National Defense Authorization Act for Fiscal Year 2024
This bill authorizes FY2024 appropriations and sets forth policies for Department of Defense (DOD) programs and activities, military construction, the national security programs of the Department of Energy (DOE), and the Maritime Administration, as well as the Department of State and the Central Intelligence Agency (CIA). It also authorizes appropriations for the Defense Nuclear Safety Board and the Naval Petroleum Reserves, and sets policy for several other agencies, including the Department of Homeland Security (DHS). The bill authorizes appropriations, but it does not provide budget authority, which is provided by appropriations legislation.
For additional information on the National Defense Authorization Act (NDAA) see
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.
Below are some examples of provisions in this title.
Sec. 113 requires the Army to submit a strategy for FY2025 and every five years afterwards for its tactical wheeled vehicle program.
Sec. 123 authorizes the Navy to enter into multiyear procurement contracts for 10 Virginia class attack submarines.
Sec. 131 prohibits the Air Force from retiring RQ-4 Global Hawk unmanned aerial vehicles until after the end of FY2028 and limits the Air Force from reducing the fleet below 10 aircraft.
Sec. 132 limits the Air Force from retiring T-1A training aircraft until the Air Force certifies the implementation of the Undergraduate Pilot Training 2.5 curriculum.
Sec. 133 reduces the minimum number of A-10 aircraft that the Air Force must maintain.
Sec. 134 reduces the total minimum number of fighter aircraft that the Air Force must maintain.
Sec. 137 prohibits the Air Force from retiring E-3 Airborne Warning and Control System (AWACS) aircraft to a fleet size below 16 until 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. 142 requires DOD to develop and implement a department-wide datalink strategy.
For additional information see
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.
Below are some examples of provisions in this title.
Sec. 211 requires DOD to ensure that military acquisition program guidance for major defense acquisition programs and middle-tier acquisition programs integrates planning for exportability features. Exportability refers to technology protection features in defense systems developed early in acquisition life cycles to facilitate earlier foreign sales.
Sec. 212 authorizes DOD to provide funds to sustain U.S. participation in the NATO Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative.
Sec. 214 removes the Navy as the resource sponsor of the Advanced Sensors Application Program and establishes the Air Force as resource sponsor, in consultation with the Navy.
Sec. 216 requires DOD to establish a program within the National Security Agency to determine standards and requirements in procuring commercial-off-the-shelf microelectronics, field programmable gate arrays, and custom integrated circuits.
Sec. 218 requires DOD to establish a competition to award cash prizes and other types of prizes to evaluate technologies for the detection and watermarking of generative artificial intelligence (AI).
Sec. 221 requires DOD to award cash prizes and other types of prizes to support DOD business modernization goals. When carrying out the competition to award such prizes, DOD must consider various areas, such as (1) integration of artificial intelligence or machine learning capabilities; (2) data analytics or business intelligence, or related visualization capability (3) automated updating of business architecture, business systems integration, or documentation related to existing systems or manuals; (4) updates or replacements for legacy systems; and (5) systems supporting industrial base and supply chain visibility.
Sec. 229 authorizes Air Force Global Strike Command to establish a program for technology transition for the Air Force nuclear enterprise. The U.S. Air Force nuclear enterprise consists of people, processes, procedures, and systems to conduct, execute, and support nuclear weapon systems and operations.
For additional information see
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 sustainable aviation fuel and the treatment of perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Below are some examples of provisions in this title.
Sec. 312 expands the number of federal agencies that may take part in 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.
Sec. 313 modifies and adds definitions for various terms associated with DOD's pilot program on sustainable aviation fuel.
Sec. 315 requires DOD to provide technical assistance to communities and individuals potentially affected by pollutant releases at current and former DOD facilities. The section also authorizes grants for technical assistance in those communities.
Sec. 321 authorizes DOD to treat materials contaminated with PFAS if the treatment occurs through remediation or disposal technology approved by the relevant Federal regulatory agency, until the Environmental Protection Agency publishes a final rule on destruction and disposal of such materials.
Sec. 324 limits the Office of the Under Secretary of Defense for Acquisition and Sustainment from using a portion of its travel funds until the office submits to Congress a plan to restore data sharing pertaining to the testing of water for PFAS.
Sec. 328 requires the Government Accountability Office (GAO) to report on DOD's efforts to test and remediate PFAS contamination on current or former military installations.
Sec. 331 requires DOD to establish a pilot program to evaluate and assess military installations for cyber resiliency. The pilot program shall also address other issues, such as (1) how to prioritize the restoration of power, water, and telecommunications in case of an attack; and (2) recommend priorities for the order of recovery for the installation in the case of a significant cyberattack.
Sec. 332 requires the Navy to develop and implement a strategy to utilize automation and artificial intelligence in shipyards.
Sec. 352 prohibits U.S. Special Operations Command from retiring U-28 aircraft until it certifies to Congress that its intelligence, surveillance, and reconnaissance capacity and capability, in a DOD estimate of its programs in its future-years defense program (FYDP), is equal to or greater than that provided by the current fleet of U-28 aircraft.
Sec. 357 limits the Navy in spending more than 50% of its Administration and Service-wide Activities account for FY2024 until it submits to Congress a 30-year shipbuilding plan that maintains at least 31 amphibious warships.
