National Defense Authorization Act for Fiscal Year 2024
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
This title authorizes appropriations for the acquisition or modification of various military items (such as aircraft, ships, tracked combat vehicles, missiles, and ammunition) and sets policy for certain procurement programs of the Department of Defense (DOD).
Subtitle A--Authorization of Appropriations
(Sec. 101) This section authorizes appropriations for FY2024 for procurement for the Army, the Navy, the Marine Corps, the Air Force, the Space Force, and DOD-wide activities.
Subtitle B--Army Programs
(Sec. 111) This section limits the Army from obligating more than 75% of FY2024 funds authorized for the Trackless Moving Target program-Infantry variant until the Department of the Army conducts an assessment of the program and reports to Congress.
(Sec. 112) This section requires the Department of the Army to submit a strategy for its tactical wheeled vehicle program with DOD’s budget justification materials for FY2025, FY2030, and FY2035.
(Sec. 113) The Department of the Army must conduct a review of the proposed re-competition of contracts for operational task orders of geographic combatant commanders under the LOGCAP V contract.
Subtitle C--Navy Programs
(Sec. 121) This section eliminates a requirement for the Navy to maintain a 10th carrier air wing under certain conditions.
(Sec. 122) This section extends the restriction on the Department of the Navy expending funds to procure legacy waterborne security barriers for Navy ports.
(Sec. 123) This section authorizes the Department of the Navy to enter into multiyear procurement contracts for 13 Virginia class attack submarines. The Department of the Navy may enter into certain advanced procurement contracts for equipment and subsystems associated with the Virginia class submarines.
(Sec. 124) This section authorizes the Department of the Navy to procure up to six Auxiliary Personnel Lighter class vessels and associated material.
(Sec. 125) DOD shall upgrade not fewer than 24 V-22 aircraft under the V-22 nacelle improvement program.
(Sec. 126) This section allows solicitation for government-operated dry docks in the Department of the Navy’s award of a contract for private sector non-nuclear surface ship maintenance in San Diego, California, only if there is insufficient capacity at privately operated dry docks.
(Sec. 127) This section requires the Department of the Navy to periodically report to Congress on the use of government docks for ship repair and maintenance.
Subtitle D--Air Force Programs
(Sec. 131) The Department of the Air Force may not retire more than 68 F-15E aircraft or reduce their associated personnel and weapons system activities through FY2029.
(Sec. 132) This section prohibits through FY2028 the Department of the Air Force from retiring RQ-4 Global Hawk unmanned aerial vehicles or reducing the fleet below 10 aircraft.
(Sec. 133) This section provides for a temporary exception to statutory minimum numbers of Air Force fighter aircraft during FY2024.
(Sec. 134) This section extends through FY2024 (1) a requirement for the Department of the Air Force to maintain a minimum of 271 C-130 aircraft, and (2) a prohibition on reducing the total number of C-130 aircraft assigned to the National Guard.
(Sec. 135) This section extends through 2033 a requirement for the Office of the Assistant Secretary of the Air Force for Acquisition, Technology and Logistics to report to Congress annually on the acquisition of the T-7A Advanced Pilot Training System and requires the report to include a schedule risk assessment.
(Sec. 136) This section extends a prohibition on reducing the number of B-1 bomber aircraft through FY2026. The Department of the Air Force may retire a certain B-1 bomber as an exception due to damage sustained by that individual aircraft.
(Sec. 137) The minimum required number of A-10 aircraft that the Department of the Air Force must maintain in its inventory is reduced from 153 to 135.
(Sec. 138) The Department of the Air Force must procure up to six over-the-horizon radar systems that meet the requirements of U.S. Northern Command.
(Sec. 139) This section prohibits the use of FY2024 funds to retire any KC-135 aircraft.
(Sec. 140) This section prohibits the use of FY2024 funds to reduce the number of KC-135 aircraft in the reserve components.
(Sec. 141) The Department of the Air Force may not issue an acquisition strategy for the KC-135 recapitalization program until it submits to Congress an updated tanker roadmap timeline to include procurement of the Next Generation Air Refueling System and a business case analysis for the program.
(Sec. 142) This section prohibits the use of FY2024 funds to retire E-3 Airborne Warning and Control System (AWACS) aircraft to a fleet size below 16 until the Department of the Air Force (1) submits a plan to Congress for maintaining mission readiness with a reduced fleet, or (2) procures sufficient numbers of E-7 Wedgetail aircraft to accomplish the required mission load.
(Sec. 143) This section prohibits the use of FY2024 funds to terminate production lines for HH-60W Combat Rescue Helicopters.
(Sec. 144) The Department of the Air Force may not retire any F-16C/D aircraft until 180 days after submitting a report to Congress on long-term fighter force structure.
(Sec. 145) This section limits the Department of the Air Force from procuring more than six KC-47A aircraft under its current contract unless certain conditions are met.
(Sec. 146) The Department of the Air Force may not incorporate version 2.0 of the KC-47A aircraft remote vision system until it identifies a solution to all major deficiencies with the system.
(Sec. 147) This section limits the Department of the Air Force from retiring T-1A training aircraft until the department certifies the implementation of the Undergraduate Pilot Training 2.5 curriculum.
(Sec. 148) The Department of the Air Force shall develop a long-term tactical fighter force structure, recapitalization, training, and sustainment plan for the active and reserve components of the Air Force.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
(Sec. 151) DOD must report to Congress each fiscal year regarding any major weapon systems proposed to be divested, re-prioritized, or retired.
(Sec. 152) This section authorizes DOD to enter into multiyear contracts for the procurement of critical minerals that are processed in the United States by domestic sources.
(Sec. 153) DOD may not include in a solicitation for a tactical tracked vehicle or a tactical wheeled vehicle a requirement to use proprietary armor.
(Sec. 154) Beginning FY2027, DOD may not procure batteries produced by specified Chinese-owned entities.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
This title authorizes appropriations for research, development, test, and evaluation (RDT&E) and sets policy for certain RDT&E activities, such as microelectronics and artificial intelligence.
