Overview
The following consists of the joint explanatory material
to accompany the Servicemember Quality of Life Improvement and
National Defense Authorization Act for Fiscal Year 2025.
Section 5 of the Act specifies that this joint explanatory
statement shall have the same effect with respect to the
implementation of this legislation as if it were a joint
explanatory statement of a committee of conference.
In this joint explanatory statement, the provisions of
H.R. 8070, the House-passed version of the Servicemember Quality
of Life Improvement and National Defense Authorization Act for
Fiscal Year 2025, are generally referred to as “the House bill”.
The provisions of S. 4638, the Senate Committee on Armed
Services committee-reported version of the National Defense
Authorization Act for Fiscal Year 2025, are generally referred
to as “the Senate committee-reported bill”. The provisions in
the Senate floor manager’s package are generally referred to as
“a proposed amendment (amendment number 3290) to the Senate
committee-reported bill”. The final form of the agreements
reached during negotiations between the House and the Senate are
referred to as “the agreement”.
Disclosure of earmarks and congressionally directed spending
items
Although not required by the Rules of the House of
Representatives, the joint explanatory statement includes a
table that lists the congressional earmarks (as defined in
paragraph (e) of clause 9 of rule XXI of the House of
Representatives) that are contained in the bill or this joint
explanatory statement at the request of a Member of the House of
Representatives. The bill or this joint explanatory statement
does not contain any congressional earmarks at the request of a
Senator. Neither the bill nor the joint explanatory statement
contains any limited tax benefits or limited tariff benefits as
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defined in paragraphs (f) or (g) of clause 9 of rule XXI of the
House of Representatives.
Summary of discretionary authorizations and budget authority
implication
The budget request for national defense discretionary
programs within the jurisdiction of the Committees on Armed
Services of the Senate and the House of Representatives for
fiscal year 2025 was $883.7 billion. Of this amount, $849.5
billion was requested for Department of Defense programs, $33.8
billion was requested for national security programs in the
Department of Energy and the Defense Nuclear Facilities Safety
Board, and $378 million for defense-related activities.
The agreement would authorize $883.7 billion in fiscal
year 2025, including $849.9 billion for Department of Defense
programs, $33.3 billion for national security programs in the
Department of Energy and the Defense Nuclear Facilities Safety
Board, and $512.4 million for defense-related activities.
The two tables preceding the detailed program adjustments
in division D of the accompanying joint explanatory statement
summarize the discretionary authorizations in the agreement and
the equivalent budget authority levels for fiscal year 2025
defense programs.
Sec. 4 – Budgetary effects of this Act
The Senate committee-reported bill contained a provision
(sec. 4) that would state the budgetary effects of this Act for
the purpose of complying with the Statutory Pay-As-You-Go Act of
2010 (Public Law 111-139).
The House bill contained no similar provision.
The agreement includes the Senate provision.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
Sec. 101 – Authorization of appropriations
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The House bill contained a provision (sec. 101) that would
authorize appropriations for procurement at the levels
identified in section 4101 of division D of this Act.
The Senate committee-reported bill contained an identical
provision (sec. 101).
The agreement includes this provision.
SUBTITLE B—ARMY PROGRAMS
Sec. 111 – Centralized Security Monitoring Program for
facilities of the Army
The Senate committee-reported bill contained a provision
(sec. 111) that would require the Secretary of the Army to
establish a centralized security monitoring program for
installations and facilities of the Department of the Army. The
provision would also require the Secretary of the Army to
provide a report to the Committees on Armed Services of the
Senate and the House of Representatives that outlines the plans
of the Secretary to implement the centralized security
monitoring program.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of the Army to
provide a plan to establish centralized security monitoring
facilities that includes estimated costs to establish, operate,
and maintain these facilities. Further, it would require
commencement of the program not later than fiscal year 2027.
Sec. 112 – Pilot program on the use of robotic targets to
enhance the lethality of the reserve components of the Army
The House bill contained a provision (sec. 111) that would
direct the Secretary of the Army to carry out a pilot program
under which the Secretary incorporates the use of moving robotic
target systems into live fire training provided to select
infantry units of the reserve and National Guard components of
the Army.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 113 – Plan for additional kinetic effectors for low, slow,
small unmanned aircraft integrated defeat system of the Army
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The Senate committee-reported bill contained a provision
(sec. 113) that would require the Secretary of the Army to
certify at least one additional interceptor and production
manufacturer for the U.S. Army’s low, slow, small-unmanned
aircraft integrated defeat system.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of the Army to
develop and implement a plan for the procurement and fielding of
additional kinetic effectors for low, slow, small-unmanned
aircraft integrated defeat system of the Army.
Sec. 114 – Report on procurement of energetic materials from
sources outside of the United States
The House bill contained a provision (sec. 112) that would
limit the Secretary of the Army from procuring certain end items
containing energetic materials that are in production at a
Federal Government-owned production facility until the Secretary
provides a certification to the congressional defense
committees.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would strike the funding limitation and require a
report on the procurement of energetic materials from sources
outside the United States.
We note that the Department of the Army has been unable to
sustain the ammunition industrial base to any level of
certainty. Previous munitions budgeting variability led to
closures and consolidations of the ammunition industrial base
including the Base Realignment and Closure of prominent
ammunition production capabilities. Budgeting uncertainty
continues today. For example, the U.S. Army programmed to
produce 34,380 rounds of 155mm ammunition production in 2014.
Today, the U.S. Army is projecting a contractor and organic
industrial base to produce a purported 1.2 million rounds of
155mm ammunition by early next year. We note that 1.2 million
rounds is a laudable goal that greatly exceeds Army acquisition
objectives and is being principally developed to support
rearming our allies and partners.
Additionally, we note that the U.S. Army has used the
Ukrainian supplemental appropriations to expand contractor
operations by direct investment into contractor facilities. We
believe that this contractor direct investment was necessary
because of the aforementioned budgeting variability and the
inability of industry to rely on any level of sustained U.S.
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Army ammunition investment. Finally, we believe that ammunition
production levels may return to previous de minimis level that
will cause the industrial base to again contract. We are
disturbed that the U.S. Army is unable to articulate the maximum
production capacity of the organic industrial base and believe
that maximum organic industrial base capacity should be obtained
before additional contractor sources are developed. We believe
that the organic industrial base needs to be prioritized to
ensure long-term capability is maintained. We support the
retention of ammunition organic industrial base so that when the
inevitable reduction of ammunition production is programmed, a
core organic industrial base can be retained for future
mobilization.
SUBTITLE C—NAVY PROGRAMS
Sec. 121 – Modifications to procurement authorities for certain
amphibious shipbuilding programs
The House bill contained a provision (sec. 132) that would
provide flexibility for procurement authorities for certain
amphibious shipbuilding programs.
The Senate committee-reported bill contained a similar
provision (sec. 130A).
The agreement includes the House provision with an
amendment that would clarify the authorization to enter into
economic order quantity contracts provided in section 129 of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263) and allow the Navy to use advance
procurement authority across the two ship programs.
Sec. 122 – Modification of requirement to incorporate advanced
degaussing systems into Arleigh Burke class destroyers
The Senate committee-reported bill contained a provision
(sec. 127) that would delay the required implementation of an
advanced degaussing system in the Arleigh Burke-class destroyer
from fiscal year 2025 until fiscal year 2028 in order to have
this design change match the beginning of the next destroyer
multiyear contract.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We also expect the Navy to exercise due diligence in
resolving problems that have arisen in installing an advanced
degaussing system on the San Antonio-class amphibious transport
dock.
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Sec. 123 – Extension of prohibition on availability of funds for
Navy port waterborne security barriers
The Senate committee-reported bill contained a provision
(sec. 121) that would amend section 130(a) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232) by extending the prohibition on the use of funds
for waterborne security barriers through fiscal year 2025.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 124 – Modification of annual report on cost targets for
certain aircraft carriers
The House bill contained a provision (sec. 131) that would
modify the annual report on cost targets for aircraft carriers
to include additional cost data fidelity and subsequent Fordclass aircraft carriers.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 125 – Designation of official responsible for autonomous
surface and underwater dual-modality vehicles
The House bill contained a provision (sec. 135) that would
require the Secretary of the Navy to designate an official who
is responsible for autonomous surface and underwater dualmodality vehicles.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 126 – Multiyear procurement authority for CH–53K aircraft
and T408 engines
The House bill contained a provision (sec. 133) that would
provide the Secretary of the Navy with multiyear procurement
authority for CH–53K aircraft and T408 engines.
The Senate committee-reported bill contained a provision
(sec. 126) that would authorize the Secretary of the Navy to
enter into a block buy contract for CH-53K aircraft and
multiyear procurement authority for T408 engines.
The agreement includes the House provision.
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Sec. 127 – Recapitalization of tactical fighter aircraft of the
Navy Reserve
The House bill contained a provision (sec. 134) that would
require the Secretary of the Navy to assign only to the Navy
Reserve all F/A–18E/F Super Hornet aircraft procured using funds
appropriated for the Navy for fiscal year 2022 or fiscal year
2023.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require that: (1) Eight F/A–18E/F Super
Hornet aircraft from the fiscal year 2023 procurement go to U.S.
Navy Reserve; (2) The Secretary of the Navy develop a cost
estimate for establishing any of the existing U.S. Navy Reserve
fighter squadrons tactically deployable to meet geographical
combatant commander operational requirements; and (3) Remove the
mandate for establishing a tactically deployable U.S. Navy
Reserve F/A-18E/F squadron until the cost estimate is submitted
and assessed by Congress.
Sec. 128 – Limitation on the construction of the Landing Ship
Medium
The House bill contained a provision (sec. 136) that would
prohibit the obligation or expenditure of funds authorized to be
appropriated by this Act for the procurement of the Medium
Landing Ship (LSM) until the Secretary of the Navy certifies
that the LSM design is not based on more than 35 percent
military specifications. It would also require the Secretary of
the Navy to submit a report to the congressional defense
committees detailing the differences in cost and construction
schedules between a ship design based on military specifications
and a design that uses commercial standards and elements.
The Senate committee-reported bill contained a similar
provision (sec. 123) that would prohibit the Secretary of the
Navy from awarding a contract for the LSM program, including
construction of the lead ship, until basic and functional design
are certified to be complete.
The agreement includes the Senate provision with an
amendment that would provide that: (1) This design completion
restriction would not apply to a commercial or non-developmental
design for an LSM; and (2) The Navy Service Acquisition
Executive could waive the requirements for full and open
competition for the lead ship of the LSM program if the design
of the LSM were commercial or non-developmental.
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Sec. 129 – Limitation on availability of funds for
Constellation-class frigate program pending certification on
basic and functional design
The Senate committee-reported bill contained a provision
(sec. 122) that would prohibit the Secretary of the Navy from
obligating or expending any funds authorized for fiscal year
2025 for the construction of a Constellation-class frigate until
the Secretary of Defense certifies that 95 percent of functional
design drawings have been approved by the designated technical
authority. The provision would also require the Comptroller
General of the United States to assess the Secretary of
Defense’s compliance with the requirements and evaluate the
completeness of functional design.
The House bill contained no similar provision.
The agreement includes the Senate provision with minor
technical amendments.
Sec. 130 – Limitation on structural improvements and electrical
power upgrades for AH–1Z and UH–1Y helicopters
The House bill contained a provision (sec. 137) that would
require the Navy to conduct all structural improvement and
electrical power upgrades for AH–1Z Viper and UH–1Y Venom
helicopters at the original equipment manufacturer (OEM) until
the Secretary of the Navy certifies that the plan for carrying
out the upgrades elsewhere would result in: (1) Greater
performance; (2) Improved on-board electrical capacity; (3)
Improved and expanded weapons interfaces; and (4) Improved ease
of maintenance.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment to require that the Secretary certify that an
alternate source for the upgrades provide matching or improved
performance compared to the OEM.
Sec. 131 – Annual report on surface ship suppliers
The Senate committee-reported bill contained a provision
(sec. 125) that would require the Secretary of the Navy to
submit an annual report to the congressional defense committees
analyzing suppliers of surface ship components.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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SUBTITLE D—AIR FORCE PROGRAMS
Sec. 141 – Extension of limitations and minimum inventory
requirement relating to RQ–4 aircraft
The Senate committee-reported bill contained a provision
(sec. 137) that would extend the sunset date for section 9062 of
title 10, United States Code, regarding RQ-4 aircraft by 1 year
until the end of fiscal year 2029.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 142 – Annual report on Air Force tactical fighter aircraft
force structure
The Senate committee-reported bill contained a provision
(sec. 136) that would require the Secretary of the Air Force to
provide an annual report reflecting a 10-year plan for Air Force
fighter aircraft force structure, recapitalization, training,
and sustainment of the active and reserve components of the Air
Force.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 143 – Modifications to inventory requirements for certain
aircraft
The House bill contained a provision (sec. 152) that would
reduce the number of fighter aircraft that the Air Force would
be required to maintain from 1,145 aircraft to a level of 1,106
aircraft. This reduction would account for the planned
retirement of 39 primary mission aircraft inventory (PMAI) A-10
aircraft.
The Senate committee-reported bill contained a similar
provision (sec. 138) that would authorize the Air Force to
retire a portion of the current fighter aircraft inventory. The
provision would approve the Air Force request to retire the
following aircraft: (1) 56 total aircraft inventory (TAI) A10s; (2) 65 TAI F-15C/Ds; and (3) 11 TAI F-16C/Ds. The provision
would not allow the Air Force to divest 26 F-15E or 32 F-22
aircraft.
The agreement includes the House provision with an
amendment that would include authority to reduce 36 PMAI F-15Cs,
and 3 PMAI F-16s. Force structure for the F-15E fleet is
addressed elsewhere in the Act.
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Sec. 144 – Extension of prohibition on certain reductions to
inventory of E–3 airborne warning and control system aircraft
The Senate committee-reported bill contained a provision
(sec. 131) that would require the U.S. Air Force to maintain 16
E-3 Airborne Warning and Control System (AWACS) aircraft until
the E-3 AWACS can be replaced by E-7 Wedgetail aircraft, or
until the retirement of the E-3 AWACS would create no lapse in
U.S. Air Force capabilities.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 145 – Extension of requirements relating to C–130 aircraft
The House bill contained a provision (sec. 153) that would
require the Air Force to maintain the C–130 total aircraft
inventory at 271 aircraft, with a sunset date of October 1,
2025. It would also extend the prohibition on reducing the C-130
inventory in the Air National Guard through fiscal year 2025.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 146 – Management of temporary relocation of B–1 bomber
aircraft and personnel
The Senate committee-reported bill contained a provision
(sec. 132) that would amend section 133 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81), as
amended by section 136 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31), to require the
Secretary of the Air Force to actively manage the existing B-1
bomber force structure as the fleet transitions to the B-21
bomber.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 147 – Consolidation of authorities relating to Air Force
landing gear
The House bill contained a provision (sec. 157) that would
require the U.S. Air Force to consolidate supply chain
management, item management, and delegated engineering
authorities of landing gear systems for certain aircraft under
the Air Force Sustainment Center.
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The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 148 – Recapitalization of air refueling tanker aircraft of
the reserve components of the Air Force
The House bill contained a provision (sec. 156) that would
require the Secretary of the Air Force to replace current Air
National Guard and Air Force Reserve air refueling aircraft with
an air refueling aircraft that has capabilities equivalent to or
exceeding the capabilities of the aircraft being replaced.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would: (1) Require the Secretary of the Air Force
to replace reserve component KC-135 aircraft on a one-for-one
basis; (2) Prevent the Secretary from moving KC-135 aircraft
from another reserve component unit for the purposes of
satisfying this one-for-one replacement requirement; (3) Prevent
the Secretary from reducing the air refueling tanker inventory
of the Air Reserve Components below the force structure level
identified in the fiscal year 2025 budget request; and (4) In
the event a reserve component unit is assigned a greater number
of KC-135s than are to be replaced by KC-46 aircraft, require
that any such aircraft remain within the reserve components for
redistribution.
Sec. 149 – Prohibition on reduction of KC-135 aircraft in PMAI
of the reserve components
The House bill contained a provision (sec. 151) that
would: (1) Raise the number of air refueling aircraft required
to be maintained by the Air Force from 466 to 474; and (2)
Prevent the Air Force from reducing the number of primary
mission aircraft inventory KC–135 aircraft in the Air Force
Guard and Reserve.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would exclude raising the required number of air
refueling aircraft.
Sec. 150 – Prohibition on retirement of F–15E aircraft and
requirement to conduct fighter aircraft capabilities and
requirements study
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The House bill contained a provision (sec. 154) that would
prohibit the retirement of any F–15E tactical fighter aircraft,
with certain exceptions, until the Secretary of Defense submits
a fighter aircraft capability and requirements study that
estimates the number of Air Force fighter aircraft needed to
meet the requirements of geographical combatant commanders.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would include a prohibition on retirement of F-15
aircraft through fiscal year 2027.
Sec. 151 – Notification of delays in delivery of MH–139 aircraft
The House bill contained a provision (sec. 158) that would
require the Secretary of the Air Force to notify the Committees
on Armed Services of the Senate and the House of Representatives
of any delay in delivery of MH–139 aircraft within 30 days of
becoming aware of such delay.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 152 – Plan and requirements for fielding air base air
defense sites at Air Force installations
The House bill contained a provision (sec. 1055) that
would require the Secretary of the Air Force to develop a plan
to support fielding of air base air defense sites at Air Force
installations. This section would further require the Secretary
to ensure that no fewer than four sites are fielded by September
30, 2027.
The Senate committee-reported bill contained a similar
provision (sec. 135).
The agreement includes the House provision, amended to
require: (1) The Secretary consult with U.S. Northern Command;
and (2) That two of the four air base air defense locations be
located in the United States.
Sec. 153 – Plan for establishment and maintenance of F–16
simulators at Air National Guard training centers
The House bill contained a provision (sec. 159) that would
require the Secretary of the Air Force, in coordination with the
Director of the Air National Guard, to develop and implement a
plan to fully fund the establishment and maintenance of F–16
simulators at training centers of the Air National Guard.
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The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would remove the mandate to implement the plan
and require the Secretary and the Air National Guard to provide
a cost estimate of a plan to establish F-16 simulators at
various locations. We also expect the Secretary of the Air Force
and the Director of the Air National Guard to promptly develop
and implement a plan that determines the funding required to
permanently install required aircraft arresting gear equipment
to support operational requirements at the various basing
locations transitioning to the F-16 tactical-fighter aircraft.
Sec. 154 – Plan for sustainment and recapitalization of Air
National Guard fighter fleet
The Senate committee-reported bill contained a provision
(sec. 134) that would require the Secretary of the Air Force to
develop a plan for modernizing all 25 fighter aircraft squadrons
in the Air National Guard.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary to include: (1) The
overall impact on operational considerations and budgets on the
ability of the total force to field fighter forces; and (2) The
timetable and estimated costs of implementing such a plan.
SUBTITLE E—DEFENSE-WIDE, JOINT, AND
MULTISERVICE MATTERS
Sec. 161 – Modification to Air Force and Navy use of commercial
dual-use parts in certain aircraft and engines
The House bill contained a provision (sec. 171) that would
amend section 161 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263) to
expand coverage to include new parts in the consideration of
acquiring spares for use in commercial derivative aircraft and
engines and aircraft based on commercially designed aircraft.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
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Sec. 162 – Measures to increase supply chain resiliency for
small unmanned aerial systems
The House bill contained a provision (sec. 223) that would
require the Department of Defense to dismantle and identify the
origin of components of a Da Jiang Innovations drone. It also
contained a provision (sec. 178) that would require the Under
Secretary of Defense for Acquisition and Sustainment to conduct
a study to identify sources of secure parts for unmanned
aircraft systems.
The Senate committee-reported bill contained a provision
(sec. 871) that would require the Secretary of Defense, in
coordination with the Under Secretary of Defense for Acquisition
and Sustainment, the Undersecretary of Defense for Research and
Engineering, and the Secretaries of the military departments, to
submit a strategy to develop a secure domestic and allied supply
chain of critical components for small uncrewed aerial systems.
The agreement includes the House provision (sec. 223) that
includes an amendment that would require the Department of
Defense to develop an integrated set of measures to identify
risks in the small uncrewed aerial systems (sUAS) supply chain
and increase resiliency of such sUAS supply chain from domestic
and allied sources. These measures would include a requirement
for disassembly and analysis of commercially available foreign
drone aircraft; development of supply chain framework (including
a determination of whether any foreign companies should be added
to the list pursuant to 1260H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) as a result of this analysis); and development of a
resilient supply chain strategy for sourcing of critical
components.
Sec. 163 – Policy on qualifications of contractors for intoplane fuel deliveries for heavy-lift aircraft
The House bill contained a provision (sec. 172) that would
require the Director of the Defense Logistics Agency to develop
and implement a policy that establishes factors for determining
the qualifications of fixed-based operators bidding on contracts
to provide into-plane fuel deliveries for heavy-lift aircraft at
airports with sufficient weight-bearing capacity.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
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Sec. 164 – Prohibition on operation, procurement, and
contracting related to foreign-made light detection and ranging
technology
The House bill contained a provision (sec. 173) that would
prohibit the Department of Defense from purchasing or operating
covered light detection and ranging technology that was
manufactured by the People’s Republic of China or another
covered foreign entity.
The Senate committee-reported bill contained a provision
(sec. 883) that would prohibit the Secretary of Defense from
operating or entering into contracts for procurement of light
detection and ranging technology from covered foreign countries.
The agreement includes the House provision.
Sec. 165 – Limitation on procurement of F–35 aircraft pending
certification on improvements and correction of deficiencies
The House bill contained a provision (sec. 174) that would
permit the Secretary of Defense to accept delivery of only 48 of
58 F–35 aircraft authorized for procurement during fiscal year
2025 until the Secretary submits to the congressional defense
committees certain corrective action plans and acquisition
strategies that will improve research, development, testing,
evaluation, production and sustainment issues and deficiencies
identified across multiple areas within the F–35 program
enterprise. The provision would also require the Secretary of
Defense to provide annual updates, for 5 consecutive years
beginning on April 1, 2025, for all corrective actions and plans
implemented by the Secretary.
The Senate committee-reported bill contained a similar
provision (sec. 133) that would amend section 226 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118–31) to require more information on the plans of the
Department of Defense to upgrade the Joint Strike Fighter (JSF)
propulsion and thermal management systems.
The agreement includes the House provision with minor
technical changes.
We understand that the F-35 prime contractor has committed
to investing $350.0 million of its own resources to improve
program execution and increase efficiencies with development,
testing, and fielding of new hardware and software capabilities.
This, in part, is to address shortages that the prime contractor
faces within the program’s enterprise. We encourage other major
subcontractors participating in the program to also consider
investing internal financial resources into the program to
enable more efficiencies and greater productivity to accelerate
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the development, testing, and fielding of new and more advanced
capabilities that are required to counter existing and future
threats from adversaries.
Sec. 166 – Assessments of inventory requirements for air-to-air
missiles
The House bill contained a provision (sec. 175) that would
require the Secretary of the Air Force and the Secretary of the
Navy, in coordination with the commanders of certain
geographical combatant commands, to jointly conduct an
assessment of the sufficiency of established inventory
requirements for air-to-air missiles within the Armed Forces
under the jurisdiction of each service Secretary. This section
would also require the Secretary of the Air Force to conduct a
cost-benefit and technical risk assessment of developing and
procuring an extended range AIM–120D missile to augment the
existing inventories.
The Senate committee-reported bill contained a similar
provision (sec. 143) that would require an assessment of
inventories of air-to-air missile. It would require the
Secretaries to develop recommendations to adjust the planned mix
of missiles, including an assessment of whether extending the
range or capability of existing air-to-air missiles would better
support combined combatant command requirements at medium risk.
The agreement includes the Senate provision with an
amendment that would add a requirement to submit an unclassified
report, which may include a classified annex, to the
congressional defense committees not later than April 1, 2025.
Sec. 167 – Plan for signals intelligence capabilities of armed
overwatch aircraft
The Senate committee-reported bill contained a provision
(sec. 142) that would require the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict and the
Commander, U.S. Special Operations Command, to submit a plan for
integrating signals intelligence capabilities on fielded armed
overwatch aircraft.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Report on Black Hawk helicopter program
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The House bill contained a provision (sec. 113) that would
direct the Secretary of the Army, not later than 30 days after
the date on which the budget of the President for fiscal year
2026 is submitted to Congress pursuant to section 1105 of title
31, United States Code, to submit to the congressional defense
committees a report on Modernization of the Black Hawk
helicopter program of the Army.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct that, not later than 30 days after the date on
which the budget of the President for fiscal year 2026 is
submitted to Congress pursuant to section 1105 of title 31,
United States Code, the Secretary of the Army shall submit to
the congressional defense committees a report on Modernization
of the Black Hawk helicopter program of the Army. The report
shall include:
(1) Identification of the program elements and level
of funding requested for the Black Hawk Modernization program
for the period of fiscal years 2026 through 2030 set forth
separately by fiscal year and appropriations account;
(2) Requirements for the program that are sufficient
to ensure the Black Hawk helicopters of the Army are
systematically modernized to address obsolescence, improve
performance, and provide capabilities that ensure relevance in
the joint all domain operational environment; and
(3) A program acquisition strategy for Black Hawk
Modernization.
Plan for providing certain aircraft to the Army National Guard
The House bill contained a provision (sec. 114) that would
require the Secretary of the Army to submit a plan for providing
certain aircraft to the Army National Guard.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of the Army to submit a plan, not
later than March 31, 2025, to congressional defense committees
for providing the following aircraft to relevant aviation units
of the Army National Guard in a manner that is consistent with
provision of the same air frames with Active-Duty aviation units
and operational requirements. The aircraft described in this
subsection are the following:
(1) AH–64E aircraft;
(2) MQ–1C M25 aircraft;
(3) CH–47 aircraft;
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(4) UH–60M aircraft; and
(5) Future Long-Range Assault Aircraft.
Development of requirement for shipping container production
facility at domestic Army installation
The House bill contained a provision (sec. 115) that would
require the Secretary of Defense to develop a requirement for
the establishment of a shipping container production facility
within the United States at an Army installation found to meet
feasibility and readiness goals.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note the importance of having a secure source of supply
for shipping containers in order to meet the deployment and
sustainment requirements of the Department of Defense.
Therefore, we direct the Secretary of Defense, not later than 90
days after the date of the enactment of this Act, to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives on the feasibility and advisability
of developing a requirement for the establishment of a shipping
container production facility within the United States.
Sense of Congress on aircraft carrier procurement
The House bill contained a provision (sec. 138) that would
recommend that the Secretary of Defense and the Secretary of the
Navy optimize aircraft carrier acquisition strategies to balance
operational, taxpayer, and industrial interests, revise the
Ford-class strategy to align with key analyses and national
security goals, and ensure CVN–82 procurement by fiscal year
2028.
The Senate committee-reported bill contained a similar
provision (sec. 130).
The agreement does not include either provision.
We agree that the Secretary of Defense and the Secretary
of the Navy should follow direction in the House and Senate
bills.
Limitation on use of funds pending submission of report on plan
for long-term Air Force fighter force structure
The House bill contained a provision (sec. 155) that would
prohibit the obligation or expenditure of more than 75 percent
of travel funds of the Secretary of the Air Force during fiscal
year 2025 until the Secretary submits to the congressional
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defense committees the delinquent report required by section
148(c) of the National Defense Authorization Act for Fiscal Year
2024 (Public Law 118–31).
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We are aware that the Air Force had completed the report
required by section 148(c) earlier this year, but chose not to
release the report in sufficient time to inform the
congressional budget process. In order to ensure Congress can
conduct thorough oversight of the Department of Defense, the Air
Force must be more transparent with the congressional defense
committees and must meet reporting deadlines as directed by
existing law.
Funding for C-130 modular airborne firefighting system
The House bill contained a provision (sec. 160) that would
provide an additional $20.0 million for the Modular Airborne
Firefighting System, offset by a similar reduction from the VC25B system development and demonstration program.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
The specific authorization of appropriations amounts can
be found in the funding tables.
Requirement for minimum number of air logistics complexes
The House bill contained a provision (sec. 161) that would
require the Secretary of the Air Force to continuously operate
not less than three air logistics complexes.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the three public Air Force logistics centers
play a critical role in support of our national defense by
ensuring the readiness and sustainability of the Air Force. The
three public logistics centers provide comprehensive
maintenance, repair, and overhaul services for a wide range of
aircraft, munitions, and weapon systems, ensuring that these
assets remain operational and effective. The strategic location
and specialized expertise of each of the three public logistics
centers enable the Air Force to respond to emerging threats,
strengthen our national defense, and ensure that the Air Force
maintains air superiority in an evolving global environment.
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Modification to multiyear procurement authority for certain
critical minerals
The House bill contained a provision (sec. 176) that would
modify the multiyear procurement authority for certain critical
minerals.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note the existing authority of section 152 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118-31) that provides the Department of Defense with the
authority for multiyear procurement of domestically processed
critical minerals. We continue to work with the Department of
Defense on the utility and feasibility of rare earth recycling
and note that the House report accompanying this Act included a
briefing requirement on the export of end-of-life equipment
containing rare earth elements outside the United States.
Sense of Congress on domestic procurement of defense articles
for AUKUS partnership
The House bill contained a provision (sec. 177) that would
express the sense of Congress regarding domestic procurement of
defense articles for the Australia-United Kingdom-United States
partnership.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Australia-United Kingdom-United States
partnership, known as AUKUS, is critical for establishing a
strong and integrated web of defense cooperation in the IndoPacific region. We recognize that researching, producing, and
procuring defense articles for the AUKUS partnership from within
the United States has the potential to enhance domestic defense
production capabilities and make for stronger and more resilient
allied supply chains. We encourage the Secretary of Defense to
continue to promote and encourage domestic manufacturing, supply
chains, and research for defense articles that are intended for
use by members of the AUKUS partnership, and promote
opportunities to integrate partner and domestic capabilities to
the extent practicable.
Strategy for Army active protection systems
The Senate committee-reported bill contained a provision
(sec. 112) that would direct the Secretary of the Army to submit
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a strategy to the congressional defense committees, not later
than September 30, 2025, for the testing, procurement,
integration, and fielding of active protection systems on Army
ground combat vehicles.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of the Army, not later than
September 30, 2025, to submit to the congressional defense
committees a report on the testing, procurement, integration,
and fielding of vehicle protection systems on Army ground combat
vehicles.
The report shall include:
(1) The status of all vehicle protection systems
previously considered, tested, integrated, or procured by the
Army;
(2) The status of any Army projects to develop its
own vehicle protection system, including an explanation for the
Army’s decision to compete with commercial alternatives;
(3) The Army’s plan to solicit bids for its modular
vehicle base kit;
(4) A plan to conduct operational testing of all
vehicle protection systems, including any system being developed
by the Army, which shall assess:
(a) a shot by each system under the same
conditions;
(b) multishot capability;
(c) collateral damage;
(d) damage to witness plates or vehicles;
(e) ability to defeat threats of concern to
the Army, including:
(i) full top attack threats;
(ii) kinetic energy rounds;
(iii) unmanned aerial systems, by
class; and
(iv) fuzed missiles;
(f) ability to upgrade each system to address
future threats;
(g) weight and power draw of each system; and
(h) such other matters as the Secretary
determines relevant.
(5) A strategy for the Army to integrate, test, and
achieve a program of record for active vehicle protection
systems on current and future combat vehicle fleets. In
developing the strategy, the Secretary of the Army shall
consider the following objectives and factors:
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(a) the risks incurred by the Army in its
current active vehicle protection system posture of limited
integration onto ground vehicle fleets;
(b) lessons learned from active vehicle
protection systems in ongoing armed conflicts;
(c) the capabilities of active vehicle
protection systems from foreign or domestic entities;
(d) the acquisition and lifecycle costs of
each active vehicle protection system identified in section (1)
of the report; and
(e) the Army’s plan for modularity, including
the ability to use the same active vehicle protection system
across multiple platforms.
Authority for the procurement, leasing, or chartering of a
medium-sized landing ship
The Senate committee-reported bill contained a provision
(sec. 124) that would authorize the Secretary of the Navy to
enter into a contract or other agreement for the procurement,
leasing, or chartering of a commercial or non-developmental ship
that meets core U.S. Marine Corps requirements for operational
sealift and landing troops, equipment, and supplies to a beach.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
BUDGET ITEMS
Stryker Family of Vehicles
We recognize that the Army’s eight Stryker Brigade Combat
Teams (SBCT) continue to demonstrate their indispensable value
in helping the service meet its global commitments. Current Army
platform modernization efforts invest in fielding cutting-edge
capabilities for combat vehicles in the Infantry and Armored
Brigade Combat Teams but do not support platform modernization
for SBCTs. We are interested in understanding the Army’s longterm investment and modernization strategy as it relates to
future SBCT force structure; Stryker vehicle upgrades;
elimination of flat bottom hull variants and formations; and
other capabilities that Stryker vehicles could host, such as
Electromagnetic Warfare (EW), Short Range Air Defense (SHORAD) /
Counter-Unmanned Aerial Systems (C-UAS), and mission command
22
systems across the Army. Therefore, we direct the Secretary of
the Army to provide a report on the Army’s long-term Stryker
investment plan to the congressional defense committees not
later than March 31, 2025.
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
Sec. 201 – Authorization of appropriations
The House bill contained a provision (sec. 201) that would
authorize appropriations for research, development, test, and
evaluation at the levels identified in section 4201 of division
D of this Act.
The Senate committee-reported bill contained an identical
provision (sec. 201).
The agreement includes this provision.
SUBTITLE B—PROGRAM REQUIREMENTS,
RESTRICTIONS, AND LIMITATIONS
Sec. 211 – Modification of certain requirements relating to the
Joint Energetics Transition Office
The House bill contained a provision (sec. 211) that would
require the Secretary of Defense to establish a budget line for
the Joint Energetics Transition Office and establish a course of
instruction for the development of energetic materials and
ensuring the safety of explosives.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would clarify the budget and funding requirements
of the Joint Energetics Transition Office.
Sec. 212 – Modification to annual report on unfunded priorities
of the Under Secretary of Defense for Research and Engineering
The House bill contained a provision (sec. 212) that would
require the Secretary of Defense to coordinate with the
Secretaries of the military departments on military construction
projects to be submitted as unfunded priorities.
The Senate committee-reported bill contained no similar
provision.
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The agreement includes the House provision with an
amendment that would clarify projects must reach at least 35
percent design complete to be viable.
Sec. 213 – Modification to defense laboratory education
partnerships
The House bill contained a provision (sec. 213) that would
amend section 2194(b) of title 10, United States Code, to permit
defense laboratories to provide direct financial assistance for
educational partnership agreements.
The Senate committee-reported contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 214 – Extension of Global Research Watch Program
The Senate committee-reported bill contained a provision
(sec. 212) that would amend section 4066 of title 10, United
States Code, to extend the Global Research Watch program from
2025 to 2035.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 215 – Expansion of authority for technology protection
features activities
The Senate committee-reported bill contained a provision
(sec. 216) that would amend section 4067 of title 10, United
States Code, to expand the authority of the Department of
Defense to conduct exportability planning activities to
strengthen ally and partner military capability, and improve
coalition interoperability.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 216 – Modification to personnel management authority to
attract experts in science, engineering, and certain other
disciplines
The House bill contained a provision (sec. 215) that would
improve the ability of the Defense Innovation Unit, Strategic
Capabilities Office, Office of Strategic Capital, and the Space
Development Agency to attract and more rapidly hire new types of
staff.
24
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
We note that the Department of Defense has several direct
hire and other personnel management authorities which support
the tailored needs of the Department in attracting and retaining
personnel in specialized and highly skilled areas. We also
understand the challenges of managing those authorities, and
coordinating with the Office of Personnel Management to utilize
the full range of existing authorities when possible.
Therefore, we direct the Under Secretary of Defense for
Personnel and Readiness to provide a briefing to the Committees
on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2025, on the processes
and challenges in managing these direct hiring authorities and
coordinating with the Office of Personnel Management.
Sec. 217 – Codification of the Laboratory Quality Enhancement
Program
The Senate committee-reported bill contained a provision
(sec. 217) that would amend subchapter III of chapter 303 of
title 10, United States Code, to make permanent the authority
for the Laboratory Quality Enhancement Program that was
established in section 211 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328).
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 218 – Modification to consortium on use of additive
manufacturing for defense capability development
The House bill contained a provision (sec. 216) that would
amend section 223 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31) and require the additive
manufacturing consortium to develop systems to support certain
capabilities.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would clarify that the Department of Defense
should utilize the consortium on additive manufacturing to
develop a process for the certification of new advanced
manufacturing materials and processes for flight critical parts.
25
Sec. 219 – Modification to continuous capability development and
delivery program for F–35 aircraft
The House bill contained a provision (sec. 217) that would
amend section 225(b) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31) to require the
Secretary of Defense to procure at least nine new developmental
testing aircraft from any production lot of aircraft beginning
with Lot 18 or later.
The Senate committee-reported bill contained a similar
provision (sec. 5141).
The agreement includes the House provision.
Sec. 220 – Modifications to test program for engineering plant
of DDG(X) destroyer vessels
The Senate committee-reported bill contained a provision
(sec. 214) that would amend section 221 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) by
requiring the full-scale testing of a minimum of two electric
propulsion motor technologies.
The House bill contained no similar provision.
The agreement includes the Senate provision, amended to
include a requirement that the systems tested must demonstrated
a minimum of 40 megawatts of reserve power.
We also direct the Secretary of the Navy to produce a
comprehensive report identifying the sustainment and life cycle
cost of the two electric propulsion motor technologies tested
and submit said report to the congressional defense committees
by March 1, 2025.
Sec. 221 – Improvements relating to defining, identifying, and
planning the artificial intelligence workforce of the Department
of Defense
The Senate committee-reported bill contained a provision
(sec. 231) that would require the Secretary of Defense, not
later than 180 days after the date of the enactment of this Act,
to fully define and identify the Department of Defense
artificial intelligence workforce, in coordination with the
Under Secretary of Defense for Personnel and Readiness, the
Chief Digital and Artificial Intelligence Officer, and the Chief
Information Officer.
The House bill contained a provision (sec. 248) that would
require a report on artificial intelligence workforce of the
Department of Defense not later than 180 days after the date of
the enactment of this Act.
26
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 222 – Modification to artificial intelligence education
strategy
The House bill contained a provision (sec. 247) that would
amend section 256 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) by adding an additional
requirement to the artificial intelligence education program
concerning education of the force on artificial intelligence
(AI).
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Chief Digital and Artificial
intelligence Officer of the Department of Defense to develop
distance education courses on AI available to the force within
180 days of enactment of this Act.
Sec. 223 – Modification of CVN–73 to support fielding of MQ–25
unmanned aerial vehicle
The House bill contained a provision (sec. 218) that would
modify the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115–232) for the modification of
CVN–73 to support fielding of the MQ–25.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 224 – Modification to innovators information repository in
the Department of Defense
The House bill contained a provision (sec. 228) that would
modify section 220 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) by
requiring the head of the Defense Technical Information Center
to update the innovators information repository with some new
data elements.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
27
Sec. 225 – Duties of Chief Digital and Artificial Intelligence
Officer Governing Council relating to artificial intelligence
models and advanced artificial intelligence technologies
The Senate committee-reported bill contained a provision
(sec. 242) that would expand the duties of the Chief Digital and
Artificial Intelligence Officer Governing Council.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 226 – Ensuring compliance with Department of Defense policy
when awarding research grants
The Senate committee-reported bill contained a provision
(sec. 211) that would amend section 1286 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) to require Department of Defense (DOD) components
to conduct periodic examinations of research awards made to
institutions of higher education in order to ensure compliance
with current DOD research security policy.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 227 – Extension and modification of Directed Energy Working
Group
The Senate committee-reported bill contained a provision
(sec. 246) that would amend section 219(d) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328) to extend the Directed Energy Working Group by 5 years.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment that would add additional program cost
details to the reoccurring briefing requirement.
Sec. 228 – National Defense Economic Competition Research
Council
The Senate committee-reported bill contained a provision
(sec. 239) that would require the Secretary of Defense to
establish and charter a council to identify, evaluate, and
coordinate research efforts relating to economic competition
activities that undermine the defense strategy of the United
States and its partners and allies, and require that the council
regularly solicit input from the Joint Staff and combatant
commands on needs, problem statements, or other topics relating
28
to research on economic competition activities to support their
respective areas of responsibility.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 229 – Agility Prime Transition Working Group
The House bill contained a provision (sec. 219) that would
establish a working group to assist in the transition of hybrid
and electric vertical take-off and landing technologies
developed under the Air Force’s Agility Prime program.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 230 – Authority for temporary assignment of employees of
the Office of Strategic Capital to certain private-sector
organizations
The House bill contained a provision (sec. 221) that would
allow the Secretary of Defense, acting through the Director of
Office of Strategic Capital, to carry out a program under which
Director arranges for the temporary assignment of an employee of
the Office to a qualifying private-sector organization.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 231 – Quantum Benchmarking Initiative
The Senate committee-reported bill contained a provision
(sec. 243) that would require the Director of the Defense
Advanced Research Projects Agency to establish a Quantum Scaling
Initiative to rapidly expand and support the development of
fault-tolerant utility-scale quantum computing capability
available to the Department of Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 232 – Expansion of participation in the Digital On-Demand
Program
29
The House bill contained a provision (sec. 230) that would
require the Secretary of Defense to take steps necessary to
expand participation in the Digital On-Demand program.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 233 – Management and utilization of digital data to enhance
maintenance activities
The Senate committee-reported bill contained a provision
(sec. 245) that would require the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the
Secretaries of the military departments and the Chief Digital
and Artificial Intelligence Officer of the Department of
Defense, to develop and implement policies to manage and utilize
data derived from digital data systems for aircraft, ships, and
ground vehicles in support of maintenance activity.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 234 – Electromagnetic spectrum demonstration program
The Senate committee-reported bill contained a provision
(sec. 235) that would require the Chief Information Officer of
the Department of Defense to test wideband adaptive signal
processing for simultaneous transmission and reception of
signals on the same electromagnetic spectrum frequency band.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
We believe that Department of Defense access to the
electromagnetic spectrum remains vital to national security and
homeland defense; and that such interests should frame
considerations regarding increasing demand for civilian access
to electromagnetic spectrum bands reserved for national
security.
We believe that wideband adaptive signal processing shows
promise as part of a broader suite of dynamic spectrum sharing
(DSS) technologies. We note that the National Spectrum Strategy
(NSS) Implementation Plan promotes demonstration of advanced DSS
technologies and techniques. We also note strong congressional
support for such a demonstration: most recently in the House
report accompanying H.R. 2760 (H. Rept. 118-125) of the National
Defense Authorization Act for Fiscal Year 2024. We believe that
the rapid and thorough conduct of such a demonstration is
essential, not just to show the feasibility of additional
30
spectrum access for civilian spectrum users without compromising
Department of Defense and intelligence community missions and
capabilities, but also to demonstrate the Department of
Defense’s good-faith and collaboration with industry, academia,
and other Federal departments and agencies.
We emphasize the Department of Defense memorandum titled
“Dynamic Spectrum Sharing Demonstration,” dated September 18,
2024, and support the rapid pace of directed activities. We are
aware that the conduct of DSS demonstration requires sustained
effort across fiscal years and Department of Defense
organizations. Therefore, we direct the Secretary of Defense,
not later than March 1, 2025, to provide a briefing to the Armed
Services Committees of the House of Representatives and the
Senate on the plan required in the memorandum for developmental
prototyping, experimentation, and testing activities related to
a DSS demonstration, including anticipated funding requirements
for fiscal year 2025 and the future years defense program.
Sec. 235 – Competitive demonstration of automated target
recognition algorithms
The Senate committee-reported bill contained a provision
(sec. 213) that would require the Chief Digital and Artificial
Intelligence Officer (CDAO) of the Department of Defense to
incorporate into a global information dominance experiment a
competitive demonstration of at least two different automated
target recognition (ATR) algorithms to determine the most
suitable source of development.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment that would require the development of a
venue and processes, including a specified set of baseline
scenarios, for comparative testing of automated target
recognition algorithms to determine mission performance.
We direct the Deputy Secretary of Defense to provide a
briefing to the congressional defense committees, not later than
February 1, 2025, on the share of resources contributed by
relevant offices, including DIU, CDAO, and the military
services, to implementation of this section.
Furthermore, we direct the CDAO to provide a report to the
congressional defense committees, not later than December 20,
2025, on the development of ATR algorithms across the Department
of Defense, including a review of implementation of this section
and a status report on the development of approved information
technology infrastructure to allow the sharing, training, and
use of models.
31
Sec. 236 – Pilot program on development of near-term use cases
and demonstration of artificial intelligence toward
biotechnology applications for national security
The House bill contained a provision (sec. 241) that would
require the Under Secretary of Defense for Research and
Engineering, in coordination with the Chief Digital and
Artificial Intelligence Officer, to develop a plan for the
establishment of a secure computing and data storage environment
to facilitate the testing of artificial intelligence (AI) models
trained on biological data and the development and testing of
products generated by such models.
The Senate committee-reported bill contained a similar
provision (sec. 236) that would require the Secretary of Defense
to establish a pilot program focused on the development of nearterm use cases and demonstrations of AI toward biotechnology
applications for national security.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 237 – Pilot program on use of artificial intelligence for
certain workflow and operations tasks
The Senate committee-reported bill contained a provision
(sec. 241) that would require the Secretary of Defense, in
consultation with the Under Secretary of Defense for Acquisition
and Sustainment, the Secretary of the Army, Secretary of the
Navy, and Secretary of the Air Force, not later than 60 days
after the date of the enactment of this Act, to carry out a
pilot program to assess the feasibility and advisability of
using artificial intelligence-enabled software to optimize the
workflow operations for (1) depots, shipyards, or other
manufacturing facilities; and (2) contract administration for
the Department, including the adjudication and review of
contracts managed by the Defense Contract Management Agency.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 238 – Limitation on availability of funds for fundamental
research collaboration with certain academic institutions
The House bill contained provisions (sec. 225, 226, and
1316) that would prohibit institutions of higher education that
conduct research funded by the Department of Defense (DOD) from
entering into agreements with covered nations or foreign
entities of concern; prohibit funds from being appropriated to
32
any institution of higher education which conducts fundamental
research with countries of concern; and require the Secretary of
Defense to provide a report on the feasibility and effects of
implementing a prohibition on DOD funds for any individual or
institution located in a country of concern.
The Senate committee-reported bill contained a similar
provision (sec. 218).
The agreement includes the Senate provision with a
clarifying amendment.
SUBTITLE C—PLANS, REPORTS, AND OTHER
MATTERS
Sec. 241 – Incorporating human readiness levels into research,
development, test, and evaluation activities
The Senate committee-reported bill contained a provision
(sec. 244) that would require the Secretary of Defense to
initiate a review of the American National Standards Institute
(ANSI) and Human Factors and Ergonomics Society (HFES) Standard
400-2021 to determine whether any materials from this standard
can and should be incorporated or referenced in Department of
Defense (DOD) procedures and guidance material in order to
enhance safety in relation to human factors. The provision would
also require the Secretary to conduct preliminary mapping of the
current human readiness levels of DOD, based on the ANSI and
HFES Standard 400-2021, and how these levels align with the
current technology readiness levels of major development and
acquisition programs, as defined in section 4201 of title 10,
United States Code.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 242 – Biotechnology roadmap
The House bill contained a provision (sec. 243) that would
require the Secretary of Defense to develop a biotechnology
roadmap to guide efforts of the Department of Defense relating
to biotechnology.
The Senate committee-reported bill contained a similar
provision (sec. 237).
The agreement includes the House provision with a
clarifying amendment.
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Sec. 243 – Plan to advance interests of Department of Defense in
matters relating to electromagnetic spectrum in international
fora
The Senate committee-reported bill contained a provision
(sec. 232) that would require the Secretary of Defense to
develop and implement a 5-year plan for advancing Department of
Defense interests in matters relating to the electromagnetic
spectrum in international engagements or fora.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 244 – Strategic plan for quantum information science
technologies within the Department of Defense
The House bill contained a provision (sec. 220) that would
require the Secretary of Defense to develop a strategic plan to
guide the development and maturation of quantum information
sciences (QIS) technologies within the Department of Defense and
military services and require the Secretary to establish a
center of excellence for quantum computing at an existing
military service laboratory.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
We are aware of QIS research and development underway
across the military service research laboratories and believe
this work will be critical to maintaining United States
leadership in this emerging technology area. For example,
ongoing QIS work taking place at Air Force Research Laboratory
(AFRL) Rome is making strides in advancing the technology
readiness level of QIS technologies and developing the requisite
technical workforce needed for the United States to lead in QIS.
We encourage AFRL and the other service research laboratories to
continue these efforts.
Sec. 245 – Defense Science Board study on long-term operations
and availability of Kwajalein Atoll as a Major Range and Test
Facility Base
The Senate committee-reported bill contained a provision
(sec. 240) that would require the Defense Science Board to
assess the feasibility and advisability of designating the
Ronald Reagan Ballistic Missile Defense Test Site and United
34
States Army Garrison Kwajalein Atoll as facilities and resources
comprising the Major Range and Test Facility Base.
The House bill contained no similar provision.
The agreement includes the Senate provision with technical
and conforming amendments.
LEGISLATIVE PROVISIONS NOT ADOPTED
Funding for National Defense Education Program
The House bill contained a provision (sec. 202) that would
increase, by $5.0 million, the funding for the National Defense
Education Program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Authorization of specific funding amounts can be found in
the funding tables.
Use of partnership intermediaries to promote defense research
and education
The House bill contained a provision (sec. 214) that would
clarify the authorities for defense laboratories to enter into
partnership intermediary agreements.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Pilot program on establishment of a test and evaluation cell
within the Defense Innovation Unit
The House bill contained a provision (sec. 222) that would
establish a pilot program within the Defense Innovation Unit to
conduct test and evaluation.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
The Defense Innovation Unit (DIU) has evolved greatly over
the last decade, but we believe continued maturation of the
organization requires a thoughtful approach for its long-term
test and evaluation strategy. We recognize the potential
challenges DIU may face in test and evaluation including access
to range time, adequate data collection, and evaluation tools,
as these challenges are pervasive across the test and evaluation
community. Because of the nature of its mission to rapidly
identify and field capabilities, there is also a challenge in
35
balancing rapid fielding needs with the potential to integrate
into the broader, traditional test and evaluation enterprise.
Therefore, we direct the Director of the DIU to submit a
report to the congressional defense committees not later than
June 1, 2025, detailing:
(1) DIU’s current test and evaluation strategy, to
include planned efforts in coordination with the Director of the
Test Resource Management Center, the Director for Developmental
Test, Evaluation and Assessments, and the Director, Operational
Test and Evaluation;
(2) Any barriers or challenges to execution of these
plans;
(3) DIU’s plans for future test and evaluation
activities, including any anticipated spending and staffing
estimates;
(4) DIU’s planned use of digital ranges or other
test infrastructure for software or data systems;
(5) Best practices for test and evaluation for
commercial and non-traditional technologies;
(6) Any plans to leverage software solutions to
better maximize test data collection and post-test evaluation;
and
(7) Any other information the Director deems
relevant.
Program on limited objective experimentation in support of Air
Force operations
The House bill contained a provision (sec. 224) that would
require the Commander, Air Force Research Laboratory, to carry
out limited objective experimentation (LOE) in coordination with
a partnership intermediary.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We are aware of successful LOE activities ongoing at the
Air Force Research Laboratory, including through the Northeast
Multi-Domain Operations Alliance. We understand this alliance
has effectively brought together government and non-government
organizations to execute an experimentation initiative to
accelerate the development, demonstration, and fielding of
innovative capabilities to solve multi-domain operational
challenges. We encourage other elements of the Department of
Defense’s innovation enterprise to leverage these existing
partnerships and collaborative regional ecosystems to further
36
develop, experiment, and integrate cross domain solutions across
the joint force.
Disclosure requirements for persons performing research or
development projects for the Department of Defense
The House bill contained a provision (sec. 227) that would
amend section 4001 of title 10, United States Code, by adding a
new subsection on disclosure requirements.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Prohibition on availability of funds for canine and feline
research
The House bill contained a provision (sec. 229) that would
prohibit the use of funds for conducting biomedical research or
testing using canines or felines.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Study and report on foreign capital disclosure requirements of
certain Department of Defense organizations
The House bill contained a provision (sec. 242) that would
require the Secretary of Defense, not later than 60 days after
the date of the enactment of this Act, to enter into a contract
or other agreement with a federally funded research and
development center to conduct an independent study on the
foreign capital disclosure requirements of organizations of the
Department of Defense that routinely engage with commercial
entities backed by private equity or venture capital funds.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note the desirability of harmonizing capital disclosure
requirements across the Department, the Federal Government, and
allies and partners. We therefore direct the Secretary of
Defense to provide to the congressional defense committees by
July 15, 2025, a briefing on the foreign capital disclosure
requirements of organizations of the Department of Defense that
routinely engage with commercial entities backed by private
equity or venture capital funds. The briefing should include the
following:
37
(1) A comparison of current foreign capital
disclosure requirements used by organizations within the
Department of Defense that engage with commercial entities
backed by private equity or venture capital funds, including the
Defense Innovation Unit, National Security Innovation Capital,
and other such organizations within the Department and across
the services;
(2) A description of any business intelligence, due
diligence information, classified information, and other
information sources available to such organizations to assist
the organizations in formulating and executing foreign capital
disclosure requirements;
(3) A description of the extent to which such
foreign capital disclosure requirements are shared with
commercial entities;
(4) A description of best practices for foreign
capital disclosure requirements across the Department of
Defense, including best practices for flexibly implementing such
requirements;
(5) An assessment of the feasibility of harmonizing
the best practices as described above across the Department of
Defense in a responsive manner;
(6) A description of relevant foreign capital
disclosure requirements that are used elsewhere within the
Federal Government and by relevant international allies,
partners, and organizations;
(7) A description of such other factors as may be
relevant to inform the implementation of coordinated, effective
foreign capital disclosure requirements across the Department of
Defense and international allies and partners; and
(8) Such other information as the Secretary deems
appropriate.
Authority for Secretary of Defense to enter into an agreement
for an assessment of biotechnology capabilities of adversaries
of the United States
The House bill contained a provision (sec. 244) that would
authorize the Secretary of Defense to enter into an agreement
with a federally funded research and development center to
conduct an assessment related to biotechnology.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide to the
congressional defense committees a report that includes the
findings and recommendations of a federally funded research and
38
development center assessment related to biotechnology not later
than June 15, 2025. Such report shall include-
(1) A literature review of scientific topics related
to biotechnology of military interest;
(2) An evaluation of the scientific capabilities of
potential adversaries of the United States, such as the People’s
Republic of China, Iran, and the Russian Federation, related to
biotechnology;
(3) A review of the current gaps and future
scientific and technological needs for adversaries of the United
States to be successful with respect to biotechnology
capabilities; and
(4) Recommendations with respect to useful
indications of any advancement of such adversaries regarding
such capabilities.
Such report shall be submitted in unclassified form but
may contain a classified annex.
Due to the need to inform elements of the Department
broadly on the needs and gaps in this technology space, we also
urge the Secretary to ensure the assessment underlying the
report is transmitted to other relevant offices of the
Department of Defense, including the offices of the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering, the Under
Secretary of Defense for Policy, the Under Secretary of Defense
for Intelligence and Security, and the Office of Net Assessment.
Sense of Congress on research and development of solid rocket
motor mixing technology and the missile industrial base
The House bill contained a provision (sec. 245) that would
establish a sense of Congress on the research and development of
solid rocket motor mixing technologies.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We are aware of new and efficient solid rocket motor
mixing technologies that could augment existing domestic
production capabilities for solid rocket motors and assist in
increasing the production of tactical missiles. We encourage the
Department of Defense to pursue research and development of
these advanced propellant mixing technologies for solid rocket
motor propulsion systems.
Funding for demonstration of high-pressure waterjet cut and
capture system to demilitarize underwater munitions
39
The House bill contained a provision (sec. 246) that would
increase by $5.0 million in PE 63779A for the demonstration of
high-pressure waterjet cut and capture system to demilitarize
underwater munitions.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Increase in funding for high-hypersonic detonation propulsion
research and technology
The House bill contained a provision (sec. 249) that would
increase, by $5.0 million, the funding for high-hypersonic
detonation propulsion research and technology.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Authorization of specific funding amounts can be found in
the funding tables.
Increase in funding for adaptive and intelligent adversarythreat models
The House bill contained a provision (sec. 250) that would
increase, by $5.0 million, the funding for adaptive and
intelligent adversary-threat models.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Authorization of specific funding amounts can be found in
the funding tables.
Funding for surface and shallow water mine counter-measures
The House bill contained a provision (sec. 251) that would
provide an additional $9.0 million for surface and shallow water
mine countermeasures, offset by a similar reduction from the
Chalk Coral program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
The specific authorization of appropriations amounts can
be found in the funding tables.
Report on potential inclusion of Israel in the national
technology and industrial base
40
The House bill contained a provision (sec. 252) that would
require the Secretary of Defense to assess the feasibility and
advisability of including Israel in the national technology and
industrial base.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than September 30, 2025, on the
feasibility and advisability of including Israel in the national
technology and industrial base (NTIB). The briefing shall
include but not be limited to: (1) A detailed assessment of the
potential benefits or consequences of including Israel in the
NTIB; (2) Any relevant security information that would create
obstacles to expand NTIB; (3) Any identified gaps in NTIB that
could be resolved by expanding NTIB; (4) Any other matter that
the Secretary considers to be relevant. The briefing may include
a classified annex.
Plan on hacking for defense expansion
The House bill contained a provision (sec. 253) that would
require the Secretary of Defense, not later than 180 days after
the date of the enactment of this Act, to submit to the
congressional defense committees a plan for the expansion of the
Hacking for Defense program of the Department of Defense over
the period of three fiscal years following the date of the plan.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that elements from this provision are addressed
elsewhere in this Act.
Report on potential strategic partnership between the Defense
Innovation Unit and the Taiwan Ministry of National Defense
The House bill contained a provision (sec. 254) that would
require the Secretary of Defense to assess the feasibility and
advisability of establishing a strategic partnership between the
Defense Innovation Unit and the Taiwan Ministry of National
Defense and provide a report on such assessment.
The Senate committee-reported bill contained a similar
provision (sec. 233).
The agreement does not include either provision.
41
We direct the Director of the Defense Innovation Unit to
submit to the congressional defense committees a report on
expanding the geographic presence of the Defense Innovation
Unit, including through partnerships with other organizations,
not later than April 1, 2025. This report shall include the
following:
(1) The current geographic distribution of the
personnel and offices of the Defense Innovation Unit, including
identification of the number of full-time equivalent civilians
and contractors associated with each location;
(2) An assessment of opportunities to leverage other
entities to expand geographic presence through current or
planned partnerships that can support missions of the Defense
Innovation Unit based on the existing geographic and functional
footprint of those entities, such as Department of Defense
laboratories, program intermediaries, university affiliated
research centers, or the activities of the Hacking for Defense
program;
(3) A gap analysis between planned expansion of the
geographic presence of the Defense Innovation Unit and use of
partnerships to achieve nationwide geographic coverage for
activities of the Defense Innovation Unit;
(4) The current plan of the Director to expand the
geographic presence of the Defense Innovation Unit during the
next 5-year period to address the gaps analyzed pursuant to
paragraph (3), including resources required and any other policy
or regulatory challenges; and
(5) An assessment of both current international
partnerships and opportunities to deepen and expand
international partnerships, including through expansion of
Hacking for Defense program activities.
Sense of Congress on the continuing need for innovation in the
Armed Forces
The House bill contained a provision (sec. 255) that would
express the sense of Congress regarding the continuing need for
innovation in the Armed Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note the importance of a robust innovation ecosystem in
strengthening our national security. The U.S. military’s
innovative capacity in technological areas such as artificial
intelligence, quantum information sciences, advanced air
mobility, and counter-UAS systems is key to maintaining and
improving military readiness. We support continued expansion and
42
growth of innovation ecosystems for both national and economic
security needs.
Funding for alternative domestic source C-130J IRSS
The House bill contained a provision (sec. 256) that would
increase funding by $6.0 million for alternative domestic
sources for C-130J infrared suppression systems (IRSS), offset
by a corresponding reduction in funding for operational system
development, industrial base analysis and sustainment support.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
The specific authorization of appropriations amounts can
be found in the funding tables.
Funding for virtual engineering for army readiness and
sustainment
The House bill contained a provision (sec. 257) that would
increase funding for Virtual Engineering for Army Readiness and
Sustainment.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Funding for fuel cell multi-modular use utilizing hydrogen
The House bill contained a provision (sec. 259) that would
increase, by $10.0 million, the funding for Fuel Cell MultiModular Use Utilizing Hydrogen.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Authorization of specific funding amounts can be found in
the funding tables.
Funding for humanitarian airborne mobile infrastructure
capability
The House bill contained a provision (sec. 258) that would
increase, by $4.2 million, the funding for Humanitarian Airborne
Mobile Infrastructure Capability.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
43
Authorization of specific funding amounts can be found in
the funding tables.
Assignment of Department of Defense responsibility for
international collaboration on directed energy weapons
The Senate committee-reported bill contained a provision
(sec. 215) that would amend section 219 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) by
designating the senior Department of Defense official
responsible for directed energy, supported by the Joint Directed
Energy Transition Office, as the office with primary
responsibility for collaboration with international partners on
directed energy weapons.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Prohibition on award of research or development contracts or
grants to educational institutions that have violated certain
civil rights
The Senate committee-reported bill contained a provision
(sec. 220) that would prohibit the Department of Defense from
entering into any new contracts, or agreements, or making any
new grant awards to institutions of higher education that have
violated title VI of the Civil Rights Act of 1964 (Public Law
88-352) on or after 1 year after the date of the enactment of
this Act.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Report on obligations and expenditure rates for basic research
The Senate committee-reported bill contained a provision
(sec. 234) that would require a report from the Under Secretary
of Defense, Comptroller on the obligation and expenditure rates
for Department of Defense basic and applied research.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that a similar reporting requirement was included
in the House Report 118-529. We remain concerned with the
Department of Defense’s obligation and expenditure policies for
basic and applied research at academic institutions given the
incongruence of the academic year and the federal fiscal year.
The committee urges the Department to implement expenditure
benchmarks policies that consider delays in allocations to the
44
grantees and are more aligned with the fiscal policies and
calendars of academic institutions.
Therefore, we direct the Under Secretary of Defense,
Comptroller, in coordination with the Comptrollers of the
military departments and the Under Secretary of Defense for
Research and Engineering to submit a report to the congressional
defense committees, not later than 1 year after the date of the
enactment of this Act, on the obligation and expenditure rates
for Department of Defense basic and applied research that is
conducted at institutions of higher education for the previous
five fiscal years. The report shall also identify:
(1) The month of obligations and expenditures for
basic and applied research conducted at institutions of higher
education;
(2) Funds realigned from basic or applied research
budget lines due to not meeting obligations or expenditures
benchmarks throughout the fiscal year and made available for
other purposes; and
(3) A plan to implement revised expenditure
benchmarks related to research grants at institutions of higher
education.
Plan for optimization of Irregular Warfare Technical Support
Directorate
The Senate committee-reported bill contained a provision
(sec. 238) that would require the Secretary of Defense to submit
a plan to optimize the contributions of the Irregular Warfare
Technical Support Directorate in order to enable irregular
warfare activities in support of the 2022 National Defense
Strategy.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense, not later than 180
days after the date of the enactment of this Act, to submit to
the congressional defense committees a plan for optimizing the
contributions of the Irregular Warfare Technical Support
Directorate to the fulfillment of Department of Defense
irregular warfare activities in support of the National Defense
Strategy. At a minimum, the plan shall address efforts to more
effectively—
(1) Address emergent requirements within the year of
execution;
(2) Lessons learned from ongoing conflicts where the
U.S. is not a direct participant, if feasible;
(3) Focus and prioritize resources to rapidly
address Department of Defense user requirements;
45
(4) Coordinate efforts with the Office of
Acquisition, Technology, and Logistics of U.S. Special
Operations Command;
(5) Maximize contributions from foreign and nonDepartment of Defense partners; and
(6) Address other matters deemed relevant by the
Secretary.
Directed Energy Roadmap and Activity Funding Report
The Senate committee-reported bill contained a provision
(sec. 247) that would amend section 219(d) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328) to require a Directed Energy Roadmap and Activity Funding
Report annually until 2031.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Pilot program on establishing entities and consortia to conduct
prototyping and production of critical and emerging technologies
The Senate committee-reported bill contained a provision
(sec. 248) that would require the Secretary of Defense to carry
out a pilot program to establish one or more entities, including
consortia, to conduct prototyping and production activities for
such critical and emerging technologies as the Secretary shall
specify and require the Secretary to use other transaction
authority to carry out the program pursuant section 4022 of
title 10, United States Code.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We encourage the Department of Defense to use other
transaction authority (OTAs), including through consortia, to
conduct prototyping and production activities for the
Department’s 14 critical technology areas. We note that unlike
Federal Acquisition Regulation-based contracts, the Department
is not required to track the type of business performing on an
OTA. We note that elsewhere in this Act we are directing the
Department to track awards made through OTAs to provide a better
understanding of the types of businesses performing on OTAs.
Report on status of reusable hypersonic technology development
activities
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5232) that
would require the Secretary of Defense to provide a report on
46
the status of reusable hypersonic technology development
activities.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to provide a briefing,
not later than June 15, 2025, to the congressional defense
committees on the status of reusable hypersonic technology
development activities in the Department of Defense, including
the High Mach Turbine Engine. The briefing should include:
(1) A proposed organizational structure for
management of a reusable hypersonic aircraft development
program;
(2) An assessment of requirements and timeframe to
formalize such proposed organizational structure; and
(3) A cost estimate and timeline for testing key
enabling technologies and programs.
Prohibition on research or development of cell culture and other
novel methods used for the production of cultivated meat
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5233) that
would prohibit the use of funds for the research or development
of cell culture or any other novel method used for the
production of cultivated meat for human consumption.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
TITLE III—OPERATION AND MAINTENANCE
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS
Sec. 301 – Authorization of appropriations
The House bill contained a provision (sec. 301) that would
authorize appropriations for operation and maintenance
activities at the levels identified in section 4301 of division
D of this Act.
The Senate committee-reported bill contained an identical
provision (sec. 301).
The agreement includes this provision.
SUBTITLE B—ENERGY AND ENVIRONMENT
47
Sec. 311 – Modification of definition of antenna structure
project under Military Aviation and Installation Assurance
Clearinghouse for review of mission obstructions
The Senate committee-reported bill contained a provision
(sec. 313) that would amend section 183a(h)(2)(A)(ii) of title
10, United States Code, to address a technical correction.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 312 – Extension of period for cooperative agreements under
Native American lands environmental mitigation program
The House bill contained a provision (sec. 320) that would
extend the period for cooperative agreements under Native
American Lands Environmental Mitigation Program by 3 years.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 313 – Extension of requirement to establish a schedule of
black start exercises to assess the energy resilience and energy
security of military installations
The House bill contained a provision (sec. 311) that would
extend the requirement to conduct black start exercises from
2027 to 2032.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 314 – Change in timeframe for report on ability of
Department of Defense to meet requirements for energy resilience
and energy security measures on military installations
The House bill contained a provision (sec. 342) that would
amend the reporting requirement year in section 2029(g) of title
10, United States Code, by striking 2029 and inserting 2027.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 315 – Repeal of limitation on procurement of drop-in fuels;
annual report
The Senate committee-reported bill contained a provision
(sec. 317) that would repeal section 2922h of title 10, United
48
States Code, and require the Secretary of Defense to submit an
annual report if a bulk purchase of drop-in fuel was not costcompetitive with traditional fuel, and if the purchase was based
on a military requirement or not.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 316 – Extension of prohibition on required disclosure
The House bill contained a provision (sec. 312) that would
extend the prohibition on required disclosure by prime
contractors for 5 years.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would extend the prohibition by 2 years.
Sec. 317 – Increase of transfer authority for funding of study
and assessment on health implications of per- and
polyfluoroalkyl substances contamination in drinking water by
Agency for Toxic Substances and Disease Registry
The Senate committee-reported bill contained a provision
(sec. 322) that would extend to fiscal year 2025 the
authorization and funding transfer authority for the ongoing
study and assessment on human health impacts of per- and
polyfluoroalkyl substances in drinking water by the Centers for
Disease Control and Prevention.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 318 – Initiative to control and combat the spread of
coconut rhinoceros beetle in Hawaii
The House bill contained a provision (sec. 315) that would
authorize and direct the Secretary of Defense to enhance efforts
to support the control, interdiction, research, and eradication
efforts related to the coconut rhinoceros beetle (CRB) on
military installations in Hawaii.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment to clarify that interagency and intergovernmental
response efforts to control, interdict, monitor, and eradicate
the CRB are for military installations in Hawaii.
49
Sec. 319 – Prohibition on implementation of regulation relating
to minimizing risk of climate change
The House bill contained a provision (sec. 318) that would
prohibit funds from being used by the Department of Defense for
fiscal year 2025 to finalize or implement any rule based on the
advanced notice of the proposed rulemaking titled ‘‘Federal
Acquisition Regulation: Minimizing the Risk of Climate Change in
Federal Acquisitions.”
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 320 – Implementation of Inspector General recommendations
relating to oversight of defense fuel support points
The Senate committee-reported bill contained a provision
(sec. 311) that would direct the Secretary of Defense to
implement the recommendations of the Department of Defense
Inspector General report, published April 11, 2024, titled,
“Audit of the Defense Logistics Agency Oversight of Defense Fuel
Support Points” (DODIG-2024-075), not later than May 1, 2026, or
report explaining why the Secretary has not implemented those
recommendations.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 321 – Provision by Secretary of the Air Force of
meteorological data for Air Force and Army
The Senate committee-reported bill contained a provision
(sec. 314) that would clarify that the Secretary of the Air
Force is required to provide meteorological and environmental
services for the Department of the Air Force and meteorological
services for the Department of the Army.
The House bill contained no similar provision.
The agreement includes the Senate provision.
SUBTITLE C—LOGISTICS AND SUSTAINMENT
Sec. 331 – Joint Safety Council report and briefing requirements
The House bill contained a provision (sec. 341) that would
amend section 185 of title 10, United States Code, to require
biannual briefings from the Joint Safety Council that includes
releasable information regarding any mishap that occurred during
50
such year and identification of any corrective or preventative
action implemented pursuant to a recommendation made in a safety
or legal investigation report of such a mishap.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 332 – Modifications to Comptroller General annual reviews
of F–35 sustainment efforts
The House bill contained a provision (sec. 343) that would
amend section 357 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81) regarding the Comptroller
General of the United States’ annual reviews of the F–35 by
extending the reporting period and adding sustainment
considerations.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 333 – Plans regarding condition and maintenance of
prepositioned stockpiles of Navy, Marine Corps, and Air Force
The House bill contained a provision (sec. 331) that would
require the Navy, Marine Corps, and Air Force to develop a plan
to improve inspection procedures of prepositioned stockpiles and
conduct biannual inspections of these prepositioned stockpiles.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 334 – Warehouse utilization organization alignment
The Senate committee-reported bill contained a provision
(sec. 331) that would require each Secretary of a military
department, and the Director of the Defense Logistics Agency, to
provide a briefing on warehouse utilization and organizational
alignment.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 335 – Authority for Government-owned, Government-operated
facilities to access production base support funds
51
The Senate committee-reported bill contained a provision
(sec. 332) that would require the Secretary of Defense to
prescribe regulations allowing Government-owned, Governmentoperated facilities to be eligible to receive Production Base
Support funds from the U.S. Army.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 336 – Pre-positioned stocks of finished defense textile
articles
The Senate committee-reported bill contained a provision
(sec. 356) that would authorize the Secretary of Defense to
establish pre-positioned stocks of finished defense textile
articles needed to support a contingency operation.
The House bill contained no similar provision.
The agreement includes the Senate provision.
SUBTITLE D—REPORTS
Sec. 341 – Modification of readiness reports to include total
number of combat readiness upgrades or downgrades
The Senate committee-reported bill contained a provision
(sec. 341) that would amend paragraph (5) of section 482(b) of
title 10, United States Code, to modify the readiness reports to
Congress to include the total number of upgrades or downgrades
of the combat readiness of a unit issued by the unit commander,
rather than each unit summary with the rationale from each
reporting unit commander.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 342 – Extension and expansion of incident reporting
requirements for Department of Defense
The Senate committee-reported bill contained a provision
(sec. 342) that would extend the incident reporting requirement
regarding lost and stolen weapons and include the Committees on
Armed Services of the Senate and the House of Representatives.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 343 – Annual briefing on operational readiness of 53rd
Weather Reconnaissance Squadron prior to commencement of
official hurricane season
52
The Senate committee-reported bill contained a provision
(sec. 344) that would require the commanding officer of the 22nd
Air Force to provide a briefing on the operational readiness of
the 53rd Weather Reconnaissance Squadron.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
SUBTITLE E—OTHER MATTERS
Sec. 351 – Extension of authority for Secretary of Defense to
use Department of Defense reimbursement rate for transportation
services provided to certain non-Department of Defense entities
The budget request for fiscal year 2025 included a
proposal to extend the authority, granted in section 2642 of
title 10, United States Code, allowing the Secretary of Defense
to use the Department of Defense (DOD) reimbursement rate for
transportation services provided to certain non-DOD entities.
That authority allows DOD to provide transportation services
covered by that section at the same rate DOD charges DOD units
for similar services. The proposal requested a change in the
sunset date from October 1, 2024, to October 1, 2029.
The agreement includes a provision that would extend the
sunset date of this authority from October 1, 2024, to October
1, 2026. Furthermore, we direct the Secretary of Defense to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives not later than April 1,
2025, on how the Department uses this authority, the need for an
extension, and any other information the Secretary deems
relevant.
Sec. 352 – Improvements to FireGuard Program of National Guard
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5351) that
would allow the Secretary of Defense to enter into a contract or
cooperative agreement with a qualified individual or entity to
carry out the duties of the FireGuard Program.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 353 – Counter unmanned aerial system threat library
53
The Senate committee-reported bill contained a provision
(sec. 335) that would require the Secretary of the Army, through
the Joint Counter-small Unmanned Aerial Systems Office, to
establish and maintain a threat library, or expand and maintain
an existing library, to coordinate efforts across the Department
of Defense to counter unmanned aerial systems.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 354 – Limitation on availability of funds for travel
expenses of Office of Secretary of Defense until submission of
certain documents
The Senate committee-reported bill contained a provision
(sec. 353) that would limit the obligation and expenditure of
more than 75 percent of certain funds authorized for travel
expenses for the Office of the Secretary of Defense until the
Secretary provides to the congressional defense committees
certain outstanding reporting requirements.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 355 – Anti-lock brake system and electronic stability
control kit for certain Army vehicles
The Senate committee-reported bill contained a provision
(sec. 354) that would require the Secretary of the Army to
develop a plan to ensure that all high-mobility multipurpose
wheeled vehicles identified in the Tactical Wheeled Vehicle
Strategy have been retrofitted with an anti-lock brake system
and electronic stability control kit.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the requirement to ensure that all
high-mobility multipurpose wheeled vehicles are equipped with
anti-lock brake system and electronic stability control kit and
extend the timeline to complete the requirement.