For additional information see
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
This title authorizes appropriations for military personnel and sets active component and reserve component end-strength levels.
Below are some examples of provisions in this title.
Sec. 401 authorizes the maximum number of active duty personnel as of September 30, 2024, for each of the armed forces as follows:
o Army - 452,000,
o Navy - 342,000,
o Marine Corps - 172,300,
o Air Force - 320,000, and
o Space Force - 9,400.
Sec. 411 authorizes the maximum number of Selected Reserve personnel as of September 30, 2024, for each of the reserve components:
o Army National Guard - 325,000,
o Army Reserve - 174,800,
o Navy Reserve - 57,200,
o Marine Corps Reserve - 33,600,
o Air National Guard of the United States - 105,000,
o Air Force Reserve - 69,600, and
o Coast Guard Reserve - 7,000.
TITLE V--MILITARY PERSONNEL POLICY
This title sets policy regarding military personnel, including officer personnel policy, promotions, assignments, junior reserve officers' training corps, and recruiting.
Below are some examples of provisions in this title.
Sec. 506 makes permanent the authority of military departments to order military retirees to active duty if they agree to serve in certain high-demand or critical positions.
Sec. 513 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. 525 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. 535 prohibits DOD from requiring any member of the armed forces, military dependent, or DOD civilian employee to affirm that any sex, race, ethnicity, religion, or national origin is inherently superior or inferior. This section also requires that all DOD personnel actions (such as accessions, promotions, and assignments) be based exclusively on individual merit and demonstrated performance.
Sec. 537 prohibits the military departments from employing military or civilian personnel with a rank or grade above GS-10 to a position whose sole duties include certain diversity, equity, and inclusion duties. If any personnel in such a position are currently above the GS-10 level, they must be reassigned to another position within 180 days of this bill's passage.
Sec. 551 requires a military service to establish a future servicemember preparatory course if more than 10% of that service's active duty non-prior service enlistees in a fiscal year score in the 10th to 30th percentiles on the Armed Forces Qualification Test. (A future servicemember preparatory course focuses on improving the physical fitness and aptitude scores of participants to facilitate meeting enlistment requirements.)
Sec. 571 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.
For additional information see
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
This title sets policy regarding various aspects of military compensation, including allowances, bonus and incentive pays, and other compensation matters.
Below are some examples of provisions in this title.
Sec. 604 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. 605 allows DOD to, in cases of demonstrated need, 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 the federal poverty guidelines. Currently, amounts received as a Basic Allowance for Housing are typically included when calculating a servicemember's gross household income.)
Sec. 607 lowers the minimum threshold for high cost area used to determine locations eligible for 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. 623 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.
For additional information see
TITLE VII--HEALTH CARE PROVISIONS
This title sets policy regarding military health care, including TRICARE (the medical and dental care program for members and former members of the uniformed services and their dependents).
Below are some examples of provisions in this title.
Sec. 701 extends from six months to three years the period of eligibility for surviving family members to receive TRICARE Reserve Select health care coverage after the death of an enrolled servicemember.
Sec. 704 requires DOD to provide intensive outpatient programs to treat members of the Armed Forces suffering posttraumatic stress disorder, traumatic brain injury, and co-occurring disorders related to military sexual trauma.
Sec. 705 allows DOD to waive cost-sharing requirements for the first three outpatient mental health visits per year for active duty family members enrolled in the TRICARE Select and TRICARE Prime health care programs, and certain other dependents in the TRICARE Select program.
For additional information see
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
This title sets policy regarding acquisitions and acquisition management, including contracting authorities and small businesses.
Below are some examples of provisions in this title.
Sec. 815 requires DOD to update certain policies related to Earned Value Management (EVM), a program management tool used to assess cost, schedule, and technical progress on programs. Specifically, the policies must (1) exempt all software contracts and subcontracts from EVM requirements, (2) increase contract value threshold associated with requiring EVM from $20 million to $50 million on cost or incentive contracts, and (3) increase the contract value threshold for the contractor to use the EVM System from $50 million to $100 million.
Sec. 819 requires DOD to amend its acquisition regulations to require entities that provide management, scientific, and technical consulting services to certify that either (1) the entity and its subsidiaries do not have contracts with covered foreign entities or (2) the entity has a conflict of interest mitigation surveillance plan. The covered foreign entities include the governments (including state-owned entities) of China, Russia, or any country that has repeatedly provided support for international terrorism.
Sec. 820 prohibits DOD from requiring defense contractors to provide any information about greenhouse gas (e.g., carbon dioxide, methane, or hydrofluorocarbons) emissions. This prohibition shall be (1) permanent with respect to nontraditional defense contractors (generally an entity that has not worked on a DOD contract that is subject to full cost accounting standards coverage), and (2) for the two-year period starting from this bill's enactment date for all other types of contractors.
Sec. 844 requires DOD prime contractors to notify the contracting officer if the prime contractor pays a reduced price or is more than 30 days past due on payments to certain small business subcontractors. This section also requires DOD prime contractors to cooperate with the contracting officer to correct or mitigate any unjustified failure to make full or timely payments to such subcontractors.
For additional information see
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
This title sets policy regarding the Office of the Secretary of Defense and DOD organization and management.