Subtitle A--Authorization of Appropriations
(Sec. 201) This section authorizes FY2024 appropriations for DOD RDT&E.
Subtitle B--Program Requirements, Restrictions, and Limitations
(Sec. 211) DOD must submit an annual report to Congress on unfunded priorities for the Office of the Under Secretary of Defense for Research and Engineering (OUSD(R&E)).
(Sec. 212) This section authorizes the delegation of authority for waiving the informed consent requirement for research involving a human being as an experimental subject to advance development of medical products necessary to the Armed Forces to the OUSD(R&E).
(Sec. 213) This section expands certain DOD incentives to attract experts in science and engineering by allowing the Defense Advanced Research Projects Agency (DARPA) to hire more managers and administrative personnel without regard to Title 5 restrictions and to offer appointees under the program travel, transportation, and relocation benefits upon separation.
(Sec. 214) This section expands the definition of a partnership intermediary for purposes of supporting cooperative or joint activities of DOD Centers for Science, Technology, and Engineering activities with industry or academic institutions to include entities that (1) facilitate technology transfer from industry or academic institutions to centers; or (2) assist and facilitate workforce development in critical technology areas to fulfill unmet needs of a center.
(Sec. 215) This section establishes a Naval Air Warfare Rapid Capabilities Office in the Department of the Navy to contribute to the rapid experimentation, development, testing, and fielding of new naval aviation weapons and airborne electronic warfare capabilities.
(Sec. 216) This section expands the activities which DOD shall support for the development of a network of bioindustrial manufacturing facilities to include research on pharmaceutical biologics and associated precursor materials.
(Sec. 217) This section removes the Navy as the resource sponsor of the Advanced Sensors Application Program and establishes the Air Force Concepts, Development and Management Office as resource sponsor.
(Sec. 218) DOD must update its hypersonics testing strategy not less than every two years through 2030 and shall conduct a study to evaluate at least two potential hypersonic test ranges in the United States.
(Sec. 219) DOD may (1) carry out a program of fellowships in quantum information science and technology research and development, and (2) partner with universities as part of DOD’s quantum information science and technology research and development program.
(Sec. 220) DOD must seek to establish public-private talent exchange programs with private sector entities working on quantum information sciences and technology research applications.
(Sec. 221) The OUSD(R&E) may contract with eligible entities to assist institutions of higher education in protecting sensitive research performed on behalf of DOD.
(Sec. 222) This section authorizes DOD to provide funds to sustain U.S. participation in the NATO Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative.
(Sec. 223) DOD shall establish a consortium to facilitate the use of additive manufacturing in developing capabilities for DOD.
(Sec. 224) The Departments of the Air Force and the Navy must submit to Congress and the Government Accountability Office (GAO) certain program accountability matrices related to the Next Generation Air Dominance family of systems.
(Sec. 225) This section designates all Block 4 and Technical Refresh-3 elements of the F-35 aircraft acquisition program to be a single major subprogram. Additionally, two F-35A aircraft, two F-35B aircraft, and two F-35C aircraft are to be manufactured to support future F-35 developmental testing activities.
(Sec. 226) The Departments of the Air Force and the Navy must establish requirements for the propulsion, power and cooling, thermal management, and electrical power systems of F-35 aircraft to support the F-35’s planned service life and upgrades.
(Sec. 227) DOD shall assess the feasibility and advisability of establishing a new University Affiliated Research Center (UARC) or expanding an existing UARC for critical materials and submit a recommendation and implementation plan to Congress.
(Sec. 228) DOD must develop and implement policies to adapt Link 16 system management and certification to align with agile development practices. Link 16 is a communication protocol used for military tactical data by the U.S. and NATO.
(Sec. 229) DOD or a military department may use rapid acquisition and funding authorities for up to one year to (1) leverage an emergent technological advancement of value to address a military service need, or (2) provide a rapid response to an emerging threat identified by a military service.
(Sec. 230) The Office of the Assistant Secretary of the Air Force for Acquisition, Technology and Logistics shall carry out a pilot program to (1) identify prototypes under development that have the potential to be developed into commercial products, and (2) provide support to qualified entities on projects to commercialize such prototypes.
(Sec. 231) DOD may carry out a pilot program to test and evaluate how quantum and quantum-hybrid applications may be used to solve near-term challenges and provide capabilities. DOD must periodically report to Congress on the program.
(Sec. 232) The Department of the Army shall carry out a pilot program to facilitate a contract between the Ground Vehicle Systems Center of the Army and a nonprofit research institute in order to improve the center’s ability to access advanced technology developed by a small business.
(Sec. 233) The Office of the Secretary of the Army may not spend more than 70% of funds authorized for travel of persons until it submits to Congress an analysis of alternatives for the Future Attack Reconnaissance Aircraft program.
Subtitle C--Energetics and Other Munitions Matters
(Sec. 241) DOD shall establish a Joint Energetics Transition Office. (Energetic materials are chemicals used as propellants and explosives in munitions.) The office shall develop and periodically update an energetic materials strategic plan and investment strategy for both legacy and new energetic materials.
(Sec. 242) This section requires DOD to ensure that lethality is considered in any analysis of alternatives conducted prior to issuing a capability development document for procuring new munitions or modifying existing munitions.
(Sec. 243) This section requires DOD to carry out a pilot program incorporating the CL20 compound as the energetic material for the main fill in the warheads or propellants of three weapon systems under development. The purpose of the pilot program is to determine cost, schedule, and lethality performance parameters for such systems.
(Sec. 244) DOD may not procure chemical materials for munitions from China, Russia, Iran, or North Korea.
(Sec. 245) The Office of the Under Secretary for Defense for Acquisition and Sustainment, in coordination with the military departments, may establish a reserve of long-lead items and components to accelerate the delivery of munitions and may enter into certain advance procurement contracts.
Subtitle D--Plans, Reports, and Other Matters
(Sec. 251) This section requires DOD to brief Congress after making modifications to department directives relating to autonomy in weapons systems.
(Sec. 252) The DOD Office of Inspector General must conduct a study and report to Congress on the amount of federal funds awarded by DOD that (1) directly or indirectly went to certain Chinese entities, or (2) was used for research or experiments that could have resulted in the enhancement of any pathogen of pandemic potential.
