Public Law 118-159changedby H.R. 3838 Sec. 130
(c) Covered F–18 aircraft defined.— In this section, the term covered F–18 aircraft means—(1) the eight F/A–18E/F Super Hornet aircraft procured using funds authorized and appropriated for the Navy during fiscal year 2023; or(2) in lieu of an aircraft described in paragraph (1), any Block II or newer F/A–18E/F tactical fighter aircraft that—(A) has a minimum of 2,000 flight hours of service-life remaining airframe flight time prior to the need for a required high flight-hour inspection and Service Life Modification process; and(B) is included in the Naval Aviation Master Aviation Plan and designated for the Navy Reserve.(d) Master aviation plan.— In conjunction with the activities required under this section, the Secretary of the Navy shall ensure that the Naval Aviation Master Aviation Plan remains up-to-date and relevant with respect to aviation units of the Navy Reserve.
The bill says: Section 127 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended by striking subsection (c) and inserting the following:
Bill text
10 U.S.C. 9062(j)(1)changedby H.R. 3838 Sec. 141(a)
(j)(1) Except as provided in paragraph (2), the Secretary of the Air Force shall maintain a total aircraft inventory of air refueling tanker aircraft of not less than 466 aircraft.
The bill says: in paragraph (1), by striking "a total aircraft inventory of air refueling tanker aircraft of not less than 466 aircraft" and inserting
Bill text · Current law (10 U.S.C. 9062)
10 U.S.C. 9062(j)(2)changedby H.R. 3838 Sec. 141(a)
(2) The Secretary of the Air Force may reduce the number of air refueling tanker aircraft in the total aircraft inventory of the Air Force below 466below the applicable level specified in paragraph (1) only if— (A) the Secretary certifies to the congressional defense committees that such reduction is justified by the results of the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91); and (B) a period of 30 days has elapsed following the date on which the certification is made to the congressional defense committees under subparagraph (A).
The bill says: in paragraph (2), by striking "below 466" and inserting "below the applicable level specified in paragraph (1)".
Bill text · Current law (10 U.S.C. 9062)
Public Law 117-263(a)(3)(B)changedby H.R. 3838 Sec. 142(a)
The bill says: Section 146(a)(3)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2455), as amended by section 145(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is amended by striking "2025" and inserting "2026".
Bill text
Public Law 117-263(b)(1)changedby H.R. 3838 Sec. 142(b)
The bill says: Section 146(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2455), as amended by section 145(b) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159), is amended by striking "2025" and inserting "2026".
Bill text
Public Law 114-328(d)changedby H.R. 3838 Sec. 143(a)
The bill says: Section 134(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038) is amended by striking "96 A–10 aircraft designated as primary mission aircraft inventory until a period of 90 days has elapsed following the date on which the Secretary submits to the congressional defense committees the report under subsection (e)(2)" and inserting "96 A–10 aircraft designated as primary mission aircraft inventory until October 1, 2026".
Bill text
Public Law 118-159(a)rewrittenby H.R. 3838 Sec. 151
(a) Prohibitions.— The Secretary of Defense may not—(1) operate, enter into or renew a contract for, the procurement of—(A) a covered light detection and ranging technology (referred to in this section as "LiDAR technology") that—(i) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;(ii) uses operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or(iii) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or(B) a system or systems that incorporates, interfaces with, or otherwise uses LiDAR technology as described in subparagraph (A); or(2) enter into or renew a contract with an entity that operates a covered LiDAR technology to perform a Department of Defense contract.
The bill says: Section 164(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended to read as follows:
Bill text
10 U.S.C. 4025(a)changedby H.R. 3838 Sec. 211(a)
(a) Authority.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the service acquisition executive for each military department, may carry out programs to award cash prizes and other types of prizes, including procurement contracts and other agreements, that the Secretary determines are appropriate to recognize outstanding achievements in basic, advanced, and…
The bill says: Subsection (a) of section 4025 of title 10, United States Code, is amended by striking ", acting through the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the service acquisition executive for each military department,".