Sec. 356 – Program for advanced manufacturing in the IndoPacific region
The House bill contained a provision (sec. 1082) that
would establish a pilot program to develop forward advanced
manufacturing capability in and for the U.S. Indo-Pacific
Command.
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The Senate committee-reported bill contained a similar
provision (sec. 357).
The agreement includes the Senate provision with a
clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Modifications to pilot program on use of sustainable aviation
fuel
The House bill contained a provision (sec. 313) that would
amend the Sustainable Aviation Fuel Pilot Program from the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117–263) to ensure the Greenhouse Gases,
Regulated Emissions, and Energy Use in Technologies model is
used to measure greenhouse gas emissions reductions under the
program, promoting increased accuracy in measurements and
preventing the exclusion of domestic, agricultural biofuels from
the program.
The Senate committee-reported bill contained a similar
provision (sec. 315).
The agreement does not include either provision.
Modification of temporary moratorium on incineration by
Department of Defense of perfluoroalkyl substances,
polyfluoroalkyl substances, and aqueous film forming foam
The House bill contained a provision (sec. 314) that would
amend Section 343(a)(2) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81) and end the
moratorium on per- and polyfluoroalkyl substances (PFAS)
destruction by allowing the Department of Defense to follow the
recent guidance put out by the Environmental Protection Agency
with regard to the destruction of PFAS.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We strongly encourage the Department of Defense to issue
appropriate guidance related to the destruction of PFAS, in
accordance with section 343(a)(1) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81).
Review and plan regarding biosecurity protocols for Hawaii
The House bill contained a provision (sec. 316) that would
direct the Department of Defense to review its biosecurity
protocols in Hawaii to prevent the introduction and spread of
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invasive species and would also direct the Department to create
a plan to improve biosecurity protocols in Hawaii and improve
coordination with state and local entities.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Pilot program to install propane-powered generators at a
domestic defense industrial base facility
The House bill contained a provision (sec. 317) that would
establish a pilot program to install propane-powered generators
at a qualified domestic organic defense industrial base
facility.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than April 1, 2025, on the
feasibility and advisability of establishing a pilot program to
install propane-powered generators at a domestic organic defense
industrial base facility. The briefing should include
information on current backup power capabilities at
installations, any necessary supply and storage infrastructure
requirements, any benefits to the resiliency and redundancy of
power generation, any costs associated with establishing the
pilot, and any other advantages and disadvantages that the
Secretary deems relevant.
Stormwater discharge permits for Department of Defense
facilities
The House bill contained a provision (sec. 319) that would
require the Secretary of Defense to request updated storm water
management system permits from the appropriate authorities to
allow for best practices to be implemented at storm water
outflows and prevent per- and polyfluoroalkyl substances
discharge from Department of Defense facilities.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Pilot program on improving Marine Corps supply chain and
logistics through the integration of artificial intelligence and
machine learning software solutions
56
The House bill contained a provision (sec. 332) that would
require the Commandant of the Marine Corps to establish a pilot
program in the Marine Corps to integrate artificial intelligence
(AI) and machine learning (ML) solutions to solve supply chain
and logistics challenges.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that such activities leveraging AI and ML
solutions could greatly benefit the Marine Corps by potentially
driving down costs and timelines associated with supply chain
and logistics challenges. We are aware of numerous commercially
developed solutions that could be leveraged to address Marine
Corps needs. We encourage the Marine Corps to continue testing
and evaluating AI/ML solutions to help address these types of
problem sets.
Responsiveness testing of Defense Logistics Agency
pharmaceutical contracts
The House bill contained a provision (sec. 333) that would
require the Director of the Defense Logistics Agency (DLA) to
amend DLA Instructions 5025.03 and 3110.01 to require DLA Troop
Support to coordinate annually with customers in the military
departments to conduct responsiveness testing of the DLA’s
contingency contracts for pharmaceuticals and to include the
results of that testing, as reported by customers in the
military departments, in the annual reports of the Warstopper
Program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We encourage the DLA to require DLA Troop Support to
coordinate annually with customers in the military departments
to conduct responsiveness testing of the DLA’s contingency
contracts for pharmaceuticals and to include the results of that
testing, as reported by customers in the military departments,
in the annual reports of the Warstopper Program.
Investment plan for Department of Defense depots and industrial
facilities
The House bill contained a provision (sec. 334) that would
require the Secretary of Defense, in coordination with the
Secretary of each of the military departments, to submit an
investment plan that includes detailed information about the
minimum annual investment in Department of Defense depots and
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industrial facilities that is needed to prevent further
infrastructure deterioration.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, not later than 180
days after the date of the enactment of this Act, to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives on the minimum required annual
investments across the future years defense program to arrest
further facilities deterioration in government-owned,
government-operated depots and industrial facilities that
maintain critical equipment and weapons systems. We note the
existing requirement in section 2473 of title 10, United States
Code, for the secretaries of the military departments to provide
annual five-year plans on improvement of depot infrastructure so
as to encourage prudent and timely investment. We commend the
Department of the Army for their use of this tool to
successfully advocate for infrastructure improvements and
encourage the other services to follow suit.
Study on firefighter rapid intervention team training and
equipment at Department of Defense facilities
The House bill contained a provision (sec. 344) that would
require the Department of Defense to conduct a study on the
training and equipment of firefighter Rapid Intervention Teams
on military facilities to ensure that such teams have up-to-date
training and equipment on different crisis scenarios, including
port facility fires.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than September 30, 2025, on the
training standards for firefighter rapid intervention teams and
the use of equipment by such teams at military installations.
The briefing shall include: (1) The extent to which, if any,
such training and equipment is standard across firefighter rapid
response intervention teams on military installations; (2)
Whether such training and equipment is sufficient to prepare
such teams for fires on ships that dock at military
installations; and (3) A description of any incident, if any,
that occurred in the last 10 years in which a firefighter was
injured or killed at a military installation and could have been
58
prevented had the firefighters involved received different
training or equipment.
Joint Safety Council review of Comptroller General report on
fatigue of members of the Armed Forces
The House bill contained a provision (sec. 345) that would
require the Joint Safety Council to review Government
Accountability Office (GAO) reports on addressing servicemember
fatigue and provide a briefing on steps to address the GAO’s
findings.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Joint Safety Council (JSC), established
under section 185 of title 10, United States Code, to review the
issues identified in the report of the Comptroller General of
the United States titled “Military Readiness: Comprehensive
Approach Needed to Address Service Member Fatigue and Manage
Related Efforts” (GAO-24-105917) and provide a briefing, not
later than September 1, 2025, to congressional defense
committees on steps the JSC is taking to address the findings of
the Comptroller General and to reinvigorate efforts to limit the
fatigue of members of the Armed Forces. The briefing shall
include JSC actions taken related to:
(1) Insufficient oversight authority at the
Department of Defense level;
(2) A lack of assigned leadership on fatigue-related
matters within the Armed Forces; and
(3) Fragmented fatigue-related research efforts
across the Department.
Study on use and presence of toxic chemicals in Panama Canal
Zone
The House bill contained a provision (sec. 346) that would
require the Armed Forces Pest Management Board to conduct a
study on the use and presence of herbicide agents and toxic
chemicals by the Department in the Panama Canal Zone during the
period beginning on January 1, 1958, and ending on December 31,
1999.
The Senate committee-reported bill contained no similar
provision.
The agreement does not includes the House provision.
We direct the Secretary of Defense, not later than 90 days
after the date of the enactment of this Act, to provide a
briefing to the Committees on Armed Services of the Senate and
59
the House of Representatives on the use and presence of
herbicide agents as a result of Department of Defense activities
in the Panama Canal Zone between January 1, 1958 and December
31, 1999. The briefing shall include an assessment to determine
the degree to which herbicide agents, including those known as
“rainbow herbicides”, were used, tested, stored, or otherwise
dispensed within the Panama Canal Zone while servicemembers were
stationed there, as well as any adverse impact on servicemembers
by the use of such herbicide agents.
Report on wildfire fighting capabilities of the Department of
Defense in Hawaii
The House bill contained a provision (sec. 347) that would
require the Secretary of Defense to provide a report on wildfire
fighting capabilities of the Department of Defense in Hawaii.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than March 1, 2025 with an assessment
of the wildfire fighting capabilities of the Department of
Defense in Hawaii, including any shortfalls in firefighting
equipment, facilities, training, plans, or personnel. The
briefing shall include a determination of the feasibility and
advisability of establishing a wildfire training institute on
Oahu, an identification of any additional authorities or
resources required to integrate the capabilities of the
Department of Defense with the capabilities of other Federal,
State, and local emergency responders, and an identification of
any memoranda or other agreements between the Department and
State, local, Federal, or other disaster response organizations
regarding wildland fire mitigation, prevention, response, and
recovery.
Briefing on Army organizational clothing and equipment used in
cold and extreme cold weather environments
The House bill contained a provision (sec. 348) that would
require the Secretary of the Army to provide a briefing on the
modernization and sustainment plans of the Army for
organizational clothing and equipment used in cold and extreme
cold weather environments.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
60
We note that the Senate report accompanying S.4638 (S.
Rept. 118-188) of the National Defense Authorization Act for
Fiscal Year 2025 already directed a briefing requirement on the
modernization and sustainment plans of the Army for
organizational clothing and equipment used in cold and extreme
cold weather environments. We direct the Army to include the
House Committee on Armed Services as a recipient of this
briefing requirement.
Provision of sports foods and third-party certified dietary
supplements to members of the Armed Forces
The House bill contained a provision (sec. 352) that would
authorize the Secretary of Defense to use appropriated funds to
procure sports foods and third-party certified dietary
supplements and distribute such foods and supplements to members
of the Armed Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Funding for base support
The House bill contained a provision (sec. 353) that would
increase, by $5.0 million, the funding for base support.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Availability of operation and maintenance appropriations for
software
The House bill contained a provision (sec. 354) that would
amend section 2241(a) of title 10, United States Code, to add a
new paragraph that would allow for operations and maintenance
funds to be used for acquisition, development, modification, and
sustainment of software.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Initiative to control and combat the spread of invasive species
The Senate committee-reported bill contained a provision
(sec. 312) that would require the Secretary of Defense to
enhance efforts to manage, control, and interdict invasive
species that exacerbate the risk of wildfire that could affect
61
the readiness of the Armed Forces, the health and safety of
servicemembers, and their families and surrounding communities.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than March 1, 2025, on the
feasibility and advisability of the Department of Defense
enhancing efforts through the Integrated Natural Resource
Management Plans and other relevant management and operational
plans to manage, control, and interdict invasive species,
including those that exacerbate the risk of wildfire, that could
affect the readiness of the Armed Forces and the health and
safety of servicemembers and their families. The briefing shall
include: (1) the feasibility and advisability of additional
resources and funding for Department of Defense activities in
support of managing, controlling, and interdicting invasive
species; (2) a review of current Department of Defense protocols
and procedures, including gaps and differences between military
installations, for biosecurity and efforts to prevent the spread
of invasive species on military installations; (3) options to
establish early detection and rapid response mechanisms to
monitor and deploy coordinated interdiction efforts for any
invasive species newly detected on military installations; and
(4) a review of post-fire land rehabilitation efforts using
native vegetation and other methods to preclude the
reestablishment of invasive species.
Study and report on the greenhouse gas and toxic pollutant
emissions of the production and utilization of non-tactical
vehicles of the Department of Defense
The Senate committee-reported bill contained a provision
(sec. 316) that would require the Comptroller General of the
United States to conduct a study on the greenhouse gas and toxic
pollutant emissions lifecycle in the production and use of
electric non-tactical vehicles over the lifetime of the vehicle
relative to a comparable model of non-tactical vehicles
possessing an internal combustion engine and require the
Secretary of Defense to provide a report on the aforementioned
study.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Comptroller General of the United States to
conduct and submit to the Armed Services Committees of the
Senate and the House of Representatives a study on the
greenhouse gas and toxic pollutant emissions lifecycle in the
62
production and utilization of electric non-tactical vehicles
over the lifetime of the vehicle relative to a comparable model
of non-tactical vehicle possessing an internal combustion
engine. Such study shall include: (1) the estimated reduction in
carbon emissions associated with the adoption of electric
vehicles across the non-tactical vehicle fleet; (2) a
comparative analysis of non-tactical efficiency, maintenance
costs, and lifecycle emissions of electric vehicles versus
traditional combustion engine vehicles; and (3) a cost-benefit
analysis of investing in electric vehicle infrastructure
compared to the fully burdened costs, advantages, and
disadvantages of internal combustion engines for non-tactical
use by the Department of Defense.
We direct the Secretary of Defense, not later than 120
days after the Comptroller General’s completion of the study to
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the use of non-tactical
electric vehicles by the Armed Forces, which shall include: (1)
an assessment of non-tactical vehicle capabilities to determine
different mission profiles and scenarios supported by electric
vehicles and internal combustion vehicles; (2) an estimation of
the expected lifespan and durability of electric vehicles under
non-tactical conditions, including an evaluation of maintenance
requirements and costs associated with the lifetime of the
vehicle; (3) an evaluation of the logistical implications of
integrating electric vehicles into the non-tactical vehicle
fleet, including infrastructure requirements for charging or
refueling, compatibility with existing supply chains, and
potential challenges relating to spare parts availability and
maintenance support; and (4) an identification of risks and
challenges associated with the procurement and deployment of
electric vehicles, such as technological obsolescence,
cybersecurity vulnerabilities, and geopolitical dependencies on
critical components.
Interim responses to address releases or threatened releases of
perfluoroalkyl and polyfluoroalkyl substances
The Senate committee-reported bill contained a provision
(sec. 321) that would codify existing Department of Defense
policy for the military services to take action to address any
release or threatened release of per- and polyfluoroalkyl
substances.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Plan for secondary sources in the munitions supply chain
63
The Senate committee-reported bill contained a provision
(sec. 334) that would require the Secretary of the Army to
develop a plan to provide options to establish secondary
domestic production sources at existing arsenals, depots, and
ammunition plants of the U.S. Army to address munition supply
chain chokepoints.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of the Army to provide a plan
providing options to the Committees on Armed Services of the
Senate and the House of Representatives, not later than June 1,
2025, to establish secondary domestic production sources at
existing arsenals, depots, and ammunition plants of the U.S.
Army to address munition supply chain chokepoints. The plan
shall draw on existing supply chain mapping conducted by the
Department of Defense and other studies conducted by the U.S.
Army. The plan shall include an assessment of the feasibility
and advisability of expanding the scope of activities at all
existing depots, arsenals, and ammunition plants of the U.S.
Army to serve as secondary sources for single points of supply
chain failure and reopening of any previously closed depots,
arsenals, and ammunition plants of the U.S. Army.
Extension of protection of certain facilities and assets from
unmanned aircraft
The Senate committee-reported bill contained a provision
(sec. 352) that would amend section 130i of title 10, United
States Code, to extend the sunset date of the authority of the
Department of Defense to counter threats from unmanned aerial
systems to United States military forces and facilities.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Coordination of planning with respect to stockpiles of basic
life sustaining and personnel items and equipment
The Senate committee-reported bill contained a provision
(sec. 355) that would require the Department of Defense to
assess whether stockpiles of basic life sustaining personnel
items and equipment are sufficient in the event of a protracted
conflict scenario.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct, not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Chairman
64
of the Joint Chiefs of Staff and each equivalent acquisition
officer of the military departments, to conduct an assessment
of: (1) Whether total force stockpiles of basic life sustaining
personnel items and equipment, as listed below, are sufficient
in the event of direct involvement by the United States in a
protracted conflict or in more than one large-scale conflict
taking place simultaneously in more than one theater; (2) The
likely impact on supply chains of procurement by the Department
of said items and equipment in a situation so described; and (3)
Whether current operational plans of the Armed Forces can be
executed in two separate theaters simultaneously without drawing
on the same stockpiles of basic life sustaining and personnel
items and equipment.
The basic life sustaining personnel items and equipment
included in the assessment shall include: (1) Subsistence items,
including food and food-related supplies, including condiments,
utensils, paper products, and bottled water; (2) Clothing,
individual equipment, tentage, organizational tool kits, hand
tools, and administrative and housekeeping supplies and
equipment; (3) Personal demand items that are non-military sales
items; and (4) Such other items as the Chairman of the Joint
Chiefs of Staff may identify.
Upon completion of the assessment, we direct the Under
Secretary of Defense for Acquisition and Sustainment in
coordination with the Chairman of the Joint Chiefs of Staff to
jointly submit to the congressional defense committees a report
containing the findings and determinations made pursuant to the
required assessment. The report shall include at a minimum the
availability of stockpiles of weather and terrain appropriate
tires for tactical vehicles, as well as mobile extreme weather
shelters for maintenance of military vehicles.
The term “protracted conflict” means any armed conflict
that extends beyond anticipated timelines set forth or implied
in strategic planning documents or operational plans, such that
the cumulative effects of hostilities result in the military
goals set forth in strategic plans no longer being sufficient to
end the conflict.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
SUBTITLE A—ACTIVE FORCES
Sec. 401 – End strengths for active forces
The House bill contained a provision (sec. 401) that would
authorize Active-Duty end strength as of September 30, 2025 as
65
follows: Army, 442,300; Navy, 332,300; Marine Corps, 172,300;
Air Force, 320,000; and Space Force, 9,800.
The Senate committee-reported bill contained an identical
provision (sec. 401).
The agreement includes this provision.
Sec. 402 – Annual end-strength authorization for the Space Force
The Senate committee-reported bill contained a provision
(sec. 402) that would require Space Force end strength
authorization to consist of a single number for Space Force
active status members; and make corresponding technical and
conforming amendments.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 403 – Temporary exclusion of mental health care providers
from authorized strengths of certain officers on active duty
The House bill contained a provision (sec. 1831) that
would amend section 523(b) of title 10, United States Code, to
authorize the Department of Defense to exclude certain health
care providers from authorized end strengths under such section.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would make the end strength exclusion temporary;
and require the Secretary of Defense to provide a legislative
proposal to eliminate permanent exclusions to end strength
determinations under section 523 of title 10, United States
Code.
SUBTITLE B—RESERVE FORCES
Sec. 411 – End strengths for Selected Reserve
The House bill contained a provision (sec. 411) that would
authorize end strengths for Selected Reserve personnel,
including the end strength for Reserves on Active Duty in
support of the Reserves, as of September 30, 2025 as follows:
Army National Guard, 325,000; Army Reserve, 175,800; Navy
Reserve, 57,700; Marine Corps Reserve, 32,500; Air National
Guard, 107,700; Air Force Reserve, 67,000; and Coast Guard
Reserve, 7,000.
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The Senate committee-reported bill contained a similar
provision (sec. 411) that would authorize end strengths for
Selected Reserve personnel, including the end strength for
Reserves on Active Duty in support of the Reserves, as of
September 30, 2025 as follows: Army National Guard, 325,000;
Army Reserve, 175,800; Navy Reserve, 57,700; Marine Corps
Reserve, 32,500; Air National Guard, 108,300; Air Force Reserve,
67,000; and Coast Guard Reserve, 7,000.
The agreement includes the Senate provision.
Sec. 412 – End strengths for Reserves on active duty in support
of the Reserves
The House bill contained a provision (sec. 412) that would
authorize end strengths for Reserves on Active Duty in support
of the Reserves as of September 30, 2025 as follows: Army
National Guard, 30,845; Army Reserve, 16,511; Navy Reserve,
10,132; Marine Corps Reserve, 2,400; Air National Guard, 25,736;
Air Force Reserve, 6,311.
The Senate committee-reported bill contained a similar
provision (sec. 412) that would authorize full-time support end
strengths as of September 30, 2025 as follows: Army National
Guard, 30,845; Army Reserve, 16,511; Navy Reserve, 10,132;
Marine Corps Reserve, 2,400; Air National Guard, 25,982; Air
Force Reserve, 6,311.
The agreement includes the Senate provision.
Sec. 413 – End strengths for military technicians (dual status)
The House bill contained a provision (sec. 413) that would
authorize end strengths for military technicians (dual status)
as of September 30, 2025 as follows: Army National Guard,
22,294; Army Reserve, 6,492; Air National Guard, 10,744; Air
Force Reserve, 6,697.
The Senate committee-reported bill contained a similar
provision (sec. 413) that would authorize end strengths for
military technicians (dual status) as of September 30, 2025 as
follows: Army National Guard, 22,294; Army Reserve, 6,492; Air
National Guard, 10,744; Air Force Reserve, 6,697. The Senate
provision would also limit the number of temporary military
technicians (dual status) to 25 percent of the authorized end
strength and prohibit a state from coercing military technicians
into accepting an offer of realignment or conversion to any
other military status— including as a member of the Active,
Guard, and Reserve program of a reserve component.
The agreement includes the Senate provision with a
technical amendment.
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Sec. 414 – Maximum number of reserve personnel authorized to be
on active duty for operational support
The House bill contained a provision (sec. 414) that would
authorize— as required under section 115(b) of title 10, United
States Code— the maximum number of Reserve Component personnel
who may be on Active Duty or full-time National Guard duty
during fiscal year 2025 for operational support.
The Senate committee-reported bill contained an identical
provision (sec. 414).
The agreement includes this provision.
SUBTITLE C—AUTHORIZATION OF APPROPRIATIONS
Sec. 421 – Military personnel
The House bill contained a provision (sec. 421) that would
authorize appropriations for military personnel at the levels
identified in the funding table in section 4401 of division D of
this Act.
The Senate committee-reported bill contained an identical
provision (sec. 421).
The agreement includes this provision.
SUBTITLE D—REPORTS
Sec. 431 – Annual defense manpower profile report: expansion of
justifications for end strengths
The House bill contained a provision (sec. 431) that would
amend section 115a of title 10, United States Code, to add new
requirements in the annual defense manual profile report as
follows: an assessment of the most important threats facing the
United States and an explanation of how personnel end strength
requests address such threats; the rationale for recommended
changes in manpower in the Department of Defense and for each of
the geographic combatant commands, respectively; the primary
functions or missions of active, reserve, and civilian personnel
in each geographic command; an assessment of any areas in which
decreases in end strength would not result in decreases in
readiness; the actual end strength number for each Armed Service
for the prior fiscal year; the percentage shortfall in
recruiting by each Armed Service; and the actual number of
candidates for service in the Armed Services who were deemed
ineligible due to current enlistment standards.
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The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would strike new requirements related to end
strength of geographic combatant commands and the actual numbers
of candidates whom the Department of Defense deemed ineligible.
The amendment would also require certain additional reporting
requirements to be linked to the national defense strategy under
section 113 of title 10, United States Code.
LEGISLATIVE PROVISIONS NOT ADOPTED
Exemption of National Guard Bilateral Affairs Officers from
active-duty end strength limits and modification of annual
reporting requirement regarding security cooperation activities
The Senate committee-reported bill contained a provision
(sec. 415) that would amend section 115 of title 10, United
States Code, to exempt members of the National Guard who serve
as bilateral affairs officers as a part of the National Guard
State Partnership Program from end strength requirements under
such section; and amend section 386 of title 10, United States
Code, to specify the congressional committees to whom the
Secretary of Defense must submit an annual report under such
section.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
TITLE V—MILITARY PERSONNEL POLICY
SUBTITLE A—OFFICER POLICY
Sec. 501 – Redistribution of general officers of the Marine
Corps on active duty
The House bill contained a provision (sec. 502) that would
amend section 525 (a)(4) of title 10, United States Code, to
increase the maximum number of general officers in the Marine
Corps authorized to serve above the grade of major general from
17 to 18, and would reduce the maximum number of general
officers in the Marine Corps authorized to serve in the grade of
major general from 22 to 21.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
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We note that this provision would not increase the overall
number of general officers authorized for the Marine Corps.
Furthermore, the inclusion of this provision does not signify
any future interest in increasing the authorization for Marine
Corps general officers.
Sec. 502 – Authority to exclude additional positions from
limitations on the number of general officers and flag officers
on active duty
The House bill contained a provision (sec. 504) that would
amend section 526 of title 10, United States Code, to authorize
the Secretary of Defense to designate up to 45 general and flag
officer positions for exclusion from the limitations on general
and flag office authorizations in section 525(a) of title 10,
United States Code.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would authorize the Secretary to designate up to
35 general and flag officer positions for exclusion from the
limitations on general and fag officer authorizations.
Sec. 503 – Eligibility for consideration for promotion: time-ingrade and other requirements
The Senate committee-reported bill contained a provision
(sec. 505) that would amend sections 577, 619, and 14301 of
title 10, United States Code, to authorize the Secretaries of
the military departments concerned to preclude from
consideration by a promotion selection board officers and
warrant officers who have an established retirement date that is
within 90 days after the date the selection board is convened.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 504 – Temporary authority to increase the number of nurse
officers recommended for promotion
The Senate committee-reported bill contained a provision
(sec. 503) that would authorize promotion boards to recommend
for promotion more than 95 percent, but less than 100 percent,
of nurse officers eligible for promotion to major or lieutenant
commander if the Secretary of the military department concerned
determines that the greater number is necessary to maintain or
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improve medical readiness. This authority would expire on
December 31, 2030.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 505 – Talent management and personnel retention for members
of the Armed Forces
The Senate committee-reported bill contained a provision
(sec. 502) that would amend sections 619 and 14301 of title 10,
United States Code, to authorize the Secretaries of the military
departments to approve requests by officers to opt out of
consideration for promotion, without penalty, due to long
initial training pipelines.
The provision would also amend sections 631, 632, 8372,
14504, 14505, and 14506 of title 10, United States Code, to
change the mandatory separation date for officers who fail for
selection for promotion to the next higher grade for the second
time to the first day of the seventh calendar month beginning
after the month in which the Secretary concerned publicly
releases the promotion board selection results.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 506 – Consideration of merit by special selection review
boards
The Senate committee-reported bill contained a provision
(sec. 508) that would amend sections 628a and 14502a of title
10, United States Code, to allow special selection review boards
(SSRB) to sustain a promotion board’s selection of an officer
who is the subject of credible information of an adverse nature
when such officer ranks in the top half of an order of merit
development by the SSRB. The officer’s qualifications would
still be required to be comparable in qualification for
promotion to those sample officers who were recommended for
promotion by that promotion board.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 507 – Effect of failure of selection for promotion:
captains and majors of the Army, Air Force, Marine Corps, and
Space Force and lieutenants and lieutenant commanders of the
Navy
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The Senate committee-reported bill contained a provision
(sec. 506) that would amend section 632(c) of title 10, United
States Code, to require the retention on Active Duty of officers
otherwise subject to separation for failure for selection for
promotion until completion of the officer’s Active-Duty service
obligation. The provision would also authorize the Secretary of
the military department concerned to waive this requirement if
the Secretary determines that completion of the Active-Duty
service obligation of that officer is not in the best interest
of the service.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 508 – Modification of authority to separate officers when
in the best interest of the service
The House bill contained a provision (sec. 506) that would
amend section 1182 of title 10, United States Code, to modify
the authority under that section to separate officers under
certain circumstances when such separation is in the best
interests of the military service.
The Senate committee-reported bill contained a similar
provision (sec. 509).
The agreement includes the Senate provision.
Sec. 509 – Remote appearance before a board of inquiry
The Senate committee-reported bill contained a provision
(sec. 537) that would amend sections 1185 and 14904 of title 10,
United States Code, to authorize the Secretaries of the military
departments to permit, in exceptional circumstances, the
appearance of an officer before a board of inquiry other than in
person, such as by video teleconferencing.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 509A – Marine Corps Deputy Commandants
The Senate committee-reported bill contained a provision
(sec. 521) that would amend section 8045 of title 10, United
States Code, to increase the number of authorized Marine Corps
Deputy Commandants from seven to eight.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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Sec. 509B – Improvements relating to Medical Officer of the
Marine Corps position
The House bill contained a provision (sec. 508) that would
establish a Medical Officer of the Marine Corps appointed from
among flag officers of the Navy.
The Senate committee-reported bill contained a similar
provision (sec. 509A) that would amend chapter 806 and section
525 of title 10, United States Code, to require the Navy to
appoint a Navy rear admiral as the Medical Officer of the Marine
Corps and exclude this position from flag officer and active
duty strength limitations.
The agreement includes the Senate provision.
Sec. 509C – Vice Chief of Space Operations; vacancy in position
of Chief of Space Operations
The Senate committee-reported bill contained a provision
(sec. 504) that would amend chapter 908 of title 10, United
States Code, to establish the position of the Vice Chief of
Space Operations who will serve in the grade of general. The
provision would also provide that the Vice Chief of Space
Operations would perform the duties of the Chief of Space
Operations during a vacancy in the position of Chief of Space
Operations and during the absence of the Chief of Space
Operations.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 509D – Repeal of active duty service requirement for
warrant officer appointments in Air Force and Space Force
The House bill contained a provision (sec. 509) that would
repeal section 9160 of title 10, United States Code, which
requires 1 year of Active-Duty service for original appointment
as a warrant officer in the Department of the Air Force.
The Senate committee-reported bill contained a similar
provision (sec. 501).
The agreement includes the Senate provision.
Sec. 509E – Removal of officers from a list of Space Force
officers recommended for promotion
The Senate committee-reported bill contained a provision
(sec. 507) that would amend section 20241 of title 10, United
States Code, to extend to the Space Force certain restrictions
73
pertaining to removal of officers from a list of officers
recommended for promotion.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 509F – Pilot program on peer and subordinate assessments of
certain officers
The House bill contained a provision (sec. 509A) that
would require the Secretary concerned, not later than 1 year
after the date of the enactment of this Act, to implement a 5-
year pilot program in which certain covered officers of the
Armed Forces are assessed by peers and subordinates. The
provision would also require the Secretaries concerned to submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report regarding such pilot program not
later than 3 months after the termination of such program.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would make various technical and conforming
amendments to the House provision.
SUBTITLE B—RESERVE COMPONENT MANAGEMENT
Sec. 511 – Authority to extend military technicians until age 62
The Senate committee-reported bill contained a provision
(sec. 513) that would amend sections 10216(f) and 14702(b) of
title 10, United States Code, to authorize the retention of
military technicians to age 62, rather than age 60 as authorized
in current law. This change aligns authority to retain military
technicians with recent changes that allow drill status national
guardsmen to be retained until age 62, and supports the
retention of experienced military technicians.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 512 – Extension of time period for transfer or discharge of
certain Army and Air Force reserve component general officers
The House bill contained a provision (sec. 514) that would
amend section 14314 of title 10, United States Code, to
authorize Army and Air Force reserve component general officers
to continue serving in an active status or on active duty for up
to 60 days after ceasing to occupy a general officer position.
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The Senate committee-reported bill contained a similar
provision (sec. 514).
The agreement includes the Senate provision.
Sec. 513 – Expanded authority to continue reserve component
officers in certain military specialties on the reserve activestatus list
The House bill contained a provision (sec. 512) that would
amend section 14701(a) of title 10, United States Code, to
authorize the Secretaries of the military departments to
selectively continue on the reserve Active-Status list, for up
to 40 years of commissioned service, Reserve component officers
above the grade of O-2 in designated military specialties.
The Senate committee-reported bill contained a similar
provision (sec. 512).
The agreement includes the Senate provision.
Sec. 514 – Transfer to the Space Force of covered space
functions of the Air National Guard of the United States
The House bill contained a provision (sec. 521) that would
allow the Secretary of the Air Force, during the transition
period, to transfer to the Space Force the covered space
functions of the Air National Guard of the United States,
subject to section 104 of title 32, United States Code, and
section 18238 of title 10, United States Code.
The Senate committee-reported bill contained a similar
provision (sec. 515) that would require the Secretary of the Air
Force to transfer such covered space functions to the Space
Force without regard to section 104 of title 32, United States
Code, and section 18238 of title 10, United States Code.
The agreement includes the Senate provision with technical
amendments.
The April 2024 Department of the Air Force report titled
“Report on the Feasibility of the Consolidation or Transfer of
Space Functions of the National Guard to the Space Force” did
not include the 222nd Command and Control Squadron as a “covered
space function.” We direct the Secretary of the Air Force, in
consultation with the Chief of Space Operations, the Director of
the National Reconnaissance Organization (NRO), the Chief of the
National Guard Bureau, and the Director of the Air National
Guard, to submit a report to the Committees on Armed Services of
the Senate and the House of Representatives, not later than 1
year after the date of the enactment of this Act, that assesses
the organizational future of the 222nd, focusing on options that
ensure the unit’s continued support to the NRO while accounting
75
for its broader integration into U.S. space missions. The report
shall include an assessment of the following three potential
arrangements:
(1) Transfer to the United States Space Force;
(2) Retention within the Air National Guard. This
option should assess the feasibility of keeping the 222nd within
the Air National Guard and the measures necessary to preserve
and enhance its space-related mission in support of the NRO,
including any necessary agreements between the 222nd, the
National Guard Bureau, and the Space Force; and
(3) Establishment of a hybrid structure involving
Both Space Force and Air National Guard Personnel. This option
should consider the establishment of a hybrid structure that
would combine Space Force and Air National Guard personnel
maintain the unique strengths of both organizations.
Sec. 515 – Notice to Congress regarding reapportionment of
National Guard force structure
The Senate committee-reported bill contained a provision
(sec. 516) that would authorize the Chief of the National Guard
Bureau to exempt any State National Guard from the National
Guard Bureau’s leveling initiative within the Air National
Guard.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Chief of the National Guard
Bureau, in consultation with the service secretary concerned, to
provide notice to the Committees on Armed Services of the Senate
and the House of Representatives at least 60 days in advance of
a reapportionment of National Guard force structure, together
with a description of the details of the proposed
reapportionment.
SUBTITLE C—GENERAL SERVICE AUTHORITIES,
DECORATIONS AND AWARDS, AND MILITARY
RECORDS
Sec. 521 – Technical and conforming amendments relating to
members of the Space Force
The Senate committee-reported bill contained a provision
(sec. 525) that would make technical and conforming amendments
related to the Space Force to various sections of titles 10 and
37, United States Code, and to footnote 2 of the table titled
“ENLISTED MEMBERS” in section 601 of the John Warner National
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Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364).
The House bill contained no similar provision.
The agreement includes the Senate provision with a
conforming amendment.
Sec. 522 – Modified authority to provide protection to senior
leaders of the Department of Defense and other specified persons
The Senate committee-reported bill contained a provision
(sec. 526) that would amend section 714 of title 10, United
States Code, to authorize the provision of protective services
for former senior leaders of the Department of Defense and other
specified persons outside of the United States.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would authorize Secretary of Defense to delegate
the authority under section 714 to a level not lower than the
Under Secretary of Defense for Intelligence and Security, permit
temporary protection under certain circumstances while a final
decision is pending, and update congressional notice
requirements.
Sec. 523 – Improving military administrative review
The Senate committee-reported bill contained a provision
(sec. 528) that would amend section 1552 of title 10, United
States Code, to require publicly available final decisions of
the boards for the correction of military records to include a
summary of each decision and to be indexed by subject matter.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would establish the effective date of the
provision as October 1, 2026.
Sec. 524 – Determination of active duty service commitment for
recipients of fellowships, grants, and scholarships
The Senate committee-reported bill contained a provision
(sec. 552) that would amend section 2603(b) of title 10, United
States Code, to authorize the Secretaries of the military
departments to determine the Active-Duty service obligations for
certain members on Active Duty who receive fellowships, grants,
and scholarships.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would establish a minimum Active-Duty service
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commitment for officers who are recipients of fellowships,
grants, and scholarships.
Sec. 525 – Authority to designate certain separated members of
the Air Force as honorary separated members of the Space Force
The House bill contained a provision (sec. 522) that would
amend chapter 933 of title 10, United States Code, by adding a
new section that would authorize the Secretary of the Air Force
to designate certain separated members of the Air Force as
Legacy Guardians.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 526 – Authorizations for certain awards
The Senate committee-reported bill contained a provision
(sec. 593) that would waive the time limitations specified in
section 7274 of title 10, United States Code, to authorize the
President to award the Medal of Honor to Roderick W. Edmonds for
acts of valor while serving in the Army in World War II; and to
authorize the President to award the Distinguished Service Cross
to William D. Owens for acts of valor while serving in the Army
in World War II.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would waive the time limitations specified in
section 7274 of title 10, United States Code, to authorize the
award of the Medal of Honor to Mr. Roddie Edmonds for his
valorous actions as then-Master Sergeant Edmonds from January 27
to March 30, 1945.
Sec. 527 – Posthumous advancement of General John D. Lavelle,
United States Air Force, on the retired list
The House bill contained a provision (sec. 526) that would
require the Secretary of Defense to issue a recommendation to
the President and the Senate regarding the restoration of the
retired rank of Major General John D. Lavelle based on the most
recent recommendation of the Air Force Board for Correction of
Military Records.
The Senate committee-reported bill contained a related
provision (sec. 592) that would authorize the advancement of
Major General Lavelle on the retired list to the grade of
lieutenant general. The Senate provision is consistent with, and
implements the recommendation of, the report of the Honorable
78
William Webster, who after an extensive review of the historical
record and Major General Lavelle’s service, recommended that he
be advanced on the retired list to the grade of lieutenant
general.
The agreement includes the Senate provision.
SUBTITLE D—RECRUITMENT
Sec. 531 – Expansion of report on future servicemember
preparatory course
The House bill contained a provision (sec. 539) that would
amend section 546(d) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31) by adding additional
reporting requirements from the Secretary concerned about the
efficacy of the future servicemember preparatory course
implemented under such section and any proposed improvements to
such preparatory course.
The Senate committee-reported bill contained a similar
provision (sec. 551) that would amend section 546(d) of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118-31) to modify the graduation requirements for a future
servicemember preparatory course established under such section.
The agreement includes the House provision with an
amendment that would fully incorporate the requirements of the
Senate provision.
Sec. 532 – Promoting military, national, and public service
The Senate committee-reported bill contained a provision
(sec. 599A) that would amend section 15 of the Military
Selective Service Act (50 USC 3813) to update the types of
information that the Department of Defense may obtain from the
Selective Service System.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 533 – Military recruiter physical access to campuses
The House bill contained a provision (sec. 537) that would
amend subpart 2 of Part F of title VIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) by
inserting a new section to require local educational agencies to
provide military recruiters the same access to the campus of
each secondary school that is provided to any prospective
employer, institution of higher education, or other recruiter.
79
The Senate committee-reported bill contained a similar
provision (sec. 595).
The agreement includes the House provision with an
amendment that would substitute the Committees on Armed Services
of the Senate and the House of Representatives for the Secretary
of Education as the designated recipient of annual reporting
requirements related to compliance with the provision.
Sec. 534 – Military Entrance Processing Command: acceleration of
review of medical records
The Senate committee-reported bill contained a provision
(sec. 597) that would require the Under Secretary of Defense for
Personnel and Readiness to develop a 2-year pilot program for
joint reserve component support to the United States Military
Entrance Processing Command (MEPS) to accelerate the review of
recruit medical records.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense to
implement a program to use health care providers from any
component of the Armed Forces to support MEPS by reviewing
prospective recruit medical records and to issue a briefing and
a report to the Committees on Armed Services of the Senate and
the House of Representatives regarding such program.
Sec. 535 – Medical Accession Records Pilot program: notice of
termination
The Senate committee-reported bill contained a provision
(sec. 597A) that would require the Secretary of Defense to
submit a review of military accession standards, and any ongoing
plans to modify them, to the congressional defense committees
not later than 180 days after the date of the enactment of this
Act.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense to notify
the Committees on Armed Services of the Senate and the House of
Representatives at least 1 year prior to terminating the Medical
Accessions Records Pilot program.
Sec. 536 – Provision of information regarding Federal service to
certain persons ineligible to enlist in certain Armed Forces
The House bill contained a provision (sec. 592) that would
require the Secretary of Defense to issue regulations within 180
80
days of the enactment of this Act directing the service
secretaries to provide to individuals unqualified to enlist in
the Armed Forces information concerning other Federal service
for which they may be qualified.
The Senate committee-reported bill contained a similar
provision (sec. 599B) that would require Under Secretary of
Defense for Personnel and Readiness, by not later than 1 year
after the date of the enactment of this Act, to develop and
begin offering a course on service opportunities within the
defense industrial base and as a Federal civilian employee, to
individuals who volunteer to serve in the Armed Forces, but who
do not meet accession standards.
The agreement includes the House provision with a
technical amendment.
Sec. 537 – Reimbursement of applicants to certain Armed Forces
for certain medical costs incurred during military entrance
processing
The House bill contained a provision (sec. 533) that would
authorize the Secretary of Defense to reimburse an individual
who applies to join a covered Armed Force for costs incurred by
such individual for a medical appointment required for military
entrance processing.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would sunset this provision 3 years after the
date of the enactment of this Act and add a recurring briefing
requirement on the scope, costs, and efficacy of this program.
Sec. 538 – Authority to modernize recruitment for the Army
The House bill contained a provision (sec. 534) that would
require the Secretary of the Army, not later than September 30,
2025, to modernize recruitment for the Army in order to attract
and retain fit and ready individuals to serve as members of the
Army.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would make this authority permissive and would
make other technical and conforming amendments.
We note that the Secretary of the Army has already
implemented a recruiting modernization initiative that would
substantially comply with the requirements of this provision.
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Sec. 539 – Program of military recruitment and education at the
National September 11 Memorial and Museum
The House bill contained a provision (sec. 536) that would
require the Secretary of Defense to seek to enter into an
agreement with an entity that operates the National September 11
Memorial and Museum under which such Secretary and such entity
carry out a program at the museum to promote military
recruitment and education.
A proposed amendment (Senate Amendment 3290) to the Senate
committee-reported bill contained an identical provision (sec.
5591).
The agreement includes this provision.
Sec. 539A – Maritime workforce promotion and recruitment
The House bill contained a provision (sec. 3536) that
would enact the Maritime Workforce and Recruitment Act to
strengthen the maritime workforce of the United States Coast
Guard and United States Navy.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Secretary of the Navy, in
consultation with appropriate Federal agencies, to establish a
targeted campaign to educate and recruit potential workers in
the maritime sector.
SUBTITLE E—TRAINING
Sec. 541 – Improvements to financial literacy training
The Senate committee-reported bill contained a provision
(sec. 561) that would amend section 992 of title 10, United
States Code, to make several updates to the existing requirement
for the Secretary of the military department concerned to
provide comprehensive financial literacy training.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would strike the reporting requirements and
simplify the requirement to provide information related to
retirement to military personnel attending financial literacy
training.
Sec. 542 – Extension of JROTC programs to the Job Corps
82
The Senate committee-reported bill contained a provision
(sec. 585) that would amend section 2031 of title 10, United
States Code, to authorize Junior Reserve Officer Training Corps
programs to be established at Job Corps centers.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 543 – Minimum number of participating students required to
establish or maintain a unit of JROTC
The House bill contained a provision (sec. 543) that amend
section 2031(b)(1)(A) of title 10, United States Code, to reduce
the minimum number of students required to establish a unit of
the Junior Reserve Officers’ Training Corps to 50 students.
The Senate-committee reported bill contained a similar
provision (sec. 581).
The agreement includes the House provision with a
technical amendment.
Sec. 544 – JROTC waiting list
The Senate committee-reported bill contained a provision
(sec. 583) that would amend section 2031(c) of title 10, United
States Code, to require the Secretary of a military department
to maintain a prioritized waiting list of secondary educational
institutions that have requested to host a unit of the Junior
Reserve Officers’ Training Corps and have not yet been approved.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 545 – Number of Junior Reserve Officers’ Training Corps
units
The Senate committee-reported bill contained a provision
(sec. 584) that would amend section 2031 of title 10, United
States Code, to increase the minimum and maximum number of
required units of the Junior Reserve Officers’ Training Corps to
3,500 and 4,100, respectively. The requirements of this
provision would not take effect until October 1, 2026.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 546 – Required constitutional law training
The House bill contained a (provision (sec. 549C) that
would require the Secretary of Defense to ensure that all
83
commissioned officers of the Armed Forces receive training on
the Constitution of the United States prior to commissioning.
The Senate committee-reported bill contained a similar
provision (sec. 559).
The agreement includes the Senate provision.
Sec. 547 – Prohibition on Federal funds for the Department of
Defense Countering Extremism Work Group
The House bill contained a provision (sec. 1761) that
would prohibit the use of Federal funds for the continued
operation of the Countering Extremism Working Group, or to
implement any of its recommendations.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would prohibit the use of funds authorized to be
appropriated by this Act to fund the Department of Defense
Countering Extremism Working Group established by Secretary of
Defense memorandum on April 9, 2021.
SUBTITLE F—MEMBER EDUCATION
Sec. 551 – Expansion of international engagement authorities for
Service Academies
The House bill contained a provision (sec. 542) that would
amend section 347 of title 10, United States Code, subsection
(a)(1)(B), by striking “60” and inserting “80.”
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 552 – Modification of authority to engage in funded and
unfunded law education programs
The House bill contained a provision (sec. 549L) that
would amend section 2004 of title 10, United States Code, to
authorize unfunded legal education programs in the military
services. Such provision would also amend section 403 of title
10, United States Code, to authorize basic allowance for housing
for military members attending a schooling program under section
2004 of title 10, United States Code.
The Senate committee-reported bill contained a similar
provision (sec. 554) that would amend section 2004 of title 10,
United States Code, to authorize unfunded legal education
84
programs in the military services that would not count against
the funded legal education programs authorized elsewhere in such
section.
The agreement includes the Senate provision with an
amendment that would temporarily expand the eligibility for
funded educational expenses under section 2004 of title 10,
United States Code, to a maximum of 35 members per year for a
period of 3 years. The agreement also contains a clarifying
amendment.
Sec. 553 – Additional admissions authority for the Uniformed
Services University of the Health Sciences
The House bill contained a provision (sec. 544) that would
amend section 2114(f)(2) of title 10, United States Code, to
increase the number of foreign students participating in
military medical exchange programs at the Uniformed Services
University of the Health Sciences (USUHS) from 40 to 50 persons
at any one time.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would add a new section to chapter 104 of title
10, United States Code, to authorize the Secretary of Defense to
enroll up to 10 foreign medical students and up to 40 foreign
students in all other postdoctoral, postgraduate, and
certificate programs of USUHS, subject to certain specified
constraints.
Sec. 554 – Professional military education: technical correction
to definitions
The House bill contained a provision (sec. 545) that would
amend section 2151(b) of title 10, United States Code, by
striking National Defense Intelligence College and replacing it
with National Intelligence University.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 555 – Distance education option for professional military
education
The Senate committee-reported bill contained a provision
(sec. 555) that would amend section 2154 of title 10, United
States Code, to require distance education programs used to
satisfy Phase I or Phase II Joint Professional Military
85
Education requirements to include pathways for students to
complete these programs in a fully remote status and without
requiring any in-person attendance.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would limit the applicability of this provision
to members of the reserve component.
Sec. 556 – Authority to accept gifts of services for
professional military education institutions
The House bill contained a provision (sec. 546) that would
authorize professional military education institutions to accept
gifts of services.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 557 – Alternative service obligation for a cadet or
midshipman who becomes a professional athlete
The House bill contained a provision (sec. 548) that would
authorize service academy graduates to play professional sports
and fulfill their service obligation through reserve duty in a
recruiting position.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that authorizes a separate alternative service
obligation for service academy graduates to play professional
sports and limits the number of transfers the Service Secretary
could approve each year under such alternative service
obligation.
Sec. 558 – Service Academies: Boards of Visitors
The House bill contained a provision (sec. 549) that would
reform the service academies’ boards of visitors.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would limit reforms to an updated process for
appointment of congressional members of the board of visitors of
military service academies.
Sec. 559 – Modernizing Marine Corps Platoon Leaders Class
college tuition assistance program to account for inflation
86
The Senate committee-reported bill contained a provision
(sec. 553) that would amend section 16401 of title 10, United
States Code, by increasing the financial assistance available to
participants in the Marine Corps Platoon Leaders Class College
Tuition Assistance Program from $5,200 to $13,800 for any
academic year and by reducing the number of eligible
participants from 1,200 to 450.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 559A – Information on nominations and applications for
military service academies
The Senate committee-reported bill contained a provision
(sec. 560) that would amend section 575 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283) to modify the date for the Department
of Defense to establish a uniform online portal for military
service academy nominations to December 31, 2026.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 559B – Ensuring access to certain higher education benefits
The House bill contained a provision (sec. 549D) that
would require the Secretary of Defense and Secretary of
Education to jointly complete a data matching process to
identify certain covered employees of the Department of Defense
who made student loan payments eligible for public service loan
forgiveness under section 455(m) of the Higher Education Act of
1965 (20 U.S.C. 1087e(m), and to certify the employment of such
individuals and their qualifying payments.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 559C – Service Academies: referral of applicants to the
senior military colleges and units of the Senior Reserve Officer
Training Corps
The House bill contained a provision (sec. 549E) that
would require the Secretary of Defense to establish a system
where an individual may elect to have the Secretary share
information regarding the individual with a senior military
college.
The Senate committee-reported bill contained no similar
provision.
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The agreement includes the House provision with a
clarifying amendment.
Sec. 559D – Pilot program to provide graduate education
opportunities for enlisted members of the Army and Navy
The House bill contained a provision (sec. 549F) that
would require the Secretaries of the Navy and Army to conduct a
pilot program for enlisted personnel to enroll in a master’s
degree program at the Naval Postgraduate School.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would authorize the Secretaries of the Navy and
Army to jointly conduct a 6-year pilot program under which
certain enlisted personnel of the covered Armed Forces may
enroll in a master’s degree program at the Naval Postgraduate
School. The amendment would also require the Secretary of
Defense, prior to the expiration of the 6-year pilot period, to
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report that provides an assessment of
the success of the pilot, along with any recommendations
regarding the continuation of the pilot.
Sec. 559E – Prohibition on use of Federal funds to endorse
critical race theory
The House bill contained a provision (sec. 1049A) that
would prohibit a Department of Defense employee from promoting,
endorsing, or advocating certain race-based theories.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would prohibit the use of funds authorized to be
appropriated by this Act to be used to promote critical race
theory at Department of Defense educational institutions, in
military training, or in professional military education.
SUBTITLE G—MILITARY JUSTICE AND OTHER LEGAL
MATTERS
Sec. 561 – Clarifying amendment to Article 2 of the Uniform Code
of Military Justice
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5531) that
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would amend article 2 of the Uniform Code of Military Justice
(10 U.S.C. 802) to clarify that retired members of the Space
Force who voluntarily retired for length of service are subject
to the Uniform Code of Military Justice.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 562 – Authority of special trial counsel with respect to
certain offenses occurring before effective date of military
justice reforms
The House bill contained a provision (sec. 551) that would
amend article 24a of the Uniform Code of Military Justice (UCMJ)
(10 U.S.C. 824a) to expand the authority of special trial
counsel to exercise jurisdiction over offenses occurring prior
to December 28, 2023, as enacted in section 531 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118-
31). This would include the three covered offenses added by
sections 541(a) and 541(b) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-
263).
The Senate committee-reported bill contained a similar
provision (sec. 542).
The agreement includes the House provision with a
technical amendment.
Sec. 563 – Detailing of appellate defense counsel
The House bill contained a provision (sec. 552) that would
amend article 65 of the Uniform Code of Military Justice (UCMJ)
(10 U.S.C. 865) to require the assignment of appellate defense
counsel to review a record of conviction subject to automatic
appeal and to be available to represent an accused before the
Court of Criminal Appeals if the accused desires such
representation. The provision would also require assignment of
appellate defense counsel upon the written request of the
accused for representation for convictions that do not qualify
for automatic review. The provision would also require a
complete review of a record of conviction by appellate defense
counsel only in those cases where the accused has not
affirmatively waived the right to appeal.
The Senate committee-reported bill contained a similar
provision (sec. 535).
The agreement includes the House provision.
Sec. 564 – Modification to offense of aiding the enemy under the
Uniform Code of Military Justice
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The House bill contained a provision (sec. 553) that would
amend article 103b of the Uniform Code of Military Justice
(UCMJ) (10 U.S.C. 903b) to include providing military education,
military training, or giving tactical advice to the enemy as
prohibited acts under the UCMJ.
The Senate committee-reported bill contained an identical
provision (sec. 533).
The agreement includes this provision.
Sec. 565 – Removal of marriage as a defense to article 120b
offenses
The Senate committee-reported bill contained a provision
(sec. 540) that would amend article 120b of the Uniform Code of
Military Justice (10 U.S.C. 920b) to remove marriage as a
defense to the offense of rape and sexual assault of a child.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 566 – Consolidation of military justice reporting
requirements for the military departments
The Senate committee-reported bill contained a provision
(sec. 531) that would amend section 946a of title 10, United
States Code, to consolidate duplicative military justice
reporting requirements.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
The provision does not change the essence of the reporting
requirements, it merely consolidates duplicative reports.
Sec. 567 – Term of office for judges of the Court of Military
Commission Review
The Senate committee-reported bill contained a provision
(sec. 532) that would amend section 950f of title 10, United
States Code, to establish a 10-year term for civilian appellate
judges of the Court of Military Commission Review.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 568 – Continuity of coverage under certain provisions of
title 18, United States Code
90
The Senate committee-reported bill contained a provision
(sec. 524) that would make technical and conforming amendments
to sections 202 and 209 of title 18, United States Code, by
extending the definition of special government employee to
officers of the Space Force.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 569 – Correction of certain citations in title 18, United
States Code, relating to sexual offenses
The House bill contained a provision (sec. 559) that would
amend part I of title 18, United States Code, to correct certain
citations contained in that part relating to certain federal
sexual abuse offenses.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 569A – Modification of timeline for potential
implementation of study on unanimous court-martial verdicts
The House bill contained a provision (sec. 554) that would
amend section 536 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) to require the Secretary of
Defense to provide a description of any milestones or other
requirements that would need to be met to enact legislation in
calendar year 2025 instead of calendar year 2027 to require
unanimous court-martial verdicts.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Secretary’s submission to
enable enactment by calendar year 2026.
Sec. 569B – Removal of personally identifying and other
information of certain persons from the Department of Defense
Central Index of Investigations
The House bill contained a provision (sec. 557) that would
amend chapter 79 of title 10, United States Code, to require the
Secretary of Defense to develop and implement uniform guidance
for the modification of titling and indexing systems to ensure
that a record identifying a member or former member of the Armed
Forces as the subject of a criminal investigation is removed
from such system if that member or former member is cleared of
wrongdoing as described.
91
The Senate committee-reported bill contained a provision
(sec. 541) that would amend section 545 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) to require the Secretary of Defense,
not later than October 1, 2025, to establish a process by which
a person may request that the person’s name, personally
identifying information, and other information pertaining to the
person be corrected in, or expunged or otherwise removed from,
an index item or entry in the Department of Defense Central
Index of Investigations.
The agreement includes the Senate provision.
Sec. 569C – Expanded command notifications to victims of
domestic violence
The House bill contained a provision (sec. 555) that would
amend section 549 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) to require commanders to
ensure that a domestic violence victim, or their Special
Victims’ Counsel or other legal representative, is notified of a
disciplinary action taken in a domestic violence case not
referred to court-martial.
The Senate committee-reported bill contained a similar
provision (sec. 536).
The agreement includes the Senate provision.
Sec. 569D – Extension of Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in the
Armed Forces
The Senate committee-reported bill contained a provision
(sec. 538) that would amend section 546(f)(1) of the Carl Levin
and Howard P. “Buck” McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291) to extend the Defense
Advisory Committee on Investigation, Prosecution, and Defense of
Sexual Assault in the Armed Forces for an additional 5 years.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 569E – Analysis on the advisability of revising Military
Rule of Evidence 513
The House bill contained a provision (sec. 558) that would
require the Joint Service Committee on Military Justice to
develop recommendations for modifying rule 513
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of the Military Rules of Evidence (as set forth in part III of
the Manual for Courts-Martial) to include diagnoses of a patient
and treatments prescribed to a patient as confidential
communications subject to the psychotherapist-patient privilege.
The Senate committee-reported bill contained a similar
provision (sec. 544).
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense to analyze
the advisability of modifying rule 513 to include diagnoses of a
patient and treatments prescribed to a patient as confidential
communications subject to the psychotherapist-patient privilege.
The amendment would also require the Secretary of Defense to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the results of this
analysis. We direct the Secretary of Defense to submit this
report by not later than 1 year after the date of the enactment
of this Act.
Sec. 569F – Analysis of prohibition on broadcast and
distribution of digitally manipulated intimate images under the
Uniform Code of Military Justice
The House bill contained a provision (sec. 556) that would
require the Secretary of Defense to develop recommendations for
modifying the offense of indecent viewing, visual recording, or
broadcasting under section 920c of title 10, United States Code
(article 120c of the Uniform Code of Military Justice) to
clarify its applicability to the broadcasting and distribution
of digitally manipulated intimate images.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to analyze
the feasibility and advisability of, and potential approaches
to, modifying the offense of indecent viewing, visual recording,
or broadcasting under section 920c of title 10, United States
Code (article 120c of the Uniform Code of Military Justice) to
clarify its applicability to the broadcasting and distribution
of digitally manipulated intimate images, and to provide a
report to the Committees on Armed Services of the Senate and the
House of Representatives on the results of this analysis.
SUBTITLE H—CAREER TRANSITION
Sec. 571 – Pathway for individualized counseling for members of
the reserve components under TAP
93
The House bill contained a provision (sec. 565) that would
amend section 1142 of title 10, United States Code, to require
the Secretary concerned to provide a counseling pathway for
members of the reserve component under the Transition Assistance
Program.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 572 – Extension of Troops-to-Teachers Program
The Senate committee-reported bill contained a provision
(sec. 556) that would amend section 1154 of title 10, United
States Code, to reduce the total number of stipends authorized
to be paid under the troops-to-teachers program to 3,000; and
that would extend the mandate for the Secretary of Defense to
maintain the troops-to-teachers program until 2029.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would strike the portion of the Senate provision
related to limiting Office of the Secretary of Defense travel
spending.
Sec. 573 – Extension and expansion of report on the Transition
Assistance Program of the Department of Defense
The House bill contained a provision (sec. 597) that would
direct the Under Secretary of Defense for Personnel and
Readiness to conduct a comprehensive study on military grace
period reforms, specifically focusing on the impact of unit
tasking during the Transition Assistance Program (TAP) on the
ability of servicemembers to transition to civilian life.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would modify the reporting requirements in
section 552(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) in
lieu of adding a new reporting requirement under the House
provision. Under the amendment, Section 552(b) of such Act would
be amended to extend an annual reporting requirement by 3 years
and require such annual report to include information about
attendance, exemptions, and implementation challenges related to
TAP.
Sec. 574 – Military training and competency records
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The House bill contained a provision (sec. 549H) that
would require the Secretary of Defense to establish a
centralized database, to be known as the “Military Training and
Competency Database,” to record and maintain information
relating to training performed by members of the Armed Forces.
The Senate committee-reported bill contained a similar
provision (sec. 529A) that would require the Secretaries of the
military departments to provide, not later than 1 year after the
date of the enactment of this Act, a training and competency
record for members of the Armed Forces. The Senate provision
would also require the Secretary of Defense to submit a report
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than 2 years after the date of the
enactment of this Act, on the implementation and usefulness of
the records.
The agreement includes the Senate provision with a
technical amendment.
SUBTITLE I—FAMILY PROGRAMS AND CHILD CARE
Sec. 581 – Interstate compacts for portability of occupational
licenses of military spouses: permanent authority
The House bill contained a provision (sec. 1841) that
would amend section 1784(h) of title 10, United States Code, to
authorize the Secretary of Defense to enter into a cooperative
agreement with the Council of State Governments for the purpose
of developing interstate licensure compacts for military
spouses.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 582 – Military Spouse Career Accelerator program
The House bill contained a provision (sec. 1842) that
would amend section 1784 of title 10, United States Code, to
permanently authorize the Military Spouse Career Accelerator
program.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would terminate this authorization on January 1,
2031.
95
Sec. 583 – Competitive pay for Department of Defense child care
personnel
The House bill contained a provision (sec. 1811) that
would amend section 1792 of title 10, United States Code, to
require that employees directly involved in military
installation child development programs are paid at rates of pay
competitive with market rates for childcare workers within the
correlating metropolitan or non-metropolitan statistical area,
but not below the Department of Defense minimum compensation
rates per pay band to acquire a stable and qualified civilian
childcare workforce.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would postpone the effective date of the
provision to April 1, 2025.
Sec. 584 – Posting of national child abuse hotline at military
child development centers
The House bill contained a provision (sec. 1813) that
would amend section 1794 of title 10, United States Code, to
revise regulations and processes addressing child abuse and harm
to children while attending a military child development center.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would strike the portions of the House provision
related to parental notification and remedies.
Sec. 585 – Additional information in outreach campaign relating
to waiting lists for military child development centers
The House bill contained a provision (sec. 1814) that
would expand the communication campaign established in section
585(a) of the National Defense Authorization Act for the Fiscal
Year 2024 (Public Law 118-31) to include additional information
regarding fee assistance for providers who are not nationally
accredited but are otherwise eligible under section 1798 of
title 10, United States Code.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
96
Sec. 586 – Expansion of annual briefing regarding waiting lists
for military child development centers
The House bill contained a provision (sec. 1817) that
would direct the Secretary of Defense, in coordination with the
Secretaries of the military departments, to provide briefings to
the Committees on Armed Services of the Senate and the House of
Representatives regarding childcare services at military child
development centers.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would add the additional reporting requirement to
section 585 of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118-31), and limit the additional
reporting requirement to the 20 military installations with the
longest waiting lists for childcare.
Sec. 587 – Improvements relating to portability of professional
licenses of servicemembers and their spouses
The Senate committee-reported bill contained a provision
(sec. 1091) that would amend section 705A of the Servicemembers
Civil Relief Act (Public Law 108-189) to establish policies and
processes for interstate reciprocity of professional licenses of
servicemembers and their spouses.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would authorize background checks for covered
individuals, define “military orders” under this provision, and
modify the definition of a “covered license” under this
provision.
Sec. 588 – Child care services and youth program services for
dependents
The House bill contained a provision (sec. 1816) that
would require the Secretary of Defense, in coordination with the
military departments, to fully fund child care fee assistance
programs.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
97
Sec. 589 – Child care services and youth program services for
dependents: period of services for a member with a spouse
seeking employment
The House bill contained a provision (sec. 1843) that
would expand eligibility for unemployed military spouses seeking
employment to receive childcare in Department of Defense Child
Development Programs, both on and off installation, to 180 days.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 589A – Child development program staffing and compensation
model
The House bill contained a provision (sec. 1107) that
would require the Secretary of Defense to redesign the
Department of Defense child development program compensation
model and modernize the child development program staffing
model.
The Senate committee-reported bill contained a similar
provision (sec. 578).
The agreement includes the House provision with technical
and conforming amendments and an amendment that would require an
initial baseline briefing and subsequent annual briefings to the
Committees on Armed Services of the Senate and the House of
Representatives regarding the planning for and implementation of
the modernized staffing model.
Sec. 589B – Inclusive Playground Pilot Program
The House bill contained a provision (sec. 577) that would
require the Under Secretary of Defense for Personnel and
Readiness to establish a pilot program for the design,
development, and construction of playgrounds that support
families in the Exceptional Family Member Program. Not later
than March 28, 2025, the Under Secretary would be required to
submit a strategy for the implementation of the program that
would detail governance structure, selection of military
installations for the program, and objectives.
The Senate committee-reported bill contained a provision
(sec. 579A) that would require the Secretary of Defense, not
later than March 28, 2025, to submit a strategy on developing an
inclusive playground pilot program to the Committees on Armed
Services of the Senate and the House of Representatives. The
provision would further direct the Under Secretary of Defense
98
for Personnel and Readiness to establish an inclusive playground
as described in the strategy.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, not later
than March 1, 2026, to submit to the Committees on Armed
Services of the Senate and the House of Representatives a plan
for the implementation of a military families inclusive
playground pilot program. The amendment would also prohibit the
implementation of the inclusive playground pilot program until
180 days after the Secretary submits the implementation plan and
until such time that funds are obligated for the design,
development, and construction of inclusive playgrounds as a
minor military construction project.
SUBTITLE J—DEPENDENT EDUCATION
Sec. 591 – Advisory committees for Department of Defense
domestic dependents schools
The Senate committee-reported bill contained a provision
(sec. 571) that would amend section 2164 of title 10, United
States Code, to establish school advisory committees at domestic
schools operated by the Department of Defense Education
Activity.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 592 – Eligibility of dependents of certain deceased members
of the Armed Forces for enrollment in Department of Defense
domestic dependent elementary and secondary schools
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5571) that
would amend section 2164(j) of title 10, United States Code, to
allow the Secretary of Defense to authorize the enrollment of
certain dependents in a Department of Defense Education Activity
Education program.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 593 – Expansion of eligibility for virtual programs
operated by Department of Defense Education Activity
The Senate committee-reported bill contained a provision
(sec. 572) that would amend section 2164(l) of title 10, United
States Code, to expand the eligibility for enrollment in virtual
99
education programs offered by the Department of Defense
Education Activity.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 594 – Authorization for school meal programs at Department
of Defense dependent schools
The Senate committee-reported bill contained a provision
(sec. 573) that would amend section 2164 of title 10, United
States Code, and section 1402 of the Defense Dependents’
Education Act of 1978 (Public Law 95-561) to authorize the
Secretary of Defense to administer a meal program, consistent
with Federal law and standards prescribed by the Secretary of
Agriculture, for students enrolled in Department of Defense
domestic dependent schools.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 595 – Eligibility of certain dependents for enrollment in
domestic dependent elementary and secondary schools
The Senate committee-reported bill contained a provision
(sec. 577) that would add a new section to chapter 208 of title
10, United States Code, to require the Secretary of Defense to
carry out a program under which dependents of a full-time,
Active Duty member may enroll in covered Department of Defense
Education Activity schools on a space-available basis, without
regard to whether the member resides on the installation.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 596 – Staffing of Department of Defense Education Activity
schools to maintain maximum student-to-teacher ratios
The House bill contained a provision (sec. 571) that would
amend section 589B(c) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) by striking “2023-2024 academic year” and inserting
“2029-2030 academic year.”
The Senate committee-reported bill contained a similar
provision (sec. 574).
The agreement includes the House provision.
100
Sec. 597 – Enrollment in defense dependents’ education system of
children of foreign military members assigned to United Nations
Command
The Senate committee-reported bill contained a provision
(sec. 575) that would amend section 1404A of the Defense
Dependents’ Education Act of 1978 (Public Law 95-561) to
authorize the enrollment of children of foreign military members
assigned to United Nations Command to Department of Defense
Education Activity schools.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 598 – Certain assistance to local educational agencies that
benefit dependents of military and civilian personnel
The House bill contained a provision (sec. 575) that would
authorize $50.0 million for the purpose of providing assistance
to local educational agencies with military dependent students
and $20.0 million for local educational agencies eligible to
receive a payment for children with severe disabilities.
The Senate committee-reported bill contained a similar
provision (sec. 576) that would authorize $50.0 million for
continuation of the Department of Defense (DOD) assistance
program to local educational agencies impacted by enrollment of
dependent children of military members and DOD civilian
employees. The provision would also authorize $10.0 million for
impact aid payments for children with severe disabilities, using
the formula set forth in section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398). Furthermore, the provision would authorize the
Secretary of Defense to use an additional $20.0 million for
payments to local educational agencies determined by the
Secretary to have higher concentrations of military children
with severe disabilities.
The agreement includes the Senate provision with an
amendment that would reduce the additional payments to local
educational agencies at the determination of the Secretary
concerned to $10.0 million.
Sec. 599 – Training requirements teachers in 21st century
schools of the Department of Defense Education Activity
The House bill contained a provision (sec. 572) that would
provide teacher bonuses for difficult to fill overseas
locations, ensure adequate teacher training for 21st century
classrooms, and establish a pilot program authorizing a select
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number of students in Bahrain to attend a local international
school through the Department of State regulations.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would strike the authorizations for teacher
bonuses at high-needs schools and the Bahrain school pilot
program.
We note that military dependents who reside overseas must
attend a Department of Defense Education Activity (DODEA) school
if available. We have heard complaints that the DODEA schools in
Bahrain have had several reported problems with parent-teacher
communication, long-term substitute teachers, and dwindling
academic offerings. As such, we direct the Comptroller General
of the United States to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives,
not later than December 31, 2025, on the administration of DODEA
schools in Bahrain. Such report shall include:
(1) The number of classes in Bahrain DODEA schools
that had long-term substitute teachers in the last 3 school
years, by grade and subject-matter;
(2) The number of Advanced Placement (AP) courses
offered in-person in Bahrain DODEA schools over the last 3
school years, by year offered;
(3) An assessment of how AP course offerings in
Bahrain DODEA schools compare to other overseas DODEA schools;
(4) An assessment of issues related to communication
between the DODEA Bahrain school administrations and parents;
and
(5) An assessment of special education capabilities
and requirements in the Bahrain DODEA schools.
Sec. 599A – Overseas transfer program for educators in schools
operated by the Department of Defense Education Activity
The House bill contained a provision (sec. 574) that would
require the Secretary of Defense, in coordination with the
Director of the Department of Defense Education Activity
(DODEA), to develop and implement a program whereby teachers at
DODEA schools may transfer to overseas locations.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Secretary to develop and
implement a policy allowing for teachers at overseas DODEA
schools to transfer to other overseas DODEA schools. We expect
that such policy will adhere to existing law, including being
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subject to collective bargaining agreements between DODEA and
their employees.
Sec. 599B – Parental right to notice of student nonproficiency
in reading or language arts
The House bill contained a provision (sec. 578) that would
require the Secretary of Defense to ensure that each elementary
school operated by the Department of Defense Education Activity
notifies the parents of any student enrolled in such school when
the student does not score as grade-level proficient in reading
or language arts at the end of the third grade based on certain
reading and language arts assessments administered by such
school.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
Grade of Surgeon General of the Navy
The House bill contained a provision (sec. 501) that would
amend sections 525 and 8077 of title 10, United States Code, to
require the Surgeon General of the Navy to serve in the grade of
0-9.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Removal of exemption relating to Attending Physician to the
Congress for certain distribution and grade limitations
The House bill contained a provision (sec. 503) that would
amend section 525 of title 10, United States Code, to remove the
exemption for the Attending Physician to the Congress from the
limitation on that officer’s Armed Force for officers serving on
Active Duty in grades above brigadier general or rear admiral
(lower half).
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Modification to grade of Attending Physician to the Congress
The House bill contained a provision (sec. 505) that would
amend section 715 of title 10, United States Code, to require
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that an officer serving as the Attending Physician to the
Congress hold the grade of O-6 while so serving.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Inclusion of service in SROTC in the computation of length of
service of an officer appointed for completing SROTC
The House bill contained a provision (sec. 507) that would
amend section 2106 of title 10, United States Code, to require
inclusion of time served in any component of the Armed Forces
while attending advanced training under section 2104 of title
10, United States Code, in the computation of length of service
of a servicemember.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the House provision would have created a
disparity in the treatment of Active-Duty service in length of
service calculations between those officers that attended
advanced training under section 2104 of title 10, United States
Code, while concurrently serving as Active-Duty enlisted members
of the Armed Forces; and those officers that were enrolled at
designated service schools while concurrently serving as ActiveDuty cadets or midshipmen under section 101(d) of title 10,
United States Code.
Grades of certain chiefs of reserve components
The House bill contained a provision (sec. 511) that would
amend sections 7038, 8083, 8084, and 9038 of title 10, United
States Code, to require the chief of each military service
reserve component to serve in the grade of lieutenant general or
vice admiral.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the chiefs of these reserve components
already serve in the grade of lieutenant general or vice
admiral.
Feasibility of establishing a unit of the National Guard in
American Samoa and in the Commonwealth of the Northern Mariana
Islands
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The House bill contained a provision (sec. 513) that would
require the Secretary of Defense to determine the feasibility of
establishing: (1) A unit of the National Guard in American
Samoa; and (2) A unit of the National Guard in the Commonwealth
of the Northern Mariana Islands, and to report to Congress
within 180 days of the enactment of this Act on the results of
this determination.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to assess the
feasibility and advisability of establishing units of the
National Guard in American Samoa and the Commonwealth of the
Northern Marian Islands, and to submit a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives, by not later than April 1, 2025, on the results
of this assessment.
Merit-based principles for military personnel decisions in the
Department of Defense
The House bill contained a provision (sec. 523) that would
require all personnel actions within the Department of Defense
to be based on individual merit and demonstrated performance.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that section 529C of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31)
requires that military accessions and promotions be based on
individual merit and demonstrated performance.
Next of kin of deceased members of certain armed forces:
database; privacy
The House bill contained a provision (sec. 524) that would
require the Secretary of Defense to issue guidance to establish
and maintain a database containing up-to-date contact
information for next of kin of deceased servicemembers.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Marine Corps permeability pilot program
The House bill contained a provision (sec. 525) that would
authorize the Commandant of the Marine Corps to carry out a
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pilot program under which a member may move between the active
reserve components of the Marine Corps more easily.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Space Force Personnel System under
chapter 2001 of title 10, United States Code, provides a model
for increased permeability of officers between the active and
reserve components of the Armed Forces.
Prohibition of requirement in the Department of Defense to wear
a mask to stop the spread of COVID-19
The House bill contained a provision (sec. 527) that would
prohibit the Secretary of Defense from requiring an individual
to wear a mask on a military installation in the United States
to prevent the spread of COVID-19.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Elimination of offices of diversity, equity, and inclusion and
personnel of such offices
The House bill contained a provision (sec. 528) that would
eliminate offices of the Armed Forces and of the Department of
Defense established to promote diversity, equity, and inclusion.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Posthumous commission as captain in the regular Army for Milton
Holland
The House bill contained a provision (sec. 529) that would
posthumously commission Milton Holland, who, while sergeant
major of the 5th Regiment, United States Colored Infantry, was
awarded the Medal of Honor in recognition of his actions on
September 29, 1864, during the Battle of Chaffin’s Farm,
Virginia.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize and honor Milton Holland for his incredible
bravery and valor while serving in the Civil War, for which he
was awarded the Medal of Honor. We note that the President
currently has the authority to posthumously commission Milton
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Holland and that the Army is in the process of reviewing this
matter.
Authorization of members awarded certain decorations to wear the
uniform when not on active duty
The House bill contained a provision (sec. 529A) that
would amend section 772 of title 10, United States Code, by
adding a new subsection to authorize members awarded certain
decorations to wear the uniform when not on Active Duty.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that under section 772 of title 10, United States
Code, retired members of the Armed Forces are authorized to wear
their uniforms without any restrictions based upon the awards or
decorations they received, as are former members of the Armed
Services who served honorably in a time of war.