(Sec. 253) DOD shall, at least annually, report to Congress on the status of an implementation plan (required in current law) for DOD to promote and maintain digital expertise and software development as core competencies of its workforce.
TITLE III--OPERATION AND MAINTENANCE
This title authorizes appropriations for operation and maintenance (O&M) and sets policy for certain O&M programs, such as environmental restoration programs and the treatment of perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Subtitle A--Authorization of Appropriations
(Sec. 301) This section authorizes appropriations for FY2024 for DOD O&M.
Subtitle B--Energy and Environment
(Sec. 311) This section modifies the Sentinel Landscapes Partnership, a program in which government agencies work with private entities and landowners to advance sustainable land management practices around military installations and ranges, including to allow additional federal agencies to participate as full partners.
(Sec. 312) This section expands the scope of DOD’s environmental restoration program to include all National Guard facilities, regardless of ownership or whether the facility is under the jurisdiction of DOD or a military department.
(Sec. 313) This section modifies DOD authority for installation commanders to obtain technical assistance for environmental restoration activities, including to allow such assistance to be sought at the request of communities or individuals. It also authorizes installation commanders to obtain certain services, such as interpreting site-related documents and health information, as part of such technical assistance.
(Sec. 314) This section authorizes DOD or the military departments to coordinate with other federal departments, the Army National Guard, or the Air National Guard when entering into agreements or undertaking projects to address the use or development of real property in the vicinity of, or ecologically related to, a military installation.
(Sec. 315) This section grants the Under Secretary of Defense for Acquisition and Sustainment authority, not to be delegated, to waive fuel efficiency as a key performance parameter for certain systems.
(Sec. 316) This section adds hydrogen creation, storage, and power generation technologies using natural gas or renewable energy to eligible prototype and demonstration projects for energy resilience at certain military installations.
(Sec. 317) The Department of the Navy shall transfer certain funds to the Hazardous Substance Superfund and to California for a penalty assessed by the Environmental Protection Agency regarding Naval Air Station Moffett Field, California.
(Sec. 318) This section prohibits DOD from requiring nontraditional defense contractors to disclose greenhouse gas emissions unless necessary to verify a voluntary disclosure. DOD may not require other defense contractors to disclose greenhouse gas emissions for one year.
(Sec. 319) DOD and the military services may not deploy nontactical electric, hydrogen-powered, or advanced biofuel-powered vehicles to a military installation until sufficient support infrastructure is in place.
(Sec. 320) This section prohibits DOD from providing funds made available for any operational energy program to any entity owned or with ties to Russia or the Chinese Communist Party.
(Sec. 321) DOD must submit periodic reports to Congress through 2029 on the schedule and cost estimates of testing and remediation efforts for perfluoroalkyl and polyfluoroalkyl substances (PFAS) at military installations.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances
(Sec. 331) This section establishes 2029 as the end of the requirement in current law for DOD to submit periodic reports to Congress on the activities of the PFAS task force.
(Sec. 332) DOD must submit a budget justification document, concurrent with the annual budget submission, consolidating all information related to PFAS activities.
(Sec. 333) This section authorizes a transfer of funds from DOD to the Department of Health and Human Services to pay for a study on the health implications of PFAS in the drinking water.
(Sec. 334) This section authorizes DOD to award cash prizes and other types of prizes to recognize outstanding achievements in developing technology to thermally destroy PFAS materials.
(Sec. 335) This section authorizes DOD to treat materials contaminated with PFAS through any remediation or disposal technology approved by the Environmental Protection Agency (EPA) until the EPA publishes a final rule on destruction and disposal of such materials.
(Sec. 336) This section requires the Government Accountability Office (GAO) to report on DOD's efforts to test and remediate PFAS contamination on current or former military installations.
Subtitle D--Logistics and Sustainment
(Sec. 341) The military departments may use O&M funds for the Innovative Readiness Training program to assist in demolition, clearing of roads, infrastructure improvements, and military construction to restore an area after a natural disaster.
(Sec. 342) This section repeals a requirement for GAO to review DOD’s biennial report to Congress on core logistics capabilities.
(Sec. 343) This section expands the membership and modifies the meeting requirements of DOD’s contested logistics working group.
(Sec. 344) The Department of the Navy must add a risk analysis to its required briefing to Congress before the start of any project under its Shipyard Infrastructure Optimization Program. The department must also provide a briefing to Congress on the status of the overall program.
(Sec. 345) This section excludes proceeds from any foreign military sale in calculating workload carryover (work ordered from maintenance depots that cannot be completed by the end of the fiscal year) for Army depots and arsenals.
(Sec. 346) This section requires DOD to establish a pilot program to use advanced digital technologies and artificial intelligence to optimize aerial refueling logistics and fuel management in the context of contested logistics environments.
(Sec. 347) This section prohibits expansion of leased facilities for the Joint Military Information Support Operations Web Operations Center until DOD submits a validated manpower study for such center to Congress.
(Sec. 348) The Department of the Navy must submit with its FY2025 budget request materials a 30-year shipbuilding plan that meets the statutory requirement to maintain 31 amphibious warships. No more than 50% of Navy O&M may be spent in FY2024 until the department submits the shipbuilding plan.
(Sec. 349) The Department of the Army must develop and implement a plan to improve required inspection procedures for prepositioned Army stockpiles and provide briefings to Congress on the plan and stockpiles.
(Sec. 350) The Department of the Navy must (1) develop and implement a strategy to leverage commercial best practices used in shipyards to improve efficiency, and (2) demonstrate a digital platform that uses artificial intelligence to analyze data on the maintenance and condition of shipboard assets at shipyards.
(Sec. 351) DOD must conduct an assessment of the air and missile defense capabilities at certain military installations in the Middle East with respect to defense against potential attacks from Iran and the Islamic Revolutionary Guard Corps and develop a strategy to expedite the hardening of those installations. DOD must report the results to Congress.
(Sec. 352) The Department of the Navy must provide semiannual briefings to Congress through FY2026 on the operational status of the amphibious warship fleet.