Bill text · Current law (10 U.S.C. 4025)
10 U.S.C. 4123changedby H.R. 3838 Sec. 212(1)
The bill says: in the section heading, by inserting "and test organizations" after "defense laboratories";
Bill text · Current law (10 U.S.C. 4123)
10 U.S.C. 4123changedby H.R. 3838 Sec. 212(2)
The bill says: by inserting "or test organization" after "laboratory" each place it appears; and
Bill text · Current law (10 U.S.C. 4123)
10 U.S.C. 4123(a)(3)changedby H.R. 3838 Sec. 212(3)
(3) The science and technology executive of a military department may develop policies and guidance to leverage funding and promote cross-laboratory collaboration, including with laboratories or test organizations of other military departments.
The bill says: in subsection (a)(3), by inserting "or test organizations" after "laboratories".
Bill text · Current law (10 U.S.C. 4123)
10 U.S.C. 4174(a)changedby H.R. 3838 Sec. 213(a)
(a) A contract of a military departmentA covered contract for research or development, or both, may provide for the acquisition or construction by, or furnishing to, the contractor, of research, developmental, or test facilities and equipment that the Secretary of the military department…
The bill says: in subsection (a), by striking "A contract of a military department" and inserting "A covered contract"; and
Bill text · Current law (10 U.S.C. 4174)
10 U.S.C. 4174added (d)by H.R. 3838 Sec. 213(a)
(d)(1) In a case in which research, developmental, or test facilities and equipment described in this section are used to support multiple contracts or programs across different military departments, other Federal agencies outside the Department of Defense, or eligible non-Federal entities, a jointly funded project may be established.(2) Under a jointly funded project, the Secretary of Defense (or the Secretary’s designee) shall enter into a written agreement with each entity participating in the project. Each such agreement shall, at a minimum, address the following:(A) Cost sharing arrangements, including the proportion of total project costs to be borne by each entity.(B) Allocation of access to the facilities and equipment, including prioritization procedures in cases of competing demands.(C) Management and oversight responsibilities, including the designation of a lead agency.(D) Ownership and intellectual property rights related to the facilities, equipment, and any resulting data or inventions.(E) Dispute resolution mechanisms.(3) A non-Federal entity, including a private company, academic institution, or non-profit organization, may participate in a jointly funded project under this subsection only if the Secretary of Defense determines such participation is in the national security interest and consistent with applicable laws and regulations.(4) The Secretary of Defense shall issue regulations to implement this subsection. Such regulations shall include specific criteria for evaluating proposed jointly funded projects, standardized agreement templates, and procedures for ensuring the transparency and accountability of such projects.(e) In this section, the term covered contract means—(1) a contract of a military department; or(2) a contract for a jointly funded project as described subsection (c).
The bill says: by adding at the end the following new subsections:
Bill text · Current law (10 U.S.C. 4174)
Public Law 118-159(a)changedby H.R. 3838 Sec. 214
The bill says: Section 238(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 1842) is amended by inserting "or fiscal year 2026" after "fiscal year 2025".
Bill text
Public Law 118-31(b)(1)(A)changedby H.R. 3838 Sec. 215(1)
The bill says: in paragraph (1)(A), by striking "the Nevada Test and Training Range, Restricted Area 2508, Warning Area 151/470, Warning Area 386, and the Joint Pacific Alaska Range Complex" and inserting "military special use airspace including all prohibited areas, restricted areas, warning areas, and military operational areas";
Bill text
Public Law 118-31(b)(2)changedby H.R. 3838 Sec. 215(2)
The bill says: in paragraph (2), in the matter before subparagraph (A), by striking "training, and large-scale exercises." and inserting "regular training, and large-scale exercises. Under such processes, approval of Link 16 operations shall be presumed and denial of Link 16 operations shall be accompanied with substantiated evidence demonstrating compromise of safety due to electromagnetic interference."; and
Bill text
Public Law 118-31(b)(5)changedby H.R. 3838 Sec. 215(3)
The bill says: in paragraph (5), by inserting "regular" before "training".
Bill text
Public Law 117-263renumberedby H.R. 3838 Sec. 216(1)
The bill says: by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and
Bill text
Public Law 117-263added (d)by H.R. 3838 Sec. 216(2)
(d) Applicability of funding.— The activities described in subsection (c), including the design and construction of facilities, are applicable to funds authorized to be appropriated for the Department of Defense for research, development, test, and evaluation.
The bill says: by inserting after subsection (c) the following new subsection:
Bill text
Public Law 113-291changedby H.R. 3838 Sec. 217(a)
The bill says: Subsection (e) of section 232 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. note prec. 4091) is amended by striking "September 30, 2025" and inserting "September 30, 2030".
