement entered into under paragraph (6)(A), the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration shall provide data on disaster applicants to the Department, including, when necessary, personally identifiable information, disaster recovery needs, and resources determined eligible for, and amounts expended, to the Secretary for all major disasters declared by the President pursuant to section 401 of Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) for the purpose of providing additional assistance to disaster survivors and prevent duplication of benefits.
The Secretary is authorized to provide to grantees under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d), offices of the Department, technical assistance providers, and lenders information that in the determination of the Secretary is reasonably available and appropriate to inform the provision of assistance after a major disaster, including information provided to the Secretary by the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies.
Grantees under section 124 of the Housing and Community Development Act of 1974, as added by subsection (d), shall report information requested by the Secretary on households, businesses, and other entities assisted and the type of assistance provided.
The Secretary shall share information collected under subparagraph (A) with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies to support the planning and delivery of disaster recovery and mitigation assistance and other related purposes.
The Secretary may make and receive data transfers authorized under this subsection, including the use and retention of that data for computer matching programs, to inform the provision of assistance, assess disaster recovery needs, and prevent the duplication of benefits and other waste, fraud, and abuse, provided that—
the Secretary enters an information sharing agreement or a computer matching agreement, when required by section 522a of title 5, United States Code (commonly known as the Privacy Act of 1974), with the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies covering the transfer of data;
the Secretary publishes intent to disclose data in the Federal Register;
notwithstanding subparagraphs (A) and (B), section 552a of title 5, United States Code, or any other law, the Secretary is authorized to share data with an entity identified in paragraph (4), and the entity is authorized to use the data as described in this section, if the Secretary enters a data sharing agreement with the entity before sharing or receiving any information under transfers authorized by this section, which data sharing agreement shall—
in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifiable information of individuals; and
include provisions that describe how the personally identifiable information of an individual will be adequately safeguarded and protected, which requires consultation with the Secretary and the head of each Federal agency the data of which is being shared subject to the agreement.
Section 205 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12724) is amended to read as follows:
The HOME Investment Partnerships Program under subtitle A is hereby authorized. There is authorized such sums as may be necessary to carry out subtitle A.
Subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.) is amended—
in section 212(c) (42 U.S.C. 12742(c)), by striking 10 percent and inserting 15 percent; and
in section 220(b) (42 U.S.C. 12750(b))—
by striking Recognition.— and all that follows through A contribution and inserting the following: Recognition.—A contribution; and
by striking paragraph (2).
Section 217(d)(3) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(d)(3)) is amended by striking Limitation.—Unless otherwise specified and inserting the following: "Limitations.—
The Secretary may, upon a finding that such jurisdiction has failed to meet or comply with the requirements of this title, remove a participating jurisdiction from participation in reallocations of funds made available under this title.
Unless otherwise specified
Section 215 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745) is amended—
in subsection (a)—
in paragraph (1)(E), by striking all that follows purposes of this Act, and inserting the following: “except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if such action—
recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or others to take actions that would avoid termination of low-income affordability in the case of foreclosure or transfer in lieu of foreclosure; and
is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary; and
by adding at the end the following:
In this paragraph, the term small-scale housing means housing with not more than 4 rental units.
Small-scale housing shall qualify as affordable housing under this title if—
the housing bears rents that comply with paragraph (1)(A);
each unit is occupied by a household that qualifies as a low-income family;
the housing complies with paragraph (1)(D);
the housing meets the requirements under paragraph (1)(E); and
the participating jurisdiction monitors ongoing compliance of the housing with requirements of this title in a manner consistent with the purposes of section 226(b), as determined by the Secretary.
in subsection (b)(1), by inserting (defined as the amount borrowed by the homebuyer to purchase the home, or estimated value after rehabilitation, which may be adjusted to account for the limits on future value imposed by the resale restriction) after purchase price.
Section 218 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748) is amended—
by striking subsection (g); and
by redesignating subsection (h) as subsection (g).
Section 218(c) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748(c)) is amended—
in paragraph (1), by adding and at the end;
by striking paragraph (2);
by redesignating paragraph (3) as paragraph (2); and
in paragraph (2), as so redesignated, by striking section 224 and inserting section 223.
Section 215 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745), as amended by this section, is amended—
in subsection (b)—
in paragraph (2), by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and adjusting the margins accordingly;
by striking paragraph (3);
by redesignating paragraphs (1), (2), and (4) as subparagraphs (A), (B), and (D), respectively, and adjusting the margins accordingly;
by inserting after subparagraph (B), as so redesignated, the following:
is subject to restrictions that are established by the participating jurisdiction and determined by the Secretary to be appropriate, including with respect to the useful life of the property, to—
require that any subsequent purchase of the property be—
only by a person who meets the qualifications specified under subparagraph (B); and
at a price that is determined by a formula or method established by the participating jurisdiction that provides the owner with a reasonable return on investment, which may include a percentage of the cost of any improvements; or
recapture the investment provided under this title in order to assist other persons in accordance with the requirements of this title, except where there are no net proceeds or where the net proceeds are insufficient to repay the full amount of the assistance; and
by striking Housing that is for homeownership and inserting the following:
Housing that is for homeownership
by adding at the end the following:
Notwithstanding subparagraph (C)(i) of paragraph (1) and under terms determined by the Secretary, the Secretary may permit a participating jurisdiction to allow a community land trust that used assistance provided under this subtitle for the development of housing that meets the criteria under paragraph (1), to acquire the housing—
in accordance with the terms of the preemptive purchase option, lease, covenant on the land, or other similar legal instrument of the community land trust when the terms and rights in the preemptive purchase option, lease, covenant, or legal instrument are and remain subject to the requirements of this title;
when the purchase is for—
the purpose of—
entering into the chain of title;
enabling a purchase by a person who meets the qualifications specified under paragraph (1)(B) and is on a waitlist maintained by the community land trust, subject to enforcement by the participating jurisdiction of all applicable requirements of this subtitle, as determined by the Secretary;
performing necessary rehabilitation and improvements; or
adding a subsidy to preserve affordability, which may be from Federal or non-Federal sources; or
another purpose determined appropriate by the Secretary; and
if, within a reasonable period of time after the applicable purpose under subparagraph (B) of this paragraph is fulfilled, as determined by the Secretary, the housing is then sold to a person who meets the qualifications specified under paragraph (1)(B).
A participating jurisdiction, in accordance with terms established by the Secretary, may suspend or waive a requirement under paragraph (1)(B) with respect to housing that otherwise meets the criteria under paragraph (1) if the owner of the housing—
is a member of a regular component of the armed forces or a member of the National Guard on full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as those terms are defined in section 101(d) of title 10, United States Code); and
has received—
temporary duty orders to deploy with a military unit or military orders to deploy as an individual acting in support of a military operation, to a location that is not within a reasonable distance from the housing, as determined by the Secretary, for a period of not less than 90 days; or
orders for a permanent change of station.
Notwithstanding subparagraph (C) of paragraph (1), housing that meets the criteria under that paragraph prior to the death of an owner may continue to qualify as affordable housing if—
the housing is the principal residence of an heir or beneficiary of the deceased owner, as defined by the Secretary; and
the heir or beneficiary, in accordance with terms established by the Secretary, assumes the duties and obligations of the deceased owner with respect to funds provided under this title.
Section 226(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12756(b)) is amended—
by striking Each participating jurisdiction and inserting the following:
Each participating jurisdiction
by striking Such review shall include and all that follows and inserting the following:
A review conducted under paragraph (1) by a participating jurisdiction that is a unit of general local government shall include an on-site inspection to determine compliance with housing codes and other applicable regulations.
A review conducted under paragraph (1) by a participating jurisdiction that is a State shall include an on-site inspection to determine compliance with a national standard as determined by the Secretary.
A participating jurisdiction shall include in the performance report of the participating jurisdiction submitted to the Secretary under section 108(a), and make available to the public, the results of each review conducted under paragraph (1).
Section 223 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12753) is amended—
in the heading, by striking Penalties for misuse of funds and inserting Program enforcement and penalties for noncompliance;
in the matter preceding paragraph (1), by inserting after any provision of this subtitle the following: , including any provision applicable throughout the period required by section 215(a)(1)(E) and applicable regulations,;
in paragraph (2), by striking or at the end;
in paragraph (3), by striking the period at the end and inserting ; or; and
by adding at the end the following:
reduce payments to the participating jurisdiction under this subtitle by an amount equal to the amount of such payments which were not expended in accordance with this title.
Section 225 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12755) is amended by adding at the end the following:
Paragraphs (2) through (4) of subsection (d) shall not apply to the owner of small-scale housing (as defined in section 215(a)(7)).
Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended—
in paragraph (6)(B)—
by striking significant; and
by striking and otherwise and inserting or as otherwise determined acceptable by the Secretary; and
by adding at the end the following:
The term community land trust means a nonprofit entity or a State or local government or instrumentality thereof that—
is not managed by, or an affiliate of, a for-profit organization;
has as a primary purpose acquiring, developing, or holding land to provide housing that is permanently affordable to low- and moderate-income persons, and monitors properties to ensure affordability is preserved;
provides housing described in subparagraph (B) using a ground lease, deed covenant, or other similar legally enforceable measure, as determined by the Secretary, that—
keeps the housing affordable to low- and moderate-income persons for not less than 30 years; and
enables low- and moderate-income persons to rent or purchase the housing for homeownership; and
maintains preemptive purchase options to purchase the property so the housing remains affordable to low-and moderate-income persons.
Section 233 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12773) is amended by striking subsection (f).
Section 231 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12771) is amended—
in subsection (a), by striking to be developed, sponsored, or owned by community housing development organizations and inserting when a community housing development organization materially participates in the ownership or development of such housing, as determined by the Secretary;
by striking subsection (b) and inserting the following:
If any funds reserved under subsection (a) remain uninvested for a period of 24 months, then the Secretary shall make such funds available to the participating jurisdiction for any eligible activities under this title without regard to whether a community housing development organization materially participates in the use of the funds.
by striking subsection (c).
The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.) is amended—
in section 104 (42 U.S.C. 12704)—
by redesignating paragraph (23) (relating to the definition of the term to demonstrate to the Secretary) as paragraph (22); and
by redesignating paragraph (24) (relating to the definition of the term insular area, as added by section 2(2) of Public Law 102–230) as paragraph (23);
in section 105(b) (42 U.S.C. 12705(b))—
in paragraph (7), by striking Stewart B. McKinney Homeless Assistance Act and inserting McKinney-Vento Homeless Assistance Act; and
in paragraph (8), by striking subparagraphs and inserting paragraphs;
in section 106 (42 U.S.C. 12706), by striking Stewart B. McKinney Homeless Assistance Act and inserting McKinney-Vento Homeless Assistance Act;
in section 108(a)(1) (42 U.S.C. 12708(a)(1)), by striking section 105(b)(15) and inserting section 105(b)(18);
in section 212 (42 U.S.C. 12742)—
in subsection (a)—
in paragraph (3)(A)(ii), by inserting United States before Housing Act; and
by redesignating paragraph (5) as paragraph (4);
in subsection (d)(5), by inserting United States before Housing Act; and
in subsection (e)(1)—
by striking section 221(d)(3)(ii) and inserting section 221(d)(4); and
by striking not to exceed 140 percent and inserting as determined by the Secretary;
in section 215(a)(6)(B) (42 U.S.C. 20 12745(a)(6)(B)), by striking grand children and inserting grandchildren;
in section 217 (42 U.S.C. 12747)—
in subsection (a)—
in paragraph (1), by striking (3) and inserting (2);
by striking paragraph (3), as added by section 211(a)(2)(D) of the Housing and Community Development Act of 1992 (Public Law 102–550; 106 Stat. 3756); and
by redesignating the remaining paragraph (3), as added by the matter under the heading Home investment partnerships program under the heading Housing programs in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993 (Public Law 102–389; 106 Stat. 1581), as paragraph (2); and
in subsection (b)—
in paragraph (1)—
in the first sentence of subparagraph (A)—
by striking in regulation and inserting , by regulation,; and
by striking eligible jurisdiction and inserting eligible jurisdictions; and
in subparagraph (F)—
in the first sentence—
in clause (i), by striking Subcommittee on Housing and Urban Affairs and inserting Subcommittee on Housing, Transportation, and Community Development; and
in clause (ii), by striking Subcommittee on Housing and Community Development of the Committee on Banking, Finance and Urban Affairs and inserting Subcommittee on Housing and Insurance of the Committee on Financial Services; and
in the second sentence, by striking the Committee on Banking, Finance and Urban Affairs of the House of Representatives and inserting the Committee on Financial Services of the House of Representatives;
in paragraph (2)(B), by striking $500,000 each place that term appears and inserting $750,000;
in paragraph (3)—
by striking $500,000 each place that term appears and inserting $750,000; and
by striking , except as provided in paragraph (4); and
by striking paragraph (4);
in section 220(c) (42 U.S.C. 12750(c))—
in paragraph (3), by striking Secretary and all that follows and inserting Secretary;;
in paragraph (4), by striking under this title and all that follows and inserting under this title;; and
by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively;
in section 225(d)(4)(B) (42 U.S.C. 12755(d)(4)(B)), by striking for the first place that term appears; and
in section 283 (42 U.S.C. 12833)—
in subsection (a), by striking Banking, Finance and Urban Affairs and inserting Financial Services; and
in subsection (b), by striking General Accounting Office each place that term appears and inserting Government Accountability Office.