Subtitle E--Other Matters
(Sec. 361) This section requires DOD’s Military Aviation and Installation Assurance Siting Clearinghouse to ensure that, when the clearinghouse determines that a project will have an adverse impact on military operations and readiness, the state where the project is located has at least 30 days after notification to provide comments and gather information.
(Sec. 362) This section modifies the authority of DOD’s Military Aviation and Installation Assurance Siting Clearinghouse to include (1) reviewing applications for antenna structure projects, and (2) reviewing applications for energy projects and antenna structure projects within two miles of an active intercontinental ballistic missile (ICBM) launch facility or control center.
(Sec. 363) This section modifies the responsibilities of DOD’s Joint Safety Council to ensure that each military department has in place (1) an implementation plan for safety management systems for vehicles, and (2) a resolution plan that identifies specific corrective and preventative actions to address the causes of mishaps.
(Sec. 364) DOD must designate an official to coordinate DOD-wide efforts and represent DOD in the renegotiation of land leases in Hawaii expiring between 2029 and 2031.
(Sec. 365) This section extends the designation of the Department of the Navy as executive agent for the Naval Small Craft Instruction and Technical Training School through FY2024.
(Sec. 366) This section provides statutory authority for the Army’s Caisson Platoon, assigned to the 3rd Infantry Regiment, which supports military and state funerals. The Department of the Army may not disband this unit.
(Sec. 367) DOD must establish policies and procedures to identify end-of-life equipment that contains strategic and critical materials and recover those materials from such equipment for reuse.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
(Sec. 401) This section authorizes the maximum number of active duty personnel as of September 30, 2024, for each of the armed forces as follows:
(Sec. 402) This section increases from 2% to 3% the amount DOD may vary the maximum number of certain active duty and full-time National Guard duty personnel who are paid from reserve personnel appropriations and authorizes the military departments to vary strengths of such personnel by 2% for their respective forces. This section also increases from 1% to 2% the amount the military departments may vary the maximum number of Selected Reserve personnel in their respective reserve components.
Subtitle B--Reserve Forces
(Sec. 411) This section authorizes the maximum number of Selected Reserve personnel as of September 30, 2024, for each of the reserve components:
(Sec. 412) This section authorizes the maximum number of reserves to serve on full-time active duty or full-time National Guard duty as of September 30, 2024, for the purposes of organizing, administering, instructing, or training the reserve components:
(Sec. 413) This section specifies the minimum number of dual status military technicians as of September 30, 2024:
(Sec. 414) This section authorizes the maximum number of reserves who may be serving at any time on full-time operational support duty:
Subtitle C--Authorization of Appropriations
(Sec. 421) This section authorizes FY2024 appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Policy
(Sec. 501) This section eliminates a statute, specifying the maximum number of general and flag officers on active duty, that has been superseded. This section also increases the maximum number of general and flag officers on active duty by five.
The section also repeals a provision that excluded general or flag officers serving as lead special trial counsel from counting towards the end strength maximum.
(Sec. 502) This section requires the incumbent Attending Physician of the U.S. Capitol (a Navy medical officer) to be continued on active duty until six years after this bill’s enactment.
(Sec. 503) This section authorizes military departments to add certain active duty officers (including warrant officers) who have been selected for promotion but then transfer to a reserve component to the appropriate reserve component promotion list.
(Sec. 504) This section allows DOD to vary the duration of appointments for seven senior military officers (the Chairman and Vice Chairman of the Joint Chiefs of Staff and each of the Service Chiefs) by up to six months in the interests of national defense or to ensure appropriate staggering of terms.
(Sec. 505) This section increases the number of Navy officers who may be temporarily promoted to lieutenant commander for positions with a critical shortage of skilled personnel.
(Sec. 506) This section authorizes the military departments to increase the number of medical and dental officers recommended for promotion to major or lieutenant commander if needed to maintain or improve medical readiness.
(Sec. 507) This section specifies that officers subject to a special selection review board (i.e., a board to review officers recommended for promotion to a grade at or below major general or rear admiral and for whom there is credible adverse information not furnished to the promotion board) shall not have their names forwarded for appointment or nomination.
(Sec. 508) This section changes the procedural action that begins the separation process for certain officers who have failed to be selected for promotion for the second time.
(Sec. 509) This section allows DOD to reduce the initial service obligation (normally six to eight years) for cyberspace officers. This section also requires an eight-year service obligation for those who are direct accessions to the Marine Corps cyber operations officer specialty.
(Sec. 509A) This section specifies that Marine Corps Marine Gunner warrant officers in paygrade W-5 must be retired within 60 days of completing 33 years of active service.
(Sec. 509B) This section establishes a legislative liaison for the Space Force.
(Sec. 509C) This section extends to December 31, 2024, the authority of the Department of the Air Force to recommend for promotion to major general in the Space Force up to 95% of the number of brigadier generals eligible for consideration by the promotion board.
(Sec. 509D) This section requires DOD to submit a briefing to Congress regarding the number of Space Force general officers on active duty, including an evaluation of whether the current number of such officers is sufficient to meet Space Force, joint duty, and combatant command requirements.
Subtitle B--Reserve Component Management
(Sec. 511) This section eliminates the requirement that the Air National Guard and Air Force Reserve members of the Air Force Reserve Forces Policy Committee, as well as the Chairman of the Committee, not be serving on active duty.
(Sec. 512) This section specifies that the Vice Chief of the National Guard Bureau shall hold the grade of general. (This position currently carries the grade of lieutenant general, as set by executive branch determination.)
(Sec. 513) This section allows the military departments to submit certain information to Congress, related to reserve activations in support of preplanned missions supporting the combatant commands, via a separate notice when the President’s budget is delivered later than April 1st in the year prior to activation. (Current law requires that this information to be submitted with the President’s budget.)
(Sec. 514) This section provides the military departments with an alternative promotion authority for military officers on the reserve active-status list, similar to the existing alternative promotion authority for military officers on the active-status list. Aspects of this alternative promotion authority include (1) no time-in-grade requirements for promotion consideration, and (2) up to five considerations within a promotion zone before an officer is subject to involuntary separation or selective continuation.