Bill text
10 U.S.C. 1766(a)changedby H.R. 3838 Sec. 236
(a) Establishment.—The Secretary of Defense, in consultation with the Secretaries of the military departments, may establishshall establish and maintain a joint reserve detachment (referred to in this section as the "Detachment") composed of members of the reserve components described in subsection (b) to be assigned to each office of the Defense Innovation Unit to— (1) support engagement and collaboration with private-sector industry and the community surrounding the location of such office; and (2) accelerate the use and adoption of commercially-developed technologies for national security purposes.
The bill says: Section 1766(a) of title 10, United States Code, is amended by striking "may establish" and inserting "shall establish and maintain".
Bill text · Current law (10 U.S.C. 1766)
10 U.S.C. 149(f)(2)renumberedby H.R. 3838 Sec. 311(1)
The bill says: by redesignating subparagraphs (U) through (GG) as subparagraphs (W) through (II), respectively; and
Bill text · Current law (10 U.S.C. 149)
10 U.S.C. 149(f)(2)added (U)by H.R. 3838 Sec. 311(2)
(U) Nuclear energy.(V) Nuclear technologies.
The bill says: by inserting after subparagraph (T) the following new subparagraphs:
Bill text · Current law (10 U.S.C. 149)
10 U.S.C. 2711(b)added (6)by H.R. 3838 Sec. 312(1)
(6) Information on the costs associated with investigating and remediating per- and polyfluoroalkyl substances contamination, including—(A) detailed information regarding the total potential total costs to the Department of investigating and remediating such contamination at all locations where investigation and remediation is expected to be funded by the Department; and(B) the cost assumption analysis required under subsection (d).
The bill says: in subsection (b), by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 2711)
10 U.S.C. 2711added (d)by H.R. 3838 Sec. 312(2)
(d) PFAS cost assumption analysis.— The Secretary shall carry out an annual cost assumption analysis with respect to the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination that—(1) includes—(A) an assessment of any changes in regulatory standards, treatment technologies, and site prioritization that could affect future costs;(B) examples of how modifying assumptions about contamination extent, remediation timelines, or emerging disposal methods could affect projected costs; and(C) an identification of any funding shortfalls or other constraints that could affect the investigation and remediation of such contamination; and(2) incorporates a risk and uncertainty analysis with respect to the effects of potential changes in the most important contributors to the costs to the Department of investigating and remediating per- and polyfluoroalkyl substances contamination, including—(A) variability in the extent of such contamination based on ongoing site assessments, inspections, and investigations;(B) shifts in regulatory requirements that could alter investigation and remediation strategies; and(C) advances in technologies for the treatment and disposal such contamination that could reduce or increase long-term costs.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 2711)
Public Law 116-92(b)changedby H.R. 3838 Sec. 313(1)
The bill says: by striking "October 1, 2023" and inserting "October 1, 2026"; and
Bill text
Public Law 116-92(b)changedby H.R. 3838 Sec. 313(1)
The bill says: by striking "in excess of one part per billion of" and inserting "detectable";
Bill text
Public Law 116-92(c)(1)changedby H.R. 3838 Sec. 313(2)
The bill says: in subsection (c)(1), by striking "October 1, 2024" and inserting "October 1, 2026";
Bill text
Public Law 116-92changedby H.R. 3838 Sec. 313(3)
(d) Exemptions.— Subsections (b) and (c) shall not apply to firefighting foam for use—(1) onboard oceangoing vessels, including use in pier-side inspection, testing, and maintenance;(2) that is necessary to conduct testing to meet military specification qualification requirements and ensure quality standards of the inventory of the Department;(3) during research, development, test, and evaluation of fluorine-free fire-fighting agents;(4) on naval nuclear submarine propulsion plants; or(5) in tactical vehicles and equipment that is incompatible with fluorine-free fire-fighting agents.