Section 363(2) of the Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 3702(2)) is amended—
in subparagraph (D), by striking and at the end;
in subparagraph (E), by striking the period at the end and inserting ; or; and
by adding at the end the following:
section 514, 515, or 538 of the Housing Act of 1949 (42 U.S.C. 1484, 1485, 1490p).
Section 521(d) of the Housing Act of 1949 (42 U.S.C. 1490a(d)) is amended by adding at the end the following:
Notwithstanding any other provision of law in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary, and during the process of foreclosure on any property with a contract for rental assistance under this section—
the Secretary shall maintain any rental assistance payments that are attached to any dwelling units in the property; and
the rental assistance contract may be used to provide further assistance to existing projects under 514, 515, or 516.
Not later than 6 months after the date of enactment of this Act, the Secretary of Agriculture shall conduct a study and submit to Congress a publicly available report on the loan program under section 521 of the Housing Act of 1949 (42 U.S.C. 1490a), including—
the total amount provided by the Secretary in subsidies under such section 521 to borrowers with loans made pursuant to section 502 of such Act (42 U.S.C. 1472);
how much of the subsidies described in paragraph (1) are being recaptured; and
the amount of time and costs associated with recapturing those subsidies.
There is authorized to be appropriated to the Secretary of Agriculture for each of fiscal years 2026 through 2030 such sums as may be necessary for increased staffing needs and information technology upgrades to support all Rural Housing Service programs.
There is authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary for fiscal year 2026 for improvements to the technology of the Rural Housing Service of the Department of Agriculture used to process and manage housing loans.
Amounts appropriated pursuant to paragraph (1) shall remain available until the date that is 5 years after the date of the appropriation.
The Secretary of Agriculture shall make the improvements described in paragraph (1) during the 5-year period beginning on the date on which amounts are appropriated under paragraph (1).
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by adding at the end the following:
The Secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed under section 514, 515, or 516.
On an annual basis, the Secretary shall provide written notice to each owner of a property financed under section 514, 515, or 516 that will mature within the 4-year period beginning upon the provision of the notice, setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection (f).
On an annual basis, for each property financed under section 514, 515, or 516, not later than the date that is 2 years before the date that the loan will mature, the Secretary shall provide written notice to each household residing in the property that informs them of—
the date of the loan maturity;
the possible actions that may happen with respect to the property upon that maturity; and
how to protect their right to reside in federally assisted housing, or how to secure housing voucher, after that maturity.
Notice under this paragraph shall be provided in plain English and shall be translated to other languages in the case of any property located in an area in which a significant number of residents speak such other languages.
Under the program under this section, in any circumstance in which the Secretary proposes a restructuring to an owner or an owner proposes a restructuring to the Secretary, the Secretary may restructure such existing housing loans, as the Secretary considers appropriate, for the purpose of ensuring that those projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers, by—
reducing or eliminating interest;
deferring loan payments;
subordinating, reducing, or reamortizing loan debt;
providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary; and
permanently removing a portion of the housing units from income restrictions when sustained vacancies have occurred.
When the Secretary proposes to restructure a loan or agrees to the proposal of an owner to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a term that is the shorter of 20 years and the term of the restructured loan, subject to annual appropriations, provided that the owner agrees to bring the property up to such standards that will ensure maintenance of the property as decent, safe, and sanitary housing for the full term of the rental assistance contract.
With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households.
As part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that is recorded and obligates the owner to operate the project in accordance with this title.
Except when the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project.
If the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be for the longer of—
20 years; or
the remaining term of the loan for that project.
The Secretary may terminate the 20-year use restrictive use agreement for a project before the end of the term of the agreement if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the control of the owner.
If the Secretary determines that a loan maturing during the 4-year period beginning upon the provision of the notice required under subsection (b)(1) for a project cannot reasonably be restructured in accordance with subsection (c) because it is not financially feasible or the owner does not agree with the proposed restructuring, and the project was operating with rental assistance under section 521 and the recipient is a borrower under section 514 or 515, the Secretary may renew the rental assistance contract, notwithstanding any requirement under section 521 that the recipient be a current borrower under section 514 or 515, for a term of 20 years, subject to annual appropriations.
With respect to a project described in paragraph (1), if rental assistance is not available for all households in the project for which the loan is being restructured pursuant to subsection (c), the Secretary may extend such additional rental assistance to unassisted households at that project as is necessary to make the project safe and affordable to low-income households.
Any agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe, and sanitary housing and to operate the development as affordable housing in a manner that meets the goals of this title.
Subject to subparagraph (C), in setting rents, the Secretary—
shall determine the maximum initial rent based on current fair market rents established under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); and
may annually adjust the rent determined under clause (i) by the operating cost adjustment factor as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note).
Subparagraph (B) shall not apply if the Secretary determines that the budget-based needs of a project require a higher rent than the rent described in subparagraph (B).
If the Secretary makes a positive determination under clause (i), the Secretary may approve a budget-based rent level for the project.
Before the approval of a rental assistance contract authorized under this section, the Secretary shall require, through an annual notice in the Federal Register, the owner to submit to the Secretary a plan that identifies financing sources and a timetable for renovations and improvements determined to be necessary by the Secretary to maintain and preserve the project.
Under the program under this section, the Secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition or preservation of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing.
Of any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program.
There is authorized to be appropriated for the program under this section such sums as may be necessary for each of fiscal years 2026 through 2030.
Not later than 180 days after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025, the Secretary shall—
publish an advance notice of proposed rulemaking; and
consult with appropriate stakeholders.
Not later than 1 year after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025, the Secretary shall publish an interim final rule to carry out this section.
Section 521(d) of the Housing Act of 1949 (42 U.S.C. 1490a(d)), as amended by this section, is amended—
in paragraph (1)—
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
by inserting after subparagraph (A) the following:
upon request of an owner of a project financed under section 514 or 515, the Secretary is authorized to enter into renewal of such agreements for a period of 20 years or the term of the loan, whichever is shorter, subject to amounts made available in appropriations Acts;
in subparagraph (C), as so redesignated, by striking subparagraph (A) and inserting subparagraphs (A) and (B); and
in subparagraph (D), as so redesignated, by striking subparagraphs (A) and (B) and inserting subparagraphs (A), (B), and (C);
in paragraph (2), by striking shall and inserting may; and
by adding at the end the following:
In the case of any rental assistance contract authority that becomes available because of the termination of assistance on behalf of an assisted family—
at the option of the owner of the rental project, the Secretary shall provide the owner a period of not more than 6 months before unused assistance is made available pursuant to subparagraph (B) during which the owner may use such assistance authority to provide assistance on behalf of an eligible unassisted family that—
is residing in the same rental project in which the assisted family resided before the termination; or
newly occupies a dwelling unit in the rental project during that 6-month period; and
except for assistance used as provided in subparagraph (A), the Secretary shall use such remaining authority to provide assistance on behalf of eligible families residing in other rental projects originally financed under section 514, 515, or 516.
Section 504(a) of the Housing Act of 1949 (42 U.S.C. 1474(a)) is amended—
in the first sentence, by inserting and may make a loan to an eligible low-income applicant after applicant;
by inserting Not less than 60 percent of loan funds made available under this section shall be reserved and made available for very low-income applicants. after the first sentence; and
by striking $7,500 and inserting $15,000.
Subtitle E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009 et seq.) is amended by adding at the end the following:
In this section:
The term eligible entity means—
a private, nonprofit community-based housing or community development organization;
a rural community; or
a federally recognized Indian tribe.
The term eligible intermediary means a qualified—
private, nonprofit organization; or
public organization.
The Secretary shall establish a Rural Community Development Initiative, under which the Secretary shall provide grants to eligible intermediaries to carry out programs to provide financial and technical assistance to eligible entities to develop the capacity and ability of eligible entities to carry out projects to improve housing, community facilities, and community and economic development projects in rural areas.
The amount of a grant provided to an eligible intermediary under this section shall be not more than $250,000.
An eligible intermediary receiving a grant under this section shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than the amount of the grant.
The Secretary may waive paragraph (1) with respect to a project that would be carried out in a persistently poor rural region, as determined by the Secretary.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), as amended by this section, is amended by adding at the end the following:
The Secretary shall submit to the appropriate committees of Congress and publish on the website of the Department of Agriculture an annual report on rural housing programs carried out under this title, which shall include significant details on the health of Rural Housing Service programs, including—
raw data sortable by programs and by region regarding loan performance;
the housing stock of those programs, including information on why properties end participation in those programs, such as for maturation, prepayment, foreclosure, or other servicing issues; and
risk ratings for properties assisted under those programs.
The data included in each report required under subsection (a) may be aggregated or anonymized to protect participant financial or personal information.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes—
an analysis of how the outdated technology used by the Rural Housing Service impacts participants in the programs of the Rural Housing Service;
an estimate of the amount of funding that is needed to modernize the technology used by the Rural Housing Service; and
an estimate of the number and type of new employees the Rural Housing Service needs to modernize the technology used by the Rural Housing Service.
Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations to establish a process for adjusting the voucher amount provided under section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) after the issuance of the voucher following an interim or annual review of the amount of the voucher.
The interim review described in paragraph (1) shall, at the request of a tenant, allow for a recalculation of the voucher amount when the tenant experiences a reduction in income, change in family composition, or change in rental rate.
The annual review described in paragraph (1) shall require tenants to annually recertify the family composition of the household and that the family income of the household does not exceed 80 percent of the area median income at a time determined by the Secretary of Agriculture.
If a tenant does not recertify the family composition and family income of the household within the time frame required under subparagraph (A), the Secretary of Agriculture—
shall consider whether extenuating circumstances caused the delay in recertification; and
may alter associated consequences for the failure to recertify based on those circumstances.
Following the annual review of a voucher under paragraph (1), the updated voucher amount shall be effective on the 1st day of the month following the expiration of the voucher.
The process established under paragraph (1) shall require the Secretary of Agriculture to review and update the voucher amount described in paragraph (1) for a tenant not later than 60 days before the end of the voucher term.
Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is amended by adding at the end the following:
The Secretary may provide rural housing vouchers under this section for any low-income household (including those not receiving rental assistance) residing for a term longer than the remaining term of their lease that is in effect on the date of prepayment, foreclosure, or mortgage maturity, in a property financed with a loan under section 514 or 515 or a grant under section 516 that has—
been prepaid with or without restrictions imposed by the Secretary pursuant to section 502(c)(5)(G)(ii)(I);
been foreclosed; or
matured after September 30, 2005.
Notwithstanding any other provision of law, in the case of any rural housing voucher provided pursuant to section 542 of the Housing Act of 1949 (42 U.S.C. 1490r), the amount of the monthly assistance payment for the household on whose behalf the assistance is provided shall be determined as provided in subsection (a) of such section 542, including providing for interim and annual review of the voucher amount in the event of a change in household composition or income or rental rate.
Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended—
in subsection (h), by adding at the end the following:
A nonprofit or public body purchaser, including a limited partnership with a general partner with the principal purpose of providing affordable housing, may purchase a property for which a loan is made or insured under this section that has received a market value appraisal, without addressing rehabilitation needs at the time of purchase, if the purchaser—
makes a commitment to address rehabilitation needs during ownership and long-term use restrictions on the property; and
at the time of purchase, accepts long-term use restrictions on the property.
in subsection (w)(1), in the first sentence in the matter preceding subparagraph (A), by striking 9 percent and inserting 25 percent.
Section 502(a)(2) of the Housing Act of 1949 (42 U.S.C. 1472(a)(2)) is amended—
by inserting (A) before The Secretary;
in subparagraph (A), as so designated, by striking paragraph and inserting subparagraph; and
by adding at the end the following:
The Secretary may refinance or modify the period of any loan, including any refinanced loan, made under this section in accordance with terms and conditions as the Secretary shall prescribe, but in no event shall the total term of the loan from the date of the refinance or modification exceed 40 years.
The amendment made under paragraph (1) shall apply with respect to loans made under section 502 of the Housing Act of 1949 (42 U.S.C. 1472) before, on, or after the date of enactment of this Act.
Section 502(h)(10) of the Housing Act of 1949 (42 U.S.C. 1472(h)(10)) is amended to read as follows:
Upon the transfer of property for which a guaranteed loan under this subsection was made and the assumption of the guaranteed loan by an approved eligible borrower, the original borrower of a guaranteed loan under this subsection shall be relieved of liability with respect to the loan.
In this subsection, the terms State and Tribal organization have the meanings given those terms in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
The Secretary of Agriculture shall revise section 3555.102(c) of title 7, Code of Federal Regulations, to exclude from the restriction under that section—
a home-based business that is a licensed, registered, or regulated child care provider under State law or by a Tribal organization; and
an applicant that has applied to become a licensed, registered or regulated child care provider under State law or by a Tribal organization.