(Sec. 515) This section provides statutory authority for DOD to use National Guard personnel to detect and monitor wildfires by analyzing remote sensing information (e.g., satellite imagery) and to support emergency response to such wildfires. This program is called the FireGuard program.
(Sec. 516) This section requires DOD to ensure that at least one Marine Corps Reserve general officer is a joint qualified officer.
Subtitle C--General Service Authorities and Prohibitions
(Sec. 521) This section makes permanent the authority of the military departments to order military retirees to active duty if they agree to serve in certain high-demand or critical positions.
(Sec. 522) This section bars DOD from requiring or prohibiting members of the armed forces or DOD civilian employees from indicating their gender or personal pronouns on official correspondence.
(Sec. 523) This section generally prohibits those who have retired or separated from the armed forces from accepting employment or providing representation, advice, or services related to national security to certain governments (specifically, China, Russia, Iran, North Korea, Cuba, Syria, and any other country that DOD determines acts as a proxy or passthrough for services for them) or entities or individuals controlled or subsidized by those governments. DOD may temporarily waive this prohibition for an individual to advance U.S. national security interests.
(Sec. 524) This section specifies that the military departments and DHS (with respect to the Coast Guard) must (1) provide financial services counseling for members of the armed forces only through individuals who agree to submit annual financial disclosures, and (2) review such financial disclosures and prevent any individual with a conflict of interest from providing financial services counseling.
(Sec. 525) This section specifies that employment and compensation by foreign governments for uniformed services retirees and certain other individuals may only be approved after a determination that such activity is not contrary to U.S. national interests. This section also specifies that a military department may only delegate the authority to make this determination to an Assistant Secretary or someone performing the duties of an Assistant Secretary.
(Sec. 526) This section requires the military departments and DHS (with respect to the Coast Guard) to consider requests for reinstatement made by individuals who (1) during a specified period of time, submitted a request for religious, administrative, or medical exemption from receiving a COVID-19 vaccine; (2) were involuntarily separated from the armed forces solely on the basis of failure to receive such vaccine; and (3) apply for reinstatement within two years of separation.
(Sec. 527) This section requires the discharge review boards of the military departments and DHS (with respect to the Coast Guard) to grant requests to review the characterization of the discharge or dismissal of a former member of the armed forces if the discharge or dismissal was solely based on the failure of such former member to obey a lawful order to receive a COVID-19 vaccine.
(Sec. 528) This section requires DOD to communicate to individuals discharged or dismissed from one of the armed forces on the sole basis of failure to obey a lawful order to receive a COVID-19 vaccine the current process by which such individuals may be reinstated in such armed force.
(Sec. 529) This section requires DOD to prescribe regulations authorizing the military departments to permit certain military personnel eligible for disability retirement to continue serving in the armed forces.
(Sec. 529A) This section expands the circumstances under which DOD may provide physical security and personal protection to certain individuals, allowing it when there is a serious and credible threat (rather than an imminent and credible threat). This section also removes a two-year post-separation limit for providing security to former or retired officials facing such threats and authorizes DOD to reimburse these individuals for personally procured security services and equipment.
(Sec. 529B) This section prohibits DOD from establishing new positions or filling vacant positions with responsibility for matters related to diversity, equity, and inclusion (DEI) until GAO completes a specified report on DOD’s DEI workforce.
(Sec. 529C) This section requires that military accessions and promotions within DOD must be based on individual merit and demonstrated performance.
Subtitle D--Military Justice and Other Legal Matters
(Sec. 531) This section makes various changes to the Uniform Code of Military Justice including (1) revising statutes covering domestic violence and stalking to encompass actions against dating partners, and (2) changing terms in certain statutes to be gender neutral.
(Sec. 532) This section staggers the terms of the 13 members of the Military Justice Review Panel (which conducts independent reviews and assessments of the operation of the Uniform Code of Military Justice) starting in 2030 so that approximately a quarter of its members are replaced every two years.
(Sec. 533) This section authorizes the U.S. Supreme Court to review by writ of certiorari certain cases in which the Court of Appeals for the Armed Forces (1) refused to grant a petition for review, or (2) refused to grant relief.
(Sec. 534) This section expands a required DOD initiative related to enhancing the capability of military criminal investigative organizations to prevent and combat child sexual exploitation. This section requires DOD to (1) seek to enter into partnerships with functional experts to identify, investigate, and prosecute individuals engaged in online child sexual exploitation; (2) establish mandatory training for DOD criminal investigative organizations and other appropriate personnel at military installations; and (3) annually submit to Congress a report on the progress of the initiative.
(Sec. 535) This section bars funds authorized to be appropriated under this act or otherwise made available to the Army for FY2024 to be obligated or expended to relocate an Army Criminal Investigation Division (CID) special agent training course until the Department of the Army submits a report to Congress on any such relocation plan and provides a briefing on the report’s content.
(Sec. 536) This section requires DOD to conduct a study with regards to general and special courts-martial to determine the feasibility and advisability of requiring unanimous votes for findings of guilty, not guilty, or not guilty only by reason of lack of mental responsibility.
(Sec. 537) This section requires DOD to conduct a study to determine (1) the feasibility and advisability of requiring that a Sexual Assault Victim Advocate assigned to a victim be from outside the chain of command of a victim, and (2) the potential effects of such a requirement on the implementation of military sexual assault prevention and response programs.
Subtitle E--Accession Standards and Recruitment
(Sec. 541) This section requires local educational agencies (LEAs) receiving certain federal assistance to provide military recruiters access to career fairs and other similar events. This section also amends an existing statute requiring such LEAs to provide access to certain secondary student information (names, addresses, phone numbers, and email addresses) to specify that such information must be provided within 60 days of a request by military recruiters.
(Sec. 542) This section reduces from 20% to 4% the maximum proportion of individuals with Armed Forces Qualification Test scores in the 10th through 30th percentile that may be newly enlisted or inducted to serve on active duty in each of the armed forces. DOD may authorize a proportion up to 20% but must notify Congress of such action.