The bill says: by striking subsection (d) and inserting the following:
Bill text
Public Law 116-92(e)(1)changedby H.R. 3838 Sec. 313(4)
The bill says: in the matter preceding subparagraph (A), by inserting "the limitation under subsection (b) or" before "the prohibition"; and
Bill text
Public Law 116-92(e)(1)(B)(ii)changedby H.R. 3838 Sec. 313(4)
The bill says: in clause (ii), by inserting "or to maintain military readiness" after "safety";
Bill text
Public Law 116-92(e)(1)(B)removedby H.R. 3838 Sec. 313(4)
The bill says: by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and
Bill text
Public Law 116-92(e)(1)(B)(iii)changedby H.R. 3838 Sec. 313(4)
The bill says: in clause (iii), as so redesignated, by striking "and does not require revision"; and
Bill text
Public Law 116-92(e)(2)(C)changedby H.R. 3838 Sec. 313(4)
The bill says: in paragraph (2)(C), by striking "Secretary of Defense" and inserting "Under Secretary of Defense for Acquisition and Sustainment".
Bill text
10 U.S.C. 2465(b)(4)changedby H.R. 3838 Sec. 323(1)
(4) A contract for the performance of firefighting or security-guard functions if the contract is— (A) for a period of one year or less; and (B) covers only the performance of firefighting functions that, in the absence of the contract, would have to be performed by members of the armed forces who are not readily available to perform such functions by reason of a deployment.
The bill says: in paragraph (4), by inserting "or security-guard" after "firefighting" each place such term appears; and
Bill text · Current law (10 U.S.C. 2465)
10 U.S.C. 2465(b)added (5)by H.R. 3838 Sec. 323(1)
(5) An installation access control security guard contract to be carried out at an installation with less than 300 permanently assigned enlisted members in grades below E-7 and entitled to basic pay.
The bill says: by adding at the end the following:
Bill text · Current law (10 U.S.C. 2465)
10 U.S.C. 2465added (c)by H.R. 3838 Sec. 323(2)
(c) Inapplicability during war or national emergency.— The provisions of this section shall not apply during war or during a period of war or national emergency declared by the President or an Act of Congress.
The bill says: by adding at the end the following:
Bill text · Current law (10 U.S.C. 2465)
10 U.S.C. 2208(u)(4)changedby H.R. 3838 Sec. 331
The bill says: Section 2208(u)(4) of title 10, United States Code, is amended by striking "September 30, 2025" and inserting "September 30, 2027".
Bill text · Current law (10 U.S.C. 2208)
10 U.S.C. 2476(a)(1)changedby H.R. 3838 Sec. 333
The bill says: Section 2476(a)(1) of title 10, United States Code, is amended by striking "the preceding three fiscal years" and inserting "the preceding fiscal year, the current fiscal year, and the estimated amount for the following fiscal year".
Bill text · Current law (10 U.S.C. 2476)
Public Law 117-81(c)(2)(A)changedby H.R. 3838 Sec. 335
The bill says: Section 355(c)(2)(A) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 8013 note) is amended by inserting "and the incorporation of digital infrastructure (including hardware, software, and cloud storage) and platforms" before "; and".
Bill text
Public Law 116-92removedby H.R. 3838 Sec. 336(1)
The bill says: by striking subsection (c); and
Bill text
Public Law 116-92renumberedby H.R. 3838 Sec. 336(2)
The bill says: by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
Bill text
10 U.S.C. 8617added 8617Aby H.R. 3838 Sec. 354
8617A. United States Navy Museum System.—(a) In general.— The Secretary of the Navy shall support a system of official Navy museums, which shall collectively be known as the "United States Navy Museum System". Such system shall include the following museums:(1) The National Museum of the United States Navy.(2) The United States Naval Academy Museum.(3) The Naval War College Museum.(4) The Submarine Force Museum.(5) The National Naval Aviation Museum.(6) USS Constitution Naval History and Heritage Command, Detachment Boston.(7) The United States Navy Seabee Museum.(8) The Puget Sound Navy Museum.(9) The Naval Undersea Museum.(10) The National Museum of the American Sailor.(11) The Hampton Roads Naval Museum.(12) Such other museums as may be designated by the Secretary of the Navy that meet criteria established under subsection (b).(b) Criteria for designation.— The Secretary of the Navy shall establish criteria for designating museums other than museums identified in paragraphs (1) through (11) of subsection (a) for inclusion in the United States Navy Museum System. Such criteria shall include—(1) historical significance to naval operations, technology, or personnel;(2) public accessibility and educational outreach programs; and(3) alignment with the mission of the Navy to preserve its heritage.(c) Funding and support.— Consistent with applicable law, the Secretary may enter into partnerships, including with nonprofit organizations, to enhance the financial sustainability and public engagement of the museums in the United States Museum System.