Section 502(h)(4) of the Housing Act of 1949 (42 U.S.C. 1472(h)(4)) is amended—
by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively;
by striking Loans may be guaranteed and inserting the following:
In this paragraph, the term accessory dwelling unit means a single, habitable living unit—
with means of separate ingress and egress;
that is usually subordinate in size;
that can be added to, created within, or detached from a primary 1-unit, single-family dwelling; and
in combination with a primary 1-unit, single family dwelling, constitutes a single interest in real estate.
Loans may be guaranteed
by adding at the end the following:
Nothing in this paragraph shall be construed to prohibit the leasing of an accessory dwelling unit or the use of rental income derived from such a lease to qualify for a loan guaranteed under this subsection—
after the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025; and
if the property that is the subject of the loan was constructed before the date of enactment of the Renewing Opportunity in the American Dream to Housing Act of 2025.
It is the sense of Congress, not later than 90 days after the date on which the Secretary of Agriculture receives an application for a loan, grant, or combined loan and grant under section 502 or 504 of the Housing Act of 1949 (42 U.S.C. 1472, 1474), the Secretary of Agriculture should—
review the application;
complete the underwriting;
make a determination of eligibility with respect to the application; and
notify the applicant of determination.
Not later than 90 days after the date of enactment of this Act, and annually thereafter until the date described in subparagraph (B), the Secretary of Agriculture shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report—
detailing the timeliness of eligibility determinations and final determinations with respect to applications under sections 502 and 504 of the Housing Act of 1949 (42 U.S.C. 1472, 1474), including justifications for any eligibility determinations taking longer than 90 days; and
that includes recommendations to shorten the timeline for notifications of eligibility determinations described in clause (i) to not more than 90 days.
The date described in this subparagraph is the date on which, during the preceding 5-year period, the Secretary of Agriculture provides each eligibility determination described in subparagraph (A) during the 90-day period beginning on the date on which each application is received.
In this section:
The term Moving to Work demonstration means the Moving to Work demonstration authorized under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note).
The term Secretary means the Secretary of Housing and Urban Development.
After the completion of the initial report required under subsection (h)(2), the Secretary may add up to an additional 25 public housing agencies that are designated as high performing agencies under the Public Housing Assessment System or the Section 8 Management Assessment Program to participate in a new cohort as part of the Moving to Work demonstration.
The new cohort authorized under paragraph (1) shall be entitled the Economic Opportunity and Pathways to Independence Cohort.
Subject to paragraph (2), the authority of the Secretary to grant waivers to agencies admitted to the Moving to Work demonstration under this section or to designate policy changes as part of a cohort design under this section shall be limited to the waivers codified as of January 2025 in Appendix I of the document of the Department of Housing and Urban Development entitled Operations Notice for the Expansion of the Moving to Work Demonstration Program (FR–5994–N–05) published in the Federal Register on August 28, 2020, as amended by the notice entitled Operations Notice for Expansion of the Moving to Work Demonstration Program Technical Revisions (FR–5994–N–06) published in the Federal Register on March 20, 2025.
Under paragraph (1), the Secretary may not grant waivers 1c, 1d, 1e, 1f, 1k, 1l, 1o, 1p, 1q, 6, 7, 9a, 9h, or 12 in the document described in paragraph (1), including modifications of or safe harbor requirement waivers for such waivers.
In carrying out the Moving to Work demonstration cohort established under this section, the Secretary may consider policy options to provide opt-out savings or escrow accounts and report positive rental payments to consumer reporting agencies (as defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)) with resident consent.
Public housing agencies in the cohort authorized under this section may expend not more than 5 percent of the amounts those public housing agencies receive in any fiscal year for housing assistance payments under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for purposes other than such housing assistance payments.
Such other uses of amounts described in paragraph (1) shall comply with all other applicable requirements.
The amount of funding public housing agencies receive for renewal of housing assistance payments under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) shall be determined according to the same funding formula applicable to public housing agencies that do not participate in the Moving to Work demonstration, except that the Secretary shall provide public housing agencies funding to renew any funds expended under this subsection, with an adjustment for inflation.
The amount of funding public housing agencies receive for administrative fees under section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)), public housing operating subsidies under section 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), and public housing capital funding under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)) shall be determined according to the same funding formula applicable to public housing agencies that do not participate in the Moving to Work demonstration.
The Secretary shall select public housing agencies designated under this section through a competitive process, as determined by the Secretary, with the following parameters:
No public housing agency shall be granted this designation under this section that administers more than 27,000 aggregate housing vouchers and public housing units.
Of the public housing agencies selected under this section, not more than 12 shall administer 1,000 or fewer aggregate housing vouchers and public housing units, not more than 8 shall administer between 1,001 and 6,000 aggregate housing vouchers and public housing units, and not more than 5 shall administer between 6,001 and 27,000 aggregate housing vouchers and public housing units.
Selection of public housing agencies under this section shall be based on ensuring the geographic diversity of Moving to Work demonstration public housing agencies.
Within the requirements under paragraphs (1) through (3), the Secretary shall prioritize selecting public housing agencies that serve families with children and youth aging out of foster care at a rate above the national average.
Consistent with section 204(c)(3) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), public housing agencies selected for the Moving to Work demonstration under this section shall—
ensure that not less than 75 percent of the families assisted are very low-income families, as defined in section 3(b)(2)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)(B));
establish a reasonable rent policy, which shall be designed to encourage employment and self-sufficiency by participating families, consistent with the purpose of the Moving to Work demonstration, such as by excluding some or all of a family’s earned income for purposes of determining rent;
continue to assist substantially the same total number of eligible low-income families as would have been served had the amounts not been combined;
maintain a comparable mix of families (by family size) as would have been provided had the amounts not been used under the Moving to Work demonstration; and
assure that housing assisted under the Moving to Work demonstration meets housing quality standards established or approved by the Secretary.
If the Secretary finds that a public housing agency participating in the cohort authorized under this section is not in compliance with the requirements under this section, the Secretary shall make a determination of noncompliance.
Upon making a determination under paragraph (1), the Secretary shall develop a process to bring the public housing agency into compliance.
If a public housing agency cannot be brought into compliance under the process developed under paragraph (2), the Secretary shall remove the participating public housing agency from the cohort and replace it with a similarly qualified public housing agency currently not in the cohort chosen in the manner described in subsection (e).
Upon removing a public housing agency under paragraph (3), the Secretary shall immediately submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives—
a notification of the removal; and
a report on the active steps the Secretary is taking to replace the public housing agency with a new public housing agency.
The Secretary shall continue ongoing research investigations commenced as part of the assessment of the cohorts established under section 239 of the Department of Housing and Urban Development Appropriations Act, 2016 (42 U.S.C. 1437f note; Public Law 114–113), make public all products completed as part of those investigations, and keep such products online for at least 5 years.
The Secretary shall coordinate with the advisory committee established under section 239 of the Department of Housing and Urban Development Appropriations Act, 2016 (42 U.S.C. 1437f note; Public Law 114–113) to establish a research program to evaluate the outcomes and efficacy of the following for all Moving to Work demonstration agencies designated under the authority under such section and this section:
The waivers granted to each cohort and whether those waivers accomplish the goals of achieving greater cost effectiveness and administrative capacity, incentivizing families to become economically self-sufficient, and increasing housing choice.
The additional flexibilities granted to individual public housing agencies under each cohort.
How the flexibilities described in clause (ii) were used for local, non-traditional activities.
Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the following for each Moving to Work demonstration cohort under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), section 239 of the Department of Housing and Urban Development Appropriations Act, 2016 (42 U.S.C. 1437f note; Public Law 114–113), and this section:
The annual administrative plans of each Moving to Work demonstration public housing agency.
Assessments of longitudinal data, including data on units, households, and outcomes, which shall be evaluated to compare changes in the following trends before and after Moving to Work demonstration designation:
Impacts on tenants based on the following, disaggregated by the public housing program and the housing choice voucher program:
Eviction rates.
Hardship policy usage.
Share of rent covered by a household.
Turnover, including the number of household moves with or without continued assistance.
Reasons for exit from the program.
The number and characteristics of households served, including households with a non-elderly family member with a disability, 3 or more minors, homelessness status at the time of admission, and average and median income as a percent of area median income.
Impacts on public housing agency operations based on the following:
The number of units, broken down by type.
The size, including the number of bedrooms per unit, accessibility, affordability, and quality of units.
The length of each waitlist maintained and average wait times.
Changes in capital backlog needs and surplus fund and reserve levels.
The number of public housing units undergoing a conversion under the rental assistance demonstration program authorized under the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55; 125 Stat. 673) or demolition or disposition projects under section 18 of the United States Housing Act of 1937 (42 U.S.C. 1437p), including the number of units lost and the location of any replacement housing resulting from demolition or disposition.
The share of project-based vouchers compared to tenant-based vouchers.
The following annual housing choice voucher data:
Voucher unit utilization rates.
Voucher budget utilization rates.
Annualized voucher success rate.
Demographic composition of households issued vouchers compared to utilized vouchers.
Average time to lease-up.
Average cost per voucher.
Average cost per landlord incentive.
Ratio of the proportion of voucher households living in concentrated low-income areas to the proportion of renter-occupied units in concentrated low-income areas.
Characteristics of census tracts where voucher recipients reside.
How the public housing agency met each of the statutory requirements in section 204(c)(3) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note).
Impacts on public housing staffing and capacity, including the average public housing agency operating, administrative, and housing assistance payment expenditures per household per month.
Legislative recommendations for flexibilities that could be expanded to all public housing agencies and how each flexibility enhances housing choice, affordability, and administrative capacity and efficiency for public housing agencies.
The Secretary shall maintain all reports submitted pursuant to this section in a manner that is publicly available, accessible, and searchable on the website of the Department of Housing and Urban Development for not less than 5 years.
Annually, the Secretary shall make the annual plan of the Moving to Work demonstration, the Section 8 administrative plan, and the admission and continued occupancy policy publicly available in 1 location on the website of the Department of Housing and Urban Development for not less than 5 years.
The Secretary may establish a searchable database on the website of the Department of Housing and Urban Development to track the types of flexibilities into which Moving to Work demonstration public housing agencies have opted or for which a waiver was approved by the Secretary, disaggregated by year such flexibilities were adopted or approved.
In this section:
The term appropriate congressional committees means—
the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the Committee on Financial Services of the House of Representatives.
The term at risk of homelessness has the meaning given the term in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360).
The term Department means the Department of Housing and Urban Development.
The term homeless has the meaning given the term in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302).
The term public housing agency has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
The term Secretary, except as otherwise provided, means the Secretary of Housing and Urban Development.
Section 418 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11378) is amended by striking 7.5 percent and inserting 10 percent.
Subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) is amended—
in section 402(g) (42 U.S.C. 11360a(g))—
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
The Secretary—
shall accept applications for designation as a unified funding agency annually or biennially, which designation shall be effective for not more than 2 years; and
may, on an annual or biennial basis, renew any designation under subparagraph (A).
in section 422 (42 U.S.C. 11382)—
in subsection (b)—
by striking The Secretary and inserting the following:
Except as provided in paragraph (2), the Secretary
by adding at the end the following:
Subject to the availability of appropriations, the Secretary may issue a notification of funding availability for grants awarded under this subtitle that provides funding for 2 successive fiscal years, which shall—
award funds for the second year of projects, including adjustments under subsection (f), unless the project is underperforming, as determined by the collaborative applicant, and the collaborative applicant applies to replace the project with a new project; and
include—
the method for applying for and awarding projects to replace underperforming projects in year 2;
the method for applying for and awarding renewals of expiring grants for projects that were not eligible for renewal in the first fiscal year;
the method for allocating any amounts in the second fiscal year that are in excess of the amount needed to fund the second fiscal year of all grants awarded in the first fiscal year;
the method of applying for and awarding grants, which are 1-year transition grants awarded by the Secretary to project sponsors for activities under this subtitle to transition from 1 eligible activity to another eligible activity if the recipient—
has the consent of the continuum of care; and
meets standards determined by the Secretary;
announce by notice the award of second fiscal year funding and awards for new and renewal projects; and
identify the process by which the Secretary may approve replacement of a collaborative applicant that is not a unified funding agency to receive the award in the second fiscal year.
in subsection (c)(2)—
by striking (A) In general.—Except as provided in subparagraph (B), the Secretary and inserting The Secretary; and
by striking subparagraph (B); and
in subsection (e), by striking 1 year and inserting 2 years;
in section 423(a) (42 U.S.C. 11383)—
in paragraph (4), in the third sentence—
by striking , at the discretion of the applicant and the project sponsor,; and
by inserting not more than before 15 years;
in paragraph (7), in the matter preceding subparagraph (A), by inserting payment of not more than 6 months of arrears for rent and utility expenses, after moving costs,; and
in paragraph (10), by striking 3 percent and inserting the greater of either $70,000 or 5 percent;
in section 425 (42 U.S.C. 11385), by adding at the end the following:
Not later than 1 year after the date of enactment of this subsection, and on a biennial basis thereafter, the Comptroller General of the United States—
shall study the hiring, retention, and compensation levels of the workforce providing the services described in subsection (c), including executive directors, case managers, and frontline staff, and examine whether low compensation is undermining program effectiveness;
shall submit to the appropriate congressional committees a report on any findings, and to the Secretary any recommendations, as the Comptroller General considers appropriate regarding funding levels for the cost of the supportive services and the staffing to provide the services described in subsection (c); and
in carrying out the study under paragraph (1), may reference the Consumer Price Index or other similar surveys.
in section 426 (42 U.S.C. 11386), by adding at the end the following:
When complying with inspection requirements for a housing unit provided to a homeless individual or family using assistance under this subtitle, the Secretary may allow a grantee to—
conduct a pre-inspection not more than 60 days before leasing the unit;
if the unit is located in a rural or small area, conduct a remote or video inspection of a unit; and
allow the unit to be leased prior to completion of an inspection if the unit passed an alternative Federal inspection within the preceding 12-month period, so long as the unit is inspected not later than 15 days after the start of the lease.
in section 430 (42 U.S.C. 11386d), by adding at the end the following:
With respect to grant amounts awarded under this subtitle, costs paid by the program income of a grant recipient may count toward the contributions required under subsection (a) if the costs—
are eligible expenses under this subtitle;
meet standards determined by the Secretary; and
supplement activities carried out by the recipient under this subtitle.