(Sec. 543) This section amends an existing statute that bars certain federal funds (including contract or grant funds from the Departments of Defense, Labor, Homeland Security, Transportation, or Education) to institutions of higher education that prohibit or prevent access by military recruiters to certain student information (names, addresses, phone numbers, and email addresses) to specify that such information must be provided within 60 days of a request by military recruiters.
(Sec. 544) This section increases from $20,000 to $40,000 the maximum accession bonus for nurse officer candidates.
(Sec. 545) This section requires DOD to assess the medical standards and screening process for new members of the armed forces under its jurisdiction every four years and to revise such standards and processes on the basis of that assessment, if needed.
(Sec. 546) This section requires a military department to establish a future servicemember preparatory course for an armed force under its jurisdiction if the number of active duty non-prior service enlistees in a given fiscal year that score in the 10th through 30th percentiles on the Armed Forces Qualification Test is more than 10% of that armed forces’ total original enlistments. (A future servicemember preparatory course is a course designed to improve the physical and aptitude qualifications of military recruits.)
(Sec. 547) This section requires DOD to carry out a pilot program to provide an electrocardiogram to individuals undergoing military accession screening.
(Sec. 548) This section requires each military department to establish an Enlisted Training Corps demonstration program through FY2030 at a community or junior college to prepare selected students for enlisted military service. The military departments may provide financial assistance to individuals enrolled in the program who agree to enlist in the active component upon graduation or disenrollment from the college.
(Sec. 549) This section requires DOD to provide an annual briefing to Congress through 2028 on military recruitment practices carried out in public secondary schools and community colleges during the preceding calendar year, to include identifying the number of recruits obtained from such schools and colleges.
Subtitle F--Junior Reserve Officers’ Training Corps
(Sec. 551) This section requires DOD to establish and support between 3,400 and 4,000 Junior Reserve Officer Training Corps (JROTC) units except in specified circumstances. (There were 3,499 JROTC units in FY2023.) This section also eliminates the requirement that there be a fair and equitable distribution of JROTC units throughout the nation.
(Sec. 552) This section requires that the host institution of a JROTC unit must enter into a memorandum of understanding with the appropriate military department concerning various subjects, including requiring the host institution to notify the military department of allegations of instructor misconduct (for example, sexual misconduct).
(Sec. 553) This section aligns all JROTC instructor compensation with the JROTC Standardized Instructor Pay Scale.
(Sec. 554) This section prohibits JROTC units from being established or maintained at an institution that is owned, operated, or controlled by China or by certain Chinese individuals or entities (such as a member of the Chinese Communist Party or a designated Chinese military company).
(Sec. 555) This section authorizes DOD to suspend or place on probation JROTC units that fail to comply with statutory requirements.
(Sec. 556) This section requires DOD to annually submit a report to Congress on allegations of sexual misconduct, sexual harassment, and sex discrimination in JROTC programs during the preceding year.
Subtitle G--Member Education
(Sec. 561) This section increases from 10 to 15 the number of individuals each Senator, Representative, or Delegate may nominate to each of the military service academies (i.e., U.S. Military Academy, Naval Academy, and Air Force Academy) for each vacancy available to that Senator, Representative, or Delegate. This section also increases from 150 to 200 the number of cadets each military department may select for its academy from qualified alternates nominated by Senators, Representatives, and Delegates.
(Sec. 562) This section increases from four to five the number of cadets or midshipmen from Guam for each of the military service academies.
(Sec. 563) This section requires the U.S. Military Academy, Naval Academy, and Air Force Academy to require the submission and consideration of standardized test scores as part of the application process.
(Sec. 564) This section requires DOD to submit a legislative proposal to Congress by March 1, 2024, to update the framework for military service academy graduates to pursue employment as professional athletes prior to serving at least five years on active duty while also retaining the existing requirement that such graduates must serve at least two years on active duty prior to pursuing employment as a professional athlete.
(Sec. 565) This section requires that certain institutions of professional military education (such as the National Defense University and the Naval War College) each provide a briefing to Congress on (1) certain aspects of advanced research programs at the institution, and (2) the feasibility and advisability of establishing a permanent advanced research program at the institution.
Subtitle H--Member Training and Transition
(Sec. 571) This section expands the factors to be considered in developing individualized pre-separation counseling for members of the armed forces prior to discharge or release from active duty, specifying that potential disability and potential character of discharge (e.g., discharge under conditions other than honorable) be considered in addition to the existing factors of confirmed disability and confirmed character of discharge.
(Sec. 572) This section makes mandatory the carrying out of employment skills training (known collectively as Skillbridge) by the military departments to help prepare separating members of the armed forces for employment in the civilian sector. In carrying out the programs, this section also requires the military departments and DHS (with regards to the Coast Guard) to take certain actions, such as assigning at least two full-time equivalent positions to the programs and developing a funding plan for each fiscal year.
(Sec. 573) This section expands the Troops-to-Teachers program to include Job Corps centers as eligible schools for participant employment. (The Troops-to-Teachers program helps service members and veterans become teachers in K-12 schools.)
(Sec. 574) This section extends selection of new participants in the Troop-to-Teachers program through July 1, 2027. This section also expands eligibility for the Troops-to-Teachers program to include qualified members of the armed forces who are seeking to become JROTC administrators or instructors.
(Sec. 575) This section revises an existing statute to require (rather than permit) DOD to establish and maintain language training centers at institutions of higher education to improve expertise in certain languages and regions for members of the armed forces. This section also authorizes DOD to enter into contracts with certain private organizations to establish and maintain such centers.
(Sec. 576) This section prohibits funds authorized to be appropriated under this act from being used to endorse critical race theory in DOD academic institutions, in military training, or in professional military education. The section defines critical race theory as the theory that individuals, by virtue of race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other individuals of such race, ethnicity, color, or national origin.
(Sec. 577) This section requires the Department of the Army to implement increased minimum fitness standards as part of the Army Combat Fitness Test for all soldiers in specified occupations (such as infantryman and combat engineer).
(Sec. 578) This section requires DOD to publish online all materials created by the Defense Equal Opportunity Management Institute for the purposes of training members of the armed forces.