The bill says: Chapter 861 of title 10, United States Code, is amended by inserting after section 8617 the following new section:
Bill text · Current law (10 U.S.C. 8617)
10 U.S.C. 488added 489by H.R. 3838 Sec. 361(a)
489 Biennial assessments on nutrition standards of military departments.— On a biennial basis, the Secretary of Defense shall—(1) conduct an assessment of the nutrition standards of each military department, including by reviewing any nutrition program or related policy of that military department, and the extent to which such standards are reflected in the food options accessible to members of the armed forces at the military installations of that military department;(2) submit a report containing the results of such assessment to the Committees on Armed Services of the House of Representatives and the Senate; and(3) publish such report on a publicly available website of the Department of Defense.
The bill says: Chapter 23 of title 10, United States Code, is amended by inserting after section 488 the following new section:
Bill text · Current law (10 U.S.C. 488)
10 U.S.C. 2387changedby H.R. 3838 Sec. 371(1)
The bill says: in the section heading, by striking ": requirement to transfer animals to 341st Training Squadron after service life";
Bill text · Current law (10 U.S.C. 2387)
10 U.S.C. 2387changedby H.R. 3838 Sec. 371(2)
The bill says: in the heading for subsection (a), by striking "In general" and inserting "Requirement to transfer";
Bill text · Current law (10 U.S.C. 2387)
10 U.S.C. 2387renumberedby H.R. 3838 Sec. 371(3)
The bill says: by redesignating subsection (c) as subsection (d); and
Bill text · Current law (10 U.S.C. 2387)
10 U.S.C. 2387added (c)by H.R. 3838 Sec. 371(4)
(c) Authority to evacuate.—(1) Subject to the limitations under paragraph (2), in the event of a situation during which the Department of Defense evacuates noncombatants from a foreign country, the Secretary of Defense may enter into agreements with appropriate nonprofit entities under which such entities provide for the evacuation of—(A) the family pets of citizens of the United States who are evacuated by the Department; and(B) contract working dogs located in such country.(2) The limitations under this paragraph are as follows:(A) The Department of Defense is not responsible for providing veterinary care for a family pet or contract working dog by reason of the evacuation of the pet or dog pursuant to paragraph (1).(B) The Secretary may not exercise the authority under paragraph (1) if the exercise of such authority would result in a reduction in the number of individuals who would otherwise be evacuated.
The bill says: by inserting after subsection (b) the following new subsection (c):
Bill text · Current law (10 U.S.C. 2387)
10 U.S.C. 2679(f)(3)changedby H.R. 3838 Sec. 373(1)
The bill says: by striking "and" before "the United States Virgin Islands"; and
Bill text · Current law (10 U.S.C. 2679)
10 U.S.C. 2679(f)(3)changedby H.R. 3838 Sec. 373(2)
The bill says: by inserting "the State of Yap of the Federated States of Micronesia, and the Republic of Palau," after "Virgin Islands,".
Bill text · Current law (10 U.S.C. 2679)
10 U.S.C. 115(i)added (14)by H.R. 3838 Sec. 415
(14) Members of the National Guard on active duty or full-time National Guard duty for the purpose of supporting military intelligence operations under section 12301(d) of this title.
The bill says: Section 115(i) of title 10, United States Code, is amended by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 115)
10 U.S.C. 115aremovedby H.R. 3838 Sec. 422(a)
The bill says: Section 115a of title 10, United States Code, is amended by striking subsection (g).