In this paragraph—
the terms collaborative applicant and eligible entity have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360); and
the terms Indian tribe and tribally designated housing entity have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading Homeless Assistance Grants in the Department of Housing and Urban Development Appropriations Act, 2021 (Public Law 116–260) and under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to applications by or awards for projects to be carried out—
on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or
on reservation or trust lands for awards made to eligible entities.
With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading Homeless Assistance Grants under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a)—
applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section 403 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112); and
a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(2)).
Section 8(o)(5) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(5)) is amended by adding at the end the following:
Notwithstanding subparagraph (A)—
a public housing agency may accept a third party income calculation and verification of family income for purposes of this subsection if—
the calculation and verification was completed for determination of income eligibility for a Federal program or service during the preceding 12-month period; and
there has been no change in income or family composition since the calculation and verification under clause (i); and
when using prior year income under section 3(a)(7)(B), a public housing agency shall use the income of the family as determined by the agency or owner for the prior calendar year or another 12-month period ending during the preceding 12 months, taking into consideration any redetermination of income between the start of such prior calendar year or other 12-month period and the date of the annual review.
Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services and the Secretary shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct and submit to the appropriate congressional committees an evidence-based, nonpartisan analysis that—
reviews the research on linkages between access to affordable health care and homelessness and analyzes the effect of greater coordination and partnerships between health care organizations, mental health and substance use disorder and substance use disorder service providers, and housing service providers, including possible cost-savings from providing greater access to health services, recovery housing, or housing-related supportive services for individuals experiencing chronic homelessness and other types of homelessness; and
includes policy and program recommendations for improving access to health care and housing, health care and housing outcomes, possible cost-savings and efficiencies, and best practices.
Subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.) is amended by adding at the end the following:
In this section:
The term appropriate congressional committees means—
the Committee on Banking, Housing, and Urban Affairs of the Senate; and
the Committee on Financial Services of the House of Representatives.
The term health care organization means an entity providing medical or mental and behavioral health care, including—
a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)));
a Federally-qualified health center (as defined in section 1905(l)(2) of the Social Security Act (42 U.S.C. 1396d(l)(2))) or another community health center eligible to receive a grant under section 330 of the Public Health Service Act (42 U.S.C. 254b); and
a licensed or certified provider of evidence-based substance use disorder services or mental health services providing such services pursuant to funding under a block grant for substance use prevention, treatment, and recovery services or a block grant for community mental health services under subpart II or subpart I, respectively, of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.).
The term housing provider means an entity, including a grant recipient under subtitle B or C of this title, a public housing agency (as defined in section 3 of the United States Housing Act of 1937 (42 U.S.C. 1437a)), or a federally funded organization or a nonprofit organization, that administers a program to provide housing services to individuals experiencing or at risk of homelessness, including rapid re-housing, transitional housing, housing choice vouchers, and housing-related supportive services.
The Secretary may establish demonstration projects or partnerships that involve collaboration between housing providers and healthcare organizations to provide housing-related supportive services, including—
assistance in coordinating data systems in a manner that is compliant with the Health Insurance Portability and Accountability Act (Public Law 104–191); and
projects or partnerships that are aimed at serving individuals—
who are homeless, chronically homeless, or at risk of homelessness; and
with—
a high-use of emergency services or emergency departments;
chronic disabilities, including physical health or mental health conditions;
substance use disorders;
serious mental illness; or
other severe service needs.
Not later than 2 years after the date of enactment of this Act, and every 4 years thereafter, the Secretary shall submit to the appropriate congressional committees a report on each demonstration project or partnership established under this section.
The table of contents in section 101(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is amended by inserting after the item relating to section 408 the following:
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall—
conduct a multi-community evaluation of the operations of coordinated assessment systems by the Continuum of Care Program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) program to examine the efficiency, accuracy, and outcomes of those operations; and
submit to the appropriate congressional committees on any findings and to the Secretary on any recommendations, as the Comptroller General considers appropriate, for a more effective and efficient coordinated entry process.
Not later than 2 years after the date of enactment of this Act, the Secretary shall—
evaluate the coordinated assessment processes under the Continuum of Care Program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.), which shall include—
a request for information from continuums of care about coordinated entry tools, processes, barriers, documentation barriers, and necessary guidance;
incorporation of findings from relevant reports and demonstrations of the Department, including the report described in paragraph (1); and
consultation with organizations with expertise in providing health care to people experiencing homelessness on best practices in assessment tools for prioritizing resources and characterizing chronic homelessness and people experiencing homelessness with high-service needs;
issue an updated notice, which shall include guidance—
on effective assessment processes that remove barriers, streamline access, allow for coordination with public housing agencies, include trauma-informed data collection practices, improve accuracy, address needs for underserved groups, and successfully rehouse homeless individuals;
that includes all key populations and subpopulations, including consideration for age, family status, health status, or other factors, access points, prioritization, and programs and systems serving individuals experiencing homelessness; and
that allows for local flexibility and tailoring based on the needs and resources within the specific community; and
establish a timely, periodic procedure to request feedback on coordinated assessment and update the guidance, which may include conducting a request for information not less frequently than once every 5 years.
The Secretary shall—
issue not less than 1 request for information on—
improving data collection, including through the use of the Homeless Management Information System or other data systems;
coordination and use of data between housing and homelessness providers and physical, mental, and behavioral health organizations, substance use treatment providers, and the Department of Veterans Affairs for implementation of programs to provide services for people experiencing or at risk of homelessness, including the chronically homeless; and
the potential benefits and risks of using artificial intelligence models for the purpose of improving program coordination and effectiveness and assessing the effectiveness of interventions to house individuals experiencing or at risk of homelessness, including by sub-populations;
consider providing incentives to improve data collection, enhance the use of the Homeless Management Information System, implement community information exchanges, and strengthen the coordination of data from physical, mental, and behavioral health organizations with housing and homelessness providers, in order to target resources for housing, outreach, homelessness prevention, and housing-related supportive services for homeless individuals, or chronically homeless individuals; and
coordinate with the Secretary of the Department of Veterans Affairs to improve coordination between data systems for vouchers provided under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)), the Homeless Management Information System, and any other applicable homeless program supported by the Department of Veterans Affairs.
Nothing in this section or the amendments made by this section shall be construed to limit the authority of the Secretary to provide flexibility under housing laws in effect as of the date of enactment of this Act. The flexibilities and waivers authorized under this section and the amendments made by this section shall not replace or result in the termination of other flexibilities and waivers that the Secretary is authorized to exercise.
Section 414 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11373) is amended by adding at the end the following:
Notwithstanding any other provision of law or regulation, a recipient may request a waiver of the spending cap established pursuant to section 415(b) for amounts provided between fiscal years 2026 through 2029.
A recipient seeking a waiver described in paragraph (1) shall submit to the Secretary a waiver request that includes not more than the following:
A demonstration of local needs and circumstances that necessitate a waiver.
A detailed plan for how the recipient intends to use funds.
A justification for how the proposed use of funds supports the most recent Consolidated Annual Performance and Evaluation Report of the recipient.
Any public input solicited under subparagraph (B)(ii).
Each recipient shall—
notify all subrecipients, including local continuums of care, of the availability of waivers under this subsection; and
prior to the submission of a waiver request under subparagraph (A)), solicit public input regarding the potential need for and proposed uses of such waiver.
The Secretary shall—
make all waiver requests submitted under subparagraph (A) publicly available on the website of the Department of Housing and Urban Development;
not later than 60 days after the date on which the Secretary receives a waiver request under subparagraph (A), approve or deny the request; and
deny any waiver submitted under subparagraph (A) by a recipient that relocates or threaten to relocates individuals or their property without providing emergency shelter, rapid rehousing, transitional housing, permanent supportive housing, or other permanent housing options.
A waiver approved under this subsection shall remain in effect for each of fiscal years 2026 through 2029 unless the recipient notifies the Secretary in writing that the recipient wishes to revoke the waiver.
If a recipient revokes a waiver under subparagraph (A), the recipient shall solicit input from subrecipients regarding the revocation and provide a justification for the revocation.
The Secretary shall publish any revocation of a waiver under subparagraph (A) and the justification of the recipient for the waiver on the website of the Department of Housing and Urban Development.
Subpart A of part 2 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4541 et seq.) is amended by adding at the end the following:
Not later than 6 months after the date of enactment of this section, the Director shall, by regulation or order, require each enterprise to include a disclaimer below the military service question on the form known as the Uniform Residential Loan Application stating, If yes, you may qualify for a VA Home Loan. Consult your lender regarding eligibility..
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 submit to Congress a report on whether not less than 80 percent of lenders using the Uniform Residential Loan Application have included on that form the disclaimer required under section 1329 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as added by subsection (a).
Subparagraph (A) of section 203(f)(2) of the National Housing Act (12 U.S.C. 1709(f)(2)(A)) is amended—
by inserting (i) after loan-to-value ratio; and
by inserting before the semicolon the following: , and (ii) in connection with a loan guaranteed or insured under chapter 37 of title 38, United States Code, assuming prevailing interest rates.
Nothing in the amendments made by paragraph (1) shall be construed to require an original lender to determine whether a prospective borrower is eligible for any loan included in the notice required under section 203(f) of the National Housing Act (12 U.S.C. 1709(f)).
Subpart A of part 2 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4541 et seq.), as amended by section 601(a) of this Act, is amended by adding at the end the following:
Not later than 6 months after the date of enactment of this section, the Director shall require each enterprise to—
include a military service question on the form known as the Uniform Residential Loan Application; and
position the question described in paragraph (1) above the signature line of the Uniform Residential Loan Application.
Not later than 6 months after the date of enactment of this Act, the Director of the Federal Housing Finance Agency shall issue a rule to carry out the amendment made by this section.
Section 3(b)(4)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(4)(B)) is amended—
by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; and
by inserting after clause (iii) the following:
for the purpose of determining income eligibility with respect to the supported housing program under section 8(o)(19), any disability benefits received under chapter 11 or chapter 15 of title 38, United States Code, received by a veteran, except that this exclusion shall not apply to the income in the definition of adjusted income;
for the purpose of determining income eligibility with respect to any household receiving rental assistance under the supported housing program under section 8(o)(19) as it relates to eligibility for other types of housing assistance, any disability benefits received under chapter 11 or chapter 15 of title 38, United States Code, received by a veteran, except that this exclusion shall not apply to income in the definition of adjusted income;
When determining the eligibility of a veteran to rent a residential dwelling unit constructed on Department property on or after the date of the enactment of this Act, for which assistance is provided as part of a housing assistance program administered by the Secretary, the Secretary shall exclude from income any disability benefits received under chapter 11 or chapter 15 of title 38, United States Code by such person.
In this subsection:
The term Secretary means the Secretary of Housing and Urban Development.
The term Department property has the meaning given the term in section 901 of title 38, United States Code.
The Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is amended by adding at the end the following:
The Secretary shall, on an annual basis, testify before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the status of all programs carried out by the Department, at the request of the relevant committee.
On an annual basis, the following individuals shall testify before the appropriate committees of Congress with respect to mortgage loans made, guaranteed, or insured by the Federal Government:
The President of the Government National Mortgage Association.
The Federal Housing Commissioner.
The Administrator of the Rural Housing Service.
The Executive Director of the Loan Guaranty Service of the Department of Veterans Affairs.
The Director of the Federal Housing Finance Agency.
Section 202(c)(8) of the National Housing Act (12 U.S.C. 1708(c)(8)) is amended—
by striking , in consultation with the Federal Housing Administration Advisory Board,; and
by inserting and to Congress after the Secretary.
