S 2226: National Defense Authorization Act for Fiscal Year 2024

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

CRS Insight IN12205, FY2024 NDAA: Junior Reserve Officer Training Corps (JROTC) Matters.

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

CRS In Focus IF12196, FY2024 NDAA: Basic Needs Allowance and Military Food Insecurity.

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

CRS Insight IN12254, FY2024 NDAA: Department of Defense Office of Cost Assessment and Program Evaluation (CAPE).

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

CRS Report R46618, An Overview of Rare Earth Elements and Related Issues for Congress.

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

CRS In Focus IF10537, Defense Primer: Cyberspace Operations.

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 Congress explaining the reasons for not implementing those recommendations.

Sec. 2852 requires DOD to include certain questions related to living accommodation satisfaction in its annual status of forces survey.

Sec. 2862 authorizes the Department of theArmy to convey a parcel of property known as the Wetzel County Memorial Army Reserve Center to the City of Martinsville, WV, for the purposes of providing emergency management response or law enforcement services.

For additional information see

CRS Insight IN12229, FY2024 NDAA: Military Construction and Housing Authorities.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

This title authorizes appropriations for the activities of the National Nuclear Security Administration (NNSA), defense environmental cleanup, nuclear energy, and other defense activities. This title also sets policy for certain nuclear related matters and authorizes new plant projects for the NNSA at specified locations.

Below are some examples of provisions in this title.

Sec. 3119 limits funds authorized to be appropriated for FY2024 under this bill for operations of the Office of the Administrator for Nuclear Security. Under this section, no more than 50% of such funds may be obligated or expended until the NNSA submits a report to Congress on the spend plan for the warhead associated with the sea-launched cruise missile.

Sec. 3143 prohibits the Department of Energy (DOE) from drawing down and selling petroleum products from the Strategic Petroleum Reserve (1) to any entity under the control of the Chinese Communist Party, China, Russia, North Korea, or Iran; or (2) except on the condition that such products not be exported to China, Russia, North Korea, or Iran.

Sec. 3144 establishes new programs and expands existing programs to increase domestic supplies of certain types of low-enriched uranium. For example, the DOE must establish a program to increase the production of certain types of low-enriched uranium by U.S. nuclear energy companies.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

This title authorizes appropriations for the Defense Nuclear Facilities Safety Board.

TITLE XXXV--MARITIME ADMINISTRATION

This title makes editorial changes to a statutory provision that defines certain aspects of the Maritime Administration, such as the administration's organization and powers.

DIVISION D--FUNDING TABLES

TITLE XLI--PROCUREMENT

This title sets forth amounts requested and authorized for procurement.

TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

This title sets forth amounts requested and authorized for research, development, test, and evaluation.

TITLE XLIII--OPERATION AND MAINTENANCE

This title sets forth amounts requested and authorized for operation and maintenance.

TITLE XLIV--MILITARY PERSONNEL

This title sets forth amounts requested and authorized for military personnel.

TITLE XLV--OTHER AUTHORIZATIONS

This title sets forth amounts requested and authorized for the National Defense Stockpile Transaction Fund, various working capital funds, chemical agents and munitions destruction, drug interdiction and counterdrug activities, the Office of the Inspector General, and the defense health program.

TITLE XLVI--MILITARY CONSTRUCTION

This title sets forth amounts requested and authorized for military construction.

TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

This title sets forth amounts requested and authorized for DOE national security programs.

For additional information see

CRS Insight IN12209, FY2024 NDAA: Summary of Funding Authorizations.

DIVISION E--ADDITIONAL PROVISIONS

TITLE LI--PROCUREMENT

This title contains the additional provisions related to procurement.

For example, Sec. 5133 prohibits DOD from expending funds on retiring F-15E aircraft through fiscal year 2029.

TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

This title contains the additional provisions related to RDT&E.

Below are some examples of provisions in this title.

Sec. 5201 authorizes DOD to establish public-private exchange programs, each with up to 10 participants, focused on private sector entities working on quantum information sciences and technology research applications.

Sec. 5203 authorizes DOD to establish a fellowship program in quantum information science and technology research for individuals with a graduate or postgraduate degree.

Sec. 5206 authorizes the military departments to, upon receiving DOD approval, use rapid acquisition and funding authorities to leverage emerging technological advancements or to provide a rapid response to an emerging threat. This section also includes various requirements related to such authorities, such as the information a military department must provide to DOD when requesting approval to use such authorities.

For additional information see

TITLE LIII--OPERATION AND MAINTENANCE

This title requires a report to Congress from the Office of the Undersecretary of Defense for Acquisition and Sustainment on incinerators and waste-to-energy waste disposal alternatives to burn pits.

TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS

This title contains the following additional provisions related to military compensation.

Sec. 5631 expands a program that provides transitional compensation to dependents of servicemembers separated from active duty for dependent abuse.

Specifically, this section authorizes the program to provide compensation in cases where the servicemember was convicted of dependent abuse in a federal district court or state court and was separated from active duty for an offense other than the dependent abuse offense. (The current program is generally limited to cases where the servicemember is separated from active duty or forfeits all pay and allowances as a result of the dependent abuse offense.)