Bill text · Current law (10 U.S.C. 115a)
10 U.S.C. 525(a)changedby H.R. 3838 Sec. 501(a)
The bill says: in the matter preceding paragraph (1), by inserting "or the Space Force officer list" after "officer on the active duty list";
Bill text · Current law (10 U.S.C. 525)
10 U.S.C. 525(a)(5)(A)changedby H.R. 3838 Sec. 501(a)
The bill says: in subparagraph (A), by striking "officers in the grade of general" and inserting "officers on sustained duty orders in the grade of general";
Bill text · Current law (10 U.S.C. 525)
10 U.S.C. 525(a)(5)(B)changedby H.R. 3838 Sec. 501(a)
The bill says: in subparagraph (B), by striking "officers in a grade above" and inserting "officers on sustained duty orders in a grade above"; and
Bill text · Current law (10 U.S.C. 525)
10 U.S.C. 525(a)(5)(C)changedby H.R. 3838 Sec. 501(a)
The bill says: in subparagraph (C), by striking "officers in the grade" and inserting "officers on sustained duty orders in the grade"; and
Bill text · Current law (10 U.S.C. 525)
10 U.S.C. 525(h)added (3)by H.R. 3838 Sec. 501(a)
(3)(A) The limitations of this section do not apply to a Space Force general officer serving in space force active status not on sustained duty orders, and who is on active duty for a period in excess of 365 days but not to exceed three years. Unless authorized by the Secretary of Defense, the number of Space Force general officers covered by this subsection and not serving in a joint duty assignment for purposes of chapter 38 of this title may not exceed five.(B) Not later than 30 days after authorizing a number of Space Force general officers in excess of the number specified in subparagraph (A), the Secretary of Defense shall provide a notification as required in paragraph (2).
The bill says: in subsection (h), by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 525)
10 U.S.C. 526(a)(3)changedby H.R. 3838 Sec. 502(1)
The bill says: in paragraph (3), by striking "171" and inserting "168"; and
Bill text · Current law (10 U.S.C. 526)
10 U.S.C. 526(a)(5)changedby H.R. 3838 Sec. 502(2)
The bill says: in paragraph (5), by striking "21" and inserting "24".
Bill text · Current law (10 U.S.C. 526)
10 U.S.C. 612(b)changedby H.R. 3838 Sec. 503(1)
The bill says: by inserting "(1)" after "(b)"; and
Bill text · Current law (10 U.S.C. 612)
10 U.S.C. 612(b)added (2)by H.R. 3838 Sec. 503(2)
(2) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may waive the limitation in paragraph (1) in the case of a selection board that will consider officers for recommendation for promotion to the grade of major general or rear admiral if the Secretary of the military department determines that qualified officers on the active-duty list or Space Force officer list or otherwise authorized to serve on the board are not available in sufficient number to comprise that selection board.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 612)
10 U.S.C. 710(a)changedby H.R. 3838 Sec. 504(a)
The bill says: by inserting "(1)" before "Each Secretary"; and
Bill text · Current law (10 U.S.C. 710)
10 U.S.C. 710(a)added (2)by H.R. 3838 Sec. 504(a)
(2) If the Secretary of a military department carries out a program under paragraph (1), such Secretary shall, pursuant to this section, inactivate a member who completes a detail under section 2004c of this title upon such completion so such member may perform religious ministry that meets professional requirements for appointment as a chaplain in the military department concerned.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 710)
10 U.S.C. 2004badded 2004cby H.R. 3838 Sec. 504(b)
2004c. Detail as students at schools for education required for appointment as a chaplain: commissioned officers; certain enlisted members.—(a) Detail authorized.— The Secretary of each military department may detail commissioned officers and enlisted members of the armed forces as students at accredited colleges, universities, and schools of theology, located in the United States, for a period of training leading to a graduate degree that meets the educational requirements for appointment as a chaplain in the armed forces. No more than twenty officers and enlisted members from each military department may commence such training in any single fiscal year.(b) Eligibility for detail.— To be eligible for detail under subsection (a), an officer or enlisted member must be a citizen of the United States and must—(1)(A) have served on active duty for a period of not less than two years nor more than five years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or(B) have served on active duty for a period of not less than three years nor more than ten years and be an enlisted member in the pay grade E–4 or above as of the time the training is to begin;(2) in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and(3) sign an agreement that unless sooner separated the officer or enlisted member will—(A) complete the educational course of chaplaincy training; and(B) if the Secretary of the military department concerned carries out a program under section 710 of this title—(i) agree to be inactivated for a period of not less than two years nor more than three years under subsection (a)(2) of such section title upon completion of a detail under this section; and(ii) accept transfer or detail as a chaplain in the military department concerned upon completion of the period described in clause (i).(c) Service obligation.— The agreement of an officer or enlisted member under subsection (b) shall provide that the officer or enlisted member shall serve on active duty for two years for each year or part thereof of chaplaincy training completed under subsection (a), except that the agreement may authorize the officer or enlisted member to serve a portion of such service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve, in which case the officer or enlisted member shall serve three years in the Selected Reserve for each year or part thereof of the chaplaincy training of such officer or enlisted member under subsection (a) for any service obligation that was not completed before separation from active duty.(d) Selection of officers and enlisted members for detail.— Officers and enlisted members detailed for chaplaincy training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned.(e) Relation of service obligations to other service obligations.— Any service obligation incurred by an officer or enlisted member under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by such officer or enlisted any other provision of law or agreement.(f) Expenses.— Expenses incident to the detail of officers and enlisted members under this section shall be paid from any funds appropriated for the military department concerned.(g) Failure to complete program.— An officer or enlisted member who is dropped from a program of chaplaincy training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to—(1) perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall an officer or enlisted member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program; or(2) repay the expenses incident to the detail of such officer or enlisted member and paid under subsection (f).(h) Limitation on details.— No agreement detailing an officer or enlisted member of the armed forces to a chaplaincy school may be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces.