Review of adverse action against a chaplain who requested
exemption from the COVID-19 vaccination mandate
The House bill contained a provision (sec. 529B) that
would require, not later than 6 months after the date of the
enactment of this Act, the establishment of boards under section
1552 or 1553 of title 10, United States Code, as applicable, to
review the military personnel record, or the characterization of
a discharge or dismissal, of a current or former chaplain in an
Armed Force who suffered an adverse personnel action as a result
of, arising from, or in conjunction with, requesting a religious
exemption from the COVID-19 vaccination mandate.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that sections 526 and 527 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31)
required the establishment of processes to consider
reinstatement, and to review the characterization of discharge,
of servicemembers separated solely on the basis of their failure
to receive the COVID-19 vaccine.
Selective Service System: automatic registration
The House bill contained a provision (sec. 531) that would
provide for automatic registration of male citizens and males
residing in the United States between the ages of 18 and 26 in
the Selective Service System.
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The Senate committee-reported bill contained similar
provisions (sec. 598, sec. 598A, sec. 598B, sec. 598C and sec.
598D) that would authorize automatic registration for all
citizens and persons residing in the United States, as well as
make other reforms and technical modifications to the Military
Selective Service Act and related statutes.
The agreement does not include either provision.
Prohibition on cannabis testing for enlistment or commission in
certain Armed Forces
The House bill contained a provision (sec. 532) that would
prohibit cannabis testing as a condition of enlistment or
commission in the Armed Forces.
The Senate committee-reported bill contained a provision
(sec. 599) that would require the Secretary of Defense to ensure
that all prospective recruits and officer candidates undergo
testing for controlled substances prior to enlistment or
appointment as an officer in the Armed Forces.
The agreement does not include either provision.
Recruitment strategy for members of the Armed Forces who were
discharged or dismissed on the sole basis of failure to obey a
lawful order to receive a vaccine for COVID-19
The House bill contained a provision (sec. 535) that would
require the Secretary of Defense to develop and implement a
strategy to specifically recruit individuals discharged or
dismissed from an Armed Force on the sole basis of failure to
obey a lawful order to receive a vaccine for COVID-19 to be
reinstated in the Armed Force concerned.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Section 528 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) required the Secretary of
Defense to communicate to individuals discharged or dismissed
from an Armed Force on the sole basis of failure to obey a
lawful order to receive a vaccine for COVID-19 the process by
which the individual could be reinstated in the Armed Forces.
All military departments have communicated the options for
reinstatement to the separated individuals.
Improving oversight of military recruitment practices in public
secondary schools
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The House bill contained a provision (sec. 538) that would
require the Secretary of Defense to submit to the congressional
defense committees an annual report on military recruitment
practices in public secondary schools during calendar year 2024
and each subsequent calendar year.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the data that would be reported under this
provision is already collected and available for review by the
Committees on Armed Services of the Senate and the House of
Representatives at any time.
Increase to maximum funding for the Regional Defense Fellowship
Program
The House bill contained a provision (sec. 541) that would
amend section 345 of title 10, United States Code, to adjust the
maximum funding amount for the Regional Defense Fellowship
Program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Service Academies: appointments and additional appointees
The House bill contained a provision (sec. 547) that would
require that the admissions processes for the military service
academies are based on a whole candidate score regardless of
race or ethnicity.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Inclusion of certain information in annual military service
academy reports
The House bill contained a provision (sec. 549A) that
would include in annual military service academy reports the
number of substantiated cases of sexual misconduct for which
there is reason to believe that a victim was targeted, or
discriminated against, or both, for their status in a protected
group.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
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We note that this data is collected as part of the Armed
Forces Workplace and Gender Relations Survey, pursuant to
section 481 of title 10, United States Code, as amended by
section 591 of the National Defense Authorization Act of Fiscal
Year 2024 (Public Law 118-31).
Naval Postgraduate School: function
The House bill contained a provision (sec. 549B) that
would expand the Naval Postgraduate School’s (NPS) mission.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize the importance of the Naval Postgraduate
School in providing defense-focused graduate education to
advance the operational effectiveness, technological leadership,
and warfighting advantage of the naval service. We acknowledge
that NPS’s curriculum and research must continue to adapt to
prepare defense leaders with the intellectual capabilities to
meet operational and strategic challenges in an increasingly
dynamic and complex security environment. Therefore, we direct
the Secretary of the Navy to provide a report to the Committees
on Armed Services of the Senate and the House of
Representatives, not later than December 1, 2025, on the mission
of NPS in section 8541 of title 10, United States Code,
including:
(1) An assessment of whether the NPS function is
sufficient to allow for reform and modernization of NPS
curricula and research in response to new strategic environments
and emerging technologies;
(2) The feasibility and advisability of expanding
the NPS function; and
(3) Any recommendations for changes to the NPS
function.
Air Force rapid response language pilot program
The House bill contained a provision (sec. 549G) that
would require the Secretary of the Air Force to establish a
rapid response language pilot program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize that foreign language skills are a critical
mission enabler for signals intelligence and other military
activities. We acknowledge the need for the Air Force to provide
dynamic language capabilities to respond to unforeseen
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requirements, conflict surges, humanitarian disasters, or other
military needs. This need is underscored by the evolving global
security landscape, which necessitates agility in language
proficiency across a spectrum of languages, some of which may
currently have limited to no capability within the Department of
Defense. We note the Air Force’s Language Enabled Airman Program
(LEAP) currently develops working-level foreign language
proficiency for airmen.
Therefore, we direct the Secretary of the Air Force to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives, not later than April 1,
2025, on critical language proficiency in the Air Force. The
briefing should include information on the current status of
LEAP, other foreign language programs offered to airmen,
challenges to increasing language readiness in response to
current and emergent needs, a description of the process for
coordinating with the Army as the executive agent for contract
linguist support, any plans to expand the reach of LEAP or other
foreign language programs in the future, and any additional
resources needed to support linguist requirements.
Military vehicle operator training program
The House bill contained a provision (sec. 549I) that
would require the Secretary of Defense to establish a
standardized training curriculum for military vehicle
operations, encompassing both classroom and practical training
components.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize that rollover incidents continue to be an
ongoing safety issue for the Army and the Marine Corps. We also
note the Marine Corps has instituted multiple lines of effort to
address safety mishaps and are interested in hearing about how
these efforts have led to changes in training and protocol.
Therefore, we direct the Commandant of the Marine Corps and the
Chief of Staff of the Army, not later than 180 days after the
date of the enactment of this Act, to provide a briefing to the
Committees on Armed Services of the Senate and the House of
Representatives on efforts to mitigate vehicle mishaps.
Speech disorders of cadets and midshipmen
The House bill contained a provision (sec. 549J) that
would require the Superintendents of the military service
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academies to provide testing for speech disorders to incoming
cadets and midshipmen.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Department of Defense provided a directed
briefing on this issue in May 2022, detailing the necessity for
officers to speak clearly and effectively while leading troops;
noting the availability of medical waivers in certain
circumstances for physical or medical standards; providing the
Reading Aloud Test administered to applicants; highlighting
that, on average, only one prospective student per year is
denied admission for a speech disorder; and describing the
availability of speech therapy.
Annual training on the prevention of sexual abuse for students
in the Junior Reserve Officers’ Training Corps
The House bill contained a provision (sec. 549K) that
would require annual training for Junior Reserve Officers’
Training Corps participants on prevention of sexual abuse.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note the training that would be required under the
House provision is already required by section 2031 of title 10,
United States Code, as amended by section 552 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118-
31).
Dive school required element of qualification as a combat
controller of the Air Force
The House bill contained a provision (sec. 549M) that
would direct the Secretary of the Air Force to require that
training to qualify as a combat controller of the Air Force
includes dive school.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Air Force changed the requirement for
combat controllers to be combat dive qualified from an initial
skill to an advanced skill in 2023. We direct the Secretary of
the Air Force to provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives, not
later than June 1, 2025, on the advisability of restoring dive
school qualification as a required element of initial training
112
for combat controllers. The briefing should include information
on the justification for changing it to an advanced skill,
which, if any, special tactics operators require advanced dive
school training, the benefits of dive school training in
executing special tactics missions, and any other information
the Secretary deems relevant.
Modifications to Transition Assistance Program
The House bill contained a provision (sec. 561) that would
amend section 1142 of title 10, United States Code, to authorize
the Secretary concerned to waive the requirement of preseparation counseling for servicemembers. Additionally, this
section would permit servicemembers who reenlist to receive preseparation counseling on a space available basis.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Minimum duration of preseparation counseling regarding financial
planning
The House bill contained a provision (sec. 562) that would
amend section 1142 of title 10, United States Code, to add
counseling to the financial planning section of the Transition
Assistance Program, and to require the financial planning
assistance and counseling section to last at least 1 hour.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that servicemembers currently receive financial
counseling and training, both during the Transition Assistance
Program and throughout their time in service.
Transition Assistance Program: presentation in preseparation
counseling to promote benefits available to veterans
The House bill contained a provision (sec. 563) that would
amend section 1142(b) of title 10, United States Code, to
require veterans service organizations (VSOs) to provide
information to servicemembers participating in pre-separation
counseling under the Transition Assistance Program (TAP).
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize the critical role that VSOs play in the
transition of servicemembers to civilian life and veteran
113
status, particularly in the preparation, presentation, and
adjudication of Veterans Affairs (VA) claims. We note that the
TAP VA benefits and services course of instruction includes a VA
and VSO joint presentation to separating servicemembers on how
VSOs can help them navigate VA and state benefit programs,
including filing for disability, home loans, and healthcare. The
presentation also incorporates a practical exercise to ensure
servicemembers can find their local VSO representative. We
encourage the Department of Defense to continue to maintain
strong and positive relationships with VSOs to facilitate their
delivery of services to separating servicemembers.
Establishment of counseling pathway in the Transition Assistance
Program for members of certain reserve components of the Armed
Forces
The House bill contained a provision (sec. 564) that would
amend section 1142 of title 10, United States Code, to establish
a minimum of one counseling pathway in the Transition Assistance
Program (TAP) for members of the Reserve Components of the Army,
Navy, Marine Corps, Air Force, or Space Force.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that TAP counseling pathways for members of the
Reserve Component are addressed in a provision located elsewhere
in this Act.
Transition Assistance Program: Department of Labor Employment
Navigator and Partnership Pilot Program
The House bill contained a provision (sec. 566) that would
require the establishment of a pilot program known as the
Employment Navigator and Partnership Pilot Program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Employment Navigator Partnership Program
is an existing and successful program of the Department of
Labor. The current model is highly effective and provides
optimum flexibility for program administration, participants,
and partners.
Pilot program on secure, mobile personal health record for
members of the Armed Forces participating in the Transition
Assistance Program
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The House bill contained a provision (sec. 567) that would
direct the Secretary of Defense, not later than 180 days after
the date of the enactment of this Act, to commence a pilot
program under which Active Duty members of the Armed Forces who
are enrolled in the Transition Assistance Program use a covered
health record platform to collect their records before
separating from Active Duty.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that existing law requires the Department of
Defense and Department of Veterans Affairs to integrate
electronic medical records into the same technology platform.
When implemented, this integration will provide seamless
transition from the Military Health System to the Veterans
Health Administration without the need for a third-party
platform to collect sensitive personal and medical information
from servicemembers.
SkillBridge: apprenticeship programs
The House bill contained a provision (sec. 568) that would
require the Department of Defense to conduct a study on the
availability of registered apprenticeship positions within the
SkillBridge program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, not later than June 1,
2025, to provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives on the United
States Military Apprenticeship Program. Such report shall
include: (1) Information on the trades that are eligible for
participation in the program; (2) The number of servicemembers
in each military service who are enrolled in the program,
disaggregated by trade; and (3) Recommendations for policy or
legislative changes to improve the effectiveness of the program,
if any.
Transmission of information regarding member’s opioid use
disorder to Department of Veterans Affairs
The House bill contained a provision (sec. 569) that would
amend section 1142(d) of title 10, United States Code, to add a
requirement for the Secretaries of the military departments to
notify the Secretary of Veterans Affairs about the known history
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of opioid use disorder for any servicemember within 60 days of
such member’s separation from military service.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on the number of veterans who have their military
acquired credentials recognized at the State-level for the
civilian workforce
The House bill contained a provision (sec. 569A) that
would require the Secretary of Defense, in consultation with the
Secretary of Veterans Affairs and the Secretary of Labor, to
submit to Congress a report that builds on the data reported in
the “DOD Credentialing Utilization” report from 2018 (3-BB02A16)
to better assess the effectiveness of the Credentialing Programs
for post-military civilian employment.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Training and internships for transitioning members through
institutions of higher education
The House bill contained a provision (sec. 569B) that
would authorize the Secretary of Defense to conduct outreach to
institutions of higher education in order to enter into more
agreements with such institutions of higher education for
training or internships for members of the Armed Forces pursuant
to the SkillBridge program established under section 1143(e) of
title 10, United States Code.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Opt-out sharing of information on members retiring or separating
from the Armed Forces with community-based organizations and
related entities
The House bill contained a provision (sec. 569C) that
would amend section 570F of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) to authorize
servicemembers transitioning off of active duty to opt out of
having their information shared with state veterans’ agencies.
The Senate committee-reported bill contained an identical
provision (sec. 558).
The agreement does not include either provision.
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We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than May 1, 2025, on the feasibility
and advisability of establishing a servicemember opt-out option
for authorizing the Department of Defense to share the
information of servicemembers separating from the Armed Forces
with state veterans’ agencies.
Addressing mental health issues in the Transition Assistance
Program of the Department of Defense and the Solid Start program
of the Department of Veterans Affairs
The House bill contained a provision (sec. 569D) that
would amend section 1142(b) of title 10, United States Code, by
expanding the mental health information that must be included in
counseling servicemembers under the Transition Assistance
Program. The provision would also amend section 6320(b) of title
38, United States Code, to expand the activities of the Solid
Start Program of the Department of Veterans Affairs to include
providing assistance related to mental health counseling and
healthcare through the Veterans Health Administration.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Amendments to pathways for counseling in Transition Assistance
Program
The House bill contained a provision (sec. 569E) that
would amend section 1142(c) of title 10, United States Code, to
expand the counseling pathways of the Transition Assistance
Program to consider the following factors: childcare, employment
of other adults in the servicemember’s household, the
servicemember’s location, the effects of operating tempo, and
whether the servicemember is an Indian or urban Indian.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Records of a separating member: provision of electronic copies
The House bill contained a provision (sec. 569F) that
would amend section 1142 of title 10, United States Code, to
require the Secretary concerned to provide electronic medical
records to separating servicemembers not later than 30 days
before such servicemember’s date of separation from military
service. The provision would also require the Secretary
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concerned to provide an electronic copy of separation documents
to separating servicemembers not later than 15 days after the
date of separation from military service.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
SkillBridge for the submarine industrial base
The House bill contained a provision (sec. 569G) that
would require the Secretary of Defense to conduct a survey to
determine which such employers in the submarine industrial base
are experiencing workforce shortages and use the SkillBridge
program to provide members training under such program with such
employers.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note the vital importance of qualified, skilled workers
in the submarine industrial base. We direct the Secretary of
Defense, in coordination with the Secretary of the Navy, to
provide a report to the congressional defense committees, not
later than 180 days after the date of the enactment of this Act,
on how the Department of Defense is using the SkillBridge
program to facilitate separating military personnel joining the
submarine industrial base to address workforce shortages.
Prohibition on diversity, equity, and inclusion policy bodies
for DODEA schools
The House bill contained a provision (sec. 573) that would
prohibit the Secretary of Defense from maintaining or
establishing diversity, equity, and inclusion (DEI) committees,
panels, offices, or other related organizations within schools
operated by the Department of Defense Education Activity
(DODEA).
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Verification of reporting of eligible federally connected
children for purposes of Federal impact aid programs
The House bill contained a provision (sec. 576) that would
require the commanders of each military installation to annually
submit written certification to their respective military
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departments verifying whether they have confirmed the
information contained in all Impact Aid source check forms.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that local commanders do not currently have access
to the information necessary to certify Impact Aid at the
installation level. We direct the Secretary of Defense, not
later than June 1, 2025, to brief the Committees on Armed
Services of the Senate and the House of Representatives on its
progress in working with the Defense Manpower Data Center to
gain access to the Defense Enrollment Eligibility Reporting
System in order to complete the Impact Aid source check
verification process.
Instruction in artificial intelligence and machine learning in
schools operated by the Department of Defense Education Activity
The House bill contained a provision (sec. 579) that would
direct the Secretary of Defense, acting through the Director of
the Department of Defense Education Activity, to require that
each student of a high school operated by the Activity receives
instruction in artificial intelligence and machine learning.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
GAO study on child care services provided or paid for by the
Department of Defense
The House bill contained a provision (sec. 579A) that
would direct the Comptroller General of the United States to
carry out a study to assess the childcare programs of the
Department of Defense, including military child development
centers, family home day care, Military Child Care in Your
Neighborhood, and Child Care in Your Home.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Committees on Armed Services of the
Senate and the House of Representatives are awaiting several
congressionally-directed studies and reports on childcare
programs of the Department of Defense by both the Comptroller
General of the United States and the Secretary of Defense. We
further note that the Secretary of Defense would be required to
submit additional information on childcare waiting lists under a
provision elsewhere in this Act.
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Prohibition on availability of funds for certain materials in
schools operated by the Department of Defense Education Activity
The House bill contained a provision (sec. 579B) that
would prohibit the availability of funds for any material that
contains, depicts, or otherwise includes pornographic content or
any material that espouses, advocates, or promotes gender
ideology in schools operated by the Department of Defense
Education Activity.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Prohibitions on provision of gender transition services through
an Exceptional Family Member Program of the Armed Forces
The House bill contained a provision (sec. 579C) that
would prohibit the provision of gender transition services
through the Exceptional Family Member Program of the Armed
Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on separating members who have health care experience and
Medical Reserve Corps
The House bill contained a provision (sec. 579D) that
would require the Secretary Defense, not later than 180 days
after the date of the enactment of this Act, and in consultation
with the Secretary of Health and Human Services, to submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the process by which members of the
Armed Forces with healthcare experience transition to civilian
life and the number of such members who join the Medical Reserve
Corps.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, not later than
December 31, 2025, to submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
process by which members of the Armed Forces with healthcare
experience transition to civilian life and the number of such
members who join the Medical Reserve Corps.
Prohibition of TikTok
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The House bill contained a provision (sec. 579E) that
would prohibit the use of TikTok within Department of Defense
Education Activity (DODEA) schools for instructional purposes.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing, by not later than July 1, 2025, on
the use of cell phones within the academic environment,
including an assessment of such use on student achievement. The
briefing should highlight trends within comparable civilian
secondary schools on cell phone use, identify which DODEA
schools currently have policies in place restricting use of cell
phones, include observations on the impact such restrictions
have had on student achievement in such schools, and make
recommendations for regulatory or statutory change as the
Secretary considers appropriate. Further, the briefing shall
consider specifically the use of social media in the learning
environment, including specifically the use of TikTok, and its
effect on student achievement. We note that the Department of
Defense Appropriations Act for Fiscal Year 2023 (Public Law 117-
328), enacted the No TikTok on Government Devices Act, which
instructs the Director of the Office of Management and Budget,
in consultation with the Administrator of General Services, the
Director of the Cybersecurity and Infrastructure Security
Agency, the Director of National Intelligence, and the Secretary
of Defense, to develop standards and guidelines for agencies
requiring the removal of TikTok from Federal information
technology.
Report on effectiveness of the exceptional family member program
The House bill contained a provision (sec. 579F) that
would direct the Comptroller General of the United States to
submit to Congress a report, not later than 1 year after the
date of the enactment of this Act, that includes: (1) The
results of a study of the effectiveness of the Exceptional
Family Member program authorized under section 1781c(e) of title
10, United States Code, with respect to the manner by which it
currently supports individuals with intellectual and
developmental disabilities; and (2) Recommendations to improve
the program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
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Study on high-impact tutoring in DODEA schools
The House bill contained a provision (sec. 579G) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing the results of a study on
high-impact tutoring programs in Department of Defense Education
Activity (DODEA) elementary and secondary schools.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We have heard of the benefits of high-impact tutoring
programs, which include programs in math, reading, or both
subjects for at least 30 minutes during a school day for at
least 3 days per week during the school year, and programs
taught by licensed DODEA teachers or paraprofessionals with a
student-to-tutor ratio of no more than three-to-one. We direct
the Secretary of Defense to brief the Committees on Armed
Services of the Senate and the House of Representatives, not
later than May 1, 2025, on DODEA tutoring programs, including
high-impact tutoring programs. Such briefing shall include–
(1) The total number of existing tutoring programs
within DODEA and estimated number of participating students by
location;
(2) The total number of existing tutoring programs
within DODEA that incorporate high-impact tutoring and estimated
number of participating students by location;
(3) A description of how DODEA tutoring programs are
funded;
(4) Recommendations for increasing student
participation in tutoring programs, including high-impact
tutoring programs;
(5) A discussion of any barriers to increasing
student participation in such tutoring programs; and
(6) An assessment of the feasibility and
advisability of developing a licensed tutoring workforce for
DODEA.
Authorization for award of Medal of Honor to E. Royce Williams
for acts of valor during the Korean War
The House bill contained a provision (sec. 581) that would
waive the time limitations specified in section 8298 of title
10, United States Code, and authorize the President to award the
Medal of Honor to E. Royce Williams for acts of valor during the
Korean Conflict.
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The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We acknowledge and honor Royce Williams’s heroism while
engaged in aerial combat over the Sea of Japan on November 18,
1952, for which he was awarded the Silver Star.
Authorization for award of the Medal of Honor to Thomas H.
Griffin for acts of valor as a member of the Army during the
Vietnam War
The House bill contained a provision (sec. 582) that would
waive the time limitations specified in section 7274 of title
10, United States Code, and authorize the President to award the
Medal of Honor to Thomas Helmut Griffin for his acts of valor as
a member of the Army during the Vietnam War.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize and honor the heroism and courage of Thomas
Helmut Griffin for his actions in Vietnam from March 1 through
March 3, 1969, for which he was awarded the Silver Star.
Authorization for award of Medal of Honor to James Capers, Jr.
for acts of valor as a member of the Marine Corps during the
Vietnam War
The House bill contained a provision (sec. 583) that would
waive the time limitations specified in section 8298 of title
10, United States Code, and authorize the President to award the
Medal of Honor to James Capers, Jr. for the acts of valor during
the Vietnam War.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize and honor the heroism and courage of James
Capers, Jr., for his service in Vietnam during the period of
March 31 through April 3, 1967, for which he was awarded the
Silver Star.
Authorization of award of Medal of Honor to Gregory McManus for
acts of valor
The House bill contained a provision (sec. 584) that would
waive the time limitations specified in section 7274 of title
10, United States Code, and authorize the President to award the
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Medal of Honor to Gregory McManus for his acts of valor as a
member of the Army during the Vietnam War.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize and honor the heroism and courage of Gregory
McManus during his service in Vietnam, for which he was awarded
the Distinguished Flying Cross.
Authorization for Last Servicemember Standing medal
The House bill contained a provision (sec. 585) that would
amend chapter 57 of title 10, United States Code, to authorize a
service medal to be known as the “Last Servicemember Standing
medal.”
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Committees on Armed Services of the
Senate and the House of Representatives received a briefing from
the Secretary of Defense on March 5, 2024, pursuant to a
directed requirement in the conference report (H. Rept. 188-301)
accompanying the National Defense Authorization Act for Fiscal
Year 2024. In this briefing, the Secretary noted that the
Department of Defense has a well-established military
decorations and awards program based on specific criteria, which
results in distinct recognition for each type of action or
service. Recognizing a servicemember for being the last person
standing would result in duplicate recognition for awards
already authorized through the Department’s military decorations
and awards program.
Eligibility of veterans of Operation End Sweep for Vietnam
Service Medal
The House bill contained a provision (sec. 586) that would
authorize the Secretaries of the military departments concerned
to award the Vietnam Service Medal to a veteran who participated
in Operation End Sweep.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We acknowledge the distinguished service of veterans who
participated in Operation End Sweep from February 6, 1973 to
July 18, 1973, in undertaking the harrowing work of clearing sea
mines laid in Vietnamese waters. We value the honorable
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performance of Operation End Sweep veterans following the
cessation of military combat operations in Vietnam.
Authorization of award of Medal of Honor to Joseph M. Perez for
acts of valor as a member of the Army during the Vietnam War
The House bill contained a provision (sec. 587) that would
recognize the acts of valor by Joseph M. Perez while serving as
a Sergeant in the Army in South Vietnam on May 26, 1967, and
would waive the time limitation in section 7274 of title 10,
United States Code, to authorize the President to award Joseph
M. Perez with the Medal of Honor.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize and honor the service, sacrifice, and valor
of Joseph M. Perez during his service in Vietnam on May 26,
1967, for which he was awarded the Distinguished Service Cross.
Authorization of award of Medal of Honor to Juan Ogo Blaz for
acts of valor while serving as a member of the Army during the
Vietnam War
The House bill contained a provision (sec. 588) that would
waive the time limitations specified in section 7274 of title
10, United States Code, to authorize the President to award the
Medal of Honor to Juan Ogo Blaz for acts of valor while serving
as a member of the Army during the Vietnam War on January 18,
1969, for which he was awarded the Distinguished Service Cross.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Army is currently reviewing the records
of Juan Ogo Blaz to determine whether he should be awarded the
Medal of Honor under the requirements of section 586 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328).
Authorization of award of Medal of Honor to Martin A. Maglona
for acts of valor while serving as a member of the Army during
the Vietnam War
The House bill contained a provision (sec. 589) that would
waive the time limitations in section 7274 of title 10, United
States Code, to authorize the President to award the Medal of
Honor to Martin A. Maglona for acts of valor while serving as a
member of the Army during the Vietnam War on February 23, 1969.
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The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Army is currently reviewing the records
of Martin A. Maglona to determine whether he should be awarded
the Medal of Honor under the requirements of section 586 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328).
Modification to annual reports on racial and ethnic demographics
in the military justice system
The House bill contained a provision (sec. 591) that would
require additional reporting information on administrative
actions in the annual reports to Congress on racial and ethnic
demographics in the military justice system.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the reporting required by the House provision
is already required by section 486 of title 10, United States
Code.
Modernization of dress codes and policies on military
installations during non-working and non-duty status hours
The House bill contained a provision (sec. 593) that would
direct the Secretaries of the military departments to issue
guidance, not later than June 1, 2025, to commanders of
installations under the jurisdiction of such Secretaries to
require the modernization of dress codes or policies for members
of the Armed Forces during non-working and non-duty status
hours, while on military installations, and for all military
dependents on military installations at any time.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the military services currently have policies
prescribing dress codes for military members.
Pilot program to allow members in the Department of the Air
Force to grow beards
The House bill contained a provision (sec. 594) that would
require the Secretary of the Air Force to establish a pilot
program to allow members of the Air Force and Space Force to
grow beards.
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The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of the Air Force, not later than
April 1, 2025, to brief the Committees on Armed Services of the
Senate and the House of Representatives on the feasibility and
advisability of establishing a pilot program to authorize
members of the Air Force and Space Force to grow beards. Such
briefing shall include the following elements: (1) The
evaluation of the Secretary of the compatibility of beards with
military equipment that requires an airtight seal, such as a gas
mask; (2) An assessment of the effect of beard growth on
discipline, morale, and unity within the ranks; (3) A
determination whether allowing members to grow beards improves
inclusivity, including for members with conditions like
pseudofolliculitis barbae or who wish to grow beards for
religious purposes; (4) Identifications of any negative
perception or bias towards members with beards; and (5)
Strategies to mitigate such negative perceptions or bias.
Female members of certain Armed Forces and civilian employees of
the Department of Defense in STEM
The House bill contained a provision (sec. 595) that would
require the Secretary of Defense to conduct a study on how to
increase the participation of women in science, technology,
engineering, and mathematics (STEM) positions in the Armed
Forces.
The Senate-committee reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that women are eligible for all military
occupational specialties related to STEM, and many women in
service work in STEM and STEM-related functions in today’s
military. Additionally, STEM internship opportunities in the
SkillBridge program are already available to members of the
Armed Forces transitioning from active duty to civilian life.
Study on benefits of standardizing policies regarding basic
allowance for housing and family housing eligibility for members
of the Armed Forces serving on active duty who are unaccompanied
and pregnant
The House bill contained a provision (sec. 596) that would
direct the Secretary of Defense, in coordination with the
Secretaries of the military departments, to carry out a study on
the policies regarding basic allowance for housing and family
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housing eligibility for members of the Armed Forces serving on
active duty who are unaccompanied and who become pregnant while
residing in unaccompanied housing.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than January 1, 2026, on military
service policies regarding unaccompanied members of the Armed
Forces who become pregnant while residing in unaccompanied
housing. Such briefing shall include: (1) An overview of current
service policies regarding when unaccompanied members of the
Armed Forces who become pregnant while residing in unaccompanied
housing become eligible for basic allowance for housing and
family housing, respectively; (2) Whether disparities exist
between written policies on this topic and the implementation of
such policies; (3) Any policy or legislative recommendations to
standardize and update such policies across the Armed Forces, as
appropriate; and (4) Any costs associated with the
implementation of the policy and legislative recommendations in
part (3).
Sense of Congress regarding military service by individuals with
amputations
The House bill contained a provision (sec. 598) that would
express a sense of Congress that the Secretary of Defense should
issue medical waivers to individuals seeking to serve in the
Armed Forces who are precluded from serving solely because of a
non service-connected amputation.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We acknowledge the honorable and meaningful contributions
that individuals with amputations have made to the country while
serving in the United States military. We urge the Department of
Defense to explore avenues for individuals with non serviceconnected amputations to serve in support of the nation’s
defense.
Report on National Guard sexual assault and response prevention
training
The House bill contained a provision (sec. 599) that would
require the Chief of the National Guard Bureau to submit a
report to the Committees on Armed Services of the Senate and the
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House of Representatives containing the number of National Guard
members, aggregated by state, that received sexual assault and
response prevention training in the preceding calendar year not
later than 180 days after the date of the enactment of this Act
for the initial report and annually by March 30 beginning in
2026.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Chief of the National Guard Bureau to submit
a briefing to the Committees on Armed Services of the Senate and
the House of Representatives containing the number of National
Guard members, aggregated by state, that received sexual assault
and response prevention training in the preceding calendar year
by not later than July 1, 2025.
Commercial transition for military aviation mechanics
The House bill contained a provision (sec. 599A) that
would direct the Secretary of Defense to create a strategy to
support the transition of military aviation mechanics to
commercial aviation mechanics after active duty service.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Entrepreneurship program for servicemembers
The House bill contained a provision (sec. 599B) that
would require the Secretary of Defense to study the feasibility
of establishing a mentoring program for members of the Armed
Forces who are interested in becoming entrepreneurs or founding
start-up businesses after their active duty service.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that under section 1142(c) of title 10, United
States Code, the Department of Defense is currently required to
provide unique counseling pathways for members participating in
the Transition Assistance Program who are interested in becoming
entrepreneurs.
Defense Advisory Committee on Diversity and Inclusion; report
The House bill contained a provision (sec. 599C) that
would require the Secretary of Defense to submit a report on the
organization, activities, and costs associated with the Defense
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Advisory Committee on Diversity and Inclusion to the Committees
on Armed Services of the Senate and the House of
Representatives.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on integration of chaplains into activities in the IndoPacific region
The House bill contained a provision (sec. 599D) that
would require the Secretary of Defense to submit a report to
Congress assessing the integration of chaplains into Department
of Defense activities in the Indo-Pacific region.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Priority in expansion of pilot program to provide financial
assistance to members of the Armed Forces for in-home child care
The House bill contained a provision (sec. 1815) that
would amend section 589 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283) to require the Secretary of Defense to give
priority to certain remote locations in the expansion of the
Child Care in Your Home pilot program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than April 1, 2025, on administrative
and cost barriers to expanding the Child Care in Your Home pilot
program. Such briefing shall include: (1) An overview of the
administrative requirements and costs of the program; (2) An
assessment of the feasibility and advisability of expanding the
pilot into additional locations, including Fort Drum, New York;
Holloman Air Force Base, New Mexico; Naval Air Station Lemoore,
California; and Marine Corps Air Ground Combat Center Twentynine
Palms, California; and (3) Any other relevant matters that the
Secretary deems appropriate.
Briefing on access of members of National Guard to child care
services at military child development centers
130
The House bill contained a provision (sec. 1818) that
would require the Secretary of Defense to provide a briefing
regarding the access of members of the National Guard to
childcare services at military child development centers.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than January 1, 2026, on access of
members of the National Guard to childcare services at military
Child Development Centers (CDC). Such briefing shall include the
following elements:
(1) The estimated number of families in the National
Guard with children under 12 years of age;
(2) The estimated number of families in the National
Guard with children under 12 years in which both parents are
members of the National Guard;
(3) The estimated number of single parent households
in which the parent is a member of the National Guard;
(4) The average number of days during the year in
which a member of the National Guard who has a child under 12
years of age is serving on Active Duty or inactive duty
training;
(5) The estimated number of members of the National
Guard with a child under 12 years of age who live within 50
miles of a CDC;
(6) The estimated number of National Guard
installations located within 50 miles of a CDC; and
(7) Any other relevant matters that the Secretary
deems appropriate.
Briefing on implementation of recommendations of Quality of Life
Panel
The House bill contained a provision (sec. 1854) that
would require the Secretary of Defense to provide to the
Committee on Armed Services of the House of Representatives a
briefing on the implementation of the recommendations in the
report, dated April 2024 of the Quality of Life Panel of such
Committee.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than January 1, 2026, on the
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Department of Defense’s implementation of the recommendations
contained in the report, dated April 2024 of the House Armed
Services Committee’s Quality of Life Panel.
Longer term and eligibility for appointment to rank of Admiral
of Commander of Naval Sea Systems Command
The Senate committee-reported bill contained provisions
(sec. 509B, sec. 1047) that would require the Commander of the
Naval Sea Systems Command to serve a term of 8 years, and make
the Commander eligible for appointment to the rank of admiral
during that final 3 years of that service.
The House bill contained no similar provision.
The agreement does not include the Senate provisions.
We note that the Secretary of the Navy currently has the
authority to extend the tenure of the Commander of Naval Sea
Systems Command, and has done so in the past under certain
individual circumstances. Additionally, the Navy is considering
the establishment of a new materiel command that could have
implications for the organization of the Navy’s systems
commands, including Naval Sea Systems Command.
Permanent modification to the Army National Guard and Air
National Guard inactive National Guard statute
The Senate committee-reported bill contained a provision
(sec. 511) that would amend section 303 of title 32, United
States Code, to authorize officers to transfer from the Selected
Reserve to the Inactive National Guard.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Selective Service Director appointment subject to Senate
confirmation
The Senate committee-reported bill contained a provision
(sec. 523) that would amend section 3809 of title 50, United
States Code, to require Senate confirmation of the Director,
Selective Service, effective for appointments made 60 days after
the date of the enactment of this Act.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Modification of persons not qualified for enlistment definition
The Senate committee-reported bill contained a provision
(sec. 527) that would amend section 504 of title 10, United
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States Code, to broaden the authorized duties of certain noncitizen individuals who enlist in the Armed Force.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Combat status identifier equivalent for remotely piloted
aircraft crew
The Senate committee-reported bill contained a provision
(sec. 529) that would require the Secretaries of the military
departments to establish a status identifier of equivalent merit
as a combat status identifier for remotely piloted aircraft
crews who conduct combat operations.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Exemption of women forced to register for draft from
requirements to serve in combat roles
The Senate committee-reported bill contained a provision
(sec. 529B) that would specify that women drafted into service
under the Selective Service System may not be compelled to join
combat roles that were closed to women prior to December 3,
2015, train or become qualified in a combat arms military
occupational specialty, or join a combat arms unit.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Pre-referral requirements related to sufficiency of admissible
evidence
The Senate committee-reported bill contained a provision
(sec. 534) that would amend Article 34 of the Uniform Code of
Military Justice (10 U.S.C. 834) to require a written
determination by a staff judge advocate or special trial counsel
that the admissible evidence will probably be sufficient to
obtain and sustain a conviction before a charge can be referred
to trial by general court-martial.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Reimbursement of expenses and property damage for victims of
designated offenses under the Uniform Code of Military Justice
The Senate committee-reported bill contained a provision
(sec. 539) that would amend chapter 53 of title 10, United
States Code, to authorize the Secretaries of the military
133
departments to provide payments to victims of designated
offenses under the Uniform Code of Military Justice for
unreimbursed expenses directly related to the harm suffered as
the result of being victimized, including health care expenses,
travel expenses, and expenses for property damage or loss
resulting from the designated offense.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Investigations of sexual assaults in the National Guard
The Senate committee-reported bill contained a provision
(sec. 543) that would require the Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in the
Armed Forces (DACIPAD) to review how states investigate and
prosecute allegations of sexual assault with a National Guard
nexus, and to make recommendations on improving investigations
and reporting of sexual assaults within the National Guard. The
provision would require the DACIPAD to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives on this review. The provision would also specify
that state Adjutants General are senior officials for the
purposes of investigating allegations of reprisal.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the DACIPAD to review how states investigate and
prosecute allegations of sexual assault with a National Guard
nexus and how investigations and reporting of sexual assaults
within the National Guard can be improved. The review shall
include: (1) An overview of the processes by which states
investigate allegations of sexual assault within the National
Guard; (2) An assessment of the extent to which, and the
effectiveness with which, the Office of Complex Investigations
(OCI) within the National Guard Bureau provides assistance to
state National Guards in the investigation of such allegations;
(3) An assessment of the organizational structure of the OCI and
its authority to investigate, including a description of OCI’s
funding, the number of personnel assigned, and the force mix
between military, civilian, and contractor personnel, OCI’s
relationships with state authorities, and an assessment of
whether OCI should be codified in permanent law; and (4) Any
other matter that the DACIPAD considers appropriate to review
with respect to the investigation and prosecution of sexual
assaults with a National Guard nexus.
We direct the DACIPAD to submit a report to the Committees
on Armed Services of the Senate and the House of Representatives
134
on the results of this review by not later than February 28,
2026.
Inclusion of Space Force professional military education
programs in definitions of senior and intermediate level service
schools and as covered programs for copyright purposes
The Senate committee-reported bill contained a provision
(sec. 557) that would amend section 2151(b) of title 10, United
States Code, to include Space Force professional military
education programs in the list of authorized Department of
Defense professional military education institutions.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Support for expanding early child care options for members of
the Armed Forces and their families
The Senate committee-reported bill contained a provision
(sec. 579) that would authorize the Secretary of Defense to
authorize the Secretaries of the military departments to support
eligible childcare providers in their recruitment and retention
of childcare employees.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than January 1, 2026, on the
feasibility and advisability of entering into an interagency
partnership with another Federal agency with the ability to
place national service participants and volunteers trained in
education services at military child development centers in
accordance with applicable national service laws.
Waiver authority for Junior Reserve Officer’s training Corps
minimum participation requirement
The Senate committee-reported bill contained a provision
(sec. 582) that would amend section 2031(b) of title 10, United
States Code, to require the Secretary of the military department
concerned to issue a 5-year waiver of the minimum student
participation requirement in order for a school to establish a
Junior Reserve Officers’ Training Corps (JROTC) unit, if the
school meets all other statutory requirements for JROTC
participation.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
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Authority to award or present a decoration following a
congressionally requested review
The Senate committee-reported bill contained a provision
(sec. 591) that would amend section 1130 of title 10, United
States Code, to authorize the award of a decoration following a
submission of a favorable recommendation for the award, after a
60-day congressional review period.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
National Commission on Quality of Life for the All-Volunteer
Armed Force
The Senate committee-reported bill contained a provision
(sec. 596) that would establish an independent commission in the
legislative branch to be known as the Commission on Quality of
Life for the All-Volunteer Armed Force.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Department of Defense process for sharing military service data
with states
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5521) that
would enact the Military and Education Data Integration Act.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that some secondary schools fail to provide
meaningful access to military recruiters. As such, we direct the
Secretary of Defense, in consultation with the Secretary of
Education, to submit to the Committees on Armed Services of the
Senate and the House of Representatives a briefing, not later
than April 1, 2025, on the feasibility of developing a secure
data sharing process between the Department of Defense and state
education agencies. The report shall address, at a minimum, the
following: (1) The cost of establishing a database that state
education agencies may access; (2) The type of data that the
Department of Defense could share with the state education
agencies; (3) The type of data that the state education agencies
could share with the Department of Defense; and (4) The
anticipated benefits of sharing that data for both the
Department of Defense and the state education agencies.
Review of special education processes and procedures of
Department of Defense Education Activity
136
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5572) that
would require the Director of the Department of Defense
Education Activity (DODEA) to review the special education
processes and procedures in place within DODEA to locate,
identify (through screening or other evidence-based tools),
evaluate, and refer children with disabilities from birth to age
21 and provide evidence-based interventions and supports for
students with disabilities.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Comptroller General of the United States to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives, not later than January
1, 2026, on special education processes and procedures in DODEA
schools. Such briefing shall include the following:
(1) The processes DODEA uses to locate, screen, and
identify children with deficiencies in early literacy skill
development and specific learning disabilities, particularly
dyslexia;
(2) The number of DODEA students with deficiencies
in early literacy skills or specific learning disabilities;
(3) The staffing ratio standards, credentials and
certifications, and professional development requirements for
staff who support children with early literacy deficits and
specific learning disabilities, particularly dyslexia;
(4) The curriculum and interventions DODEA uses to
support literacy skill development for students with early
literacy deficits and specific learning disabilities,
particularly dyslexia; and
(5) Any differences in the above-mentioned areas by
region or district across DODEA.
Establishment of program to promote participation of foreign
students in the Senior Reserve Officers’ Training Corps
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5595) that
would require the Secretary of Defense to establish a program to
promote the participation of foreign students in the Senior
Reserve Officers’ Training Corps.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
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SUBTITLE A—BASIC PAY, RETIRED PAY, AND
LEAVE
Sec. 601 – Reform of basic pay rates
The House bill contained a provision (sec. 1801) that
would increase basic pay for all grades by 4.5 percent, except
for pay grades E–1 through E–4, which would increase by an
average of 15 percent.
The Senate committee-reported bill contained a similar
provision (sec. 601) that would reform basic pay rates by
increasing monthly basic pay for junior enlisted servicemembers
in the grades of E-1 through E-3.
The agreement includes the House provision with an
amendment that would adjust the pay tables for fiscal year 2025,
effective April 1, 2025, to increase junior enlisted pay by 10
percent.
Sec. 602 – Policy on postpartum physical fitness tests and body
composition assessments
The House bill contained a provision (sec. 601) that would
amend section 701(k) of title 10, United States Code, to include
pregnancy as a waiverable condition for participation in the
Physical Fitness Tests and Body Composition Assessments.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would narrow the scope of this provision to apply
only to members of the Armed Forces who have given birth, lost a
pregnancy, or had a stillbirth.
Sec. 603 – Extension of parental leave to members of the Coast
Guard Reserve
The House bill contained a provision (sec. 602) that would
extend parental leave to members of the Coast Guard Reserve.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 604 – Elimination of cap on additional retired pay for
extraordinary heroism for members of the Army and Air Force who
served during the Vietnam Era
138
The House bill contained a provision (sec. 604) that would
amend sections 1402, 7361, and 9361 of title 10, United States
Code, to eliminate the cap on additional retired pay for
extraordinary heroism for members of the Army and Air Force who
served during the Vietnam era.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 605 – Calculation of retired pay for certain officers who
served in grade O–9 or O–10 and retired in grade O–8
The Senate committee-reported bill contained a provision
(sec. 621) that would amend section 1407 of title 10, United
States Code, to create a special rule for officers having served
in the temporary grades of O-9 or O-10 and who receive a
conditional or permanent retirement in the grade of O-8. The
provision would require that such officer’s final retirement pay
be the lower of the amount calculated under the high-three year
average formula pursuant to section 1407, or the final pay
formula for members of the Armed Forces under section 1406 of
title 10, United States Code, as if such officer first became a
member of the Armed Forces prior to September 8, 1980.
The House bill contained no similar provision.
The agreement includes the Senate provision.
SUBTITLE B—BONUS AND INCENTIVE PAYS
Sec. 611 – One-year extension of certain expiring bonus and
special pay authorities
The House bill contained a provision (sec. 612) that would
extend, through December 31, 2024, certain expiring bonus and
special pay authorities relating to Reserve forces; health care
professionals; nuclear officers; consolidated special,
incentive, and bonus authorities under title 37, United States
Code; and temporary increases in rates of basic allowance for
housing.
The Senate committee-reported bill contained an identical
provision (sec. 611).
The agreement includes this provision.
Sec. 612 – Increase in accession bonus for health professions
scholarship and financial assistance program
139
The Senate committee-reported bill contained a provision
(sec. 613) that would amend section 2128 of title 10, United
States Code, to increase the maximum accession bonus for the
health professions scholarship and financial assistance program
from $20,000 to $100,000.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 613 – Increase in maximum skill proficiency bonus amount
The Senate committee-reported bill contained a provision
(sec. 612) that would amend section 353(c)(2) of title 37,
United States Code, to increase the maximum annual skill
proficiency bonus authorized under such section to $55,000.
The House bill contained no similar provision.
The agreement includes the Senate provision.
SUBTITLE C—ALLOWANCES
Sec. 621 – Basic needs allowance for members on active service
in the Armed Forces: expansion of eligibility; increase of
amount
The House bill contained a provision (sec. 1804) that
would amend section 402b of title 37, United States Code, to
expand eligibility for the Basic Needs Allowance to those
qualifying households earning up to 200 percent of the Federal
poverty guidelines.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 622 – Authority to pay basic allowance for housing to
junior enlisted members on sea duty
The House bill contained a provision (sec. 1805) that
would amend section 403(f) of title 37, United States Code, to
authorize the Secretary of the military department concerned to
authorize the payment of a Basic Allowance for Housing to a
member of the uniformed services without dependents who is
serving in a pay grade below E-6 and is assigned to initial
field or sea duty.
The Senate committee-reported bill contained a similar
provision (sec. 603).
The agreement includes the Senate provision.
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Sec. 623 – Reimbursement of expenses relating to travel for
inactive-duty training and muster duty
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5621) that
would require the Secretary of Defense to revise the Joint
Travel Regulations maintained under section 464 of title 37,
United States Code, to ensure that if a member of a reserve
component drives a vehicle of the member to inactive-duty
training, the member may be paid a mileage allowance for the
mileage driven by the member.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense to
reimburse members of the reserve component who travel more than
50 miles to attend inactive-duty training and muster duty for
their actual and necessary expenses of travel and
transportation; and to pay meals, incidentals, and expenses
related to such travel to the same extent specified in
regulations prescribed under section 464 of title 37, United
States Code, for a member on official travel. The amendment
would not be effective until January 1, 2027.
Sec. 624 – Expansion of travel and transportation allowance to
move or store privately owned vehicles
The House bill contained a provision (sec. 1806) that
would amend section 453 of title 37, United States Code, to
allow the Secretary of Defense to authorize shipment and storage
of up to two privately owned vehicles per household during
permanent change of station moves to certain non-foreign and
foreign overseas duty locations.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 625 – Extension of authority to pay one-time uniform
allowance for officers who transfer to the Space Force
The Senate committee-reported bill contained a provision
(sec. 614) that would amend section 606 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) to extend the authority for the
Secretary of the Air Force to pay a one-time uniform allowance
to officers who transfer to the Space Force.
The House bill contained no similar provision.
141
The agreement includes the Senate provision.
Sec. 626 – Travel and transportation allowances: prohibition of
requirement of zero-emission vehicle
The House bill contained a provision (sec. 623) that would
prohibit any travel or transport allowance paid pursuant to the
Joint Travel Regulations for the Uniformed Services to require
that such travel or transportation be in a zero-emission
vehicle.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would ensure that servicemembers with personallyowned zero-emission vehicles are still eligible.
Sec. 627 – Evaluation of the rates of the basic allowance for
subsistence
The House bill contained a provision (sec. 1803) that
would require the Secretary of Defense to evaluate the current
calculation model for servicemember basic allowance for
subsistence and to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives
regarding such evaluation.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 628 – Report regarding the calculation of cost-of-living
allowances
The House bill contained a provision (sec. 1807) that
would require the Secretary of Defense to evaluate the current
calculation methods for cost-of-living allowances for locations
both inside and outside the continental United States.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
SUBTITLE D—FAMILY AND SURVIVOR BENEFITS
Sec. 631 – Expansion of eligibility for certain benefits that
arise from the death of a member of the Armed Forces
142
The House bill contained a provision (sec. 631) that would
amend section 1475(a) of title 10, United States Code, to
authorize the payment of a death gratuity and casualty
assistance for ROTC cadets who die as the result of a sanctioned
training event.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 632 – Extension of time for minor survivors to file death
gratuity claims
The Senate committee-reported bill contained a provision
(sec. 622) that would amend section 1480 of title 10, United
States Code, to extend the time of eligibility for certain minor
survivors to file death gratuity claims for survivor
compensation to the date that is the later of 3 years after the
affected individual reaches 21 years of age, or 6 years after
the death with respect to which the claim is made.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 633 – Parent fees at military child development centers for
child care employees
The House bill contained a provision (sec. 1812) that
would amend section 1793 of title 10, United States Code, to
require all military services to cover 100 percent of childcare
fees for the first child of staff enrolled in the Department of
Defense Child Development Program and would authorize the
military services to cover up to 100 percent of childcare fees
for any additional children of such staff.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 634 – Information regarding paternal engagement on website
of Military OneSource
The House bill contained a provision (sec. 633) that would
amend section 561 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) to require the Military
OneSource website to include information regarding paternal
engagement programs.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
143
SUBTITLE E—DEFENSE RESALE MATTERS
Sec. 641 – Prohibition on sale of garlic from the People’s
Republic of China at commissary stores
The Senate committee-reported bill contained a provision
(sec. 629) that would amend section 2484 of title 10, United
States Code, to prohibit the sale in commissary stores of garlic
originating from, or processed in, the People’s Republic of
China.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would limit the restrictions of the provision to
fresh or chilled garlic originating from the People’s Republic
of China.
Sec. 642 – Sale of certain supplies of the Navy and Marine Corps
to certain former members of the Coast Guard
The House bill contained a provision (sec. 643) that would
authorize members of the Coast Guard to purchase certain
supplies.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
SUBTITLE F—OTHER BENEFITS, REPORTS, AND
BRIEFINGS
Sec. 651 – Access to broadband internet access service for
certain members of the Armed Forces
The Senate committee-reported bill contained a provision
(sec. 623) that would amend chapter 134 of title 10, United
States Code, to authorize the Secretaries of the military
departments to provide, without charge, high-speed internet
access and wireless network connections to members of the Armed
Forces who reside in unaccompanied housing within the United
States.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense to develop
a policy and issue guidance to the military departments on the
implementation of the authority.
144
Sec. 652 – Extension of exclusion of certain employees from
Government lodging program
The Senate committee-reported bill contained a provision
(sec. 624) that would amend section 914 of the Carl Levin and
Howard P. “Buck” McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291) to extend the termination
date of the pilot program established under that section to
December 31, 2029; to exempt certain public shipyard workers
from the Department of Defense Government Lodging Program; and
to require annual briefings on the use of the exemptions under
the program through February 1, 2030.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 653 – Promotion of tax preparation assistance programs
The House bill contained a provision (sec. 651) that would
require the Secretary of Defense to ensure that servicemembers
are aware of various tax preparation assistance programs.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would authorize the required tax assistance
notification to be provided through electronic means.
Sec. 654 – Pilot program to increase access to food on military
installations of the Army
The House bill contained a provision (sec. 1851) that
would increase access to food on military installations by
permitting servicemembers who reside in unaccompanied housing on
a military installation to use their common access card to pay
for meals at dining facilities, restaurants, and commissaries.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Army to implement a pilot
program to make food available to certain servicemembers under
the pilot program using a common access card or other similar
means.
We direct the Secretaries of the Air Force and Navy to
brief the Committees on Armed Services of the Senate and the
House of Representatives, not later than January 1, 2026, on the
feasibility and advisability of implementing a pilot program to
increase access to food on military installations of their
respective military departments.
145
LEGISLATIVE PROVISIONS NOT ADOPTED
Prohibition on exposing members of the Armed Forces to Chinese
military company investments through the Thrift Savings Plan
The House bill contained a provision (sec. 603) that would
prohibit investment in the Thrift Savings Plan mutual fund
window if any mutual fund holds a Chinese military company.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Expansion of bereavement leave
The House bill contained a provision (sec. 605) that would
amend section 701 of title 10, United States Code, to expand
military bereavement to 12 weeks.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Program to assist servicemembers at risk of suicide
The House bill contained a provision (sec. 606) that would
require the Secretary of Defense, in consultation with the
Director of the Defense Health Agency, to develop and implement
a centralized program to monitor and provide assistance to
members of the Armed Forces at risk of suicide who have been
recently discharged from health care, as outlined in
Recommendation 6.29 of the final report issued by the Suicide
Prevention and Response Independent Review Committee.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Incentive pay: explosive ordnance disposal duty
The House bill contained a provision (sec. 611) that would
add a new section to chapter 5 of title 37, United States Code,
requiring the Secretary of Defense to make certain improvements
to incentive pay for explosive ordnance disposal duty.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that in the Senate report accompanying S. 2226 (S.
Rept. 118-58) of the National Defense Authorization Act for
Fiscal Year 2024, the Secretary of Defense was required to
146
examine and make recommendations pertaining to the establishment
of an analytical framework for special and incentive pays
authorized under title 37, United States Code, and to issue a
report on special and incentive pays and such analytical
framework to the Committees on Armed Services of the Senate and
the House of Representatives. This report is still pending.
Assignment incentive pay for members assigned to Creech Air
Force Base and Naval Air Station Fallon
The House bill contained a provision (sec. 613) that would
allow the Secretary concerned to designate the assignment of a
member of the Armed Forces to Creech Air Force Base, Nevada, or
Naval Air Station Fallon, Nevada, as an assignment that makes
the member eligible for assignment incentive pay under section
307a of title 37, United States Code.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that in the Senate report accompanying S. 2226 (S.
Rept. 118-58) of the National Defense Authorization Act for
Fiscal Year 2024, the Secretary of Defense was required to
examine and make recommendations pertaining to the establishment
of an analytical framework for special and incentive pays
authorized under title 37, United States Code, and to issue a
report on special and incentive pays and such analytical
framework to the Committees on Armed Services of the Senate and
the House of Representatives. This report is still pending.
Basic needs allowance: exclusion of basic allowance for housing
from the calculation of gross household income of an eligible
member of the Armed Forces
The House bill contained a provision (sec. 621) that would
modify how gross household income is calculated for purposes of
determining a servicemember’s eligibility for a basic needs
allowance.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that quality of life measures, including increases
in basic pay and other allowances, are addressed elsewhere in
this Act.
Basic allowance for housing: pilot program to outsource rate
calculation
147
The House bill contained a provision (sec. 622) that would
establish a pilot program to evaluate the method by which the
Basic Allowance for Housing (BAH) rate is calculated.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Secretary of Defense is currently in the
process of finalizing the fourteenth Quadrennial Review of
Military Compensation, which will address and make
recommendations about the method for calculating BAH.
Sense of Congress on increase to the family separation allowance
The House bill contained a provision (sec. 624) that would
express the sense of Congress regarding an increase to the
family separation allowance.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We urge the Secretary of Defense to review the family
separation allowance to determine whether it is adequate to meet
the needs of military families and to make adjustments to such
allowance as appropriate.
Payment instead of reimbursement for the transportation of
certain remains to two locations if the second location is a
national cemetery
The House bill contained a provision (sec. 632) that would
amend section 1482 of title 10, United States Code, to require
the Department of Defense (DOD) to contract for the dignified
transportation of the remains of certain servicemembers to a
second location if the second location is a national cemetery.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than May 1, 2025, on the feasibility
and advisability of amending section 1482 of title 10, United
States Code, to require DOD to contract for the transportation
of the remains of servicemembers to a second location, if the
second location is a national cemetery. Such briefing shall
address the following: (1) Current process and reimbursement
procedures; (2) Current length of time to process funeral
claims; (3) The impact or concerns with contracting law; (4) The
means by which the Secretary may improve such process to reduce
148
the time described in item (2); and (5) Any legislative
recommendations to improve such processes to reduce the time
described in item (2).
Military OneSource for a remarried surviving spouse of a
deceased member of the Armed Forces: eligibility; information
The House bill contained a provision (sec. 634) that would
expand eligibility of the Military OneSource program to
remarried surviving spouses of deceased members of the Armed
Forces. Further, it would require the Secretary of Defense to
publish and maintain casualty assistance information on the
Military OneSource website for these surviving spouses.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We understand the important resource Military OneSource is
for servicemembers, veterans, and their families. Currently,
there are varying timeframes of access to Military OneSource
after retirement or discharge, and even after remarriage. We
understand that certain portions of Military OneSource require
Common Access Card (CAC) access, but it is unclear what requires
a CAC versus what does not. To better understand the access
concerns and potential benefits of expanding the period of
availability, we direct the Secretary of Defense to brief the
Committees on Armed Services of the Senate and House of
Representatives, no later than September 30, 2025, on: (1)
Existing access regulations for Military OneSource; (2)
Rationale behind the existing access regulations; (3) Rationale
for CAC access on Military OneSource and any relevant security
concerns for removing CAC requirements; (4) Recommendations for
periods of access for retired and discharged servicemembers and
their families, to include any concerns with expanding the
timeframe for access; (5) Recommendations for an appropriate
timeline for access to Military OneSource that are consistent
across varying groups of individuals; and (6) Any relevant
legislative changes that are required to adjust access
standards.
Guide for survivors to claim the personal effects of a deceased
member of the Armed Forces
The House bill contained a provision (sec. 635) that would
require the Secretary of Defense, in consultation of the
Secretaries of the military departments and not later than
September 30, 2025, to publish and post on the website of
Military OneSource a guide regarding how a survivor of a
149
deceased member of the Armed Forces may: (1) Receive the
personal effects of such member; and (2) File a claim with the
Secretary of the military department concerned if the survivor
believes such effects were disposed of incorrectly.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that this information is already provided to the
next of kin of a deceased member of the Armed Forces.
Adoption or guardianship assistance for members of the Armed
Forces and veterans
The House bill contained a provision (sec. 636) that would
amend section 1052 of title 10, United States Code, to expand
the eligible assistance to military families that adopt or take
legal guardianship of a child.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than April 1, 2025, on the
feasibility and advisability of expanding assistance programs
available to military members and their families that adopt or
take guardianship of a child, including an assessment of whether
to expand eligibility for such assistance to include those who
take legal guardianship of a child, whether a flat-fee
entitlement would be preferable to reimbursing actual costs, and
whether and to what extent monetary assistance authorized under
existing law should be increased.
Expansion of period of availability of Military OneSource
program for retired and discharged members of the Armed Forces
and their immediate families
The House bill contained a provision (sec. 637) that would
expand the period of eligibility for the Military OneSource
program of the Department of Defense of an eligible individual
retired, discharged, or otherwise released from the Armed
Forces, and for the eligible immediate family members of such an
individual.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that Military OneSource eligibility is addressed
elsewhere in this report.
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Commissary and exchange benefits: expansion for surviving
children of members of the uniformed services
The House bill contained a provision (sec. 641) that would
amend section 1061 of title 10, United States Code, to expand
commissary and exchange benefits to surviving children of
members of the Armed Forces regardless of age.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Single-use shopping bags in commissary stores
The House bill contained a provision (sec. 642) that would
amend section 2485 of title 10, United States Code, to prevent
the Defense Commissary Agency from prohibiting the use of, or
charging a fee for, single-use shopping bags in a commissary
store.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
MWR retail facilities: use by civilian employees of the Armed
Forces
The House bill contained a provision (sec. 644) that would
amend chapter 54 of title 10, United States Code, by adding a
new section to authorize certain current and retired civilian
employees of the Department of Defense and such employees of the
department in which the Coast Guard is operating to use MWR
retail facilities.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Pilot program to inform members about certain insurance products
The House bill contained a provision (sec. 652) that would
require the Secretary of Defense to establish a pilot program to
inform servicemembers about supplemental insurance products.
The Senate committee-reported bill contained a provision
(sec. 749) that would require the Secretary of Defense, not
later than 270 days after the date of enactment of this act, to
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report valuating the feasibility of
establishing a program to facilitate access to supplementary
insurance designed to help members of the Armed Forces and their
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dependents with financial expenses not currently covered by
existing programs related to screening, diagnosis, and treatment
of cancer.
The agreement does not include either provision.
Basic allowance for housing: authorization of appropriations
The House bill contained a provision (sec. 1802) that
would fully fund the Basic Allowance for Housing (BAH).
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Authority to pay higher rates of partial basic allowance for
housing for unaccompanied housing
The Senate committee-reported bill contained a provision
(sec. 602) that would amend section 2882 of title 10, United
States Code, to authorize the Secretary of Defense to prescribe
and pay to members of the Armed Forces without dependents in
military unaccompanied housing higher rates of Partial Basic
Allowance for Housing than the rate authorized for under
paragraph (o)(2) of such section, not to exceed the full rate of
Basic Allowance for Housing for the military housing area
concerned.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Extension of travel allowance for members of the Armed Forces
assigned to Alaska
The Senate committee-reported bill contained a provision
(sec. 604) that would amend section 603 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117-263) to reauthorize a travel allowance for military
personnel assigned to Alaska during the period of December 1,
2024 to December 1, 2025.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Restrictions on retired and reserve members of the Armed Forces
receiving employment and compensation indirectly from foreign
governments through private entities
The Senate committee-reported bill contained a provision
(sec. 625) that would amend section 908 of title 37, United
States Code, to prohibit retired and reserve members of all
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branches of the Armed Forces, except the Coast Guard, from
accepting employment, and compensation related to that
employment, or payments or awards indirectly from a foreign
government through a private entity.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that section 9 of article I of the U.S.
Constitution already prohibits retired and reserve members of
the uniformed services from accepting any compensation from a
foreign government or an entity under foreign government
control, including commercial entities owned or controlled by a
foreign government and foreign public universities controlled by
a foreign government.
Retroactive effective date of promotions of senior officers of
Armed Forces that were delayed as a result of suspension of
Senate confirmation
The Senate committee-reported bill contained a provision
(sec. 626) that would authorize the provision of back pay to
certain military officers who were confirmed by the Senate
between December 5, 2023, and December 31, 2023. The provision
would authorize pay starting from that date which is later: the
date that is 30 days after the officer was placed on the Senate
Executive Calendar, or the date on which the Secretary
determines the officer would have been appointed to the grade
for which they were nominated.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Fertility and adoption demonstration program
The Senate committee-reported bill contained a provision
(sec. 627) that would require the Secretary of Defense to
establish a fertility and adoption demonstration program to
assess the feasibility and advisability of providing cash
reimbursement and covered pharmacy benefits to eligible ActiveDuty members of the Armed Forces and their dependents.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Selling certain consumer routers and modems on military
installations
The Senate committee-reported bill contained a provision
(sec. 628) that would require the Secretary of Defense to ensure
that routers and modems sold in any commissary or exchange store
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are appropriately labeled to inform customers whether or not the
router or modem is designed, manufactured, or developed by
persons owned, controlled by, or under the influence of a
covered nation.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note the House report accompanying H.R. 8070 (H. Rept.
118-529) of the Servicemember Quality of Life Improvement and
National Defense Authorization Act for Fiscal Year 2025,
requires the Secretary of Defense to provide a briefing to the
Committee on Armed Services of the House of Representatives, not
later than December 31, 2024, on the national security risks
posed by routers, modems, and devices that combine a modem and
router, that are designed, developed, manufactured, or supplied
by entities owned by or controlled by the People’s Republic of
China. We direct the Secretary of Defense to provide that
briefing to both the Committees on Armed Services of the Senate
and the House of Representatives, by the stated date.
TITLE VII—HEALTH CARE PROVISIONS
SUBTITLE A—TRICARE AND OTHER HEALTH CARE
BENEFITS
Sec. 701 – Access to specialty behavioral health care under
TRICARE Prime
The Senate committee-reported bill contained a provision
(sec. 706) that would require the Secretary of Defense to
monitor access standards for specialty behavioral health care.
In the event that the Secretary determines that behavioral
health care access in a state does not meet or exceed prescribed
access standards for more than 12 consecutive months, the
Secretary would be required to expand health care accreditation
standards in that state to include credentials issued by statelevel organizations.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 702 – Reduction or waiver of cost-sharing amounts under
TRICARE pharmacy benefits program for certain dependents
enrolled in TRICARE Prime Remote program
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The Senate committee-reported bill contained a provision
(sec. 702) that would amend section 1076(g), United States Code,
to authorize the Secretary of Defense to waive or reduce costsharing amounts under the TRICARE pharmacy benefits program for
dependents of servicemembers who are enrolled in the TRICARE
Prime Remote program and who accompany the member at the expense
of the Federal Government.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 703 – TRICARE program: waiver of referral requirement under
TRICARE Prime for certain care in a military medical treatment
facility
The House bill contained a provision (sec. 1832) that
would amend section 1095f(a) of title 10, United States Code, to
require the Secretary of Defense to expand direct access to
medical appointments in military medical treatment facilities to
Active-Duty members who seek certain health care services.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would strike primary and preventive health care
services for women from the list of health care services
included in the provision.
We note that primary and preventive health care services
are already available to Active-Duty members of the Armed Forces
without a referral.
Sec. 704 – Extension of effective date regarding certain
improvements to the TRICARE dental program
The House bill contained a provision (sec. 703) that would
amend section 1076a of title 10, United States Code, to extend
the time to implement required modifications to the premium
sharing plans of the TRICARE dental program to January 1, 2027.
The Senate committee-reported bill contained a similar
provision (sec. 723).
The agreement includes the House provision.
Sec. 705 – Program to prevent perinatal mental health conditions
in pregnant and postpartum members of the Armed Forces
The House bill contained a provision (sec. 709) that would
require the Secretary of Defense to establish a pilot program to
assess the feasibility and effectiveness of providing, through
military medical treatment facilities, covered protection
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programs to pregnant and postpartum members of the Armed Forces
and covered beneficiaries.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
implement certain programs to reduce the incidence of mental
health conditions in pregnant and postpartum members of the
Armed Forces and their spouses.
Sec. 706 – Guidance on authority to provide travel and
transportation allowances for specialty care under exceptional
circumstances
The Senate committee-reported bill contained a provision
(sec. 703) that would require the Secretary of Defense to
prescribe regulations, not later than one year after the date of
enactment of this Act, to implement the authority of the
Secretary under section 1074i(b) of title 10, United States
Code.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary to issue guidance,
not later than one year after the date of enactment of this Act,
with respect to the authority of the Secretary under section
1074i(b) of title 10, United States Code.
Sec. 707 – Contraception coverage parity under the TRICARE
program
The House bill contained a provision (sec. 711) that would
eliminate cost-sharing for 1 year for any eligible TRICARE
beneficiary for contraceptives acquired through retail
pharmacies and the national mail order pharmacy.
The Senate committee-reported bill contained a similar
provision (sec. 731) that would amend section 1074g of title 10,
United States Code, to prohibit the Secretary of Defense from
imposing cost share requirements for any covered beneficiary to
procure any prescription contraceptive on the uniform formulary,
effective October 1, 2034.
The agreement includes the Senate provision with an
amendment that would strike the implementation date of October
1, 2034.
Sec. 708 – Prohibition of coverage under TRICARE program of
certain medical procedures for children that could result in
sterilization
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The Senate committee-reported bill contained a provision
(sec. 709) that would amend section 1079 of title 10, United
States Code, to prohibit TRICARE from providing to a child,
under age 18, affirming hormone therapy, puberty blockers, and
any other medical intervention for the treatment of gender
dysphoria that could result in sterilization.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would strike the list of specified medical
interventions covered by the prohibition on medical
interventions that could result in sterilization.
Sec. 709 – Demonstration program on cryopreservation and storage
of gametes of certain members of the Armed Forces
The House bill contained a provision (sec. 710) that would
establish a one-year pilot program to reimburse Active-Duty
servicemembers working in hazardous or isolated conditions for
fees associated with the costs of retrieving, shipping, and/or
storing gametes at private facilities.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would extend the length of the demonstration
program to 3 years.
SUBTITLE B—HEALTH CARE ADMINISTRATION
Sec. 711 – Identification in patient medical records of
affiliation of certain non-Department of Defense health care
providers
The House bill contained a provision (sec. 721) that would
require identification in patient medical records of affiliation
of certain non-Department of Defense health care providers.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 712 – Extension of enhanced appointment and compensation
authority for certain health care providers
The House bill contained a provision (sec. 1833) that
would amend section 1599c of title 10, United States Code, to
extend enhanced appointment and compensation authorities for
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civilian health care professionals for care and treatment of
wounded and injured members of the Armed Forces until December
31, 2030.
The Senate committee-reported bill contained a similar
provision (sec. 1103).
The agreement includes the House provision.
Sec. 713 – Licensure requirement for certain health care
professionals providing certain examinations to members of the
reserve components
The House bill contained a provision (sec. 704) that would
amend section 1094(d)(2) of title 10, United States Code, to
authorize license portability for health care providers who
provide medical services under the Reserve Health Readiness
Program.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 714 – Health care licensure portability for TRICARE network
providers providing mental health services to members of the
Armed Forces and certain family members
The Senate committee-reported bill contained a provision
(sec. 701) that would amend section 1094 of title 10, United
States Code, to authorize the Secretary of Defense to prescribe
regulations to allow mental health providers who provide care
under the TRICARE program to provide tele-mental health care
services to members of the Armed Forces and their dependents
without regard to the location of the provider or the patient.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
We direct the Director of the Defense Health Agency (DHA)
to provide a briefing, not later than September 30, 2025, to the
Committees on Armed Services of the Senate and the House of
Representatives on the results of a study to determine how to
increase access of TRICARE beneficiaries to telehealth services
of the DHA.
Sec. 715 – Expansion of recognition by the Defense Health Agency
of certifying bodies for physicians
The House bill contained a provision (sec. 729) that would
direct the Defense Health Agency to expand the recognition of
certifying bodies for physicians to a broader range of
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additional board certifications in medical specialties and
subspecialties.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would add to the standards for recognition of
other certifying bodies a requirement that such bodies meet
other requirements that the Secretary of Defense may establish
for purposes of compliance with applicable state laws and the
promotion of consistency in coverage and care across the
military medical system.
Sec. 716 – Waiver with respect to experienced nurses at military
medical treatment facilities
The House bill contained a provision (sec. 1835) that
would authorize the hiring manager of a military medical
treatment facility or other health care facility of the
Department of Defense to waive any General Schedule
qualification standard related to work experience, established
by the Office of Personnel Management, for certain nurse or
practical nurse applicants for a position in Department of
Defense medical treatment facilities.
The Senate committee-reported bill contained a similar
provision (sec. 5741).
The agreement includes the House provision.
Sec. 717 – Improved implementation of financial relief for
civilians treated in military medical treatment facilities
The Senate committee-reported bill contained a provision
(sec. 722) that would require the Secretary of Defense to issue
a final rule, or interim final rule, to implement section
1079(b) of title 10, United States Code, relating to financial
relief for civilians who receive medical care in a military
medical facility; and require the Secretary to hold in abeyance
certain claims under this statute until the final rule, or
interim final rule, is in effect.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 718 – Retention of health care providers: surveys;
briefing; reports
The House bill contained a provision (sec. 1837) that
would direct each of the Secretaries of the military departments
to conduct a survey of military health care providers to
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determine the reasons why military providers remain in service
or separate.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
SUBTITLE C—MATTERS RELATING TO BRAIN HEALTH
Sec. 721 – Establishment of Defense Intrepid Network for
Traumatic Brain Injury and Brain Health as program of record
The Senate committee-reported bill contained a provision
(sec. 712) that would require the Secretary of Defense to
establish the Defense Intrepid Network for Traumatic Brain
Injury and Brain Health as a program of record— subject to
milestone reviews and compliance with the requirements
established by the provision.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 722 – Brain health and trauma program
The House bill contained a provision (sec. 743) that would
require the Secretary of Defense to conduct a study on the
feasibility of recognizing transitional and residential brain
injury treatment programs, approved by non-governmental
accreditation bodies, to provide services to members of covered
Armed Forces who sustained a brain injury in the course of
performing active duty.
The Senate committee-reported bill contained a similar
provision (sec. 713) that would require the Secretary of Defense
to conduct an intensive comprehensive brain health and trauma
demonstration program to provide coordinated, integrated, multispecialist evaluations, treatment initiation, and aftercare
coordination in a highly condensed model for members of the
Armed Forces and their families.
The agreement includes the Senate provision with an
amendment that would require one or more pilot programs for
demonstrating the effectiveness of intensive outpatient
multidisciplinary specialist treatment and care coordination;
mandate the inclusion of Defense Health Agency initiatives
related to treatment of traumatic brain injuries; remove the
requirement that the study last for four years; and remove the
requirement for the Secretary to seek to enter into an agreement
with private non-sector organizations.
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Secs. 723 – 725 – Matters relating to brain health
The House bill contained provisions (sec. 728 and sec.
731) that would make certain improvements to the Warfighter
Brain Health Initiative.
The Senate committee-reported bill contained similar
provisions (sec. 711, sec. 1081, and sec. 1093).
The agreement includes the House provisions with an
amendment that would remove a requirement in House section 728
for a Comptroller General report; include the substantive
requirements of Senate section 711 with technical and conforming
changes; include the substantive requirements of Senate section
1093 but without such section’s reporting requirements; and
incorporate certain requirements related to roles and
responsibilities to mitigate, identify, and treat traumatic
brain injury from Senate section 1081.
SUBTITLE D—STUDIES, BRIEFINGS, REPORTS, AND
OTHER MATTERS
Sec. 731 – Treatment of expert medical opinions with respect to
medical malpractice claims by members of the uniformed services
The Senate committee-reported bill contained a provision
(sec. 742) that would amend section 2733a of title 10, United
States Code, to require that a medical expert be board-certified
in the medical specialty related to the claim for which the
individual is providing an expert medical opinion.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense, when
using an expert medical opinion to evaluate a medical
malpractice claim by members of the uniformed services, to use
individuals who are board-certified in the medical specialty
associated with the claim or an individual who is highly
qualified for claims involving medical, dental, or related
health care functions for which board certifications do not
apply.