Sec. 5632 requires DOD to report to Congress on the effect of a 2019 law that phased out a requirement that certain DOD survivor benefits be reduced if the survivor also received payments under a Department of Veterans Affairs (VA) program that provides a tax-free cash benefit to eligible survivors of certain deceased servicemembers.

Specifically, the report must assess the effects, including any unintended consequences, of phasing out the requirement that payments under the DOD Survivor Benefit Plan be offset by payments received through the VA's Dependency and Indemnity Compensation program.

For additional information see

CRS Report R45325, Military Survivor Benefit Plan: Background and Issues for Congress.

TITLE LVII--HEALTH CARE PROVISIONS

This title contains additional provisions related military health care.

Below are some examples of provisions in this title.

Sec. 5701 expands the authority to provide hearing aids at uniformed services medical facilities to include certain dependents of military retirees enrolled in family coverage under the TRICARE Prime health care plan.

Sec. 5724 authorizes DOD to expand a demonstration project (intended to evaluate the cost, quality, and impact of doulas and lactation consultants) to add coverage of labor doula care, or reimbursement for such care, for all beneficiaries under the TRICARE health care program. (Currently, the demonstration project is only for TRICARE Prime or TRICARE Select enrollees.)

This section also authorizes military medical treatment facilities to hire doulas.

TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

This title contains the following additional provisions related to acquisitions and acquisition management.

Sec. 5841 requires DOD to issue guidance to enhance the ability of small businesses to compete for DOD contracts, including by allowing the temporary waiver of certain requirements to bid on a contract.

Sec. 5851 requires DOD to brief Congress on the designation of certain parts as proprietary in the Defense Logistics Agency system over the past five years.

For additional information see

CRS In Focus IF11543, Defense Primer: The Defense Logistics Agency.

TITLE LX--OTHER MATTERS

This title addresses a variety of topics, including DOD efforts related to artificial intelligence (AI), child abuse, and visas for foreign nationals employed by the U.S. government abroad.

Below are some examples of provisions in this title.

Sec. 6079 requires DHS to transfer to California without reimbursement seven Coast Guard HC-130H aircraft (a fixed wing search-and-rescue aircraft), along with initial spares and necessary ground support equipment, if the governor of California submits a written request for such aircraft. The transferred aircraft must be demilitarized and used only for wildfire suppression purposes.

Sec. 6082, the Preventing Child Sex Abuse Act of 2023, makes changes to the federal law prohibiting child sexual tourism. This section (1) revises the specific intent required for certain offenses involving interstate or foreign travel to engage in or facilitate illicit sexual conduct; (2) establishes new criminal offenses for acts in furtherance of illicit sexual conduct by an officer, director, employee, or agent of an organization through his or her connection to or affiliation with the organization; and (3) specifies that the term sexual activity for which any person can be charged with a criminal offense does not require interpersonal physical contact.

Sec. 6097 authorizes DOD to implement a bug bounty program for foundational AI models (an adaptive generative model that is trained on a broad set of unlabeled data sets that can be used for different tasks, with minimal fine-tuning) being integrated into DOD missions and operations. (Current DOD bug bounty programs pay certain individuals to identify and resolve security vulnerabilities in websites and other systems.)

Sec. 6098 requires DOD to conduct a study analyzing certain vulnerabilities to AI-enabled military applications.

Subtitle H--Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act

Granting Recognition to Accomplished Talented Employees For Unwavering Loyalty Act or the GRATEFUL Act

Sec. 6093 makes additional visas available under a program that provides special immigrant visas to eligible foreign nationals who were employed by the U.S. government abroad.

Generally, under this program, a foreign national (and their spouse and children) may receive a special immigrant visa if (1) the foreign national has been employed by the U.S. government abroad for at least 15 years, and (2) the Department of State has found that it is in the national interest to award the visa. There are a limited number of such visas available each fiscal year.

This section makes additional special immigrant visas available if no visas are immediately available. Up to 3,500 additional visas shall be made available for FY2024, and up to 3,000 shall be made available in each subsequent fiscal year.

TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS

This title contains additional provisions related to DOD interactions with foreign nations.

Subtitle C--Matters Relating to Europe and the Russian Federation

Sec. 6231, the Black Sea Security Act of 2023, requires the National Security Council to prepare a strategy for Black Sea security and development to (1) increase coordination with NATO and the European Union, (2) deepen economic ties, (3) strengthen energy security, (4) support efforts to bolster regional democratic resilience, and (5) enhance security assistance with regional partners.

Subtitle D--Matters Relating to the Indo-Pacific Region

Sec. 6242 requires the President to stake steps to treat Taiwan as if it were included in the countries eligible for a strategic trade authorization exception for the purposes of export controls. Before Taiwan receives such treatment, the President must ensure that Taiwan meets certain criteria, particularly with respect with aligning Taiwan's export control policies with those of the United States.

Subtitle G--Other Matters

Sec. 6292 requires the Office of the Director of National Intelligence to assess and report on the top five technologies that originate in the United States and are not currently subject to export controls, in order to identify the risk from those technologies that could be used for espionage by foreign adversaries.

Sec. 6293 requires the President to certify to Congress, prior to transferring any Virginia-class submarines to Australia, that the submarines would be used for joint security interests and that Australia is ready to support their operations and nuclear power procedures.