The bill says: Chapter 101 of title 10, United States Code, is amended by inserting after section 2004b the following new section 2004c:
Bill text · Current law (10 U.S.C. 2004b)
10 U.S.C. 7037(a)addedby H.R. 3838 Sec. 505(a)
The bill says: Section 7037(a) of title 10, United States Code, is amended by adding at the end the following: "The Judge Advocate General, while so serving, has the grade of lieutenant general.".
Bill text · Current law (10 U.S.C. 7037)
10 U.S.C. 8088(b)addedby H.R. 3838 Sec. 505(b)
The bill says: Section 8088(b) of title 10, United States Code, is amended by adding at the end the following: "The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.".
Bill text · Current law (10 U.S.C. 8088)
10 U.S.C. 9037(a)addedby H.R. 3838 Sec. 505(c)
The bill says: Section 9037(a) of title 10, United States Code, is amended by adding at the end the following: "The Judge Advocate General, while so serving, has the grade of lieutenant general.".
Bill text · Current law (10 U.S.C. 9037)
10 U.S.C. 20215(a)rewrittenby H.R. 3838 Sec. 506(a)
(a) Criteria for recommendation of officers for promotion.—(1) A selection board convened under section 20211 of this title to consider officers for promotion to a grade below major general shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the Space Force for officers with particular skills (as noted in the guidelines or information furnished the board under section 615(b) of this title), considers best qualified for promotion within each competitive category considered by the board.(2) A selection board convened under section 20211 of this title to consider officers for promotion to the grade of major general shall recommend for promotion to such grade those officers considered by the board whom the board considers exceptionally well qualified for promotion.
The bill says: Subsection (a) of section 20215 of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 20215)
10 U.S.C. 715changedby H.R. 3838 Sec. 509(a)
The bill says: Section 715 of title 10, United States Code, is amended by striking the first two sentences and inserting the following: "An officer serving as Attending Physician to the Congress, while so serving, holds the grade of colonel, or in the case of an officer of the Navy, captain.".
Bill text · Current law (10 U.S.C. 715)
10 U.S.C. 525removedby H.R. 3838 Sec. 509(a)
The bill says: by striking subsection (f); and
Bill text · Current law (10 U.S.C. 525)
10 U.S.C. 525renumberedby H.R. 3838 Sec. 509(a)
The bill says: by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.
Bill text · Current law (10 U.S.C. 525)
37 U.S.C. 302(a)(3)changedby H.R. 3838 Sec. 509(b)
The bill says: by striking "An officer" and inserting "(A) Subject to subparagraph (B), an officer"; and
Bill text · Current law (37 U.S.C. 302)
37 U.S.C. 302(a)(3)added (B)by H.R. 3838 Sec. 509(b)
(B) This paragraph shall not apply to an officer serving as the Attending Physician to the Congress.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (37 U.S.C. 302)
10 U.S.C. 7038(b)changedby H.R. 3838 Sec. 511(a)
The bill says: Section 7038(b) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following new paragraph:
Bill text · Current law (10 U.S.C. 7038)
10 U.S.C. 12304brenumberedby H.R. 3838 Sec. 512(1)
The bill says: by redesignating subsection (i) as subsection (j);
Bill text · Current law (10 U.S.C. 12304b)
10 U.S.C. 12304badded (i)by H.R. 3838 Sec. 512(2)
(i) Temporary authority for extended activation for Marine Corps.—(1) The Secretary of the Navy may exercise the authority under subsection (a) with respect to units of the Selected Reserve of the Marine Corps by substituting "545 consecutive days" for "365 consecutive days".(2) In carrying out paragraph (1), the Secretary of the Navy may not order a unit to active duty in direct support of an operation for more than 365 consecutive days. For purposes of this paragraph, direct support does not include training, exercises, or preparation activities prior to deployment to support an operation.(3) The authority under this subsection shall terminate on December 31, 2030.