Sec. 732 – Annual reports on medical malpractice claims by
members of the Uniformed Services
The House bill contained a provision (sec. 1731) that
would require the Comptroller General of the United States to
submit to Congress a report on the rates at which Department of
Defense awards settlements in medical malpractice claims by
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members of the uniformed services under part 45 of title 32,
Code of Federal Regulations, including (1) a comparison of such
rates to the rates at which settlements are awarded in similar
civilian medical malpractice claims; and (2) recommendations for
improvements to the system for medical malpractice claims by
members of the uniformed services.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would amend section 2733a of title 10, United
States Code, to require the Secretary of Defense to submit an
annual report to the Committees on Armed Services of the Senate
and the House of Representatives on medical malpractice claims
by members of the Uniformed Services.
Sec. 733 – Expansion of license reciprocity for veterinarians of
Department of Defense
The House bill contained a provision (sec. 351) that would
amend section 1060c of title 10, United States Code, to
authorize Department of Defense (DOD) veterinarians to provide
veterinary services in any state, the District of Columbia, or a
territory or possession of the United States, if the provision
of such services is within the scope of the veterinarian’s
authorized DOD duties.
The Senate committee-reported bill contained a similar
provision (sec. 743).
The agreement includes the Senate provision with a
technical amendment.
Sec. 734 – Medical countermeasures for overseas personnel of the
Department of Defense for acute radiation syndrome and thermal
burns
The House bill contained a provision (sec. 723) that would
require the Secretary of Defense to establish requirements for
the procurement and pre-positioning of treatments for acute
radiation syndrome and thermal burns incurred by servicemembers
assigned to duty locations outside of the United States.
The Senate committee-reported bill contained a similar
provision (sec. 724).
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 735 – Establishment of Indo-Pacific medical readiness
program
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The House bill contained provisions (sec. 734 and 1304)
that would require the Under Secretary of Defense for Personnel
and Readiness to conduct a study to determine the requirements
for combat medical support during a crisis or conflict in the
Indo-Pacific.
The Senate committee-reported bill contained a provision
(sec. 721) that would require the Secretary of Defense to
establish a medical readiness program with countries in the
Indo-Pacific region for access to foreign medical facilities
during peacetime and wartime operations.
The agreement includes the Senate provision with an
amendment that would expand the objectives of the program.
Sec. 736 – Reports on suicide among members of the Armed Forces
and suicide prevention programs and activities of the Department
of Defense
The Senate committee-reported bill contained a provision
(sec. 747) that would amend section 741 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92), as
amended by section 742 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283), by extending the requirement for the Secretary of
Defense to provide annual reports on suicide through January 31,
2031.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
We note that the Department has declined to report suicide
information under the existing requirements of section 741 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) when incomplete data exists. In these
instances, we urge the Department to include as much information
as possible in the report rather than rejecting all data for
such years due to incompleteness. We also urge the Department to
include raw data in addition to information about rates of
suicide as a way to provide some insight on military suicide,
even if the full data for a given year is incomplete.
Sec. 737 – Study of immune response and other effects on members
of the Armed Forces regarding COVID-19 vaccines
The House bill contained a provision (sec. 742) that would
require the Secretary of Defense to conduct a study to blood
test members of the Armed Forces relating to COVID-19 vaccines.
The Senate committee-reported bill contained no similar
provision.
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The agreement includes the House provision with an
amendment that would remove the study mandate and instead
require the Secretary of Defense to conduct assessments of
existing scientific data related to COVID-19 vaccines; and
authorize a study related to such assessments using research
volunteers.
Sec. 738 – Annual report on recruitment delays relating to
medical conditions
The Senate committee-reported bill contained a provision
(sec. 726) that would require the Secretary of Defense to
establish a plan to address recruitment processing delays
associated with the electronic health record system of the
Department of Defense; and to implement the recommendations of
the Office of Inspector General of the Department of Defense in
its report entitled, “Review of the Military Services’ Policies
and Procedures on the Medical Waiver Process for Recruiting”
(DODIG 2023-072).
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would strike the portions of the provision
related to developing a plan to address recruitment delays and
implementing the Inspector General recommendations; and limit
the annual reporting requirement to three years, beginning not
later than 180 days after the date of enactment of this Act.
Sec. 739 – Plan to improve access by members of the Armed Forces
to safe, high-quality pharmaceuticals
The Senate committee-reported bill contained a provision
(sec. 744) that would require the Secretary of Defense to
establish a plan to ensure access by members of the Armed Forces
to safe, high-quality pharmaceutical products and eliminate or
mitigate risks in the pharmacy supply chain of the Department of
Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary to develop a plan to
improve access to safe, high-quality pharmaceuticals in
coordination with the Military Pharmaceutical and Medical Device
Vulnerability Working Group.
Sec. 740 – Pilot program on delegation of authority to approve
reserve component recruits with certain medical conditions
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The Senate committee-reported bill contained a provision
(sec. 745) that would require the Secretary of Defense to
implement a pilot program that authorizes and directs the
Secretaries of the military departments to delegate authority to
the United States Military Entrance Processing Command to
approve a service medical waiver for a set list of otherwise
disqualifying conditions.
The House bill contained no similar provision.
The agreement includes the House provision with an
amendment that would limit the number of medical conditions
included in the pilot program to three conditions that are
regularly or automatically given waivers under existing policy;
and limit the scope to military recruits for the Reserve
Component.
LEGISLATIVE PROVISIONS NOT ADOPTED
Assisted reproductive technology for certain members of the
Armed Forces and their dependents under TRICARE
The House bill contained a provision (sec. 701) that would
provide assisted reproductive technology services to
servicemembers and their dependents.
The Senate committee-reported bill contained a similar
provision (sec. 705) that would amend chapter 55 of title 10,
United States Code, to require that fertility treatments be
covered under TRICARE Prime or TRICARE Select without regard to
the sex, sex characteristics, gender identity, sexual
orientation, diagnosis, or marital status of a servicemember or
dependent.
The agreement does not include either provision.
TRICARE dental plan for the Selected Reserve
The House bill contained a provision (sec. 702) that would
amend section 1076a of title 10, United States Code, to provide
free dental care to members of the Selected Reserve and their
family members.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognized the importance of this issue in section 707
of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263) which authorized the
Secretary of Defense to conduct a study on the feasibility of
expanding eligibility for TRICARE Reserve Select and the TRICARE
Dental Program to all members of the Selected Reserve, their
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dependents, and non-dependent children under the age of 26—
including potential cost effects to the Department of Defense,
changes in out-of-pocket costs to beneficiaries, and effects on
other Federal programs.
We are pleased that the Department contracted with a
federally funded research and development center to develop the
study’s methodology and approach and eagerly await the findings
and recommendations which are due in December 2024.
Expansion of Wounded Warrior Service Dog Program
The House bill contained a provision (sec. 705) that would
clarify the Wounded Warrior Service Dog Program grant process.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We understand that there were concerns with the previous
contracting model for the Wounded Warrior Service Dog Program.
The original intent of the program stands and should provide
support through competitive grants to eligible organizations
that train and furnish service dogs. We encourage the Uniform
Services University of Health Sciences to continue supporting
the program with such intent.
Reimbursements under the TRICARE program to cancer and
children’s hospitals for outpatient care of beneficiaries
The House bill contained a provision (sec. 706) that would
require the Secretary of Defense to consider the adequacy of the
TRICARE network and availability of specialized health care
services when evaluating an application for a general temporary
military contingency payment adjustment.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing,
not later than July 1, 2025, to the Committees on Armed Services
of the Senate and the House of Representatives on applications,
payments, and adjustments to reimbursement amounts. The briefing
should include the following elements:
(1) A list of payment mechanisms available to the
Secretary to make a reimbursement;
(2) A list of the authorities for such payment
mechanisms;
(3) A list of the payment adjustments that the
Secretary may make to a reimbursement amount;
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(4) The factors the Secretary considers when
determining whether to make a payment adjustment;
(5) Whether the Secretary measures the effects of a
change to a reimbursement or payment adjustment when determining
whether to continue the adjustment;
(6) Any identified differences in diagnoses or
complexity of care for pediatric TRICARE outpatients at
children’s hospitals and at other hospitals;
(7) The extent to which differences in such payments
reflect differences in the complexity of care for patients; and
(8) Recently identified trends in the use of
children’s hospital services by pediatric TRICARE patients.
Notices to a dependent child regarding impending loss of
coverage under TRICARE program
The House bill contained a provision (sec. 707) that would
require the Department of Defense to notify a beneficiary and
their military sponsor within one year of their twenty-first
birthday about options for TRICARE coverage; and authorize the
spouse of a military member to complete identification card
renewals for such beneficiaries.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Pilot program to treat pregnancy as a qualifying event for
enrollment in TRICARE Select
The House bill contained a provision (sec. 708) that would
authorize the Secretary of Defense to establish a 5-year pilot
program that would designate pregnancy as a qualifying life
event under the TRICARE program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Senate report accompanying S. 4638 (S.
Rept. 118-188) of the National Defense Authorization Act for
Fiscal Year 2025 requires the Secretary of Defense to provide a
briefing, not later than February 1, 2025, to the Committees on
Armed Services of the Senate and the House of Representatives on
the feasibility and advisability of the proposed policy change
in the House provision.
TRICARE coverage for increased supply for contraception
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The House bill contained a provision (sec. 712) that would
require TRICARE coverage for a year’s supply of contraceptives
for any eligible covered beneficiary.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We understand that the Department of Defense currently has
authority to dispense up to a year’s supply of contraceptives
and that studies have found this to achieve substantial cost
savings. We encourage the Defense Health Agency to improve
access to contraception by reducing barriers to providing
adequate contraceptive supplies.
Prohibition on coverage of certain gender transition procedures
and related services under TRICARE program
The House bill contained a provision (sec. 713) that would
amend chapter 55 of title 10, United States Code, by adding a
new section that would prohibit the Department of Defense from
providing gender transition surgeries and hormone treatments for
individuals who identify as transgender.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Prohibition on payment and reimbursement by Department of
Defense of expenses relating to abortion services
The House bill contained a provision (sec. 714) that would
prohibit the Secretary of Defense from paying for or reimbursing
any fees or expenses, including travel expenses, related to a
health care professional gaining a license in a state when the
purpose of gaining such license is to provide abortion services.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances
The House bill contained a provision (sec. 722) that would
require the Secretary of Defense to provide training to each
health care provider of the Department of Defense on the
potential health effects of perfluoroalkyl or polyfluoroalkyl
substances.
The Senate committee-reported bill contained no similar
provision.
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The agreement does not include the House provision.
Partnerships with civilian organizations for arthroscopic
surgical training
The House bill contained a provision (sec. 724) that would
require the Secretary of Defense to establish partnerships with
public, private, and non-profit entities to provide short-term
arthroscopic surgery training to Department of Defense
physicians.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We understand that the Department of Defense (DOD)
currently meets training requirements for orthopedic surgeons
within the current system. General Medical Education orthopedic
surgery residencies and fellowships are the primary avenues for
developing advanced arthroscopic skills for DOD surgeons.
Surgeons requiring additional advanced arthroscopic skills
actively participate in professional medical training courses as
part of their ongoing medical education. As new training needs
emerge, the military services will assess, develop, and deliver
advanced orthopedic training programs.
Women’s heart health educational material: development;
distribution
The House bill contained a provision (sec. 725) that would
require the Department of Defense to develop and disseminate
evidence-based educational materials on women’s heart health to
both providers and patients in the military health system.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We encourage the Secretary of Defense to ensure that the
Department adequately educates patients in the military health
system about women’s heart health.
Protocol on use of oral rehydration solution
The House bill contained a provision (sec. 726) that would
direct the Department of Defense to develop protocols for the
use of oral rehydration solution (ORS) in preventing heat
casualties, dehydration, and hyponatremia in initial training.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
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We note that, pursuant to a requirement in the House
report accompanying H.R. 2670 (H. Rept. 118-125) of the National
Defense Authorization Act for Fiscal Year 2024, the Secretary of
Defense provided a briefing, in January 2024, to the Committee
on Armed Services of the House of Representatives regarding
heat-related injuries to servicemembers during initial entry
training. In the briefing, the Secretary comprehensively
addressed the Department’s use of ORS— noting that ORS remains
an important medical therapy to treat medical conditions
resulting in dehydration but that ORS is poorly suited as a
maintenance solution to correct hypohydration caused by sweat
losses during heat exertion. Further, the Secretary noted that
existing medical literature does not support the use of ORS to
reduce the incidence or severity of heat injury— as ORS is
specifically formulated to replace electrolytes lost from
disease processes whereas heat injury is not caused by loss of
electrolytes.
Study on lifting outpatient rehabilitation therapy maximums
The House bill contained a provision (sec. 727) that would
require the Secretary of Defense to conduct a study on the
feasibility of increasing outpatient rehabilitation therapy
maximums and examine a range of therapy services, including
restorative therapies, for certain members of the Armed Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Improvements to TRICARE provider directories
The House bill contained a provision (sec. 729A) that
would require a managed care support contractor that supports
TRICARE and maintains a directory of health care providers to
verify and update such directory not less than every 90 days;
and require the Director of the Defense Health Agency to review
these directories not less than once each year.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We understand that the new T-5 health care contracts that
will commence health care delivery on or about January 1, 2025,
will impose more stringent requirements for provider
directories— including a requirement to refresh network provider
directories with any updated information at least once every 24
hours.
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We direct the Secretary of Defense to provide a briefing,
not later than July 1, 2025, to the Committees on Armed Services
of the Senate and the House of Representatives on the
implementation of these new, more stringent contractual
requirements and on actions taken by the Department in response
to the Government Accountability Office report titled “Defense
Health Care: DOD Should Improve Accuracy of Behavioral Health
Provider Information in TRICARE Directories” (GAO-24-106588),
published on July 08, 2024.
Combating obesity in certain Armed Forces
The House bill contained a provision (sec. 729B) that
would require the Secretary of Defense to develop a strategy to
align the obesity-related programs of the Department of Defense
with the classification of obesity as a medically accepted
disease and conduct an educational campaign to promote
awareness, diagnosis, and treatment of obesity as a disease in
the covered Armed Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the House report accompanying H.R. 8070 (H.
Rept. 118-529) of the Servicemember Quality of Life Improvement
and National Defense Authorization Act for Fiscal Year 202
requires the Secretary of Defense to provide a briefing, not
later than March 1, 2025, to the Committee on Armed Services of
the House of Representatives on current efforts in the
Department of Defense related to obesity.
Podiatrists in the Department of Defense
The House bill contained a provision (sec. 729C) that
would amend section 532(b) of title 10, United States Code, by
inserting “podiatry” after “osteopathy”; and direct the
Secretary of Defense to ensure that podiatrists are assigned to
the medical corps of each military department.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on medical instrument sterilization
The House bill contained a provision (sec. 729D) that
would require the Inspector General of the Defense Health Agency
to provide a report on the adequacy of sterilization of medical
instruments at medical facilities of the Defense Health Agency.
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The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a report,
not later than December 31, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives on the
adequacy of sterilization of medical instruments at medical
facilities of the Defense Health Agency. The briefing should
include the following elements:
(1) A description of the processes or checks used to
ensure medical instruments are sterilized prior to use on
patients at medical facilities of the Defense Health Agency;
(2) A description of the policies and processes used
to identify and mitigate the use of insufficiently sterilized
medical instruments at such medical facilities and the processes
and timelines for informing patients of any such near-miss;
(3) An identification of the aggregate number of
adverse events or near-misses as a result of insufficiently
sterilized medical instruments at such medical facilities during
the period beginning on January 1, 2022 and ending on December
31, 2024;
(4) A determination of primary factors that result
in insufficiently sterilized medical instruments at such medical
facilities;
(5) A description of the extent to which
unsterilized medical instruments have impacted the operation of
such medical facilities;
(6) An assessment of whether such medical facilities
have sufficient:
(a) medical instruments;
(b) medical devices to timely clean and
sterilize medical instruments; and
(c) staff to sterilize medical instruments;
(7) An assessment of whether staff at such medical
facilities are adequately trained to sterilize medical
instruments;
(8) A identification of the number of surgeries at
such medical facilities that were delayed or rescheduled as a
result of unsterilized medical instruments or unavailability of
trained staff to sterilize medical instruments in advance of
surgery;
(9) Recommendations to improve the sterilization of
medical instruments at such medical facilities, including an
identification and evaluation of existing options, such as
mobile sterilization units and coordinating with community
medical centers to expand surgical capacity; and
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(10) Any other relevant matters that the Secretary
deems necessary or appropriate.
Study on testosterone levels of members of Army special
operations forces
The House bill contained a provision (sec. 732) that would
direct the Under Secretary of Defense for Personnel and
Readiness to conduct a 5-year study on the impact of trainings
and deployments on testosterone levels of certain covered
members of the Armed Forces and the potential repercussions to
the long-term health for such members and the readiness of the
Armed Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing,
not later than May 1, 2025, to the Committees on Armed Services
of the Senate and the House of Representatives on medical
interventions available in the military health system for the
treatment of low testosterone— including the Department’s
current protocols for testing and screening of low testosterone
among members of the Armed Forces— and whether and to what
extent high-stress operating environments are linked to low
testosterone among servicemembers.
Report on use of Agent Orange on Guam
The House bill contained a provision (sec. 733) that would
direct the Assistant Secretary of Defense for Health Affairs to
provide a report that details when and where Agent Orange was
used on the island of Guam and known diseases or disabilities
that can result from exposure to Agent Orange.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing,
not later than December 31, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives on the
use of Agent Orange in Guam.
The briefing should include the following elements:
(1) The exact dates on which Agent Orange was used
on Guam;
(2) An identification of any known or suspected
sites in Guam that were used to dump Agent Orange;
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(3) An identification of any specific area where
Agent Orange was used in Guam; and
(4) Any other relevant matters that the Secretary
deems necessary or appropriate.
Report on access of TRICARE beneficiaries to network retail
pharmacies
The House bill contained a provision (sec. 735) that would
require the Secretary of Defense to provide a report on
beneficiary access to TRICARE network pharmacies under the
TPharm5 contract and changes in beneficiary access compared to
the TPharm4 contract.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Senate report accompanying S. 2226 (S.
Rept. 118-58) of the National Defense Authorization Act for
Fiscal Year 2024 directed the Comptroller General of the United
States to review the TRICARE Pharmacy Benefits Program—
including changes in its most recently awarded nationwide
pharmacy contract— with respect to its effect on TRICARE
beneficiaries’ access to medications that they need in a timely
manner as prescribed by their physicians. We expect to receive
this report in the near future.
Report on copayments for mental or behavioral health care under
TRICARE
The House bill contained a provision (sec. 736) that would
require the Secretary of Defense to provide a report on TRICARE
cost sharing for outpatient visits for mental health or
behavioral health care.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing,
not later than April 1, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives on the
implementation of cost-sharing waivers for mental health
outpatient visits under section 701 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31).
Pilot program to test standalone technology to improve
efficiencies in supply-chain management, medical readiness, and
medical processes
174
The House bill contained a provision (sec. 737) that would
direct the Secretary of Defense to establish a pilot program to
test and evaluate existing standalone technology to improve
supply-chain management, medical readiness, and medical
processes.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Pilot program on pre-programming of suicide prevention resources
into smart devices issued to members of the Armed Forces
The House bill contained a provision (sec. 738) that would
require the Secretary of Defense to establish a pilot program on
pre-programming of suicide prevention resources onto
servicemembers’ smart devices.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on rate of maternal mortality among members of the Armed
Forces
The House bill contained a provision (sec. 739) that would
require the Secretary of Defense to provide a report on the rate
of maternal mortality among members of the Armed Forces and the
dependents of such members.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that, in August 2022, the Committees on Armed
Services of the Senate and the House of Representatives received
a report from the
Department of Defense in response to the Senate report
accompanying S. 2792 (S. Rept. 117–39) of the National Defense
Authorization Act for Fiscal Year 2022 that demonstrated
consistent high quality of perinatal health care services in the
direct care component of the military health system. According
to the report, the pregnancy-related mortality ratio in such
component was 2.91 deaths per 100,000 live births as compared to
23.80 deaths per 100,000 live births in civilian hospitals.
Furthermore, we note that the military health system
collaborates with external organizations, such as the Leapfrog
Group, to adopt leading practices to decrease maternal mortality
further. We commend the providers in the military health system
for their efforts to prevent pregnancy-related mortality and
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encourage them to continue promoting innovative practices to
assess and treat maternal mental health conditions.
Annual review and update of online information relating to
suicide prevention
The House bill contained a provision (sec. 740) that would
require the Secretaries of the military departments to review
and certify suicide prevention policies each year as well as
update online contact information.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the conference report accompanying H.R. 2670
(H. Rept. 118-301) of the National Defense Authorization Act for
Fiscal Year 2024 directed the Secretary of Defense to review
publicized information on suicide prevention and behavioral
health and to provide a briefing, not later than June 1, 2025,
to the Committees on Armed Services of the Senate and the House
of Representatives on the results of such review.
Report on emergency and trauma care for civilians at military
treatment facilities
The House bill contained a provision (sec. 741) that would
require the Director of the Defense Health Agency to provide a
report on emergency and trauma care for civilians at military
treatment facilities.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing,
not later than June 1, 2025, to the Committees on Armed Services
of the Senate and the House of Representatives on the efforts of
the Director of the Defense Health Agency to address the issues
identified in the Government Accountability Office report
published on July 7, 2022, titled “Defense Health Care: Actions
Needed to Improve Billing and Collection of Debt for Civilian
Emergency Care” (GAO-22-104770), including such issues related
to inconsistent use of financial relief for civilian emergency
patients and the lack of guidance to ensure accurate accounting
of billing and collections efforts.
Study and report on mental health care for pilots and aviators
The House bill contained a provision (sec. 744) that would
direct the Secretary of Defense and Secretary of Health and
176
Human Services to conduct a study on the barriers to mental
health care for military pilots, aviators, and military air
traffic controllers.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Study on tools to diagnose traumatic brain injury in members of
the Armed Forces
The House bill contained a provision (sec. 745) that would
require the Secretary of Defense to conduct a study of
commercial diagnostic tools that screen for traumatic brain
injury for potential use by forward-deployed units and in combat
zones.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that traumatic brain injury diagnosis and
treatment is addressed elsewhere in this Act.
Study on use of routine neuroimaging modalities in diagnosis,
treatment, and prevention of brain injury due to blast pressure
exposure during combat and training
The House bill contained a provision (sec. 746) that would
require the Secretary of Defense to conduct a study on the
feasibility and effectiveness of routine neuroimaging modalities
for the diagnosis, treatment, and prevention of brain injury
among members of the Armed Forces due to one or more blast
pressure exposures during combat and training.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that, pursuant to a Secretary of Defense
memorandum dated August 8, 2024, titled “Department of Defense
Requirements for Managing Brain Health Risks from Blast
Overpressure,” the Department of Defense is already taking steps
to mitigate blast exposure during combat and training.
Clarification of responsibilities regarding the integrated
disability evaluation system
The House bill contained a provision (sec. 747) that would
amend section 1073c of title 10, United States Code, to enhance
the operational and administrative control of servicemembers who
are being considered by a medical evaluation board or are
177
otherwise subject to the integrated disability evaluation
system.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Study on accessibility of mental health care providers and
services for active duty members of the Armed Forces
The House bill contained a provision (sec. 748) that would
require the Secretary of Defense to conduct a study to determine
whether and to what extent Active Duty servicemembers have
adequate access to mental health care providers and services.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing,
not later than August 1, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives on
whether and to what extent members of the Armed Forces serving
on active duty have adequate access to mental health care
providers and services.
Requirement to maintain prescription drop boxes at military
installations
The House bill contained a provision (sec. 749) that would
require the Secretary of Defense to ensure that each military
installation under the jurisdiction of the Secretary has one or
more prescription drop boxes to facilitate the safe disposal of
unused prescription drugs— including opioids.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Department of Defense has an existing
program that includes drug take-back drop boxes and mail-back
envelopes at all military treatment facilities. This program
meets the regulatory requirements of the Drug Enforcement Agency
and provides an environmentally safe method for disposal of
unused and expired medications— including opioids.
Withholding of funds for failure to submit reports on health
conditions of members of the Armed Forces on active duty
developed after administration of COVID-19 vaccine
The House bill contained a provision (sec. 750) that would
amend section 725(c) of the National Defense Authorization Act
178
for Fiscal Year 2024 (Public Law 118-31) to reduce funds
appropriated for the Office of the Secretary of Defense in the
event that the Secretary fails to provide the report, prior to
the applicable deadline, on health conditions of Active-Duty
servicemembers developed after receiving the first dose of a
COVID-19 vaccine— as required by that provision.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the required study is ongoing and that the
initial report is expected to be submitted in a timely manner.
Health care strategy for members who perform duty in a cold
weather location
The House bill contained a provision (sec. 751) that would
direct the Assistant Secretary of Defense for Health Affairs to
convene a working group of subject matter experts from the
extramural community and military health system to develop a
strategy and medical research and development requirements to
deliver pre-hospital, life-saving interventions for
servicemembers who perform duty in cold weather locations.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Study on increased telehealth services of the Defense Health
Agency
The House bill contained a provision (sec. 752) that would
require the Director of the Defense Health Agency to provide a
report on a study to increase TRICARE beneficiaries’ access to
telehealth services.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that, elsewhere in this bill, we authorize the
Secretary of Defense to prescribe regulations to allow mental
health providers who provide care under the TRICARE program to
provide tele-mental health care services to members of the Armed
Forces and their dependents without regard to the location of
the provider or the patient.
Annual report on implementation of naloxone distribution
The House bill contained a provision (sec. 753) that would
amend section 706 of the National Defense Authorization Act for
179
Fiscal Year 2024 (Public Law 118-31) to require the Secretary of
Defense to provide an annual report on the implementation and
effectiveness of naloxone distribution to members of the Armed
Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that section 706 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31)
requires the the Secretary of Defense to provide a briefing, not
later than January 1, 2025, to the Committees on Armed Services
of the Senate and the House of Representatives on the
implementation of regulations regarding naloxone and fentanyl on
military installations.
Funding for Defense Health programs for education and training
The House bill contained a provision (sec. 754) that would
authorize an increase in appropriations, by $25 million, for
Defense Health Program education and training— offset by a
corresponding reduction in Base Operations/Communications
funding.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Referral of a member of the Armed Forces to a TRICARE provider
for urgent behavioral health services
The House bill contained a provision (sec. 1834) that
would require the Secretary of Defense to refer certain
beneficiaries to a TRICARE provider in the event that the
Secretary cannot provide urgent behavioral health services in a
military treatment facility during the three-day period after
the services are requested.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Pilot program for hiring health care professionals
The House bill contained a provision (sec. 1836) that
would establish a pilot program at three military treatment
facilities to hire health care professionals under the
provisions of title 38, United States Code.
The Senate committee-reported bill contained no similar
provision.
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The agreement does not include the House provision.
We note that Department of Defense authority to exercise
authorities available to the Department of Veterans Affairs
under chapter 74 of title 38, United States Code, for purposes
of the recruitment, employment, and retention of civilian health
care professionals, is extended elsewhere in this Act.
Expansion of eligibility for hearing aids to include children of
retired members of the uniformed services enrolled in family
coverage under TRICARE Select
The Senate committee-reported bill contained a provision
(sec. 704) that would amend section 1077 of title 10, United
States Code, to expand eligibility for hearing aids to include
children of retirees enrolled in family coverage under TRICARE
Select.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Assessment on options for inclusion of assisted reproductive
technology as services covered under the TRICARE program for
members of the Armed Forces and dependents
The Senate committee-reported bill contained a provision
(sec. 707) that would require the Secretary of Defense to
conduct an assessment of options for establishing within the
military healthcare system a benefit program for in vitro
fertilization and associated services for Active-Duty members of
the Armed Forces and their dependents.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Restriction on performance of sex change surgeries
The Senate committee-reported bill contained a provision
(sec. 708) that would amend chapter 55 of title 10, United
States Code, to prohibit the use of funds available to the
Department of Defense and any Department of Defense facility to
perform or facilitate sex change surgeries.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Establishment of public user satisfaction targets related to
electronic health record of Defense Health Agency
The Senate committee-reported bill contained a provision
(sec. 725) that would require the Director of the Defense Health
181
Agency to establish: (1) Public user satisfaction targets for
the electronic health records of the Defense Health Agency
(DHA), and (2) Continuous customer feedback mechanisms to better
understand issues relating to electronic health records of DHA.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Pregnancy prevention assistance at military medical treatment
facilities for sexual assault survivors
The Senate committee-reported bill contained a provision
(sec. 732) that would amend chapter 55 of title 10, United
States Code, to require the Secretary of Defense to promptly
furnish to sexual assault victims at each military medical
treatment facility information about emergency contraceptives
approved by the Food and Drug Administration as well as
additional information about contraception and the rights of
sexual assault survivor confidentiality.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to provide a briefing,
not later than April 1, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives on the
resources, information, and counseling support provided to
sexual assault victims at military medical treatment facilities.
Education on family planning for members of the Armed Forces
The Senate committee-reported bill contained a provision
(sec. 733) that would require the Secretary of Defense to
establish a uniform standard curriculum for education programs
on family planning for all members of the Armed Forces.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Inclusion of comprehensive contraceptive counseling in health
assessment forms
The Senate committee-reported bill contained a provision
(sec. 734) that would require the Secretary of Defense, in
consultation with the Secretary of Health and Human Services, to
revise the periodic health assessment and pre-deployment health
assessment forms of the Department of Defense to include an optin for members of the Armed Forces to receive comprehensive
contraceptive counseling.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
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Infectious disease wastewater surveillance system of Department
of Defense
The Senate committee-reported bill contained a provision
(sec. 746) that would require the development and implementation
of an infectious disease wastewater surveillance system of the
Department of Defense.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Report on plan for testing for helicobacter pylori for certain
members of the Armed Forces
The Senate committee-reported bill contained a provision
(sec. 748) that would require the Secretary of Defense to
provide a report on a plan, cost estimate, and feasibility study
for testing for helicobacter pylori among certain members of the
Armed Forces.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Report on biologic vascular repair
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5742) that
would require the Secretary of Defense to provide a report on
the status of developing and integrating innovative biological
vascular repair solutions as standard protocol in military
trauma care.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that the House report accompanying H.R. 8070 (H.
Rept. 118-529) of the Servicemember Quality of Life Improvement
and National Defense Authorization Act for Fiscal Year 2025
directed the Secretary of Defense to submit a briefing, not
later than January 31, 2025, to the Committee on Armed Services
of the House of Representatives on the status of integrating
biologic vascular repair solutions as standard protocol in
military trauma care— including field-testing and assessment of
long-term benefits. We direct the Secretary to provide this
briefing to the Committees on Armed Services of the Senate and
the House of Representatives.
Study on effectiveness of hearing loss prevention programs
183
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5743) that
would require the Secretary of Defense to conduct a study on the
effectiveness of hearing loss prevention programs of the
Department of Defense in reducing hearing loss and tinnitus
prevalence among members of the Armed Forces and veterans.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Review on use of monoclonal antibodies for the prevention,
treatment, or mitigation of symptoms related to mild cognitive
impairment or Alzheimer’s disease
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5744) that
would require the Secretary of Defense to review the policy
manual for the TRICARE program relating to the exclusion of the
use of monoclonal antibodies for the prevention, treatment, or
mitigation of symptoms related to mild cognitive impairment or
Alzheimer’s disease.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to conduct a review,
not later than July 1, 2025, to determine whether reliable
evidence establishes that monoclonal antibodies are proven safe
and effective for the prevention, treatment, or mitigation of
symptoms related to mild cognitive impairment or Alzheimer’s
disease. Further, we direct the Secretary to submit a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives that:
(1) Outlines the review process of the Department
for including or excluding the use of monoclonal antibodies;
(2) Assesses whether the policy of the Department
aligns with current science;
(3) Indicates whether the Military Health System has
or is currently restricting access of beneficiaries under the
TRICARE program to therapies for the treatment of Alzheimer’s
disease that are approved by the Food and Drug Administration;
and
(4) indicates whether there are any disparities in
treatment for Alzheimer’s disease under the TRICARE program in
different care delivery settings.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
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SUBTITLE A—ACQUISITION POLICY AND
MANAGEMENT
Sec. 801 – Modifications to guidelines and collection method for
acquisition of cost data
The Senate committee-reported bill contained a provision
(sec. 875) that would amend section 3227 of title 10, United
States Code, to change the threshold on the requirement to
collect cost data from acquisition programs greater than $100.0
million to acquisition programs that exceed the major systems
threshold defined in section 3041 of title 10, United States
Code.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 802 – Limitation on certain options for cost contracts
The Senate committee-reported bill contained a provision
(sec. 821) that would amend section 3322 of title 10, United
States Code, to authorize only one low-rate initial production
lot using fixed price-type options on cost-type contracts.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 803 – Treatment of unilateral definitization of a contract
as a final decision
The Senate committee-reported bill contained a provision
(sec. 822) that would amend section 3372(b) of title 10, United
States Code, to treat the unilateral definitization of a
contract by the Department of Defense as the final decision for
the purposes of any future appeal by a contractor at the Armed
Services Board of Contract Appeals or the U.S. Court of Federal
Claims.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 804 – Middle tier of acquisition for rapid prototyping and
rapid fielding
The Senate committee-reported bill contained a provision
(sec. 805) that would amend chapter 253 of title 10, United
States Code, to require the Under Secretary of Defense for
185
Acquisition and Sustainment to establish guidance for a middle
tier of acquisition authority for rapid prototyping and rapid
fielding and create an expedited process within the rapid
prototyping pathway as long as operational capability is fielded
within a 5-year period.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 805 – Revision and codification of software acquisition
pathways
The House bill contained a provision (sec. 833) that would
require procurement programs for unmanned aircraft systems to
use separate, parallel acquisition pathways for hardware and
software, to the maximum extent possible.
The Senate committee-reported bill contained a similar
provision (sec. 808).
The agreement includes the House provision with an
amendment that would allow the Department of Defense to use the
software acquisition pathway for nondevelopmental hardware which
software is embedded in.
Sec. 806 – Streamlining of Milestone A requirements
The Senate committee-reported bill contained a provision
(sec. 802) that would amend section 4251 of title 10, United
States Code, to streamline the Milestone A approval process for
a Major Defense Acquisition Program to enter the technology
maturation and risk reduction phase.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 807 – Streamlining of Milestone B requirements
The House bill contained a provision (sec. 801) that would
modify section 4252 of title 10, United States Code, to
streamline the Milestone B approval process for major defense
acquisition programs by focusing decisions on risks in each
program and reducing redundant and unnecessary documentation
burdens on program managers.
The Senate committee-reported bill contained a similar
provision (sec. 803).
The agreement includes the House provision with a
technical amendment.
186
Sec. 808 – Notice of contract cancellation or termination
relating to remote or isolated installations
The House bill contained a provision (sec. 803) that would
require the Department of Defense to notify Congress when
cancelling or terminating a contract, if it involves a reduction
in employment of 100 contractor employees or 50 remote and
isolated installation contractor employees.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 809 – Cost growth reports for major acquisition programs
that are highly sensitive classified programs
The Senate committee-reported bill contained a provision
(sec. 804) that would amend section 4201 of title 10, United
States Code, to remove the exemption of special access programs
from the definition of a major defense acquisition program and
from the Nunn-McCurdy determination and analysis process.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would, for sensitive classified programs that
would otherwise qualify as a major defense acquisition program
under section 4201 of title 10, United States Code, and which
have started system development and demonstration, require the
Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the Secretaries of the military departments,
to establish guidance requiring that the service acquisition
executive submit to the congressional defense committees a cost
growth report for such a program when the estimated unit cost
for such program has increased by a percentage equal to or
greater than the threshold limits found under section 4371 of
title 10, United States Code. In addition, the agreement would
require that, for programs that exceed the critical cost growth
threshold in section 4371 of title 10, United States Code, the
service acquisition executive follow procedures under sections
4376 and 4377 of title 10, United States Code.
SUBTITLE B—AMENDMENTS TO GENERAL
CONTRACTING AUTHORITIES, PROCEDURES, AND
LIMITATIONS
Sec. 811 – Repeal of and modification to certain defense
acquisition laws
187
The Senate committee-reported bill contained a provision
(sec. 880) that would make technical amendments to sections
3221, 3225, 3671, 4141, 4204, 4211, 4505, and 4816 of title 10,
United States Code, by repealing outdated sections of code and
make technical amendments to certain sections of multiple
National Defense Authorization Acts.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would keep the repeal of outdated sections of
code in this section and move the technical amendments of code
to another section of this agreement.
Sec. 812 – Modification to limitation on acquisition of excess
supplies
The Senate committee-reported bill contained a provision
(sec. 878) that would amend section 3070 of title 10, United
States Code, to change the limitation on the obligation against
a stock fund that would likely result in on-hand inventory of
supplies from 2 years of operating stocks to 5 years for
supplies related to ship maintenance, repair, and overhaul.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 813 – Modifications to Comptroller General assessment of
acquisition programs
The Senate committee-reported bill contained a provision
(sec. 874) that would amend section 3072 of title 10, United
States Code, to modify the Comptroller General of the United
States annual assessment of Department of Defense acquisition
programs, which is provided to the congressional defense
committees, to expand the purview of programs and initiatives
reviewed by the Comptroller General.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 814 – Modifications to commercial product and commercial
service determinations
The House bill contained a provision (sec. 811) that would
clarify that a contracting officer may presume that a prior
commercial product determination shall serve as a determination
for subsequent procurements of components or parts associated
with such commercial products and services procured in support
of such commercial product for components or parts thereof.
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The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would extend a determination of commerciality to
items procured under subcontracts, provided that the Department
of Defense contracting officer approves the determination, and
extend a determination of commerciality to products that may
have changed a part number, but provide substantially the same
functionality.
Sec. 815 – Application of recent price history to cost or
pricing data requirements
The House bill contained a provision (sec. 812) that would
require Department of Defense contracting officers to rely upon
historical data of recent prices paid in determining whether the
costs of a subcontract, a purchase order or a modification to a
subcontract or purchase order are fair and reasonable under
certain circumstances.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 816 – Modifications to authority to carry out certain
prototype projects using other transaction authority
The Senate committee-reported bill contained a provision
(sec. 801) that would amend section 4022 of title 10, United
States Code, to designate the head of contracting activity as
the approval authority for the use of other transaction
authority (OTA) between $100.0 million and $500.0 million, and
the service acquisition executive as the approval authority for
OTAs in excess of $500.0 million and extend the OTA pilot
program for installation or facility prototyping to 2030.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would strike the extension of the OTA pilot
program for installation or facility prototyping as this
extension is dealt with in another section of this bill.
Sec. 817 – Clarification of other transaction authority for
follow on production
The House bill contained a provision (sec. 814) that would
clarify that follow on production awards may be provided for in
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a transaction entered into under section 4022 of title 10,
United States Code, for a prototype project.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 818 – Clarification of other transaction authority for
facility repair
The House bill contained a provision (sec. 815) that would
modify limitations for usage of Other Transaction Authority to
clarify that facility repair is not subject to the same
limitation as military construction.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would extend the expiration date of the
authority.
Sec. 819 – Open interface standards for contracts of the
Department of Defense
The House bill contained a provision (sec. 879) that would
require the Secretary of Defense to make publicly available the
open interface standards for contracts awarded by the Secretary,
unless the service acquisition executive with respect to a
specific contract submits to the Secretary a request to not
disclose such standards.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 820 – Updates to earned value management system
requirements
The Senate committee-reported bill contained a provision
(sec. 823) that would amend section 827 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31) to
require the Under Secretary of Defense for Acquisition and
Sustainment to update the appropriate policies for earned value
management (EVM) to increase contract value thresholds
associated with requiring EVM on cost or incentive contracts
from $20.0 million to $50.0 million, and increase the contract
value threshold for a contractor to use an EVM system from $50.0
million to $100.0 million.
The House bill contained no similar provision.
190
The agreement includes the Senate provision.
Sec. 821 – Inclusion of Japan and the Republic of Korea in
contested logistics demonstration and prototyping program
The Senate committee-reported bill contained a provision
(sec. 877) that would amend section 842(h)(2) of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118-
31) by adding Japan and the Republic of Korea to the contested
logistics demonstration and prototyping program.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 822 – Avoidance of use of lowest price technically
acceptable source selection criteria for procurement of
munitions response services
The House bill contained a provision (sec. 817) that would
amend section 880(c)(1) of the National Defense Authorization
Act of 2019 (Public Law 115–232) to include ‘‘munitions response
services’’ for avoidance of lowest price technically acceptable
source selection.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 823 – Use of fixed-price type contracts for certain
shipbuilding programs
The Senate committee-reported bill contained a provision
(sec. 826) that would amend section 818 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364) to limit the number of ships that can be procured
under fixed-price type options to no more than two if the
contract includes detail design and construction for the lead
ship.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 824 – Extension of temporary authority to modify certain
contracts and options based on the effects of inflation
The House bill contained a provision (sec. 818) that would
extend the temporary authority for modifying contracts for
inflation until December 31, 2025.
191
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
SUBTITLE C—PROVISIONS RELATING TO WORKFORCE
DEVELOPMENT
Sec. 831 – Modification to the term of appointment of the
President of the Defense Acquisition University
The Senate committee-reported bill contained a provision
(sec. 917) that would amend section 1746(e) of title 10, United
States Code, to remove the term limit for the President of the
Defense Acquisition University.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would create a 3 year term for the President of
the Defense Acquisition University serving on January 1, 2025.
Sec. 832 – Updated acquisition and sustainment training
The House bill contained a provision (sec. 831) that would
require the Defense Acquisition University training curriculum
for program executive officers, program managers, general
officers, and flag officers to be periodically updated to
include innovative best practices of the private sector and
recently provided acquisition authorities.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Under Secretary of Defense for
Acquisition and Sustainment to develop field teams to train
acquisition and sustainment personnel on rapid acquisition
procedures in the course of executing defense acquisition
programs.
Sec. 833 – Extension of demonstration project relating to
certain acquisition personnel management policies and procedures
The Senate committee-reported bill contained a provision
(sec. 6101) that would amend section 1762(g) of title 10, United
States Code, to extend the demonstration project on acquisition
personnel management to 2031.
The House bill contained no similar provision.
The agreement includes the Senate provision.
192
We direct the Under Secretary of Defense for Acquisition
and Sustainment to enter into a contract with a federally funded
research and development center to conduct an assessment of the
Acquisition Demonstration program and to provide a report, not
later than March 1, 2026, to the Committees on Armed Services of
the Senate and the House of Representatives on the results of
that assessment. The assessment should include the following:
(1) A description of the workforce included in the
project, including demographics, geographic distribution and job
categorizations;
(2) An explanation of the flexibilities used in the
project to appoint individuals to the acquisition workforce and
whether those appointments are based on competitive procedures
and recognize veteran’s preferences;
(3) An explanation of the flexibilities used in the
project to develop a performance appraisal system that
recognizes performance and offers opportunities for improvement;
(4) The steps taken to ensure that such a system is
fair and transparent for all employees in the project;
(5) How the project allows the organization to meet
mission needs;
(6) An analysis of how the flexibilities described
in subparagraphs (2) and (3) above are used, and what barriers
have been encountered that inhibit their use;
(7) Whether there is a process for:
(a) ensuring ongoing performance feedback and
dialogue among supervisors, managers, and employees throughout
the performance appraisal period; and
(b) setting timetables for performance
appraisals;
(8) The project’s impact on career progression;
(9) The project’s appropriateness or
inappropriateness in light of the complexities of the workforce
affected;
(10) The adequacy of the training, policy
guidelines, and other preparations afforded in connection with
using the project;
(11) Whether there is a process for ensuring
employee involvement in the development and improvement of the
project;
(12) Cost of conversion of employees out of the
personnel system, including detailing the difference in employee
pay, into a civilian personnel system pursuant to section
1762(h) of title 10, United States Code;
(13) Recommendations for improvements to address any
findings within the assessment; and,
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(14) The consistency of organizational business
rules for the implementation of the demonstration project across
the Department of Defense.
Sec. 834 – Performance incentives related to commercial product
and commercial service determinations
The House bill contained a provision (sec. 832) that would
direct the Secretary of Defense to establish and maintain
performance incentives for contract officers and program
managers for requesting support from Defense Contract Management
Agency, Defense Contract Audit Agency, and other Department of
Defense experts in making commercial product or commercial
service determinations prior to contract solicitation.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would clarify that under the commercial item
preference in section 3453 of title 10, United States Code, the
Department of Defense shall establish performance incentives for
appropriate personnel to adhere to the commercial item
preference, where possible.
Sec. 835 – Modification to extramural acquisition innovation and
research activities
The Senate committee-reported bill contained a provision
(sec. 872) that would amend section 4142 of title 10, United
States Code, to eliminate the position of the director for
extramural acquisition innovation and research activities.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 836 – Prohibition on the transfer of certain data on
employees of the Department of Defense to third parties
The Senate committee-reported bill contained a provision
(sec. 811) that would amend section 4662 of title 10, United
States Code, to tighten the restrictions on a defense
contractor’s ability to sell or transfer certain data on
Department of Defense employees to third parties by narrowing
the Secretary of Defense’s authority to waive the general
restriction. Under this amendment, the Secretary could waive the
general prohibition only on a case-by-case basis as necessary in
the interest of national defense, while ensuring such waiver
poses minimal privacy risk to the employee.
The House bill contained no similar provision.
194
The agreement includes the Senate provision with an
amendment that would clarify that section 4662 of title 10,
United States Code, does not apply when the transfer of such
data would otherwise be authorized under another provision of
law. We note that the public availability of the report required
by this provision is already governed by the requirements of
section 122a of title 10, United States Code.
Sec. 837 – Modifications to contractor employee protections from
reprisal for disclosure of certain information
The Senate committee-reported bill contained a provision
(sec. 873) that would amend section 4701 of title 10, United
States Code, to enhance protections for whistleblowers by
ensuring that they are fully informed of the final disposition
of their reprisal allegation, and what actions, if any, have
been ordered to make them whole.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 838 – Detail authority for Defense Advanced Research
Projects Agency to provide technology transition support
The Senate committee-reported bill contained a provision
(sec. 219) that would authorize the Director of the Defense
Advanced Research Projects Agency (DARPA) to provide qualified
personnel to a military department to support transition of
DARPA-developed technology to such military department, if
requested by the Principal Technology Transition Advisor of that
military department.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would limit such detail assignments to 1 year,
with the option to extend for an additional 6 months.
Sec. 839 – Employment transparency regarding individuals who
perform work in, for, or are subject to the laws or control of
the People’s Republic of China
The Senate committee-reported bill contained a provision
(sec. 853) that would amend section 855 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) to
add a new disclosure requirement for reporting any software
vulnerability to the U.S. affiliate at the same time.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
195
Sec. 840 – Designation of program executive office for
acquisition of open-source intelligence tools for Army
The Senate committee-reported bill contained a provision
(sec. 809) that would identify responsibilities for a Program
Executive Office (PEO) for acquisition of open-source
intelligence tools for the U.S. Army, should the Secretary of
the Army designate an existing PEO to be responsible for opensource intelligence tools.
The House bill contained no similar provision.
The agreement includes the Senate provision.
SUBTITLE D—PROVISIONS RELATING TO SUPPLY
CHAINS AND DOMESTIC SOURCING
Sec. 841 – Enhancing requirements for information relating to
supply chain risk
The House bill contained a provision (sec. 841) that would
allow the Secretary of Defense to delegate supply chain risk
management authority to defense agency directors, remove the
Under Secretary of Defense for Acquisition and Sustainment and
Chief Information Officer joint recommendation requirement, the
Under Secretary of Defense for Intelligence and Security risk
assessment requirement, and the Under Secretary of Defense for
Acquisition and Sustainment concurrence requirement for supply
chain risk management acquisition decisions.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 842 – Domestic production of stainless steel flatware and
dinnerware
The House bill contained a provision (sec. 821) that would
add domestically produced stainless steel flatware to the
requirement to buy certain articles from American sources.
The Senate committee-reported bill contained a similar
provision (sec. 843).
The agreement includes the Senate provision with a
technical amendment.
Sec. 843 – Clarification of exception to Berry Amendment
requirements for procurement of vessels in foreign waters
196
The Senate committee-reported bill contained a provision
(sec. 1025) that would amend section 4862 of title 10, United
States Code, to explicitly permit the acquisition of nondomestic items— not only by vessels in foreign waters, but also
by other Department of Defense activities that are making
purchases on behalf of vessels operating in foreign waters.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 844 – Technical edits to sourcing requirements for
strategic materials and sensitive materials
The Senate committee-reported bill contained a provision
(sec. 879) that would amend sections 4863 and 4872(c)(2) of
title 10, United States Code, to clarify waiver authorities
regarding the sourcing requirements for strategic and sensitive
materials and better align these sections of code.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 845 – Amendment to requirement to buy strategic materials
critical to national security from American sources
The House bill contained a provision (sec. 842) that would
amend the requirement to buy strategic materials critical to
national security from American sources by inserting
‘‘qualifying’’ and defining a qualifying foreign government as
the government of a country with which the United States has in
effect a reciprocal defense procurement Memorandum of
Understanding.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would clarify the term qualifying foreign
government.
Sec. 846 – Modification to miscellaneous limitations on the
procurement of goods other than United States goods
The House bill contained a provision (sec. 843) that would
set requirements for domestic medium-speed marine diesel engine
procurement.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
197
Sec. 847 – Inclusion of recycled and reused minerals and metals
in preference for sourcing of strategic and critical materials
The House bill contained a provision (sec. 845) that would
direct the Department of Defense to source materials derived
from recycled and reused minerals and metals within the National
Technology and Industrial Base.
The Senate committee-reported bill contained a similar
provision (sec. 844).
The agreement includes the Senate provision.
Sec. 848 – Domestic nonavailability determinations list
The Senate committee-reported bill contained a provision
(sec. 841) that would require the Under Secretary of Defense for
Acquisition and Sustainment to disclose publicly all domestic
nonavailability determinations (DNADs) on an annual basis, and
would establish a process for the periodic reevaluation of
DNADs.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Under Secretary of Defense for
Acquisition and Sustainment to develop and maintain a list of
all DNADs, provide the list to Congress annually, and develop a
plan for sharing the list with industry.
Sec. 849 – Supply chain illumination incentives
The House bill contained a provision (sec. 847) that would
direct the Secretary of Defense to develop and implement
incentives to encourage contractors of the Department of Defense
to implement and use policies, procedures, and tools that allow
assessment and monitoring of supply chains for vulnerabilities,
security, and noncompliance risks.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 850 – Report and updated guidance on continued risk
management for pharmaceutical supply chains of Department of
Defense
The House bill contained a provision (sec. 844) that would
amend section 3241 of title 10, United States Code, to require
the Department of Defense to include temperature monitoring as a
factor in its pharmaceutical supply chain.
198
The Senate committee-reported bill contained a provision
(sec. 848) that would require the Under Secretary of Defense for
Acquisition and Sustainment to provide a report on existing
information streams related to key starting materials for
pharmaceuticals that the Department of Defense relies on—
including any limitations on the ability of the Secretary of
Defense to obtain, analyze or monitor such pharmaceutical supply
chains.
The agreement includes the Senate provision with an
amendment to include data on temperature monitoring across the
pharmaceutical supply chain as an element of the required
report.
SUBTITLE E—PROHIBITIONS AND LIMITATIONS ON
PROCUREMENT
Sec. 851 – Prohibition on contracting with covered entities that
contract with lobbyists for Chinese military companies
The House bill contained provisions (sec. 802 and sec.
881) that would prohibit the Department of Defense from
contracting with companies that retain lobbying firms that also
lobby for Chinese military companies as defined by the
Department of Defense’s 1260H list, and require the Comptroller
General of the United States to submit a report containing the
results of a study on the national security risks posed by
consulting firms who simultaneously contract with the Federal
Government and the Chinese government or its proxies or
affiliates.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision which would
prohibit the Department of Defense from contracting with
companies that retain lobbying firms that also knowingly lobby
for Chinese military companies as defined by the Department of
Defense’s 1260H list.
We direct the Comptroller General of the United States to
submit a report to the congressional defense committees, not
later than one year after the enactment of this Act, on the
national security risks posed by consulting firms who
simultaneously contract with the Department of Defense and the
Chinese government or its proxies or affiliates. This report
shall:
(1) Assess the extent to which the Department of
Defense collects information on contracts performed on behalf of
the Chinese government or its proxies or affiliates by
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consulting firms that hold or have held contracts with the
Department of Defense, and whether such information includes
specific projects and deliverables of such contracts;
(2) Evaluate the extent to which the Department of
Defense has assessed the risks posed by American consulting
firms’ work for the Chinese government and its proxies or
affiliates, including an assessment of risk of deliberate or
inadvertent sharing of confidential or proprietary information
that may be used for Chinese economic or military advantage;
(3) Identify relevant contract clauses, procedures,
and information used by the Department of Defense to identify,
evaluate, and resolve organizational conflicts of interest when
awarding consulting contracts;
(4) Identify challenges faced by the Department of
Defense to identify, evaluate, and resolve organizational
conflicts of interest, including determining whether the offeror
or potential contractor also performs work for China; and
(5) Identify steps the Department of Defense takes
to monitor contractor compliance with any contract clauses,
terms or conditions intended to resolve identified conflicts of
interest.
Sec. 852 – Notification of changes to certain transportation
contracts
The House bill contained a provision (sec. 806) that would
prohibit the Department of Defense from waiving safety and
security requirements for truck drivers and motor carriers that
transport munitions for the Department.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to provide
a briefing to the congressional defense committees prior to
implementing any change in safety and security requirements for
munitions transportation contracts.
Sec. 853 – Prohibition on procurement of covered semiconductor
products and services from companies providing covered
semiconductor products and services to Huawei
The House bill contained a provision (sec. 807) that would
prohibit the Secretary of Defense from entering into or renewing
a contract for the procurement of any covered semiconductor
products and services for the Department of Defense with any
entity that provides covered semiconductor products and services
to Huawei.
200
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 854 – Prohibition on contracts for online tutoring services
The House bill contained provisions (sec. 809C and sec.
1047) that would prohibit the Secretary of Defense from entering
into a contract for online tutoring services which could result
in personal data of citizens of the United States being
transferred to the control of the People’s Republic of China.
The Senate committee-reported bill contained a similar
provision (sec. 886).
The agreement includes the House provision with a
technical amendment.
Sec. 855 – Limitation on availability of funds for covered
contractors engaged in an anti-Israel boycott
The House bill contained a provision (sec. 645) that would
prohibit the Secretary of Defense from knowingly permitting the
sale of goods from any entities that has engaged or engages in a
boycott of Israel.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would prohibit the Secretary of Defense from
knowingly permitting the sale of goods from any entities that
has engaged or engages in a boycott of Israel and has a total
volume of sales exceeding $10 million.
Sec. 856 – Procurement of cleaning products
The House bill contained a provision (sec. 804) that would
require the Department of Defense to procure cleaning products,
as identified by the Safer Choice program, to the maximum extent
practicable.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 857 – Plan for production of covered munitions for
procurement by the Department of Defense
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The Senate committee-reported bill contained a provision
(sec. 881) that would require the Secretary of Defense to
establish a pilot program for the licensed production by
commercial companies of munitions, munitions test platforms, and
mission systems for munitions.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 858 – Procurement of covered hearing protection devices
The House bill contained a provision (sec. 854) that would
allow the Secretary of Defense, in coordination with the head of
the Hearing Center of Excellence, to enter into one or more
contracts to procure covered hearing protection devices for all
members of the Armed Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
SUBTITLE F—INDUSTRIAL BASE MATTERS
Sec. 861 – Codification and modification of pilot program to
accelerate the procurement and fielding of innovative
technologies
The Senate committee-reported bill contained a provision
(sec. 141) that would amend section 834 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) to
permit the issuance of not more than two solicitations for
proposals with no restrictions on type of business.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 862 – Program for distribution support and services for
contractors
The House bill contained a provision (sec. 853) that would
authorize a program that allows the Secretary of Defense to
provide storage and distribution services for contractors of the
Department of Defense for 15 years.
The Senate committee-reported bill contained a similar
provision (sec. 876).
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The agreement includes the Senate provision with a
technical amendment.
Sec. 863 – Extension of the pilot program for streamlining
awards for innovative technology projects
The Senate committee-reported bill contained a provision
(sec. 825) that would amend section 873 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92) to
extend the pilot program for streamlining awards to small
businesses and nontraditional defense contractors for innovative
technology projects to 2029.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 864 – Use of capability-based analysis of price of goods or
services offered by nontraditional defense contractors
The Senate committee-reported bill contained a provision
(sec. 824) that would create a pilot program to allow Department
of Defense contracting officers to consider a wider range of
analyses in their price reasonableness determinations for
products and services offered by small businesses and
nontraditional defense contractors.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 865 – Qualification of industrial capabilities
The Senate committee-reported bill contained a provision
(sec. 842) that would require the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the
Secretaries of the military departments, to establish a pilot
program to expedite the qualification of key technologies
critical to weapons programs, such as energetics and solid
rocket motors and direct the Under Secretary of Defense for
Acquisition and Sustainment to provide a briefing on the
implementation of this pilot program and annual reports
detailing the streamlined qualification process and programs
that are utilizing this process.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense, in
coordination with the Secretaries of the military departments
and the Director of the Defense Logistics Agency, to establish a
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process to rapidly qualify industrial capabilities for combat
deployment.
Sec. 866 – Solid rocket motor industrial base
The Senate committee-reported bill contained a provision
(sec. 846) that would require the Under Secretary of Defense for
Acquisition and Sustainment, acting through the Director of the
Joint Production Accelerator Cell and the Assistant Secretary of
Defense for Industrial Base Policy, to develop a roadmap for the
desired state of the solid rocket motor industrial base to
support existing and planned munitions programs.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Under Secretary of Defense for
Acquisition and Sustainment, acting through the Director of the
Joint Production Accelerator Cell and the Assistant Secretary of
Defense for Industrial Base Policy, to submit to the
congressional defense committees a strategy for ensuring the
United States defense industrial base can meet solid rocket
motor (SRM) requirements for current and future Service programs
of record. It would also require the Secretary of Defense to
contract with a federally funded research and development center
to conduct a review of the SRM industrial base.
Sec. 867 – Promulgate guidance relating to certain Department of
Defense contracts
The House bill contained a provision (sec. 873) that would
require the Secretary of Defense to issue guidance on the
governance and oversight of the contracts of the Department of
Defense that support or enable sensitive activities not later
than January 31, 2025.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
SUBTITLE G—SMALL BUSINESS MATTERS
Sec. 871 – Pilot program for the participation of military
research and educational institutions in the STTR program
The House bill contained a provision (sec. 862) that would
amend the definition of research institution in section 9(e)(8)
of the Small Business Act.
204
The Senate committee-reported bill contained a similar
provision (sec. 863).
The agreement includes the Senate provision.
Sec. 872 – Department of Defense pilot program for preliminary
calculation estimates for certain programs
The Senate committee-reported bill contained a provision
(sec. 864) that would require the Secretary of Defense to
establish a pilot program for calculating required budget
expenditures for certain programs of the Department of Defense
that only receive their funding allocations after a final
appropriations bill is enacted.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 873 – Boots to Business Program
The House bill contained a provision (sec. 869) that would
establish the “Boots to Business Program” to provide
entrepreneurship training to covered individuals.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 874 – Establishment of pilot program for access to shared
classified commercial infrastructure
The House bill contained a provision (sec. 865) that would
require the Secretary of Defense to expand existing pilot
programs to not fewer than six locations at which small business
concerns, contractors of the Department of Defense, and
institutions of higher education may access shared commercial
classified infrastructure.
The Senate committee-reported bill contained a similar
provision (sec. 1547).
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 875 – Accessibility and clarity in covered notices for
small business concerns
The House bill contained a provision (sec. 864) that would
require the Department of Defense write contract solicitations
in plain language.
205
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 876 – Small Business Bill of Rights
The Senate committee-reported bill contained a provision
(sec. 862) that would require the Secretary of Defense, through
the Small Business Integration Working Group, to develop and
adopt a Small Business Bill of Rights for the Department of
Defense to ensure small business customer service issues and
conflicts are resolved expeditiously.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
SUBTITLE H—OTHER MATTERS
Sec. 881 – Clarification of waiver authority for organizational
and consultant conflicts of interest
The House bill contained a provision (sec. 871) that would
amend the Federal Acquisition Regulation to clarify that a
waiver granted for an organizational conflict of interest must
include written justification and cannot be delegated below the
level of the deputy agency head.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the provision.
Sec. 882 – Reverse engineering or re-engineering for production
of items
The Senate committee-reported bill contained a provision
(sec. 822) that would require the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the
Secretaries of the military departments and the Director of the
Defense Logistics Agency, to carry out a pilot program to assess
the feasibility and advisability of producing parts through
reverse engineering or re-engineering.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 883 – Procurement of Department of Defense batteries
206
The House bill contained a provision (sec. 855) that would
require the Department of Defense to procure lithium-ion
batteries produced in the United States or in allied nations
beginning in 2026.
The Senate committee-reported bill contained a similar
provision (sec. 888).
The agreement includes the House provision with an
amendment that would require the Department of Defense to
coordinate a Department-wide approach to establish a battery
strategy to further leverage the advancements of domestic and
allied commercial industry.
Sec. 884 – Advisory panel on the requirements process of the
Department of Defense
The Senate committee-reported bill contained a provision
(sec. 806) that would require the Secretary of Defense to
establish an advisory panel to provide recommendations on the
effectiveness of the Department of Defense requirements process
and develop options for reform.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 885 – Proposal for payment of costs for certain Government
Accountability Office bid protests
The House bill contained a provision (sec. 872) that would
require the Secretary of Defense to establish a pilot program to
determine the effectiveness of requiring a contractor to
reimburse the Department of Defense for costs incurred in
processing covered protests.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would increase the threshold for allowable
Department of Defense (DOD) protests from $25 million to $35
million and require the Government Accountability Office and DOD
to develop enhanced plea standards for DOD contracts, a standard
cost to the government of a protest based on contract size, and
benchmark foregone profit rates of the awarded contractor.
Sec. 886 – Briefings, certification, and limitation on
availability of funds related to fuel services financial
management contracts
207
The House bill contained a provision (sec. 805) that would
prohibit the Department of Defense from entering into a contract
with a fuel service provider to oversee the financial management
of the Department of Defense’s fuel network.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 887 – Implementation of Comptroller General recommendations
relating to certain spare parts for F-35 aircraft
The House bill contained a provision (sec. 878) that would
require the Secretary of Defense to take such actions as may be
necessary to implement the recommendations of the Comptroller
General of the United States contained in the report entitled,
‘‘F-35 Program: DOD Needs Better Accountability for Global Spare
Parts and Reporting of Losses Worth Millions’’. The provision
would require a report from the Secretary on the progress of the
implementation no later than one year after enactment of this
Act.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision, amended to
require that the implementation report from the Secretary be
submitted no later than December 31, 2025.
Sec. 888 – Tracking awards made through other transaction
authority
The Senate committee-reported bill contained a provision
(sec. 861) that would require the Under Secretary of Defense for
Acquisition and Sustainment to establish a pilot program that
would enable the Department of Defense to track the number and
funding amounts of awards to small businesses and nontraditional defense contractors through the use of other
transaction authorities, including those carried out through
consortia.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would clarify that the Under Secretary of Defense
for Acquisition and Sustainment shall track the number and
funding amounts of awards to small businesses and nontraditional defense contractors through the use of other
transaction authorities going forwards, instead of a pilot
program.
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LEGISLATIVE PROVISIONS NOT ADOPTED
Updated guidance on planning for global demand
The House bill contained a provision (sec. 808) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to ensure that the program guidance for major
defense acquisition programs are revised to integrate planning
for global demand under foreign military sales, direct
commercial sales, and other relevant transfer authorities to
capture and plan for international demand
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that section 4211 of title 10, United States Code,
requires program acquisition strategies to account for
international involvement, including foreign military sales and
cooperative opportunities.
Budget recommendations for multiyear procurement of priority
items
The House bill contained a provision (sec. 809A) that
would require the Secretary of Defense, in coordination with
Director of the Office of Management and Budget and the
Comptroller General of the United States to include an annex
with recommendations on multi-year procurement of priority items
along with the budget materials submitted to Congress in support
of the annual budget request of the President.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Prohibition on certain Chinese e-commerce purchases
The House bill contained a provision (sec. 809B) that
would prohibit the Department of Defense from obligating or
expending funds to acquire any good from Temu or Shein or
through a service operated by either such entity.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Review panel on fair and reasonable pricing and contract
oversight
209
The House bill contained a provision (sec. 809D) that
would require the Secretary of Defense to establish a review
panel on fair and reasonable pricing and contract oversight of
sole-source contracts for munitions and weapons systems
contracts, including related contracts for services and spare
parts.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We continue to have concerns that the Department is not
adequately able to reach fair and reasonable pricing with sole
source suppliers. We recognize the Department provided
comprehensive findings on cost or pricing data oversight,
reviews, audits, and inspections conducted by the Inspector
General consistent with the direction from the Joint Explanatory
Statement for House-passed section 895 of the National Defense
Authorization Act for Fiscal Year 2024. We also recognize the
study provided by the Director of Defense Pricing, Contracting
and Acquisition Policy on the Truth in Negotiations Act as part
of the Defense Contract Finance Study. While the findings
provide important insights, we believe there is room for further
improvement to the Department’s contract negotiation practices.
In particular, we believe that cost or pricing data challenges
associated with sole source suppliers often result from
inadequate data rights analysis, ordering, inspection, and
enforcement. Moreover, barriers to competition are created by
difficult to navigate qualification and test procedures and
government-unique flow-down clauses. Therefore, we direct the
Undersecretary of Defense for Acquisition and Sustainment to
provide a briefing to the congressional defense committees, not
later than March 1, 2025, on the feasibility and advisability of
creating a panel composed of both government officials and
industry representatives that would comprehensively evaluate the
challenges to, and potential solutions for, ensuring fair and
reasonable prices are received by the Department of Defense.
Elimination of late cost and pricing data submission defense
The House bill contained a provision (sec. 813) that would
require contractors to provide all cost and pricing data
relevant to an award prior to contract agreement.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Special operations forces procurement authority
210
The House bill contained a provision (sec. 816) that would
provide U.S. Special Operations Forces with special procurement
authority, allowing certain procurements to be treated as being
conducted outside the United States and adjusting monetary
thresholds for such procurements.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict and the Commander, U.S.
Special Operations Command, not later than March 1, 2025, to
jointly provide the congressional defense committees a briefing
on any recommended changes to procurement authorities necessary
to support activities by special operations forces, to include
those that are conducted outside of contingency operations
declared by the Secretary of Defense.
Limitation on availability of funds for chiller class projects
of the Department of the Air Force
The House bill contained a provision (sec. 819) that would
prohibit noncompetitive procurement of heating, ventilation, and
air conditioning chillers at installations of the Air Force
until the Secretary of Defense submits a certification to
congressional defense committees.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of the Air Force, not later than
90 days after the date of the enactment of this Act, to provide
a briefing to the Committees on Armed Services of the Senate and
the House of Representatives on the business case for use of a
non-competitive justification and approval process for chiller
class projects within the Department of the Air Force. The
briefing should include, at a minimum, a discussion of how the
Air Force is measuring the impacts of standardization, to
include life-cycle costs, cost-avoidance if applicable, and
sustainment timelines at the installations at which this process
has been used.
Regulations applicable to combat footwear of members of all
branches of the armed forces
The House bill contained a provision (sec. 820) that would
require the Secretary of Defense to issue regulations
prohibiting any member of the Armed Forces from wearing optional
combat boots as part of a required uniform unless the optional
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combat boots are entirely manufactured in the United States and
are manufactured from materials only sourced from the United
States.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Senate report accompanying S.4638 (S.
Rept. 118-188) of the National Defense Authorization Act for
Fiscal Year 2025 included a requirement for the Secretaries of
the military departments to provide a briefing to the
congressional defense committees, not later than March 1, 2025,
on the feasibility and advisability of changing regulations to
ensure that boots worn by servicemembers are entirely
manufactured in the United States.
Pilot program for program management offices to compete in
rehabilitating at-risk programs
The House bill contained a provision (sec. 834) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to establish a pilot program to test the feasibility
and reliability of using two program management offices to
compete in managing programs for rapid fielding.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Under Secretary of Defense for Acquisition
and Sustainment, in coordination with the Secretaries of the
military departments, to provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives,
not later than June 1, 2025, on the feasibility and advisability
of establishing a process for acquisition programs to have
competing Department of Defense program managers to promote
competition.
Report relating to certain domestic nonavailability
determinations
The House bill contained a provision (sec. 846) that would
require the Secretary of Defense to provide a report on the
procurement of fire-resistant fiber blend fabric and a report on
the process for making, reviewing, and terminating or modifying
domestic nonavailability determinations.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
212
We note the Senate report accompanying the Senate
committee-reported bill directs the Secretaries of the military
departments to provide a briefing to the Committees on Armed
Services of the Senate and House of Representatives on “Domestic
Nonavailability Determinations.” Furthermore, we direct the
Secretary of Defense, in coordination with the Secretaries of
the military departments, to include the following additional
components in that briefing not later than April 1, 2025: (1)
Information on the availability of domestic sources for fireresistant fiber blend fabric for the production of uniforms; (2)
A description of any contract the Secretary or a Secretary of a
military department has entered into for the procurement of
fire-resistant fiber blend fabric from a domestic source in the
three-year period preceding the date of the briefing, including
any contracts with specifications for a specific blend; (3) A
comparison of fire-resistant fiber blends with and without the
inclusion of fire-resistant rayon;
(4) The process of making a domestic nonavailability
determination (DNAD) pursuant to section 4862(c) of title 10,
United States Code, including the average length of time to make
such determination and if the Department factors in a single
domestic source as a justification to provide a DNAD; (5) The
process of reviewing such determinations, including factors that
trigger the initiation of a review, and the timelines associated
with each such review; and (6) The process by which Secretary
determines whether to terminate or modify such determination.
Study on use of off-the-shelf information technology products
from foreign adversary countries
The House bill contained a provision (sec. 848) that would
require the Secretary of Defense to carry out a study on the use
by the Department of Defense of off-the-shelf information
technology products that were manufactured, produced, or
assembled by a covered company and provide a report on the
findings of the study.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Entrepreneurial Innovation Project designations
The House bill contained a provision (sec. 851) that would
amend chapter 303 of title 10, United States Code, to require
the Armed Forces to identify promising research programs of the
Small Business Innovation Research Program or Small Business
213
Technology Transfer Program for inclusion in the future budgets
and plans of the Department of Defense.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Modification to procurement requirements relating to rare earth
elements and strategic and critical materials
The House bill contained a provision (sec. 852) that would
amend section 857 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117–263) to
include a supply chain disclosure requirement for large-capacity
batteries.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We remain concerned about the Department of Defense and
the defense industrial base’s continued reliance on non-allied
manufacturers for their battery requirements. While there have
been ongoing efforts to create alternative sources, to include
Industrial Base Analysis and Sustainment and Defense Production
Act of 1950 (Public Law 81–774) investments, the Department has
been hamstrung by bureaucratic processes and inconsistent
funding. The recent imposition of Chinese sanctions on United
States defense companies may further limit access to necessary
materials. We urge the Department to continue to prioritize
investment and standardization in battery supply chains.
Impact assessment of Manufacturing Innovation Institutes on the
defense industrial base
The House bill contained a provision (sec. 856) that would
require the Secretary of Defense to submit an assessment of the
impact of continued investment in Department of Defense
sponsored manufacturing innovation institutes on the defense
industrial base in the United States.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on competition and equipment repair
The House bill contained a provision (sec. 857) that would
require the Secretary of Defense to submit a report on
competition and equipment repair.
214
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Department of Defense contracting goals for small business
concerns owned and controlled by veterans
The House bill contained a provision (sec. 861) that would
set Department of Defense goals for contracting to veteran owned
small businesses.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Training on increasing Federal contract awards to small business
concerns owned and controlled by service-disabled veterans
The House bill contained a provision (sec. 863) that would
require the Department of Defense to engage the Small Business
Administration to conduct training for procurement personnel on
how to increase awards made to service-disabled veteran-owned
small businesses.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Memorandum of understanding relating to Department of Defense
critical technology area opportunities for small business
concerns
The House bill contained a provision (sec. 866) that would
require the Secretary of Defense and Administrator of the Small
Business Administration to increase information sharing on
contract opportunities available for small business relating to
Department of Defense critical technology areas.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
COLLABORATE Memorandum of Understanding Report
The House bill contained a provision (sec. 867) that would
require the Assistant Administrator for the Office of
Entrepreneurial Development of the Small Business Administration
and the Director of Small Business Programs of the Department of
Defense to submit a report on the memorandum of understanding
215
between the Small Business Administration and the Department of
Defense entered into on December 2, 2022.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Modification to initiatives to support small businesses in the
national technology and industrial base
The House bill contained a provision (sec. 868) that would
modify section 861 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) by requiring the Assistant Secretary of Defense for
Industrial Base Policy to provide a report on the activities
undertaken by the National Technology and Industrial Base and
require a report on the overall efficacy of the small business
strategy.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on bundled contracts of the Department of Defense
The House bill contained a provision (sec. 869A) that
would require the Secretary of Defense to provide a report on
the effects of awarding bundled contracts on the Department of
Defense and small business concerns and the potential effects of
reducing the number of bundled contracts awarded.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Director of the Defense Logistics Agency to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives, not later than April 1,
2025, on the effects of awarding bundled contracts (as defined
in section 3 of the Small Business Act (15 U.S.C. 632)) on the
Defense Logistics Agency and small businesses and the potential
effects of reducing the number of bundled contracts awarded.
Framework for the efficient and secure procurement of food
service products
The House bill contained a provision (sec. 874) that would
require a framework from the Department of Defense to improve
the security of supply chains for food service products.
The Senate committee-reported bill contained no similar
provision.
216
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than March 1, 2025, on the
feasibility and advisability of requiring all disposable food
service products procured for use by the Department of Defense
to be compostable and produced domestically. The briefing should
include a potential timeline required to implement this
requirement, any existing laws and regulations establishing
domestic acquisition preferences or requirements that may be
affected by the requirement, a cost analysis of implementing the
requirement, and any other information the Secretary deems
relevant.
Plan for identifying and replacing syringes of concern
The House bill contained a provision (sec. 875) that would
require the Department of Defense, in coordination with the
Defense Logistics Agency and Defense Heath Agency, to develop
and implement a plan to review the Department’s inventory and
supply chain for medical syringes that have been subject to a
Food and Drug Administration Import Alert or meet the conditions
of a Food and Drug Administration Safety Communication.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on domestic sites for rare earth element mining
The House bill contained a provision (sec. 876) that would
require the Under Secretary of Defense to provide a report
containing a list of domestic sites for rare earth element
mining.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, not later than March
1, 2026, in consultation with the Secretary of Interior, to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives on the extent to which
the two departments confer with each other on expertise related
to domestic sites for rare earth mining. The briefing shall
include, but not be limited to, the following focus areas
regarding rare earth elements: (1) Existing domestic sites that
have received Federal investment and their status of
development; (2) Areas that may have a high potential for
containing deposits and where new or additional mining
217
operations could be established or are suitable; and (3)
Existing limitations for expanding and funding domestic sites
for rare earth element mining.