For additional information see

TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS

This title contains the following additional provision related to nuclear forces.

Sec. 6511 requires the National Nuclear Security Administration (NNSA) to report to Congress annually on the joint development of the long-range stand-off weapon, including the Air Force-developed missile and the NNSA W80-4 warhead life extension program.

For additional information see

CRS In Focus IF10519, Defense Primer: Strategic Nuclear Forces.

TITLE LXVIII--FEND OFF FENTANYL ACT

Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act or the FEND Off Fentanyl Act.

This title contains provisions related to trafficking of fentanyl and other illicit opioids.

Below are some examples of provisions in this title.

Sec. 6813 requires that the sanctions specified in Executive Order 14059 (relating to sanctions on foreign persons involved in the global illicit drug trade), as well as any amendments to or directives issued pursuant to that executive order before the date of the enactment of this bill, shall remain in effect.

Sec. 6814 requires the President to impose property-blocking sanctions on any foreign person knowingly involved in (1) significant trafficking of fentanyl, fentanyl precursors, or other related opioids, including such trafficking by a transnational criminal organization; or (2) significant activities of a transnational criminal organization relating to the trafficking of fentanyl, fentanyl precursors, or other related opioids.

Sec. 6831 authorizes the Department of the Treasury to take certain actions relating to certain financial institutions, classes of transactions, or types of accounts that (1) involve a non-U.S. jurisdiction, and (2) are primary money laundering concerns in connection with illicit opioid trafficking.

Specifically, for such institutions, transaction classes, or account types, Treasury may require domestic financial institutions to (1) take certain special measures, (2) prohibit certain transmittals of funds, or (3) impose conditions on transmittals of funds.

Sec. 6832 requires Treasury's Financial Crimes Enforcement Network to issue guidance to U.S. financial institutions for filing reports of suspicious transactions related to suspect fentanyl trafficking by transnational criminal organizations.

For additional information see

TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS

This title contains the following additional provisions related to military construction.

Sec. 7851 requires the Army to submit a report to Congress on the Army's plan to replace houses at Fort Leonard Wood that are in need of repair.

Sec. 7881 requires DOD to conduct a study, using an outside organization, on the correlation between certain construction projects that affect servicemember quality of life and (1) active duty retention, (2) the physical health of servicemembers, and (3) the mental health of servicemembers.

Sec. 7882 limits to Major Range and Test Facility Bases a pilot program that requires the establishment of accounts for select Air Force installations for the purpose of receiving reimbursements for the use of those installation's testing facilities. (Such bases are part of the core set of DOD test and evaluation infrastructure and associated workforce that must be preserved as a national asset to provide test and evaluation capabilities to support the DOD acquisition system.)

This section also gives the commander at installations in the pilot program greater oversight of the expenditure of the reimbursement amounts, and prohibits the reduction of certain appropriated funding on the basis of pilot program participation or usage of reimbursements.

TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2023 or the ADVANCE Act of 2023.

This title sets forth provisions to develop and deploy advanced nuclear fuel for the United States and certain allied countries, restrict the possession or ownership of enriched uranium from Russia or China, clean up hazardous land, and establish related requirements.

For example, this title provides incentives for developing and deploying new nuclear technologies, such as reduced licensing fees and prize awards for deploying such technologies. It also extends through 2045 the indemnification policy under the Price-Anderson Act that limits liability related to the nuclear industry.

DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023

Department of State Authorization Act of 2023

This division authorizes FY2024 appropriations and sets forth policies for Department of State programs and activities.

Below are examples of provisions in this division.

For additional information see

CRS In Focus IF10293, Foreign Relations Reauthorization: Background and Issues.

TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS

Sec. 6101 authorizes the State Department to directly appoint up to 80 candidates under a special hiring authority to positions in the competitive (civil) service for passport and visa examining during a three-year period following this bill's enactment.

Sec. 6103 requires the State Department to place certain travel advisory information on the first three pages of U.S. regular passports, such as a reminder that many countries deny entry to travelers during the last six months of their passport validity period.

Sec. 6104 requires the State Department to submit to Congress a strategy on reducing passport processing time and providing urgent in-person passport services.

Sec. 6105 requires the GAO to review National Passport Information Center operations and customer service.

Sec. 6108 establishes a statutory right for State Department employees to appeal assignment-related decisions, including denials of an assignment based on a restriction or preclusion. This right to appeal shall be the same as the right of an employee to appeal a denial or revocation of a security clearance.

The section also establishes various requirements related to assignments and denials, such as requiring the State Department to (1) notify its personnel of assignment request denials due to assignment restrictions, (2) establish reasonable time lines to complete adjudications of ongoing assignment reviews, and (3) establish a security appeal panel for those denied an assignment due to an assignment restriction.

Sec. 6109 requires the State Department to ensure that all foreign language instructors at the Foreign Service Institute are subject to suitability reviews and background investigations. The section also requires the State Department to conduct continuous vetting or reinvestigations for those personnel.

Sec. 6110 authorizes the State Department to establish diplomatic security fellowship programs to provide grants to undergraduate students who commit to pursuing a career in diplomatic security.