The bill says: by inserting after subsection (h) the following new subsection:
Bill text · Current law (10 U.S.C. 12304b)
10 U.S.C. 12304b(j)changedby H.R. 3838 Sec. 512(3)
The bill says: in subsection (j), as redesignated by paragraph (1) of this section, by striking "section 231(f)(2)" and inserting "section 231".
Bill text · Current law (10 U.S.C. 12304b)
32 U.S.C. 303added (d)by H.R. 3838 Sec. 514
(d)(1) Under regulations prescribed by the Secretary of the Army, an officer of the Army National Guard—(A) who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; or(B) transferred pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy described in such paragraph.(2) Under regulations prescribed by the Secretary of the Air Force, an officer of the Air Force National Guard—(A) who fills a vacancy in a federally recognized unit of the Air Force National Guard may be transferred from the active Air Force National Guard to the inactive Air Force National Guard; or(B) transferred pursuant to paragraph (1) may be transferred from the inactive Air Force National Guard to the active Air Force National Guard to fill a vacancy described in such paragraph.
The bill says: Section 303 of title 32, United States Code, is amended by adding at the end the following new subsections:
Bill text · Current law (32 U.S.C. 303)
32 U.S.C. 328added 328Aby H.R. 3838 Sec. 515(a)
328A. Active Guard and Reserve duty: State disaster response duty.—(a) Authority.— The chief executive of a State who has declared a emergency in such State due to a disaster, may, with the consent of the Secretary of Defense, order a member of the National Guard of such State, who is performing Active Guard and Reserve duty pursuant to section 328 of this title, to perform duties in response to, or in preparation for, such disaster. Duty performed under this section shall be referred to as "State disaster response duty".(b) Requirements.— State disaster response duty performed pursuant to this section—(1) shall be on a reimbursable basis, in accordance with subsection (c);(2) may be performed to the extent that the performance of such duty does not interfere with the performance of the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the reserve components; and(3) shall not exceed a total of 14 days per member per calendar year, except that the Secretary of Defense may, if the chief executive so requests before the end of the 14th such day, authorize an extension of the duration of such duty, not to exceed an additional—(A) 7 days, if the Secretary determines that such extension is appropriate; and(B) 46 days if the Secretary determines that such duty is in support of the response to a catastrophic incident, as such term is defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).(c) Reimbursement.—(1) The Secretary of the military department concerned shall charge a State for the fully burdened costs of manpower for each day of State disaster response duty performed pursuant to this section.(2) Such charges shall be paid from the funds of the State of the requesting chief executive or from any other non-Federal funds.(3) Any amounts received by a Secretary of a military department under this section shall be credited, at the discretion of the Secretary of Defense, to—(A) the appropriation, fund, or account used to pay such costs; or(B) an appropriation, fund, or account available for the purposes for which such costs were incurred.(4) If the State of the requesting chief executive is more than 90 days in arrears in reimbursing the Secretary of the military department concerned for State disaster response duty performed pursuant to this section, such duty may not be performed—(A) unless authorized by the Secretary of Defense; and(B) after the requesting chief executive obligates funds for the amount in arrears.(d) Limitation of liability.— While performing State disaster response duty under this section, a member of the National Guard is not an instrumentality of the United States with respect to any act or omission in carrying out such duty. The United States shall not be responsible for any claim or judgment arising from the use of a member of the National Guard under this section.(e) Definitions.— In this section:(1) The term Active Guard and Reserve duty has the meaning given such term in section 101 of title 10.(2) The term State has the meaning given such term in section 901 of this title.
The bill says: Chapter 3 of title 32, United States Code, is amended by inserting after section 328 the following new section:
Bill text · Current law (32 U.S.C. 328)
32 U.S.C. 510(a)changedby H.R. 3838 Sec. 516(1)
The bill says: by inserting "(1)" before "The Secretary";
Bill text · Current law (32 U.S.C. 510)