Section 202(a) of the National Housing Act (12 U.S.C. 1708(a)) is amended by adding at the end the following:
The Secretary shall—
submit to Congress monthly reports on the capital ratio required under section 205(f)(2); and
notify Congress as soon as practicable after the Fund falls below the capital ratio required under section 205(f)(2).
Section 202(a)(4) of the National Housing Act (12 U.S.C. 1708(a)(4)) is amended—
by striking The Secretary and inserting the following:
In this paragraph, the term first-time homebuyer means a borrower for whom no consumer report (as defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)) indicates that the borrower has or had a loan with a consumer purpose that is secured by a 1- to 4-unit residential real property.
The Secretary
in subparagraph (B), as so designated, by striking also and inserting detail how many loans were originated in each census tract to first-time homebuyers, as well as.
Section 203(w)(2) of the National Housing Act (12 U.S.C. 1709(w)(2)) is amended by inserting and first-time homebuyers (as defined in section 202(a)(4)(A)) after minority borrowers.
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to Congress a report on—
the value for the Federal Housing Administration of defining what is sustainable homeownership in a way that considers borrower default, refinancing of a mortgage that is not insured by the Federal Housing Administration, the Department of Veterans Affairs, or Rural Housing Service, paying off a mortgage loan and transitioning back to renting, and other factors that demonstrate whether insurance provided under title II of the National Housing Act (12 U.S.C. 1707 et seq.) has successfully served a borrower, including for first-time homebuyers for whom no consumer report (as defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)) indicates that the borrower has or had a loan with a consumer purpose that is secured by a 1- to 4-unit residential real property; and
the feasibility of the Federal Housing Administration developing a scorecard using the metrics described in paragraph (1) to measure borrower performance and reporting the scorecard data to Congress.
Section 203(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313(a)) is amended—
in paragraph (1)—
by striking Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 and inserting Renewing Opportunity in the American Dream to Housing Act; and
by striking update such plan annually and inserting the following: "submit to the President and Congress a report every year thereafter that includes—
the status of completion of the plan; and
any modifications that were made to the plan and the reasons for those modifications;
by redesignating paragraphs (10) through (13) as paragraphs (11) through (14), respectively;
by redesignating the second paragraph (9) (relating to collecting and disseminating information) as paragraph (10);
in paragraph (13), as so redesignated, by striking and at the end;
in paragraph (14), as so redesignated, by striking the period at the end and inserting “; and
by adding at the end the following:
testify annually before Congress.
Section 415(a)(1)(A) of title 5, United States Code, is amended by inserting the Neighborhood Reinvestment Corporation, after the Postal Regulatory Commission,.
The Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101 et seq.) is amended—
in section 606 (42 U.S.C. 8105), by adding at the end the following:
There is authorized to be appropriated to the Office of Inspector General of the corporation established under section 415 of title 5, United States Code, such sums as may be necessary to carry out this Act.
There shall not be transferred to the Office of Inspector General of the corporation any program operating responsibilities of the corporation, including the organizational assessments work and grantee oversight function of the corporation.
Section 607 of the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8106) is amended by striking subsection (b) and inserting following:
The accounts of the corporation shall be audited annually by an independent external auditor.
Notwithstanding any other audit work performed by the Office of Inspector General of the corporation, the audits required under paragraph (1) shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken.
Section 129E of the Truth In Lending Act (15 U.S.C. 1639e) is amended—
by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and
by inserting after subsection (i) the following:
In this section:
The term unacceptable appraisal practice means an appraisal report that—
uses unsupported or subjective terms to assess or rate the property without providing a foundation for analysis and contextual information;
uses inaccurate or incomplete data about the subject property, the neighborhood, the market area, or any comparable property;
includes references, statements or comparisons about crime rates or crime statistics, whether objective or subjective;
relies in the appraisal analysis on comparable properties that were not personally inspected by the appraiser when required by the appraisal’s scope of work;
relies in the appraisal analysis on inappropriate comparable properties;
fails to use comparable properties that are more similar, or nearer, to the subject property without adequate explanation;
uses comparable property data provided by any interested party to the transaction without verification by a disinterested party;
uses inappropriate adjustments for differences between the subject property and the comparable properties that do not reflect the market’s reaction to such differences; or
fails to make proper adjustments, including time adjustments for differences between the subject property and the comparable properties when necessary.
The term unsupported means, with respect to an appraisal report or an appraiser’s opinion of value, that the appraisal report or the opinion of value is not supported by relevant evidence and logic.
In connection with a consumer credit transaction secured by a consumer’s principal dwelling, a creditor shall have a review and resolution procedure for a consumer-initiated reconsideration of value or subsequent appraisal that complies with the following requirements:
The creditor shall complete its own appraisal review before delivering the appraisal to the consumer.
The creditor shall have policies and procedures that provide the consumer with a process to submit 1 request for a reconsideration of value and subsequent appraisal prior to the loan closing or within 60 calendar days of denial of a credit application if the consumer believes the appraisal report may be unsupported, may be deficient due to an unacceptable appraisal practice, or may reflect discrimination.
At the time of application and upon delivery of the appraisal report to the consumer, the creditor shall provide a written disclosure to the consumer describing the process for requesting a reconsideration of value or subsequent appraisal, which written disclosure shall include a standardized format for the consumer to submit the request for a reconsideration of value, including—
the name of the borrower;
the property address;
the effective date of the appraisal;
the appraiser’s name;
the date of the request;
a description of why the consumer believes the appraisal report may be unsupported, may be deficient due to an unacceptable appraisal practice, or may reflect discrimination;
any additional information, data, including not more than 5 alternative comparable properties and the related data sources that the consumer would like the appraiser to consider; and
an explanation of why the new information, data, or comparable properties support the reconsideration of value.
The creditor shall obtain the necessary information from the consumer if the consumer’s request for reconsideration of value or subsequent appraisal is unclear or requires more information.
The creditor shall have a standardized format to communicate the reconsideration of value to the appraiser, which format shall include—
the name of the borrower;
the property address;
the effective date of the appraisal;
the appraiser’s name;
the date of the request;
a description of any area of the appraisal report that may be unsupported, may be deficient due to an unacceptable appraisal practice, or may reflect discrimination;
any additional information, data, including not more than 5 alternative comparable properties and the related data sources that the consumer would like the appraiser to consider;
an explanation of why the new information, data, or comparable properties support the reconsideration of value;
a definition of turn-time expectations for the appraiser to communicate the reconsideration of value results back to the creditor;
instructions for delivering the reconsideration of value response as part of a revised appraisal report that includes commentary on conclusions regardless of the outcome; and
a reference for appraisers on how to correct minor appraisal issues or non-material errors not related to the reconsideration of value process.
If the creditor identifies material deficiencies in the appraisal report that are not corrected or addressed by the appraiser upon request of the creditor, including through a consumer-initiated reconsideration of value, or if there is evidence of unsupported or unacceptable appraisal practices, the creditor shall—
at the request of the consumer, order a subsequent appraisal at the creditor’s own expense; and
forward the appraisal report and the creditor’s summary of findings to the appropriate appraisal licensing agency or regulatory board.
If the creditor has reason to believe that an appraisal report reflects discrimination, the creditor shall—
order a subsequent appraisal, at the creditor’s own expense;
forward the appraisal report and the creditor’s summary of findings to the appropriate local, State, or Federal enforcement agency; and
upon a final determination of discrimination by the appropriate local, State, or Federal enforcement agency, receive a reimbursement from the appraiser covering the cost of the subsequent appraisal ordered by the creditor.
Except as provided in clause (ii), in this paragraph, the term reason to believe means that the creditor has reviewed the applicable law and available evidence and determined that a potential violation of Federal or state antidiscrimination law exists. The available evidence may include the appraisal report, loan files, written communications, credible observations by persons with direct knowledge, statistical analysis, and the appraiser’s response to the request for a reconsideration of value.
The term reason to believe does not mean that there is a final legal determination of discrimination.
The creditor shall retain all documentation and written communications related to the request for reconsideration of value or subsequent appraisal in the loan file during the 7-year period beginning on the date on which the consumer submitted the credit application.
This subsection is consistent with the exceptions to the appraiser independence requirements found in subsection (c). Nothing in this subsection shall be construed to require a creditor to submit a reconsideration of value to the original appraiser before ordering a subsequent appraisal from a subsequent appraiser.
Section 129E(g) of the Truth in Lending Act (15 U.S.C. 1639e(g)) is amended—
in paragraph (1), by striking paragraph (2), the Board and inserting paragraphs (2) and (3), the Bureau; and
by adding at the end the following:
Not later than 1 year after the date of enactment of this paragraph, the Federal Housing Finance Agency shall issue a final rule after notice and comment and issue such guidance as may be necessary to carry out and enforce subsection (j).
—
The term covered agencies means—
the Federal Housing Finance Agency, on behalf of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation;
the Department of Housing and Urban Development, including the Federal Housing Administration;
the Department of Agriculture; and
the Department of Veterans Affairs.
No later than 240 days after the date of enactment of this Act, the Comptroller General of the United States shall issue a public report to Congress assessing the feasibility of creating a publicly available appraisal database that consists of a searchable and downloadable appraisal-level public use file that consolidates appraisal data held or aggregated by covered agencies, which shall include—
the costs and benefits associated with establishing and maintaining the public database;
the benefits and risks associated with either the Federal Housing Finance Agency or the Bureau of Consumer Financial Protection being responsible for the public database and whether there is another Federal agency best suited for implementing and administering such database;
any safety and soundness, antitrust, or consumer privacy-related risks associated with making certain appraisal data factors publicly available, including whether–
there are any existing legal requirements, including under the Home Mortgage Disclosure Act of 1974 (12 U.S.C. 2801 et seq.) and section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), or additional actions Federal agencies could take to mitigate such risks, such as modifying or aggregating data, or eliminating personally identifiable information; and
there are any data factors that, if made public, may violate conduct, ethics, or other professional standards as they relate to appraisals and appraisal or valuation professionals;
the feasibility of consolidating or matching appraisal data held by covered agencies with corresponding data that is required and made public under the Home Mortgage Disclosure Act of 1974 (12 U.S.C. 2801 et seq.);
whether the publication of any appraisal data factors may pose unfair business advantages within the valuation industry;
the feasibility of including all valuation data held by covered agencies, including data produced by automated valuation models;
the feasibility and benefits of making the full appraisal dataset, including any modified fields, available to—
Federal agencies, including for purposes related to enforcement and supervision responsibilities;
relevant State licensing, supervision, and enforcement agencies and State attorneys general;
approved researchers, including academics and nonprofit organizations that, in connection with their mission, work to ensure the fairness and consistency of home valuations, including appraisals; and
any other entities identified by the Comptroller General as having a compelling use for disaggregated data;
what appraisal data is already available in the public domain; and
the feasibility of incorporating legacy data held by covered agencies during the period beginning on January 1, 2017 and ending on the date of enactment of this Act, and whether there are specific data points not easily consolidated or matched, as described in subparagraph (D), with more recent data.
The database described in paragraph (2) shall be used to provide the public, the Federal Government, and State governments with residential real estate appraisal data to help determine whether financial institutions, appraisal management companies, appraisers, valuation technologies, such as automated valuation models, and other valuation professionals are serving the housing market in a manner that is efficient and consistent for all mortgage loan applicants, borrowers, and communities.
As part of the information used in the report required under paragraph (2), the Comptroller General of the United States shall conduct interviews with—
relevant Federal agencies;
relevant State licensing, supervision, and enforcement agencies and State attorneys general;
appraisers and other home valuation industry professionals;
mortgage lending institutions;
fair housing and fair lending experts; and
any other relevant stakeholders as determined by the Comptroller General.
Upon the completion of the report under paragraph (2), the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives shall each hold a hearing on the findings of the report and the feasibility of establishing a public appraisal-level appraisal database.
The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall establish a memorandum of understanding, or other appropriate interagency agreement, to share relevant housing-related research and market data that facilitates evidence-based policymaking.
Not later than 180 days after the date of enactment of this Act, the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall jointly submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Finance of the House of Representatives a report containing—
a description of opportunities for increased collaboration between the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs to reduce inefficiencies in housing programs;
a list of Federal laws and regulations that adversely affect the availability and affordability of new construction of assisted housing and single family and multifamily residential housing subject to mortgages insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.), insured, guaranteed, or made by the Secretary of Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), or insured, guaranteed, or made by the Secretary of Veterans Affairs under chapter 37 of title 38, United States Code; and
recommendations for Congress regarding the Federal laws and regulations described in subparagraph (B).
The report required under paragraph (1) shall, prior to submission under that subsection, be published in the Federal Register and open for comment for a period of 30 days.
