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)
32 U.S.C. 510(a)changedby H.R. 3838 Sec. 516(1)
The bill says: by inserting "of record" after "carry out a program"; and
Bill text · Current law (32 U.S.C. 510)
32 U.S.C. 510(a)added (2)by H.R. 3838 Sec. 516(1)
(2) The FireGuard Program is authorized through December 31, 2031.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (32 U.S.C. 510)
32 U.S.C. 510added (c)by H.R. 3838 Sec. 516(2)
(c) Annual briefing.— Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the first of five annual briefings regarding the FireGuard Program. Such a briefing shall include, with regards to the year preceding the date of the briefing, the following elements:(1) The States (as such term is defined in section 901 of this title), counties, municipalities, and Tribal governments that received information under the FireGuard Program.(2) A comparative analysis of a map of—(A) each wildfire, initially provided to an entity described in paragraph (1) through the FireGuard Program; and(B) the perimeter of such wildfire after containment.(3) An analysis of the time between the detection of a fire via raw satellite data and alerts being sent to local responders.(4) A review of efforts undertaken to integrate emerging satellite and aerial surveillance technologies from qualified private, nonprofit, and public sector sources.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (32 U.S.C. 510)
32 U.S.C. 508(d)renumberedby H.R. 3838 Sec. 519(1)
The bill says: by redesignating paragraph (14) as paragraph (17); and
Bill text · Current law (32 U.S.C. 508)
32 U.S.C. 508(d)added (14)by H.R. 3838 Sec. 519(2)
(14) The Young Marines.(15) The Naval Sea Cadet Corps.(16) The United States Coast Guard Auxiliary.
The bill says: by inserting after paragraph (13) the following:
Bill text · Current law (32 U.S.C. 508)
38 U.S.C. 1171(b)(2)rewrittenby H.R. 3838 Sec. 522(b)
The bill says: Section 1171(b)(2) of title 38, United States Code, is amended to read as follows:
Bill text · Current law (38 U.S.C. 1171)
10 U.S.C. 7063(a)(12)changedby H.R. 3838 Sec. 523(1)
The bill says: in paragraph (12), by striking "; and" and inserting a semicolon;
Bill text · Current law (10 U.S.C. 7063)
10 U.S.C. 7063(a)renumberedby H.R. 3838 Sec. 523(2)
The bill says: by redesignating paragraph (13) as paragraph (24); and
Bill text · Current law (10 U.S.C. 7063)
10 U.S.C. 7063(a)added (13)by H.R. 3838 Sec. 523(3)
(13) Air Defense Artillery;(14) Aviation;(15) Cavalry Scout;(16) Psychological Operations;(17) Special Forces;(18) Civil Affairs;(19) Cyber;(20) Electronic Warfare;(21) Military Intelligence;(22) Public Affairs;(23) Army Music; and
The bill says: by inserting after paragraph (12) the following new paragraphs:
Bill text · Current law (10 U.S.C. 7063)
10 U.S.C. 503(c)(1)(A)(i)changedby H.R. 3838 Sec. 531(a)
The bill says: in clause (i), by striking "the same access to secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of those students" and inserting "meaningful access to secondary schools (including at least four visits across each academic year, between classes, when students are physically present, and in a manner that does not interfere with class attendance), and, after reasonable notice, in meeting spaces including auditoriums, at athletic functions, and at other group or social activities"; and
Bill text · Current law (10 U.S.C. 503)
10 U.S.C. 503(c)(1)(A)(iii)changedby H.R. 3838 Sec. 531(a)
The bill says: by inserting "during the first 60 days of the academic year, and not later than 30 days after receiving such request during another period of time" after "receiving such request"; and
Bill text · Current law (10 U.S.C. 503)
10 U.S.C. 503(c)(1)(A)(iii)changedby H.R. 3838 Sec. 531(a)
The bill says: by inserting "academic grades, sexes," after "student names,".
Bill text · Current law (10 U.S.C. 503)
10 U.S.C. 983(b)(1)changedby H.R. 3838 Sec. 531(b)
The bill says: in paragraph (1), by striking "in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other employer" and inserting "(including at least four visits across each academic year, between classes, when students are physically present, and in a manner that does not interfere with class attendance), and, after reasonable notice, in meeting spaces including auditoriums, at athletic functions, and at other group or social activities"; and
Bill text · Current law (10 U.S.C. 983)
10 U.S.C. 983(b)(2)(A)changedby H.R. 3838 Sec. 531(b)
The bill says: by inserting "academic grades, sexes," after "names,";
Bill text · Current law (10 U.S.C. 983)
10 U.S.C. 983(b)(2)(A)changedby H.R. 3838 Sec. 531(b)
The bill says: by striking "60th day following the date of a request" and inserting "60 days after receiving a request during the first 60 days of the academic year, and not later than 30 days after the date of a request during another period of time"; and
Bill text · Current law (10 U.S.C. 983)
10 U.S.C. 983(b)(2)(A)changedby H.R. 3838 Sec. 531(b)
The bill says: by striking "; and" and inserting a semicolon;
Bill text · Current law (10 U.S.C. 983)
10 U.S.C. 983(b)(2)(B)changedby H.R. 3838 Sec. 531(b)
The bill says: in subparagraph (B), by striking the period at the end and inserting "; and"; and
Bill text · Current law (10 U.S.C. 983)
10 U.S.C. 983(b)(2)added (C)by H.R. 3838 Sec. 531(b)
(C) whether the student submitted a Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) (if collected by the institution); and
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (10 U.S.C. 983)
10 U.S.C. 983(b)added (3)by H.R. 3838 Sec. 531(b)
(3) access by military recruiters for purposes of military recruiting, with respect to students (who are 17 years of age or older) not returning to the institution after having been enrolled during the previous semester—(A) the information required under paragraph (2); and(B) the reason why such students did not return, if collected by the institution.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 983)
10 U.S.C. 504added (c)by H.R. 3838 Sec. 532(a)
(c) Alternative service in the defense industrial base.—(1) The Secretary of Defense shall carry out a program to provide to an individual described in paragraph (2) information about with opportunities to work in the defense industrial base.(2) An individual described in this paragraph is an individual who seeks to originally enlist in an armed force but is denied enlistment.(3) In carrying out the program, the Secretary shall—(A) identify job opportunities in the defense industrial base;(B) provide available information about training or certification programs to obtain the skills necessary for such a job; and(C) seek to enter into agreements with entities in the defense industrial base.(4) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives an annual report on the program under this subsection. Such a report shall include, with respect to the year preceding the date of the report, the following elements:(A) The number of individuals described in paragraph (2) provided information described in paragraph (3)(A).(B) The number of individuals described in paragraph (2) provided information described in paragraph (3)(B).(C) The number of agreements described in paragraph (3)(C) into which the Secretary entered.