Prohibition on entering into contracts with a person engaged in
a boycott of the State of Israel
The House bill contained a provision (sec. 877) that would
prohibit the Secretary of Defense from entering into a contract
with a person if such person is engaged in an activity that is
politically motivated and is intended to penalize or otherwise
limit significant commercial relations specifically with Israel
or persons doing business in Israel or in Israeli-controlled
territories.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Assessment of compliance with Global Household Goods Contract
requirements
The House bill contained a provision (sec. 880) that would
require the Commander, United States Transportation Command to
conduct an assessment of the performance of contractors under
the Global Household Goods Contract (GHC) in meeting the
applicable requirements for capacity and quality in such
contract during the period beginning on May 1, 2025, and ending
on August 31, 2025.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Commander, United States Transportation
Command to provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives not
later than November 1, 2025, assessing the performance of the
Global Household Goods Contract in meeting the following:
(1) Requirements for capacity and quality in such
contract during the period beginning on May 15, 2025 and ending
on September 30, 2025;
(2) Servicemember feedback since the beginning of
GHC implementation;
(3) An updated progression schedule for continued
phase-in of domestic and international household goods shipments
at future locations; and
(4) An update on the duration, retention, and sunset
of existing Tender of Service program services.
218
Prohibition on funding for covered entities and nonprofit
organizations or other entities that engage in covered behavior
The House bill contained a provision (sec. 882) that would
prohibit the use of funds for covered entities and nonprofit
organizations that engage in covered behavior.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Prohibitions relating to covered distributed ledger technology
and blockchain equipment or services
The House bill contained a provision (sec. 883) that would
prohibit the Secretary of Defense to enter into, extend or renew
a contract or other agreement for, any equipment, system, or
service that uses covered distributed ledger technology and
blockchain equipment or services as a substantial or essential
component of such equipment, system, or service; or critical
technology as part of such equipment, system, or service.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on contract goal for the AbilityOne program
The House bill contained a provision (sec. 884) that would
require the Secretary of Defense to provide a report on the
contract goal for the AbilityOne program.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note the value of the AbilityOne program as one of the
largest sources of employment in the United States for people
who are blind or have significant disabilities. In section 898
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), we directed the Secretary of Defense to
establish the “Panel on Department of Defense and AbilityOne
Contracting Oversight, Accountability and Integrity” of senior
level representatives from Department of Defense agencies, the
U.S. AbilityOne Commission, and other Federal agencies and
organizations. We note that the existing 0.5 percent AbilityOne
contracting goal for the Department of Defense has remained
unchanged since the recommendations of this panel. We recognize
that the AbilityOne Commission and the Secretary of Defense are
reviewing proposals to increase the threshold.
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Report on small purchases of critical minerals and magnets
The House bill contained a provision (sec. 885) that would
require the Director of the Defense Contract Management Agency
to provide a report detailing the dollar amount of covered
materials manufactured in the People’s Republic of China and the
Russian Federation and acquired by the Department of Defense
through contracts valued at or below the simplified acquisition
threshold during the period beginning on January 1, 2020.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a report to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than June 1, 2025, on the amount of
strategic materials that have been manufactured in China and
Russia and acquired by the Department of Defense since January
1, 2020. For the purposes of the report, strategic materials
include: samarium-cobalt magnets, neodymium-iron-boron magnets,
tungsten metal powder, tungsten heavy alloy, tantalum metals and
alloys, aluminum-nickel-cobalt magnets, and any metals listed in
section 4863(l) of title 10, United States Code. The report
shall include recommendations for the Department of Defense to
improve its ability to track the manufacturing of such strategic
materials.
Limitation on availability of funds for installation of
photovoltaic modules
The House bill contained a provision (sec. 886) that would
prohibit the use of funds for the Department of Defense from
being used for a contract for the installation of photovoltaic
modules at any facility or real property of the Department of
Defense unless the contract contains a provision prohibiting the
procurement of such photovoltaic modules from a foreign entity
of concern.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note the existing requirements for the purchase of
domestically sourced items via sections 4862, 4863, and 4864 of
title 10, United States Code.
Study and report on shipping containers and specialty shipping
containers
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The House bill contained a provision (sec. 887) that would
require the Secretary of Defense, in coordination with the
Secretary of Transportation, to provide a report that contains
the results of a study on shipping containers and specialty
shipping containers.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Modification to submission of certified cost or pricing data
The Senate committee-reported bill contained a provision
(sec. 807) that would amend section 3705 of title 10, United
States Code, to require the Department of Defense to provide a
notification if contractors have multiple instances of denying
the Department cost or pricing data when requested in the
Federal Awardee Performance and Integrity Information System
used by contracting officers.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Ensuring competition in artificial intelligence procurement
The Senate committee-reported bill contained a provision
(sec. 810) that would specify certain policies related to the
use and protection of training data in artificial intelligence
procurements to protect government furnished training data.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that elements of this provision are addressed
elsewhere in this Act.
Modifications to commercial product and commercial service
determinations
The Senate committee-reported bill contained a provision
(sec. 827) that would amend sections 3456 and 3703 of title 10,
United States Code, to: (1) Require Department of Defense (DOD)
contracting officers to submit a written memorandum to a
contractor summarizing the determination of the commerciality of
a product or service within 30 days of the determination being
made, rather than 30 days after contract award; (2) Extend a
determination of commerciality to items procured under
subcontracts, provided that the DOD contracting officer approves
the determination; and (3) Extend a determination of
commerciality to products that may have changed a part number,
but provide substantially the same functionality.
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The House bill contained no similar provision.
The agreement does not include the Senate provision.
Requirement for contractors to provide reasonable access to
repair materials
The Senate committee-reported bill contained a provision
(sec. 828) that would prohibit the Secretary of Defense from
entering into a contract for the procurement of a good or
service unless the contractor agrees to provide fair and
reasonable access to all repair materials, including parts,
tools, and information.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Process for consulting on national security import reviews
The Senate committee-reported bill contained a provision
(sec. 845) that would require the Secretary of Defense to
establish a process for investigating and reporting on the
national security implications of imports when asked to consult
by another Federal agency and require the Secretary to submit an
annual report regarding the national security risks posed by the
reviewed imports.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that section 232 of the Trade Expansion Act of
1962 (Public Law 87-794) requires the Department of Commerce to
seek interagency input when conducting import reviews. We note
that under this process, the Department of Defense should
provide input on any national security concerns regarding
industries of importance to the Department of Defense and the
defense industrial base.
Pharmaceutical supplier compliance with data submission
requirements
The Senate committee-reported bill contained a provision
(sec. 847) that would direct the Director of the Defense
Logistics Agency to require, to the extent feasible, every
contractor supplying pharmaceuticals to the Department of
Defense to submit the amount of each listed drug manufactured,
prepared, propagated, compounded, or processed for commercial
distribution to the Food and Drug Administration (FDA), as
required by section 510(j)(3) of the Federal Food, Drug, and
Cosmetic Act (Public Law 117-9), as added by section 3112(e) of
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the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136).
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We expect pharmaceutical providers to ensure their
compliance with this requirement from the FDA, and encourage the
Department of Defense to ensure their contractors’ compliance
with this reporting.
Report on impact of mergers and acquisitions on the defense
industrial base
The Senate committee-reported bill contained a provision
(sec. 849) that would require the Assistant Secretary of Defense
for Industrial Base Policy to submit a report to the
congressional defense committees on the policies and procedures
of the Department of Defense relating to mergers and
acquisitions and how these impact the defense industrial base.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that a similar reporting requirement was included
in the House Report 118-529.
Transparency in acquisition waivers issued by the Department of
Defense
The Senate committee-reported bill contained a provision
(sec. 851) that would require the Assistant Secretary of Defense
for Industrial Base Policy to publish all non-sensitive
information regarding acquisition waivers granted by the
Department of Defense on a publicly accessible website and
provide an annual briefing on all waivers granted by the
Department of Defense in the previous calendar year.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We remain concerned that there is no visibility into
national security waivers, and therefore, we direct the
Secretary of Defense, in coordination with the Secretaries of
the military departments, to brief the Committees on Armed
Services of the Senate and House of Representatives, no later
than January 1, 2026, on all national security waivers granted
by the Department of Defense in the previous calendar year. The
briefing may be submitted in a classified form. We expect the
Under Secretary of Defense of Acquisition and Sustainment to
promulgate necessary guidance to the military services regarding
proper reporting of national security waivers for the purposes
of this briefing requirement.
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Report on capacity to increase domestic industrial production
and procurement of strategic and critical materials
The Senate committee-reported bill contained a provision
(sec. 852) that would require the Secretary of Defense to submit
a report that assesses the capacity to increase domestic
industrial production and procurement of strategic and critical
materials during peacetime and in the event of a national
emergency.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, not later than July 1, 2025, on the
Department’s capacity to increase domestic industrial production
and procurement of strategic and critical materials. The
briefing shall include but not be limited to: (1)
Recommendations regarding increasing the role of the Secretary
of Defense in the production and procurement of strategic and
critical materials from domestic sources; and (2) Ongoing or
previous efforts by the Department of Defense to integrate its
responsibilities with the responsibilities of other Federal
Agencies related to increasing domestic industrial production
and procurement of strategic and critical materials during
peacetime and in the event of a national emergency.
Department of Defense manufacturing authorities
The Senate committee-reported bill contained a provision
(sec. 854) that would require the Secretary of Defense to enter
into contracts for the domestic manufacture of certain
prescription drugs if Department of Defense requirements for
such drugs cannot be met by other means.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Reports on Joint Warfighter Cloud Capability contracts
The Senate committee-reported bill contained a provision
(sec. 884) that would require the Director of the Defense
Information Systems Agency, not later than 90 days after the
date of the enactment of this Act, and on a biannual basis
thereafter until September 30, 2030 to produce a report on the
contracts relating to the Joint Warfighter Cloud Capability
entered into by the Department of Defense 2022 for commercial
cloud services for the Department.
The House bill contained no similar provision.
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The agreement does not include the Senate provision.
Phase-out of computer and printer acquisitions involving
entities owned or controlled by China
The Senate committee-reported bill contained a provision
(sec. 885) that would require the Secretary of Defense to phaseout the procurement of computers and printers that are
manufactured by an entity that is owned by the government of the
People’s Republic of China or under the influence of the
government of the People’s Republic of China.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that the National Defense Authorization Act for
Fiscal Year 2024 Conference Report (H. Rept. 118-301) addressed
the Department of Defense’s risk-based approach to the
procurement of information technology. We are also aware that
the cyber threat landscape is constantly changing, with new
threats emerging on a regular basis. We believe that the
Department should account for new cyber threats in its
procurement of information technology and take appropriate steps
to ensure that it fully mitigates the cybersecurity risks of
acquiring computers and printers from entities owned or
controlled by entities in the People’s Republic of China.
Requirement to procure domestically produced generic drugs
The Senate committee-reported bill contained a provision
(sec. 887) that would prohibit the purchase of certain generic
drugs needed by the Department of Defense from non-domestic or
non-Trade Agreement Act of 1979 (Public Law 96–39) compliant
sources after October 1, 2025, unless a determination is made
that such drugs are not otherwise available in satisfactory
quality and sufficient quantity to meet military needs, or when
needed at market prices.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We remain deeply concerned regarding the supply chains for
pharmaceutical products that are necessary for warfighter
readiness. The National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263) included section 860 that focused
on determining supply chain vulnerabilities, and the Department
of Defense (DOD) has made improvements in identification of
problematic sources. We are aware that the Department is limited
by the data that industry provides to the U.S. Food and Drug
Administration regarding sources of active pharmaceutical
ingredients and other data. While the DOD has a vested interest
225
in ensuring the security of their supply chains, the Department
of Health and Human Services (HHS) is responsible for the
integrity of the pharmaceutical industrial base. We are aware
that HHS has the authority to use the Defense Production Act for
investment in the domestic pharmaceutical industrial base.
Improving the supply chains for pharmaceuticals should be a
government-wide effort.
Therefore, we direct the Secretary of Defense to provide a
briefing, not later than May 1, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives on:
(1) Challenges that DOD experiences working with the
interagency on receiving proper data on pharmaceutical supply
chains, to include potential solutions;
(2) Ongoing discussions or efforts, if any, on
utilizing the Defense Production Act authority under DOD or HHS
for warfighter necessary pharmaceutical products;
(3) The feasibility and advisability of establishing
an acquisition preference to encourage domestic or allied
sourcing of pharmaceutical products, to include what the
framework could look like; and
(4) Any other relevant items that the Secretary of
Defense deems appropriate.
Prohibition on procurement and commissary sales of seafood
originating or processed in China
The Senate committee-reported bill contained a provision
(sec. 889) that would prohibit the Secretary of Defense from
entering into a contract for the procurement of seafood that
originates or is processed in the People’s Republic of China for
use in military dining facilities.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that there is a reporting requirement elsewhere in
the Act that covers this topic.
Extension of post-government restrictions on senior Department
of Defense officials seeking employment with defense contractors
The Senate committee-reported bill contained a provision
(sec. 890) that would amend section 847(a)(1) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) to increase the length of time from two to four years that
certain former employees must obtain a written opinion on postGovernment employment restrictions before accepting employment
with a Department of Defense contractor.
The House bill contained no similar provision.
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The agreement does not include the Senate provision.
We note that the the Department of Defense Inspector
General has reviewed the Departments compliance with section 847
four times since 2010 and found that the Department’s processes,
timeliness, and substance of opinions fully comply with the
requirements of this statute.
Amendments to contracting authority for certain small business
concerns
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5861) that
would amend the contracting authority for certain small business
concerns.
The House bill contained no similar provision.
The agreement does not include Senate provision.
Repeal of bonafide office rule for 8(a) contracts with the
Department of Defense
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5864) that
would repeal the bonafide office rule for 8(a) contracts with
the Department of Defense.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Report on ability of Department of Defense to identify
prohibited seafood imports in supply chain for food procurement
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5871) that
would require the Inspector General of the Department of Defense
to provide a report assessing whether the Department has
policies and procedures in place to verify that the food the
Department procures does not include seafood originating in the
People’s Republic of China.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Inspector General of the Department of
Defense, not later than 180 days after the date of the enactment
of this Act, to submit to the congressional defense committees a
report assessing whether the Department has policies and
procedures in place to verify that the food the Department
procures does not include seafood originating in the People’s
Republic of China the importation of which is prohibited under
section 307 of the Tariff Act of 1930 (Public Law 71–361).
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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION
AND MANAGEMENT
SUBTITLE A—OFFICE OF THE SECRETARY OF
DEFENSE AND RELATED MATTERS
Sec. 901 – Requirement to notify Congress when Deputy Secretary
of Defense is performing functions and duties of Secretary of
Defense
The Senate committee-reported bill contained a provision
(sec. 901) that would amend 132(b) of title 10, United States
Code, to require the Deputy Secretary of Defense to notify
specified congressional committees, not later than 24 hours
before certain planned transfers of functions and duties or 24
hours after any unplanned transfer of such functions and duties,
when the Secretary dies, resigns, or is otherwise unable to
perform the functions and duties of the Office of the Secretary
of Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 902 – Establishment of Department of Defense performance
improvement officer
The Senate committee-reported bill contained a provision
(sec. 909) that would reestablish the Chief Management Officer
of the Department of Defense and elevate the Director of
Administration and Management to such position.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would codify the position of the Performance
Improvement Officer to support the Secretary and Deputy
Secretary of Defense for management-related activities within
the Department of Defense, including issuing guidance chartering
that position and designating that position as a co-chair for
the Defense Business Council under section 2222 of title 10,
United States Code.
We direct the Secretary of Defense to submit a report to
the congressional defense committees, not later than September
1, 2025, containing a study identifying the appropriate staffing
requirements in support of the role of the Performance
Improvement Officer in overseeing the Defense Management
Institute under section 133 of title 10, United States Code.
228
Sec. 903 – Enhanced coordination on international cooperation
activities
The Senate committee-reported bill contained a provision
(sec. 904) that would require the Under Secretary of Defense for
Policy to include the Deputy Assistant Secretary of Defense for
International and Industry Engagement in the planning for, or
attendance at, any meetings with foreign partners or allies
related to foreign military sales or certain other international
armament cooperation activities; and require a study by a
nonprofit organization on the sufficiency of organization,
resourcing, manning and training within the Department of
Defense to support increased demand for security cooperation
activities.
The House bill contained no similar provision.
The agreement includes the Senate committee-reported
provision with an amendment that would modify the
responsibilities of the Under Secretary of Defense for
Acquisition and Sustainment in section 133b of title 10, United
States Code to specify the responsibilities of that office for
international armaments cooperation activities, as well as
establish not less than two cross functional teams to help
improve coordination across elements within the Department of
Defense.
We direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the House of
Representatives and the Senate, not later than May 15, 2025, on
the interim plans for establishment and execution of the crossfunctional teams for international cooperation as required by
subsection (b) of the provision, including the proposed
geographic and functional areas and proposed composition.
Sec. 904 – Increase in authorized number of Deputy Assistant
Secretaries of Defense
The Senate committee-reported bill contained a provision
(sec. 902) that would amend section 138(e) of title 10, United
States Code, to increase the authorized number of Deputy
Assistant Secretaries of Defense from 60 to 62.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We recommend that the Department of Defense use these two
positions to further strengthen the capabilities of the office
of the Assistant Secretary of Defense for Industrial Base Policy
(ASD(IBP)). The office of the ASD(IBP) has assumed increased
229
responsibility, and the demands placed on the office warrant
commensurate growth in leadership positions. For example, we
note the interagency’s increased reliance on the office of the
ASD(IBP) to provide economic analysis and merger and acquisition
reviews has not been met with a comparable increase in manning
resources for government positions to maintain adequate control
over increasing contractor positions.
Sec. 905 – Modifications to the Office of Strategic Capital
The Senate committee-reported bill contained a provision
(sec. 913) that would make permanent the authority for the
Office of Strategic Capital to provide capital assistance, as
well as make technical changes that eliminate the non-federal
funding requirement and the list of specific technologies to
focus investment.
The House bill contained no similar provision.
The agreement includes the Senate committee-reported
provision with an amendment that would adjust the sunset
deadline only for the capital assistance authorities, as well as
make some minor technical and confirming edits.
Sec. 906 – Limitation on availability of funds until Department
of Defense complies with certain legal requirements
The Senate committee-reported bill contained a provision
(sec. 924) that would limit funds authorized to be obligated or
expended by the Office of the Assistant Secretary of Defense for
Legislative Affairs until the Deputy Secretary of Defense
certifies that the Department of Defense has implemented Section
805 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) and Section 1046 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117–263).
The House bill contained no similar provision.
The agreement includes the Senate committee-reported
provision with a clarifying amendment.
Sec. 907 – Matters relating to Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict
The Senate committee-reported bill contained a provision
(sec. 903) that would require the Secretary of Defense to
institutionalize the “service secretary-like” role of the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict by updating Department of Defense policies
230
and processes, and developing a long-term staffing plan for the
Secretariat for Special Operations.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 908 – Inclusion in defense planning guidance of guidance on
size, structure, and posture of special operations forces
The Senate committee-reported bill contained a provision
(sec. 906) that would require the Secretary of Defense to
include guidance with respect to the size, structure, posture,
and other force development planning priorities specific to
special operations forces in the annual Defense Planning
Guidance issued by the Secretary.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 909 – Review of roles and responsibilities of the Chief
Talent Management Officer and the Office of the Undersecretary
of Defense for Personnel and Readiness
The House bill contained a provision (sec. 901) that would
create the Chief Talent Management Officer who will serve as the
principal staff assistant to the Secretary of Defense and Deputy
Secretary of Defense on matters relating to total force talent
management within the Department of Defense, concerning both
military and civilian personnel.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to enter
into an agreement with a qualified organization to review the
roles and responsibilities of the Chief Talent Management
Officer and the Office of the Under Secretary of Defense for
Personnel and Readiness and to report to the Committees on Armed
Services of the Senate and the House of Representatives on the
results of this review by no later than January 1, 2026.
Sec. 910 – Plan for adequate staffing of Office of Assistant
Secretary of Defense for Industrial Base Policy and Joint
Production Accelerator Cell
The Senate committee-reported bill contained a provision
(sec. 908) that would require the Secretary of Defense to submit
to the congressional defense committees a plan for adequate
231
staffing for the Office of the Assistant Secretary of Defense
for Industrial Base Policy and the Joint Production Accelerator
Cell.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
SUBTITLE B—OTHER DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT MATTERS
Sec. 921 – Department of Defense Senior Intelligence Oversight
Official
The House bill contained a provision (sec. 930) that would
require the Secretary of Defense, or a designee of the Secretary
determined by regulations prescribed by the Secretary, to
designate a civilian employee of the Department of Defense in
the Senior Executive Service to serve as the Senior Intelligence
Oversight Official.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 922 – Codification of the Joint Federated Assurance Center
The Senate committee-reported bill contained a provision
(sec. 912) that would amend subchapter III of chapter 303 of
title 10, United States Code, to make permanent the authority
for the Joint Federated Assurance Center originally established
in section 937 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66).
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 923 – Codification of additional staff corps of the Navy
The House bill contained a provision (sec. 926) that would
amend section 8090 of title 10, United States Code, by adding
the Supply Corps, Civil Engineer Corps, Nurse Corps, and the
Medical Service Corps to the statutory staff corps of the Navy.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
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Sec. 924 – Establishment of Office of Expanded Competition
The Senate committee-reported bill contained a provision
(sec. 911) that would amend chapter 903 of title 10, United
States Code, to establish an Office of Expanded Competition
within the Office of the Secretary of the Air Force.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 925 – Counter unmanned aerial systems task force
The House bill contained a provision (sec. 902) that would
require the Secretary of Defense to designate an executive agent
responsible for providing oversight of the efforts of the
Department of Defense to counter small, unmanned aircraft and
systems and associated training and technology programs.
The Senate committee-reported bill contained a similar
provision (sec. 916).
The agreement includes the Senate provision, amended to
require the Secretary to submit a training report.
Sec. 926 – Affiliate relationships between Army Special
Operations forces and combat-enabling units of general purpose
forces
The House bill contained a provision (sec. 1044) that
would prohibit the Department of Defense from reducing U.S.
Special Operations Forces end strength for 2 years beginning
January 1, 2025.
The Senate committee-reported bill contained a similar
provision (sec. 919).
The agreement includes the House provision with an
amendment that would require the Secretary of the Army and the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict to jointly submit to the congressional
defense committees a report assessing the feasibility and
advisability of establishing formal affiliate relationships
between units of the Army special operations forces and combatenabling units of the Army general purpose forces for the
purpose of enhancing military readiness and effectiveness. The
provision would also prohibit the obligation or expenditure of
funds in fiscal year 2025 to complete force structure reductions
to Army special operations forces announced by the Army on
February 27, 2024, as part of the Total Army Analysis process
until the required report is provided to the congressional
defense committees.
233
Sec. 927 – Force sizing methodology
The Senate committee-reported bill contained a provision
(sec. 905) that would require the Secretary of Defense to
develop a methodology for analyzing U.S. military force sizing
necessary to conduct activities of the Department of Defense in
support of strategic competition.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Elimination of the Chief Diversity Officer of the Department of
Defense
The House bill contained a provision (sec. 903) that would
repeal section 147 of title 10, United States Code, with the
result of disestablishing the Chief Diversity Officer of the
Department of Defense, and would prohibit the establishment of
like offices in the future.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Designation of senior officials responsible for contested
logistics posture management
The House bill contained a provision (sec. 921) that would
designate the Undersecretary for Acquisition and Sustainment as
the senior defense official responsible for managing contested
logistics posture management and mandate the military
departments designate a senior civilian official to manage the
same responsibilities for their respective services.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Eligibility of Chief of the National Guard Bureau for
appointment as Chairman of the Joint Chiefs of Staff
The House bill contained a provision (sec. 922) that would
amend section 152(b) of title 10, United States Code, to make
the Chief of the National Guard Bureau eligible for appointment
as the Chairman of the Joint Chiefs of Staff.
The Senate committee-reported bill contained no similar
provision.
234
The agreement does not include the House provision.
Army Electronic Warfare Center of Excellence
The House bill contained a provision (sec. 925) that would
direct the Secretary of the Army to establish and operate an
Electronic Warfare Center of Excellence within the Army Training
and Doctrine Command.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Membership of Commandant of the Coast Guard on the Joint Chiefs
of Staff
The House bill contained a provision (sec. 929) that would
amend section 151 of title 10, United States Code, to include
the Commandant of the Coast Guard as a member of the Joint
Chiefs of Staff (JCS).
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize the importance of close coordination among
the senior leadership of the Armed Forces. We understand that
many of the issues addressed by the JCS pertain to significant
Department of Defense equities that do not involve the Coast
Guard. However, on those issues with Coast Guard equities, the
Commandant or the Vice Commandant of the Coast Guard is present
and participates in those discussions and decisions.
Inclusion of Mexico in the area of responsibility of the United
States Southern Command
The House bill contained a provision (sec. 928) that would
require the Secretary of Defense to transfer Mexico to U.S.
Southern Command’s area of responsibility.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Feasibility report on establishment of a Defense Industrial
Revitalization Board
The House bill contained a provision (sec. 927) that would
require a report on the feasibility and advisability of
establishing an advisory board within the Department to
regularly assess the state of the Department’s defense
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industrial base efforts and to help coordinate efforts to
address industrial base challenges.
The Senate committee-reported bill contained a similar
provision (sec. 850).
The agreement does not include either provision.
We direct the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report, not later than 180 days after the date
of the enactment of this Act, on the feasibility and
advisability of establishing a Defense Industrial Revitalization
Board which would be responsible for ensuring the defense
industrial base is prepared to meet Department of Defense
wartime production. The purpose of this board would be to:
(1) Assess the health of the defense industrial
base;
(2) Identify critical shortages and impediments to
production of critical munitions and other war materials;
(3) Identify required production rates for critical
munitions;
(4) Oversee and deconflict Department and service
efforts to improve defense industrial capacity;
(5) Develop a comprehensive plan that details
immediate steps that can be taken to increase the capacity of
the defense industrial base;
(6) Utilize existing supply chain mapping efforts to
identify single points of failure that impact munitions and
critical weapons platforms and identify funding mechanisms to
create second sources or other resilience measures, with a focus
on those munitions necessary for a potential war in the Pacific;
and
(7) Utilize existing supply chain mapping efforts to
identify reliance on foreign adversaries within critical
munitions supply chains and recommend amelioration efforts.
Such a board should be composed of the following, but not
limited to:
(1) Relevant Department of Defense acquisition,
research and engineering, and comptroller personnel;
(2) Service acquisition executives and program
managers;
(3) Defense industry representatives;
(4) Relevant think tank experts;
(5) Representatives from the Under Secretary of
Defense for Acquisition and Sustainment;
(6) Representatives from the Under Secretary of
Defense for Research and Engineering; and
(7) Representatives from the Defense Innovation
Unit.
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Establishment of the Drone Corps as a basic branch of the Army
The House bill contained a provision (sec. 924) that would
establish a Drone Corps as a basic branch of the Army.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Designation of Deputy Under Secretary of the Army as principal
official responsible for explosive ordnance disposal
The House bill contained a provision (sec. 923) that would
designate the Deputy Under Secretary of the Army as the
Principal Official in the Army Secretariat accountable for the
Army’s explosive ordnance disposal enterprise.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We acknowledge the ongoing interest in the structure and
authorities related to the explosive ordnance disposal
enterprise and welcome continued dialogue on these matters.
Addition of Performance Improvement Officer as co-chair of
Defense Business Council
The Senate committee-reported bill contained a provision
(sec. 914) that would amend section 2222(f) of title 10, United
States Code, to include the Department of Defense Performance
Improvement Officer as a co-chair of the Defense Business
Council.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Plan for permanent establishment of Special Reconnaissance and
Enabling Command
The Senate committee-reported bill contained a provision
(sec. 918) that would require the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict and the
Commander, U.S. Special Operations Command, to submit to the
congressional defense committees a plan for permanently
establishing the Special Reconnaissance and Enabling Command
(SREC).
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict and the Commander, U.S.
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Special Operations Command, not later than 90 days after the
date of enactment of this Act, to submit to the congressional
defense committees a plan for establishing and maintaining the
SREC. The plan required by subsection shall, at a minimum,
include the following:
(1) An articulation of the mission and tasks
assigned to the SREC;
(2) An explanation of how the SREC fits
organizationally within the U.S. Special Operations Command;
(3) An identification of the personnel, resources,
and authorities, including any gaps, necessary to support the
SREC; and
(4) Any other matters the Assistant Secretary and
the Commander consider appropriate.
Feasibility study on expanding the services provided by the Air
Force Office of Commercial and Economic Analysis
The Senate committee-reported bill contained a provision
(sec. 920) that would require the Secretary of Defense to
complete a study on the feasibility and advisability of
expanding the services of the Office of Commercial and Economic
Analysis (OCEA), including an estimate of the costs of such
expansion.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note the cost-effective success of the OCEA office in
providing crucial business intelligence to various actors within
the U.S. Government to help inform thinking about the broader
economic implications of certain acquisition decisions. We note
that historically such decisions have focused primarily on the
national security impacts, but with less emphasis or in-depth
understanding of the larger economic consequences that should
inform those national security decisions. We applaud the Air
Force for fostering the creation of a critical mass of such
economic, financial and industrial policy expertise to help
improve decision-making in the Department.
Therefore, we direct the Secretary of Defense to conduct a
study on the feasibility of expanding the scale and type of
services offered by OCEA, including a cost estimate for such
expansion, and submit a report to the congressional defense
committees not later than June 1, 2025.
We direct the Secretary to include in this report the
possibility of expanding OCEA to provide additional commercial
and economic analysis more broadly to other Department of
Defense (DOD) components, including trend analysis. This report
should also examine the feasibility of OCEA servicing as a data
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hub for providing additional business intelligence data
historically purchased by components of the Department from
commercial sources, including firmographic and ownership
information of commercial actors, documentation submitted by
importers and exporters, ownership information pertaining to
intellectual property rights, and information relating to
mergers and acquisitions.
We also note the creation of a National Defense Economic
Competition Research Council elsewhere in this bill, of which
OCEA will be a member. The study should address OCEA’s ability
to contribute to the research tasks identified in that
provision.
Senior Integration Group for Indo-Pacific Region
The Senate committee-reported bill contained a provision
(sec. 918) that would require the Secretary of Defense to
establish a Senior Integration Group for the Indo-Pacific
Region.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We strongly support the Department’s use of Senior
Integration Groups or similar cross-functional teams to
integrate activities below the levels of the Secretary and
Deputy Secretary of Defense. We encourage the Department to
consider establishing such a forum to address the multifaceted
aspects of national defense challenges in the Indo-Pacific
region in coordination with U.S. allies and partners.
Defense Advisory Committee on Diversity and Inclusion Renewal
The Senate committee-reported bill contained a provision
(sec. 923) that would limit the authority of the Secretary of
Defense to renew the Defense Advisory Committee on Diversity and
Inclusion until 120 days after submitting a report to the
Committees on Armed Services of the Senate and the House of
Representatives detailing a justification for such renewal.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
TITLE X—GENERAL PROVISIONS
SUBTITLE A—FINANCIAL MATTERS
Sec. 1001 – General transfer authority
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The House bill contained a provision (sec. 1001) that
would allow the Secretary of Defense, with certain limitations,
to make transfers between amounts authorized for fiscal year
2025 in division A of this Act. This provision would also limit
the total amount transferred under this authority to $6.0
billion.
The Senate committee-reported bill contained an identical
provision (sec. 1001).
The agreement includes this provision.
Sec. 1002 – Repeal of audit incentive element in report
requirement of Financial Improvement and Audit Remediation Plan
The Senate committee-reported bill contained a provision
(sec. 1003) that would amend section 240b of title 10, United
States Code, to exclude audit incentives from the reporting
requirement in the Financial Improvement and Audit Remediation
Plan.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1003 – Authority to use Defense Modernization Account funds
for time-sensitive equipment modernization
The Senate committee-reported bill contained a provision
(sec. 1005) that would amend section 3136(d) of title 10, United
States Code, to expand authorized uses of the Defense
Modernization Account to the procurement and integration of
commercial technologies and services for satisfaction of certain
requirements and provision of infrastructure projects that
accelerate the fielding and adoption of new capabilities.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1004 – Extension of audit requirement for Department of
Defense components
The House bill contained a provision (sec. 1005) that
would reduce the discretionary budget authority available for
the Department of Defense, the military department, or the
Defense Agency if the respective entity has not submitted a
financial statement for the previous fiscal year, or if such
financial statement has not received either an unqualified or a
qualified audit opinion by an independent external auditor.
The Senate committee-reported bill contained no similar
provision.
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The agreement includes the House provision with an
amendment that extends by one year the existing requirement in
section 1004(a) of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118–31) that each component of the
Department of Defense shall be subject to an independent audit
and if any such component fails to be subject to such an audit
during any fiscal year through 2034, it shall have 1.5 percent
of unobligated amounts available for the component cancelled and
returned to the general fund of the Treasury for deficit
reduction.
Sec. 1005 – Revision of Department of Defense financial
management regulation
The House bill contained a provision (sec. 1002) that
would require the Under Secretary of Defense (Comptroller) to
revise the Department of Defense Financial Management Regulation
to ensure that the regulation is consistent and clear
throughout, includes updated guidance with respect to
legislative and regulatory requirements, and does not include
guidance subject to change annually in an annual appropriations
act.
The Senate committee-reported bill contained a similar
provision (sec. 1002).
The agreement includes the House provision with a
technical amendment.
Sec. 1006 – Establishment of cross-functional team to oversee
implementation of recommendations of Commission on Planning,
Programming, Budgeting, and Execution Reform
The House bill contained a provision (sec. 1003) that
would require the Secretary of Defense to establish a crossfunctional team for the implementation of the recommendations of
the Commission on Planning, Programming, Budgeting, and
Execution Reform.
The Senate committee-reported bill contained a similar
provision (sec. 915).
The agreement includes the Senate provision with a
technical amendment.
We encourage the Secretary of Defense to coordinate with
the following officials when establishing the cross-functional
team: (1) The Deputy Secretary of Defense; (2) The Under
Secretary of Defense (Comptroller); (3) The Under Secretary of
Defense for Policy; (4) The Under Secretary of Defense for
Research and Engineering; (5) The Under Secretary of Defense for
Acquisition and Sustainment; (6) The Director of Cost Assessment
241
and Program Evaluation; (7) The Director of Administration and
Management; (8) The Chief Information Officer; (9) The Chief
Digital and Artificial Intelligence Officer; (10) The
Secretaries of the military departments; (11) The comptrollers
of the military departments; and (12) The Chairman of the Joint
Chiefs of Staff.
We direct the Under Secretary of Defense (Comptroller) to
include the following elements in the reports and briefings
required by this provision: (1) An assessment of the status of
the implementation of the recommendations of the Commission on
Planning, Programming, Budgeting, and Execution Reform; (2) An
identification of the official or officials responsible for the
implementation of each such recommendation; (3) A description of
the timeline and actions for implementation; (4) The rationale
and justification for any decision not to implement such a
recommendation; (5) Recommendations for actions to reform and
modernize the planning, programming, budgeting, and execution
process in addition to the recommendations of the Commission;
(6) Performance metrics for measuring the effectiveness of
recommendations that have been implemented; (7) A comprehensive
budget justification display reflecting the resources required
to implement the recommendations, resources requested in the
Department of Defense budget, and resources needed in subsequent
fiscal years; and (8) An assessment of legislative, regulatory,
and administrative barriers to implementation of the
recommendations and the need for changes to legislative
authorities required for implementation of the recommendations.
We also encourage the Department to use one of the general
and flag officer billets authorized elsewhere in this Act if a
senior military officer is chosen to serve as director of the
cross-functional team.
Sec. 1007 – Use of technology using artificial intelligence to
facilitate audit of the financial statements of the Department
of Defense for fiscal year 2025
The House bill contained a provision (sec. 1006A) that
would require the Secretary of Defense and the Secretaries of
the military departments to encourage, to the greatest extent
practicable, the use of artificial intelligence (AI) or machine
learning (ML) for audits of Department of Defense financial
statements.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
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We direct the Secretary of Defense to provide a briefing,
not later than 180 days after the date of the enactment of this
Act, to the Committees on Armed Services of the Senate and the
House of Representatives that includes a description of the use
of AI or ML technologies for audits of Department of Defense
financial statements— including an update on the implementation
of the strategy titled “2023 Data, Analytics, and Artificial
Intelligence Adoption Strategy” (dated June 27, 2023).
SUBTITLE B—COUNTERDRUG ACTIVITIES
Sec. 1011 – Support for counterdrug activities affecting flow of
drugs into United States
The House bill contained a provision (sec. 1008) that
would require the Secretary of Defense to prescribe guidance to
prioritize counterdrug activities affecting drug flows into the
United States.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1012 – Authority for detection and monitoring of illegal
drugs regardless of destination
The House bill contained provisions (sec. 1007 and 1010)
that would modify Department of Defense support for counterdrug
and counter transnational organization activities.
The Senate committee-reported bill contained a similar
provision (sec. 351).
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1013 – Review, assessment, and analysis of governance
structure and strategy of Department of Defense counternarcotics and counter-transnational organized crime activities
The Senate committee-reported bill contained a provision
(sec. 1059) that would require the Secretary of Defense to enter
into an agreement with a federally funded research and
development center to conduct an independent review, assessment,
and analysis of the governance structure of the counternarcotics and counter-transnational organized crime activities
of the Department of Defense.
The House bill contained no similar provision.
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The agreement includes the Senate provision with an
amendment that would expand the independent review to include an
assessment of the strategy of the Department of Defense for
counter-narcotics and counter-transnational organized crime.
SUBTITLE C—NAVAL VESSELS AND SHIPYARDS
Sec. 1021 – Briefing required in the event of a proposed
reduction in battle force ships as part of the annual naval
vessel construction plan and certification
The House bill contained a provision (sec. 1011) that
would require the Navy to be consistent in the first 10-year
planning window of the annual 30-year Shipbuilding Report to
Congress.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require an assessment in the event of a
proposed reduction in battle force ships as part of the annual
naval vessel construction plan and certification.
Sec. 1022 – Modification of authority to purchase used vessels
under the National Defense Sealift Fund
The Senate committee-reported bill contained a provision
(sec. 128) that would amend section 2218 of title 10, United
States Code, to authorize the Navy to buy up to 13 used,
foreign-built vessels to modernize the Ready Reserve Force.
The House bill contained no similar provision.
The agreement includes the Senate provision, modified to
allow for the purchase of up to 10 foreign-built vessels.
Sec. 1023 – Modifications to ship repair authorities
The House bill contained a provision (sec. 1013) that
would require the Navy to solicit ship repair contracts on a
coast-wide basis to only those that are projected to last more
than 18 months.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision, amended to
require the Navy to solicit ship repair contracts on a coastwide basis to only those that are projected to last more than 12
months. We expect the Navy to produce a report after one year of
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implementation of this revised limit on the price differential
between the current 10-month limit and the new 12-month limit.
Sec. 1024 – Improving Navy assessments required prior to start
of construction on first ship of a shipbuilding program
The House bill contained provisions (sec. 1014 and sec.
1015) that would require: (1) Congressional certification prior
to the start of construction on the first ship of a shipbuilding
program; and (2) The Navy to improve analysis and assessment of
decisions made prior to the start of construction on first ships
of a Navy shipbuilding program.
The Senate committee-reported bill contained a similar
provision (sec. 1021).
The agreement includes the Senate provision with an
amendment that would require a certification to Congress prior
to start of construction on first ship of a shipbuilding
program.
Sec. 1025 – Prohibition on contracting with shipyards controlled
by a foreign adversary country
The House bill contained a provision (sec. 809) that would
prohibit the Secretary of Defense from entering into any
contract or other agreement with a shipyard controlled by a
foreign adversary.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
Sec. 1026 – Exception to prohibition of overhaul, repair, or
maintenance of certain vessels in shipyards outside the United
States or Guam
The House bill contained a provision (sec. 1016) that
would amend section Section 8680 of title 10, United States
Code, to allow the Navy to perform preventative maintenance that
is required while a ship is on deployment and is limited to 21
days or less to conduct that maintenance in a shipyard outside
the United States.
The Senate committee-reported bill contained a similar
provision (sec. 323) that would require the Secretary of the
Navy to conduct a pilot program, not later than 180 days after
the date of the enactment of this Act, to perform maintenance
and repair on forward-deployed naval force ships in foreign
shipyards during scheduled maintenance and repair periods. The
245
provision would: (1) Terminate the pilot program after 3 years;
(2) Require the Secretary of the Navy to produce an annual
report during the pilot program; and (3) Require the Secretary
to provide that report to the Committees on Armed Services of
the Senate and the House of Representatives.
The agreement includes the House provision with an
amendment that would allow the Navy to perform corrective and
preventative maintenance maintenance on a Navy ship overseas for
a period of up to 21 days, provided that the cumulative
maintenance performed on ships from a particular homeport does
not exceed 2% of the average workload over the previous three
years for the same homeport.
We recommend that the Navy use any such short maintenance
periods, as the situation allows, to conduct necessary shipchecks to support post-deployment, U.S.- based maintenance
availabilities. Proper use of these windows in foreign shipyards
should allow the Navy to complete all necessary maintenance
planning 360-days prior to a U.S.-based maintenance
availability.
Sec. 1027 – Strategy on development of naval rearm at sea
capability
The House bill contained a provision (sec. 1017) that
would require the Secretary of the Navy to submit to the
congressional defense committees a strategy for delivering a
particular rearm at sea capability to the surface fleet of the
United States Navy.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision, modified to
focus on the capability to rearm at sea, rather than a
particular solution to achieve that capability.
Sec. 1028 – Authority to use incremental funding to enter into a
contract for the construction of a Virginia-class submarine
program
The House bill contained a provision (sec. 1018) that
would provide incremental funding authority for an additional
Virginia-class submarine in fiscal year 2025.
The Senate committee-reported bill contained a similar
provision (sec. 129) that would also increase funding for the
Virginia-class submarine program with offsets from elsewhere in
the Navy budget.
The agreement includes the House provision with various
technical amendments and an amendment to stipulate that funds
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available from a change to the contracting approach may only be
used to provide for an increase in wages for the shipbuilder
workforce or an increase in non-executive level salaries.
We are concerned with the lack of transparency that has
occurred between the Navy and Congress over the last 18 months.
The Navy negotiated a funding strategy with industry that would
have addressed cost growth, future cost to complete, workforce
wage increases and infrastructure investments at both shipyards.
The Navy did this in isolation and failed to not only inform
Congress but also the Office of Management and Budget.
As a result of the lack of communication, the Office of
Management and Budget has not moved the strategy forward and
Congress has been denied the opportunity to review the
strategy’s documentation and details. To remedy the
deficiencies, the Office of Management and Budget asked Congress
for significant emergency appropriations in fiscal year 2025 to
support a plan that will require an undisclosed amount of
additional appropriations above the future years’ estimates in
the President’s Budget for fiscal year 2025. At no point during
the normal budgeting and legislative process did the Navy inform
Congress that there was large cost growth on the fiscal year
2024 submarines and the one fiscal year 2025 submarine being
requested. Unfortunately, the lack of communication regarding
program challenges and potential solutions has left Congress
with few options to address this situation and likely none that
will rectify it going forward.
We recognize that Congress has responsibility for
oversight of the executive branch including access to
information on how final decisions were reached, particularly
for decisions of strategic importance where the dollar value of
such a decision far surpasses the major defense acquisition
program threshold. Denial of requests for information and veiled
threats of reprisals against briefers to Congress who may
provide requested information creates a dangerous precedent that
is out of line the checks and balances inherent to the branches
of government of the United States.
Sec. 1029 – Authority to use incremental funding to enter into a
contract for the construction of an Arleigh Burke-class
destroyer
We recommend a provision that would authorize the
Secretary of the Navy to enter into an incrementally funded
contract for the construction of an Arleigh Burke class
destroyer.
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Sec. 1030 – Pilot program on use of automated inspection
technologies at shipyards
The House bill contained a provision (sec. 1019) that
would authorize a pilot program to procure automated inspection
technologies for maintenance inspections of naval vessels and
upgrade information technology infrastructure to support
integrating these technologies.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1031 – Requirements for the unmanned maritime autonomy
architecture
The Senate committee-reported bill contained a provision
(sec. 1022) that would require the Secretary of the Navy to
provide a forum on unmanned maritime autonomy architecture to
facilitate industry participation in the creation and management
of modular open systems architecture and associated standards
for maritime unmanned systems.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1032 – Competitive demonstration of large and extra large
unmanned underwater vehicles
The Senate committee-reported bill contained a provision
(sec. 1023) that would require the Secretary of the Navy to
conduct a competitive demonstration of extra large unmanned
underwater vehicles— including non-developmental items from
commercial or foreign partner sources.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would include in the demonstration large unmanned
underwater vehicles in addition to extra large unmanned
underwater vehicles.
Sec. 1033 – Requirement for mature ship design
The Senate committee-reported bill contained a provision
(sec. 1026) that would:
(1) Amend section 231 of title 10, United States
Code, to require senior technical authority determination of
commercial or nongovernmental standard approval, or contract
solicitation allowance, prior to incorporation of such
assumptions into shipbuilding cost estimates;
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(2) Require the Secretary of the Navy to adopt
certain recommendations of the Government Accountability Office;
(3) Amend section 8669a of title 10, United States
Code, to require source selection for new classes of vessels to
emphasize the realism of the ability of offerors to deliver
program requirements on schedule;
(4) Amend section 8669b of title 10, United States
Code, to require collaboration between the Naval Systems
Engineering and Logistics Directorates of Naval Sea Systems
Command and the Deputy Chief of Naval Operations for Warfare
Systems with respect to use of funds from the start of the
requirements process; and
(5) Amend section 231(b) of title 10, United States
Code, to require an explanation of reductions to the procurement
of a class of vessels in the future years defense program from
year-to-year.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of the Navy to
implement recommendations 1, 3, 4, and 6 in the report of the
Government Accountability Office titled, ‘‘Navy Shipbuilding:
Increased Use of Leading Design Practices Could Improve
Timeliness of Deliveries’’, and dated May 2, 2024 (GAO–24–
105503).
In addition, we direct the Assistant Secretary of the Navy
for Research, Development, and Acquisition, in coordination with
the Commander, Naval Sea Systems Command (NAVSEA), to provide a
report, not later than one year after the date of the enactment
of this Act, to the Committees on Armed Services of the Senate
and the House of Representatives that details the following:
(1) All references to external specifications
regardless of source— including military specifications, NAVSEA
instructions, American Bureau of Shipbuilding and other
standards— that were included on the Constellation-class frigate
solicitation for detail design and construction;
(2) Which specifications in paragraph (1) allowed
for alternative specifications— including alternative
specifications conditional on NAVSEA approval;
(3) How many alternative specifications allowed in
paragraph (2) were recommended by the awarded contractor in
their proposed response to the solicitation for the
Constellation-class frigate detail design and construction
contract in comparison to how many alternative specifications
were ultimately approved by NAVSEA;
(4) An explanation for why such alternative
specifications in paragraph (3) were not approved by NAVSEA;
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(5) The status of all requests for equitable
adjustments that the Navy received on the Constellation-class
frigate;
(6) An unaltered statement from the awarded
contractor of the Constellation-class frigate of the findings
provided in paragraphs (1) though (5) above; and
(7) Proposed actions for how best value tradeoffs
will be improved in source selections for shipbuilding
contracts.
SUBTITLE D—COUNTERTERRORISM
Sec. 1041 – Extension of prohibition on use of funds for
transfer or release of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to the United States
The House bill contained a provision (sec. 1031) that
would prohibit the use of any funds authorized to be
appropriated or otherwise made available for the Department of
Defense during the period beginning on the date of the enactment
of this Act and ending on December 31, 2025, to transfer or
release detainees at U.S. Naval Station, Guantanamo Bay, Cuba,
to or within the United States, its territories, or possessions.
The Senate committee-reported bill contained a similar
provision (sec. 1031).
The agreement includes the Senate provision.
Sec. 1042 – Extension of prohibition on use of funds to
construct or modify facilities in the United States to house
detainees transferred from United States Naval Station,
Guantanamo Bay, Cuba
The House bill contained a provision (sec. 1032) that
would prohibit the use of any funds authorized to be
appropriated or otherwise made available for the Department of
Defense to be used during the period beginning on the date of
the enactment of this Act and ending on December 31, 2025, to
construct or modify any facility in the United States, its
territories, or possessions to house any detainee transferred
from U.S. Naval Station, Guantanamo Bay, Cuba, for the purposes
of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
The Senate committee-reported bill contained a similar
provision (sec. 1032).
The agreement includes the Senate provision.
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Sec. 1043 – Extension of prohibition on use of funds for
transfer or release of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to certain countries
The House bill contained a provision (sec. 1033) that
would prohibit the use of funds authorized to be appropriated or
otherwise made available for the Department of Defense during
the period beginning on the date of the enactment of this act
and ending on December 31, 2025, to transfer, release, or assist
in the transfer or release of any individual detained at U.S.
Naval Station, Guantanamo Bay, Cuba, to Libya, Somalia, Syria,
Yemen, and Afghanistan.
The Senate committee-reported bill contained a similar
provision (sec. 1033).
The agreement includes the Senate provision.
Sec. 1044 – Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba
The House bill contained a provision (sec. 1034) that
would prohibit the use of any funds authorized to be
appropriated or otherwise made available to the Department of
Defense for fiscal year 2025 for the closure or abandonment of
United States Naval Station, Guantanamo Bay, Cuba, the
relinquishment of control of Guantanamo Bay to the Republic of
Cuba, or the implementation of a material modification to the
Treaty Between the United States of America and Cuba signed in
the District of Columbia on May 29, 1934, that constructively
closes United States Naval Station, Guantanamo Bay.
The Senate committee-reported bill contained a similar
provision (sec. 1034).
The agreement includes the Senate provision.
SUBTITLE E—MISCELLANEOUS AUTHORITIES AND
LIMITATIONS
Sec. 1051 – Authority to contribute to innovation fund
The House bill contained a provision (sec. 1041) that
would amend subchapter II of chapter 138 of title 10, United
States Code, to authorize the Secretary of Defense to contribute
to the North Atlantic Treaty Organization Innovation Fund up to
$200,000,000 per year over a 10 year period.
The Senate committee-reported bill contained no similar
provision.
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The agreement includes the House provision with a
clarifying amendment that would limit such funding for a 5-year
period.
Sec. 1052 – Extension of authority for reimbursement of expenses
for certain Navy mess operations
The House bill contained a provision (sec. 1043) that
would extend the authority for reimbursement for certain Navy
mess operations until September 30, 2030.
The Senate committee-reported bill contained a similar
provision (sec. 333).
The agreement includes the House provision.
Sec. 1053 – Assessments of casualties and fatalities during
hostilities
The Senate committee-reported bill contained a provision
(sec. 1044) that would prohibit the Department of Defense from
citing casualty and fatality data from terrorist organizations
as authoritative in public assessments during hostilities.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1054 – Establishment of major mishap incident designation
classification for Department of Defense incidents
The Senate committee-reported bill contained a provision
(sec. 1045) that would establish a new mishap designation
classification for serious mishap incidents resulting in $500.0
million or more in damage, causing at least five fatalities, or
otherwise designated by the Secretary of the military department
concerned; and establish investigatory and accountability
standards for such mishaps.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would eliminate the requirement for mandatory
separation for misconduct contributing to the mishap, and
clarify the definition of major mishap to include elements of
complexity in the underlying incident.
Sec. 1055 – Prohibition on use of funds for EcoHealth Alliance
and the Wuhan Institute of Virology
The House bill contained a provision (sec. 1045) that
would prohibit funds authorized to be appropriated for fiscal
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year 2025 for work performed in the People’s Republic of China
by EcoHealth Alliance, Inc. or any of its affiliates.
The Senate committee-reported bill contained a similar
provision (sec. 1265).
The agreement includes the Senate provision with an
amendment that would prohibit Department of Defense funds for
fiscal year 2025 for any work performed by EcoHealth Alliance,
Inc., including by: any subsidiary of EcoHealth Alliance, Inc.;
any organization directly controlled by EcoHealth Alliance,
Inc.; any individual or organization subgrantee or subcontractor
of EcoHealth Alliance, Inc.; and prohibits funds for fiscal year
2025 for the Wuhan Institute of Virology for any purpose.
Sec. 1056 – Prohibition on Department of Defense transportation
of currency to Taliban or Islamic Emirate of Afghanistan
The House bill contained a provision (sec. 1046) that
would prohibit any funds authorized to be appropriated to the
Department of Defense being made available for the operation of
any Department of Defense aircraft to transport currency or
other items of value to the Taliban.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1057 – Prohibition on use of funds for Badr Organization
and related organizations
The House bill contained a provision (sec. 1049E) that
would prohibit the Department of Defense to make any amounts
appropriated available, directly or indirectly, to the Badr
Organization.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 1058 – Limitation on use of funds pending provision of
briefing on reliance of People’s Liberation Army on imported
fossil fuels for energy
The House bill contained a provision (sec. 1059) that
would require the Secretary of Defense to submit a report on the
feasibility of implementing naval blockades of shipments of
fossil fuels to China in the event of an armed conflict with the
United States.
253
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would limit the obligation or expenditure of more
than 85 percent of the funds available for the Office of the
Secretary of Defense for travel expenses until the Secretary
provides to the congressional defense committees the briefing
regarding the reliance of the People’s Liberation Army on
imported fossil fuels for energy, as directed by the joint
explanatory statement of the committee of conference
accompanying the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118–31).
Sec. 1059 – Prohibition on use of funds to support entertainment
projects with ties to the Government of the People’s Republic of
China
The House bill contained provisions (sec. 1317 and sec.
1709) that would prohibit the use of funds to support any
entertainment company or project owned or controlled by the
Chinese Communist Party, the People’s Republic of China, or the
People’s Liberation Army that has used, produced, or co-produced
content for propaganda purposes.
The Senate committee-reported bill contained a similar
provision (sec. 1043).
The agreement includes the Senate provision.
SUBTITLE F—STUDIES AND REPORTS
Sec. 1061 – Chief of Navy Reserve annual report
The House bill contained a provision (sec. 1052) that
would amend section 8083 of title 10, United States Code, to
require an annual report from the Chief of Navy Reserve.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1062 – Modification and extension of requirement for
combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance
The Senate committee-reported bill contained a provision
(sec. 1060) that would amend section 1061 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117-263) to include cancellation of an intelligence,
254
surveillance, and reconnaissance system as an event that would
trigger a combatant commander assessment; and to extend the
sunset date of the provision to December 31, 2032.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1063 – Extension of briefing requirement regarding civil
authorities at the Southwest border
The Senate committee-reported bill contained a provision
(sec. 1053) that would extend, through December 31, 2027, a
quarterly briefing requirement on Department of Defense support
to civil authorities at the southwest border.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would adjust the extension to December 31, 2025.
Sec. 1064 – Extension of annual report on civilian casualties in
connection with United States military operations
The House bill contained a provision (sec. 1053) that
would extend the annual report on civilian casualties by 5
years.
The Senate committee-reported bill contained a similar
provision (sec. 1054).
The agreement includes the Senate provision.
Sec. 1065 – Review of irregular warfare authorities
The Senate committee-reported bill contained a provision
(sec. 1052) that would require the Secretary of Defense to
review the authorities relevant to the conduct of Department of
Defense irregular warfare activities.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1066 – Reports on approval and deployment of lethal
autonomous weapon systems
The House bill contained a provision (sec. 1062) that
would require the President to submit an annual report related
to the approval and waiver processes for lethal autonomous
weapon systems under current Department of Defense policy.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
255
Sec. 1067 – Congressional notice regarding execute orders issued
at the direction of the president or the Secretary of Defense
The House bill contained a provision (sec. 1056) that
would require a review and report of certain Department of
Defense orders involving the use of lethal force.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to provide
the congressional defense committees with recurring briefings on
execute orders and to provide those committees with certain
notices and disclosures.
Sec. 1068 – Mobility capability requirements study
The House bill contained a provision (sec. 1054) that
would require the Commander, U.S. Transportation Command to
submit a report and provide a briefing to the House Committee on
Armed Services 1 year after enactment of this Act, with an
interim report and briefing 6 months after enactment of this
Act, to assess the operational risk for meeting the mobility
requirements of the geographic combatant commanders.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision, modified to
require only a briefing 6 months after enactment of this Act.
Sec. 1069 – Biodefense posture reviews
The House bill contained a provision (sec. 1051) that
would require the Secretary of Defense to conduct a
comprehensive examination of the biodefense policies, practices,
programs, and initiatives of the Department of Defense every 4
years.
The Senate committee-reported bill contained a similar
provision (sec. 907).
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to conduct
two reviews, not later than December 31, 2026 and December 31,
2029, and provide a briefing on each review.
Sec. 1070 – Briefings on attempts by aliens and foreign actors
to access military installations without authorization
256
The House bill contained a provision (sec. 1066) that
would require the Secretary of Defense, not later than 180 days
after the date of the enactment of this Act, and on an annual
basis thereafter, to submit to the congressional defense
committees a report that identifies, with respect to the oneyear period preceding the date of the report, the number of
instances in which an alien not lawfully present in the United
States (1) attempted to enter a military installation in the
United States; or (2) gained entry to such an installation.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would change the recurring annual report to an
annual briefing through 2027, limit the recipients of the
briefing to the Committees on Armed Services of the Senate and
the House of Representatives, and include information about the
identities of covered persons unlawfully attempting to gain
access to military installations.
Sec. 1071 – Report on resourcing of Arctic Strategy
The House bill contained provisions (sec. 1069A and sec.
1241) that would require the Secretary of Defense to provide a
report to the congressional defense committees and the
congressional research agencies on cost data for the Arctic
Strategy for each fiscal year 2026 through 2031 and require the
inclusion of Special Operations Forces in planning and strategy
relating to the Arctic region.
The Senate committee-reported bill contained a similar
provision (sec. 1063).
The agreement includes the Senate provision with an
amendment that would modify the cost data required and set the
reporting requirement through fiscal year 2028.
Sec. 1072 – Analyses and reports on air superiority of the Joint
Force
The Senate committee-reported bill contained a provision
(sec. 1056) that would require the Secretary of Defense to
conduct or sponsor an analysis of how the air superiority
mission will be secured for the Joint Force in the 2030s and
2040s.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would also require the Chairman of the Joint
Chiefs of Staff to provide a separate report on the requirements
for air superiority capacity.
257
Sec. 1073 – Exercise for countering unmanned aerial systems
The Senate committee-reported bill contained a provision
(sec. 1058) that would require the Secretary of Defense to plan
and execute a full-scale counter unmanned aerial system response
exercise in Department of Defense special use airspace by July
1, 2025.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would extend the deadline for conducting the
exercise until December 1, 2025, and extend the deadline for the
Secretary’s report until March 1, 2026.
Sec. 1074 – Report on operational plans of the Department of
Defense
The Senate committee-reported bill contained a provision
(sec. 1065) that would require the Secretary of Defense to
complete a review of the operational plans of the Department of
Defense and outline any shortfall in personnel, equipment,
munitions, infrastructure, or material required to execute such
operational plans.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the elements of the review and
require the Secretary of Defense to provide a report to the
congressional defense committees on the results of the
assessment.
Sec. 1075 – Quarterly reports on funerals at Arlington National
Cemetery on hold until caisson services resume
The Senate committee-reported bill contained a provision
(sec. 1073) that would amend section 7721 of title 10, United
States Code, that would require the Secretary of the Army to
submit a monthly report on the status of families that are
awaiting caisson support for funeral services at Arlington
National Cemetery.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would modify the reporting requirement to
quarterly frequency and further defines report termination
requirements.
Sec. 1076 – Plan for enhancement of special operations riverine
capability
258
The Senate committee-reported bill contained a provision
(sec. 1083) that would require the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict and
the Commander, U.S. Special Operations Command (SOCOM), to
provide a plan for the sustainment and enhancement of a special
operations riverine capability within SOCOM through fiscal year
2035.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
We believe that there is significant potential for
unmanned maritime capabilities to provide special operations
forces with asymmetric warfighting advantages and strongly
encourage SOCOM to continue research and development of such
capabilities to fulfill special operations-peculiar
requirements.
Sec. 1077 – Annual report on Postsecondary Education Complaint
System
The House bill contained a provision (sec. 1723) that
would require the Secretary of Defense to provide to Congress
and make publicly available on the Department of Defense’s
website an annual report on the Postsecondary Education
Complaint System.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with technical
amendments and an amendment that would limit the recipients of
the annual reports to the Committees on Armed Services of the
Senate and the House of Representatives.
Sec. 1078 – Study and report on Department of Defense use of
unmanned ground vehicle systems manufactured by certain foreign
entities
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6067) that
would require the Secretary of Defense to conduct a study on
Department of Defense use of covered unmanned ground vehicle
systems made by covered foreign entities.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would condition a prohibition on covered unmanned
ground vehicles on a recommendation from the Secretary of
Defense.
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SUBTITLE G—OTHER MATTERS
Sec. 1081 – Introduction of entities in transactions critical to
national security
The Senate committee-reported bill contained a provision
(sec. 1088) that would amend section 1047 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 (Public
Law 117-263) to authorize the Secretary of Defense to convene
private companies to discuss market trends and opportunities
abroad.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1082 – Installation energy plans and assessment for
reduction of reliance on Russian energy
The House bill contained a provision (sec. 1073) that
would amend section 1086 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) to
apply to all operating bases within U.S. European Command and
limit the obligation and expenditure of certain funds authorized
for travel expenses for the Office of the Secretary of Defense
until the Secretary provides the required report.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 1083 – Extension of the National Commission on the Future
of the Navy
The House bill contained a provision (sec. 1074) that
would extend the authorization for the National Commission on
the Future of the Navy from until July 1, 2025.
The Senate committee-reported bill contained a similar
provision (sec. 1024) that would extend the authorization for
the National Commission on the Future of the Navy until January
15, 2026.
The agreement includes the Senate provision.
Sec. 1084 – Modification of National Security Commission on
Emerging Biotechnology
The House bill contained a provision (sec. 1075) that
would amend section 1091 of the National Defense Authorization
260
Act for Fiscal Year 2022 (Public Law 117-81) to extend the
authority of the National Security Commission on Emerging
Biotechnology to appoint members, the due date for its final
report, and its termination date.
The Senate committee-reported bill contained a similar
provision (sec. 1082).
The agreement includes the House provision with a
clarifying amendment.
Sec. 1085 – Modification of defense sensitive support
notification requirement
The House bill contained a provision (sec. 1076) that
would amend section 1055(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328) to
modify the congressional notification requirement to a quarterly
summary of routine defense sensitive support provided to nonDepartment of Defense Federal departments or agencies and permit
time-sensitive and extraordinary security protections support
congressional notifications after conclusion of the supported
activity or simultaneously with the execution of the supported
activity.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would allow a quarterly summary of routine
defense sensitive support provided to non-Department of Defense
Federal departments or agencies in lieu of the existing
congressional notification requirement each time such support is
provided by the Department of Defense.
Sec. 1086 – Plan for additional skill identifiers for Army
Mountain Warfare School
The House bill contained a provision (sec. 1079) that
would require the Secretary of the Army to establish certain
additional skill identifiers for Army Mountain Warfare School
courses.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would limit eligibility for certain skill
identifiers to enlisted members, warrant officers, and
commissioned officers, respectively.
Sec. 1087 – Establishment of Department of Defense Working Group
on Multilateral Artificial Intelligence Coordination
261
The House bill contained a provision (sec. 1090) that
would require the Secretary of Defense to establish a working
group, to be known as the ‘‘Multilateral Artificial Intelligence
Working Group,” to develop and coordinate an artificial
intelligence initiative among the allies and partners of the
United States.
The Senate committee-reported bill contained a similar
provision (sec. 1283).
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1088 – Resumption of caisson services at funeral services
at Arlington National Cemetery
The Senate committee-reported bill contained a provision
(sec. 1072) that would require the Secretary of the Army to
start conducting funerals with caisson services at Arlington
National Cemetery or enter into a contract to provide such
services.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would condition resumption of such caisson
services.
Sec. 1089 – Liaison with Counter Unmanned Aerial Systems Task
Force
The Senate committee-reported bill contained a provision
(sec. 1087) that would require the Director of the All-Domain
Anomaly Resolution Office to designate a liaison to the Counter
Unmanned Aerial Systems Task Force to improve coordination in
areas of shared responsibility.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1090 – Responding to unmanned aircraft systems incursions
The Senate committee-reported bill contained a provision
(sec. 1057) that would require the Secretary of Defense to
develop— as part of the National Defense Strategy required under
section 113(g) of title 10, United States Code— a holistic
strategy for countering unmanned aircraft systems (UAS) and the
threats that such systems pose to facilities, personnel, and
assets of the Department of Defense in the United States and
overseas; and authorize the Secretary of Defense to provide
support to Federal, state, and local government agencies for
262
detection, identifying, and monitoring of UAS that cross the
northern and southern borders of the United States.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require a Department of Defense strategy
for countering unmanned aircraft systems (UAS) technology and
the threats such technology poses to facilities, personnel, and
assets of the Department of Defense in the United States. The
amendment also requires an assessment and report on the
Department of Defense’s existing counter-UAS enterprise, a
compilation of any recommended changes to the Department’s
counter-UAS enterprise, recommendations for requirements for the
Department of Defense to pre-coordinate planned actions in
response to anticipated types of UAS incursions with other
relevant Federal departments and agencies, and any other
information the Secretary deems relevant.
We agree that U.S. troops have the inherent right of selfdefense, including from UAS attacks, wherever they may be.
Sec. 1091 – Prioritization of accreditation of sensitive
compartmented information facilities supporting DX-rated
programs
The Senate committee-reported bill contained a provision
(sec. 1089) that would require the Secretary of Defense to
develop a framework for prioritized review, accreditation, and
reaccreditation of sensitive compartmented information
facilities and classified communications at certain facilities
supporting DX-rated programs.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1092 – Establishment of national security capital forum
The House bill contained a provision (sec. 1078) that
would require the Secretary of Defense to establish a forum to
facilitate information exchange related to transactions or
potential transactions of the Office of Strategic Capital.
The Senate committee-reported bill contained a similar
provision (sec. 1090).
The agreement includes the House provision with a
clarifying amendment.
Sec. 1093 – Implementation of Comptroller General
recommendations relating to the food program of the Department
of Defense
263
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5352) that
would require the Secretary of Defense to implement the
recommendations of the Comptroller General of the United States
contained in the report published by the Comptroller General in
June 2024 and titled ‘‘DOD Food Program: Additional Actions
Needed to Implement, Oversee, and Evaluate Nutrition Efforts for
Service Members’’ (GAO–24–106155) or if not, to provide a report
explaining why the Secretary has not implemented these
recommendations.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1094 – Pilot program to provide military aircraft support
to air shows
The Senate committee-reported bill contained a provision
(sec. 1092) that would require the Secretary of Defense, in
consultation with the Secretaries of the military departments,
to establish a pilot program to provide military aircraft and
aerial demonstration teams in support of air shows located in
rural or small market areas.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense to
establish a 1-year pilot program under which the Secretary shall
provide military aircraft and aerial demonstration teams in
support of air shows located in rural or small market areas.
LEGISLATIVE PROVISIONS NOT ADOPTED
Congressional notification of transfer of funds
The House bill contained a provision (sec. 1004) that
would require the Secretary of Defense to provide a notice of
transfer whenever the Secretary transfers amounts under the
authority of section 2214 of title 10, United States Code.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include House provision.
We note that the congressional defense committees receive
notifications and conduct robust oversight of transfers of
Department of Defense funding.
Oversight requirements for Financial Improvement and Audit
Remediation Plan
264
The House bill contained a provision (sec. 1006) that
would amend section 240b(b) of title 10, United States Code, to
require the Under Secretary of Defense (Comptroller) to provide
a briefing on the status of the corrective action plan.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that section 240 of title 10, United States Code,
contains robust recurring reporting requirements on the
financial audit.
Report on Department of Defense operational planning to defeat
Mexican drug cartels
The House bill contained a provision (sec. 1009) that
would require the Secretary of Defense to provide a report on
Department of Defense operational planning to defeat Mexican
drug cartels.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Department of Defense, in conjunction
with other U.S. departments and agencies, supports the
continuing national priority to identify, disrupt, and degrade
transnational criminal networks that pose threats to U.S.
national security, including Mexican transnational criminal
organizations (TCOs), which remain a major criminal threat to
the United States. We note that in addition to working with
other U.S. departments and agencies, the Department of Defense
conducts security cooperation activities with the Government of
Mexico to build the capacity of the Mexican armed forces to
counter TCOs.
We direct the Secretary of Defense to submit an
assessment, not later than April 1, 2025, to the Committees on
Armed Services of the Senate and the House of Representatives
regarding:
(1) Specific military assets, capabilities, and
competencies of the Mexican armed forces associated with and
relevant to efforts to counter TCOs operating in Mexico,
including any DoD assessments of recent Mexican military
operations against transnational criminal organizations;
(2) An identification of any gaps in the assets and
capabilities of the Mexican armed forces for which the
Department of Defense could focus future security cooperation
efforts;
(3) A review of the Department of Defense’s counternarcotics support to the Mexican armed forces, including an
265
assessment on the effectiveness of such support and a
description of potential areas of expansion in cooperation
between the Department of Defense and the Mexican armed forces;
and
(4) Any other matter the Secretary deems
appropriate.
The assessment should be submitted in unclassified form,
but may include a classified annex.
Sale or donation of excess Department of Defense personal
property for drug surveillance and interdiction
The House bill contained a provision (sec. 1010A) that
would amend section 2576a(d) of title 10, United States Code, to
require the Secretary of Defense preference transferred property
for counterdrug surveillance and interdiction by local, tribal,
and territorial law enforcement agencies within 100 miles of the
United States-Mexico border that have an annual budget of not
more than $200.0 million.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Minimum number of public naval shipyards
The House bill contained a provision (sec. 1012) that
would require the Secretary of the Navy to operate not fewer
than four public naval shipyards.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the four Navy public shipyards play a
critical role in support of our national defense by providing
crucial repair, maintenance, and modernization services for the
Department of the Navy. The four public shipyards ensure that
our naval fleet remains operational and capable of meeting
evolving threats, thereby sustaining the Navy’s readiness and
strategic capabilities. By employing skilled workers and
advanced technologies, the shipyards facilitate necessary
overhauls and upgrades, which are vital for maintaining the
effectiveness of both surface ships and submarines. The capacity
of the four public shipyards to rapidly respond to emerging
needs also improves the Navy’s ability to project power
globally, ensuring that our nation remains prepared to defend
its interests and allies.
266
Prohibition on availability of funds for retirement of guided
missile cruisers
The House bill contained a provision (sec. 1020) that
would prohibit the retirement of the guided missile cruisers USS
Shiloh (CG-67) and USS Lake Erie (CG-70).
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We believe that the Navy’s recent announcement of the
extension of service lives of three guided missile cruisers
means that the Navy should be able to maintain sufficient guided
missile cruiser capability without the need to extend the lives
of CG-67 and CG-70.
We direct the Secretary of the Navy to submit an
assessment, not later than June 1, 2025, of the advisability and
feasibility of using a decommissioned Navy guided missile
cruiser as a platform for an open architecture testbed for novel
digital technologies, software, and systems to enable continuous
testing, validation, and integration of emerging technologies
that will be made available to private industry, academic
institutions, and nonprofit organization to deliver capabilities
that are not funded by the federal government subject to
security and operational requirements.
Sense of Congress regarding naming warships after Navy Medal of
Honor recipients
The House bill contained a provision (sec. 1021) that
would provide a Sense of Congress that the Secretary of the Navy
should name warships after Navy recipients of the Medal of Honor
from World War I to the present.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Study related to recruitment and retention of apprentices at
public shipyards
The House bill contained a provision (sec. 1022) that
would require the Commander of United States Naval Sea Systems
Command to submit a study to Congress relating to the
recruitment and retention of apprentices at public shipyards.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
267
We direct the Secretary of the Navy to assess the adequacy
of recruitment and retention of apprentices across the four
public shipyards, and to provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on this assessment that includes: (1) summarized data,
disaggregated by shipyard, relating to recruiting and retention
of apprentices across the public shipyards, including
demographic information on applicants, recruiting incentives
offered, apprenticeship completion rates for accepted
applicants, the average duration of service for graduates of an
apprenticeship, and reasons why individuals voluntarily left the
program; (2) an assessment of the feasibility of sharing
apprenticeship data across the public shipyards and allowing
apprentices to transfer between shipyards; (3) any other matter
the Secretary determines is relevant to assess the adequacy of
recruiting and retention in the shipyard apprenticeship program.
Sense of Congress regarding naming of naval vessel after
Lieutenant General Richard E. Carey
The House bill contained a provision (sec. 1023) that
would provide a Sense of Congress that the Secretary of the Navy
should name the Spearhead-class expeditionary fast transport
vessel of the United States Navy that has been ordered (Hull
Number T-EPF-16) in honor of Lieutenant General Richard E.
Carey.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Sense of Congress regarding naming of naval vessel after Major
James Capers, Jr
The House bill contained a provision (sec. 1024) that
would provide a Sense of Congress that the Secretary of the Navy
should name a vessel of the United States Navy the “U.S.S. Major
James Capers Jr.” in honor of Major James Capers, Jr.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Sense of Congress regarding naming a naval vessel after William
B. Gould
The House bill contained a provision (sec. 1025) that
would provide a Sense of Congress that the Secretary of the Navy
should name a commissioned naval vessel after formerly enslaved
268
sailor and Civil War veteran, William B. Gould, to honor his
strength of character and faithful service to the United States.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Prohibition on operation of connected vehicles designed,
developed, manufactured, or supplied by persons owned by,
controlled by, or subject to the jurisdiction of a foreign
entity of concern on Department of Defense property
The House bill contained a provision (sec. 1048) that
would ban connected vehicles that are designed, developed,
manufactured, or supplied by foreign entities of concern that
pose an undue or unacceptable risk to national security from
entering U.S. military bases and Department of Defense
installations.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Department of Commerce has recently
announced a proposed rule that would prohibit the import and
sale in the United States of connected vehicles, or component
parts, with sufficient nexus to foreign entities of concern. We
further note, that malicious access to these vehicles and
systems presents a particular risk to Department of Defense
installation security. Acknowledging the on-going rulemaking, we
note that should these systems enter the United States market
via vehicles not manufactured by foreign entities of concern,
there may be practical challenges related to identification of
these vehicles at entry control points, which the Department
will have to manage. Accordingly, we direct the Secretary of
Defense, not later than 180 days after the date of the enactment
of this Act, to provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on both
the Department’s views of the proposed rulemaking and how the
Department would mitigate risk should these systems be allowed
into the United States’ automobile market.