For additional information see

TITLE LXII--PERSONNEL MATTERS

Sec. 6202 authorizes the State Department to, during the three-year period after this bill's enactment, directly appoint up to 80 candidates under a special hiring authority to positions in the competitive (civil) service positions relating to (1) data science, (2) information technology, and (3) human resources management.

Sec. 6204 extends authority for the State Department Lateral Entry Program, a program established in 2016 targeting midcareer individuals from the civil service and private sector with valuable skills and experience for appointment to the Foreign Service for two years. The section also requires the State Department to include no fewer than 30 participants in the program each year and not to use Foreign Service-limited or other noncareer Foreign Service hiring authorities in the program.

Sec. 6205 authorizes the State Department to establish a midcareer mentoring program for selected members of the Foreign Service.

Sec. 6207 requires the State Department to provide an annual list to the President of 5-10 career civil servants serving at the State Department or the U.S. Agency for International Development (USAID) who are qualified to serve as chiefs of mission.

Sec. 6208 requires the State Department to establish a pilot program to provide qualified civil servants at the State Department opportunities to serve at a U.S. embassy.

Sec. 6211 allows the continuation of retirement annuity payments to individuals who become employed by the State Department. Specifically, this section applies to individuals who are receiving a retirement annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System.

Sec. 6212 requires the State Department to take a number of actions regarding the reporting and resolution of allegations of discrimination, bullying, and harassment, such as conducting various surveys relating to such issues.

Furthermore, if an employee has made allegations of discrimination, bullying, or harassment against the superior responsible for reviewing the performance of the employee, the employee shall instead be reviewed by the superior's supervisor.

Sec. 6214 authorizes the State Department and USAID to increase the number of diplomats in the Diplomats in Residence Program.

Subtitle B--Pay, Benefits, and Workforce Matters

Sec. 6222 requires the State Department to pay a per diem allowance to certain newly hired Foreign Service employees in initial training in the Washington, DC area.

Sec. 6223 requires the State Department to seek to increase the number of personnel in the Bureau of Medical Services to address mental health needs.

Sec. 6224 authorizes the State Department and USAID to provide for unanticipated nonmedical care, including childcare, eldercare, and essential services directly related to caring for an acute injury or illness for employees and their family members.

Sec. 6225 authorizes the State Department to provide overseas physical and mental health care services to certain otherwise ineligible individuals in special circumstances if necessary to preserve life or limb or if intended to facilitate an overseas evacuation, recovery, or return.

Sec. 6230 requires the State Department to adopt policies and procedures to facilitate the assignment of tandem Foreign Service personnel (generally, couples where both spouses are career or career-candidate Foreign Service employees) to the same diplomatic post or country.

The section also requires the State Department to update antinepotism policies so that such rules apply only when an employee and a relative are placed in positions where they jointly and exclusively control government resources or establish government policy.

TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY

Sec. 6302 requires the State Department to establish a bureau chief data officer program. The program's goals shall include promoting data fluency across the State Department and increasing the use of data analytics in critical decision-making areas.

Sec. 6303 establishes in the State Department a Senior Executive Service position for chief artificial intelligence officer.

Sec. 6306 authorizes the State Department to establish a digital connectivity and cybersecurity partnership program with foreign countries. The program's duties shall include helping foreign countries (1) expand and increase secure internet access and digital infrastructure in emerging markets; (2) adopt policies that foster open, interoperable, and secure internet; and (3) access U.S. exports of information and communications technology products and services.

Sec. 6307 authorizes the State Department to establish a fund and provide assistance to foreign governments and organizations for cyberspace activities, cyber protection, and the development of technology standards that reinforce human rights and democratic values.

Sec. 6308 requires the State Department to offer cyber protection support for personal technology devices and personal accounts of at-risk personnel.

TITLE LXIV--ORGANIZATION AND OPERATIONS

Sec. 6401 authorizes the State Department to enter into contracts for up to 100 personal services contractors to respond to exigent circumstances and urgent crises abroad.

Sec. 6405 requires the President to appoint a special envoy to the Pacific Islands Forum.

Sec. 6406 requires the President to appoint a special envoy for Belarus.

Sec. 6408 requires the State Department to fund travel through 2027 for family members of persons unlawfully or wrongfully detained abroad to Washington, DC, to facilitate meetings with officials. The section also requires the State Department to make available mental health services to individuals unlawfully or wrongfully detained abroad and their family members.

TITLE LXV--ECONOMIC DIPLOMACY

Sec. 6504 provides guidance for deal teams in U.S. embassies and consulates abroad.

TITLE LXVI--PUBLIC DIPLOMACY

Sec. 6601 requires public affairs sections at U.S. embassies and USAID mission program officers abroad to coordinate and prioritize resources for public diplomacy campaigns, including through new media technology and comprehensive community outreach.

Sec. 6603 addresses issues relating to the governance of the Voice of America (VOA) and the U.S. Agency for Global Media (USAGM).

For example, the bill establishes under statute that the director of VOA has responsibility for all VOA operations. The bill also provides the International Broadcasting Advisory Board with statutory authority to oversee the USAGM and the sole authority to appoint an acting Chief Executive Officer of the USAGM when a vacancy arises.

Sec. 6604 establishes the John Lewis Civil Rights Fellowship Program within the J. William Fulbright educational exchange program (commonly referred to as the Fulbright Program). The fellowship program shall honor the legacy of Representative John Lewis and advance U.S. foreign policy priorities by promoting studies, research, and international exchange in the subject of nonviolent civil rights movements around the world.