Below are some examples of provisions in this title.
Sec. 901 establishes an Office of Strategic Capital within the Office of the Secretary of Defense, with duties that include (1) developing and integrating capital strategies of DOD partners, (2) identifying and prioritizing promising critical technologies and assets in need of capital assistance such as certain loans or equity investments, and (3) funding investments in such technologies and assets.
Sec. 902 reinstates the position of Chief Management Officer of the Department of Defense, to be appointed by the President from civilian life with the advice and consent of the Senate (this position was eliminated by Sec. 901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021). Responsibilities of the Chief Management Officer include (1) managing the enterprise business operations and shared services of DOD, (2) serving as principal advisor on enterprise business operations, and (3) exercising authority over those defense agencies and field agencies providing shared business services for DOD.
Sec. 903 changes the duties of the Director of Cost Assessment and Program Evaluation (CAPE), eliminating a requirement to assess the effect of DOD spending on the U.S. economy and adding a requirement to lead the standardization of analytical methodologies and establish a centralized knowledge repository of data for modeling and simulation.
This section also requires DOD to establish an analytical team, reporting only to the Secretary of Defense, which shall critically assess methodologies, assumptions and data used in certain analyses conducted by the CAPE Director.
For additional information see
TITLE X--GENERAL PROVISIONS
This title sets policy in various areas, including counterdrug activity, naval vessels, and servicemember rights to readmission at institutions of higher education.
Below are some examples of provisions in this title.
Sec. 1013 increases the maximum cost of small-scale construction projects (from $750,000 to $1,500,000) that DOD may fund to support the activities of foreign law enforcement agencies to counter transnational organized crime and drug-related activities.
Sec. 1022 requires the Navy to maintain at least 24 amphibious warfare ships operationally available for worldwide deployment. (Amphibious warfare ships include general purpose amphibious assault ships, multi-purpose amphibious assault ships, amphibious transport docks, or dock landing ships.)
Sec. 1023 bars funds authorized to be appropriated under this bill to be obligated or expended to retire, prepare for retirement, or place in storage the following naval vessels: USS Germantown (LSD 42), USS Gunston Hall (LSD 44), USS Tortuga (LSD 46) or USS Shiloh (CG 67).
Sec. 1082 bars funds authorized to be appropriated under this bill or otherwise made available from being obligated or expended for the destruction of antipersonnel mines (except in the case of unsafe mines) until DOD submits a report to Congress on DOD policy regarding the use of antipersonnel mines and projected inventory levels of such mines over the next 10 years.
Sec. 1090K eliminates a requirement that servicemembers must serve on active duty for more than 30 days to be covered under a law that mandates institutions of higher education readmit members of the armed forces who are absent due to active duty service.
TITLE XI--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND NATIONAL EMPOWERMENT
Connecting Oceania's Nations with Vanguard Exercises and National Empowerment or the CONVENE Act of 2023
This title authorizes the Department of State to engage with Micronesia, the Marshall Islands, and Palau to advise and provide assistance to each country's national security council or similar coordinating body. The assistance is intended to help these counties better coordinate with the U.S. government and armed forces and to increase cohesion on activities such as emergency response and maritime security.
TITLE XII--CIVILIAN PERSONNEL MATTERS
This title sets policy for various matters related to DOD civilian employees.
Below are some examples of provisions in this title.
Sec. 1206 expands a direct hiring authority for certain DOD laboratories, increasing the number of direct appointments to scientific and engineering positions from 6% to 11% of the total positions.
Sec. 1207 expands a DOD direct hiring authority to apply to DOD positions for which there is a critical hiring need or shortage of candidates in support of (1) aircraft operations; (2) the safety of the public, law enforcement, or first response; or (3) the DOD Office of the Inspector General relating to oversight of the conflict in Ukraine.
Sec. 1210 expands the Department of the Air Force's authority to hire civilians as instructors at the Air University to include hiring for the Space Delta 13, (the U.S. Space Force organization for developing and educating its leaders. (The Department of the Air Force includes both the Air Force and the Space Force.)
TITLE XIII--MATTERS RELATING TO FOREIGN NATIONS
This title sets policy for various matters related to DOD interactions with foreign nations, including security cooperation initiatives. It includes subtitles related to (1) security assistance and training; (2) Syria, Iraq, and Iran; (3) Europe and Russia; and (4) the Indo-Pacific region.
Below are some examples of provisions in this title.
Subtitle A--Assistance and Training
Sec. 1301 requires DOD to seek to develop a regional Middle East integrated maritime domain awareness capability that includes Israel to protect the people, infrastructure, and territory of countries in the region against Iran and nonstate actors, such as violent extremist organizations and criminal networks. DOD must report to Congress a strategy and feasibility study for achieving an integrated regional maritime domain awareness capability.
Sec. 1302 authorizes DOD to provide friendly foreign militaries with persistent advanced networked training and exercise activities, subject to restrictions in current law.
Sec. 1303 increases the amount allowed for small-scale construction projects in DOD security cooperation programs, projects specifically intended to build the capacity of partner nations' national security forces to conduct a variety of operations. The section also expands DOD security cooperation programs by authorizing such programs to build the capacity of foreign forces in (1) counterillicit trafficking operations, and (2) foreign internal defense operations.