Prohibition on Department of Defense transport of Palestinian
refugees to the United States
The House bill contained a provision (sec. 1049) that
would prohibit the use of funds for the transport of Palestinian
refugees to the United States.
The Senate committee-reported bill contained provisions
(sec. 1048 and sec. 2855) that would prohibit the Secretary of
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Defense from using any asset, facility, or installation of the
Department of Defense for transport or processing of any
individual from the West Bank or Gaza who is not a United States
citizen, the immediate family member of a United States citizen,
or a former United States government employee, for the purposes
of resettlement in the United States.
The agreement does not include the House or Senate
provisions.
Limitation on authority of Armed Forces to detain citizens of
the United States
The House bill contained a provision (sec. 1049B) that
would limit the authority of Armed Forces to detain citizens of
the United States.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Prohibition on use of funds to cut services provided at certain
combat training readiness centers
The House bill contained a provision (sec. 1049C) that
would prohibit the use of funds from being used to cut any
service provided by a combat training readiness center operated
by the Air Force National Guard at certain locations.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize the importance of the Air Force Combat
Readiness Training Centers (CRTCs). We note the Administration
is not planning on closing any CRTCs in Fiscal Year 2025 and
encourage the Department of the Air Force to keep the
congressional defense committees apprised of any potential
changes to the scope or mission of the CRTCs.
Elimination of discretion of military chain of command and
senior civilian leadership with respect to display of flags
The House bill contained a provision (sec. 1049D) that
would amend section 1052(d)(1)(N) of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31) by
striking subparagraph (N) to eliminate a commander’s authority
to approve a flag unauthorized by statute.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
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Suspension or revocation of certain permissions to access
classified information
The House bill contained a provision (sec. 1049F) that
would require the Secretary of Defense to suspend or revoke a
security clearance held by a covered individual if such
individual has expressed support for a terrorist organization or
engaged in a demonstration supporting a terrorist organization.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the current security clearance forms for
initiating a background investigation already include questions
on support for terrorist organizations. We urge the Department
to continue to place focus on these questions during the
adjudication process, which provides the proper forum for making
decisions regarding such background investigation concerns.
Report on price elasticity of labor supply at shipyards and
supplier firms
The House bill contained a provision (sec. 1058) that
would require a report on price elasticity of labor supply at
shipyards and supplier firms.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of the Navy to submit a report to
the congressional defense committees, not later than 180 days
after the date of the enactment of this Act, on the price
elasticity of the labor supply for the industrial base for
building and maintaining naval vessels, including at privatesector shipyards, public-sector naval shipyards, and supplier
firms. This report shall include:
(1) The full cost of hiring and training workers at
shipyards and supplier firms;
(2) The extent to which retention of workers at
shipyards and supplier firms may be improved by changes in pay
and benefits for those workers;
(3) The potential impact of such increases in pay
and benefits on costs for procuring and maintaining naval
vessels with consideration of any increased labor productivity
that may result from improved retention; and
(4) Recommendations for any extraordinary relief or
other contractual mechanisms that may be appropriate for
shipbuilding programs to increase pay and benefits for workers
at shipyards and supplier firms.
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Comptroller General review of food waste at Department of
Defense and Coast Guard facilities
The House bill contained a provision (sec. 1060) that
would require the Comptroller General of the United States to
conduct a review of food waste at Department of Defense
installations and Coast Guard locations.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than March 1, 2025, on any current
or planned efforts by the Department of Defense to decrease food
waste on military installations. The briefing shall include any
current or planned efforts by the Department to track food waste
across its facilities, any analysis conducted by the Department
to determine the causes of any food waste at such facilities,
any Department policies regarding the management of food waste,
and any challenges or partnerships with other Federal agencies
to reduce food waste.
Study on feasibility of establishment of Centers of Excellence
for Servicewomen’s Health
The House bill contained a provision (sec. 1061) that
would require the Secretary of Defense to conduct a study on the
feasibility of establishing one or more centers of excellence
for servicewomen’s health, pursuant to the authority under
section 1073d(b) of title 10, United States Code.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We encourage the Secretary of Defense to establish centers
of excellence for servicewomen’s health under existing
authorities.
Report on fielding certain wearable devices for impact
protection against traumatic brain injury
The House bill contained a provision (sec. 1063) that
would require the Secretary of the Army to provide to the
Committees on Armed Services of the Senate and the House of
Representatives a report regarding the fielding of wearable
devices for impact protection.
The Senate committee-reported bill contained no similar
provision.
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The agreement does not include the House provision.
Utilization of office space by the Department of Defense
The House bill contained a provision (sec. 1064) that
would require the Secretary of Defense to provide a written
report to the Administrator of the General Services
Administration regarding the utilization of office space by the
Department of Defense.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include House provision.
We remain committed to ensuring efficient use of resources
across the Department of Defense, with a particular focus on
maximizing the effective use of space. We recognize that
maintaining oversight of facility utilization is critical to
optimizing space allocation and reducing unnecessary
expenditures, allowing more resources to be allocated to
mission-essential activities. Additionally, we note that this
agreement includes a provision from the House bill (sec. 2838)
that would require the Department of Defense to decrease
expenditures on leased facilities by 25 percent over the next 5
years.
Feasibility study on establishment and maintenance of Department
of the Air Force training center at Eaker Air Force Base,
Blytheville, Arkansas
The House bill contained a provision (sec. 1065) that
would require the Secretary of the Air Force to provide a report
on the feasibility and advisability of a reactivation of Eaker
Air Force Base in Blytheville, Arkansas to serve as an Air Force
Training Center.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of the Air Force to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives, not later than June 1, 2025, on
the feasibility and advisability of using Eaker Air Force Base
as an Air Force Training Center. The briefing shall include an
assessment of: existing facilities, any relevant strategic
geography of the location, the overall cost to the Department of
Defense, and if the National Cold War Center poses any
logistical or security concerns for any future training
operations.
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Study on use of space-available travel for donated human organs
The House bill contained a provision (sec. 1067) that
would require the Secretary of Defense to conduct a feasibility
study regarding the transport of human organs by organ
procurement organizations under the space-available travel
program under section 2641b of title 10, United States Code.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives not later than September 30, 2025, on the
feasibility and advisability of establishing a program to
provide for the transport of human organs by organ procurement
organizations under the space-available travel program.
Study and report on Department of the Navy policies with respect
to net metering
The House bill contained a provision (sec. 1068) that
would require the Assistant Secretary of the Navy (Energy,
Installations, and Environment) to carry out a study on net
metering.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of the Navy to provide a briefing
to the Armed Services Committees of the Senate and House of
Representatives, not later than March 1, 2025, on net metering
policies and practices within the Department of the Navy. The
briefing shall include, at a minimum: (1) A summary of the
Department of the Navy’s current policies and procedures
regarding net metering; (2) A list of each military installation
under the Secretary of the Navy’s jurisdiction that uses net
metering; (3) A review of practical methods and approaches at
each installation for implementing net metering, focusing on
operational efficiency and cost-effectiveness; and (4)
Recommendations from the Secretary of the Navy on potential
actions to maximize the operational value of net metering for
its installations.
Briefing on Department of Defense program to protect United
States students against foreign agents
The House bill contained a provision (sec. 1069) that
would require the Secretary of Defense to provide a briefing on
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the Department of Defense program to protect United States
students against foreign agents.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing
to the congressional defense committees by June 15, 2025 on the
updated status of the program described in section 1277 on the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91), including an assessment on whether the program is
beneficial to students interning, working part-time, or in a
program that will result in employment post-graduation with
Department of Defense components and contractors.
Report on training and safety program for operation of assault
amphibious vehicles
The House bill contained a provision (sec. 1069B) that
would require the Secretary of the Navy, not later than 180 days
after the date of the enactment of this Act, to submit to the
congressional defense committees a report on the feasibility,
advisability, and potential benefits of establishing a training
and safety program for the operation of assault amphibious
vehicles.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize the efforts of the Marine Corps to improve
the safe operation of both the assault amphibious vehicle (AAV)
and amphibious combat vehicle (ACV). Therefore, we direct the
Secretary of the Navy, not later than 180 days after the date of
the enactment of this Act, to submit to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the actions taken to improve the training and safety
program for the operation of the AAV and ACV.
Updates to national biodefense strategy
The House bill contained a provision (sec. 1069C) that
would require the Secretary of Defense and the Secretary of
Health and Human Services to revise, update and provide the most
recent version of the national biodefense strategy and
associated implementation plan required under section 1086 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328).
The Senate committee-reported bill contained no similar
provision.
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The agreement does not include the House provision.
We note that the administration issued an updated National
Biodefense Strategy and Implementation Plan for Countering
Biological Threats, Enhancing Preparedness, and Achieving Global
Health Security in October of 2022 and that the Department of
Defense published its Biodefense Posture Review in August of
2023. We believe that the administration and the Department of
Defense should routinely update the National Biodefense Strategy
and the Biodefense Posture Review as threats and capabilities
change to ensure that U.S. capabilities keep pace with the
threat environment as directed in section 1069 of this bill.
Report on modifications of expeditionary transfer dock ships
The House bill contained a provision (sec. 1069D) that
would require the Chief of Naval Operations, in consultation
with the Commandant of the Coast Guard, not later than March 1,
2025, to submit to the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on recommended modifications to the
Expeditionary Transfer Dock Ships that will best enable at-sea
sustainment of Joint Interagency Task Force South (JIATF-South)
partner nation patrol vessels and United States Coast Guard Fast
Response Cutters.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We agree that the Chief of Naval Operations, in
consultation with JIATF-South, should develop recommended
modifications to the Expeditionary Transfer Dock Ships that
could improve our ability to provide at-sea sustainment of
JIATF-South partner nation patrol vessels.
Report on military and weapons lost during withdrawal from
Afghanistan
The House bill contained a provision (sec. 1069E) that
would require the Secretary of Defense to provide a report that
includes an accounting of all the military equipment and weapons
lost to the Taliban during the withdrawal of the United States
Armed Forces from Afghanistan.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
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We note that the requirement in this provision is
addressed elsewhere in this Act.
Assessment of the health care system supporting military
installations in the R–2508 airspace
The House bill contained a provision (sec. 1069F) that
would direct the Secretary of Defense, in coordination with the
Secretaries of the military departments concerned, to develop an
assessment of the health care system supporting the military
installations within the R-2508 Airspace to ensure adequate
health care for the civilian and military workforce.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
GAO review and report on biological weapons experiments on and
in relation to ticks, tick-borne disease
The House bill contained a provision (sec. 1069G) that
would require the Comptroller General of the United States to
provide a report on Department of Defense research regarding
biological weapon experiments on and in relation to ticks and
tick-borne disease.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that we have addressed similar provisions in prior
National Defense Authorization Acts—specifically, the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92), the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283), and
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81).
Assessment of influence of China in Pacific Island nations
The House bill contained provisions (sec. 1069H, sec.
1243, and sec. 1314) that would modify the Department of
Defense’s annual report on Military and Security Developments
Involving the People’s Republic of China required by section
1202 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65) to include among its report elements
the influence of China in Pacific Island nations, the
relationship between the People’s Republic of China and the
Islamic Republic of Iran, and developments concerning the
Tibetan Plateau. The House bill also contained a provision (sec.
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1069J) that would require the Secretary of Defense to submit a
report to Congress on the use of rifle-toting robot dogs by
China.
The Senate bill contained a similar provision (sec. 1262)
that would require the Secretary of Defense to provide the
congressional defense committees with a report on corruption in
the People’s Liberation Army.
The agreement does not include these provisions.
We believe future iterations of the Department of
Defense’s annual report on Military and Security Developments
Involving the People’s Republic of China required
by section 1202 of Public Law 106-65 should include, to the
extent feasible, an analysis of influence of China in Pacific
Island nations, the relationship between the People’s Republic
of China and the Islamic Republic of Iran, developments
concerning the Tibetan Plateau, corruption in the People’s
Liberation Army, and the threat to the national security of the
United States posed by China’s development of advanced
technologies, including robotics.
Comptroller General study on use of unmanned vehicles to reduce
Department of Defense expenses
The House bill contained a provision (sec. 1069I) that
would require Comptroller General of the United States to
conduct a study to assess ways unmanned vehicles can reduce
overall operating expenses and costs at the Department of
Defense.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Comptroller General of the United States to
conduct a study to assess ways unmanned vehicles can reduce
overall operating expenses and costs at the Department of
Defense. Such study shall include:
(1) An analysis of unmanned ground and air systems
and a comparison of the capability, capacity, and operating cost
tradeoffs associated with each such system and those associated
with similar manned technologies or systems;
(2) Recommendations regarding new areas in which
unmanned technology could supplant or complement manned systems
in order to reduce overall force operating costs; and
(3) Such other matters as the Comptroller General
determines appropriate.
Furthermore, we direct the Comptroller General to provide
an interim briefing on this study to the congressional defense
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committees, not later than March 31, 2025, with a final report
to be provided at an agreed upon time.
Study on testing of foreign adversary highly autonomous vehicles
The House bill contained a provision (sec. 1069K) that
would require the Secretary of Defense, in coordination with the
relevant Federal agencies, to conduct a study on the effects on
the national security of the United States of highly automated
vehicles associated with foreign adversary countries operating
or testing in the United States.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
In light of the Department of Commerce’s recently proposed
rule to ban imports and sales of vehicles with certain vehicle
connectivity system or automated driving system technology with
a link to the People’s Republic of China or Russia, the managers
believe this study would be better conducted by the Department
of Commerce rather than the Department of Defense.
Report on effectiveness of the Optimizing the Human Weapon
System Program
The House bill contained a provision (sec. 1069L) that
would require the Secretary of the Army to provide a report on
the Optimizing the Human Weapon System Program of the Army.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of the Army, not later than 180
days after the date of the enactment of this Act, to submit to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing that includes:
(1) An analysis of the effectiveness of the
Optimizing the Human Weapon System Program of the Army; and
(2) Recommendations for improving and expanding the
Program.
Comptroller general study on dredging capacity and port
readiness
The House bill contained a provision (sec. 1069M) that
would require the Comptroller General of the United States to
conduct a study to assess the capability and capacity of the
Department of Defense to complete harbor and channel dredging at
seaports that require such dredging.
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The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We agree with the concerns expressed in the Senate report
accompanying S. 4638 (S. Rept. 118-188) of the National Defense
Authorization Act for Fiscal Year 2025 recognizing that
strategic seaports designated under the Strategic Seaport
Program are critical transportation nodes necessary to support
U.S. military rapid deployment requirements. We understand that
there may be insufficient U.S. dredging capacity that has
created a backlog in federal navigation maintenance work
limiting the readiness of some seaports. We agree that the
Commander, U.S. Transportation Command should provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than March 1, 2025, on impacts
that reduced dredging capacity may have had on designated
strategic seaports. The briefing should identify any operational
impacts of reduced dredging of designed strategic seaports, and
if applicable, provide recommendations on the prioritization of
available dredging capacity.
Report on red flags missed in Janet Yamanaka Mello fraud scheme
The House bill contained a provision (sec. 1069N) that
would require the Secretary of Defense to submit a report on the
fraud scheme perpetrated by Janet Yamanaka Mello, a civilian
employee of the Department of the Army, who was indicted and
pleaded guilty to stealing over $100 million in Army funds.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on Navy use of immersive learning capabilities
The House bill contained a provision (sec. 1069O) that
would require the Secretary of the Navy to provide a report on
the Navy’s use of immersive learning capabilities.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Senate Report accompanying this Act
directed the Secretary of the Navy to deliver a briefing not
later than January 1, 2025 on extended reality training. We
further direct this briefing to be delivered to the Armed
Services Committee of the Senate and House of Representatives.
Additionally, we direct the Secretary of the Navy to submit a
briefing to the Committees on Armed Services of the Senate and
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the House of Representatives, not later than March 1, 2025, on
how extended reality (XR) training capabilities have been, or
potentially could be, integrated into training across the U.S.
Navy. The briefing shall include any efforts of the U.S. Navy to
coordinate with the U.S. Air Force on lessons learned related to
XR training, an identification of any relevant XR training
strategies, and any limitations or barriers to XR training
integration, to include ensuring compliance with relevant
cybersecurity requirements. We note the Secretary may combine
these two briefings into one, if appropriate.
Department of Defense report on potential cost savings from use
of artificial intelligence
The House bill contained a provision (sec. 1069P) that
would require the Undersecretary of Defense (Comptroller) to
provide a report on the potential cost-savings of incorporating
artificial intelligence (AI) and multi-domain, attributable
autonomous, semi-autonomous, unmanned systems, capabilities and
processes into the military department and the civilian
workforce of the Department of Defense.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that there are clear indications that the use of
AI systems will contribute to mission effectiveness, as well as
cost effectiveness, of military operations. Because of the
pervasive application of AI across the defense enterprise, we
further note the difficultly in obtaining high fidelity
information on the broad cost-savings that might accrue. We
believe that the Department should focus on specific use cases
to estimate cost savings and that such anecdotal information
should inform broader extrapolation for decision-makers.
Expedited access to certain military installations of the
Department of Defense for Members of Congress and certain
Congressional employees
The House bill contained a provision (sec. 1071) that
would authorize expedited access to military installations for
members of Congress and certain congressional employees.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing,
not later than March 1, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives on any
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proposed updates or changes to procedures regarding ongoing
efforts by the Department to finalize military installation
access procedures for members of Congress and congressional
staff.
Air Force Technical Training Center of Excellence
The House bill contained a provision (sec. 1072) that
would require the Secretary of the Air Force to operate a
Technical Training Center of Excellence.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of the Air Force to provide a
briefing, not later than April 1, 2025, to the Committees on
Armed Services of the Senate and the House of Representatives on
the feasibility and advisability of establishing a Technical
Training Center of Excellence.
The briefing should include:
(1) Any costs associated with standing up the
Center;
(2) Impacts on planned reorganization from Air
Education and Training Command to Airman Development Command;
(3) Effects on current responsibilities of the Air
Force with regard to training maintainers; and
(4) Any other benefits or consequences that the
Secretary deems relevant.
Post-employment restrictions for participants in certain
research funded by the Department of Defense
The House bill contained a provision (sec. 1077) that
would prohibit principal investigators of Department of Defensefunded research into critical and emerging technologies at
institutions of higher education from seeking or accepting
employment with certain foreign entities for a period of 10
years after the end of their involvement in such research.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Tabletop exercise on extreme weather events in the Indo-Pacific
region
The House bill contained a provision (sec. 1080) that
would require the Commander, U.S. Indo-Pacific Command, to
conduct at least one tabletop exercise to assess the ability of
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the U.S. Armed Forces and the military and naval forces of
allies and partners to confront aggressive adversarial threats
in the Indo-Pacific region while simultaneously confronting
extreme weather hazards.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We expect that the Commander, U.S. Indo-Pacific Command
(USINDOPACOM) will conduct one or more tabletop exercises in
calendar year 2025, to assess the ability of the U.S. Armed
Forces and the military and naval forces of allies and partners
of the United States to confront aggressive adversarial threats
in the Indo-Pacific region while simultaneously addressing the
effects of extreme weather. At a minimum, any such exercise
should examine:
(1) The resilience of U.S. weapons, systems, force
posture, and command and control to withstand extreme weather
events during a contingency in the Indo-Pacific region;
(2) The ability of the U.S. Armed Forces to conduct
logistics during an extreme weather event, including the ability
to resupply U.S. forces, allied and partnered forces, and
affected civilian populations;
(3) The resiliency of USINDOPACOM to withstand
extreme weather events;
(4) The ability of USINDOPACOM to continue
operations with a partial or complete loss of overseas critical
infrastructure due to extreme weather;
(5) The ability of the U.S. Armed Forces, in
coordination with allies and partners, to resist force or other
coercion by an aggressor during extreme weather, including
potential scenarios involving command and control that is
affected or impaired by extreme weather conditions;
(6) The effectiveness of air defense capabilities to
deter missile threats from the People’s Republic of China or the
Democratic People’s Republic of Korea during extreme weather;
(7) The ability of military and naval forces to
operate in every domain during extreme weather; and
(8) The extent to which ground-based targeting and
firing would be affected by extreme weather in in the IndoPacific region.
Furthermore, in conducting any such tabletop exercise, we
suggest that the Commander, USINDOPACOM, consider utilizing, as
appropriate, the expertise and facilities of a postsecondary
education institution of the Department of Defense. We also urge
the Commander, USINDOPACOM, to consider the participation of
other appropriate departments and agencies of the Federal
283
Government, state and local governments, and outside experts, as
appropriate, in the conduct of such tabletop exercises.
Lastly, we direct the Commander, USINDOPACOM to provide a
briefing, not later than March 31, 2026, to the congressional
defense committees on all tabletop or other exercises conducted
by USINDOPACOM in calendar year 2025 that assessed the ability
of the U.S. Armed Forces and the military and naval forces of
allies or partners of the United States to confront threats in
the Indo-Pacific region while simultaneously addressing the
effects of extreme weather.
Pilot program on Army readiness in contested logistics
environments
The House bill contained a provision (sec. 1081) that
would establish a pilot program, through the Combat Training
Directorate, to ensure that all troops at Army schools train on
all expeditionary basing systems.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Assessment regarding antifouling coatings
The House bill contained a provision (sec. 1084) that
would require the Department of Defense to assess the
feasibility of alternatives to copper-based antifouling
coatings.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing,
not later than March 1, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives on the
feasibility and advisability of moving away from copper-based
antifouling coatings.
The briefing should include:
(1) A notional timeline to remove existing copperbased antifouling coatings from naval vessels by January 1,
2028;
(2) Criteria for antifouling effectiveness, measured
by the duration of time such coating prevents biological
adhesion, corrosion, and degradation of vessel surfaces,
environmental damage caused by shedding and leaching of the
coating, and the effect of the coating on fuel efficiency and
vessel speed; and
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(3) An evaluation of whether a new antifouling
coating standard could reduce time and costs associated with
maintenance, while also being environmentally sound.
Prior to the briefing, the Secretary should evaluate
commercially available products, technologies, applications, and
services that could be used to improve combat readiness by
decreasing the need for re-application of antifouling coatings.
Authorization to use nonelectric vehicles at Yuma Proving Ground
The House bill contained a provision (sec. 1085) that
would require the Secretary of Defense to authorize members of
the Armed Forces and civilian employees of the Department of
Defense at Yuma Proving Ground to use nonelectric vehicles in
the performance of their duties.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that such members of the Armed Forces and civilian
employees of the Department of Defense may use non-electric
vehicles in the performance of their duties.
Sense of Congress relating to expenditures for certain military
housing
The House bill contained a provision (sec. 1086) that
would express the sense of Congress relating to expenditures for
certain military housing.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
University Centers for Arctic National Security Studies
The House bill contained a provision (sec. 1087) that
would require the Secretary of Defense to establish or designate
one or more University Centers for Arctic National Security
Studies at institutions of higher education.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Psychological performance training in performance mindset
The House bill contained a provision (sec. 1088) that
would require the Secretary of Defense to provide an annual
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report on training for, and performance in, high-stress
environments.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We understand that long-term exposure to high-stress
environments can leave servicemembers in suboptimal performance
states— possibly leading to compromised performance abilities
and negative behaviors. The Air Force trains on the development
of proactive psychological performance skills and strategies for
psychological flexibility and mental strength. We recognize
potential benefits to training to develop and maintain
psychological performance skills and mental resilience.
We, therefore, direct the Secretary of the Air Force to
provide a briefing, not later than April 1, 2025, to the
Committees on Armed Services of the Senate and the House of
Representatives on the following:
(1) Efforts conducted previously or currently at Air
Force Global Strike Command and Air Force Air Mobility Command
to train airmen in psychological health and performance;
(2) Outcomes of such training efforts— to include
any relevant airmen feedback;
(3) Costs associated with providing such training
services;
(4) Efforts, if any, to budget and plan for
expanding psychological performance skill training; and
(5) Any other relevant matters that the Secretary
determines appropriate.
Declassification review of documents relating to involvement of
United States in 1973 coup in Chile
The House bill contained a provision (sec. 1091) that
would require the Secretary of Defense to conduct a
declassification review of documents relating to the involvement
of the United States in the 1973 coup d’état in Chile.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Capacity building and security cooperation with Mexico to
counter threats posed by transnational criminal organizations
The Senate committee-reported bill contained a provision
(sec. 1011) that would require the Secretary of Defense to
provide a plan for training members of the U.S. Armed Forces
combined with members of the Mexican Armed Forces.
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The House bill contained no similar provision.
The agreement does not include the Senate provision.
Authority of Department of Defense in surveillance of southwest
border of United States
The Senate committee-reported bill contained a provision
(sec. 1012) that would authorize the Department of Defense to
share information collected as part of operations at the
southwest border in support of Federal departments or agencies,
with other Federal, state, or local authorities who are not
receiving support from the Department of Defense, but who are
also tasked to monitor movements to, or across, the southwest
border.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Treatment by Department of Defense of request for support at
southwest border of United States
The Senate committee-reported bill contained a provision
(sec. 1013) that would require the Secretary of Defense to
prioritize requests for support at the southwest border that are
timely and define required capabilities for support.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Protection against misuse of Naval Special Warfare Command
insignia
The Senate committee-reported bill contained a provision
(sec. 1041) that would amend chapter 891 of title 10, United
States Code, to prohibit the unauthorized use of certain Naval
Special Warfare insignia and authorize a fine of not more than
$20,000 for each violation.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Requirements relating to payments by the Department of Defense
for qualifying injuries to the brain
The Senate committee-reported bill contained a provision
(sec. 1046) that would limit the obligation or expenditure of
not more than 75 percent of the funds authorized to be
appropriated by this Act for travel expenses of the Office of
the Secretary of Defense until the Secretary meets requirements
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relating to payments by the Department of Defense for qualifying
injuries to the brain.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note the progress in the federal rulemaking process
required for the Department of Defense to implement section
901(i) of division J of the Further Consolidated Appropriations
Act, 2020 (22 U.S.C. 2680b(i)) and that the Department intends
to start providing payments authorized under such section in
fiscal year 2025.
Report on Panama Canal security
The Senate committee-reported bill contained a provision
(sec. 1051) that would require the Secretary of Defense to
provide a report on the vulnerabilities, safety, and security of
the Panama Canal.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to submit a report, not
later than May 30, 2025, to the Committees on Armed Services of
the Senate and the House of Representatives on the
vulnerabilities, safety, and security of the Panama Canal
related to U.S. defense priorities, and that include the
following elements:
(1) Identification of authority limitations in the
conduct of security cooperation activities related to the Panama
Canal area;
(2) An assessment of Department of Defense and U.S.
Coast Guard limitations to identify, understand, and respond to
threats and risks associated with the safe and secure operation
of the canal;
(3) Identification of Panamanian partner
capabilities and limitations, response posture, cross-sector
security coordination, policy and procedures, and other factors
that could challenge partner support to more intensive U.S.
Coast Guard vessel (wartime and auxiliary) transit requirements;
(4) Identification of Panamanian laws and interPanamanian institutional policy and territorial jurisdiction
that affect the ability of the Department of Defense to support
securing and defending the canal;
(5) Identification of risks in relation to the
Panama Canal Neutrality Treaty that could affect priority of
U.S. transits during steady state, in crisis, and in conflict;
(6) An assessment of the interoperability of
Panamanian and U.S. security forces if support is requested to
defend the canal area, and recommendations on how to organize,
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train, and equip U.S. forces, partner forces, and ensure
bilateral preparedness;
(7) Identification of external threats to and malign
influence on the independence of the canal and its operations in
steady state, in crisis, and in conflict;
(8) Identification of statecraft or foreign-backed
entity capabilities, strategies, and limitations to disrupt
regular canal operations to achieve military effects on U.S.
force and sustainment flow— including by kinetic and non-kinetic
means, cyber and information operations, and condition-setting;
(9) Identification of logistical, force protection,
and other throughput challenges to ensuring U.S. force and
sustainment flow via the canal and canal area when uncontested
by other state actors and in support of a major contingency in
another theater of operation;
(10) An assessment of the resilience of the canal
system in the event of an accident, basic security incident, or
climate-induced or other water management challenge that may
impede throughput;
(11) Recommendations for U.S. defense investments to
enhance the capabilities of Panama to ensure the safety and
security of the canal area; and
(12) An assessment of the canal’s information
technology and operational technology infrastructure and
systems.
Consideration of protracted conflicts in planning assumptions
The Senate committee-reported bill contained a provision
(sec. 1061) that would require the Assistant Secretary of
Defense for Strategy, Plans, and Capabilities to deliver to the
Secretary of Defense defense planning scenarios that include
protracted conflicts of at least 6, 12, and 24 months as
planning assumptions.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Study on combat accomplishments of remotely piloted aircraft
crew
The Senate committee-reported bill contained a provision
(sec. 1062) that would require the Secretary of Defense to enter
into an agreement with a federally funded research and
development center to conduct an independent study to identify
opportunities to provide more support services to, and greater
recognition of, combat accomplishments of remotely piloted
aircraft crew.
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The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Comptroller General of the United States to
provide a report, not later than January 1, 2026, to the
Committees on Armed Services of the Senate and the House of
Representatives regarding support services available to, and
recognition of combat accomplishments of, remotely piloted
aircraft (RPA) crew.
The report should include:
(1) How members of RPA crews who have conducted
combat operations are identified;
(2) Existing procedures in the military departments
for documenting RPA crew members who have conducted combat
operations;
(3) An assessment of whether establishing a new
status identifier for RPA crews would improve in documentation,
recognition, or support of RPA crew members who have conducted
combat operations;
(4) An overview of individual and campaign
decorations and awards available to RPA crews;
(5) An assessment of post-separation health benefits
available to RPA crew members who have conducted operations; and
(6) Any other relevant recommendations,
observations, or information that the Comptroller General deems
appropriate.
Assessment of impact of transnational organized crime on
military drug overdoses
The Senate committee-reported bill contained a provision
(sec. 1064) that would require the directors of the military
criminal investigation organizations to provide an assessment of
the types of drugs responsible for drug overdoses on military
installations, the origin of those drugs, and the impact of the
drug overdoses to military readiness.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that transnational criminal organizations have
developed significant fentanyl production and trafficking
infrastructure that facilitates significant drug problems and
associated overdose deaths in the United States, and that which
affects Americans in general has the potential to affect
Department of Defense specifically.
We direct the Secretary of Defense, in coordination with
directors of the military criminal investigation organizations
and the Director of the Defense Health Agency, to provide a
briefing, not later than July 1, 2025, to the Committees on
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Armed Services of the Senate and the House of Representatives on
the number of service-member deaths attributable to drug
overdoses found to be caused— in whole or in part— by fentanyl
from January 1, 2018 through January 1, 2024, and the extent to
which illicit fentanyl inhibits the readiness of the Armed
Forces.
For the purposes of this briefing, the term “military
criminal investigation organizations” means:
(1) The Criminal Investigation Division of the Army;
(2) The Criminal Investigative Service of the Navy;
and
(3) The Office of Special Investigations of the Air
Force.
Report on undersea cable posture
The Senate committee-reported bill contained a provision
(sec. 1066) that would require the Chief Information Officer of
the Department of Defense to provide a report on the threats,
defense, and resilience of undersea cables used by the
Department of Defense.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Chief Information Officer of the Department
of Defense (DOD-CIO) to submit a classified report, not later
than December 30, 2025, to the congressional defense committees
on the threats, defense, and resilience of undersea cables used
by the Department of Defense. The report should include the
following elements:
(1) An assessment of the threats (i.e., physical,
cyber, supply chain, and foreign ownership) to undersea cables
owned or used by the Department of Defense— including:
(A) The current procedure when threats to
such cables are identified by or reported to the Department of
Defense (Office of Naval Intelligence (ONI) lead; the Joint
Staff, and U.S. Cyber Command supporting);
(B) The extent to which such cables are owned
and operated solely by the Department of Defense, reported by
agency or military department (DOD-CIO Management Office lead);
(C) The extent to which such cables are owned
and operated by non-government or commercial entities, but
contracted to support the Department of Defense, reported by
agency or military department (ODNI lead, Under Secretary of
Defense for Acquisitions and Sustainment supporting);
(D) A list of Department of Defense missions
that would be most severely disrupted by a loss of undersea
cable capabilities (combatant commands lead prioritization); and
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(E) Intelligence gaps concerning threats to
such cables (ODNI lead)
(2) The Department of Defense’s strategy to protect
critical subsea cables and an assessment of the Department’s
ability to execute that strategy— including for cables not owned
by the Department of Defense (DOD-CIO);
(3) An assessment of the Department of Defense’s
ability to restore critical subsea cable capabilities based on
damage to or interdiction of existing undersea capabilities
(DOD-CIO);
(4) An assessment of the Department of Defense’s
ability to execute processes to prioritize and support
restoration efforts in the event that subsea cable capabilities
are lost (DOD-CIO);
(5) Alternative capabilities to negate or mitigate
the loss of critical undersea cable capabilities— including a
primary, alternate, contingency, and emergency communication
plan (DOD-CIO);
(6) A strategy for prioritizing Department of
Defense missions in the event that undersea cable capabilities
are lost (DOD-CIO);
(7) An assessment of support required from other
Federal Government, private sector, and foreign partners to
defend, maintain, and restore undersea cable capabilities (DODCIO) and
(8) An assessment of new or additional capabilities
or authorities required to adequately defend, monitor, maintain
or restore undersea cable capabilities (DOD-CIO)— including, if
additional capabilities are required, an estimated budget to
support.
Plan for procurement of military working equids for the Caisson
Platoon of the 3rd Infantry Regiment of the Army
The Senate committee-reported bill contained a provision
(sec. 1071) that would require the Secretary of the Army to
provide a plan for the procurement of military working equids
for the caisson platoon.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of the Army to provide a report,
not later than March 31, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives that
details the Army plan for the procurement of military working
equids for the Caisson Platoon of the 3rd Infantry Regiment of
the Army. In developing the plan, the Secretary of the Army
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should consult with at least two nationally recognized equid
experts.
Land for operations and training of Caisson Platoon of the 3rd
Infantry Regiment of the Army
The Senate committee-reported bill contained a provision
(sec. 1074) that would amend section 366 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31) to
require the Secretary of the Army to consider land in Virginia
and West Virginia when contemplating land acquisition in support
of the Caisson Platoon.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Plan for recapitalization of special operations surface
combatant craft
The Senate committee-reported bill contained a provision
(sec. 1084) that would require the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict and
the Commander, U.S. Special Operations Command, to provide a
plan for special operations surface combatant craft at end of
service life for conversion into unmanned systems, as
appropriate, to support experimentation and employment of
manned-unmanned teaming capabilities.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict and the Commander, U.S.
Special Operations Command, to jointly submit a plan, not later
than 90 days after the date of the enactment of this Act, to the
congressional defense committees for converting special
operations surface combatant craft at the end of service life
into unmanned systems, as appropriate, to support
experimentation and the use of manned-unmanned teaming
capabilities.
Homeland defense planning requirements
The Senate committee-reported bill contained a provision
(sec. 1085) that would require the Assistant Secretary of
Defense for Strategy, Plans, and Capabilities to provide a
report on defense critical assets in the United States that are
likely targets for kinetic or non-kinetic attacks in the event
of a major conflict with an adversary.
The House bill contained no similar provision.
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The agreement does not include the Senate provision.
We direct the Assistant Secretary of Defense for Homeland
Defense and Hemispheric Affairs, in consultation with the
Commander, U.S. Northern Command, the Commander, U.S. Cyber
Command, and the Director of the Defense Intelligence Agency, to
submit an assessment, not later than April 1, 2025, to the
congressional defense committees of the personnel and
capabilities requirements for providing Department of Defense
support to civil authorities in the event of a major foreign
attack on the homeland.
The report should include:
(1) The Department’s assessment of its existing
capabilities for responding to an attack that impacts multiple
domestic jurisdictions— including states, territories, and the
District of Columbia;
(2) The number of personnel available to respond to
such an attack;
(3) The availability of such personnel to respond to
such an attack when Departmental personnel are forward deployed;
and
(4) Additional authorities or personnel that would
enable the Department to support civil authorities while
simultaneously carrying out its other missions in the event of a
major attack on the homeland.
Authority to provide contracted assistance to secure the
southern land border of the United States
The Senate committee-reported bill contained a provision
(sec. 1086) that would authorize the Secretary of Defense to
enter into services contracts to provide Department of Defense
assistance to U.S. Customs and Border Protection to increase
ongoing efforts to secure the southern land border of the United
States.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Preferred alternative for the Ambler Mining District in Alaska
The Senate committee-reported bill contained a provision
(sec. 1094) that would require the Secretary of the Interior to
select a preferred alternative relating to the provision of
access to the Ambler Mining District in Alaska, in coordination
with the Secretary of Defense.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
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Report on portable, drone-agnostic munitions
The Senate committee-reported bill contained a provision
(sec. 6031) that would require the Secretary of Defense to
provide a report on the feasibility and cost of acquiring and
fielding portable, drone-agnostic droppable munitions.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of the Army provide a report, not
later than October 31, 2025, to the congressional defense
committees on the feasibility and cost of acquiring and fielding
portable, drone-agnostic droppable munitions. The report should
include:
(1) The potential use of portable, drone-agnostic
droppable munitions to augment small unit tactics and lethality
in the ground combat forces— including:
(a) trench warfare;
(b) countermine operations;
(c) anti-armor uses; and
(d) anti-personnel uses;
(2) The capability for portable, drone-agnostic
droppable munitions to have a dual tactical capacity to explode
in the air or on impact;
(3) The cost-effectiveness, affordability, and
domestic production capacity of portable, drone-agnostic
droppable munitions in comparison to one-way small uncrewed
aerial systems;
(4) The use of portable, drone-agnostic droppable
munitions in the Ukraine conflict and best practices learned;
(5) The potential use of portable, drone-agnostic
droppable munitions in the defense of Taiwan;
(6) Procurement challenges, legal restrictions,
training shortfalls, operational limitations, or other
impediments to fielding portable, drone-agnostic droppable
munitions at the platoon level;
(7) A plan to equip platoon-sized ground combat
formations in the close combat force with portable, droneagnostic droppable munitions at a basis of issue including a
proposed timeline and fielding strategy;
(8) A plan to equip such other ground combat units
with portable, drone-agnostic droppable munitions;
(9) The capacity of the domestic defense
industrial base to produce portable, drone-agnostic droppable
munitions;
(10) The capacity of the industrial bases of foreign
partners to produce portable, drone-agnostic droppable
munitions;
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(11) The feasibility of fielding portable, droneagnostic droppable munitions in support of the findings of the
report required by section 1071 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31).
Briefing on a second pilot program for advanced reactors
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6047) that
would require the Secretary of Defense to provide a briefing on
a pilot program to provide resilience for critical
infrastructure at Department of Defense facilities with high
energy intensity requirements through a contract with a
commercial entity to site, construct, and operate at least one
licensed reactor, capable of producing at least 60 megawatts of
power— at a facility selected for purposes of the pilot program
by December 31, 2029.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to provide a briefing,
not later than June 1, 2025, to the Committees on Armed Services
of the Senate and the House of Representatives describing the
requirements for, and components of, a pilot program to provide
resilience for critical national security infrastructure at
Department of Defense (DOD) facilities with high energy
intensity requirements by contracting with a commercial entity
to site, construct, and operate at least one licensed reactor,
capable of producing at least 60 megawatts of power— at a
facility selected for purposes of the pilot program by December
31, 2029.
In regards to such a briefing, the Secretary of Defense
should:(1) Consult with the Secretary of Energy, the Nuclear
Regulatory Commission, and the Administrator of the General
Services Administration; and (2) Submit the briefing in
unclassified form, but may include a classified appendix.
The briefing should address how to explore a publicprivate partnership for the reactor to reduce ratepayer costs
and avoid financial risk to DOD’s mission. The briefing should
also include:
(1) Identification of potential locations to site,
construct, and operate a reactor— either at a commercial site
that serves DOD’s critical mission interests, or at a DOD
facility that contains critical national security infrastructure
that the Secretary determines may not be energy resilient;
(2) Assessments of different nuclear technologies—
including technologies capable of producing at least 60
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megawatts of power— to provide energy resiliency for critical
national security infrastructure;
(3) A survey of potential commercial stakeholders
with which to enter into a contract under the pilot program to
construct and operate a licensed micro-reactor and, if
appropriate, share offtake needs;
(4) Options to enter into long-term contracting—
including various financial mechanisms for such purpose;
(5) Identification of requirements for reactors to
provide energy resilience to mission-critical functions at
facilities;
(6) An estimate of the costs of the pilot program;
(7) A timeline with milestones for the pilot
program;
(8) An analysis of the existing authority of DOD to
permit the siting, construction, and operation of a reactor;
(9) Recommendations for any legislative changes
necessary for DOD to permit the siting, construction, or
operation of a reactor;
(10) A strategy for deploying additional reactors at
other sites— including through public-private partnerships; and
(11) A plan for implementing the pilot program— to
begin implementation not later than 3 months after submission of
the briefing.
Red Hill Health Registry
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6052) that
would require the Secretary of Defense to establish a Red Hill
incident exposure registry to collect data on health
implications of petroleum-contaminated water for impacted
individuals and potentially impacted individuals on a voluntary
basis.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that legislation is not required to establish such
a registry. In June 2024, the Secretary of Defense executed a 5-
year cooperative agreement with a university to establish and
maintain an independent registry of individuals who were exposed
to, or at risk of exposure to, the Red Hill fuel release.
Requirement to include implementation plan in strategy to
respond to unmanned aircraft systems incursions
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6057) that
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would require the Secretary of Defense to provide a plan to
expedite the testing, demonstration and validation of
technologies that support the strategy required under
subparagraph (A) of section 1057(a)(1).
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Records preservation processes for certain at-risk Afghan allies
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6073) that
would require the Secretary of Defense to establish a process
for individuals to apply for classification as an Afghan ally.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
TITLE XI—CIVILIAN PERSONNEL
Sec. 1101 – Pilot program for the temporary exchange of
information technology personnel
The Senate committee-reported bill contained a provision
(sec. 1004) that would amend section 1110 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84) to authorize the Secretary of Defense to include in the
exchange program such personnel performing financial management
or budgetary tasks for private-sector software-focused
companies.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1102 – Extension of authority for noncompetitive
appointments of military spouses by Federal agencies
The House bill contained a provision (sec. 1101) that
would extend authority for noncompetitive appointments of
military spouses by Federal agencies until December 31, 2033,
and require the Department of Defense to submit an annual report
on the use of this authority.
The Senate committee-reported bill contained a similar
provision (sec. 1110) that would make permanent the authority of
Federal agencies to make noncompetitive appointments of military
spouses in the civil service under section 3330d of title 5,
United States Code.
The agreement includes the House provision with a
technical amendment relating to the reporting requirements.
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Sec. 1103 – Extension of living quarters allowance to civilian
DOD employees in positions with critical shortages stationed in
Guam
The House bill contained a provision (sec. 1102) that
would authorize the Secretary of Defense to provide a living
quarters allowance to all Department of Defense (DOD) civilian
employees with permanent duty in Guam.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would limit the use of this authority to DOD
civilian employees filling positions determined by the Secretary
to be critically short. The amendment would also sunset the
authority on January 1, 2034.
Sec. 1104 – One-year extension of authority to waive annual
limitation on premium pay and aggregate limitation on pay for
federal civilian employees working overseas
The House bill contained a provision (sec. 1103) that
would amend section 1101 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417), as
most recently amended by section 1105 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31), to
extend for 1 year the authority of heads of executive agencies
to waive the limitation on the aggregate of basic and premium
pay of employees who perform work supporting certain military or
contingency operations.
The Senate committee-reported bill contained a similar
provision (sec. 1101).
The agreement includes the House provision.
Sec. 1105 – One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone
The House bill contained a provision (sec. 1104) that
would extend for 1 year the discretionary authority of the head
of a Federal agency to provide allowances, benefits, and
gratuities comparable to those provided to members of the
Foreign Service to the agency’s civilian employees on official
duty in a combat zone.
The Senate committee-reported bill contained a similar
provision (sec. 1102).
The agreement includes the House provision.
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Sec. 1106 – Pilot program for overseas work-period for DOD
competitive service positions
The House bill contained a provision (sec. 1105) that
would remove the 5-year time limitation on civilian employees
serving in a competitive position overseas and that require the
Department of Defense to provide an annual report on the impacts
of the removal of the time limit on recruiting and retention.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would authorize the first O-6 in an employee’s
chain-of-command to approve a one-time 5-year extension for an
employee to continue serving in an overseas duty assignment. The
amendment would also require the Secretary of Defense to provide
a report on the Department’s use of the authority provided by
this section, first due December 31, 2025, and annually
thereafter for five years. Finally, the amendment would sunset
the authority provided by this section 2 years after the date of
enactment of this Act.
Sec. 1107 – Employment and compensation of civilian faculty
members at Inter-American Defense College
The House bill contained a provision (sec. 1109) that
would amend section 1595(c) of title 10, United States Code, to
add the United States Element of the Inter-American Defense
College to the list of covered Department of Defense educational
institutions at which the Secretary of Defense is authorized to
employ and compensate civilian faculty as the Secretary
considers necessary.
The Senate committee-reported bill contained a similar
provision (sec. 1107).
The agreement includes the House provision.
Sec. 1108 – Treatment of veterans who did not register for the
selective service
The House bill contained a provision (sec. 1111) that
would amend section 3328 of title 5, United States Code, to
establish eligibility for Federal civilian employment for
veterans who failed to register for selective service, but who
provide evidence of their qualifying military service to the
executive agency in which the veteran seeks an appointment.
The Senate committee-reported bill contained a similar
provision (sec. 522).
The agreement includes the House provision.
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Sec. 1109 – Increase in military leave accrual and accumulation
for Federal employees
The House bill contained a provision (sec. 1112) that
would amend section 6323 of title 5, United States Code, to
increase military leave accrual and accumulation for Federal
civilian employees from 15 to 20 days per year.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1110 – Sufficient firefighter personnel covered
installations
The House bill contained a provision (sec. 1118) that
would require the Secretary of Defense to ensure a minimum
number of firefighter personnel are on duty at each covered
installation to maintain optimum manning and optimum level of
service to safeguard life and property at such covered
installation and a risk assessment may not be used to limit the
number of firefighter personnel at a covered installation.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would ensure that a sufficient number of
firefighter personnel are on duty at each covered installation
to maintain manning and service necessary to safeguard life and
property.
Sec. 1111 – Extension of direct hire authority for domestic
industrial base facilities and Major Range and Test Facilities
Base
The Senate committee-reported bill contained a provision
(sec. 1104) that would amend section 1125 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328) to extend the sunset date of the underlying direct hire
authority for domestic industrial base facilities and major
range and test facilities through the end of fiscal year 2030.
Further, the provision would amend section 1102 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91) to extend a briefing requirement on the use of the direct
hire authority through the end of fiscal year 2030.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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Sec. 1112 – Modifications to the John S. McCain Strategic
Defense Fellows Program
The Senate committee-reported bill contained a provision
(sec. 1108) that would amend section 932(f) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) to authorize the Secretary of Defense to
make a noncompetitive appointment or conversion of a successful
program participant into a vacant position in the competitive or
excepted service within the Department of Defense (DOD), when
the Secretary determines that such appointment or conversion
will contribute to the development of highly qualified future
senior leaders for the DOD.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1113 – Modification of pilot program on dynamic shaping of
the workforce to improve the technical skills and expertise at
certain Department of Defense laboratories
The Senate committee-reported bill contained a provision
(sec. 1109) that would amend section 1109 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) to clarify that the early retirement incentives authorized
for the dynamic workforce reshaping pilot program at Department
of Defense science and technology reinvention laboratories are
available for employees covered by the Federal Employees’
Retirement System and not just those covered by the Civil
Service Retirement System.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1114 – Continuity of coverage under certain provisions of
title 5, United States Code
The Senate committee-reported bill contained a provision
(sec. 1111) that would amend section 6323 of title 5, United
States Code, to make technical and conforming amendments related
to military leave for Federal employees for certain members of
the Space Force.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1115 – Limitation on establishment of new diversity,
equity, and inclusion positions; hiring freeze
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The House bill contained a provision (sec. 1116) that
would prohibit the Secretary of Defense from establishing any
new positions within the Department of Defense with
responsibility for matters relating to diversity, equity, and
inclusion, or fill any vacancies in positions in the Department
with responsibility for such matters.
The Senate committee-reported bill contained a similar
provision (sec. 1113).
The agreement includes the House provision with an
amendment that would prohibit the Secretary of Defense from
establishing any new billet, or filling any vacancies in
existing billets, that have responsibility for matters relating
to diversity, equity, and inclusion until the report required by
section 529B of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) is delivered to Congress by
the Comptroller General of the United States, or one-year after
the date of the enactment of this Act.
LEGISLATIVE PROVISIONS NOT ADOPTED
Waiver of limitation on appointment of recently retired members
of armed forces to DOD competitive service positions
The House bill contained a provision (sec. 1106) that
would waive the 180-day limitation on appointment of recently
retired members of the Armed Forces to the Department of Defense
competitive service positions.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Department of Defense and the military
departments may hire recently retired military personnel within
the described 180-day window providing hiring managers comply
with competitive processes established by the Office of
Personnel Management.
Mandatory public disclosures by newly nominated civilians for
senior positions in the Department of Defense
The House bill contained a provision (sec. 1108) that
would require newly nominated civilians for senior positions in
the Department of Defense (DOD) to make certain mandatory
financial disclosures available on a publicly accessible
website.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
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We note that as part of the Senate Armed Services
Committee’s process for considering civilian nominations to
senior positions within DOD requiring Senate confirmation,
information of the type described in the House provision is
provided to the Committee for its and the Senate’s use in the
course of the Senate discharging its obligation to provide
advice and consent on these nominations.
Supplemental guidance for MCO competitive service positions
The House bill contained a provision (sec. 1110) that
would require the Secretary of Defense, in coordination with the
Director, Office of Personnel Management (OPM), and the
Secretaries of the military departments, to establish
supplemental guidance for qualification standards for mission
critical competitive service positions.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Department of Defense is struggling to
recruit and retain civilians in mission critical occupations.
This shortage can result in harmful impacts to our national
security, and negatively impact morale, training, and readiness.
Despite numerous efforts to alleviate these issues, including
providing direct hire authority and pay and compensation
incentives, civilian shortages in mission critical occupations
persist. We note that shortages are further exacerbated by
recruiting and retention protocols across the government,
including long timelines for the OPM to approve or disapprove
proposed incentives.
Therefore, we direct the Secretary of Defense, in
coordination with the Secretaries of the military departments
and the Director, OPM, to provide a report to the Committees on
Armed Services of the Senate and the House of Representatives,
no later than 120 days after enactment of this Act, on
alleviating civilian shortages for mission critical occupations
across the Department. The report should include the following:
(1) An established list of mission critical occupations across
the services in which a civilian shortage has negatively
impacted readiness across the last 3 years, and positions that
are projected to persist or develop in the next 3 years,
including information on the number of personnel shortages and
efforts to recruit and retain these occupations; and (2) An
assessment of the feasibility and advisability of OPM delegating
the authority to service secretaries to establish supplements to
General Schedule Classification and Qualification Standards and
waive or adopt occupational requirements under such mission
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critical occupations, in order to expedite and streamline the
process to provide incentives to mission critical occupations
across the Department.
Flexibilities for Federal employees who are armed forces spouses
The House bill contained a provision (sec. 1113) that
would provide additional flexibilities for Federal employees who
are also spouses of members of the Armed Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We understand that military spouses face significant
challenges finding employment. We direct the Secretary of
Defense, consistent with ongoing actions directed by Executive
Order 14100, Advancing Economic Security for Military and
Veteran Spouses, Military Caregivers, and Survivors, to brief
the Committees on Armed Services of the Senate and the House of
Representatives, no later than April 1, 2025, on: (1) Ongoing
efforts to eliminate barriers to flexible work options for
military spouses, to include telework; (2) Options to adjust
Department of Defense policies to retain military spouses in
existing positions in a telework capability; (3) Data regarding
existing military spouse employment with the Department of
Defense and military services; (4) Ongoing challenges with
utilizing military spouse preferences to include the overseas
direct hire authority; and (5) Any other matters the Secretary
determines relevant.
GAO report on home-based businesses at remote military
installations
The House bill contained a provision (sec. 1114) that
would require the Comptroller General of the United States to
assess and submit a report to the Secretary of Defense on homebased businesses operating at remote and isolated installations.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Expand Department of Defense civilian employment
The House bill contained a provision (sec. 1115) that
would direct the Secretary of Defense to ensure that, to the
extent practicable, each commercial position in the Department
of Defense, or an element of the Department, is filled by a
civilian employee of the Department or performed by a contractor
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of the Department, within 5 years of the enactment of this
section.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
OMB employment form requirement for DOD contractors
The House bill contained a provision (sec. 1117) that
would require all individuals hired by Department of Defense
contractors under Department contracts to use the Declaration
for Federal Employment Form OMB No. 3206-0812, typically used by
Federal civilian employees.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to provide a briefing
to the Committees on Armed Services of the Senate and the House
of Representatives by no later than April 1, 2025, on the number
of instances over the past 10 years of Federal civilian
employees whose Federal employment was terminated by reason of
serious misconduct and then were rehired by a defense contractor
for placement within the same office.
Report on reducing misconceptions about mental health and
security clearance eligibility
The House bill contained a provision (sec. 1853) that
would require the Secretary of Defense, not later than 180 days
after the date of enactment of this Act, to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the Department’s activities to
inform members of the Armed Forces about how mental health
affects security clearance eligibility.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We remain concerned about how misperceptions regarding the
impact of mental health issues on security clearance eligibility
might influence the willingness of military service members to
seek necessary mental health treatment. We believe better
communication on how such information is used in the process,
including guardrails and clear guidance to the workforce, is
important to destigmatize mental health care for those military
service members who might benefit from such care, but also
recognize the importance of maintaining their clearance for the
duration of their career.
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Therefore, we direct the Secretary of Defense to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives, by June 1, 2025, on the
Department’s activities to inform members of the Armed Forces
about how mental health information is used in the security
clearance eligibility process. Such briefing shall include:
(1) The Department’s outreach and education
activities to inform members of the Armed Forces about how
questions regarding mental health care are used in the security
clearance and adjudication process and the guidelines used to
differentiate routine care from possible disqualifying events;
(2) The Department’s outreach and education
activities to ensure that health care providers in the military
health system, non-medical counselors, TRICARE providers, and
other relevant personnel convey accurate information to members
of the Armed Forces regarding mental health and security
clearance eligibility;
(3) The guardrails on the use of such information
incorporated into guidance to the workforce for security
clearance review and adjudication activities, and how questions
or information regarding mental health care are used in
continuous vetting processes; and
(4) Description of appeals processes available to
military service members to dispute any decisions made related
to mental health care events and how such information may have
been used in the security clearance and adjudication process.
Removal of Direct Support Activities from personnel limitation
on the Office of the Secretary of Defense
The Senate committee-reported bill contained a provision
(sec. 1105) that would amend section 143(b) of title 10, United
States Code, to modify the definition of personnel within the
Office of the Secretary of Defense (OSD) contained in that
subsection, and to which the personnel limitation contained in
section 143 applies, to no longer include military and civilian
personnel assigned to, or employed by, direct support activities
of the OSD or the Washington Headquarters Services.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Authority to provide increased voluntary separation incentive
pay for civilian employees of the Department of Defense
The Senate committee-reported bill contained a provision
(sec. 1106) that would amend section 9902 of title 5, United
States Code, to increase the maximum amount of voluntary
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separation incentive pay for Department of Defense civilian
employees from $25,000 to $40,000.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Modification of direct hire authority for domestic defense
industrial base facilities
The Senate committee-reported bill contained a provision
(sec. 1112) that would amend section 1125 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328) to include positions within the Navy Supervisor of
Shipbuilding, Conversion, and Repair under the direct hire
authority for the domestic defense industrial base authorized by
that section.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We encourage the Department of the Navy to work with the
Office of Personnel Management to acquire the desired authority
through existing regulatory means.
Prohibition on considering applicant’s commitment to diversity,
equity, or inclusion in hiring process for certain positions at
Department of Defense educational institutions
The Senate committee-reported bill contained a provision
(sec. 1114) that would prohibit the Department of Defense (DOD)
from requiring or considering a diversity statement from an
applicant for employment at a DOD educational institution.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
TITLE XII—MATTERS RELATING TO FOREIGN
NATIONS
SUBTITLE A—ASSISTANCE AND TRAINING
Sec. 1201 – Modification of authority to build capacity of
foreign security forces and modification of support for
execution of bilateral agreements concerning illicit
transnational maritime activity in Africa
The House bill contained provisions (sec. 1237 and sec.
1601) that would amend subsection 333(a) of title 10, United
States Code, authority to build capacity of foreign security
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forces, to include space domain awareness, defensive space
operations, and counter-illegal, unreported, and unregulated
fishing operations.
The Senate committee-reported bill contained a similar
provision (sec. 1202).
The agreement includes the Senate provision with an
amendment that would modify subsection 333(g) of title 10,
United States Code, to extend the availability of funds for
programs across fiscal years, and modify section 1808 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118-31).
Sec. 1202 – Modification of authority for Naval Small Craft
Instruction and Technical Training School
The Senate committee-reported bill contained a provision
(sec. 1204) that would amend section 352 of title 10, United
States Code, to authorize payment of fixed costs associated with
the Naval Small Craft Instruction and Technical Training School
from amounts made available for operation and maintenance,
procurement, and military construction, among other
modifications.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1203 – Assessment, monitoring, and evaluation of programs
and activities
The House bill contained a provision (sec. 1202) that
would modify a requirement for the Secretary of Defense to
provide reports on assessment, monitoring, and evaluation of
security cooperation programs and other related activities of
the Department of Defense.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1204 – Quarterly briefings on counterterrorism operations,
irregular warfare, and sensitive activities
The Senate committee-reported bill contained a provision
(sec. 1281) that would amend section 485 of title 10, United
States Code, to require the Secretary of Defense to provide the
congressional defense committees with quarterly briefings on
counterterrorism, irregular warfare, and other sensitive
activities.
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The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1205 – Extension of modification to authority to provide
support for conduct of operations
The Senate committee-reported bill contained a provision
(sec. 1213) that would extend and modify an increase in the
limitation on the aggregate value of all logistic support,
supplies, and services provided to friendly foreign countries
for the conduct of operations under section 331 of title 10,
United States Code, through fiscal year 2026.
The House bill contained no similar provision.
The agreement includes the Senate provision with various
technical and clarifying amendments extending and modifying an
increase in the limitation on the aggregate value of all
logistic support, supplies, and services provided to friendly
foreign countries for the conduct of operations under section
331 of title 10, United States Code, through fiscal year 2026,
and requiring an annual report under section 386 of title 10,
United States Code.
We understand that the United States Government and
members of the Multinational Security Support (MSS) Mission in
Haiti have publicly expressed a desire to transition the MSS
mission to the United Nations or a similar multinational
structure. We direct the Secretary of Defense to submit a report
to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives, not later than 90 days
after the date of the enactment of this Act, on Department of
Defense support under section 331 of title 10, United States
Code, for the MSS Mission in Haiti. Such report shall, at a
minimum, include the following:
(1) A list of countries participating in the MSS
Mission in Haiti that are eligible for Department of Defense
support under section 331 of title 10, United States Code;
(2) A description of the type, cost, and duration of
support to be provided;
(3) A description of the United States national
security interests supported by such mission;
(4) A description of known contributions to such
mission by the international community; and
(5) With respect to such mission, a plan for the
transition from support provided by the Department of Defense to
support provided by other elements of the United States
Government and international partners.
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We also direct the Secretary of Defense to submit a report
to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives, not later than 90 days
after the date of the enactment of this Act, that includes a
summary of support provided under section 331 of title 10,
United States Code, during fiscal years 2023 and 2024. Such
report required shall include, at a minimum, the following:
(1) A description of operations so supported in each
such fiscal year; and
(2) A list of recipients of such support, including
a description of the type and associated cost of such support.
Sec. 1206 – Extension of authorities
The Senate committee-reported bill contained provisions
(sec. 1208 and sec. 1215) that would extend section 1208 of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (Public Law 117-263) and section 1210(E) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) through 2027.
The House bill contained no similar provision.
The agreement includes the Senate provisions with
technical amendments.
Sec. 1207 – Extension and modification of defense operational
resilience international cooperation pilot program
The House bill contained a provision (sec. 1204) that
would extend the Defense Operational Resilience International
Cooperation (DORIC) pilot program through 2027.
The Senate committee-reported bill contained a similar
provision (sec. 1209) that would extend the DORIC pilot program
through 2030 and increase the annual cap on expenditures under
the authority to $15.0 million per year.
The agreement includes the House provision with an
amendment that would extend the DORIC pilot program through 2027
and increase the annual cap on expenditures under the authority
to $15.0 million per year.
The DORIC pilot program authorizes engagement with
military forces of partner countries on defense-related
environmental and operational energy issues in support of the
theater campaign plans of the geographic combatant commands. We
note that the National Defense Authorization Act for Fiscal Year
2024 (Public Law 118-31) clarified that DORIC can be used for
the provision of sustainment and non-lethal assistance,
including training, defense services, and supplies (including
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consumables). We encourage the Department of Defense to focus
the use of the DORIC authority on high-payoff projects with
foreign partners that have clearly defined operational relevance
and a need for such assistance, even if such an approach results
in the Department funding fewer projects on an annual basis. We
understand these high-payoff projects may be more expensive on a
per-project basis and note the agreement would increase the
overall cap on the authority to $15.0 million per year in
anticipation of these requirements. Given the limited nature of
this authority, funds executed under this authority must be
strictly prioritized to achieve the greatest benefit for the
geographic combatant command and partner.
Sec. 1208 – Acceptance and expenditure of contributions for
multilateral security cooperation programs and activities
The Senate committee-reported bill contained a provision
(sec. 1201) that would amend subchapter I of chapter 16 of title
10, United States Code, to authorize the Secretary of Defense to
accept, retain, and expend contributions, including money,
personal property, and services, from one or more foreign
governments, to carry out security cooperation activities in
which the foreign partner, or partners, share a national
security interest with the United States.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would authorize the Secretary of Defense to
accept, manage, and expend contributions, including funds,
defense articles, and defense services, from foreign governments
for mutually agreed upon purposes to carry out security
cooperation programs and activities pursuant to certain
authorities. The authority provided by the provision would
expire on December 31, 2029.
Sec. 1209 – Temporary authority to provide training to military
forces or national security forces of Costa Rica and Panama
The Senate committee-reported bill contained a provision
(sec. 1210) that would authorize U.S. general purpose forces
conducting training with friendly foreign countries under
section 321 of title 10, United States Code, notwithstanding
subsection (a)(2) of that section, to train the military forces
or national security forces of Costa Rica and Panama and pay for
specified expenses related to such training and exercises from
the date of the enactment of this Act through December 31, 2030.
The House bill contained no similar provision.
The agreement includes the Senate provision.
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Sec. 1210 – Improvements to defense acquisition workforce for
foreign military sales
The Senate committee-reported bill contained a provision
(sec. 1289) that would require the Secretary of Defense to issue
guidance to the defense acquisition workforce and the security
cooperation workforce governing the execution of foreign
military sales (FMS) and establish a FMS Continuous Process
Improvement Board to serve as an enduring structure within the
Department of Defense to advise the Secretary on ways to improve
the FMS process of the Department of Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense to enter
into a contract with a federally funded research and development
center to assess the feasibility and advisability of
establishing a dedicated Department of Defense contracting
capacity to support the FMS process, and provide a report to the
Committees on Armed Services of the Senate and the House of
Representatives, not later than December 1, 2025. We note that
the study required by this section should focus on the need, if
any, to create a cadre of specialized contracting officers
dedicated to the FMS process, not on the creation of a new
process for adjudication of foreign military sales. The
agreement would also establish a FMS Continuous Process
Improvement Board to advise the Secretary of Defense on matters
relating to the FMS process.
SUBTITLE B—MATTERS RELATING TO ISRAEL
Sec. 1211 – Statement of policy ensuring Israel’s defense
The House bill contained a provision (sec. 1232) that
would state that it is the policy of the United States to work
with Israel to ensure adequate defense against Iran and its
proxies.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
We direct the Secretary of Defense, in consultation with
the Secretary of State and the Government of Israel where
feasible, to submit a report to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate not later than June 1, 2025, on the extent to which
Israel was subject to aerial attacks, from rockets or missiles
313
between October 7, 2023 and December 31, 2024, that Israel
countered by deploying or utilizing not less than 50 Iron Dome
interceptors, David’s Sling or Arrow defense systems. The report
shall include:
(1) A listing of the number of deployments of Iron
Dome interceptors, David Sling or Arrow defense systems during
the reporting period;
(2) A listing of the estimated cost of deploying
Iron Dome interceptors during the reporting period;
(3) An identification of components or munitions
required for the replenishment of Iron Dome interceptors,
David’s Sling or Arrow defense systems that were deployed or
utilized to counter attacks during the reporting period;
(4) An estimate of the costs for any such
replenishment;
(5) A listing of any requests made by the Government
of Israel to the Government of the United States for any such
replenishment, and the response to any such requests; and
(6) An estimate of the timeframe under which the
United States resupplied Israel with such defense systems.
Sec. 1212 – Modification of United States-Israel anti-tunnel
cooperation
The Senate committee-reported bill contained a provision
(sec. 1206) that would amend section 1279 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) to expand cooperation with Israel to improve anti-tunneling
technologies and increase the limit on the amount authorized for
such activities.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1213 – Requirement to conduct subterranean warfare military
exercises
The House bill contained a provision (sec. 1233) that
would require military exercises in the U.S. Central Command
area of responsibility to conduct an annual counter-tunneling
exercise with Israel.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1214 – Strategic partnership on defense industrial
priorities between the United States and Israel
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The House bill contained a provision (sec. 1249) that
would require the Secretary of Defense to establish a
partnership between the Defense Innovation Unit and appropriate
counterparts of Israel.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 1215 – Establishment of program between the United States
and Israel for military trauma education and training
The House bill contained a provision (sec. 1235) that
would require the Secretary of Defense to establish an education
and training program to be known as the “United States and
Israel Trauma and Amputee Rehabilitation Education and Training
Program.”
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
SUBTITLE C—MATTERS RELATING TO THE NEAR AND
MIDDLE EAST
Sec. 1221 – Key partners for Middle East Regional Integration
Military Subject Matter Expert Exchange Program
The House bill contained a provision (sec. 1216) that
would require the Secretary of Defense, in consultation with
other relevant agencies and using existing authorities,
including section 311 of title 10, United States Code, to
establish a subject matter expert exchange program between U.S.
military forces and ally and partner forces of the Middle East
working to advance regional integration.
The Senate committee-reported bill contained a similar
provision (sec. 1211).
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1222 – Extension and modification of annual report on
military power of Iran
The House bill contained a provision (sec. 1212) that
would amend section 1245 of the National Defense Authorization
315
Act for Fiscal Year 2010 (Public Law 111–84) to include
additional reporting requirements on the military power of Iran.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 1223 – Modification of report on the military capabilities
of Iran and related activities
The House bill contained a provision (sec. 1220A) that
would amend section 1227 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81) to modify the
report on the military capabilities of Iran and related
activities.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 1224 – Prohibition on providing funding to Iranian entities
The House bill contained a provision (sec. 1219) that
would prohibit funds to be made available, directly or
indirectly, to Iranian entities.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1225 – Notification relating to arms trafficking by Iran
The Senate committee-reported bill contained a provision
(sec. 1225) that would require the Secretary of Defense to
provide notification to the congressional defense committees
after any identified transfer of weapons or related materials by
Iran to an Iranian-linked group or a second country outside the
territory of Iran.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1226 – Assessment and plan with respect to equipment
provided to Kurdish Peshmerga forces
The Senate committee-reported bill contained a provision
(sec. 1226) that would require the Secretary of Defense, not
later than 90 days after the date of the enactment of this Act
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and every 120 days thereafter, to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives assessing whether equipment provided under
section 1236 of the Carl Levin and Howard P. “Buck” McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113–291) and designated for Kurdish Peshmerga forces is
being provided in a timely manner, and a plan for resolving any
delay of such equipment intended for Kurdish Peshmerga forces.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would additionally direct the Secretary of
Defense to notify the congressional defense committees every 120
days regarding the rationale for the delay of the plan of action
to equip and train Iraqi security forces and Kurdish Peshmerga
forces to defend against attack by missiles, rockets, and
unmanned system pursuant to section 1266 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31) until
such plan is delivered. The provision is further amended to
clarify that the requirements directed pursuant to this section
are not intended to overturn or impede the current United States
policies toward Iraq.
We remain concerned about the increasing threat
environment from air and missile threats against the Iraqi
people, the territory of Iraq, and the coalition forces who
remain in Iraq at the invitation of the Iraqi government to
assist Iraqi and Kurdish forces. We urge the Secretary of
Defense to provide the plan of action without further delay.
Sec. 1227 – Extension of authority for reimbursement of certain
coalition nations for support provided to United States military
operations
The Senate committee-reported bill contained a provision
(sec. 1205) that would amend section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181) to increase the limitation on authority for funding from
$15.0 million to $75.0 million and extend the authority for
reimbursement of certain coalition nations for support provided
to U.S. military operations through December 31, 2025.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1228 – Extension and modification of security briefings on
Afghanistan
The Senate committee-reported bill contained a provision
(sec. 1282) that would amend section 1092 of the National
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Defense Authorization Act for Fiscal Year 2022 (Public Law 117–
81) to extend the requirement for security briefings on
Afghanistan and modify the briefing dates through December 31,
2026.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1229 – Notifications regarding terrorist groups in
Afghanistan
The Senate committee-reported bill contained a provision
(sec. 1286) that would require the Secretary of Defense to
notify the congressional defense committees within 30 days of
identifying any new training facility in Afghanistan that is
operated or staffed by al-Qaeda, ISIS Khorasan, or other United
States designated terrorist organizations.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1230 – Extension of authority to support operations and
activities of the office of security cooperation in Iraq
The agreement includes a provision that would extend the
authority to support operations and activities of the Office of
Security Cooperation in Iraq for an additional year.
Sec. 1231 – Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and Syria
The House bill contained a provision (sec. 1211) that
would extend the existing authority under section 1236 of the
Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113–291) by 1
year to continue providing support to partner forces in Iraq to
defeat the Islamic State of Iraq and Syria (ISIS) and help
ensure ISIS cannot resurge.
The Senate committee-reported bill contained a similar
provision (sec. 1222).
The agreement includes the House provision with a
technical amendment.
We note the current threat environment in Iraq, including
an uptick in malign activity by ISIS and unmanned aerial system
attacks from Iranian militia groups. We further note that in
September, the U.S.-Iraq Higher Military Commission announced
the transition of the global coalition to defeat ISIS to a
bilateral security relationship with the Government of Iraq. We
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commend the work of the members of the Counter-ISIS coalition to
degrade and defeat ISIS, including the Iraqi Security Forces and
Peshmerga Forces.
Therefore, we direct the Secretary of Defense to brief the
congressional defense committees not later than March 1, 2025,
to provide further details on how the transition of the global
coalition to defeat ISIS could impact, interact, or coincide
with the Counter-ISIS Train and Equip Fund program.
Sec. 1232 – Extension of authority to provide assistance to
vetted Syrian groups and individuals
The House bill contained a provision (sec. 1212) that
would extend existing authority under section 1209 of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113–291) by 1
year to provide assistance to vetted Syrian groups for
countering the Islamic State of Iraq and Syria in Syria.
The Senate committee-reported bill contained a similar
provision (sec. 1221).
The agreement includes the House provision.
Sec. 1233 – Statement of policy on recognition of the Assad
regime
The House bill contained a provision (sec. 1226) that
would prohibit the recognition of Bashar al-Assad or any
government in Syria that is led by Bashar al-Assad, oppose
recognition of an Assad regime by other governments, and
prohibit Federal officials from taking any action or expending
any funds that would recognize or otherwise imply recognition of
the Assad regime.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment, noting that it is the policy of the United States to
not recognize or normalize relations with any government of
Syria that is led by Bashar al-Assad due to the Assad regime’s
ongoing crimes against the Syrian people.
LEGISLATIVE PROVISIONS NOT ADOPTED
Modification of Department of Defense State Partnership program
The House bill contained a provision (sec. 1201) that
would extend, by a year, the period of performance of activities
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pursuant to the Department of Defense State Partnership Program
under section 341(e)(1)(A) of title 10, United States Code.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Modification of Department of Defense support to stabilization
activities
The House bill contained a provision (sec. 1203) that
would amend section 1210A of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92) to require that
Department of Defense support for stabilization activities be
provided on a reimbursable basis.
The Senate committee-reported bill contained a similar
provision (sec. 1207) that would amend section 1210A of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92) to extend the authority of the Department of Defense
to support stabilization activities through December 31, 2026.
The agreement does not include either provision.
Report on compliance by the Department of Defense with the
limitation on military-to-military exchange or contact with
representatives of the Chinese People’s Liberation Army
The House bill contained a provision (sec. 1205) that
would require the Secretary of Defense to provide a report that
describes compliance by the Department of Defense with the
limitation on military-to-military exchange or contact with
representatives of the People’s Liberation Army (PLA) of the
People’s Republic of China under section 1201 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65).
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, not later than March
1, 2025, to provide a briefing to the congressional defense
committees on the risk that the PLA could gain indirect
knowledge of United States military capabilities or operational
tactics, techniques, and procedures (TTPs) through their
engagement with allies and partners of the United States. The
briefing shall also include an explanation of efforts by the
Department of Defense to mitigate the compromise of such
capabilities and TTPs by the PLA, including the conduct of enduse monitoring.
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General Thaddeus Kosciuszko memorial exchange program for
Polish-American defense cooperation
The House bill contained a provision (sec. 1206) that
would require the Commander, U.S. Army Special Operations
Command, to carry out a training program pursuant to section 322
of title 10, United States Code, between special operations
forces under the jurisdiction of the Commander and special
forces of the Polish Army.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on cooperation between the National Guard and the
Republic of India
The House bill contained a provision (sec. 1207) that
would require the Secretary of Defense to provide a report on
the feasibility and advisability of enhanced cooperation between
the National Guard and the Republic of India.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, in coordination with
the Secretary of State, not later than 90 days after the date of
the enactment of this Act, to provide a briefing to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs of
the House of Representatives regarding the feasibility and
advisability of enhanced defense cooperation between the United
States and the Republic of India. Such briefing shall include
the following elements:
(1) A description of the cooperation between the
United States military and the Indian military during the 10
preceding calendar years, including mutual visits, exercises,
training, and equipment opportunities;
(2) An evaluation of the feasibility and
advisability of enhancing defense cooperation between the United
States and the Republic of India on a range of activities,
including:
(a) disaster and emergency response;
(b) cyber defense and communications
security;
(c) military medical cooperation;
(d) mountain warfare;
(e) jungle warfare;
(f) counterinsurgency;
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(g) counterterrorism;
(h) cultural exchange and education of
members of the United States military in Hindi; and
(i) programs for United States military
advisors to assist in training the reserve components of the
military forces of India.