Sec. 6606 extends the authority for the State Department's Global Engagement Center through the end of FY2026.

For additional information see

CRS Report R46968, U.S. Agency for Global Media: Background, Governance, and Issues for Congress.

TITLE LXVII--OTHER MATTERS

Sec. 6701 authorizes the State Department to award grants to U.S. college students and educational institutions involved in intern programs at the United Nations and other international organizations.

Sec. 6702 requires the State Department to establish training courses on (1) diplomacy at international and multilateral institutions, and (2) broad-based multilateral negotiations.

Sec. 6707 authorizes the State Department to enter into a public-private partnership to establish a U.S.-Association of Southeast Asian Nations (ASEAN) center to support U.S. economic and cultural engagement with Southeast Asia.

Sec. 6710 requires the U.S. International Development Finance Corporation to prioritize projects advancing U.S. core national security interests with respect to China.

For additional information see

CRS In Focus IF11436, U.S. International Development Finance Corporation (DFC).

TITLE LXVIII--AUKUS MATTERS

Sec. 6812 requires the State Department to establish the positions of senior advisor for the AUKUS partnership and supporting staff.

Sec. 6823 authorizes the President to transfer or export defense services to private individuals in Australia to support the development of Australia's submarine industrial base to fulfil AUKUS commitments.

Sec. 6831 requires the President to prioritize transferring defense articles and services to Australia and the United Kingdom under AUKUS ahead of all others other than Taiwan and Ukraine.

Sec. 6833 authorizes the State Department to exempt certain licensing or other approval requirements for certain defense articles and services between the United States, Australia, and the United Kingdom.

Sec. 6834 requires the State Department to establish an expedited decision-making process for the transfer of commercial advanced-technology defense articles and services not covered by an exemption under the International Traffic in Arms Regulations (ITAR).

Sec. 6835 exempts Australia and the United Kingdom from a congressional reporting requirement for presidential exemptions granted in periodic reviews of the U.S. Munitions List (USML).

For additional information see

DIVISION G--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE

Unidentified Anomalous Phenomena Disclosure Act of 2023 or the UAP Disclosure Act of 2023

This title sets policy regarding Unidentified Anomalous Phenomena (UAP).

Below are some examples of provisions in this title.

Sec. 9004 requires the National Archives to establish a collection of records to be known as the Unidentified Anomalous Phenomena Records Collection, consisting of record copies of all government, government-provided, and government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and nonhuman intelligence. This section also specifies certain requirements for disclosure of these records to the public.

Sec. 9007 establishes an Unidentified Anomalous Phenomena Records Review Board, consisting of nine U.S. citizens appointed by the President with the advice and consent of the Senate. The purpose of this board is to ensure and facilitate the review, transmission to the National Archives, and public disclosure of government records relating to UAP.

Sec. 9010 requires the federal government to exercise eminent domain (government seizure of private property for public use without the consent of the property owner) over all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities. Any such material shall be made available to the UAP Records Review Board.

DIVISION H--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023

Architect of the Capitol Appointment Act of 2023

This division modifies procedures for appointing and removing the Architect of the Capitol (who is responsible for the operation and care of the Capitol grounds, facilities and art).

Sec. 10002 establishes a bipartisan congressional commission to, by majority vote, appoint, reappoint , and remove the Architect. (Currently, the Architect is appointed by the President and confirmed by the Senate.)

The Architect shall be appointed for a 10-year term and may be reappointed for additional 10-year terms.

Sec. 10003 specifies procedures related to the appointment of the Deputy Architect of the Capitol.

Specifically, the Architect must appoint a deputy within 120 days of that Architect's appointment or a vacancy in the deputy position. If the Architect fails to appoint a deputy within that time, the commission must appoint one. The Architect must also immediately notify the commission if the deputy position is vacant.

Sec. 10004 provides that the Deputy Architect must serve as acting Architect in the event the Architect is absent, disabled, or otherwise unavailable. The section also requires the commission to appoint an acting Architect if there are vacancies in both the Architect and Deputy Architect positions.

DIVISION I--FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS

Fair Debt Collection Practices for Servicemembers Act

Sec. 11002 prohibits a debt collector from threatening a servicemember with a reduction of rank, revocation of their security clearance, or military prosecution in the course of collecting a debt.

Sec. 11003 requires the GAO to report on the impact of this prohibition on the timely delivery of information to servicemembers, military readiness, and national security.

DIVISION J--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION REAUTHORIZATION ACT OF 2023

Native American Housing Assistance and Self-Determination Reauthorization Act of 2023

This division provides federal housing assistance to Indians and Native Hawaiians.

Below are some examples of provisions in this title.

Sec. 11003 reauthorizes through FY2030 the Indian Housing Block Grant program.

Sec. 11014 reauthorizes through FY2030 the Native Hawaiian Housing Block Grant program.

Sec. 11017 authorizes the Department of Housing and Urban Development (HUD) to guarantee housing loans for Indians through FY2030.

Sec. 11018 authorizes HUD to guarantee housing loans for Native Hawaiians through FY2030.