Sec. 1304 extends the authority for DOD to continue an initiative of legal institutional capacity building with the defense ministries of foreign countries through 2028.
Sec. 1306 extends the authority for DOD to continue to provide logistical support for stabilization activities in Iraq, Syria, Afghanistan, and Somalia through 2025.
Sec. 1307 extends the authority for DOD to continue to enter into cross-servicing agreements to loan military coalition partners personnel protection and personnel survivability equipment through 2029.
Sec. 1308 limits the authority of DOD to spend more than 75% of Operations and Maintenance funds for FY2024 until DOD submits a security cooperation strategy for each combatant command as required by the National Defense Authorization Act for Fiscal Year 2022.
Sec. 1309 establishes additional requirements for the DOD Security Cooperation Workforce Development Program.
Specifically, the section requires the program to provide comprehensive personnel tracking and accounting for all DOD employees engaged in the security cooperation enterprise. Through the program, DOD must also ensure that all DOD security cooperation personnel assigned to U.S. embassies are trained to a level of proficiency equal to those trained to be defense attaches.
This section also establishes a Foreign Military Sales Center of Excellence and a Defense Security Cooperation University.
Sec. 1310 authorizes DOD to support, on a reimbursement basis, border security operations conducted by Tajikistan, Uzbekistan and Turkmenistan on their borders with Afghanistan.
Sec. 1312 requires the Air Force to train Israeli Air Force personnel to operate the KC-46 aerial refueling aircraft and to establish a military personnel exchange program with Israel for training on the KC-46 aircraft. The section also requires DOD to rotationally deploy KC-46 aircraft to Israel if the government of Israel consents to the deployment.
Subtitle B--Matters Relating to Syria, Iraq, and Iran
Sec. 1321 extends the authority for DOD to continue to provide training and equipment to vetted Syrian groups and individuals through 2024.
Sec. 1322 extends the authority for DOD to continue to operate an office of security cooperation in Iraq through FY2024 and reduces the amount of authorized funds.
Sec. 1323 extends the authority for DOD to provide assistance to Iraqi and local security forces fighting the Islamic State of Iraq and Syria through 2024. The section also authorizes assistance to counter threats from unmanned aerial systems.
Sec. 1325 renews a requirement for an executive branch official to coordinate the U.S. government response to issues related to Islamic State of Iraq and Syria (ISIS) members in the custody of Syrian Democratic Forces. The section also modifies aspects of this coordinator position, such as by expanding the scope to include issues concerning relevant displaced individuals who are not ISIS members. Specifically, the section renews the requirement to have this coordinator position through January 31, 2025. Under current law, this requirement expired on January 31, 2021.
Subtitle C--Matters Relating to Europe and the Russian Federation
Sec. 1331 extends through 2027 the authority for DOD to continue the Ukraine Security Assistance Initiative, which (among other authorizations) provides security assistance to Ukraine.
Sec. 1332 extends through 2026 the authority for DOD to continue to provide assistance for training certain eastern European national security forces in multilateral exercises, and adds Kosovo as an eligible country.
Sec. 1334 extends the authority for DOD to continue to enter into multiyear procurement contracts to replace certain weapons and munitions transferred to Ukraine through FY2025 and authorizes multiyear procurement for additional types of munitions.
Sec. 1335 requires DOD to prioritize U.S. military basing, training, and exercises among NATO allies to those countries spending at least 2% of gross domestic product on defense unless waived due to U.S. national security interests.
Subtitle D--Matters Relating to the Indo-Pacific Region
Sec. 1341 establishes an Indo-Pacific campaigning initiative, seeking to ensure the U.S. Indo-Pacific Command conducts logically linked military activities to achieve strategy-aligned objectives. The initiative's goals shall include (1) strengthening U.S. military alliances and partnerships in the region, (2) deterring military aggression by potential adversaries, and (3) shaping the perception of potential adversaries with respect to U.S. military capabilities.
Sec. 1342 requires DOD to establish a comprehensive training, advising, and institutional capacity-building program for Taiwan's military forces.
Sec. 1343 requires DOD to seek to establish an initiative with allies and partners to bolster maritime domain awareness in the Indo-Pacific region.
Sec. 1344 extends the authority for DOD to continue the Pacific Deterrence Initiative (a program to enhance the United States deterrence and defense posture in the Indo-Pacific region) through the end of FY2024.
Sec. 1346 extends the authority for DOD to continue a program to improve cyber cooperation with foreign military partners in southeast Asia through 2029. The section also adds the Philippines and Malaysia to the program.
Sec. 1347 authorizes DOD to enter into multiyear procurement contracts to replace certain munitions transferred to Taiwan and to authorize DOD to enter into agreements with Taiwan and other foreign allies to provide materiel and related services in support of Taiwan. This authority matches current law regarding Ukraine. The section also extends the authority for DOD to enter into these contracts and agreements through fiscal year 2028.
Sec. 1351 requires DOD to seek to ensure that India is appropriately considered for security cooperation benefits as a major defense partner of the United States.
Sec. 1352 requires DOD to seek to engage with Taiwan to expand military cybersecurity activities.
Sec. 1353 requires DOD to designate a senior civilian official to oversee the U.S.-Australia-United Kingdom security partnership (AUKUS).