(3) Recommendations to enhance such cooperation and
improve interoperability, including through familiarization
visits, cooperative training and exercises, and co-deployments;
(4) Identification of States that may serve as
potential partners with India through a State partnership under
section 341 of title 10, United States Code; and
(5) Any other matter the Secretary of Defense or
Secretary of State deems appropriate.
Help Israel Recover the Hostages
The House bill contained a provision (sec. 1214) that
would require the Secretary of Defense, in consultation with the
Secretary of State and the Director of National Intelligence, to
provide a briefing that contains an overview of United States
diplomatic, military, and intelligence support for Israel as it
works to release the hostages.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, in consultation with
the Secretary of State and the Director of National
Intelligence, to provide a briefing, along with the Special
Presidential Envoy for Hostage Affairs, to the congressional
defense committees, the Committee on Foreign Affairs of the
House of Representatives, the Committee on Foreign Relations of
the Senate, and the congressional intelligence committees, not
later than March 1, 2025, that contains an overview of United
States diplomatic, military, and intelligence support for Israel
as it works to release the hostages.
The briefing shall cover the following, relating to
supporting the release of the hostages:
(1) An overview of United States military assistance
to Israel;
(2) How the United States military is assisting the
Israeli military on hostage rescue planning and recovery
efforts;
(3) An overview of United States personnel embedded
or regularly liaising with Israel’s military and diplomatic
officials in support of hostage release;
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(4) A description of how the United States is
leveraging partner nations to assist with hostage release
efforts; and
(5) Any other forms of assistance provided the
Secretary determines relevant to Israel’s efforts to release the
hostages.
Statement of Congress relating to Israel and the hostages held
by Hamas
The House bill contained provisions (sec. 1215 and sec.
1217) that would express a statement of Congress relating to
Israel and the hostages held by Hamas and that would express a
sense of Congress regarding Israel.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provisions.
We strongly condemn the October 7th, 2023, attacks by
Hamas on the people of Israel, during which approximately 1,200
people were murdered, including 46 U.S. citizens, and over 250
people were taken hostage, including 12 Americans. We urge the
release of the remaining hostages, as well as a durable solution
to the security challenges facing Israel, including from Iran
and Iranian linked groups.
We note that since 1948, Israel has been one of the
strongest friends and allies of the United States. We further
note that Israel is a stable, democratic country in a tumultuous
region. We affirm that it is essential to the strategic interest
of the United States to continue to offer security assistance
and related support to Israel, which is vital as Israel
confronts a number of threats, including those stemming from
Iran and Iranian linked groups.
We direct the Secretary of Defense, in consultation with
the Secretary of State and the Director of the Defense
Intelligence Agency, to provide a briefing to the congressional
defense committees, not later than February 1, 2025, outlining
an overview of United States diplomatic, military, and
intelligence support for Israel in support of Israeli efforts to
secure the release of the hostages captured by Hamas in the wake
of the October 7, 2023, attacks. The briefing shall include:
(1) An overview of United States military assistance
to Israel in support of hostage recovery efforts;
(2) A description of assistance provided by the
United States military to the Israeli military related to
hostage rescue planning and recovery efforts;
(3) A description of intelligence sharing efforts in
support of hostage release efforts;
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(4) A description of the number of United States
personnel embedded or regularly liaising with Israel’s military,
intelligence, and diplomatic officials and the types of
activities in which such personnel are engaged;
(5) A description of how the United States is
leveraging partner nations to assist with hostage release
efforts; and
(6) A description of any other forms of assistance
provided by the United States to Israel that are determined
relevant to Israel’s efforts to release the hostages.
Study and report on international security measures on the
border between Gaza and Egypt
The House bill contained a provision (sec. 1218) that
would require the Secretary of Defense, in consultation with the
Secretary of State, to conduct a study on steps that Israel,
Egypt, and the United States can take to enhance security
measures on the border between Gaza and Egypt to ensure Hamas
and other actors do not use tunnels or methods via the
Mediterranean Sea to smuggle weapons and illicit goods.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, in coordination with
the Secretary of State, to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate, not later than March 1, 2025, outlining steps that
Israel, Egypt, and the United States can take to enhance
international security measures on the border between Gaza and
Egypt to ensure Hamas and other actors do not use tunnels or
methods via the Mediterranean Sea to smuggle weapons and illicit
goods. The report shall include a detailed description and map
indicating existing tunnels on the border between Gaza and
Egypt.
Report on agreements made by the United States with the Taliban
The House bill contained a provision (sec. 1220) that
would require the Secretary of State, in consultation with the
Secretary of Defense and the Administrator of the United States
Agency for International Development, to provide a report on
agreements made by the United States with the Taliban.
The Senate committee-reported bill contained no similar
provision.
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The agreement does not include the House provision.
Briefing on Iranian support for non-state actors in North Africa
The House bill contained a provision (sec. 1220B) that
would require the Secretary of Defense to provide a briefing on
Iranian support for non-state actors in North Africa.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, not later than May 1,
2025, to provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives on Iran’s support
for non-state actors in North Africa and any threats that such
support may pose to U.S. allies, partners, and interests in the
region.
Sense of Congress
The House bill contained a provision (sec. 1221) that
would express the sense of Congress regarding the Al-Tanf
Garrison.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the requirement in this provision is
addressed elsewhere in this Act.
Strategy to protect the Al-Tanf Garrison
The House bill contained a provision (sec. 1222) that would
require the Secretary of Defense to develop a strategy on the
protection of United States and partner forces at Al-Tanf
Garrison in Syria from the threat of Iran-backed militias, the
Islamic State of Iraq and al-Sham, the Russian Federation, and
the Assad regime.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, in consultation with
the Secretary of State, to submit a report to the congressional
defense committees, not later than June 1, 2025, that may
include a classified annex, related to activities in Syria. The
report should include the following elements:
(1) The number and description of attacks by Iranbacked militias at Al-Tanf Garrison and other United States
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positions in Syria between October 7, 2023 and December 31,
2024;
(2) Department of Defense humanitarian assistance
efforts including for internally displaced persons at the AlRukban camp;
(3) Russian violations of deconfliction agreements
with the United States in Syria including Al-Tanf Garrison;
(4) Assad regime assistance, communication, and
facilitation to ISIS;
(5) Assad regime assistance, communication, and
facilitation to Iran-back militias in Syria;
(6) The number of jihadist prisoner releases and
contributions of released prisoners to ISIS;
(7) Assad regime financing of ISIS, including the
Syrian banking system in ISIS-held territory;
(8) Russian support for Iran’s Islamic Revolutionary
Guard Corps (IRGC) in Syria, including materiel or military
transfers between Russia and the IRGC and efforts to evade
United States sanctions;
(9) Russian military support for Asa’ib Ahl al-Haq
(AAH), Harakat al-Nujaba (HAN) and Akram ‘Abbas al-Kabi, and
Kata’ib Sayyid al-Shuhada (KSS).
Report and strategy on the Assad regime’s relationship with ISIS
The House bill contained a provision (sec. 1223) that
would require the Secretary of Defense, in consultation with the
head of the Defense Intelligence Agency, to submit a report
describing the Assad regime’s cooperation, assistance, and
association with the Islamic State of Iraq and al-Sham.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the requirement in this provision is
addressed elsewhere in this Act.
Strategy to counter the Assad regime’s support and cooperation
with Iran-backed militias in Syria
The House bill contained a provision (sec. 1224) that
would require the Secretary of Defense, in consultation with the
Secretary of State, to develop and submit a strategy on the use
of its existing authorities to disrupt and degrade threats to
the national security of the United States caused by Iran-backed
militias in Syria.
The Senate committee-reported bill contained no similar
provision.
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The agreement does not include the House provision.
We direct the Secretary of Defense, in consultation with
the Secretary of State, to submit a report to the congressional
defense committees, not later than June 1, 2025, that may
include a classified annex, on Iran-backed militias in Syria.
The report should include the following elements:
(1) Existing and required authorities and resources
to detect, monitor, and counter Iran-backed militias in Syria
and protect United States servicemembers from Iran-backed
militia attacks;
(2) The Assad regime’s knowledge, facilitation, or
tolerance of Iran-backed militia attacks against United States
servicemembers after October 7, 2023;
(3) Freedom of movement of Iranian proxies,
particularly between Abu Kamal and the deconfliction zone in
eastern Syria, and the operational implications;
(4) Efforts and capabilities of Iran-backed militias
to transport weapons and weapons systems from Syria into
Lebanon;
(5) Iran’s efforts and capabilities to sustain
military threats on United States positions in Syria and
maintain support to Hezbollah from Syria.
Report and strategy on Russia’s support for foreign terrorist
organizations in Syria
The House bill contained a provision (sec. 1225) that
would require the Secretary of Defense, in consultation with the
Secretary of State, to develop and submit a report and strategy
to utilize existing authorities to counter the Russian
Federation’s support of foreign terrorist organizations and
specially designated global terrorists in Syria.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the requirement in this provision is
addressed elsewhere in this Act.
Appropriate congressional committees defined
The House bill contained a provision (sec. 1227) that
would define the appropriate congressional committees.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
United States-Israel PTSD Collaborative Research
327
The House bill contained a provision (sec. 1234) that
would establish a grant program to increase collaborative
research between the United States and Israel on post-traumatic
stress disorder.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
As noted in the Joint Explanatory Statement to accompany
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263), the United States and
Israel have cooperated in the field of medical research since
1978, to include post-traumatic stress disorder.
Sense of Congress on the importance of the Iron Dome system
The House bill contained a provision (sec. 1236) that
would express the sense of Congress on the Iron Dome system.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We strongly support the efforts of the Department of
Defense to assist Israel in defending its population from rocket
and missile attacks with the Iron Dome system.
Report on training of Ukrainian armed forces
The House bill contained provisions (sec. 1238 and sec.
1240) that would require the Secretary of Defense to submit a
report on U.S. efforts to train the Ukrainian Armed Forces in
the United States as well as information on casualty figures in
the Russian Federation’s war of aggression against Ukraine.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provisions.
We note the importance of Congress continuing to receive
detailed information on the Ukrainian military’s performance,
including U.S. efforts to date to train the Ukrainian Armed
Forces as well as casualty figures for the Russian Armed Forces
and Ukrainian Armed Forces, respectively. Therefore, we direct
the Secretary of Defense to submit to the congressional defense
committees, not later than May 1, 2025, a report on the
Ukrainian Armed Forces that includes:
(1) A description of the training of Ukrainian Armed
Forces by the United States since February 2022, including the
approximate number of Ukrainian Armed Forces personnel trained
and the locations of the training, with a focus on training
conducted in the United States;
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(2) A description of F-16 pilot and maintenance
training provided in the United States to the Ukrainian Armed
Forces since February 2022;
(3) The estimated total cost of training for the
Ukrainian Armed Forces by the Department of Defense since
February 2022, disaggregated by fiscal year; and
(4) An estimate of the causalities and major
equipment losses of the Ukrainian Armed Forces and Russian Armed
Forces since February 2022.
Sense of Congress on defense by NATO member states
The House bill contained a provision (sec. 1239) that
would express the sense of Congress regarding the North Atlantic
Treaty Organization (NATO).
The Senate committee-reported bill contained a similar
provision (sec. 1237).
The agreement does not include the House or Senate
provisions.
We celebrate that in April 2024, the NATO alliance marked
75 years since its foundation. In those 75 years, NATO has
remained the strongest and most successful military alliance in
the world, founded on a commitment by its members to uphold the
principles of democracy, individual liberty, and the rule of
law. The success of NATO is critical to advancing United States
national security objectives in Europe, the Indo-Pacific region,
and around the world. The United States remains steadfast in its
ironclad commitment to NATO as the foundation of transatlantic
security and to upholding its obligations under the North
Atlantic Treaty, including its commitment to collective defense
under Article 5 of the Treaty.
We welcome the addition of Finland and Sweden as the 31st
and 32nd members of the alliance, respectively. Both countries
are security providers, and their inclusion has made the
alliance stronger and enhanced collective security by increasing
alliance capabilities, particularly in the Baltic Sea region and
Northern Europe.
We urge NATO member countries that have not yet met the 2
percent defense spending pledge, as agreed to at the 2014 Wales
Summit, to meet the spending target as expeditiously as possible
and stress the importance of the affirmation at the 2023 Vilnius
Summit that defense spending of at least 2 percent of gross
domestic product (GDP) be seen as a minimum investment. We also
urge allies to continue to allocate at least 20 percent of their
defense budgets on major equipment, including research and
development.
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We note that the regional plans, agreed to by all NATO
member countries at the Vilnius Summit in 2023, provide
important clarity on the forces, capabilities, and readiness
levels needed to defend NATO. We also note that to implement
these plans and meet allied capability targets, NATO members
will need to spend more than 2 percent of GDP on their defense.
We urge allies to continue making efforts to address the
challenges posed by the coercive policies of the People’s
Republic of China that undermine the interests, security, and
shared values of the alliance.
We encourage the United States and fellow NATO allies to
continue to expand cooperation efforts on cybersecurity issues
to prevent adversaries and criminals from compromising critical
systems and infrastructure.
We note that the unprovoked and illegal full-scale
invasion of Ukraine by the Russian Federation has fundamentally
altered the transatlantic security landscape and necessitates
the full attention of the transatlantic alliance to ensure
United States and allied interests and to enable Ukraine’s selfdefense.
We further affirm that the United States and fellow NATO
allies and partners should continue efforts to deliver needed
assistance to Ukraine as Ukraine fights against the illegal and
unjust war of the Russian Federation and note that United States
investments under the European Deterrence Initiative remain
critically important to deter the Russian Federation from
expanding its war of aggression beyond Ukraine.
We recognize that Estonia, Latvia, and Lithuania continue
to serve as model allies, including through their defense
investments, modernization of key capabilities, and their
steadfast assistance to Ukraine, among myriad other examples. We
encourage the Defense Department to continue robust support for
efforts to advance Baltic stability and security.
We remain concerned about the dynamic security situation
in the Western Balkans and believe that military-to-military
cooperation among the United States, the European Union, and
fellow NATO allies to maintain peace and security in the Western
Balkans is critically important.
We condemn the efforts of the Russian Federation to assert
military, political, and economic dominance in the Black Sea.
Such actions threaten the peace and stability of the littoral
countries of the Black Sea, including NATO allies Bulgaria,
Romania, and Türkiye, and should remain a focus area for the
NATO alliance.
Report on allied contributions to the common defense
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The House bill contained a provision (sec. 1242) that
would require the Secretary of Defense to provide a report on
allied contributions to the common defense.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that elements of this provision related to the
military capabilities of allies and partners in the Indo-Pacific
and their contributions to mutual security objectives are
addressed elsewhere in the report accompanying this Act. We also
note that the North Atlantic Treaty Organization (NATO) collects
defense expenditure data from allies and publishes it on a
regular basis. We further note that NATO also publishes
information on NATO operations and missions in which the Armed
Forces of the United States and NATO allies participate.
Sense of Congress on international defense exhibitions
The House bill contained a provision (sec. 1244) that
would express the sense of Congress regarding international
defense exhibitions.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that the Court of Commerce of Paris ruled in June
2024 that the provisions that were imposed on Israeli companies
for their participation in the Eurosatory Exhibition were
illegal. Unfortunately, the Court acted too late for Israeli
companies to participate.
Report and strategy for United States involvement in Ukraine
The House bill contained a provision (sec. 1245) that
would require the President to provide a report on a strategy
for United States involvement in Ukraine.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on multilateral exercises in the eastern Mediterranean
The House bill contained a provision (sec. 1246) that
would require the Secretary of Defense to provide a report on
multilateral exercises in the eastern Mediterranean.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
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Report on certain assistance to Ukraine
The House bill contained a provision (sec. 1247) that
would require a report on United States assistance to Ukraine.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to submit to the
congressional defense committees, not later than May 1, 2025, a
report that includes:
(1) The total amount of remaining presidential
drawdown authority pursuant to section 506(a)(1) of the Foreign
Assistance Act of 1961, and a plan for using any remaining
authority;
(2) The total amount of obligated, committed, and
remaining funds for the Ukraine Security Assistance Initiative
(USAI), and a plan for using any remaining USAI funding;
(3) The total amount of obligated, committed, and
remaining funds for the replenishment of defense articles
provided to Ukraine under presidential drawdown authority, and a
plan for using any remaining replenishment funding; and
(4) A summary of USAI and replenishment contracts in
support of the Ukraine response since January 1, 2022.
Military cooperation with Morocco
The House bill contained a provision (sec. 1248) that
would require the Secretary of Defense to provide a report on
how the United States can improve its interoperability and
cooperation with Morocco through the African Lion exercise to
continue to address the growing threats in Africa.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We recognize the twentieth anniversary of the African Lion
exercise hosted by Tunisia, Morocco, Senegal, and Ghana. African
Lion is U.S. Africa Command’s largest joint, all-domain, multicomponent, multinational exercise. African Lion builds and
maintains interoperability with African and North Atlantic
Treaty Organization partners and improves international efforts
to meet security challenges together.
We note the importance of the continuation of the African
Lion exercise in future years, including efforts to build
readiness to respond to crises and contingencies in Africa and
address security challenges around the world. We also note the
importance of the United States-Morocco security relationship
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and believe that close cooperation between the United States and
Morocco is critical to regional security.
Report on military activities of the Russian Federation and the
People’s Republic of China in the Arctic region
The House bill contained a provision (sec. 1250) that
would require the Secretary of Defense to provide a report on
military activities of the Russian Federation and the People’s
Republic of China in the Arctic region.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that issues pertaining to the military activities
in the Arctic region of the Russian Federation and the People’s
Republic of China are covered in annual Military Power Reports.
We also note that the United States’ response to these
activities is outlined in the 2022 National Strategy for the
Arctic Region and the 2024 Department of Defense Arctic
strategy. We expect the Secretary of Defense to continue to
cover such issues in future Military Power Reports, including
any efforts by the Russian Federation and People’s Republic of
China to advance their respective or joint military and security
strategies in the Arctic by:
(1) Exploiting Arctic science and technology
cooperation, agreements, or research partnerships for military
or intelligence purposes; or
(2) Co-opting, manipulating, or undermining Arcticfocused multilateral organizations, non-government
organizations, or native or indigenous communities.
Report on cooperative efforts to stop unmanned aerial systems
The House bill contained a provision (sec. 1251) that
would require the Secretary of Defense to provide a report on
the status of cooperation between the United States and Israel
on efforts to counter threats by Iran in the form of unmanned
aerial systems.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to submit a briefing,
not later than March 1, 2025, to the congressional defense
committees as to the status of cooperation between the United
States and Israel on efforts to counter threats from the
Government of Iran, including the Islamic Revolutionary Guard
Corps and any Iran-backed group operating in Iraq, Syria,
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Lebanon, or Yemen specifically associated with the employment of
unmanned aerial systems, including loitering munitions otherwise
known as ‘‘suicide’’ or “kamikaze’’ drones.
Authority to build capability and capacity of foreign civilian
medical support entities for resilience in crisis and conflict
The Senate committee-reported bill contained a provision
(sec. 1203) that would amend subchapter IV of chapter 16 of
title 10, United States Code, to authorize the Secretary of
Defense, with the concurrence of the Secretary of State, to
provide non-lethal assistance, in the form of medical training
and equipment, to allied and partner nation civilians to build
that nation’s medical support capability and capacity in
preparation for crisis or conflict.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Plan to modernize and streamline information technology systems
relating to end-use monitoring functions of Defense Security
Cooperation Agency
The Senate committee-reported bill contained a provision
(sec. 1212) that would require the Director of the Defense
Security Cooperation Agency (DSCA) to provide a plan to
modernize and streamline the information technology
infrastructure for end-use monitoring.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Director of DSCA to submit a report, not
later than June 30, 2025, to the congressional defense
committees on progress toward modernizing and streamlining the
information technology systems, infrastructure, and software
used to track defense article transfers and carry out DSCA enduse monitoring.
The report should include the following:
(1) A list of each information technology system
used by the DSCA to track transfers of defense articles and
carry out end-use monitoring;
(2) An assessment as to whether such software or
information systems encounter ongoing coding issues, provide the
required data to, or are interoperable with, the Security
Cooperation Information Portal and the extent to which data is
shared or received from other relevant Federal agencies;
(3) An assessment of whether the workforce is
regularly entering data into such information technology systems
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and metrics for measuring the frequency, quantity, and quality
of data entry;
(4) An assessment regarding whether such systems are
sufficiently user-friendly, including whether the systems rely
on manual entry to carry out critical functions, such as
populating and updating databases; if not, what efforts are in
place to address usability issues;
(5) A description of each DSCA initiative to improve
its information technology systems or software related to
defense article tracking and end-use monitoring;
(6) An updated timeline and milestones for DSCA to
update software and achieve a modern and streamlined ability to
track defense article transfers and conduct end-use monitoring;
(7) Cost estimates for software development updates
or procuring and operating and maintaining any such systems; and
(8) Any other matter that the Director considers
relevant.
Defense cooperation with Georgia
The Senate committee-reported bill contained a provision
(sec. 1214) that would require the Secretary of Defense, not
later than 120 days after the date of the enactment of this Act,
to conduct a review to assess whether continued defense
cooperation with Georgia aligns with United States security
interests.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that in May 2024, the Administration announced a
comprehensive interagency review of all bilateral cooperation
with the Republic of Georgia in response to concerns about the
Government of Georgia’s recent conduct. We direct the Secretary
of Defense to brief the results of the review for Department of
Defense lines of effort and priorities not later than March 1,
2025.
Preservation of security and stability in northeast Syria
The Senate committee-reported bill contained a provision
(sec. 1223) that would require the Secretary of Defense to
certify that vetted Syrian groups and individuals are able to
meet certain milestones in order to reduce the total number of
United States Armed Forces serving in northeast Syria to fewer
than 400 personnel.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
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Report on, and prohibition on use of funds to support, terrorist
organizations in Iraq
The Senate committee-reported bill contained a provision
(sec. 1224) that would require the Director of the Defense
Intelligence Agency to report to the congressional defense
committees, the Secretary of State, and the Secretary of the
Treasury on the affiliates of the Badr Organization in Iraq and
would also prohibit any funds authorized to be appropriated by
this Act from being used to support the Badr Organization and
its designated affiliates.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Director of the Defense Intelligence Agency
to submit a report to the congressional defense committees, not
later than June 1, 2025, that includes a determination of
whether additional militant organizations have splintered from,
or developed as offshoots of, the Badr Organization, Asa’ib Ahl
al-Haq, Kata’ib Hezbollah, or any other organization designated
as a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) that receives
funding from the Islamic Revolutionary Guard Corps. The report
should include:
(1) A list of such militant organizations;
(2) A description of the involvement of the
offshoots in attacks on United States forces, partner and allied
forces, in Iraq;
(3) A description of the involvement of the
offshoots in human rights violations; and
(4) A description of the connections of the
offshoots to foreign terrorist groups, including an assessment
of the links between the Badr Organization and Iran’s Islamic
Revolutionary Guard Corps, Hezbollah, Asa’ib Ahl al-Haq, Kata’ib
Hezbollah, or any other organization designated as a foreign
terrorist organization.
Modification of annual report on military power of Iran
The Senate committee-reported bill contained a provision
(sec. 1227) that would amend section 1245 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84) to include an assessment of the support provided by Iran,
and proxy groups affiliated with Iran, to non-state actors in
the Maghreb region.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
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We note that the requirement in this provision is
addressed elsewhere in this Act.
Modification of Ukraine Security Assistance Initiative
The Senate committee-reported bill contained a provision
(sec. 1232) that would amend section 1250 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) to provide an additional 2 years for the period of
performance across fiscal years under the Ukraine Security
Assistance Initiative (USAI). The provision would also waive
section 2571 of title 10, United States Code, with respect to
the use of reimbursable support from one component of the
Department of Defense to perform work on behalf of another
component in support of USAI.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Report on efforts to identify, disseminate, and implement
lessons learned from war in Ukraine
The Senate committee-reported bill contained a provision
(sec. 1235) that would require the Secretary of Defense to
provide a report on the efforts by the Department of Defense to
identify, disseminate, and implement lessons learned from the
war in Ukraine.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on Department of Defense efforts to
identify, disseminate, and implement throughout the Department
lessons learned from the war in Ukraine, not later than March
31, 2025. The report shall include the following:
(1) A description of the processes by which the
Secretary of Defense, the Joint Chiefs of Staff, the Secretaries
of the military departments, and the heads of Department of
Defense components are making efforts to identify, disseminate,
and implement throughout the Department lessons learned from the
war in Ukraine, including a description of any working group or
other initiative established or tasked to focus on such efforts
and the respective structure and focus area of any such group or
initiative;
(2) A detailed summary of significant findings and
recommendations resulting from such lessons-learned efforts; and
(3) An identification of the Department
organizations with lead responsibility for the implementation of
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each such significant recommendation, and a timeline with
milestones for implementation.
Review, report, and plan regarding logistics networks in North
America and Europe
The Senate committee-reported bill contained a provision
(sec. 1236) that would require the Secretary of Defense to
conduct a review of the adequacy of the logistics networks in
North America and Europe to support the operational and
contingency plans of the U.S. European Command.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to commence a review of
the adequacy of the logistics networks in North America and
Europe for supporting the operational and contingency plans of
the U.S. European Command not later than March 15, 2025. The
review shall include:
(1) An identification of critical logistical nodes
in North America and Europe necessary to support the operational
and contingency plans of the U.S. European Command;
(2) An identification of additional critical
logistical nodes that may be necessary to support such plans,
including any access, basing, or overflight agreements with
foreign partners that may be necessary; and
(3) An assessment of the capacity of the logistical
nodes identified under paragraphs (1) and (2) to meet the timephased force and deployment requirements of such plans,
including the facilities and equipment necessary to support such
requirements.
Based on the review, we further direct the Secretary to
submit a report and plan to the congressional defense committees
not later than June 15, 2025. The report shall include a summary
of the results of the logistics adequacy review. The plan shall
include timelines and assigned responsibilities for addressing
any deficiencies in the logistics networks described in that
subsection.
Report on defense industrial base cooperation with Ukraine and
other allies and partners in Europe
The Senate committee-reported bill contained a provision
(sec. 1238) that would require the Secretary of Defense to
submit a report on efforts to enhance United States defense
industrial base cooperation with Ukraine and other allied
partners in Europe.
The House bill contained no similar provision.
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The agreement does not include the Senate provision.
We note the importance of defense industrial base
cooperation between the United States, our allies, and Ukraine
to deter further Russian aggression and increase production.
Therefore, we direct the Secretary of Defense, acting through
the Under Secretary of Defense for Policy and the Under
Secretary of Defense for Acquisition and Sustainment, to submit
to the congressional defense committees, not later than 90 days
after the date of the enactment of this Act, a report on efforts
to enhance United States defense industrial base cooperation
with Ukraine and with other allies and partners in Europe. This
report shall include:
(1) A detailed list of objectives for enhancing
United States defense industrial base cooperation with Ukraine
and other allies and partners in Europe, and timelines and
metrics for evaluating the attainment of such objectives;
(2) An assessment of the current state of United
States defense industrial base cooperation with Ukraine and
other allies and partners in Europe, including the status of codevelopment, co-production, and technical data exchange efforts;
(3) A description of ongoing and planned
initiatives, programs, and activities designed to strengthen
United States defense industrial base cooperation with Ukraine
and other allies and partners in Europe;
(4) A description of initiatives identified by the
Ukraine Deal Team announced at the United States-Ukraine Defense
Industrial Base conference on December 6, 2023;
(5) A description of any statutory, regulatory, or
policy challenges that inhibit closer United States defense
industrial base cooperation with Ukraine and other allies and
partners in Europe; and
(6) Recommendations relating to United States
defense industrial base cooperation.
Indo-Pacific multilateral security assistance initiatives
The Senate committee-reported bill contained a provision
(sec. 1242) that would require the Secretary of Defense, with
the concurrence of the Secretary of State, to engage with
appropriate officials from Japan, Australia, and the Republic of
Korea for the purpose of establishing multilateral security
assistance initiatives with the national security forces of
mutual foreign partners in the Indo-Pacific region.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
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Implementation plan to support establishment of regional
contingency stockpile for Taiwan
The Senate committee-reported bill contained a provision
(sec. 1252) that would require the Secretary of Defense, in
coordination with the Secretary of State, to submit a multiyear
implementation plan for Department of Defense activities
necessary to support the establishment of a regional contingency
stockpile for Taiwan pursuant to section 5503(b) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117–263).
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that the President has been authorized to
establish a regional contingency stockpile for Taiwan pursuant
to section 5503(b) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 and that the Department
of Defense would be expected to perform certain functions if
that authority is exercised. Therefore, we direct the Secretary
of Defense, in coordination with the Secretary of State, to
provide, not later than March 31, 2025, to the congressional
defense committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives, a report on Department of Defense activities
that would be necessary to support the potential establishment
of such a regional contingency stockpile. The report should
include: (1) A description of any international agreement that
would be required to enable the establishment of such a
stockpile; (2) A list of Department of Defense equipment and
supplies, including the estimated quantities of such equipment
and supplies, that would be required to establish such a
stockpile; (3) An identification of any supplemental authorities
that would be necessary for the Department of Defense to support
the establishment of such a stockpile; (4) The identification of
any other Department of Defense resources that would be
necessary to establish such a stockpile; and (5) Any other
matter the Secretary of Defense considers relevant.
Assessment of use of Department of Defense facilities in Guam as
multinational training locations
The Senate committee-reported bill contained a provision
(sec. 1255) that would require the Secretary of Defense to
submit an assessment of the feasibility and advisability of
using existing Department of Defense facilities in Guam to host
training detachments of the military forces of foreign partner
countries on a permanent or rotational basis.
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The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense, not later than 180
days after the date of the enactment of this Act, to submit to
the congressional defense committees an assessment of the
feasibility and advisability of using existing Department of
Defense facilities in Guam to host training detachments of the
military forces of foreign partner countries on a permanent or
rotational basis. The required assessment shall include the
following:
(1) A description of the manner in which using
existing Department of Defense facilities in Guam to host
training detachments of the military forces of foreign partner
countries on a permanent or rotational basis may support the
objectives of the National Defense Strategy;
(2) A description of the benefits of hosting such
detachments at such facilities, including opportunities to
conduct bilateral and multilateral exercises;
(3) An identification of the facilities improvements
necessary to support such detachments at such facilities on a
permanent or rotational basis, including improvements necessary
for operational, support, and quality-of-life purposes;
(4) An identification of any memorandum of
understanding or other agreement necessary to enable the hosting
of such detachments at such facilities on a permanent or
rotational basis;
(5) A description of any challenges to hosting such
detachments at such facilities on a permanent or rotational
basis, including any counterintelligence or other consideration
and potential actions to mitigate such challenges; and
(6) Any other matter the Secretary considers
relevant.
Report on costs of meeting certain requirements of foreign
partners relating to agriculture, fisheries, and forestry
The Senate committee-reported bill contained a provision
(sec. 1256) that would require the Secretary of Defense to
submit a report on requirements relating to agriculture,
fisheries, and forestry imposed by the government of a foreign
partner on personnel and equipment of the U.S. Armed Forces in
the area of operations of the U.S. Indo-Pacific Command.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense, not later than 180
days after the date of the enactment of this Act, to submit to
the congressional defense committees a report on requirements
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relating to agriculture, fisheries, and forestry imposed by the
government of a foreign partner or U.S. state or territory, on
personnel and equipment of the U.S. Armed Forces in the area of
operations of the U.S. Indo-Pacific Command. At a minimum, the
required report shall include:
(1) A description of each requirement relating to
agriculture, fisheries, or forestry imposed by the government of
a foreign partner or U.S. state or territory on personnel and
equipment of the U.S. Armed Forces in the area of operations of
the U.S. Indo-Pacific Command, including an identification of
the applicable foreign partner.
(2) An estimate of the annual cost to the Department
of Defense associated with meeting such requirements, including
the number of days of labor by Department of Defense officials
associated with meeting such requirement;
(3) An assessment of the readiness cost of no longer
being able to operate or train at the given location;
(4) An estimate of the strategic impact of not being
able to use the port, installation, or training facility due to
a lack of compliance with the requirements delineated in (1);
(5) A description of efforts to mitigate such costs,
including, but not limited to, forward deployment of equipment
and consultations with applicable foreign partners, states, or
territories; and
(6) Any other matter the Secretary considers
relevant.
The required report shall be submitted in unclassified
form, but may include a classified annex.
Returning civic action teams to the Republic of the Marshall
Islands and the Federated States of Micronesia
The Senate committee-reported bill contained a provision
(sec. 1257) that would require the Secretary of Defense to
submit a report on the activities of civic action teams in the
Republic of Palau under the Palau Compact of Free Association
Act (Public Law 99–658) and the feasibility and advisability of
restoring the presence of civic action teams in the Republic of
the Marshall Islands and the Federated States of Micronesia, as
authorized under the Compact of Free Association Act of 1985
(Public Law 99–239) and the Compact of Free Association
Amendments Act of 2003 (Public Law 108–188).
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We support the restoration of civic action teams in the
Republic of the Marshall Islands and the Federated States of
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Micronesia, if deemed feasible and advisable by the Secretary of
Defense.
Annual report on military capabilities of allies and partners in
Indo-Pacific region
The Senate committee-reported bill contained a provision
(sec. 1259) that would require the Secretary of Defense to
submit a report in each of the next 5 years regarding the
military capabilities of allies and partners of the United
States in the Indo-Pacific region.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense, not later than July 1,
2025, to submit a report to the Committees on Armed Services of
the Senate and the House of Representatives on the defense
capabilities of allies and partners of the United States located
in the Indo-Pacific region, including treaty allies of the
United States, countries that host a significant U.S. military
presence, and any other foreign partner with which the United
States maintains a significant defense relationship.
The report shall include the following:
(1) A description of the size, posture,
capabilities, and readiness of the defense forces of the ally or
partner.
(2) A description of significant defense objectives
and activities of the ally or partner.
(3) An assessment of:
(a) the defense-related contributions of the
ally or partner to the achievement of mutual defense objectives;
and
(b) the ability of the ally or partner to
participate in bilateral or multilateral military or naval
operations with the U.S. Armed Forces; and
(4) A description of any other security development
relating to the defense capabilities of the ally or partner that
the Secretary of Defense considers to be relevant to U.S.
national security.
The required report may be submitted in classified form
with an unclassified summary.
Review, report, and plan on adequacy of logistics network in
Indo-Pacific region
The Senate comittee-reported bill contained a provision
(sec. 1260) that would require the Secretary of Defense to
conduct a review of the adequacy of the logistics network in the
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Indo-Pacific region for supporting the operational and
contingency plans of the U.S. Indo-Pacific Command. The
provision would also require the Secretary to provide a plan to
the congressional defense committees that includes timelines and
assigned responsibilities for addressing any deficiencies in the
logistics network identified during the review.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense, not later than 90 days
after the date of the enactment of this Act, to commence a
review of the adequacy of the logistics network in the IndoPacific region for supporting the operational and contingency
plans of the U.S. Indo-Pacific Command. At a minimum, the review
shall include:
(1) An identification of critical logistical nodes
in the Indo-Pacific region necessary to support the operational
and contingency plans of the U.S. Indo-Pacific Command;
(2) An identification of additional critical
logistical nodes that may be necessary to support such plans,
including any access, basing, and overflight agreements with
foreign partners that may be necessary; and
(3) An assessment of the capacity of the logistical
nodes identified under paragraphs (1) and (2) to meet the timephased force and deployment requirements of such operational and
contingency plans, including the facilities, equipment,
infrastructure other than Department of Defense infrastructure
(including airports, seaports, railways, and roads), and
workforce necessary to support such requirements.
Furthermore, we direct the Secretary, not later than 180
days after the date of the enactment of this Act, to submit a
report to the congressional defense committees that includes
detailed findings from the required review and a plan, including
timelines and assigned responsibilities, for addressing any
identified deficiencies of the logistics network in the IndoPacific region necessary to support the operational and
contingency plans of the U.S. Indo-Pacific Command. The required
report and plan may be submitted in classified form.
Fielding of a common operating picture with Taiwan
The Senate committee-reported bill contained a provision
(sec. 1260) that would require the Secretary of Defense to seek
to engage with appropriate officials of Taiwan for the purpose
of fielding capabilities to provide to the military forces of
Taiwan and the U.S. Indo-Pacific Command a common operating
picture.
The House bill contained no similar provision.
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The agreement does not include the Senate provision.
We support the fielding of capabilities to provide to the
military forces of Taiwan and the U.S. Indo-Pacific Command with
a common operating picture, consistent with the Taiwan Relations
Act (22 U.S.C. 3301 et seq.).
Report on cooperation between the Russian Federation and the
People’s Republic of China
The Senate committee-reported bill contained a provision
(sec. 1271) that would require the Secretary of Defense to
submit a one-time report regarding the military cooperation
between the Russian Federation and the People’s Republic of
China, and the implications of such cooperation for the national
security interests of the United States.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to submit to the
congressional defense committees, not later than July 1, 2025, a
report assessing defense cooperation among the People’s Republic
of China, the Russian Federation, the Islamic Republic of Iran,
and the Democratic People’s Republic of Korea. The report shall
include:
(1) A description of the changes in the nature of
the defense relationships among the four countries since
February 1, 2022;
(2) A review of military cooperation among the four
countries, including military exercises, technical cooperation
and technology sharing, weapons sales or donations, military-tomilitary dialogues, and military or technical lessons learned as
a result of the Russian war in Ukraine and the conflict in the
Middle East;
(3) An assessment of the extent to which specific
military cooperation among the four countries may complicate
routine U.S. operations;
(4) A review of supply chain cooperation among the
four countries in furtherance of their national security
objectives;
(5) A review of any cooperation among the four
countries regarding nuclear technology; and
(6) An assessment of the likely trajectories of
defense cooperation among the four countries through 2026.
Report on Department of Defense role in supporting international
legal operations
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The Senate committee-reported bill contained a provision
(sec. 1284) that would require the Secretary of Defense to
provide a report on Department of Defense support for whole-ofgovernment efforts to identify and expose malign actors’
international legal operations.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We are concerned that foreign interpretations or
applications of law that deliberately challenge the rules-based
international order, such as those of the People’s Republic of
China, the Russian Federation, the Islamic Republic of Iran, and
the Democratic People’s Republic of Korea, may directly or
indirectly undermine the national security interests of the
United States and its allies and partners.
Therefore, we direct the Secretary of Defense to provide a
briefing, not later than 180 days after the date of the
enactment of this Act, to the congressional defense committees
assessing the nature and effect of any foreign interpretation or
application of law that deliberately challenges the rules-based
international order and that materially undermines the national
security interests of the United States and its allies and
partners.
The briefing should include a description of the
methodology that the Department of Defense uses to determine
whether:
(1) Foreign interpretations or applications of law
that deliberately challenge the rules-based international order
are directly or indirectly counter to the national security
interests of the United States and its allies and partners;
(2) The effects of any such foreign interpretations
or applications of law materially undermine the national
security interests of the United States and its allies and
partners; and
(3) Challenges posed by any such foreign
interpretations or applications of law that materially undermine
the national security interests of the United States and its
allies and partners can be mitigated through Department of
Defense support for whole-of-government efforts.
Report and briefing on security implications of water scarcity
and food security for United States Central Command
The Senate committee-reported bill contained a provision
(sec. 1285) that would require the Secretary of Defense to
submit a report and provide a briefing to the congressional
defense committees on the feasibility and advisability of
including water scarcity and food security in the risk
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assessments and operational plans for the U.S. Central Command
area of responsibility.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Report and briefing on Al-Udeid Air Base in Qatar
The Senate committee-reported bill contained a provision
(sec. 1287) that would require the Secretary of Defense, not
later than 120 days after the date of the enactment of this Act,
to submit a report and provide a briefing to the congressional
defense committees on the operational value of Al-Udeid Air Base
in Qatar, taking into account its relationship with Hamas and
other terrorist organizations.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to submit a report and
provide a briefing to the congressional defense committees, not
later than June 1, 2025, on the operational value of the AlUdeid Air Base in Qatar, taking into consideration the presence
of Hamas and other United States-designated terrorist
organizations in Qatar. The report and briefing shall include:
(1) Whether the presence of Hamas and other United
States-designated terrorist organizations in Qatar undermines
the national security interests of the United States;
(2) The operational value of the Al-Udeid Air Base
in Qatar;
(3) The effect on United States Air Force operations
in the Middle East if the United States were to redeploy members
of the United States Air Force from Al-Udeid Air Base; and
(4) The resources that would be required to redeploy
members of the United States Air Force from Al-Udeid Air Base.
Independent assessment of technology release and foreign
disclosure reform initiative
The Senate committee-reported bill contained a provision
(sec. 1290) that would require the Comptroller General of the
United States to conduct an independent assessment of the
Department of Defense technology release and foreign disclosure
reform initiative required by section 918 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118-
31).
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Comptroller General of the United States to
conduct an independent assessment of the Department of Defense’s
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technology release and foreign disclosure reform initiative
required by section 918(d) of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118-31). The Comptroller
General shall submit a report to the congressional defense
committees on the results of this assessment not later than 1
year after the Department submits the report required under
paragraph (1) of section 918(d).
Modification of Regional Centers for Security Studies to provide
authority specific to Ted Stevens Center for Arctic Security
Studies
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6202) that
would modify section 342(i) of title 10, United States Code, to
include the Ted Stevens Center for Arctic Security Studies as a
regional center for security studies.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We direct the Secretary of Defense to provide a briefing,
not later than March 1, 2025, to the Committees on Armed
Services of the Senate and the House of Representatives, on:
(1) The number and percentage of attendees from
developing countries and, separately, the number and percentage
of attendees from non-developing countries, at the Ted Stevens
Center for Arctic Security Studies and the other Regional
Centers authorized by section 342 of title 10, United States
Code;
(2) Any recommendations for changes to policy or
guidance regarding waiving of non-developing country costs or
waiving other reimbursable costs of conferences, seminars,
courses of instruction, or similar educational activities at the
Centers;
(3) The total amount of costs that would be waived
should recommended changes to policy or guidance for the Centers
be implemented, disaggregated by country; and
(4) Any other information the Secretary deems
appropriate.
For the purpose of the required briefing, the terms
“developing country” and “non-developing country” shall have the
meaning prescribed under applicable provisions of chapter 16 of
title 10, United States Code.
Extension and modification of lend-lease authority to Ukraine
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6231) that
348
would extend the lend-lease authority to Ukraine as well as
require the Secretary of Defense to provide a report that
includes a description of the defense articles loaned or leased
to the Government of Ukraine, or to the government of an Eastern
European country impacted by the Russian Federation’s invasion
of Ukraine, under such authority and a strategy and timeline for
recovery and return of such defense articles.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Prohibition on use of funds for Wuhan Institute of Virology or
EcoHealth Alliance
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6243) that
would prohibit Department of Defense funding for the Wuhan
Institute of Virology, and EcoHealth Alliance, Inc. and any of
its subsidiaries.
The House bill contained a similar provision (sec. 1707).
The agreement does not include either provision.
We note that other provisions regarding this matter are
contained elsewhere in this Act.
TITLE XIII—OTHER MATTERS RELATING TO
FOREIGN NATIONS
SUBTITLE A—MATTERS RELATING TO EUROPE AND
RUSSIA
Sec. 1301 – Modifications to North Atlantic Treaty Organization
Special Operations Headquarters
The Senate committee-reported bill contained a provision
(sec. 1234) that would amend section 2350r of title 10, United
States Code, to update the name of the North Atlantic Treaty
Organization (NATO) Special Operations Headquarters to the NATO
Allied Special Operations Forces Command (SOFCOM), in accordance
with the NATO decision to modify the title and would also
increase the funding authorized in support of SOFCOM from $50.0
million to $55.0 million.
The House bill contained no similar provision.
The agreement includes the Senate provision.
349
Sec. 1302 – Extension and modification of training for Eastern
European national security forces in the course of multilateral
exercises
The Senate committee-reported bill contained a provision
(sec. 1233) that would amend section 1251 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) to extend the authority to train Eastern European national
security forces in the course of multilateral exercises through
December 31, 2027, and would also modify the authority to
include the Republic of Cyprus among the list of countries
eligible to receive such training.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1303 – Extension of prohibition on availability of funds
relating to sovereignty of the Russian Federation over
internationally recognized territory of Ukraine
The Senate committee-reported bill contained a provision
(sec. 1231) that would amend section 1245(a) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-236) to extend the prohibition of funds
authorized to be appropriated by this Act for fiscal year 2025
from being obligated or expended to implement any activity that
recognizes the sovereignty of the Russian Federation over the
internationally recognized territory of Ukraine.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1304 – Prohibition on New START Treaty information sharing
The House bill contained a provision (sec. 1231) that
would prohibit the Department of Defense from providing
notifications, biannual data exchange, inspection activities, or
telemetric activities to the Russian Federation in relation to
the New START Treaty, but provide a waiver on certain
conditions.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
SUBTITLE B—MATTERS RELATING TO THE INDOPACIFIC REGION
350
Sec. 1311 – Sense of Congress on defense alliances and
partnerships in the Indo-Pacific region
The House bill contained provisions (sec. 1089, 1311, and
1312) that would express the senses of Congress regarding
cooperation with the Philippines on maritime security, and South
Korea and Taiwan defense relations.
The Senate committee-reported bill contained a similar
provision (sec. 1263) that would express the sense of Congress
regarding the importance of alliances and partnerships in the
Indo-Pacific region.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1312 – Modification of Indo-Pacific Maritime Security
Initiative
The Senate committee-reported bill contained a provision
(sec. 1245) that would authorize support under the Indo-Pacific
Maritime Security Initiative to foreign non-military
governmental organizations that have maritime security missions
among their functional responsibilities when assistance is
necessary to enable the integration of the activities of
governmental organizations with the national military or other
security forces of a foreign partner.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1313 – Extension and modification of Pacific Deterrence
Initiative
The House bill contained a provision (sec. 1301) that
would extend the authority for the Pacific Deterrence Initiative
(PDI) and extend the requirements for reports and plans under
the initiative.
The Senate committee-reported bill contained a similar
provision (sec. 1243).
The agreement includes the House provision.
The conferees strongly support PDI as means to prioritize
Department of Defense efforts in support of enhancing U.S.
deterrence and defense posture, reassuring allies and partners,
and increasing readiness and capability in the Indo-Pacific
region, primarily west of the International Date Line. We direct
that, in future years, the PDI and the independent assessment of
the Commander, U.S. Indo-Pacific Command, required by section
1251 of the William M. (Mac) Thornberry National Defense
351
Authorization Act for Fiscal Year 2021 (Public Law 116-283), as
amended, fully account for the requirements of U.S. Forces-Korea
and U.S. Forces-Japan.
The budgetary display below captures investments included
in this Act that support the objectives of the PDI.
352
2
PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
MODERNIZED AND STRENGTHENED PRESENCE
Missile Procurement, Army
0214401A Patriot Mods ………………………………………….. 6,700 67,526
0604319A Indirect Fire Protection Capability ……………. 46,360
0208082A Lower Tier Air Missile Defnse Sensor ……….. 65,000
0208030A PrecisionStrike Missile (PrSM) …………………. 58,000
0605456A MSE Missile …………………………………………… 67,000
C91521 Family of Low Altitude Unmanned Systems 120,599
Other Procurement, Army
152 Theater MSV-L ships ………………………………. 76,660 104,676
B00010 USARPAC MDTF M-Drive …………………………. 2,500
0214400A IAMD Battle Command System ………………… 69,000 15,000 69,202
0211700A Night Vision Devices ………………………………. 9,298 4,508
0214400A Sentinel Mods ……………………………………….. 91,000
0216300A Army Watercraft Esp ………………………………. 30,113 19,459 6,469
0804734A Multi-Domain Intel …………………………………. 6,600
0219900A Training Devices, Nonsystem …………………… 12,300 9,829
020700A Synthetic Training Environment ……………….. 4,000
Other Procurement, Navy
0201490N Operating Forces Ipe ………………………………. 3,000
29 INDOPACOM UFR—Mission Network …………. 17,500
Procurement, Defense Wide
0208902C Guam Defense System ……………………………. 40,000 26,514 169,627 22,602
0908775D8Z Agile Procurement Transition Pilot …………… 70,000
Operation and Maintenance, Army
111087 GFMAP Directed Missions ……………………….. 97,700 122,574
121034 USARPAC Processing, Exploitation, and Dissemination ………………………………………… 39,000 39,000 39,236 4,849
121018 USARPAC MDTF Cloud Services ……………….. 3,500 3,951
0203803A Force Readiness Operations Support ………… 939 1,403 788
0202218A Force Readiness Operations Support ………… 5,927 21,127 24,435
0202218A Force Readiness Operations Support ………… 6,086
0605040A Cyberspace Activities—Cyberspace Operations ……………………………………………….. 1,500 2,104
0202116A Maneuver Units ……………………………………… 96,000
240 INDOPACOM UFR—Theater Campaigning …. 18,790 360,000
0804734A Training & Recruiting/Specialized Skills
Training ……………………………………………. 2,100
0202614A Operating Forces/Tactical SIGINT/PED Enhancements ………………………………………. 46,000 39,071
0202218A Operating Forces/Force ReadinessOps Support ………………………………………………….. 430 5,573
Operation and Maintenance, Navy
1CCS INDOPACOM MISO ………………………………….. 8,984
1CCS INDOPACOM UFR—MISO …………………………. 28,000
1CCH Service Support to INDOPACOM ……………….. 30,003 28,813
1CCM Service Support to INDOPACOM (Sub-Reg
Campaign Plan) ………………………………… 53,398 50,304
1CCM Service Support to INDOPACOM (Other Core
Missions) ………………………………………….. 12,593 12,695
0201490N Combatant Commanders Core Operations … 5,613 1,200 20,323
0901086N Combatant Commanders Core Operations … 400
0201160N Combatant Commanders Direct Mission
Support …………………………………………….. 62,851 51,866
0201114N Cyberspace Activities ……………………………… 2,484 2,613
0201490N Combatant Commanders Core Operations … 13,809
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3
PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
0201114N Combatant Commanders Direct Mission
Support …………………………………………….. 10,000
0201204N Combatant Commanders Direct Mission
Support …………………………………………….. 12,812 8,600
0201114N Combatant Commanders Direct Mission
Support …………………………………………….. 43,970
0303103N Combatant Commanders Direct Mission
Support …………………………………………….. 4,138 10,870
0303140N Cyberspace Activities ……………………………… 2,100
0204304N Weapons Maintenance ……………………………. 21,900
0204282N Cyberspace Activities ……………………………… 1,500
1CCM MPE: Service Support to Other Nations
INDOPACOM ………………………………………. 16,194 16,518
1CCM INDOPACOM UFR—Critical Manpower Positions …………………………………………………. 4,600
1CCM INDOPACOM UFR—Enhanced ISR Augmentation …………………………………………. 41,000
1D4D Missile Defense, Navy Area …………………….. 88,817 120,567
1A1A Unit Deployment Program ……………………….. 135,653 134,625
1A1A Marine Expeditionary Unit ……………………….. 35,334 35,065
1A1A III MEF Operating Budget ……………………….. 298,430
1A1A Mission and Other Flight Operations ……….. 468,120 524,946 533,284
MISC Weapons Maintenance ……………………………. 153 361 932
1CCM INDOPACOM UFR—Theater Campaigning …. 18,067 36,000 53,000
1CCM INDOPACOM UFR—Mission Network …………. 106,500
0203498N Combat Support Forces ………………………….. 93 190
0205604N MASF ……………………………………………………. 15,500
Operation and Maintenance, Marine Corps
1A1A III MEF Operating Budget ……………………….. 298,430
1A1A Operational Forces: Marine Rotational
Force-Darwin ……………………………………… 45,000 46,350
1A1A Unit Deployment Program ……………………….. 48,000 56,932
1A1A Marine Expeditionary Unit ……………………….. 4,526 3,755
BSS1 Base Operating Support …………………………. 110,335
1A1A INDOPACOM UFR—Theater Campaigning …. 14,093 8,000 47,000
0202056M Base Operating Support …………………………. 2,861 3,422
0202057M Base Operating Support …………………………. 1,027 1,225
0206479M Base Operating Support …………………………. 70,782 58,719
0208212M Base Operating Support …………………………. 4,022 4,140
0208532M Base Operating Support …………………………. 2,511 3,003
0208534M Base Operating Support …………………………. 3,596 3,642
0208538M Base Operating Support …………………………. 240 245
0208540M Base Operating Support …………………………. 4,181 4,188
0208541M Base Operating Support …………………………. 1,983 2,023
0208550M Base Operating Support …………………………. 26 3,060
0208553M Base Operating Support …………………………. 843 984
0208853M Base Operating Support …………………………. 955 1,074
0208854M Base Operating Support …………………………. 866 986
0360111M Base Operating Support …………………………. 3,061
0390110M Base Operating Support …………………………. 7 7
0701111M Base Operating Support …………………………. 707 727
0708542M Base Operating Support …………………………. 5,151 5,915
0808519M Base Operating Support …………………………. 14,163 14,538
0808520M Base Operating Support …………………………. 8,064 9,083
0808530M Base Operating Support …………………………. 18,836 12,921
0901212M Base Operating Support …………………………. 2,043 89
0202150M Operational Forces …………………………………. 61,233 52,809
0206126M Operational Forces …………………………………. 22,001 22,566
0206211M Operational Forces …………………………………. 95,617 86,924
0206312M Operational Forces …………………………………. 210,835 227,791
0206315M Operational Forces …………………………………. 17,965 29,346
0305251M Operational Forces …………………………………. 500 700
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PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
Operation and Maintenance, Air Force
011A Improve Posture and Presence ………………… 130,970 149,482 137,361 142,513
011C Improve Posture and Presence ………………… 146,597 154,439 93,360 97,504
011M Improve Posture and Presence ………………… 291,000 395,393 422,334 427,801
011W Improve Posture and Presence ………………… 1,076,000 1,224,185 1,329,927 1,261,508
011Y Improve Posture and Presence ………………… 819,655 798,902 777,034 826,916
011Z Improve Posture and Presence ………………… 534,646 584,742 387,804 416,631
012C Improve Posture and Presence ………………… 88,192 89,956 56,539 54,974
012D Improve Posture and Presence ………………… 1,704 25,010
012F Improve Posture and Presence ………………… 862 880 1,793 1,832
042A Improve Posture and Presence ………………… 2,186 2,229 521 1,581
042B Improve Posture and Presence ………………… 276 161
021A INDOPACOM UFR—Theater Campaigning …. 18,917 104,000 89,500
0208064F Cyberspace Activities ……………………………… 1,500 2,100
0305834F Cyberspace Activities ……………………………… 22,910
0207969F Primary Combat Forces …………………………… 96,000 96,000
Operation and Maintenance, Defense-Wide
011A MDA: Guam THAAD Battery & AN/TPY–2
Radar ……………………………………………….. 12,800 12,536 12,464 12,729
011A MDA: USFK THAAD Battery & AN/TPY–2
Radar ……………………………………………….. 13,000 8,728 14,141 14,441
011A MDA: Japan FBM TPY–2 (Radar 1 and 2) … 24,900 29,476 24,483 25,016
1PLR SOCPAC/SOCKOR Operations and Support … 37,027 45,685 31,094 35,209
1GTM INDOPACOM UFR—Information Operations .. 27,500
1PLR INDOPACOM UFR—Theater Campaigning …. 9,034
0208085JCY Cyberspace Operations …………………………… 10,800 2,700
0305251JCY Cyberspace Operations …………………………… 4,500 4,621
0306250JCY Cyberspace Operations …………………………… 21,520 30,580
Research and Development, Army
0604114A Lower Tier Air Missile Defense (LTAMD) Sensor ……………………………………………………. 383,688 30,285
0604759A Major T&E Investment ……………………………. 3,109 3,197 3,269
0604820A Radar Development ………………………………… 15,066
0604827A Soldier Systems—Warrior Dem/Val ………….. 16,363
0605457A Army Integrated Air and Missile Defense
(AIAMD) …………………………………………….. 80,000 37,826 192,481
0605235A Strategic Mid-Range Capability ………………. 5,016 40,177 721
0606002A Ronald Reagan Ballistic Missile Defense
Test Site …………………………………………… 22,382 22,880
0607865A Patriot Product Improvement …………………… 46,545 15,030
0604741A Air Defense Command, Control and Intelligence ……………………………………………… 1,004
060504A Cyber Space Activities ……………………………. 1,500
0604037A Classified Programs ……………………………….. 10,000
0605235A System Dev, Demo/Strategic MRC ……………. 395,000 721
0605231A System Dev, Demo/PrSM …………………………. 196,000
Research and Development, Navy
0603734N INDOPACOM UFR—Non-Traditional F2T2 Capability ……………………………………………… 400,000
0604601N INDOPACOM UFR—Sea Urchin powered
quickstrike mines ………………………………. 10,000
0604601N INDOPACOM UFR—Hammerhead ……………… 47,500
0604231N Command and Control Systems ………………. 2,309
Research and Development, Air Force
0102417F Talon TACMOR Palau ……………………………… 42,300 5,111
0207325F INDOPACOM UFR—JASSM software update 12,000
0207142F F–35 Squadrons …………………………………….. 42,361
0401218F KC–135s ……………………………………………….. 23,894
0207412F Control and Reporting Center ………………….. 2,012
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PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
Research and Development, Defense-Wide
0603892C INDOPACOM UFR—Guam Defense System … 89,200
0603915C INDOPACOM UFR—Guam Defense System … 14,400
0604102C INDOPACOM UFR—Guam Defense System … 60,000 147,000
0604102C INDOPACOM UFR—Joint Fires Network …….. 174,000
0604250D8Z INDOPACOM UFR—Sea Urchin powered
quickstrike mines ………………………………. 30,000
0604102C Guam Defense Development ……………………. 383,486 385,132 399,787
0604102C INDOPACOM UFR—Guam Defense System … 76,500
0603892C AEGIS BMD ……………………………………………. 45,000 80,400 165,530
0604878C Aegis BMD Test ……………………………………… 42,062 6,078
0604878C INDOPACOM UFR—Guam Defense System … 1,200
0603896C Ballistic Missile Defense Command & Control, Battle Management & Comm. ………. 20,000 38,490 53,468
0604879C Ballistic Missile Defense Sensor Test ………. 17,452 4,879
0603915C Ballistic Missile Defense Targets …………….. 53,029 68,323
0603914C Ballistic Missile Defense Test …………………. 7,000 15,044
0603890C BMD Enabling Programs …………………………. 18,000 441 690
0208059JCY CYBERCOM Activities ……………………………… 21,680
0208085JCY Robust Infrastructure and Access ……………. 2,300
0306250JCY Cyber Operations Technology Support ………. 7,480 21,420
0605027D8Z Agile Procurement Transition Pilot …………… 7,564
Subtotal, MODERNIZED AND STRENGTHENED
PRESENCE ………………………………………… 4,091,597 6,460,542 8,072,140 7,059,351
EXERCISES, TRAINING, EXPERIMENTATION
Other Procurement, Army
0219900A Training Devices ……………………………………. 16,300 9,829
Other Procurement, Navy
0204571N Weapons Range Support Equipment ………… 30,000
0204571N Training and Education Equipment ………….. 31,500 32,500
0208550N Training and Education Equipment ………….. 28,960
0201490N Operating Forces Ipe ………………………………. 2,800 3,000 26,464
Procurement, Marine Corps
0206335M Common Aviation Command and Control
System ……………………………………………… 2,000
0360110M Marine Corps Enterprise Network (MCEN) …. 6,600
Other Procurement, Air Force
0207429F Combat Training Ranges ………………………… 193,791
0207430F Base Maintenance Support Vehicles ………… 47,105
0208028F Base Maintenance Support Vehicles ………… 147,238
0208028F Cargo and Utility Vehicles ………………………. 5,078
0204424F Engineering and EOD Equipment …………….. 153
Operation and Maintenance, Army
115 Land Forces Operations Support ……………… 4,419 4,722
115012 Exportable Combat Training Center Rotations …………………………………………………. 234,661
114 Theater Level Assets for Exercises …………… 195,827 214,000
0305169A Servicewide Communications ………………….. 9,583 9,645 8,835
0202158A Echelons Above Brigade …………………………. 13,538 7,520
0202214A Force Readiness Operations Support ………… 25,580 105,908 93,810
0202218A Force Readiness Operations Support ………… 4,851 3,114
0202117A Maneuver Units ……………………………………… 397,574 24,953 23,442
0202212A Force Readiness Operations Support ………… 11,850 8,580
0202548A Theater Level Assets ………………………………. 325,649
0303030A Force Readiness Operations Support ………… 1,085
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PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
Operation and Maintenance, Navy
1CCM Pacific Multi-Domain Training and Experimentation Capability ………………………….. 66,519
1CCM INDOPACOM UFR—Pacific Multi-Domain
Training and Experimentation Capability 59,410 19,000
1CCM INDOPACOM UFR—Wargaming Analytical
Tools ………………………………………………… 88,000 22,000
0201114N Planning, Engineering, and Program Support ………………………………………………….. 1,400 1,400
0204140N Combat Support Forces ………………………….. 1,510 1,510
0201114N Combatant Commanders Direct Mission
Support …………………………………………….. 58,324 75,925
0204571N Warfare Tactics ……………………………………… 9,000 45,720 37,943
Operation and Maintenance, Marine Corps
1A1A MARFORPAC Training Exercise Employment
Plan …………………………………………………. 44,071 46,593
0201204M Base Operating Support …………………………. 500
0208212M Base Operating Support …………………………. 28,810 6,110
0206335M Field Logistics ……………………………………….. 500 500
0206211M Operational Forces …………………………………. 4,564
0206312M Operational Forces …………………………………. 43,593 34,950 35,225
0206315M Operational Forces …………………………………. 19,200 21,171
Operation and Maintenance, Air Force
011D/044A Exercises, Training, and Experimentation …. 6,998 6,210 177,747 175,138
012D Exercises, Training, and Experimentation …. 197 202
011R Exercises, Training, and Experimentation …. 13,300
011Z Exercises, Training, and Experimentation …. 300 34,000
012A Exercises, Training, and Experimentation …. 1,000 1,000
032C Exercises, Training, and Experimentation …. 588 762 794 809
033C Exercises, Training, and Experimentation …. 3,713 3,787 5,102 4,611
033D Exercises, Training, and Experimentation …. 460 469
0207603F Air Operations Training …………………………… 74,000 29,000
0207701F Air Operations Training …………………………… 66,192 37,393
0207479F Base Support ………………………………………… 34,000
0207500F Base Support ………………………………………… 300
0202176F Facilities Sustainment, Restoration & Modernization ………………………………………….. 13,300 193,754
0305114F Global C3I and Early Warning …………………. 1,000 1,000
Operation and Maintenance, Defense-Wide
0804768J Joint Chiefs of Staff—JTEEP …………………… 173,000 173,000 186,837
8PL1 INDOPACOM UFR—Joint Exercise Program .. 35,100
1PLR SOCPAC/SOCKOR Exercises ……………………… 22,573 18,386 19,164 21,202
Research and Development, Navy
0605853N Management, Technical, International Support ………………………………………………….. 15,819 20,336 23,810
Research and Development, Army
0532545A Systems Dev & Demo/Theater level assets .. 2,700
0607312A Operational Systems Development …………… 1,500
0604121A AdvComponent Dev & Prototype/Synthetic
Training Environment …………………………. 2,500
0605301A Army Kwajalein ……………………………………… 285,940
0604715A Non-system Training Devices ………………….. 6,212
Research and Development, Defense-wide
0604250D8Z Advanced Innovative Technologies …………… 906,858 970,526 910,426
0604790D8Z Rapid Defense Experimentation Reserve …… 53,149
0604331D8Z Rapid Prototyping Program ……………………… 65,400
0603941D8Z Test & Evaluation Science & Technology ….. 10,000
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PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
Subtotal, EXERCISES, TRAINING, EXPERIMENTATION ……………………………………….. 696,017 2,004,846 2,025,025 3,171,588
INFRASTRUCTURE IMPROVEMENTS
Military Construction, Navy
Guam P–519 X-Ray Wharf Berth 2 ………….. 51,900
Guam Joint Communication Upgrade (INC) 84,000 31,330
Japan Yokuska Pier 5 (Berths 2 and 3)
(INC) ………………………………………………… 15,292
Japan Yokuska Ship Handling & Combat
Training Facilities ………………………………. 49,000
INDOPACOM UFR: PDI Planning and Design 68,000 50,000
Australia Aircraft Parking Apron (INC) ……… 72,446 134,624
Hawaii Missile Magazines ………………………. 10,000
Guam Brown Tree Snake Exclusion Barrier
South ……………………………………………….. 14,497
Guam Ground Combat Element Inf Btn 1 &
2 Fac ……………………………………………….. 69,314
Guam 9th Engineer Support Battalion Ops.
Fac. ………………………………………………….. 35,188
Guam 9th Eng Supp Battalion Equip &
Main Fac …………………………………………… 41,590
Japan Kadena Marine Corps Barracks Complex ………………………………………………….. 31,300
Japan Kadena Marine Corps Bachelor Enlisted Quarters …………………………………… 29,100
Planning & Design, Marine Corps ……………. 59,700 25,849 36,174
Planning & Design, Navy ………………………… 62,195 349,709
INDOPACOM UFR: Planning & Design ………. 69,000
Guam 9th ESB Training Complex …………….. 27,536
Guam Artillery Battery Facilities ………….. 137,550
Guam Consolidated MEB HQ/NCIS PHII … 19,740
Guam Joint Consol. Comm. Center (INC) ….. 107,000
Guam Missile Integration Test Facility ……… 56,140
Guam Satellite Communications Facility
(INC) ………………………………………………… 56,159
Guam Training Center ……………………………. 89,640
Australia Darwin Aircraft Maintenance
Hangar ……………………………………………… 32,380
Australia Darwin Maintenance Support Facilities ………………………………………………. 62,320
Guam Earth Covered Magazines ……………… 42,439
Guam Defense Access Roads ………………….. 100,000
Guam HSC–25 Hangar Replacement ……….. 50,000
Minor Construction, Marine Corps ……………. 37,800
Minor Construction, Navy ………………………… 63,400
Military Construction, Air Force
RAAF Darwin Sq Ops Facility …………………… 7,400
RAAF Tindal Aircraft Maint Spt Fac …………. 6,200
RAAF Tindal Sq Ops Facility ……………………. 8,200
Guam LRM Anderson Airfield Dmg Repair
Warehouse ………………………………………… 30,000
Guam LRM Anderson Hayman Munitions
Storage Igloos MSA 2 …………………………. 9,824
Guam LRM Anderson Munitions Storage Igloos IV ………………………………………………. 55,000
Alaska JB Elmendorf-Richardson Extend
Runway (Inc.) ……………………………………. 79,000 107,500
Japan Kadena Airfield Damage Repair Storage Facility ……………………………………….. 38,000
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8
PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
Japan Kadena Helicopter Rescue Ops Maintenance Hangar …………………………………. 35,000 71,000
Japan Kadena Replace Munitions Structures 26,100
Japan Misawa Airfield Damage Repair Facility …………………………………………………. 25,000
Japan Yokota Construct CATM Facility ……… 25,000
Japan Yokota C–130J Corrosion Control
Hangar ……………………………………………… 67,000 10,000
Planning and Design ……………………………… 27,200 12,424
INDOPACOM Add—Planning and Design ….. 20,000
Japan Kadena Theater A/C Corrosion Control
Ctr (INC) …………………………………………… 17,000
Mariana Islands Tinian Fuel Tanks w/Pipeln
& Hydrant Sys (INC) …………………………… 92,000 21,000
Mariana Islands Tinian Airfield Development
Phase 1 (INC) ……………………………………. 58,000 26,000
Mariana Islands Tinian Parking Apron (INC) 41,000 32,000
RAAF Tindal Aircraft Maintenance Support
Facility ……………………………………………… 17,500
RAAF Darwin Squadron Operations Facility .. 26,000
RAAF Tindal Squadron Operations Facility … 20,000
RAAF Tindal Bomber Apron ……………………… 93,000
Japan Kadena Helo Rescue Ops Maintenance Hangar Inc 3 …………………………… 46,000
Guan North Aircraft Parking Ramp (Inc) ….. 109,000
Japan Kadena Theater A/C Corrosion Control
Ctr, Inc …………………………………………….. 42,000
Philippines Cesar Basa Transient Aircraft
Parking Apron ……………………………………. 35,000
FSM Yap Runway Extension …………………….. 96,000
FSM IAP Runway Extension ……………………… 50,000
FSM Yap Airfield Pavement Upgrades ………. 50,000
FSM Port and Harbor Improvements ………… 50,000
Japan Kadena Theater A/C Corrosion Control
Ctr, Inc …………………………………………….. 57,700
Japan Kadena Communications Center Design ………………………………………………….. 9,000
Palau TACMOR Utilities and Infrastructure
Support …………………………………………….. 20,000
Palau Harbor Wharf Improvements ………….. 50,000
Design ………………………………………………….. 117,590
Minor Construction …………………………………. 19,000
Military Construction, Army
Hawaii Ammunition Storage ……………………. 51,000
Japan Vehicle Maintenance Shop …………….. 0 80,000
Guam National Guard Readiness Center Addition ……………………………………………….. 34,000
Guam Battalion Headquarters …………………. 47,000
Guam Environmental Mitigation ………………. 23,000
Guam Forward Operating Sites ……………….. 75,000
INDOPACOM Minor Construction Pilot ……….. 66,600
0901211A Planning & Design …………………………………. 11,000 11,000 26,011
Minor Construction …………………………………. 8,000
Military Construction, Defense-Wide
Hawaii JBPHH Primary Electrical Distribution ………………………………………………….. 25,000
Japan Iwakuni Fuel Pier …………………………. 57,700
Japan Kadena Truck Unload Facilities ……… 22,300
Japan Kadena Operations Support Facility .. 24,000
Japan Misawa Additive Injection Pump and
Storage Sys ……………………………………….. 6,000
Japan Yokota Hangar/AMU ……………………… 33,100
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9
PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
Japan Iwakuni Bulk Storage Tanks PH 1 ….. 85,000
Japan Yokota Bulk Storage Tanks PH 1
(INC) ………………………………………………… 44,000
Japan Yokota Operations and Warehouse
Facilities …………………………………………… 72,154
Guam Electrical Distribution System ………… 34,360
MDA: Planning & Design ………………………… 39,000 1,035
MDA: Planning & Design ………………………… 33,360
INDOPACOM Add—Unspecified Minor
MILCON …………………………………………….. 16,130
0804768J Exercise Related Minor Construction ………… 7,659 4,331
SOF Maintenance Hangar ……………………….. 88,900
SOF Composite Maintenance Facility ……….. 11,400
INDOPACOM Add—Military Construction
Pilot Program …………………………………….. 150,000
INDOPACOM Add—Unspecified Minor
MILCON …………………………………………….. 62,000
Guam Command Center …………………………. 147,212
Guam EIAMD, PH 1 ………………………………… 238,267
Japan Camp Fuji Microgrid and Backup
Power ……………………………………………….. 45,870
Military Construction, INDOPACOM
INDOPACOM Minor Construction Pilot ……….. 150,000
Other Procurement, Army
0310700A Automated Data Processing Equip …………… 8,015
Operation and Maintenance, Army
0202021A Land Forces Systems Readiness ……………… 50
0202219A Force Readiness Operations Support ………… 14,200
0305103A Cyberspace Activities—Cyberspace Operations ……………………………………………….. 9,300
0202117A Maneuver Units ……………………………………… 62
Operation and Maintenance, Army National
Guard
0305103A Cyberspace Activities—Cyberspace Operations ……………………………………………….. 500
Operation and Maintenance, Air Force
Infrastructure Improvements …………………… 404,265 412,350 256,049 256,219
0202176F Facilities Sustainment, Restoration & Modernization ………………………………………….. 199,907 193,754
0204424F Other Combat Ops Spt Programs …………….. 1,009 1,105
0208028F Other Combat Ops Spt Programs …………….. 61,360
Operation and Maintenance, Marine Corps
BSM1 Facilities Sustainment, Restoration, and
Modernization ……………………………………. 112,136 127,167
BSM1 Facilities Sustainment, Restoration, and
Modernization ……………………………………. 4,101 30,000
BSM1 Facilities Sustainment, Restoration, and
Modernization ……………………………………. 93,744 85,912
Operation and Maintenance, Navy
0201114N Planning, Engineering, and Program Support ………………………………………………….. 63,660 66,320 66,325
Operation and Maintenance, Defense Wide
1PLV SOCPAC/SOKCOR Equipment Support, Operations, & Sustainment ……………………….. 5,085 2,294 915 8,190
Subtotal, INFRASTRUCTURE IMPROVEMENTS 1,476,702 1,760,034 2,345,852 2,859,745
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10
PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
LOGISTICS AND PREPOSITIONING OF
EQUIPMENT
Other Procurement, Army
151 Army Watercraft …………………………………….. 26,687 47,889
0216300A Maneuver Support Vessel (MSV) ………………. 104,676 91,043
0216300A Distribution Systems, Petroleum & Water …. 7,800 7,975
9999 Classified Programs ……………………………….. 136,962
Aircraft Procurement, Air Force
0202834F Aircraft Replacement Support Equipment …. 17,877
Other Procurement, Air Force
0305114F Air Traffic Control & Landing Sys ……………. 21,000
0207429F Combat Training Ranges ………………………… 47,800
0207604F Combat Training Ranges ………………………… 241,660
0204424F Engineering and EOD Equipment …………….. 140 153
0208028F Engineering and EOD Equipment …………….. 9,543
0208031F Fuels Support Equipment (FSE) ……………….. 186,818 2,652
0401135F Mobility Equipment ………………………………… 105,655 3,845
0207430F Base Maintenance Support Vehicles ………… 4,074
0208028F Base Maintenance Support Vehicles ………… 141,589
0208028F Cargo and Utility Vehicles ………………………. 4,655
0901279F Fire Fighting/Crash Rescue Vehicles ………… 13,260
0702831F Joint Light Tactical Vehicle …………………….. 39,543
0208028F Materials Handling Vehicles ……………………. 8,399
0208028F Runway Equipment ………………………………… 2,110
0208028F Special Purpose Vehicles ………………………… 51
0702831F Special Purpose Vehicles ………………………… 72,396
Operation and Maintenance, Army
0208031A Army Prepositioned Stocks ………………………. 63,457 52,652 54,148 54,498
0406030A Army Prepositioned Stocks ………………………. 1,587 1,635 1,425
0406029A Strategic Mobility …………………………………… 8,092 16,248 16,646
Operation and Maintenance, Army Reserve
0532538A Echelons Above Brigade …………………………. 34
Operation and Maintenance, Navy
1CCH Movement Coordination Center ………………… 4,200
1CCH INDOPACOM UFR—Movement Coordination
Center ………………………………………………. 500 2,400
1CCY Logistics Support Activities …………………….. 7,033 8,520
1D4D Logistics Support Activities …………………….. 53,355 49,754
0201490N Combatant Commanders Core Operations … 4,200
0201114N Combatant Commanders Direct Mission
Support …………………………………………….. 8,100 28,039
0702898N Weapons Maintenance ……………………………. 1 1
9999 Classified Programs ……………………………….. 1,014,940
Operation and Maintenance, Marine Corps
1B1B MARFORPAC Maritime Prepositioning
Force—MARCORLOGCOM ……………………. 2,206 2,568
1B1B Maritime Prepositioning ………………………….. 2,295 39,938
Operation and Maintenance, Air Force
011D Improved Logistics and Prepositioning of
Equipment ………………………………………… 93,475 82,110
012A Improved Logistics and Prepositioning of
Equipment ………………………………………… 103,785 109,684 65,739 67,923
012C Improved Logistics and Prepositioning of
Equipment ………………………………………… 164,451 9,164
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PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
021A Improved Logistics and Prepositioning of
Equipment ………………………………………… 26,662 30,131 24,848 29,996
021D Improved Logistics and Prepositioning of
Equipment ………………………………………… 5,501 7,665 2,924 3,050
041A Improved Logistics and Prepositioning of
Equipment ………………………………………… 60,126 57,966 1,009 1,031
042G Improved Logistics and Prepositioning of
Equipment ………………………………………… 10,572 12,284 25,447 33,947
Operation and Maintenance, Defense-Wide
0908775D8Z Agile Procurement Transition Pilot …………… 15,000
Subtotal, LOGISTICS AND PREPOSITIONING
OF EQUIPMENT ………………………………….. 359,884 500,068 1,479,933 1,549,329
DEFENSE AND SECURITY CAPABILITIES OF
ALLIES AND PARTNERS
Other Procurement, Army
0210300A CBRN Defense ……………………………………….. 1,272 1,580 1,242
9999 Classified Programs ……………………………….. 2,148 2,170
Operation and Maintenance, Air Force
834010/012F/1CCM MPE/Bices …………………………………………….. 15,050 17,120
012A Building Defense and Security Capabilities
of Allies and Partners ………………………… 4,357 1,773
043A Building Defense and Security Capabilities
of Allies and Partners ………………………… 405 548 548 48
044A Building Defense and Security Capabilities
of Allies and Partners ………………………… 1,518 3,128 3,240 3,307
0303150F Global C3I and Early Warning …………………. 30,000
Operation and Maintenance, Army
111087 SFAB/MDTF Deployments …………………………. 48,000 110,000 24,953 10,210
0202219A Force Readiness Operations Support ………… 5,000
0202614A Force Readiness Operations Support ………… 39,236
411 Security Programs ………………………………….. 2,170 2,170
Operation and Maintenance, Army National
Guard
0509399A Admin and Servicewide Activities ……………. 7,000
Operation and Maintenance, Navy
1CCM Mission Partner Environment …………………… 36,268
1CCM INDOPACOM UFR—Mission Partner Environment ………………………………………………… 50,170
1CCM INDOPACOM UFR—Future Fusion Centers … 3,300
1CCM INDOPACOM UFR—Joint Training Team ……. 28,000 49,000
0201490N Combatant Commander Core Operations ….. 19,000 19,500 2,720
0201492N Combatant Commander Core Operations ….. 5,170 5,321
1CCH INDOPACOM UFR—Asia Pacific Regional
Initiative …………………………………………… 8,000
0201114N Combatant Commanders Direct Mission
Support …………………………………………….. 19,750 44,750 49,250
1001004N Combatant Commanders Direct Mission
Support …………………………………………….. 16,518 33,696 8,139
0204217N Weapons Maintenance ……………………………. 40,299 43,575 41,999
Operation and Maintenance, Defense-Wide
1002200T DSCA Sec. 333/332/MSI ………………………….. 370,095 416,393 515,707
1002201T Defense Security Cooperation Agency ……….. 450,957
1002201T Taiwan Security Cooperation Initiative ……… 300,000
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PACIFIC DETERRENCE INITIATIVE AUTHORIZATION FOR FISCAL YEAR 2025—Continued
(In Thousands of Dollars)
Line Program FY 2022
Authorized
FY 2023
Authorized
FY 2024
Authorized
FY 2025
Authorized
1150491BB Special Operations Command Theater
Forces ………………………………………………. 9,523 10,144 10,351
Subtotal, DEFENSE AND SECURITY CAPABILITIES OF ALLIES AND PARTNERS …….. 488,538 732,819 783,604 938,657
Total …………………………………………………….. 7,112,738 11,458,309 14,706,554 15,578,670
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Sec. 1314 – Indo-Pacific extended deterrence education pilot
program
The Senate committee-reported bill contained a provision
(sec. 1247) that would authorize the Secretary of Defense, using
the authorities provided in chapter 16 of title 10, United
States Code, and other applicable statutory authorities
available to the Secretary, to establish a pilot program,
including an international defense personnel exchange program,
to support the education of covered personnel of Australia,
Japan, or the Republic of Korea in matters related to nuclear
deterrence, nuclear strategy, nuclear defense strategy, or other
related matters.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
SUBTITLE C—MATTERS RELATING TO TAIWAN
Sec. 1321 – Modification of reporting requirement for transfer
of defense articles and defense services to Taiwan
The Senate committee-reported bill contained a provision
(sec. 1251) that would amend paragraph (3) of section 1259A(b)
of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115–91) to clarify that the required report may be
submitted in classified form.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1322 – Establishment of program between the United States
and Taiwan for military trauma care
The Senate committee-reported bill contained a provision
(sec. 1246) that would require the Secretary of Defense, in
coordination with the Secretary of State, to seek to engage with
appropriate officials of Taiwan for the purpose of establishing
a joint program on military trauma care and research consistent
with the Taiwan Relations Act (Public Law 96-8).