Not later than 180 days after the date of enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall enter into a memorandum of understanding to—
evaluate categorical exclusions under the environmental review process for housing projects funded by amounts from the Department of the Housing and Urban Development and the Department of Agriculture;
develop a process to designate a lead agency and streamline adoption of Environmental Impact Statements and Environmental Assessments approved by the other Department to construct housing projects funded by both agencies;
maintain compliance with environmental regulations under part 58 of title 24, Code of Federal Regulations, as in effect on January 1, 2025, except as required to amend, add, or remove categorical exclusions identified under sections 58.35 of title 24, Code of Federal Regulations, through standard rulemaking procedures; and
evaluate the feasibility of a joint physical inspection process for housing projects funded by amounts from the Department of the Housing and Urban Development and the Department of Agriculture.
Not later than 180 days after the date of enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall establish an advisory working group for the purpose of consulting on the memorandum of understanding entered into under subsection (a).
The advisory working group established under paragraph (1) shall consist of representatives of—
affordable housing nonprofit organizations;
State housing agencies;
nonprofit and for-profit home builders and housing developers;
property management companies;
public housing agencies;
residents in housing assisted by the Department of Housing and Urban Development or the Department of Agriculture and representatives of those residents; and
housing contract administrators.
Not later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes recommendations for legislative, regulatory, or administrative actions—
to improve the efficiency and effectiveness of housing projects funded by amounts from the Department of the Housing and Urban Development and the Department of Agriculture; and
that do not materially, with respect to residents of housing projects described in paragraph (1)—
reduce the safety of those residents;
shift long-term costs onto those residents; or
undermine the environmental standards of those residents.
Subject to subsection (b), the Secretary of Housing and Urban Development shall conduct a study on the implementation of work requirements implemented prior to the date of enactment of this Act by public housing agencies described in paragraph (4) participating in the Moving to Work demonstration authorized under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note).
The study required under paragraph (1) shall—
consider the short-, medium-, and long-term benefits and challenges of work requirements on public housing agencies described in paragraph (4) and on program participants who are subject to such requirements, including the effects work requirements have on homelessness rates, poverty rates, asset building, earnings growth, job attainment and retention, and public housing agencies’ administrative capacity; and
include quantitative and qualitative evidence, including interviews with program participants described in subparagraph (A) and their respective resident councils.
Not later than 180 days after the date of enactment of this Act, the Secretary shall report the initial findings of the study required under paragraph (1) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.
The public housing agencies described in this paragraph are public housing agencies that, as part of an application to participate in the program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), submit a proposal identifying work requirements as an innovative proposal.
The requirement under subsection (a) shall apply if the Secretary of Housing and Urban Development determines that—
there are a sufficient number of public housing agencies described in subsection (a)(4) such that the Secretary of Housing and Urban Development can rigorously evaluate the impact of the implementation of work requirements described in that subsection; and
the study would not negatively impact low-income families receiving assistance through a public housing agency described in subsection (a)(4).
This division may be cited as the Department of State Authorization Act for Fiscal Year 2026.
The table of content for this division is as follows:
In this division:
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.
The term Department means the Department of State.
The term Secretary means the Secretary of State.
Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the execution of requirements under section 6116 of the Department of State Authorization Act of Fiscal Year 2023 (22 U.S.C. 4030) that includes—
a description of all steps taken to date to carry out that section;
a detailed explanation of the suitability or fitness reviews, background investigations, and post-employment vetting, as applicable, of relevant Foreign Service Institute instructors who provide language instructions; and
a description of planned additional steps required to execute such section.
The Department shall require the approval of the Secretary for eliminations of long-term training assignments.
The Secretary may provide special monetary incentives to acquire or retain proficiency in foreign languages to civil service employees who serve in domestic positions requiring critical language skills that are located in the fifty United States, the District of Columbia, and non-foreign areas (United States territories and possessions, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands). The amounts of such incentives should be similar to the language incentive pay provided to members of the Foreign Service pursuant to section 704(b)(3) of the Foreign Service Act of 1980 ( 22 U.S.C. 4024(b)(3)).
The Secretary shall assess options for integrating 360-degree reviews in personnel files for promotion panel consideration.
The assessment required by subsection (a) shall include—
one or more options to integrate 360-degree reviews, references, or evaluations by superiors, peers, and subordinates, including consideration of automated reference requests; and
other modifications or systems the Secretary considers relevant.
The assessment required by subsection (a) shall describe, with respect to each evaluation system included in the report—
any legal constraints or considerations;
the timeline required for implementation;
any starting and recurring costs in comparison to current processes;
the likely or potential implications for promotion decisions and trends; and
the impact on meeting the personnel needs of the Foreign Service.
The Secretary shall establish and publish a Department policy on job share and part-time employment opportunities. The policy shall include a template for job-sharing arrangements, a database of job share and part-time employment opportunities, and a point of contact in the Bureau of Global Talent Management.
The Secretary shall incorporate training on workplace flexibility, including the availability of job share and part-time employment opportunities, into employee onboarding.
The Secretary shall submit to the appropriate congressional committees a report on workplace flexibility at the Department, including data on the number of employees utilizing job share or part-time employment arrangements.
The policy described in subsection (a) shall not apply to officers and employees of the Bureau of Intelligence and Research.
It is the sense of Congress that—
foreign language skills are essential to effective diplomacy, particularly in high-priority positions, such as Chinese- and Russian-language designated positions focused on the People's Republic of China and Russia;
reutilization of acquired language skills creates efficiencies through the reduction of language training overall and increases regional expertise;
often, investments in language skills are not sufficiently utilized and maintained throughout the careers of members of the Foreign Service following an initial assignment after language training;
providing incentives or requirements to select out-year bidders for priority language-designated assignments would decrease training costs overall and encourage more expertise in relevant priority areas; and
incentives for members of the Foreign Service to not only acquire and retain, but reuse, foreign language skills in priority assignments would reduce training costs in terms of both time and money and increase regional expertise to improve abilities in those areas deemed high priority by the Secretary.
Section 704(b)(3) of the Foreign Service Act of 1980 (22 U.S.C. 4024(b)(3)) is amended by inserting and reutilize after to acquire or retain proficiency in.
Not later than 30 days after the date of the enactment of this Act, and at least every 90 days thereafter for at least the next 3 years, the Secretary shall offer to the appropriate committees of Congress a joint briefing facilitated by the Bureau of Intelligence and Research and including other bureaus, as appropriate, on—
any topic requested by one or more of the appropriate congressional committees;
any topic of current importance to the national security of the United States; and
any other topic the Secretary considers necessary.
The briefings required under subsection (a) shall be held at a secure facility that is suitable for review of information that is classified at the level of Top Secret/SCI.
In this section, the term appropriate committees of Congress means—
the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate;
and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
It is the sense of Congress that—
congressional travel is essential to fostering international relations, understanding global issues first-hand, and jointly advancing United States interests abroad; and
only in close coordination and thanks to the dedication of personnel at United States embassies, consulates, and other missions abroad can the success of these vital trips be possible.
Consistent with applicable laws and the Secretary of State's security responsibilities, the Secretary shall reaffirm to all diplomatic posts the importance of congressional travel and shall direct all such posts to support congressional travel by members and staff of the appropriate congressional committees to the extent feasible considering capacity and security considerations, when authorized by applicable congressional travel procedures to include the congressional authorization letter and congressional travel legislation and policies. The Secretary shall reaffirm the Department’s policies to support such travel by members and staff of the appropriate congressional committees, by making such support available on any day of the week, including Federal and local holidays when required to complete congressional responsibilities and, to the extent practical, requiring the direct involvement of mid-level or senior officers.
The requirement under subsection (b) does not apply in the case of a simultaneous visit from the President, the First Lady or First Gentleman, the Vice President, the Secretary of State, or the Secretary of Defense.
The Secretary shall require all designated control officers to have been trained on supporting congressional travel at posts abroad prior to the assigned congressional visit.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees listing every instance of an authorized or ordered departure during the 5-year period preceding the date of the enactment of this Act.
The Secretary shall include in the report required under paragraph (1)—
the name of the post and the date of the approval of the authorized or ordered departure;
the basis for the authorized or ordered departure; and
the number of chief of mission personnel that departed, categorized by agency, as well as their eligible family members, if available.
Any instance of an authorized or ordered departure shall be notified to appropriate committees not later than 3 days after the Secretary authorized an authorized or ordered departure. The details in the notification shall include—
the information described in subsection (a)(2);
the mode of travel for chief of mission personnel who departed;
the estimated cost of the authorized or ordered departure, including travel and per diem costs; and
the destination of all departed personnel and changes to their work activities due to the departure.
This requirements under this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
The Chief Information Officer and the Chief Data and Artificial Intelligence Officer of the Department of State should report directly to the Deputy Secretary of State for Management and Resources or, in the event such position is vacant, to the Deputy Secretary of State.
Adjudication of unresolved budget and management decisions should be made by the Deputy Secretary of State for Management and Resources in consultation, as appropriate, with the Deputy Secretary of State.
There is authorized to be established at the Department a Regional China Officer (RCO) program to support regional posts and officers with reporting, information, and policy tools, and to enhance expertise related to strategic competition with the People's Republic of China. RCOs shall, to the greatest extent possible, have appropriate fluency.
There is authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2026 through 2029 to the Department of State to expand the RCO program, including for—
the hiring of locally employed staff to support Regional China Officers serving abroad; and
the establishment of full-time equivalent positions to assist in managing and facilitating the RCO program.
There is authorized to be appropriated $50,000 for each of fiscal years 2026 through 2029 for each Regional China Officer to support programs and public diplomacy activities of the Regional China Officer.
The Secretary of State shall submit to appropriate committees of Congress a report on the diplomatic presence of the People’s Republic of China worldwide, including—
the number of diplomatic posts currently maintained by People’s Republic of China in each country; and
the estimated number of diplomatic personnel stationed abroad.
In this section:
The term appropriate committees of Congress means—
the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
The term consular or diplomatic post does not include a post to which only personnel of agencies other than the Department of State are assigned.
Except as provided in subsection (b), not later than 30 days before the date on which the Secretary of State carries out a reduction in United States Foreign Service personnel of at least 10 percent at a covered diplomatic post, the Secretary shall submit to the appropriate Congressional committees a notification of the intent to carry out such a reduction, which shall include a certification by the Secretary that such reduction will not negatively impact the ability of the United States to compete with the People’s Republic of China or the Russian Federation.
Subsection (a) shall not apply in the case of a security risk to personnel at a covered diplomatic post.
In this section, the term covered diplomatic post means a United States diplomatic post in a country in which the People’s Republic of China or the Russian Federation also have a diplomatic post.
Section 5318(c)(1) of the Department of State Authorization Act of 2021 (22 U.S.C. 2658a) is amended by striking 5 years and inserting 8 years.
There is authorized to be appropriated $3,000,000 to the Secretary for fiscal year 2026 to carry out the Bureau Chief Data Officer Program.
The Secretary is authorized to establish a program, which shall be known as the Post Data Program (referred to in this section as the Program), overseen by the Department’s Chief Data and Artificial Intelligence Officer.
The goals of the Program shall include the following:
Cultivating a data and artificial intelligence culture at diplomatic posts globally, including data fluency and data collaboration.
Promoting data integration with Department of State Headquarters.
Creating operational efficiencies, supporting innovation, and enhancing mission impact.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress an implementation plan that outlines strategies for—
advancing the goals described in subsection (a)(2);
hiring data and artificial intelligence officers at United States diplomatic posts; and
allocation of necessary resources to sustain the Program.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary shall submit a report to the appropriate committees of Congress regarding the status of the implementation plan required under paragraph (1).
In this section, the term appropriate committees of Congress means—
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
Not later than 180 days after the date of the enactment of this Act, the Department of State shall issue internal guidelines that authorize and track the use of enclaves deployed in overseas commercial cloud regions for OCONUS systems categorized at the Federal Information Security Modernization Act (FISMA) high baseline.
The enclave deployments shall be consistent with existing Federal cybersecurity regulations as well as best practices established across National Institute of Standards and Technology standards and ISO 27000 security controls.
Not later than 90 days after the enactment of the Act, and before issuing the new internal guidelines required under subsection (a), the Secretary shall brief the appropriate committees of Congress on the proposed new guidelines, including—
relevant risk assessments; and
any security challenges regarding implementation.
In this section, the term appropriate committees of Congress means—
the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate;
and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
In this section:
The term appropriate committees of Congress means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
The term technology includes—
artificial intelligence and machine learning systems;
cybersecurity modernization tools or platforms;
cloud computing services and infrastructure;
enterprise data platforms and analytics tools;
customer experience platforms for public-facing services; and
internal workflow automation or modernization systems.
The term technology transformation project means any new or significantly modified technology deployed by the Department with the purpose of improving diplomatic, consular, administrative, or security operations.
The term technology transformation project does not include a routine software update or version upgrade, a security patch or maintenance of an existing system, a minor configuration change, a business-as-usual information technology operation, a support activity, or a project that costs less than $1,000,000.
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary shall submit to the appropriate committees of Congress a report on all technology transformation projects completed during the preceding two fiscal years.
Each report required by paragraph (1) shall include the following elements:
For each project, the following:
A summary of the objective, scope, and operational context of the project.
An identification of the primary technologies and vendors used, including artificial intelligence models, cloud providers, cybersecurity platforms, and major software components.