Sec. 1361 prohibits funds authorized by this bill to be used to support any film, television, or other entertainment project if is likely to comply with a demand from China to censor the project's content.
Sec. 1362 prohibits funds authorized by this bill to be made available to the Wuhan Institute of Virology for any purpose.
Subtitle E--Securing Maritime Data From China
Securing Maritime Data from China Act of 2023
Sec. 1373 prohibits DOD from entering into or renewing contracts with entities that use LOGLINK or any logistics platform associated with the Chinese government.
Subtitle G--Other Matters
Sec. 1392 requires DOD to establish a partnership program with other countries to develop and maintain military-wide transformational strategies for operational energy.
Sec. 1393 authorizes DOD to expend funds to support foreign forces, irregular forces, or individuals engaged in supporting or facilitating irregular warfare operations by U.S. special operations forces.
Sec. 1394 assigns to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict (SO/LIC) primary oversight responsibility of DOD's clandestine activities in likely or potential operational areas to set conditions for mission execution. The section also requires DOD to establish procedures to ensure coordination, legal review, and adherence to policy for clandestine activities.
Sec. 1397 increases the amount authorized for RDT&E for cooperative programs with Israel on military directed energy capabilities, with a corresponding offset decrease in the amount authorized for the Air Force's VC-2B presidential aircraft program.
Sec. 1399A extends the prohibition for DOD to provide in-flight refueling to non-U.S. aircraft that engage in hostilities in the ongoing civil war in Yemen, for one year beginning on the date of enactment.
Sec. 1399B extends the authority for DOD to jointly carry out research, development, test, and evaluation to establish anti-tunnel capabilities with Israel through 2026.
Sec. 1399C prohibits the Secretary of Defense from delegating the authority to designate foreign partner forces as eligible for collective self-defense support by U.S. Armed Forces.
Sec. 1399E requires DOD to seek to cooperate with allies and partners in the Middle East to develop an integrated regional cybersecurity architecture and deepen military cybersecurity partnerships.
Sec. 1399F authorizes DOD to establish a foreign advance acquisition account to accelerate the production of U.S.-produced defense items in anticipation of transfer through the Foreign Military Sales or Direct Commercial Sales processes.
Sec. 1399G limits DOD in expending travel funds for the Office of the Secretary of Defense until it submits to Congress (1) plans for establishing a joint force headquarters in the U.S. Indo-Pacific Command area of responsibility, (2) a plan relating to strategic competition in the U.S. Southern Command and the U.S. Africa Command areas of responsibility, and (3) a strategy and posture review relating to operations in the information environment.
Sec. 1399J requires DOD to increase resources allocated to its security cooperation workforce to streamline and expedite the Foreign Military Sales process. The section authorizes DOD to establish the Foreign Military Sales Continuous Process Improvement Board.
Sec. 1399K requires DOD to respond to Foreign Military Sales requests for pricing and availability from foreign purchasers no later than 45 days from receipt.
Ending China's Developing Nation Status Act
Sec. 1399L requires the Department of State to (1) pursue changing China's status from developing nation to developed nation in international organizations if a mechanism exists to make such a change, or (2) propose a new mechanism to make such a change. (Generally, international organizations provide developing nations certain rights and beneficial treatment. For example, the World Trade Organization provides developing nations with so-called special and differential treatment, which includes measures that aim to increase trading opportunities for those nations.)
International Port Security Enforcement Act
Sec. 1399N prohibits the Department of Homeland Security (DHS) and the Coast Guard, in conducing foreign port security assessments in current law, to enter into agreements with a foreign government that is a state sponsor or terrorism or a foreign terrorist organization. DHS must also deem any port under the jurisdiction of a state sponsor of terrorism as not having effective antiterrorism measures and apply sanctions in current law to the port.
Subtitle H--Limitation on Withdrawal From NATO
Subtitle H prohibits the President from withdrawing from NATO by suspending, terminating, denouncing, or withdrawing the United States from the North Atlantic Treaty except (1) by and with the advice and consent of the Senate with two-thirds of the Senators present concurring, or (2) pursuant to an act of Congress.
The subtitle also limits the use of any authorized funds from this bill to support any decision by a U.S. government official to attempt to withdraw the United States from NATO.
Subtitle I--Combating Global Corruption
Combating Global Corruption Act
Subtitle I requires the State Department to evaluate and annually publish a list of countries that fail to meet certain standards to combat corruption. The subtitle also requires State Department to designate an anticorruption point of contact at each U.S. diplomatic post in each country identified as having failed to meet such standards.
Subtitle J--International Children With Disabilities Protection
International Children with Disabilities Protection Act of 2023
Subtitle J authorizes the State Department to establish a program for protecting children with disabilities internationally.
For additional information see
TITLE XIV--COOPERATIVE THREAT REDUCTION
This title allocates amounts authorized for the Cooperative Threat Reduction Program for specified purposes.
TITLE XV--OTHER AUTHORIZATIONS
This title authorizes appropriations for specified working capital and revolving funds and for other programs, including chemical agents and munitions destruction, drug interdiction and counter-drug activities, and the defense health program. It also sets policy regarding national defense stockpile requirements.
Below are some examples of provisions in this title.