Sec. 11019 authorizes HUD to make grants for use in eliminating drug-related and violent crime. Recipients of such grants must be eligible to receive assistance under the Native American Housing Assistance and Self-Determination Act of 1996.

Sec. 11020 provides statutory authority for the Tribal HUD-VASH program, which provides rental assistance and supportive services to Indian veterans who are homeless or at risk of homelessness and living in or near an area where a tribe or tribally designated housing entity provides assistance for affordable housing.

DIVISION K--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT OF 2023

Fort Belknap Indian Community Water Rights Settlement Act of 2023

This division modifies and ratifies a specified water rights settlement agreement entered into by the United States, Montana, and the Fort Belknap Indian Community (i.e., the Gros Ventre and Assiniboine Tribes).

Below are some examples of provisions in this title.

Sec. 11004 authorizes, ratifies, and confirms the water rights settlement agreement between the parties.

Sec. 11005 requires the community's water rights to be held in trust for the benefit of the community and its allottees. The community must enact a tribal water code to regulate its water rights.

Sec. 11006 authorizes the Department of the Interior and the Department of Agriculture (as applicable) to enter negotiations with Montana to exchange certain state lands for federal lands to be held in trust for the benefit of the community.

Sec. 11012 establishes the Aaniiih Nakoda Settlement Trust Fund (and specified accounts) for purposes of carrying out this division.

Sec. 11013 establishes the Fort Belknap Indian Community Water Settlement Implementation Fund (and specified accounts) for purposes of carrying out this division.

Sec. 11014 provides funding for specified accounts established in the settlement funds.

DIVISION L--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

TITLE LXIX--FEDERAL DATA AND INFORMATION SECURITY

This title modifies requirements relating to federal agency data centers.

Subtitle A--Federal Data Center Enhancement Act of 2023

Federal Data Center Enhancement Act of 2023

Sec. 11002 requires the General Services Administration (GSA) to establish minimum requirements for new data centers, including regarding

the availability and use of new data centers;
the use of sustainable energy sources;
uptime percentage;
protections against power failures, including on-site energy generation and access to multiple transmission paths;
protections against physical intrusions and natural disasters; and
information security protections.

TITLE LXX--STEMMING THE FLOW OF ILLICIT NARCOTICS

This title addresses various issues related to border security and DHS.

Below are examples of provisions in this title.

Subtitle A--Enhancing DHS Drug Seizures Act

Enhancing DHS Drug Seizures Act

Sec. 11103 authorizes DHS employees to receive danger pay while stationed in a foreign area while that area is experiencing certain conditions, such as civil war, that threaten physical harm or imminent danger to the employee. The danger pay may be for up to 35% of the employee's basic pay.

Sec. 11104 authorizes DHS to waive reimbursement for the salaries of DHS employees providing training to foreign-vetted law enforcement or national security units under an agreement with DOD.

Sec. 11105 authorizes U.S. Customs and Border Protection to provide air and marine support to foreign governments for certain operations, such as an operation to deter illegal drugs from entering the United States.

Sec. 11108 makes it a crime to destroy or significantly damage physical or electronic devices (e.g., fences or cameras) used by the federal government to control a U.S. international border with the intent to achieve certain goals relating to securing financial gain and breaking federal laws.

Such crimes shall be punishable by fines, imprisonment of up to five years, or both.

Subtitle B--Non-Intrusive Inspection Expansion Act

Non-Intrusive Inspection Expansion Act

This subtitle requires U.S. Customs and Border Protection (CBP) to increase its use of nonintrusive inspection systems to scan passenger and commercial vehicles at land ports of entry.

Sec. 11112 requires CBP to use such systems at land ports of entry to scan at least 40% of passenger vehicles and 90% of commercial vehicles entering the United States.

Sec. 11113 requires CBP to use such systems to scan at least 10% of all vehicles exiting the United States through a land port of entry.

Subtitle C--Securing America's Ports of Entry Act of 2023

Securing America's Ports of Entry Act of 2023

Sec. 11122 requires CBP to increase the number of CBP officers to specified levels. If CBP does not adequately increase personnel, the GAO must submit to Congress a review of CBP hiring practices.

Subtitle D--Border Patrol Enhancement Act

Border Patrol Enhancement Act

Sec. 11132 requires the U.S. Border Patrol to complete a personnel requirements determination model and contract with a research entity to analyze the validity of the model.

After the model has been validated, if the Border Patrol does not have enough active agents to meet the staffing level recommended by the model, DHS may hire 600 or more Border Patrol agents above the attrition level during each fiscal year until the staffing level has reached the recommended level.

Sec. 11133 establishes a special overtime rate for scheduled overtime hours work for Border Patrol agents in a specified grade. This special overtime rate shall be higher than the standard overtime rate.

Sec. 11135 requires Border Patrol agents, employees, and certain contract employees to participate in continuing education on various topics, including (1) the nonlethal use of force policies and deescalation strategies; (2) identifying and responding to vulnerable populations, such as children and victims of human trafficking; and (3) relevant cultural, societal, racial, and religious training.

Subtitle E--END FENTANYL Act

Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life Act or the END FENTANYL Act

Sec. 11142 requires CBP to review and update, as necessary, manuals and policies related to inspections at ports of entry to ensure the uniformity of inspection practices to effectively detect illegal activity along the border, such as the smuggling of drugs and humans.