A report on baseline and post-implementation performance and adoption metrics for the project, including (if applicable) with respect to—
operational efficiency, such as reductions in processing time, staff hours, or error rates;
user impact, such as improvements in end-user satisfaction scores and reliability;
security posture, such as enhancements in threat detection, incident response time;
cost performance, including budgeted costs versus actual costs and projected cost savings or cost avoidance;
interoperability and integration, including level of integration achieved with existing systems of the Department of State;
artificial intelligence (if applicable); and
adoption, including, if applicable—
an estimate of the percentage of eligible end-users actively using the system within the first 3, 6, and 12 months of deployment;
the proportion of staff trained to use the system;
the frequency and duration of use, disaggregated by bureau or geographic region if relevant;
summarized user feedback, including pain points and satisfaction ratings; and
a description of the status of deprecation or reduction in use of legacy systems, if applicable.
A description of key challenges encountered during implementation and any mitigation strategies employed.
A summary of contracting or acquisition strategies used, including information on how the vendor or development team supported change management and adoption, including user testing, stakeholder engagement, and phased rollout.
For any project where adoption metrics fell below 50 percent of estimated usage within 6 months of launch:
A remediation plan with specific steps to improve adoption, including retraining, user experience improvements, or outreach.
An assessment of whether rollout should be paused or modified.
Any plans for iterative development based on feedback from employees.
Not later than 60 days after submitting a report required by paragraph (1) to the appropriate committees of Congress, the Secretary of State shall publish an unclassified summary of the report on the publicly accessible website of the Department of State, consistent with national security interests.
Not later than 18 months after the date of the enactment of this Act, and biennially thereafter, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report—
evaluating—
the extent to which the Department has implemented and reported on technology transformation projects in accordance with the requirements under this section;
the effectiveness and reliability of the Department’s performance and adoption metrics for such projects;
whether such projects have met intended goals related to operational efficiency, security, cost-effectiveness, user adoption, and modernization of legacy systems; and
the adequacy of oversight mechanisms in place to ensure the responsible deployment of artificial intelligence and other emerging technologies; and
including any recommendations to improve the Department’s management, implementation, or evaluation of technology transformation efforts.
It is the sense of Congress that—
there is a national security need for the legitimate and responsible procurement and application of cyber intrusion capabilities, including efforts related to counterterrorism, counternarcotics, and countertrafficking;
the growing commercial market for sophisticated cyber intrusion capabilities has enhanced state and non-state actors’ abilities to target and track for nefarious purposes individuals, such as journalists, human rights defenders, members of civil society groups, members of ethnic or religious minority groups, and others for exercising their human rights and fundamental freedoms, or the family members of these targeted individuals;
the proliferation of commercial spyware presents significant and growing risks to United States national security, including to the safety and security of United States Government personnel; and
ease of access into and lack of transparency in the commercial spyware market raises the probability of spreading potentially destructive or disruptive cyber capabilities to a wider range of malicious actors.
It is the policy of the United States—
to oppose the misuse of commercial spyware to target individuals, including journalists, defenders of internationally recognized human rights, and members of civil society groups, members of ethnic or religious minority groups, and others for exercising their internationally recognized human rights and fundamental freedoms, or the family members of these targeted individuals;
to coordinate with allies and partners to prevent the export of commercial spyware tools to end-users likely to use them for malicious activities;
to maintain robust information-sharing with trusted allies and partners on commercial spyware proliferation and misuse, including to better identify and track these tools; and
to work with private industry to identify and counter the abuse and misuse of commercial spyware technology; and
to work with allies and partners to establish robust guardrails to ensure that the use of commercial spyware tools are consistent with respect for internationally recognized human rights, and the rule of law.
Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with relevant Federal science agencies and the intelligence community, shall conduct a security review of the United States-China Science and Technology Cooperation Agreement (STA). The review shall include the following elements:
An assessment of the potential risks of maintaining the STA, including the transfer under such agreement of technology or intellectual property capable of harming the national security interests of the United States.
An assessment of the Secretary of State’s ability to monitor compliance of the People’s Republic of China’s commitments established under the STA.
An evaluation of the benefits of the STA agreement to the economy, military, and industrial base of the People’s Republic of China and the United States.
An evaluation of the value of the information and data the United States Government receives under the STA related to the People’s Republic of China that the United States otherwise would not have access to should it withdraw its participation in the STA.
Not later than 30 days after completion of the review of the STA required in subsection (a), the Secretary shall submit to the appropriate committees of Congress a report detailing the findings of the review. The report shall be submitted in unclassified form, but may include a classified annex.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall certify to the appropriate committees of Congress whether it is in the national security interest of the United States to maintain its participation in the STA through its current duration.
If Secretary certifies that it is no longer in the national security interest of the United States to maintain its participation in the STA, the Secretary shall, not later than 90 days after submitting the certification, and in coordination with the heads of relevant Federal agencies, promulgate guidance on United States Federal agency interactions with counterpart agencies in the People’s Republic of China.
In this section:
The term appropriate committees of Congress means—
the Committee on Foreign Relations, the Committee on Commerce, Science of Technology, and the Committee on Judiciary of the Senate; and
the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Judiciary of the House of Representatives.
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).
The term STA means the Agreement between the Government of the United States of America and the Government of the People’s Republic of China on Cooperation in Science and Technology, signed at Washington January 31, 1979, its protocols, and any implementing agreements entered into pursuant to such Agreement on or before the date of the enactment of this Act.
Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with other relevant agencies, shall submit to the appropriate committees of Congress a comprehensive strategy to combat foreign information manipulation and interference, which shall be carried out by the Department.
The strategy required under subsection (a) shall include the following elements:
Conducting analysis of foreign state and non-state actors’ foreign malign influence narratives, tactics, and techniques, including those originating from United States nation-state adversaries, including the Russian Federation, the People’s Republic of China, North Korea, and Iran.
Working together with allies and partners to expose and counter foreign malign influence narratives, tactics, and techniques, including those originating in the Russian Federation, the People’s Republic of China, North Korea, and Iran.
Supporting non-state actors abroad, including independent media and civil society groups, which are working to expose and counter foreign malign influence narratives, tactics, and techniques, including those originating in the Russian Federation, the People’s Republic of China, North Korea, or Iran.
Coordinating efforts to expose and counter foreign information manipulation and interference across Federal departments and agencies.
Protecting the First Amendment rights of United States citizens.
Creating guardrails to ensure the Department of State does not provide grants to organizations engaging in partisan political activity in the United States.
The strategy required under subsection (a) shall be led and implemented by the Under Secretary for Public Diplomacy and Public Affairs in coordination with relevant bureaus and offices at the Department of State.
Not later than 30 days after the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that includes—
actions the Department has taken to preserve the institutional capability to counter foreign nation-state influence operations from the People's Republic of China, Iran, and the Russian Federation since the termination of the Counter Foreign Information Manipulation and Interference (R/FIMI) hub;
a list of active and cancelled Countering PRC Influence Fund (CPIF) and Countering Russian Influence Fund (CRIF) projects since January 21, 2025;
actions the Department has taken to improve Department grantmaking processes related to countering foreign influence operations from nation-state adversaries; and
an assessment of recent foreign adversarial information operations and narratives related to United States foreign policy since January 21, 2025, from the People’s Republic of China, Iran, and the Russian Federation.
In this section, the term appropriate committees of Congress means—
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
Section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b) is hereby repealed.
It is the sense of Congress that—
Pacific island countries, especially, but not limited to, the Freely Associated States, include close United States partners located across highly strategic waters critical for United States national security; and
it is in the national security interests of the United States to maintain and strengthen relations with the governments and the citizens of Pacific island countries.
Not later than 120 days after the date of the enactment of this Act, the Secretary, in coordination with the Commandant of the United States Coast Guard, the Commander of United States Indo-Pacific Command, and the Chief of Naval Operations, shall submit to the appropriate committees of Congress a report analyzing the feasibility of attaching Department of State consular officers to Coast Guard and Navy missions in the Pacific Island countries.
The report required under paragraph (1) shall include—
an assessment of the current demand for consular services from citizens of Pacific Island countries and challenges that these citizens face in obtaining services;
an assessment of the approximate value, including in time and resources saved, such an initiative could save citizens of Pacific Island countries that do not host United States embassies to have their United States visas adjudicated or to receive other services;
an assessment of the cost for the Department of State, United States Coast Guard, United States Indo-Pacific Command, and United States Navy, including potential alternative cost-effective options and recommendations for providing consular services to Pacific Island countries;
an assessment of the frequency and duration of United States Coast Guard and United States Navy deployments to Pacific Island countries, including—
deployment frequency measured against desired number of visits;
amount of time typically spent in port for such visits; and
disruption to planned United States Coast Guard and United States Navy missions in order to visit locations needing consular assistance; and
an evaluation of the logistical issues to be addressed including, including—
analysis of spacing requirements to host Department of State personnel and equipment aboard United States Coast Guard and United States Navy vessels;
analysis of the information technology and connectivity requirements to conduct consular affairs activities;
the feasibility of printing visas aboard United States Coast Guard and United States Navy vessels;
maintaining physical security of consular officers and relevant adjudication equipment, including computer systems and visa foils, during such missions;
impacts to United States Coast Guard and United States Navy vessels’ operations and security; and
the estimated amount of time that consular officers would spend on board United States Coast Guard and United States Navy vessels between visits to Pacific Island countries.
In this subsection, the term appropriate committees of Congress means—
the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Judiciary of the Senate; and
the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Judiciary of the House of Representatives.
Congress makes the following findings:
The United States has a national security interest in a stable Syria free from the malign influence of Russia and Iran, and which cannot be used by terrorist organizations to launch attacks against the United States or United States allies or partners in the region.
Permissive security conditions are necessary for the reopening of any diplomatic mission.
Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the relevant Federal agencies, shall submit to the appropriate committees of Congress a report describing the Syrian government’s progress towards meeting the security related benchmarks described in paragraph (2).
The report required under paragraph (1) shall include the following elements:
An assessment of the Syrian government’s progress on counterterrorism especially as it relates to United States designated terrorist organizations that threaten to attack the United States or our allies and partners.
An assessment of the security environment of the potential sites for a future building of the United States Embassy in Damascus and the conditions necessary for resuming embassy operations in Damascus.
An analysis of the Syrian government’s progress in identifying and destroying any remnants of the Assad regime’s chemical weapons program, including any stockpiles, production facilities, or related sites.
An assessment of the Syrian government’s destruction of the Assad regime’s captagon and other illicit drug stockpiles, to include infrastructure.
An assessment of the Syrian government’s relationship with the Russian Federation and the Islamic Republic of Iran, to include access, basing, overflight, economic relationships, and impacts on United States national security objectives.
A description of the Syrian government’s cooperation with the United States to locate and repatriate United States citizens.
In this section, the term appropriate committees of Congress means—
the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate;
and the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes the impacts of the Bureau of Diplomatic Security’s initiative known as Return to Standards on the security needs of United States embassies, consulates, and other diplomatic installations outside the United States.
The report required under subsection (a) shall describe the impacts of the Return to Standards initiative and other reductions in staffing and resources from the beginning of the initiative to the date of enactment of this Act for all embassies, consulates, and other overseas diplomatic installations, including detailed descriptions and explanations of all reductions of personnel or other resources, including their effects on—
securing facilities and perimeters;
transporting United States personnel into the foreign country; and
executing any other relevant operations for which they are responsible.
In this section, the term appropriate committees of Congress means—
the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate;
and the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
Not later than 90 days after the date of the enactment of the Act, the Secretary shall submit to the appropriate committees of Congress a report on visa backlogs.
The report required under subsection (a) shall address—
the status of visa backlogs and wait times, including internal and external recommendations to streamline and improve consular processes, as required by the joint exploratory statement for the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of Public Law 118–47), including the rationale and justification for the implementation of each such recommendation;
the impact of reductions in force on improvement of the overall efficiency of consular operations, processing time, and customer experience for applicants;
the extent to which non-consular Department personnel have been used to improve the overall efficiency of consular operations, processing time, and customer experience for applicants during periods of high demand;
the viability of temporarily assigning non-consular Department personnel during periods of high demand; and
in consultation with any other appropriate Department, an evaluation of the impact of the visa backlogs on the United States tourism industry and recommendations for how to remediate those impacts.
In this subsection, the term appropriate committees of Congress means—
the Committee on Foreign Relations and the Committee on Judiciary of the Senate; and
the Committee on Foreign Affairs and the Committee on Judiciary of the House of Representatives.
Section 6232(g) of the Department of State Authorization Act of 2023 (division F of Public Law 118–31; 5 U.S.C. 5547 note) is amended by striking 2025 and inserting 2027.
Not later than 30 days after receiving a report or other written product provided to the Department by federally funded research and development centers (FFRDCs) and consultant groups that were supported by funds congressionally appropriated to the Department, the Secretary shall provide the appropriate committees the report or written product, including the original proposal for the report, the amount provided by the Department to the FFRDC, and a detailed description of the value the Department derived from the report.
Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter for the next 3 years, the Secretary shall submit a report to the appropriate congressional committees that describes—
a list of every overseas United States diplomatic post where diplomatic pouch access is restricted or limited by the host government;
an explanation as to why, in each instance where an overseas United States diplomatic post is restricted or limited by the host government, the host government has failed to do so; and
a detailed explanation outlining the steps the Department is taking to gain diplomatic pouch access in each instance where such access has been restricted or limited by the host government.
Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the feasibility and effect of establishing an export licensing fee system for the commercial export of defense items and services to partially or fully finance the licensing costs of the Department, if permitted by statute. The report should consider whether and to what degree such an export license application fee system would be preferable to relying solely on the existing registration fee system and the feasibility of a tiered system of fees, considering such options as volume per applicant over time and discounted fees for small businesses.
Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is amended—
by striking January 1, 2016 each place it appears and inserting September 11, 2001; and
in subsection (e)(1), in the matter preceding subparagraph (A), by striking of a and inserting of an.
in subsection (h), by adding at the end the following new paragraph:
Payments under subsections (a) and (b) in a fiscal year may only be made using amounts appropriated in advance specifically for payments under such paragraph in such fiscal year.
Payments under subsections (a) and (b) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis.
The total amount of funding obligated for payments under subsections (a) and (b) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability.
The Secretary should consider establishing an Inner Mongolian team within the United States Embassy in Beijing, China, to follow political, economic, and social developments in the Inner Mongolia Autonomous Region and other areas designated by the People’s Republic of China as autonomous for Mongolians, with due consideration given to hiring Southern Mongolians as Locally Employed Staff.
Responsibilities of a team devoted to Inner Mongolia should include reporting on internationally recognized human rights issues, monitoring developments in critical minerals mining, environmental degradation, and PRC space capabilities, and access to areas designated as autonomous for Mongolians by United States Government officials, journalists, nongovernmental organizations, and the Southern Mongolian diaspora.
The Secretary should ensure that the Department of State has sufficient proficiency in Mongolian language in order to carry out paragraph (1), and that the United States Embassy in Beijing, China, has sufficient resources to hire Local Employed Staff proficient in the Mongolian language, as appropriate.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the staffing described in subsection (a).
It is the sense of Congress that—
Australia is one of the closest allies of the United States and integral to United States national security interests in the Indo-Pacific;
the United States-Australia alliance has seen tremendous growth, including through AUKUS, as part of which, the United States plans to rotate up to four Virginia-class attack submarines out of the Australian port of Perth by 2027; and
current United States staffing and facilities across United States Mission Australia do not appear adequately resourced to support an expanding mission set and are no longer commensurate with strategic developments, as the United States will need to station many more United States civilian and military personnel in western Australia to support the maintenance and supply of these vessels.
Not later than 90 days after the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report regarding staffing and facility requirements at United States Mission Australia.
The report required under paragraph (1) shall include—
an assessment of how many United States civilian and military personnel and their dependents the Department of State expects in the Perth area and across Australia in the next two years;
an assessment of what requirements those United States personnel will have, including housing, schooling, and office space;
a description of how many United States personnel are currently working in the United States Consulate in Perth and their roles;
information regarding the Department of State’s actions to transfer United States personnel from elsewhere within Mission Australia to increase staffing in Perth and the tradeoffs of such personnel moves;
a status update on the interagency process begun in 2024 to assess the needs of Mission Australia;
an assessment of the impact of the Department of State reorganization and workforce reduction on the staffing contemplated by that process; and
an estimated total cost of expanding Perth staffing to sufficiently serve the increased presence of United States personnel in the area and to achieve any other United States foreign policy objectives.
In this section, the term appropriate committees of Congress means—
the Committee on Foreign Relations of the Senate;
the Committee on Armed Services of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Armed Services of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
The Secretary, in coordination with the heads of other relevant Federal departments and agencies, should establish and develop a voluntary program to facilitate and encourage regular dialogues between interested United States Government regulatory and technical agencies and their counterpart organizations in allied and partner countries, both bilaterally and in relevant multilateral institutions and organizations—
to promote best practices in regulatory formation and implementation;
to collaborate to achieve optimal regulatory outcomes based on scientific, technical, and other relevant principles;
to seek better harmonization and alignment of regulations and regulatory practices; and
to build consensus around industry and technical standards in emerging sectors that will drive future global economic growth and commerce.
In facilitating expert exchanges under subsection (a), the Secretary should prioritize—
bilateral coordination and collaboration with countries where greater regulatory coherence, harmonization of standards, or communication and dialogue between technical agencies is achievable and best advances the economic and national security interests of the United States;
multilateral coordination and collaboration where greater regulatory coherence, harmonization of standards, or dialogue on other relevant regulatory matters is achievable and best advances the economic and national security interests of the United States, including with the members of—
the European Union;
the Asia-Pacific Economic Cooperation;
the Association of Southeast Asian Nations (ASEAN);
the Organization for Economic Cooperation and Development (OECD);
the Pacific Alliance; and
multilateral development banks; and
regulatory practices and standards-setting bodies focused on key economic sectors and emerging technologies.
With regard to the program described in subsection (a), the Secretary may facilitate the participation of relevant organizations and individuals with relevant expertise, as appropriate and to the extent that such participation advances the goals of such program.
The authorities provided by this section are intended solely to provide United States embassy and related Department support for dialogues which may occur outside the United States, on a strictly voluntary basis and as agreed to by the relevant United States Federal department or agency with their foreign counterparts, and are not intended to obligate in any way the participation of any other Federal department or agency in such dialogues.
The Secretary, in coordination with relevant Federal departments and agencies as determined by the Secretary, is authorized to establish a pilot program—
to identify and evaluate barriers to commerce in developing countries that are allies and partners of the United States; and
to provide assistance to promote economic development and commerce to those countries.
Under the pilot program established under subsection (a), the Secretary shall, in partnership with the countries selected under subsection (c)(1)—
seek to identify possible barriers in those countries that limit international commerce with the goal of setting priorities for the efficient use of United States economic assistance;
focus relevant United States economic assistance on building self-sustaining institutional capacity for expanding commerce with those countries, consistent with their international obligations and commitments; and
further the national interests of the United States by—
expanding prosperity through the elimination of foreign barriers to commercial exchange;
assisting such countries to identify and reduce commercial restrictions, including through the deployment of targeted foreign assistance, as appropriate, to increase international commerce and investment;
assisting each selected country in undertaking reforms that will promote economic growth, and promote conditions favorable for business and commercial development and job growth in the country; and
assisting, as appropriate, private sector entities in those countries to engage in reform efforts and enhance productive global supply chain partnerships with the United States and allies and partners of the United States.
The Secretary shall select countries for participation in the pilot program established under subsection (a) from among developing countries—
that are allies and partners of the United States;
the governments of which have clearly demonstrated a willingness to make appropriate legal, policy, and regulatory reforms that may stimulate economic growth and job creation, consistent with international trade rules and practices; and
that meet such additional criteria as may be established by the Secretary, in consultation with, as appropriate, the heads of other Federal departments and agencies as determined by the Secretary.
In establishing additional criteria under paragraph (1)(C), the Secretary shall—
identify and address structural weaknesses, systemic flaws, or other impediments within countries that may be considered for participation in the pilot program under subsection (a) that impact the effectiveness of United States assistance to and make recommendations for addressing those weaknesses, flaws, and impediments;
set priorities for commercial development assistance that focus resources on countries where the provision of such assistance can deliver the best value in identifying and eliminating commercial barriers; and
developing appropriate performance measures and establishing annual targets to monitor and assess progress toward achieving those targets, including measures to be used to terminate the provision of assistance determined to be ineffective.
Not later than 270 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary should select countries for participation in the pilot program.
The Secretary should select for participation in the pilot program under subsection (a) not fewer than 3 countries during the 1-year period beginning on the date of the enactment of this Act.
In selecting countries under paragraph (1) for participation in the pilot program under subsection (a), the Secretary shall prioritize—
countries recommended by chiefs of mission—
that will be able to substantially benefit from expanded commercial development assistance; and
the governments of which have demonstrated the political will to effectively and sustainably implement such assistance; or
groups of countries, including groups of geographically contiguous countries, including as recommended by chiefs of mission, that meet the criteria under subparagraph (A) and as a result of expanded United States commercial development assistance, will contribute to greater intra-regional commerce or regional economic integration.
The Secretary shall lead in engaging relevant officials of each country selected under subsection (c)(1) to participate in the pilot program under subsection (a) with respect to the development of a plan of action to identify and evaluate barriers to economic and commercial development that then informs United States assistance.
The development of a plan of action under paragraph (1) shall include a comprehensive analysis of relevant legal, policy, and regulatory constraints to economic and job growth in that country.
A plan of action developed under paragraph (1) for a country shall include the following:
Priorities for reform.
Clearly defined policy responses, including regulatory and legal reforms, as necessary, to achieve improvement in the business and commercial environment in the country.
Identification of the anticipated costs to establish and implement the plan.
Identification of appropriate sequencing and phasing of implementation of the plan to create cumulative benefits, as appropriate.
Identification of best practices and standards.
Considerations with respect to how to make the policy reform investments under the plan long-lasting.
Appropriate consultation with affected stakeholders in that country and in the United States.
The pilot program established under subsection (a) shall terminate on the date that is 8 years after the date of the enactment of this Act.
The Secretary, in consultation with the Secretary of Commerce and the heads of other relevant Federal departments and agencies, as determined by the Secretary, shall develop, implement, and submit to the appropriate congressional committees a diplomatic strategy to support efforts to increase supply chain resiliency and security by promoting and strengthening efforts to incentivize the relocation of supply chains from the People’s Republic of China.
The strategy required under subsection (a) shall—
be informed by consultations with the governments of allies and partners of the United States;
provide a description of how supply chain diversification can be pursued in a complementary fashion to strengthen the national interests of the United States;
include an assessment of—
the status and effectiveness of current efforts by governments, multilateral development banks, and the private sector to attract investment by private entities who are seeking to diversify from reliance on the People's Republic of China;
major challenges hindering those efforts; and
how the United States can strengthen the effectiveness of those efforts;
identify United States allies and partners with comparative advantages for sourcing and manufacturing critical goods and countries with the greatest opportunities and alignment with United States values;
identify how activities by the International Trade Administration and other relevant Federal agencies, as determined by the Secretary, can effectively be leveraged to strengthen and promote supply chain diversification, including nearshoring to Latin America and the Caribbean as appropriate;
advance diplomatic initiatives to secure specific national commitments by governments in Latin America and the Caribbean to undertake efforts to create favorable conditions for nearshoring in the region, including commitments—
to develop formalized national strategies to attract investment from the United States ;
to address corruption and rule of law concerns;
to modernize digital and physical infrastructure of these nations;
to improve ease of doing business; and
to finance and incentivize nearshoring initiatives that transfer supply chains from the People's Republic of China to the nations of the Americas;
advance, in coordination with the National Institute of Standards and Technology, diplomatic initiatives towards mutually beneficial dialogues on standards and regulations; and
in coordination with the International Trade Administration, develop and implement assistance programs to finance, incentivize, or otherwise promote supply chain diversification in accordance with the assessments and identifications made pursuant to paragraphs (3), (4), and (5), including, at minimum, programs—
to help develop physical and digital infrastructure;
to promote transparency in procurement processes;
to provide technical assistance in implementing national nearshoring strategies;
to help mobilize private investment; and
to pursue commitments by private sector entities to relocate supply chains from the People's Republic of China.
In implementing the strategy required under subsection (a), the Secretary of State and the heads of other relevant Federal departments and agencies, as determined by the Secretary, should, as appropriate, cooperate with the World Bank Group and the regional development banks through the Secretary of the Treasury.
In this subsection, the term appropriate committees of Congress means—
the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the of the House of Representatives.
Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended in section 1630(c) by striking 5-year period and inserting 10-year period.
The authorities provided under section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111–212; 124 Stat. 2332) shall remain in effect through September 30, 2031.
Section 9601(b) of the Department of State Authorizations Act of 2022 (division I of Public Law 117–263; 136 6 Stat. 3909) is amended by striking fiscal years 2023 and 2024 and inserting fiscal years 2023, 2024, 2025, 2026, 2027, and 2028.
Section 6 of the International Bridge Act of 1972 (33 U.S.C. 535d) is amended—
in subsection (a)—
in paragraph (1)—
in the matter preceding subparagraph (A), by striking December 31, 2024, and inserting December 31, 2035,; and
by striking subparagraphs (A), (B), and (C), and inserting the following:
An international bridge between the United States and Mexico.
An international bridge between the United States and Canada.
A port of entry on the international land border between the United States and Mexico.
A port of entry on the international land border between the United States and Canada.
in paragraph (2)(A)(ii), by inserting or land port of entry after international bridge;
in subsection (b), by inserting or land port of entry after international bridge;
in subsection (c)(2), by inserting or land port of entry after international bridge; and
in subsection (f), by inserting or land port of entry after international bridge each place it appears.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)) is amended by striking April 30 and inserting October 31.