Sec. 1511 requires DOD to establish policies and procedures to recycle rare earth elements and other strategic and critical materials contained in DOD equipment that has reached the end of its useful life.
Sec. 1513 authorizes the National Defense Stockpile to dispose of specified materials, including 8 short tons of beryllium, 5,000 kilograms of germanium, and 154,043 short dry tons of metallurgical grade manganese ore.
Sec. 1522 authorizes appropriations for the Armed Forces Retirement Home Trust Fund.
For additional information see
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS
This title sets policy for various matters related to space activities, nuclear forces, missile defense, and intelligence.
Below are examples of provisions in this title.
Subtitle A--Space Activities
Sec. 1601 requires DOD to establish a third lane for Phase 3 of National Security Space Launch (NSSL) acquisition while authorizing DOD's current two lanes of NSSL acquisition for FY2025 through FY2029. The third lane, for FY2027 through FY2029, requires DOD to establish an acquisition program meeting the requirements for the current Lane 2 to obtain five launches of GPS Block IIIF satellites or satellites where the launches are complex, high-energy missions.
Sec. 1602 requires the Department of the Air Force to designate a date for the initial operating capability of the Advanced Tracking and Launch Analysis System (ATLAS), and to terminate the program if it does not achieve initial operating capability by that date.
Sec. 1603 designates the Department of the Air Force as responsible for tasking of space-based ground and airborne moving target indication systems.
Sec. 1605 requires the Space Development Agency to use the middle tier of acquisition authority (typically used to rapidly develop fieldable prototypes to demonstrate new capabilities or rapidly field production quantities of systems that require minimal development) for the rapid fielding of satellites and associated systems for the first three tranches of the agency's proliferated warfighter space architecture.
Sec. 1606 authorizes the military services to provide space launch support services to civil and commercial space entities.
Sec. 1609 limits the Department of the Air Force in expending military construction funds on a headquarters for the U.S. Space Command until it submits a report to Congress justifying the selection of a permanent location for that headquarters. This section also limits the Department of the Air Force from expending a portion of its travel funds until the report has been submitted.
Subtitle B--Nuclear Forces
Sec. 1611 prohibits DOD from reducing the number of deployed intercontinental ballistic missiles (ICBMs) to below 400.
Sec. 1612 requires DOD to refurbish at least 150 silos at certain locations for use by the LGM-25A Sentinel ICBM program.
Sec. 1613 authorizes multiyear procurement contracts and advance procurement for the Sentinel ICBM program and imposes certain requirements related to such procurement.
Sec. 1618 requires DOD to establish a nuclear sea-launched cruise missile (SLCM-N) program. This section also requires the National Nuclear Security Administration to initiate the feasibility study and design option phase for the warhead that would be used with the SLCM-N.
Sec. 1619 requires the Air Force to develop a replacement for the Strategic Automated Command and Control System (SACCS) by the time the LGM-25A Sentinel ICBM reaches initial operational capability.
Sec. 1623 limits DOD in using operation and maintenance funds until it fully complies with information requests from the GAO regarding a study on DOD strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements.
Sec. 1624 requires the Office of the Director of National Intelligence (ODNI) to notify Congress within 48 hours after assessing that Iran has any amount of uranium-235 enriched to greater than 60% purity or has engaged in significant enrichment activity. For the purposes of this notification requirement, significant enrichment activity is enrichment of uranium-235 (1) to a purity percentage 5% or higher than indicated in any prior notification to Congress, or (2) in a quantity exceeding 10 kilograms.
Subtitle C--Missile Defense
Sec. 1634 authorizes the Missile Defense Agency to procure components from Israel for the Iron Dome short-range rocket system. The section also authorizes funds and coproduction with Israel for the David's Sling weapon system and the Arrow 3 upper tier interceptor program.
Sec. 1637 requires U.S. Indo-Pacific Command to develop a comprehensive strategy to acquire and establish an integrated air and missile defense architecture for the command's area of responsibility.
Sec. 1641 statutorily requires DOD to establish an electronic warfare executive committee to inform, coordinate, and evaluate matters of electronic warfare.
The section also requires DOD to establish (1) processes and procedures for electronic warfare and joint electromagnetic spectrum operations across DOD, and (2) an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations at the U.S. Strategic Command.
DOD must also report to Congress annually on various issues, including (1) DOD's electronic warfare strategy, (2) an evaluation of whether sufficient funds exist in the President's annual budget submission for electromagnet battle management and joint electromagnetic spectrum operations cells, and (3) an electromagnetic spectrum superiority implementation plan.
Sec. 1645 requires DOD to establish requirements for protecting sensor, navigation, and communications systems against jamming, spoofing, and unintended interference from military systems. DOD must also prioritize such protection efforts.
DOD must also require the military departments and combat support agencies to take actions to ensure that certain radar, signals intelligence, navigation, and communications systems are able to withstand jamming, spoofing, and unintended interference. Such actions shall include periodically testing each system and retrofitting as necessary.
Sec. 1646 limits DOD spending in support of activities involving unidentified anomalous phenomena protected under any form of restricted or special access that have not been formally described, explained, and justified to Congress.
Sec. 1647 extends through 2025 the authority of DOD to engage in commercial activities necessary to provide security for authorized intelligence collection activities abroad. The section also requires DOD to pre-coordinate with the Central Intelligence Agency when engaging in such activities.