TITLE LXXI--IMPROVING LOBBYING DISCLOSURE REQUIREMENTS

Subtitle A--Lobbying Disclosure Improvement Act

Lobbying Disclosure Improvement Act

This subtitle requires registered lobbyists to disclose whether they are exempt from having to register as foreign agents due to their lobbying activities and status as registered lobbyists.

Subtitle B--Disclosing Foreign Influence in Lobbying Act

Disclosing Foreign Influence in Lobbying Act

This subtitle requires registered lobbyists to disclose any foreign countries or political parties that are involved in the direction, planning, supervision, or control of the lobbyist's activities.

TITLE LXXII--PROTECTING OUR DOMESTIC WORKFORCE AND SUPPLY CHAIN

This title addresses various issues related to supply chains and military spouse employment.

Below are some examples of provisions in this title.

Subtitle B--Intergovernmental Critical Minerals Task Force Act

Intergovernmental Critical Minerals Task Force Act

This subtitle requires the President to establish a task force to assess the extent to which the United States relies on China and certain other nations for critical minerals, the resulting national security risks associated with this, and to make recommendations to secure United States and global supply chains for critical minerals. (Currently, the U.S. Geological Survey lists 50 such minerals.)

Subtitle C--Customs Trade Partnership Against Terrorism Pilot Program Act of 2023

Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 or the CTPAT Pilot Program Act of 2023

This subtitle requires DHS to carry out a pilot program that assesses whether allowing certain third-party logistics providers to participate in the Customs Trade Partnership Against Terrorism (CTPAT) would meet the goals of CTPAT, such as enhancing port security and combating terrorism.

Third-party logistics providers eligible for the pilot program are either (1) non-asset-based providers that arrange international freight transportation and are licensed by the Department of Transportation; or (2) asset-based providers that facilitate cross-border activity, execute logistics services using their own warehousing assets and resources, and are licensed or bonded by specified federal agencies.

Subtitle D--Military Spouse Employment Act

Military Spouse Employment Act

Sec. 11332 allows executive agencies to appoint military spouses to remote work positions. (The current appointment authority does not specifically extend to remote positions.)

Sec. 11333 requires the GAO to report on the general use of remote work by agencies, including the number and location of employees working remotely and the effects on recruitment, retention, and office space utilization and spending.

For additional information see

DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024

Intelligence Authorization Act for Fiscal Year 2024

This division authorizes various intelligence-related activities for FY2024 and addresses related issues.

TITLE I--INTELLIGENCE ACTIVITIES

This title authorizes appropriations for FY2024 for (1) the conduct of intelligence and intelligence-related activities by the federal government, (2) the intelligence community management account, and (3) increases in employee compensation and benefits authorized by law.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

This title authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund.

TITLE III--INTELLIGENCE COMMUNITY MATTERS

This title sets policy on various matters related to the intelligence community (there are 18 component organizations within the intelligence community).

Below are some examples of provisions in this title.

Sec. 301 requires the Office of the Director of National Intelligence to submit to Congress a plan for the intelligence community to recruit, train and retain personnel with skills and experience in financial intelligence and emerging technologies.

Sec. 303 expands eligibility to receive in-state tuition rates at public institutions of higher education to active duty members of the intelligence community in the state where the member is domiciled or stationed. The spouses and dependent children of such members shall also be eligible for in-state tuition.

Sec. 306 specifies that the mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for U.S. government counterintelligence activities by integrating instruments of national power as needed to counter foreign intelligence activities.

Sec. 307 prohibits the elements of the intelligence community from chartering any private or commercial aircraft to transport an individual who is or was detained at Guantanamo Bay, Cuba.

Sec. 323 requires the CIA to establish and implement a standard workplace sexual misconduct complaint investigation procedure.

TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

This title sets policy for the intelligence community regarding certain foreign countries.

Below are some examples of provisions in this title.

Sec. 401 requires the Office of the Director of National Intelligence (ODNI) to designate a senior official to serve as the intelligence community coordinator for accountability of China's atrocities (i.e., crimes against humanity, genocide, or war crimes).

Sec. 402 requires the Office of the Director of National Intelligence to establish an interagency working group within the intelligence community to analyze China's tactics and capabilities in Africa, including efforts to (1) exploit mining and reprocessing operations, (2) provide or fund telecommunications and energy technologies, and (3) expand intelligence capabilities.

For additional information see

TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES

This title sets policy for the intelligence community with regards to competition with certain foreign adversaries.

Below are some examples of provisions in this title.

Sec. 501 authorizes the ODNI to assign or facilitate the assignment of members from across the intelligence community to serve as detailees to the Bureau of Industry and Security at the Department of Commerce.

Sec. 511 expands an existing reporting requirement for an intelligence community working group on China's economic and technological capabilities. Specifically, the working group's annual report to Congress must include an assessment of China's investments in certain technologies, such as artificial intelligence, next-generation energy technologies, and biotechnology.

TITLE VI--WHISTLEBLOWER MATTERS

This title addresses protections for whistleblowers (generally, federal government employees or contractors who disclose their reasonable belief of certain issues such as a violation of law or a substantial danger to public health and safety), including issues involving individuals who lose their security clearances as retaliation for their whistleblowing activities.