(Sec. 579) This section prohibits funds authorized to be appropriated under this act from being used for the DOD Countering Extremism Working Group.
Subtitle I--Family Programs, Child Care, and Dependent Education
(Sec. 581) This section authorizes the Office of Military Family Readiness Policy to allow certain mental health professionals recognized by DOD to provide non-medical counseling services (i.e., mental health services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning) under the Military and Family Life Counseling Program.
(Sec. 582) This section revises a statement of congressional policy to specify that the amount of appropriated funds for the operating expenses of military child care development centers and programs during a fiscal year shall be at least 115% of the amount of child care receipts for that fiscal year.
(Sec. 583) This section narrows eligibility for DOD assistance for LEAs with increases in military dependent students by eliminating assistance for LEAs projected to have an increase in such students (assistance is maintained for LEAs that experience such an increase). This section also eliminates a provision specifying how LEAs may spend such assistance.
(Sec. 584) This section authorizes the use of specified amounts of defense-wide operation and maintenance funds to provide assistance to LEAs in which at least 20% of students in the previous school year were dependent children of military members or which serve dependent children of military members with severe disabilities.
(Sec. 585) This section requires DOD to conduct outreach campaigns every six months to inform individuals eligible for child care services of various topics related to waiting lists for such services.
(Sec. 586) This section requires DOD to provide a biannual briefing to Congress on implementation of a pilot program for hiring special needs inclusion coordinators for DOD child development centers.
(Sec. 587) This section requires DOD to submit quarterly briefings to Congress on implementing universal pre-kindergarten programs in schools operated by the DOD Education Activity (DODEA).
(Sec. 588) This section requires DOD to submit a report to Congress on programs and policies to support mental health and wellness among students in school operated by DODEA.
(Sec. 589) This section provides certain rights to parents of children attending schools operated by DODEA, including the right to (1) review the curriculum, (2) meet with teachers of their children at least twice a year, and (3) review all instructional materials used by their students. This section also requires DODEA schools to publicly post certain information and notify parents of certain plans and events, such as any plans to eliminate gifted and talented programs.
Subtitle J--Decorations and Awards and Other Personnel Matters, Reports, and Briefings
(Sec. 591) This section requires that DOD’s Armed Forces Workplace and Gender Relations Surveys solicit information on indicators that a victim of gender-based assault (including unwanted sexual contact) was targeted or discriminated against due to a status in a group.
(Sec. 592) This section extends to September 30, 2024, the due date for a required report on the Department of the Navy’s efforts to prevent and respond to suicide, suicide attempts, and suicidal ideation among Navy personnel.
(Sec. 593) This section extends to December 31, 2028, the deadline for the military departments to review the service records of certain World War I veterans to determine if any should be awarded the Medal of Honor.
(Sec. 594) This section directs the Department of the Navy to cease all activities of its digital ambassador program and prohibits the program from being restarted until 60 days after the department provides Congress with a report containing certain information.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Basic Pay, Retired Pay, and Leave
(Sec. 601) This section provides paid parental leave for certain members of the reserve component not serving on active duty. The leave must generally occur within one year of the birth or adoption of a child of the member, or the placement of a minor child with the member for adoption or long-term foster care. Eligible members shall receive leave for up to 12 periods of inactive duty training, and receive pay and retirement credit for those periods.
(Sec. 602) This section requires the military departments to pay certain members of the reserve component receiving aviation incentive pay and not serving on active duty for such periods of inactive duty training as are needed each month to obtain or maintain an aeronautical rating or designation.
(Sec. 603) This section authorizes the Secretary of Defense to pay a member of the armed forces who is absent without leave or over leave. Such pay must be reported to Congress.
Subtitle B--Bonus and Incentive Pays
(Sec. 611) This section reduces from eight to seven the years of service required for eligible members of the uniformed services to receive continuation pay.
(Sec. 612) This section expands a requirement that the military departments provide incentive pay to members of the reserve component in the same monthly amount as that paid to members of the regular component performing comparable work to include special pay as well. This section also specifies that requirement applies when the military department is providing special or incentive pay to members of the reserve components for the purpose of (1) maintaining a skill certification or proficiency identical to that required of members of the regular component, or (2) exposure to hazards or risks identical to those of regular component members.
(Sec. 613) This section extends by one year (through December 31, 2024) a variety of compensation authorities for the uniformed services, including bonuses for enlisted and officer personnel, hazardous duty pay, special duty pay, and skill incentive pay.
(Sec. 614) This section authorizes a monthly bonus to a member of the uniformed services below the grade of E-6 upon determination by the appropriate department that prevailing economic conditions may adversely affect such member.
(Sec. 615) This section specifies that for the purposes of special duty pay, the military departments shall designate a duty station as a cold weather location if the temperature is expected to drop below -20 degrees Fahrenheit according to the 2012 Plant Hardiness Zone Map published by the Department of Agriculture.
(Sec. 616) This section requires the Department of the Air Force to submit a report to Congress on the feasibility and advisability of paying assignment incentive pay to Air Force personnel assigned to remotely piloted aircraft, including at Creech Air Force Base.
Subtitle C--Allowances
(Sec. 621) This section allows DOD, in cases of demonstrated need, to exclude a servicemember's Basic Allowance for Housing from the calculation of gross household income used to determine eligibility for the Basic Needs Allowance. (The Basic Needs Allowance is provided to servicemembers with dependents and typically having a gross household income less than or equal to 150% of federal poverty guidelines. Currently, amounts received as a Basic Allowance for Housing are typically included when calculating a servicemember's gross household income.)
(Sec. 622) This section eliminates a requirement that specifies the types of civilian housing (i.e., two-bedroom apartment and two-bedroom townhouse) that must be used to calculate Basic Allowance for Housing for junior enlisted personnel.
(Sec. 623) This section authorizes the military departments to pay a Basic Allowance for Housing to certain enlisted personnel of the uniformed services assigned to a naval vessel during a shipyard availability or maintenance period.