For additional information see
TITLE XVII--CYBERSPACE-RELATED MATTERS
This title sets policy for various matters related to U.S. military cyber activities, DOD's cyber work force, and cyber acquisition. Below are examples of provisions in this title.
Subtitle A--Matters Relating to Cyber Operations and Cyber Forces
Sec. 1701 requires DOD to develop a plan to standardize enlistment lengths, tour lengths, and training standards for cyber personnel across the military services. The U.S. Cyber Command must commence a pilot program to assess the feasibility and advisability of acquiring the services of skilled personnel in critical work roles of the Cyber Mission Force.
Sec. 1702 requires DOD to establish a dedicated cyber intelligence capability to support the requirements of the U.S. Cyber Command and various other parts of DOD relating to intelligence on cyber technology development, capabilities, and plans and intentions of cyber threat actors. DOD may establish an all-source analysis center to provide this capability.
Sec. 1704 requires DOD to modernize its cyber red teams with a focus on utilizing cyber threat intelligence and threat modeling.
Sec. 1706 authorizes DOD to conduct cyber operations with Mexico to detect and monitor Mexican transnational criminal organizations engaged in illegal activities such as drug smuggling, human trafficking, or weapons trafficking.
Sec. 1707 requires DOD to establish a pilot program to collaborate with U.S. semiconductor manufacturers on improving the cybersecurity of the supply chain for semiconductor design and manufacturing.
Sec. 1708 requires DOD to seek to enter into an agreement with the National Academy of Public Administration for a study to evaluate the feasibility and desirability of establishing a Cyber Force as a separate military service.
Subtitle B--Matters Relating to Department of Defense Cybersecurity and Information Technology
Sec 1711 requires DOD to create a process for enabling public network service providers of fifth generation (5G) information and communications capabilities to provide commercial subscriber services to government and contractor personnel on DOD bases and facilities.
Sec. 1712 requires DOD to carry out a modernization program for network boundary and cross-domain defense against cyber attacks, expanding on an FY2023 pilot program.
Sec. 1715 assigns responsibility for DOD-wide cyber incident reporting and notification to the Department of Defense Information Network. DOD must also ensure that DOD components document instances in which DOD personnel are affected by a privacy data breach and notify those individuals within 72 hours of discovery of the breach.
Sec. 1717 requires DOD to establish a cross-functional team to develop and direct the implementation of a threat-driven cyber defense construct for systems and networks supporting the nuclear command, control, and communications mission.
Sec. 1719 establishes the Identity, Credential, and Access Management initiative as a DOD program of record. This would require DOD to list this program in the Future Years Defense Program (FYDP) and to abide by certain federal and DOD regulations for acquisition.
Sec. 1722 requires DOD to establish a pilot program to assess the feasibility and advisability of implementing industry open technical standards for digital content provenance for publicly-released DOD photographic and video content.
This section also requires the Defense Media Activity to establish a course at the Defense Information School to teach practical concepts and skills related to issues related to digital content provenance, including the challenges posed to DOD operations by digital content forgery.
Sec. 1723 authorizes certain postgraduation recipients of Cyber Service Academy scholarship grants to meet the obligations of their postaward employment through employment in the Intelligence Community, including in elements that are not part of DOD. To satisfy these obligations, the employment must be with an element of the Intelligence Community that has entered into an agreement with DOD concerning such postaward employment.
Sec. 1725 requires DOD to establish a chief digital and artificial intelligence officer governing council to ensure the responsible, coordinated, and ethical employment of data and artificial intelligence capabilities across DOD.
Sec. 1726 requires DOD to provide support to selected institutions of higher learning that offer programs to future military and civilian DOD leaders for operational cyber expertise. Such support shall include (1) expanding cyber educational programs focused on enhancing the transition of civilian and military DOD leaders into cyber fields within DOD, (2) hands-on cyber opportunities, and (3) direct financial assistance to civilian and military students at DOD.
Sec. 1728 requires the GAO to report on DOD efforts to protect personal information of DOD personnel from exploitation by foreign adversaries.
For additional information see
TITLE XVIII--SPACE FORCE PERSONNEL MANAGEMENT
Space Force Personnel Management Act
This title sets policy with regards to the management of Space Force military personnel.
Below are some examples of provisions in this title.
Sec. 1803 requires DOD to seek to enter into an agreement with a federal funded research and development center to conduct an independent study to assess the feasibility and advisability of moving all National Guard units performing core space functions or otherwise integral to the Space Force mission into a single-component Space Force. The study must include an analysis of several options, including creating a National Guard component of the Space Force.
Sec. 1811 specifies that all members of the Space Force shall be managed through a single personnel management system without component (i.e., there will not be separate personnel systems for a full-time regular component and a mostly part-time reserve component).
Sec. 1812 eliminates the Regular Space Force from a statute describing the composition of the Space Force, thereby eliminating a distinction between active component and reserve component personnel that is found in other military services.
Sec. 1814 specifies that each member of the Space Force will be assigned to one of three duty statuses: (1) active status, (2) inactive status, or (3) retired status. This section also addresses how the minimum service requirement for new members of the armed forces will be applied to members of the Space Force.