Below are some examples of provisions in this title.

Sec. 601 requires intelligence community inspectors general to appoint security officers to provide confidential, security-related guidance to employees and contract employees who intend to make a complaint or provide information to Congress. The section also modifies procedures for employees and contractors to report such complaints or information directly to Congress.

Sec. 603 modifies provisions relating to determining whether an adverse security clearance (or access) determination was reprisal for whistleblowing activity.

For example, this section raises the standard of proof that the agency must meet to raise the defense that it would have made the adverse security clearance determination even without the whistleblowing activity.

The section also amends the statute to explicitly state that circumstantial evidence may be used to establish that the whistleblowing activity was a contributing factor in the adverse security determination, and provides examples of such circumstantial evidence.

TITLE VII--CLASSIFICATION REFORM

This title sets policy with regards to classified information.

Subtitle A--Classification Reform Act of 2023

Classification Reform Act of 2023

This subtitle requires the President to take certain actions related to classifying information, including by narrowing exemptions to rules that require the automatic declassification of certain information.

Sec. 703 provides statutory authority for the President to protect national security information from unauthorized disclosure.

The section also requires the President to establish categories of classified information and procedures to both classify and declassify such information. Such procedures must meet certain requirements, such as narrowing the criteria for classification and providing for narrower exemptions from automatic declassification than Executive Order 13526, which currently controls classified national security information.

Executive Order 13526 shall remain in effect until superseded by the procedures required by this section.

Sec. 704 requires certain federal agencies (including the Department of Justice, the Department of Defense, and the Central Intelligence Agency) to designate at least one senior officer to serve as the principal advisor for identifying records of significant public interest and prioritizing review of such records to facilitate public disclosure in redacted or unredacted form.

Subtitle B--Sensible Classification Act of 2023

Sensible Classification Act of 2023

This subtitle provides statutory authority with regards to requirements pertaining to classifying information, including who is authorized to classify information originally (that is, in the first instance).

Sec. 714 establishes under statute that only certain individuals have the authority to classify information in the first instance, such as the President, the Vice President when exercising executive authority, and certain other officials who have been delegated such authority.

The section also establishes statutory limits and requirements related to the delegation of such authority. For example, the section establishes that delegation of such authority must be limited to the minimum required to administer this section.

Under this section, individuals designated with such authority must receive training on safeguarding classified information and sanctions that may be applied to those who fail to protect classified information from unauthorized disclosure.

Sec. 715 requires executive branch agencies to review and process records for declassification and release if the records are over 25 years old and responsive to certain requests for information (such as a request under the Freedom of Information Act). Furthermore, the section requires executive branch agencies to conduct training for employees with classification authority to promote classification at the minimum level sufficient to protect U.S. national security and discourage overclassification.

TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

This title sets policy with regards to personnel vetting and security clearances.

Below are some examples of provisions in this title.

Sec. 801 requires the ODNI to submit a review to Congress on the extent to which the intelligence community can use information technology services shared among the intelligence community for personnel vetting, including with respect to human resources, suitability, and security.

Sec. 802 requires the Security Executive Agent and the Suitability and Credentialing Executive Agent to establish timeliness performance standards for processing personnel vetting trust determinations. (Trust determinations include determinations about suitability, fitness, and eligibility for access to classified information). The section also authorizes the ODNI to establish complementary standards for the intelligence community.

Sec. 805 prohibits any element of the intelligence community from denying eligibility to access classified information to an individual solely based on the individual's use of cannabis prior to applying for a security clearance.

TITLE IX--ANOMALOUS HEALTH INCIDENTS

This title sets policy with regards to payments to certain government personnel and their dependents who incur certain brain injuries while on assignment. (Since 2016, some intelligence, diplomatic, and other governmental personnel have reported experiencing unusual cognitive and neurological impairments while on assignment, particularly abroad, the source of which is currently under investigation.)

Below are some examples of provisions in this title.

Sec. 901 permits certain reprogrammed funds to be used to make disability payments for certain brain injuries sustained by CIA officers and employees (and their dependents).

Sec. 902 specifies that eligibility for a special payment for certain brain injuries incurred by CIA officers and employees is not contingent on the claimant first applying for federal workers compensation benefits.

Sec. 903 requires each element of the intelligence community to implement two statutory authorities related to compensation for certain brain injuries, or to provide a report to Congress explaining why those authorities are not relevant to a given element.

TITLE X--ELECTION SECURITY

This title directs the Election Assistance Commission (EAC) to conduct penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories. The National Institute of Standards and Technology must recommend entities to the EAC to carry out this penetration testing and the EAC must vote on the accreditation of any recommended entity.

The title also directs the EAC to create a five-year pilot program for participating cybersecurity researchers to test for and disclose cybersecurity vulnerabilities in election systems.

TITLE XI--OTHER MATTERS

This title includes provisions related to Unidentified Anomalous Phenomena (UAP).

For example, Sec. 1102 prohibits the use of appropriated funds in support of classified or restricted activities related to UAP, unless such activities have been officially explained and justified to Congress and the All-domain Anomaly Resolution Office.

S. 2226: National Defense Authorization Act for Fiscal Year 2024

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