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would authorize the Secretary of Defense, in
consultation with the Secretary of State, to establish a joint
program on military trauma care with appropriate personnel of
the military forces of Taiwan, consistent with the Taiwan
Relations Act.
364
Sec. 1323 – Taiwan security cooperation initiative
The Senate committee-reported bill contained a provision
(sec. 1241) that would authorize the Indo-Pacific Security
Assistance Initiative, under which the Secretary of Defense
would be authorized to provide the foreign military and national
security forces and ministries of defense, or security agencies
serving a similar defense function, of foreign partners in the
Indo-Pacific, and regional organizations with security missions
in the Indo-Pacific region, with security assistance utilizing
the authorities provided in chapter 16 of title 10, United
States Code, and other applicable statutory authorities
available to the Secretary.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would authorize the Secretary of Defense, with
the concurrence of the Secretary of State, to provide the
military, central government security forces, and central
government security agencies of Taiwan and civilian central
governmental entities of Taiwan that have among their functional
responsibilities the support of military and central government
security forces with appropriate assistance to enable Taiwan to
maintain sufficient self-defense capabilities consistent with
the Taiwan Relations Act (Public Law 96-8).
Sec. 1324 – Sense of Congress regarding invitation to Taiwan to
the Rim of the Pacific exercise
The House bill contained a provision (sec. 1318) that
would require the Secretary of Defense to invite the naval
forces of Taiwan to any Rim of the Pacific Exercise that is to
take place following the date of enactment of this Act.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would express the sense of Congress that the
naval forces of Taiwan may be invited to participate in the Rim
of the Pacific exercise, as appropriate, conducted in 2025.
SUBTITLE D—COORDINATING AUKUS ENGAGEMENT
WITH JAPAN
Sec. 1331 – Definitions
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6299D) that
365
would define certain terms related to the Australia, United
Kingdom, United States partnership.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1332 – Sense of Congress
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6299E) that
would express the sense of Congress regarding the Australia,
United Kingdom, and United States partnership and Japan.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1333 – Engagement with Japan on AUKUS Pillar Two
Cooperation
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6299F) that
would require the State Australia, United Kingdom, United States
(AUKUS) Coordinator to jointly engage directly with the relevant
stakeholders in the Government of Japan on AUKUS Pillar Two.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1334 – Assessment of Potential for Cooperation with Japan
on AUKUS Pillar Two
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 6299G) that
would require the Secretary of State, with the concurrence of
the Secretary of Defense, to submit a report assessing the
potential for cooperation with Japan on Pillar Two of the
Australia, United Kingdom, and United States partnership.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
SUBTITLE E—MATTERS RELATING TO EAST ASIA
Sec. 1341 – Extension and modification of authority to transfer
funds for Bien Hoa dioxin cleanup
The Senate committee-reported bill contained a provision
(sec. 1244) that would extend the authority of the Secretary of
366
Defense to transfer funds to the Secretary of State for the Bien
Hoa dioxin cleanup in Vietnam through fiscal year 2025 and
increase the amount that can be transferred to $30.0 million per
year.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1342 – Modification of cooperative program with Vietnam to
account for Vietnamese personnel missing in action
The Senate committee-reported bill contained a provision
(sec. 1264) that would amend section 1245 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81) to make various modifications to a cooperative program with
Vietnam to account for Vietnamese personnel missing in action,
and to extend the program to 2031.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1343 – Plan for establishment of a joint force headquarters
in Japan
The Senate committee-reported bill contained a provision
(sec. 1248) that would require the Secretary of Defense to
provide the congressional defense committees with a plan for the
establishment of joint force headquarters subordinate to U.S.
Indo-Pacific Command in Japan, Australia, and any other
locations the Secretary determines necessary.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense, not later
than 180 days after the date of enactment of this Act, to submit
to the congressional defense committees a plan to reconstitute
U.S. Forces Japan as a joint force headquarters consistent with
the Joint Statement of the Security Consultative Committee
released on July 28, 2024.
Sec. 1344 – Plan for Department of Defense activities to
strengthen United States extended deterrence commitments to the
Republic of Korea
The Senate committee-reported bill contained a provision
(sec. 1249) that would require the Secretary of Defense, in
coordination with the Secretary of State, to submit a plan to
strengthen United States extended deterrence commitments to the
Republic of Korea in each of the next 5 years.
The House bill contained no similar provision.
367
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1345 – Plan and annual report relating to trilateral
defense cooperation with Japan and the Republic of Korea
The Senate committee-reported bill contained a provision
(sec. 1250) that would require the Secretary of Defense, in
coordination with the Secretary of State, to submit a plan for
advancing trilateral security cooperation among the United
States, Japan, and the Republic of Korea and require annual
updates on such trilateral security cooperation activities
through 2029.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1346 – Modification of public reporting of Chinese military
companies operating in the United States
The House bill contained a provision (sec. 1302) that
would require a printed justification in the Federal Register to
accompany the annual listing decisions in accordance with
section 1260H of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283).
The House bill contained a provision (sec. 1303) that
would modify the requirement for the Department of Defense to
maintain a Chinese military company list in accordance with
Section 1260H of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283).
The House bill contained a provision (sec. 1307) that
would require the Secretary of Defense to make the list required
under section 1260H of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 to be in both
English and in Mandarin Chinese.
The Senate committee-reported bill contained a provision
(sec. 1258) that would amend section 1260H of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283) to clarify the public reporting
requirements regarding Chinese military companies operating in
the United States.
The agreement includes consolidation of the House
provisions, along with additional clarifying amendments.
368
Sec. 1347 – Strategy to address malign activities by the
People’s Liberation Army
The Senate committee-reported bill contained a provision
(sec. 1254) that would require the Secretary of Defense to
submit a transregional strategy for exposing and, as
appropriate, countering malign activities by the People’s
Liberation Army of the People’s Republic of China.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of Defense, not later
than 270 days after the date of the enactment of this Act, to
submit to the congressional defense committees a transregional,
multi-functional, and multi-domain strategy to coordinate
activities among combatant commands for identifying and, if
necessary and appropriate, addressing malign activities by the
People’s Liberation Army of the People’s Republic of China. The
provision would also require the Secretary to designate, within
each combatant command (other than the U.S. Indo-Pacific
Command), an official liaison for coordinated transregional,
multi-functional, and multi-domain efforts to address malign
activities by the People’s Liberation Army.
LEGISLATIVE PROVISIONS NOT ADOPTED
Prohibition on use of funds to promote a “one country, two
systems” solution for Taiwan
The House bill contained a provision (sec. 1305) that
would prohibit the use of funds to be used to promote a “one
country, two systems” solution for Taiwan.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Modification of Prohibition on Participation of the People’s
Republic of China in Rim of the Pacific (RIMPAC) Naval Exercises
The House bill contained a provision (sec. 1306) that
would modify the prohibition on participation of the People’s
Republic of China (PRC) in Rim of the Pacific naval exercises.
The House bill also contained a provision (sec. 1308) that would
modify the prohibition on participation of the PRC in Rim of the
Pacific naval exercises by adding the exception of the PRC
holding an internationally-recognized, free and fair
presidential election.
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The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provisions.
Consideration of Taiwan for enhanced defense industrial base
cooperation
The Senate committee-reported bill contained a provision
(sec. 1253) that would require the Secretary of Defense, in
coordination with the Secretary of State, to take measures to
ensure that Taiwan is appropriately considered, consistent with
the Taiwan Relations Act (Public Law 96-8), for enhanced defense
industrial base cooperation activities aligned with the United
States National Defense Industrial Strategy to expand global
defense production, increase supply chain security and
resilience, and meet the defense needs of Taiwan.
The House bill contained a similar provision (sec. 1313).
The agreement does not include these provisions.
We direct the Secretary of Defense, in coordination with
the Secretary of State, not later than 90 days after the date of
enactment of this Act, to conduct a study on the feasibility and
advisability of entering into one or more defense industrial
agreements with Taiwan. In conducting the study, the Secretary
of Defense, in coordination with the Secretary of State, shall
consult with representatives of Taiwan and industry, as
appropriate. At a minimum, the study shall:
(1) Evaluate the strategic benefits and implications
of entering into a defense industrial agreement with Taiwan,
including with respect to:
(a) long-term supply chain security and
resilience;
(b) mutual supply of defense goods and
services;
(c) supply of regional maintenance, repair,
and overhaul capabilities and any other support capability the
Secretary considers appropriate; and
(d) the promotion of interoperability;
(2) Account for the legal, economic, and defense
policy aspects of a closer defense procurement partnership
between the United States and Taiwan;
(3) Identify defense capabilities developed and
produced in Taiwan that:
(a) may benefit from defense industrial
agreements between the United States and Taiwan; and
(b) may require expedited technology release
and disclosure for components produced in the United States; and
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(4) Identify defense capabilities developed in the
United States with respect to which co-production in Taiwan may
support the resilience of the defense industrial base of Taiwan.
Furthermore, not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report with a classified annex on the results
of the study, including lists of the defense capabilities
identified under elements (c) and (d).
Designation of official responsible for coordination of
department of defense efforts to monitor People’s Liberation
Army overseas basing efforts
The House bill contained a provision (sec. 1315) that
would require the Secretary of Defense to designate an official
within the Department of Defense to be responsible for
coordination of Department efforts to monitor the People’s
Liberation Army’s (PLA) overseas basing efforts.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense, not later than 90 days
after the date of the enactment of this Act, to provide a
briefing to the congressional defense committees that, at a
minimum, identifies the Department of Defense official or
officials responsible for:
(1) Monitoring the PLA’s network of overseas
military bases and its global pursuit of military access
agreements;
(2) Representing the Department of Defense in the
interagency process on such matters; and
(3) Consulting regularly with the congressional
defense committees to keep such committees fully informed on all
matters relating to such responsibilities.
Report on feasibility of developing and deploying asymmetric
naval assets in defense of Taiwan
The House bill contained a provision (sec. 1319) that
would require the Secretary of Defense, in consultation with the
heads of other relevant Federal departments and agencies, to
submit a report on the feasibility of developing and deploying
asymmetric naval assets in Taiwan.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
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We direct the Secretary of Defense, in consultation with
the heads of other relevant Federal departments and agencies as
appropriate, not later than 180 days after the date of the
enactment of this Act, to provide the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives a briefing on:
(1) The feasibility of developing and deploying
asymmetric naval assets for a potential defense of Taiwan;
(2) Whether Taiwan’s ability to deter a maritime
invasion by the People’s Republic of China would be enhanced by
deployment of small, high-speed, long-range (200 or more
nautical miles), extreme-weather-capable, reduced-radarsignature boats with the capacity for launching missiles,
addressing subsurface threats or delivering and recovering small
troop units to coastal and littoral locations in the vicinity of
the Taiwan Strait, and, if so, in what number and in what
configurations;
(3) Whether existing and planned Tuo Chiang class
catamaran-hulled corvettes are naval assets capable of fully
meeting the needs of an effective asymmetric naval defense
strategy; and
(4) The vulnerability of Taiwan’s existing largerplatform surface naval fleet, including Keelung-class
destroyers, Cheung Kung-class frigates, Chi Yang-class frigates,
and Kang Ding-class frigates.
Report on impact of the malign influence of China and Russia
The House bill contained a provision (sec. 1320) that
would require the Secretary of Defense, in consultation with the
heads of other Federal departments and agencies as necessary, to
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report that includes a detailed
assessment of the impact of the malign influence of the People’s
Republic of China and the Russian Federation in Africa, South
America, Central America, and the Caribbean on the national
security and economic interests of the United States.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to ensure that future
iterations of the Department of Defense’s annual report on
Military and Security Developments Involving the People’s
Republic of China required by section 1202 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65) and the Russia Military Power Report produced by the Defense
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Intelligence Agency include assessments of the impact of the
malign influence of the People’s Republic of China and the
Russian Federation, respectively, in Africa, South America,
Central America, and the Caribbean on the national security and
economic interests of the United States.
Report on support for Taiwan’s military preparedness
The House bill contained a provision (sec. 1321) that
would require the Secretary of State, in consultation with the
Secretary of Defense, the Secretary of the Treasury, and the
Director of National Intelligence, to submit a report on
deterrence in the Taiwan Strait.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that annual reports required by the Taiwan
Enhanced Resilience Act in section 3351(f) of title 22, United
States Code, address matters related to the defense of Taiwan,
including an assessment of the commitment of Taiwan to implement
a strategy that will deter and, if necessary, defeat military
aggression by the People’s Republic of China.
TITLE XIV—OTHER AUTHORIZATIONS
SUBTITLE A—MILITARY PROGRAMS
Sec. 1401 – Working capital funds
The House bill contained a provision (sec. 1401) that
would authorize appropriations for the defense working capital
funds at the levels identified in section 4501 of division D of
this Act.
The Senate committee-reported bill contained an identical
provision (sec. 1401).
The agreement includes this provision.
Sec. 1402 – Chemical agents and munitions destruction, defense
The House bill contained a provision (sec. 1402) that
would authorize appropriations for Chemical Agents and Munitions
Destruction, Defense at the levels identified in section 4501 of
division D of this Act.
The Senate committee-reported bill contained an identical
provision (sec. 1402).
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The agreement includes the House provision with an
amendment that would strike subsection (b)(2), at the request of
the Department of Defense.
Sec. 1403 – Drug interdiction and counter-drug activities,
defense-wide
The House bill contained a provision (sec. 1403) that
would authorize appropriations for Drug Interdiction and
Counter-Drug Activities, Defense-wide at the levels identified
in section 4501 of division D of this Act.
The Senate committee-reported bill contained an identical
provision (sec. 1403).
The agreement includes this provision.
Sec. 1404 – Defense Inspector General
The House bill contained a provision (sec. 1404) that
would authorize appropriations for the Office of the Inspector
General of the Department of Defense at the levels identified in
section 4501 of division D of this Act.
The Senate committee-reported bill contained an identical
provision (sec. 1404).
The agreement includes this provision.
Sec. 1405 – Defense Health Program
The House bill contained a provision (sec. 1405) that
would authorize appropriations for the Defense Health Program at
the levels identified in section 4501 of division D of this Act.
The Senate committee-reported bill contained an identical
provision (sec. 1405).
The agreement includes this provision.
SUBTITLE B—NATIONAL DEFENSE STOCKPILE
Sec. 1411 – Restoring the National Defense Stockpile
The House bill contained provisions (sec. 1411 and sec.
1412) that would direct the National Defense Stockpile Manager
to procure strategic and critical materials from domestic
sources to the maximum extent practicable.
The Senate committee-reported bill contained a similar
provision (sec. 1411).
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The agreement includes the House provision with an
amendment that would require a plan to fully fund existing
National Defense Stockpile requirements.
We expect the Secretary of Defense to adhere to the
requirements codified in 50 U.S.C. 98h-6 regarding purchasing,
or making a commitment to purchase, strategic and critical
materials of domestic origin when such materials are needed for
the stockpile.
Sec. 1412 – Consultations with respect to environmental review
of certain projects relating to availability of strategic and
critical materials for acquisition for National Defense
Stockpile
The House bill contained a provision (sec. 1413) that
would require the Secretary of Defense to consult with the head
of any cooperating agency or participating agency responsible
for the environmental review for the project in the case of a
covered project that will result in an increase in the
availability of strategic and critical materials for acquisition
for the National Defense Stockpile.
The Senate committee-reported bill contained a similar
provision (sec. 1413).
The agreement includes the Senate provision.
SUBTITLE C—OTHER MATTERS
Sec. 1421 – Extension of authorities for funding and management
of Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for Captain James A. Lovell
Health Care Center, Illinois
The House bill contained a provision (sec. 1421) that
would amend section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 11-84) to extend the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund from September 30, 2024, to
September 30, 2025. The provision would also the transfer of
$162.5 million to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund for
operations of the Captain James A. Lovell Federal Health Care
Center.
The Senate committee-reported bill contained similar
provisions (sec. 741 and sec. 1423).
The agreement include the House provision with an
amendment that would extend the Joint Department of Defense375
Department of Veterans Affairs Medical Facility Demonstration
Fund to September 30, 2026.
Sec. 1422 – Eligibility of Space Force officers for membership
on Armed Forces Retirement Home Advisory Council
The House bill contained a provision (sec. 1422) that
would amend section 1502 of the Armed Forces Retirement Home Act
of 1991 (Public Law 101-510) to add the Deputy Chief of Space
Operations for Human Capital and the Chief Master Sergeant of
the Space Force as members of the Armed Forces Retirement Home
Advisory Council.
The Senate committee-reported bill contained a similar
provision (sec. 1421).
The agreement includes the House provision.
Sec. 1423 – Armed Forces Retirement Home: availability of
licensed practitioners
The Senate committee-reported bill contained a provision
(sec. 1422) that would amend section 1513 of the Armed Forces
Retirement Home Act of 1991 (Public Law 101-510) to require the
Armed Forces Retirement Home (AFRH) to have appropriate licensed
independent health care practitioners available during the daily
business hours of the facility and on-call at other times. The
provision would also authorize the Secretary of Defense to enter
into agreements to facilitate payments from the Department of
Defense (DOD) to the AFRH for health care services provided to
covered DOD beneficiaries at AFRH facilities.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would that amend section 1513 of the Armed Forces
Retirement Home Act of 1991 (Public Law 101-510) to require the
AFRH to have appropriate licensed practitioners available during
the daily business hours of the facility and on-call at other
times.
We understand there are challenges with the financial
stability of the AFRH. The AFRH provides healthcare services to
its residents, but is not reimbursed for providing this care by
the Department of Defense, the Department of Veterans Affairs,
or Medicare.
We direct the Secretary of Defense to brief the Committees
on Armed Services of the Senate and the House of
Representatives, no later than April 1, 2025, on the legal and
policy issues related to the inability to provide reimbursement
for AFRH resident healthcare, including the application of
section 1113 of title 10, United States Code. The briefing shall
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include any regulatory, policy, or statutory changes necessary
to authorize reimbursement to the AFRH for providing this care.
Sec. 1424 – Authorization of appropriations for Armed Forces
Retirement Home
The House bill contained a provision (sec. 1423) that
would authorize an appropriation of $69.5 million from the Armed
Forces Retirement Home Trust Fund for fiscal year 2025 for the
operation of the Armed Forces Retirement Home.
The Senate committee-reported bill contained a similar
provision (sec. 1424).
The agreement includes the Senate provision with an
amendment that would authorize an appropriation of $100.5
million from the Armed Forces Retirement Home Trust Fund for
fiscal year 2025 for the operation of the Armed Forces
Retirement Home.
LEGISLATIVE PROVISIONS NOT ADOPTED
Storage of strategic and critical materials in National Defense
Stockpile
The Senate committee-reported bill contained a provision
(sec. 1412) that would amend the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.) to authorize
the Stockpile Manager to enter into leases for the storage of
strategic and critical materials in the National Defense
Stockpile.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We understand that the authority to enter into leases
already exists in 50 U.S.C. 98e and is more expansive.
TITLE XV—CYBERSPACE-RELATED MATTERS
SUBTITLE A—CYBER OPERATIONS
Sec. 1501 – Modification of prohibition on purchase of cyber
data products or services other than through the program
management office for Department of Defense-wide procurement of
cyber data products and services
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The Senate committee-reported bill contained a provision
(sec. 1625) that would amend section 1521(c) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81) by adding an additional exemption to the prohibition of this
section.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1502 – Department of Defense Information Network
subordinate unified command
The House bill contained a provision (sec. 1503) that
would require the Secretary of Defense to designate the Joint
Force Headquarters-Department of Defense Information Network as
a subordinate unified command under the United States Cyber
Command.
The Senate committee-reported bill contained a similar
provision (sec. 1602).
The agreement includes the House provision.
Sec. 1503 – Establishment of the Department of Defense Hackathon
program
The House bill contained a provision (sec. 1502) that
would require the Chief Digital and Artificial Intelligence
Officer of the Department of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff and the Chief Information
Officer of the Department of Defense, to establish a program to
be known as the Department of Defense Hackathon Program, under
which the commanders of combatant commands and the Secretaries
of the military departments are required to carry out not fewer
than four Hackathons each year.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1504 – Support for cyber threat tabletop exercise program
with the defense industrial base
The Senate committee-reported bill contained a provision
(sec. 1604) that would require the Assistant Secretary of
Defense for Cyber Policy, in consultation and coordination with
the Commander of United States Cyber Command, the Commander of
United States Northern Command, the Commander of the Army
Interagency Training and Education Center, and such other
individuals as the Assistant Secretary considers appropriate, to
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develop tabletop exercise packages oriented towards training
stakeholders to prepare the homeland for adversary cyber-attacks
precipitating or during a time of conflict or war.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require that the exercise program to be
established include both a series of tabletop exercises to be
conducted by the Department of Defense, as well as tabletop
exercise packages that can be provided to defense industrial
base organizations that they could run themselves, as well as
some clarification on participants and their roles in this
exercise program.
Sec. 1505 – Accounting of cloud computing capabilities of the
Department of Defense
The House bill contained a provision (sec. 1504) that
would require the Chief Information Office of the Department, in
coordination with the Chief Digital and Artificial Intelligence
Officer of the Department, to provide to the congressional
defense committees a report listing the current and planned
cloud elements of the Department, as well as a roadmap for
future activities and related contracting details.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
SUBTITLE B—CYBERSECURITY
Sec. 1511 – Termination of reporting requirement for cross
domain incidents and exemptions to policies for information
technology
The House bill contained a provision (sec. 1721) that
would amend section 1727 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283) by adding a new subsection.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1512 – Information technology programs of the National
Background Investigation Service
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The Senate committee-reported bill contained a provision
(sec. 1619) that would authorize the Under Secretary of Defense
for Acquisition and Sustainment, in consultation with the
Security, Suitability, and Credentialing Performance
Accountability Council Principals, to adjust the assignment of
milestone decision authority or program management for the
National Background Investigation Services.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1513 – Guidance for application of zero trust strategy to
Internet of Things hardware used in military operations
The Senate committee-reported bill contained a provision
(sec. 1614) that would require the Chief Information Officer of
the Department of Defense, not later than 180 days after the
date of the enactment of this Act, to develop guidance for how
the Department of Defense zero trust strategy applies to
Internet of Military Things hardware, including human-wearable
devices, sensors, and other smart technology; and the role
identity, credential, and access management technologies serve
in enforcing such a zero trust strategy.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1514 – Management and cybersecurity of multi-cloud
environments
The Senate committee-reported bill contained a provision
(sec. 1612) that would require the Secretary of Defense acting
through the Chief Information Officer of the Department of
Defense, to develop a strategy for the management and
cybersecurity of the Joint Warfighting Cloud Capability and
other multi-cloud environments, not later than 180 days after
the date of the enactment of this Act.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1515 – Protective measures for mobile devices within the
Department of Defense
The House bill contained a provision (sec. 1511) that
would require the Secretary of Defense to carry out a detailed
evaluation of the cybersecurity products and services for mobile
380
devices to identify products and services that may improve the
cybersecurity of mobile devices used by the Department of
Defense, including mitigating the risk to the Department of
Defense from cyber attacks against mobile devices.
The Senate committee-reported bill contained a similar
provision (sec. 1622).
The agreement includes the House provision.
SUBTITLE C—INFORMATION TECHNOLOGY AND DATA
MANAGEMENT
Sec. 1521 – Usability of antiquated and proprietary data formats
for modern operations
The House bill contained a provision (sec. 1521) that
would require the Secretary of Defense, in coordination with the
Secretaries of the military departments, not later than 270 days
after the date of enactment of this Act, to develop a strategy
for the Department of Defense, including each of the military
departments, to implement and use modern data formats as the
primary method of electronic communication for command and
control activities and for weapon systems, including sensors
associated with such weapon systems; and which accounts for
specific needs of each military department with respect to such
implementation and use of modern data formats; and an associated
five-year roadmap for implementation.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
We note that the diversity, age and complexity of
Department of Defense (DOD) information technology (IT) systems
poses a unique challenge to creating a truly integrated,
interoperable and efficient information network capable of
operating at speeds and with the adaptability to outpace and
out-decide our adversaries. The length of time many key DOD
information technology systems have remained in use, as well the
centrality of many of these systems around which new
capabilities have to be added and upgraded, is a unique
engineering challenge. Just as an example, the reliance on
outmoded and antiquated data formats such as Extensible Markup
Language, Variable Message Format, Tactical Data Links, or
Tactical Digital Information Links, means that many systems
cannot take full advantage of technological capabilities of new
artificial intelligence, data processing, or bandwidth efficient
components, effectively self-limiting performance gains for our
381
warfighters. We believe a better understanding of where DOD IT
systems are reliant on such formats and a concerted plan to
identify and address the risks from such formats is a critical
first step to make a truly integrated and effective data fabric
for the Department.
Sec. 1522 – Modernization of the Department of Defense’s
Authorization to Operate processes
The House bill contained a provision (sec. 1522) that
would require the Department of Defense to improve and
streamline the processes regarding the ‘‘Authority to Operate’’
for information technology.
The Senate committee-reported bill contained a similar
provision (sec. 1621).
The agreement includes the House provision with a
clarifying amendment.
Sec. 1523 – Update of biometric policy of Department of Defense
The Senate committee-reported bill contained a provision
(sec. 1613) that would require the Under Secretary of Defense
for Intelligence and Security to update the biometric policy of
the Department of Defense, not later than 90 days after the date
of the enactment of this Act.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment that would require this policy to be
updated not later than 180 days after the date of the enactment
of this Act.
SUBTITLE D—ARTIFICIAL INTELLIGENCE
Sec. 1531 – Artificial Intelligence Human Factors Integration
Initiative
The Senate committee-reported bill contained a provision
(sec. 1616) that would require the Under Secretary of Defense
for Research and Engineering, in coordination with the Under
Secretary of Defense for Acquisition and Sustainment and the
Chief Digital and Artificial Intelligence Officer of the
Department of Defense, to establish an initiative to improve the
human usability of artificial intelligence systems and
artificial intelligence-derived information through the
application of cognitive ergonomics techniques; and ensure
design tools and metrics are available for programs to ensure
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human factors considerations are included for artificial
intelligence systems adopted by the Department of Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1532 – Advanced computing infrastructure to enable advanced
artificial intelligence capabilities
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5234) that
would require the Secretary of Defense to establish an advanced
computing infrastructure program within the Department of
Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1533 – Cost budgeting for artificial intelligence data
The Senate committee-reported bill contained a provision
(sec. 1620) that would require the Chief Digital and Artificial
Intelligence Officer (CDAO) of the Department of Defense, in
consultation with the Under Secretary of Defense for Acquisition
and Sustainment and the Director of Cost Assessment and Program
Evaluation, to develop a plan to ensure the budgeting process
for programs containing artificial intelligence components
includes estimates for the types of data, and estimated costs
for acquisition and sustainment of such data required to train,
maintain, or improve the artificial intelligence contained
within such programs.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1534 – Evaluation of Federated Artificial IntelligenceEnabled Weapon Systems Center of Excellence
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a provision (sec. 5231) that
would require the Secretary of Defense to establish a center of
excellence to support the development and maturation of
artificial intelligence-enabled weapon systems.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
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SUBTITLE E—REPORTS AND OTHER MATTERS
Sec. 1541 – Oversight and reporting on the Mission Partner
Environment and associated activities within the Department of
Defense
The House bill contained a provision (sec. 1537) that
would establish an improved oversight mechanism for the
Department of Defense activities related to the Mission Partner
Environment.
The Senate committee-reported bill contained a similar
provision (sec. 1617).
The agreement includes the House provision with a
clarifying amendment.
Sec. 1542 – Extension of certification requirement regarding
contracting for military recruiting
The House bill contained a provision (sec. 1531) that
would amend section 1555 of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118–31) to modify the
certification requirements to the Secretary of Defense and
strike the sunset clause.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment to extend section 1555 of the National Defense
Authorization Act for Fiscal Year 2024 for an additional year.
Sec. 1543 – Prohibition on disestablishment or merger of officer
career paths within the Cyber Branch of the United States Army
The House bill contained a provision (sec. 1535) that
would prohibit disestablishment or merger of officer career
paths within the Cyber Branch of the United States Army.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would require the Secretary of the Army to
provide notice to Congress prior to taking any action to
disestablish or merge the Cyber Warfare and Cyber
Electromagnetic Warfare officer career paths within the Cyber
Branch of the Army.
Sec. 1544 – Independent assessment of cyber organizational
models
384
The House bill contained a provision (sec. 1536) that
would require the Secretary of Defense to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine to conduct an evaluation regarding the advisability
of either establishing a separate Armed Force in the Department
of Defense dedicated to operations in the cyber domain or
refining and further evolving the current organizational
approach for United States Cyber Command.
The Senate committee-reported bill contained a similar
provision (sec. 1606).
The agreement includes the House provision with a
clarifying amendment.
We note that finding the optimal structure for cyber
operations continues to be a work in progress. We also recognize
that such evolution is even more difficult when those forces are
fully engaged in a demanding training environment, competition
with the private sector for a limited workforce pool, and
complicated by a constant, demanding and high intensity
operational tempo. We believe that an independent, outside
examination of these challenge may provide valuable insights to
inform decision-makers on future force design concepts.
In executing the study required by the section, we
encourage the National Academies to leverage fully the findings
from previous relevant assessments, analyses, and studies
conducted by the Secretary of Defense, the Comptroller General
of the United States, or other entities, as well as lessons
learned from the creation of Space Force, and from the
establishment of foreign partner cyber organizations. We also
encourage them to seek views and perspectives of members of the
Armed Forces in the Department of Defense, across grades and
specialties in cyber, to better understand the historical
performance and efficacy of the Armed Forces in the Department
of Defense in devising and implementing recruitment and
retention policies in the cyber field.
We observe that the study required will be a major
challenge for participants within the National Academies, some
of whom may not have deep operational experience in military
cyber missions. Scoping the study to focus on key questions will
be critical, and we recognize that the participants should have
the flexibility to pursue topics based on their collective
judgement. While this list is not intended to be exhaustive or
directive, we do hope it will provide some loose vectoring that
will help them as they develop their study approach.
As part of this study, we encourage the National Academies
panel to examine some or all of the following issues, including:
(1) What is the optimal force size of qualified
cyber professionals to satisfy existing and projected
385
requirements of the Department of Defense, and how are these
variables most likely to change?
(2) Does the Department have an adequate delineation
of which fields are cyber-relevant, and how might this be most
likely to change?
(3) Is the Department’s current understanding and
definition of cyber operations adequate to future challenges and
opportunities?
(4) What options exist to improve training
requirements, outputs, and programs in support of cyberspace
operations?
(5) How could the Department improve recruiting and
retention of qualified officers and enlisted members of the
Armed Forces in the Department of Defense in cyberspace
operations and related and supporting fields?
(6) How might the Department better utilize reserve
component forces in support of cyberspace operations?
(7) What approaches could improve force readiness?
(8) How should the Department structure itself for
acquisition and provision of cyber capabilities in support of
cyberspace operations?
(9) How should the Department approach compensation,
including pay and other benefits, among military members and
civilians serving in and qualified for work roles in support of
cyberspace operations, especially in light of competition with
the private sector, and how should this approach be common with
or differ from those for other high-demand work roles?
(10) How could the Department improve professional
military education content and curricula focused on the cyber
domain?
(11) Does increased optimization for cyberspace
operations incur cost, risk, efficiency, or other tradeoffs to
other missions and responsibilities of the Department, or
elsewhere within the national security community?
Sec. 1545 – Limitation on availability of funds for the Joint
Cyber Warfighting Architecture
The Senate committee-reported bill contained a provision
(sec. 1623) that would limit funds authorized to be appropriated
by this Act for fiscal year 2025 for the Joint Cyber Warfighting
Architecture, until the date on which the Commander of United
States Cyber Command provides the plan required.
The House bill contained no similar provision.
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The agreement includes the Senate provision with a
clarifying amendment.
Sec. 1546 – Risk framework for foreign mobile applications of
concern
The House bill contained a provision (sec. 1746) that
would require the Secretary of Defense to create categorical
definitions of foreign mobile applications of concern with
respect to personnel or operations of the Department of Defense,
distinguishing among categories such as applications for
shopping, social media, entertainment, or health; and create a
risk framework with respect to Department personnel or
operations that assesses each foreign mobile application (or, if
appropriate, grouping of similar such applications) that is from
a country of concern for any potential impact on Departmental
personnel and Departmental operations.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
clarifying amendment.
Sec. 1547 – Joint partner-sharing network capabilities for
Middle East defense integration
The Senate committee-reported bill contained a provision
(sec. 1615) that would require the Secretary of Defense to
provide a strategy for improved cooperation between the United
States and Middle Eastern allies and partners to improve partner
sharing network capabilities.
The House bill contained no similar provision.
The agreement includes the Senate provision with
clarifying amendments.
LEGISLATIVE PROVISIONS NOT ADOPTED
Access to national suicide prevention and mental health crisis
hotline system
The House bill contained a provision (sec. 1533) that
would require the Department of Defense (DOD) Chief Information
Officer to implement access to the national suicide prevention
and mental health crisis hotline from all Department facilities
and report to Congress when complete.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
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We note that all DOD Defense Service Network (DSN) phones
now have the ability to access the Veteran’s Crisis Line (988)
from anyplace on the globe without dialing any additional digit.
We also note that the national suicide prevention and mental
health crisis hotline system does not currently transmit
detailed caller location, like a 911 call, and that 988
geolocation poses significant challenges – most notably time and
funding.
We therefore direct the Secretary of Defense to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives, not later than June 1, 2025,
describing the approximate cost and timeline required to
modernize DOD systems to facilitate geolocated 988 services for
DSN phones. Such briefing should address issues related to
architecture, manpower, implementation timelines, funding, and
interoperability.
Assessment of feasibility of engaging in cooperative activities
with allies to mitigate cyber threats to certain undersea cables
The Senate committee-reported bill contained a provision
(sec. 1601) that would require the Secretary of Defense to
conduct an assessment to determine the feasibility of engaging
in cybersecurity cooperation activities with international
partners and allies of the United States to mitigate cyber
threats to undersea cables that originate and terminate outside
of the United States.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Assessment of innovative data analysis and information
technology solutions
The House bill contained a provision (sec. 1523) that
would require the Secretary of Defense to submit to the
congressional defense committees a report containing the results
of an assessment of the implementation by the Department of
Defense of innovative data analysis and information technology
solutions that could improve risk management, agility, and
capabilities for strategic defense purposes.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Authority to accept voluntary and uncompensated services from
cybersecurity experts
388
The House bill contained a provision (sec. 1501) that
would amend section 167(d) of title 10, United States Code, to
add a new paragraph that would allow for the acceptance of
voluntary services from cybersecurity experts.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Briefing on course of education and pilot program on
authentication of digital content provenance for certain
Department of Defense media content
The Senate committee-reported bill contained a provision
(sec. 1624) that would amend section 1524 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118-
31) by adding new paragraphs for an interim and final briefing
on the training content developed under this provision.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Comptroller General of the United States assessment of cyber
command protection of privacy and civil liberties procedures and
training requirements for cyber operators
The Senate committee-reported bill contained a provision
(sec. 1605) that would direct the Comptroller General of the
United States to conduct an assessment of planning procedures
available for cyber operations forces to ensure the protection
of privacy and civil liberties of United States persons on the
conduct of cyber operations and report the results to Congress.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We agree that no later than 180 days after the date of
the enactment of this Act, the Comptroller General of the United
States shall conduct an assessment of the training and
certification processes and planning procedures available for
Cyber Operations Forces to ensure that the privacy and civil
liberties of United States persons are protected in the conduct
of military cyber operations, and submit the findings of that
assessment to Congress.
We also agree that the assessment conducted by the
Comptroller General should address the following:
(1) What guidance, instructions and training are
available for United States Cyber Command Cyber Operations
Forces for protecting privacy and civil liberties of United
389
States persons in the conduct of lawful, authorized cyber
military operations;
(2) How such members are trained to protect such
rights;
(3) The process for integrating protection of such
rights in the planning and conduct of military cyber operations
to minimize or mitigate interference with such rights;
(4) The role of the external oversight, such as the
Office of the Inspector General, in monitoring such training and
certification requirements; and
(5) How such instructions and trainings identified
address the execution of military cyber operations related to
Defense Support of Civil Authorities tasks, including the cyber
defense of domestic critical infrastructure.
Comptroller General report on efforts to protect personal
information of Department of Defense personnel from exploitation
by foreign adversaries
The Senate committee-reported bill contained a provision
(sec. 1627) that would require the Comptroller General of the
United States, not later than 180 days after the date of the
enactment of this Act, to brief the appropriate congressional
committees on Department of Defense efforts to protect personal
information of its personnel from exploitation by foreign
adversaries.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We understand that the Comptroller General of the United
States has initiated work on this topic as a result of last
year’s National Defense Authorization Act. We eagerly await the
results of this review.
Consolidation of briefing requirements relating to the
relationship between the National Security Agency and United
States Cyber Command
The Senate committee-reported bill contained a provision
(sec. 1618) that would amend subsection (c) of section 1642 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), as added by section 1636 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92) to require the Secretary of Defense, the Director of
National Intelligence, and the Chairman of the Joint Chiefs of
Staff, not later than March 1, 2025 and annually thereafter
until March 1, 2028, to provide the appropriate committees of
390
Congress a briefing on the relationship between the National
Security Agency and United States Cyber Command.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Cyber table top exercises with organizations in defense
industrial base
The Senate committee-reported bill contained a provision
(sec. 1611) that would require the Executive Director of the
Department of Defense Cyber Crime Center, not later than 180
days after the date of the enactment of this Act, to develop and
carry out a plan to conduct cyber table top exercises with
organizations in the defense industrial base not less frequently
than twice each year until December 31, 2030.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
We note that elements of this provision are incorporated
elsewhere in this Act.
Department of Defense use of large language models
The House bill contained a provision (sec. 1538) that
would require the Secretary of Defense, acting through the Chief
Digital and Artificial Intelligence Officer of the Department of
Defense, to coordinate and accelerate the adoption of large
language models by the Department of Defense by improving the
access and quality of the existing structured and unstructured
data of the Department to ensure such data is immediately ready
to use in conjunction with machine learning applications being
developed, tested, or in production by the Armed Forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that elements of this provision are addressed
elsewhere in this Act.
Improvements relating to cyber protection support for Department
of Defense personnel in positions highly vulnerable to cyber
attack
The Senate committee-reported bill contained a provision
(sec. 1626) that would amend section 1645 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328) to clarify that the scope of this authority includes
personal accounts, as well as personal technology, of personnel
eligible for such cyber protection support.
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The House bill contained no similar provision.
The agreement does not include the Senate provision.
Limitation on availability of travel funds
The House bill contained a provision (sec. 1534) that
would limit the obligation and expenditure of more than 75
percent of certain funds authorized for travel expenses for the
Office of the Secretary of Defense, Office of the Secretary of
Army, Office of the Secretary of Navy, and Office of the
Secretary of the Air Force until their fulfillment of certain
legislative requirements related to cyberspace
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We note that, with the assumption of the new Assistant
Secretary of Defense for Cyber Policy (ASD(CP)), there has been
renewed focus and attention on responding to congressionally
directed reporting requirements in a more timely, thorough, and
fulsome manner. We have been concerned for several years that
the backlog of requests has hindered the ability of the relevant
committees to properly exercise oversight of this critical and
dynamic domain. We note the ASD(CP)’s promising efforts to
institutionalize the processes in a short time frame, and are
optimistic about such efforts in the future. While we remain
concerned that such a legislative backlog could develop again in
the future, we are optimistic that the focus of the ASD(CP) can
ensure that legislative requirements are afforded the proper
levels of attention going forward. We look forward to continued
engagement and partnership on these topics in the future.
Report on State National Guard cyber units
The House bill contained a provision (sec. 1539) that
would require the Secretary of Defense to submit to the
congressional defense committees a report on the feasibility of
establishing a cyber unit in every National Guard of a state to
ensure the ability of a State to quickly respond to cyberattacks in such state.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on total force generation for the Cyberspace Operations
Forces
392
The House bill contained a provision (sec. 1532) that
would amend section 1533(a) of the National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) by
adding a new paragraph to require any supporting analyses
conducted by other entities, including federally funded research
and development centers, related to total force generation for
cyber operations forces.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
Report on user activity monitoring programs of the Department of
Defense
The House bill contained a provision (sec. 1540) that
would require the Secretary of Defense, not later than 90 days
after the date of the enactment of this Act, to submit to the
congressional defense committees a report on user activity
monitoring programs of the Department of Defense.
The Senate committee-reported bill contained no similar
provision.
The agreement does not include the House provision.
We direct the Secretary of Defense to submit to the
congressional defense committees, not later than April 15, 2025,
a briefing on user activity monitoring programs of the
Department of Defense. Such briefing shall include:
(1) A description of the implementation and
enforcement of the requirements of section 1537 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31);
(2) A detailed description of the status of user
activity monitoring on the Non-classified Internet Protocol
Router Network;
(3) A comprehensive accounting of the funds made
available for user activity monitoring on the Non-classified
Internet Protocol Router Network in fiscal years 2022, 2023, and
2024;
(4) Plans for deployment of user activity monitoring
programs, including appropriate sensoring, data retention and
integration into other cybersecurity applications, on Secret
Internet Protocol Networks; and
(5) Information on how any such user activity
monitoring programs might deviate from the minimum standards
outlined in the National Insider Threat Policy and Minimum
Standards for Executive Branch Insider Threat Programs; the
Committee on National Security Systems Directive 504 (issued on
February 4, 2014, relating to the protection of national
393
security systems from insider threats); or the Department of
Defense Directive 5205.16 (issued on September 30, 2014,
relating to the insider threat program of the Department of
Defense).
TITLE XVI—SPACE ACTIVITIES, STRATEGIC
PROGRAMS, AND INTELLIGENCE MATTERS
SUBTITLE A—SPACE ACTIVITIES
Sec. 1601 – Modification of Air Force space contractor
responsibility watch list
The House bill contained a provision (sec. 1604) that
would amend section 1612 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) to elevate the
management of the contractor responsibility watch list to the
Assistant Secretary of the Air Force for Space Acquisition and
Integration.
The Senate committee-reported bill contained a similar
provision (sec. 1501).
The agreement includes the House provision with an
amendment that would further clarify the conditions and
reporting for placing a contractor on the contractor
responsibility watch list as well as specific conditions on the
delegation of such authority if required.
Sec. 1602 – Establishment of Commercial Augmentation Space
Reserve
The House bill contained a provision (sec. 1602) that
would establish a program known as the “Commercial Augmentation
Space Reserve’” to procure space products and services for the
reserve use of the Department of Defense.
The Senate committee-reported bill contained a similar
provision (sec. 1506).
The agreement includes the House provision with an
amendment that would remove certain exemptions for competition
in contracting and cost accounting standards; and require the
Secretary of Defense to consult with the Secretary of the Air
Force to conduct a study related to the program.
Sec. 1603 – Space Force satellite ground systems
394
The Senate committee-reported bill contained a provision
(sec. 1504) that would amend chapter 135 of title 10, United
States Code, to require completion and operation of satellite
ground systems before associated satellite launches; but
authorize the Secretary of the Air Force to waive this
requirement for national security purposes as necessary.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1604 – Modification of notification of foreign interference
of national security space
The Senate committee-reported bill contained a provision
(sec. 1505) that would amend section 2278 of title 10, United
States Code, by simplifying the requirements for the Commander,
U.S Space Command to notify the congressional defense committees
of each foreign attempt to interfere with national security
space capabilities.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1605 – Modifications to National Security Space Launch
program
The House bill contained a provision (sec. 1603) that
would extend the requirement for the Department of Defense to
use the National Security Space Launch program, to the extent
practical, to procure launch services through September 30,
2029.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1606 – Comptroller General review regarding Global
Positioning System modernization and other positioning,
navigation, and timing systems
The Senate committee-reported bill contained a provision
(sec. 1508) that would modify reporting and briefing
requirements for the Comptroller General of the United States on
the Global Positioning System (GPS) III space segment, the GPS
operational control segment, and Military GPS user equipment
acquisition programs.
The House bill contained no similar provision.
395
The agreement includes the Senate provision with a
technical amendment.
Sec. 1607 – Senior Advisor for Space Command, Control, and
Integration
The Senate committee-reported bill contained a provision
(sec. 1507) that would require the Assistant Secretary of the
Air Force for Space Acquisition and Integration to designate a
Program Executive Officer for Space Command, Control, and
Integration to oversee U.S. Space Command’s requirements for a
system to support a combined operations center at the National
Space Defense Center.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Assistant Secretary for Space
Acquisition and Integration to name a Senior Defense Advisor for
Space Command, Control and Integration to meet the integration
requirements of the combatant commands. The amendment would also
require the Space Acquisition Council to assess annual
fulfillment of space command, control and integration
requirements of U.S. Space Command and brief the congressional
defense committees on activities taken over the past fiscal year
and over the future years defense program in meeting those
requirements.
Sec. 1608 – Pilot program to demonstrate hybrid satellite
communication architecture
The House bill contained a provision (sec. 1606) that
would require the Commander, Space Systems Command, U. S. Space
Force, to implement a pilot program to demonstrate a hybrid
space architecture by integrating military and commercial
communication systems.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would strike the sense of Congress and require
the Assistant Secretary of the Air Force for Space Acquisition
and Integration to implement the pilot program.
Sec. 1609 – Middle East integrated space and satellite security
assessment
The House bill contained a provision (sec. 1607) that
would require the Secretary of Defense to conduct an assessment
of space and satellite security to identify opportunities for
396
multilateral agreements to protect ally and partner countries in
the area of responsibility of the U.S. Central Command from
hostile activities against space systems of the United States or
those ally and partner countries.
The Senate committee-reported bill contained a similar
provision (sec. 1288).
The agreement includes the House provision.
Sec. 1610 – Annual briefing on commercial space strategy of the
Space Force
The House bill contained a provision (sec. 1605) that
would require the Chief of Space Operations to provide a
briefing on commercial solutions for the mission areas
identified in the U.S. Space Force Commercial Space Strategy
published in April 2024.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with a
technical amendment.
SUBTITLE B—DEFENSE INTELLIGENCE AND
INTELLIGENCE-RELATED ACTIVITIES
Sec. 1611 – Extension and modification of authority to engage in
certain commercial activities as security for intelligence
collection activities
The House bill contained a provision (sec. 1611) that
would amend section 431(a) of title 10, United States Code, by
striking ‘‘December 31, 2024’’ and inserting ‘‘December 31,
2029’’ and require pre-coordination with the Director of the
Central Intelligence Agency using agreed upon procedures.
The Senate committee-reported bill contained a similar
provision (sec. 1542).
The agreement includes the House provision with an
amendment that would extend the authority contained in section
431(a) of title 10, United States Code, through December 31,
2028.
Sec. 1612 – Cyber intelligence capability
The Senate committee-reported bill contained a provision
(sec. 1603) that would require the Secretary of Defense to
establish a dedicated cyber intelligence capability to support
the requirements of United States Cyber Command, the other
397
combatant commands, the military departments, defense agencies,
the Joint Staff, and the Office of the Secretary of Defense for
foundational, scientific and technical, and all-source
intelligence on cyber technology development, capabilities,
concepts of operation, operations, and plans and intentions of
cyber threat actors.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment that would require the establishment of a
dedicated cyber intelligence capability rather than a center.
We note our continued support for the establishment of a
cyber intelligence capability within the Department of Defense.
We recognize that there are pockets of people with useful
analytical expertise spread across the existing service
intelligence centers that will have valuable experience and
analytic contributions to the cyber intelligence mission, so the
idea that such contributions may go beyond any single center is
understandable. We believe that as the Department formulates a
plan for addressing this provision, it is important to carefully
consider what constitutes a “cyber intelligence capability.” We
believe that capability should include existing centers where
relevant expertise exists, but should also focus fundamentally
on how to build and maintain the new and emerging types of
technical knowledge and expertise that is needed by the cyber
operations community, but that does not currently exist anywhere
in the Department in the scale or depth that is required. Based
on recent experience and the emerging results from current cyber
pilots, we do not believe that existing all-source intelligence
centers alone will be sufficient for the intelligence needs of
cyber operators in the future.
Sec. 1613 – Authority of Army Counterintelligence Agents
The House bill contained a provision (sec. 1612) that
would amend section 7377 of title 10, United States Code, to
provide special agents of the Army Counterintelligence Command
with the authority to execute warrants and make arrests.
A proposed amendment (amendment number 3290) to the Senate
committee-reported bill contained a similar provision (sec.
6541) that would provide the same authority, but would further
terminate this authority 4 years after enactment of this Act.
The Senate provision would also require annual briefings on the
Army’s use of this authority.
The agreement includes the Senate provision with a
technical amendment.
398
Sec. 1614 – Extension and modification of defense intelligence
and counterintelligence expense authority
The House bill contained a provision (sec. 1042) that
would extend the authorization from section 1057 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116–
92) for the expenditure of funds for Department of Defense
intelligence and counterintelligence activities from 2025 to
2030 and increase the amount of expenditures the Secretary of
Defense may delegate from $100,000 to $125,000.
The Senate committee-reported bill contained a similar
provision (sec. 1543).
The agreement includes the Senate provision with an
amendment that would codify section 1057 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92) for
the expenditure of funds for Department of Defense intelligence
and counterintelligence activities as section 429a of title 10,
United States Code, and increase the amount of expenditures the
Secretary of Defense may delegate from $100,000 to $200,000.
Sec. 1615 – Intelligence advice and Department of Defense
support for Government of Israel in the defeat of Hamas
The Senate committee-reported bill contained a provision
(sec. 1546) that would require the Secretary of Defense and the
Director of the Defense Intelligence Agency to provide the
Government of Israel defense intelligence, advice, and support
to the extent practicable, and consistent with United States
objectives, to support Israel’s pursuit of the lasting defeat of
Hamas, and to assist Israel in either capturing or killing
senior Hamas officials.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
SUBTITLE C—NUCLEAR FORCES
Sec. 1621 – Establishment of Assistant Secretary of Defense for
Nuclear Deterrence, Chemical, and Biological Defense Policy and
Programs; improvements to processes of the Office of the
Secretary of Defense
The Senate committee-reported bill contained a provision
(sec. 1525) that would amend section 138(b)(4) of title 10,
United States Code, to restructure the position of the Assistant
Secretary of Defense for Nuclear, Chemical, and Biological
399
Defense Programs (ASD(NCB)) into the Assistant Secretary of
Defense for Nuclear Deterrence Policy and Programs; and
consolidate the principal policymaking, programmatic, and
resourcing responsibilities for U.S. nuclear forces within the
Office of the Secretary of Defense into the restructured office.
The House bill contained no similar provision.
The agreement includes the Senate provision with
amendments that adjust the scope of responsibilities, change the
name of the position to Assistant Secretary of Defense for
Nuclear Deterrence, Chemical, and Biological Defense Policy and
Programs, as well as other technical and conforming amendments.
We note that the Department of Defense is in the process
of modernizing and evolving the U.S. nuclear deterrent to adapt
to changing international security conditions. We agree that
such efforts should not be substantially perturbed by lengthy
delays in implementing this adjustment to the organizational
oversight structure for the Office of the Secretary of Defense.
In order to minimize disruption, we believe that the reorganized
office should utilize the existing, purely administrative
support relationships (e.g., human resources, budgeting, etc.)
of an existing office of the Office of the Secretary of Defense
to the maximum extent practicable. We also note that this
reorganization is intended in part to better provide the
Secretary of Defense and their staff with the policy,
programmatic, operational, and resourcing information required
to fully execute the responsibilities of principal civilian
adviser for nuclear issues and expect Department of Defense
Components will ensure such information is provided in a
complete and transparent manner. We direct the Secretary of
Defense to brief the congressional defense committees on interim
steps to implement the changes directed by this provision by
March 1, 2025, and brief the committees on final implementation
measures not later than July 1, 2025.
Sec. 1622 – Extension and modification of certifications
regarding integrated tactical warning and attack assessment
mission of the Department of the Air Force
The Senate committee-reported bill contained a provision
(sec. 1502) that would amend section 1666 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328) to provide the Secretary of Defense a waiver for annual
certification of the Integrated Tactical Warning and Attack
Assessment System; and exempt the Secretary from certain
requirements on condition that the Secretary certifies that
resources are, and will be, available to remediate any
deficiencies related to such system.
400
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1623 – Periodic updates on the modernization of the
Strategic Automated Command and Control System
The Senate committee-reported bill contained a provision
(sec. 1518) that would amend section 1644 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118-
31) to direct the Secretary of the Air Force to provide a
recurring briefing on the development of a replacement for the
Strategic Automated Command and Control System by the date that
the LGM-35A Sentinel intercontinental ballistic missile program
reaches initial operational capacity.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1624 – Modified requirements for report on the plan for the
nuclear weapons stockpile, nuclear weapons complex, nuclear
weapons delivery systems, and nuclear weapons command and
control system
The Senate committee-reported bill contained a provision
(sec. 1042) that would amend section 492a of title 10, United
States Code, to modify reporting requirements regarding nuclear
weapons.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sec. 1625 – Matters relating to pilot program on development of
reentry vehicles and related systems
The Senate committee-reported bill contained provisions
(sec. 1517 and 1523) that would amend section 1645 of the
National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118–31) to direct the Secretary of the Air Force to provide
a recurring briefing on the activities of a reentry vehicle
pilot program; and expand the authorization for the pilot
program to include the Secretary of the Army and the Secretary
of the Navy.
The House bill contained no similar provision.
The agreement includes the Senate provisions with a
technical amendment.
Sec. 1626 – Expansion of nuclear long range standoff capability
401
The House bill contained a provision (sec. 1628) that
would authorize the Secretary of the Air Force to restore
nuclear capability to B–52 bombers that had been previously
modified to carry only conventional weapons in compliance with
the New START Treaty.
The Senate committee-reported bill contained similar
provisions (sec. 1522 and 1524).
The agreement includes the Senate provisions with an
amendment that would change the requirement for conversion from
directive to permissive and make other technical and confirming
changes.
Sec. 1627 – Matters relating to the nuclear-armed sea-launched
cruise missile
The House bill contained a provision (sec. 1621) that
would make certain technical changes related to the nucleararmed, sea-launched cruise missile program.
The Senate committee-reported bill contained a similar
provision (sec. 1513) that would amend section 1640 of the
National Defense Authorization Act for Fiscal Year
2024 (Public Law 118–31) to modify the direction to establish a
joint program between the Department of Energy and the
Department of Defense to develop a nuclear-armed sea-launched
cruise missile (SLCM–N); require the Secretary of the Navy to
establish a program element and program office for the SLCM–N
development program; and limit the amount of funds that may be
obligated or expended by the Secretary of the Navy for travel
expenses to not more than 50 percent until the Secretary of the
Navy certifies certain actions to implement the SLCM-N
development program.
The agreement includes the Senate provision with an
amendment that would make technical and conforming changes,
consolidate certain requirements, and adjust the limitation on
funding to not more than 90 percent of specified funds.
Sec. 1628 – Availability of Air Force procurement funds for heat
shield material for Mark 21A reentry vehicle
The Senate committee-reported bill contained a provision
(sec. 1519) that would authorize the Secretary of the Air Force
to enter into life-of-program contracts for the procurement of
mark 21A reentry vehicle heat shield materials and related
processing activities.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
402
Sec. 1629 – Conditional requirements for Sentinel
intercontinental ballistic missile program
The House bill contained a provision (sec. 1625) that
would require the Under Secretary of Defense for Acquisition and
Sustainment to ensure that Federal Government oversight of the
Sentinel intercontinental ballistic missile program meets
certain criteria in the event that the program receives a
certification under subsection 4376(b) of title 10, United
States Code.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment to require a report in the event that the program
receives a revised Milestone B approval, as well as other
technical and conforming amendments.
Sec. 1630 – Prohibition on reduction of intercontinental
ballistic missiles of the United States
The House bill contained a provision (sec. 1624) that
would prohibit the use of funds authorized for fiscal year 2025
to reduce the number of intercontinental ballistic missiles
(ICBMs) of the United States below 400 or reduce the alert level
of the ICBM force; but provide an exception to this prohibition
for activities related to maintenance, sustainment, and
replacement, or activities to ensure safety, security, or
reliability.
The Senate committee-reported bill contained a similar
provision (sec. 1515); and a proposed amendment (amendment
number 3290) to the Senate committee-reported bill contained a
similar provision (sec. 8112) that would express the sense of
Congress that the modernization of the ground-based leg of the
nuclear triad of the United States is vital to the security of
the homeland.
The agreement includes the Senate provision.
Sec. 1631 – Limitation on use of funds for altering Air Force
Global Strike Command
The Senate committee-reported bill contained a provision
(sec. 921) that would prohibit the use of funds authorized to be
appropriated for fiscal year 2025 for altering or adjusting the
existing composition, roles, or responsibilities of Air Force
Global Strike Command for the development of military
requirements for strategic deterrence or the execution of Joint
Forces Air Component Command support responsibilities for U.S.
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Strategic Command until 90 days after the Secretary of the Air
Force, in consultation with the Commander, U.S. Strategic
Command, provides a plan to the congressional defense committees
to ensure that future adjustments to the composition, roles, or
responsibilities of Air Force Global Strike Command will not
adversely affect the meeting the operational requirements of
U.S. Strategic Command or activities of the Department of
Defense to achieve presidential nuclear employment guidance
objectives.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1632 – Limitations on use of funds to dismantle B83–1
nuclear gravity bomb
The House bill contained a provision (sec. 1623) that
would limit the obligation and expenditure of more than 80
percent of certain funds authorized for travel expenses for the
Office of the Under Secretary of Defense for Research and
Engineering until the submission of the strategy required by
section 1674(b)(3) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263); and
limit the use of funds authorized to be appropriated or
otherwise made available for fiscal year 2025 for the
dismantlement of the B83-1 nuclear gravity bomb, with certain
exceptions.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1633 – Limitation on availability of funds pending
submission of plan for decreasing the time to upload additional
warheads to the intercontinental ballistic missile fleet
The Senate committee-reported bill contained a provision
(sec. 1520) that would limit the obligation and expenditure of
more than 70 percent of certain funds authorized for travel
expenses for the Secretary of the Air Force until the Secretary
provides the plan required by section 1650 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31) for decreasing the time to upload additional warheads to the
intercontinental ballistic missile fleet.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would adjust the limitation to not more than 80
percent of specified funds.
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Sec. 1634 – Limitation on availability of funds pending
submission of information on options for enhancing National
Nuclear Security Administration access to the defense industrial
base
The Senate committee-reported bill contained a provision
(sec. 1521) that would limit the obligation and expenditure of
more than 80 percent of certain funds authorized for travel
expenses for the Office of the Assistant Secretary of Defense
for Industrial Base Policy until the Assistant Secretary
provides a required briefing on enhancing the National Nuclear
Security Administration’s access to the defense industrial base.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would adjust the limitation to not more than 90
percent of specified funds.
Sec. 1635 – Defense Industrial Base workforce development
strategy
The Senate committee-reported bill contained a provision
(sec. 1541) that would direct the Secretary of Defense to
provide a strategy to develop a skilled manufacturing and highdemand vocational trade workforce in support of the national
technology and industrial base and nuclear security enterprise.
The House bill contained no similar provision.
The agreement includes the Senate provision with technical
and conforming amendments.
Sec. 1636 – Long-term plan for strategic nuclear forces during
delivery vehicle transition
The House bill contained a provision (sec. 1622) that
would require the Commander, U.S. Strategic Command to provide a
baseline strategy, biennially through 2031, on deployed
strategic nuclear warheads.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1637 – Reports and briefings on recommendations of the
Congressional Commission on the Strategic Posture of the United
States
The House bill contained a provision (sec. 1626) that
would require the Secretary of Defense to provide annual reports
and briefings on implementation of the recommendations of the
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Congressional Commission on the Strategic Posture of the United
States, established under section 1687 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81).
The Senate committee-reported bill contained similar
provisions (sec. 1511 and 1512).
The agreement includes the House provision with an
amendment that would make technical and conforming changes.
Sec. 1638 – Sense of Congress with respect to use of artificial
intelligence to support strategic deterrence
The House bill contained a provision (sec. 1627) that
would affirm the current policy of maintaining a human “in the
loop” for critical actions that inform and implement
presidential decisions on nuclear weapon employment.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision with an
amendment that would add a sense of Congress and modify the
statement of policy with respect to artificial intelligence and
the integrity of nuclear safeguards.
SUBTITLE D—MISSILE DEFENSE PROGRAMS
Sec. 1641 – Expansion of certain prohibitions relating to
missile defense information and systems to apply to People’s
Republic of China
The House bill contained a provision (sec. 1631) that
would expand existing prohibitions related to sharing certain
missile defense information with the Russian Federation to also
include the People’s Republic of China.
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1642 – Additional missile defense site for protection of
United States homeland
The House bill contained a provision (sec. 1633) that
would require the Director of the Missile Defense Agency to
establish, by 2031, a fully operational third continental
ballistic missile interceptor site on the east coast of the
United States.
The Senate committee-reported bill contained no similar
provision.
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The agreement includes the House provision with an
amendment.
Sec. 1643 – Advice and assistance regarding enhancement of
Jordanian air and missile defense
The House bill contained a provision (sec. 1512) that
would require the Secretary of Defense to submit a strategy to
improve cooperation between allies and partners in the Middle
East with respect to air and missile defense efforts.
The Senate committee-reported bill contained a provision
(sec. 1536) that would require the Secretary of Defense, in
coordination with the Commander, U.S. Central Command, to work
cooperatively with the Hashemite Kingdom of Jordan to establish
further capabilities for countering air and missile threats from
Iran and Iranian-linked groups.
The agreement includes the Senate provision with an
amendment that would authorize the Secretary of Defense, in
coordination with the Secretary of State and the Commander of
U.S. Central Command, to seek to advise and assist the Hashemite
Kingdom of Jordan with respect to countering certain air and
missile threats. The provision would also require the Secretary
of Defense to assess the feasibility of including Jordan in a
multinational integrated air and missile defense architecture.
Further, we direct the Secretary of Defense to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives, not later than March 1, 2025, on
implementation of section 1658 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law 117–
263; 136 Stat. 2951), including an update to the strategy
required in subsection (b).
Sec. 1644 – Iron Dome short-range rocket defense system and
Israeli cooperative missile defense program co-development and
co-production
The Senate committee-reported bill contained a provision
(sec. 1533) that would authorize funding for the procurement of
the Iron Dome short-range rocket defense system, David’s Sling
weapon system, and Arrow 3 Upper Tier Interceptor program as
outlined under the Memorandum of Agreement Between the
Department of Defense of the United States of America and the
Ministry of Defense of the State of Israel Concerning Iron Dome
Defense System Procurement.
The House bill contained no similar provision
The agreement includes the Senate provision.
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Sec. 1645 – Limitation on availability of funds with respect to
certain missile defense system governance documents, policies,
and procedures
The House bill contained a provision (sec. 1632) that
would limit the obligation and expenditure of more than 90
percent of certain funds authorized for travel expenses for the
Under Secretary of Defense for Research and Engineering until
the Under Secretary certifies rescission of the Directive
Memorandum 20-002 relating to “Missile Defense System Policies
and Governance” pursuant to section 1667 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118–31).
The Senate committee-reported bill contained no similar
provision.
The agreement includes the House provision.
Sec. 1646 – Congressional notification requirement with respect
to incidents that affect availability of United States homeland
missile defenses
The Senate committee-reported bill contained a provision
(sec. 1532) that would require the Secretary of Defense to
notify the congressional defense committees not later than 24
hours after a major incident affecting the availability of the
United States homeland missile defense system.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1647 – Plan for comprehensive ballistic missile defense
radar coverage of Guam
The Senate committee-reported bill contained a provision
(sec. 1534) that would require the Secretary of the Army to
provide a plan to ensure radar coverage of Guam for defense
against simultaneous ballistic missile threats from the People’s
Republic of China and North Korea.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1648 – Annual briefing on missile defense of Guam
The Senate committee-reported bill contained a provision
(sec. 1535) that would require the Under Secretary of Defense
for Acquisition and Sustainment to provide an annual briefing,
concurrent with the transmittal of the President’s budget
408
request, on missile defense of Guam until the overall missile
defense of the island reaches full operational capability.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Sec. 1649 – Organization and codification of provisions of law
relating to missile defense
The Senate committee-reported bill contained a provision
(sec. 1537) that would amend part I of subtitle A of title 10,
United States Code, to establish a new chapter regarding missile
defense.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would repeal certain outdated requirements.
SUBTITLE E—OTHER MATTERS
Sec. 1651 – Cooperative threat reduction funds
The House bill contained a provision (sec. 1642) that
would authorize $350.1 million to be appropriated for the
Department of Defense Cooperative Threat Reduction Program and
allocate specific funding for component programs; and specify
that funds authorized to be appropriated to the Department of
Defense for the Cooperative Threat Reduction Program,
established under the Department of Defense Cooperative Threat
Reduction Act (50 U.S.C. 3711), would be available for
obligation for fiscal years 2025 through 2027.
The Senate committee-reported bill contained a similar
provision (sec. 1301).
The conference agreement includes the House provision.
Sec. 1652 – Temporary continuation of requirement for reports on
activities and assistance under Department of Defense
Cooperative Threat Reduction Program
The Senate committee-reported bill contained a provision
(sec. 1302) that would amend section 1080(a) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) to reinstate an annual reporting requirement for the
Department of Defense Cooperative Threat Reduction Program
through calendar year 2030.
The House bill contained no similar provision.
The agreement includes the Senate provision.
409
Sec. 1653 – Modification to annual assessment of budget with
respect to electromagnetic spectrum operations capabilities
The House bill contained a provision (sec. 1641) that
would amend section 503 of title 10, United States Code, related
to an annual assessment of the budget with respect to modeling
and simulation capabilities for joint electromagnetic spectrum
operations.
The Senate committee-reported bill contained a related
provision (sec. 1548) that would make technical corrections to
chapter 25 of title 10, United States Code.
The agreement includes the House provision with an
amendment that would make technical and conforming changes.
We note that the additional technical corrections are
addressed elsewhere in this agreement.
Sec. 1654 – Modification of milestone decision authority for
space-based ground and airborne moving target indication systems
The Senate committee-reported bill contained a provision
(sec. 1503) that would amend section 1684 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118–
31) to modify the milestone decision authority for space-based
ground and airborne moving target indication systems to oversee
program cost and execution baseline; and require the service
acquisition executive for the Air Force for space systems and
programs to designate a program executive office for space-based
air and ground moving target indication.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the Secretary of the Air Force to
be the milestone decision authority for space-based moving
target indication primarily funded by the Department of Defense
and require the Chairman of the Joint Chiefs of Staff to provide
to congressional defense committees, not later than May 31,
2025, a date for the initial operating capability of a spacedbased ground moving target indication system.
Sec. 1655 – Designation of a senior defense official responsible
for establishment of a national integrated air and missile
defense architecture for the United States
The House bill contained a provision (sec. 1057) that
would require the Chairman of the Joint Chiefs of Staff to
provide a report on current or new sensor and interceptor
capabilities for defending critical infrastructure.
410
The Senate committee-reported bill contained a similar
provision (sec. 1531).
The agreement includes the Senate provision with an
amendment that would eliminate reporting requirements and
require the Secretary of Defense to designate a senior official
to be responsible for a national integrated air and missile
defense architecture for the United States.
We direct the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff, through the designated official, to
provide a briefing, not later than December 1, 2025, to the
Committees on Armed Services of the Senate and the House of
Representatives on the development of an integrated air and
missile defense architecture for defending the homeland. At a
minimum, the briefing shall include:
(1) Identification of terrestrial, maritime,
orbital, and cyber technological capabilities to address nonballistic and ballistic missile threats to the homeland and any
associated critical infrastructure assets, including the sensor,
command and control, and missile defeat systems required for the
operation of an integrated missile defense architecture for the
United States during the 10-year period starting on the date of
the enactment of this Act;
(2) Technological requirements to ensure
compatibility with the integrated air and missile defense
capabilities of the North Atlantic Treaty Organization and the
integrated air and missile defense architecture in the IndoPacific region that is under development as of the date of the
enactment of this Act;
(3) Integrated, time-phased development,
procurement, and deployment schedule for the systems comprising
the specified architecture;
(4) Initial cost estimates for development and
procurement of the required assets;
(5) Development and integration risk of the proposed
architecture;
(6) Personnel required to operate the proposed
architecture, including opportunities for reducing the
anticipated personnel requirements through increased use of
automation; and
(7) Any other matters the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff consider appropriate.
LEGISLATIVE PROVISIONS NOT ADOPTED
Assessment of updated force sizing requirements
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The Senate committee-reported bill contained a prov