Sec. 1841 sets a transition period, ending on the last day of the fourth fiscal year beginning after the date of enactment of the bill, for the U.S. Space Force to transition to the new personnel management system specified in this title (i.e., the single personnel management system without component required by Sec. 1811).
Sec. 1845 requires the Department of the Air Force to disestablish the Regular Space Force once all Space Force personnel are transitioned to the Space Force without component (but no later than the end of the transition period specified in Section 1841).
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Military Construction Authorization Act for Fiscal Year 2024
TITLE XXI--ARMY MILITARY CONSTRUCTION
This title authorizes appropriations for (1) specified Army construction and land acquisition projects, and (2) new construction, improvements, and planning for Army family housing. This title also extends the authorization of certain projects from previous fiscal years.
Below are some examples of provisions in this title.
Sec. 2101 authorizes various Army military construction projects.
Sec. 2102 authorizes various Army family housing projects.
Sec. 2103 authorizes appropriations for the previously specified Army military construction and family housing projects.
Sec. 2105 extends a 2018 project authorization for an unmanned aerial vehicle hangar at Kunsan Air Base, South Korea.
TITLE XXII--NAVY MILITARY CONSTRUCTION
This title authorizes appropriations for (1) specified Navy construction and land acquisition projects, and (2) new construction, improvements, and planning for Navy family housing. This title also extends the authorization of certain projects from previous fiscal years.
Below are some examples of provisions in this title.
Sec. 2201 authorizes various Navy military construction projects.
Sec. 2202 authorizes various Navy family housing projects.
Sec. 2203 authorizes appropriations for the previously specified Navy military construction and family housing projects.
Sec. 2205 extends several 2021 project authorizations, including a wastewater treatment plant at Twentynine Palms, CA.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
This title authorizes appropriations for (1) specified Air Force construction and land acquisition projects, and (2) improvements and planning for Air Force family housing. This title also extends the authorization of certain projects from previous fiscal years.
Below are some examples of provisions in this title.
Sec. 2301 authorizes various Air Force military construction projects.
Sec. 2302 authorizes various Air Force family housing projects.
Sec. 2303 authorizes appropriations for the previously specified Air Force military construction and family housing projects.
Sec. 2304 extends several 2017 project authorizations, including a C-130J corrosion control hangar at Yokota Air Base, Japan.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
This title authorizes appropriations for (1) specified Defense Agency construction and land acquisition projects, and (2) specified energy conservation and utility system projects. This title also extends or modifies the authorization of certain projects from previous fiscal years.
Below are some examples of provisions in this title.
Sec. 2401 authorizes various DOD agency military construction projects.
Sec. 2402 authorizes various energy resilience and conservation investment program projects.
Sec.2403 authorizes appropriations for the previously specified DOD agency military construction and energy resilience and conservation investment program projects.
Sec. 2405 extends several 2019 project authorizations, including an elementary school at Camp McTureous, Japan.
TITLE XXV--INTERNATIONAL PROGRAMS
This title authorizes DOD to make specified contributions to NATO for construction and land acquisition projects, and to accept specified military construction projects from South Korea and Poland as in-kind contributions.
Below are some examples of provisions in this title.
Sec. 2501 authorizes DOD to make contributions for authorized NATO military construction projects.
Sec. 2502 authorizes appropriations for the contributions authorized in section 2501.
Sec. 2511 authorizes DOD to accept certain military construction projects in South Korea, with in-kind funding contributions from the South Korean government.
Sec. 2512 authorizes DOD to accept certain military construction projects in Poland, with in-kind funding contributions from the Polish government.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
This title authorizes appropriations for specified construction and land acquisition projects for the Army National Guard, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, and Air Force Reserve. This title also extends or modifies the authorization of certain projects from previous fiscal years.
Below are some examples of provisions in this title.
Sec. 2601 authorizes various Army National Guard military construction projects.
Sec. 2602 authorizes various Army Reserve military construction projects.
Sec. 2603 authorizes various Navy Reserve and Marine Corps Reserve military construction projects.
Sec. 2604 authorizes various Air National Guard military construction projects.
Sec. 2605 authorizes various Air Force Reserve military construction projects.
Sec. 2606 authorizes appropriations for the previously specified National Guard and Reserve military construction projects.
Sec. 2607 extends a 2018 project authorization at Hulman Regional Airport, IN.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
This title authorizes appropriations for base realignment and closure activities as authorized by the Defense Base Closure and Realignment Act of 1990.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
This title sets policy in such areas as military construction and military housing. This title also authorizes specified land conveyances.
Below are some examples of provisions in this title.
Sec. 2801 authorizes U.S. Indo-Pacific Command to carry out military construction projects not otherwise authorized by law, with a cost of any such project not to exceed $15 million, to (1) support the rotational deployment of the armed forces, (2) enhance facility preparedness and installation resilience in support of national defense activities, or (3) provide for prepositioning and storage of equipment and supplies.
Sec. 2813 authorizes the military departments to carry out pilot programs under which existing enlisted barracks in substandard condition may be replaced with new enlisted barracks not otherwise authorized by law.
Sec. 2842 requires DOD to implement the recommendations contained in the GAO report entitled DOD Can Further Strengthen Oversight of Its Privatized Housing Program or, if DOD does not implement all of the recommendations, to submit a report to Congres