(Sec. 624) This section authorizes certain members of the reserve components who are ordered to active duty for training to receive two housing allowances, one for their duty location and one for the location of their primary residence, even when the member is authorized transportation of household goods to their duty location. This authority applies to reservists who (1) have no dependents, (2) are ordered to active duty for training purposes for a period of 140 to 364 days, and (3) either own or are responsible for rental payments on their primary residence.
(Sec. 625) This section lowers the minimum threshold for high cost area used to determine locations eligible for the Continental United States Cost-of-Living Allowance (CONUS COLA) from 8% above the average cost of living in the continental United States to 5%.
(Sec. 626) This section authorizes an increase in the Family Separation Allowance from the current amount of $250 per month to an amount between $250 and $400 per month. The President must review this allowance every four years, during the quadrennial review of military compensation, and recommend whether to increase the allowance.
(Sec. 627) This section limits the amount by which DOD may reduce the cost-of-living allowance for members of the armed forces assigned to duty outside the United States (known as an OCONUS COLA), with the exception of reductions based on changes in foreign currency exchange rates or a member’s permanent change of station.
(Sec. 628) This section extends through September 30, 2025, authority for the Department of the Air Force to provide an allowance to officers who transfer into the Space Force to assist with the purchase of required uniforms and equipment.
Subtitle D--Family and Survivor Benefits
(Sec. 631) This section expands authority for a transitional compensation program for dependents or former dependents of a member of the armed forces who has been separated by the military for dependent abuse. Under this provision, transitional compensation may also be paid to dependents of former dependents of a member who has been (1) convicted of a dependent-abuse offense in U.S. district court or a state court, and (2) separated from the armed forces for an offense other than dependent abuse.
(Sec. 632) This section expands the transitional compensation program to include lodging expenses for up to 30 days for eligible dependents or former dependents.
(Sec. 633) This section provides that a surviving spouse of a deceased member of the armed forces who has remarried is entitled to use commissary stores and certain retail facilities (e.g., exchange stores) to the same extent as a surviving spouse who has not remarried.
(Sec. 634) This section expands an existing authority to assist military spouses in achieving education, training, licenses, and credentials that expand their employment and portable career opportunities by requiring DOD to include obtaining certification by certain organizations as a doula or lactation consultant.
(Sec. 635) This section expands an existing authority to reimburse members of the uniformed services for certain costs of the member’s spouse due to relocation by specifying that (1) both relicensing costs and qualified business costs are eligible for reimbursement, and (2) a wider range of relocation actions (such as transfers from the regular component to the reserve component or placement on the temporary disability retirement list) qualify for this type of reimbursement.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
(Sec. 701) This section authorizes DOD to waive cost-sharing requirements for the first three outpatient mental health visit per year by certain beneficiaries of the TRICARE Prime and TRICARE Select health care programs.
(Sec. 702) This section extends TRICARE Reserve Select coverage for surviving family members from six months to three years after the death of an enrolled reserve component member.
(Sec. 703) This section expands eligibility for hearing aids under the TRICARE Prime program to include children of certain military retirees.
(Sec. 704) This section permits dependents enrolled in the TRICARE dental program and located in an area with inadequate or insufficiently available civilian dental care to receive space-available dental care at a uniformed services dental treatment facility on a reimbursable basis.
(Sec. 705) This section specifies that an existing provision of law concerning self-referral for mental health evaluations by members of the armed forces applies to (1) members on active duty for a period of more than 30 days, and (2) members of the Selected Reserve in a duty status.
(Sec. 706) This section requires DOD to (1) ensure naloxone is available for members of the armed forces, and (2) establish a tracking system for naloxone distribution and the illegal use of fentanyl and other controlled substances.
(Sec. 707) This section requires DOD to seek to expand the TRICARE Competitive Plans Demonstration Project (which allows local, regional, and national health plans to participate in the competition for managed care support functions under the TRICARE program) to not fewer than five locations.
Subtitle B--Health Care Administration
(Sec. 711) This section extends until September 30, 2024, a deadline for DOD to transfer certain medical research and public health functions to the Defense Health Agency. This section also provides an exception to the transfer requirement, allowing a function to remain within a military department if the function addresses a unique need of the military department, is in direct support of operating forces, and is necessary to execute national security related strategies.
(Sec. 712) This section increases from $30,000 to $50,000 the maximum annual stipend for participants in the military departments’ health professions scholarship and financial assistance program.
(Sec. 713) This section requires DOD, when denying a medical malpractice claim by a member of the uniformed services, to provide the claimant with a detailed explanation of the reasons for denial.
(Sec. 714) This section prohibits DOD from moving beyond the first phase of a plan concerning networks for the management of military medical treatment facilities until GAO completes a study of the plan.
(Sec. 715) This section requires DOD to enter into an agreement with DHS to allow Coast Guard access to certain TRICARE data to optimize health care services.
(Sec. 716) This section requires DOD to establish a military pharmaceutical and medical device vulnerability working group whose duties shall include identifying vulnerabilities (such as supply chain issues and cyber threats) that may disrupt DOD operations.
Subtitle C--Studies, Briefings, Reports, and Other Matters
(Sec. 721) This program expands an existing authority for DOD to establish a joint military trauma care and research program with Ukraine, specifying that such a program shall include providing training and support to Ukraine for the treatment of certain injuries (including amputations, post-traumatic stress disorder, and traumatic brain injuries).
(Sec. 722) This section requires DOD to conduct a study in military treatment facilities on the efficacy of opioid alternatives (including cryotherapy, hyperbaric oxygen therapy, and sensory deprivation) for pain management.
(Sec. 723) This section requires DOD to establish a process for funding eligible entities to conduct research on the treatment of armed forces personnel with post-traumatic stress or traumatic brain injury using designated psychedelic substances (including MDMA and psilocybin).
(Sec. 724) This section requires DOD to annually submit a report to Congress on overdoses among members of the armed forces under DOD jurisdiction.
(Sec. 725) This section requires DOD to conduct a study to assess and evaluate any health conditions arising in members of the armed forces on active duty one year after receiving the first dose of a COVID-19 vaccine.
(Sec. 726) This section requires GAO to conduct a study on the adequacy of health care services available to c