The bill says: Section 504 of title 10, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 504)
50 U.S.C. 3801changedby H.R. 3838 Sec. 534(a)
3(a)(1) Except as otherwise provided in this title, every male citizen of the United States, and every other male person residing in the United States, between the ages of eighteen and twenty-six, shall be automatically registered under this Act by the Director of the Selective Service System.(2) This section shall not apply to any alien lawfully admitted to the United States as a nonimmigrant under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101) for so long as such alien continues to maintain a lawful nonimmigrant status in the United States.(b) Regulations prescribed pursuant to this section (a) may require—(1) a person subject to registration under this section to provide, to the Director, information (including date of birth, address, social security account number, phone number, and email address) regarding such person;(2) a Federal entity to provide, to the Director, information described in paragraph (1) that the Director determines necessary to identify or register a person subject to registration under this section; and(3) the Director to provide, to a person registered under this section, written notification that—(A) such person has been so registered; and(B) if such person is not required to be so registered, the procedure by which such person may correct such registration.
The bill says: The Military Selective Service Act (50 U.S.C. 3801 et seq.) is amended by striking section 3 (50 U.S.C. 3802) and inserting the following new section 3:
Bill text · Current law (50 U.S.C. 3801)
10 U.S.C. 2009added 2010by H.R. 3838 Sec. 541
2010 Training requirements for occupational specialties with civilian equivalents.— The Secretary concerned shall ensure that training provided to a member of the armed forces with respect to an occupational specialty in the armed forces for which there is a similar civilian occupation includes all training and appropriate certifications that will allow such member to enter such civilian occupation following separation from the armed forces without the need to satisfy any additional training or certification requirements.
The bill says: Chapter 101 of title 10, United States Code, is amended by inserting after section 2009 the following new section:
Bill text · Current law (10 U.S.C. 2009)
10 U.S.C. 2151(b)added (E)by H.R. 3838 Sec. 542(a)
(E) The Space Force Senior Level Education Program.
The bill says: by adding at the end of paragraph (1) the following new subparagraph:
Bill text · Current law (10 U.S.C. 2151)
10 U.S.C. 2151(b)added (E)by H.R. 3838 Sec. 542(a)
(E) The Space Force Intermediate Level Education Program.
The bill says: by adding at the end of paragraph (2) the following new subparagraph:
Bill text · Current law (10 U.S.C. 2151)
10 U.S.C. 2165added 2166by H.R. 3838 Sec. 543
2166 National Defense University: Center for Strategic Deterrence and Weapons of Mass Destruction Studies.—(a) Establishment.— The Secretary of Defense shall establish a Center for Strategic Deterrence and Weapons of Mass Destruction Studies within the Institute for National Strategic Studies of the National Defense University (in this section referred to as the "Center").(b) Mission.— The Center established under subsection (a) shall—(1) prepare national security leaders to address the challenges of strategic deterrence and weapons of mass destruction through education, research, and outreach activities throughout the Federal Government;(2) develop leaders with an understanding of strategic deterrence and the implications of weapons of mass destruction;(3) in accordance with guidance provided by the Chairman of the Joint Chiefs of Staff, develop and provide appropriate curricula, learning outcomes, and educational tools relating to strategic deterrence and weapons of mass destruction for use at institutions that provide joint professional military education;(4) serve as the primary institution within the Department for the study of strategic deterrence and weapons of mass destruction education in joint professional military education;(5) design, develop, and implement studies and analyses to enhance understanding of—(A) strategic deterrence;(B) the threat of weapons of mass destruction to the security of the United States and globally; and(C) responses to prevent, mitigate, or eliminate the threat in accordance with Department and national security policies and strategies; and(6) provide expert support on strategic deterrence and weapons of mass destruction issues to the Department of Defense and other Federal Government leaders.
The bill says: Chapter 108 of title 10, United States Code, is amended by inserting after section 2165 the following new section:
Bill text · Current law (10 U.S.C. 2165)
10 U.S.C. 7442(a)changedby H.R. 3838 Sec. 544(a)
The bill says: by striking "subsection (j)" and inserting "subsection (k)";
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(a)(1)changedby H.R. 3838 Sec. 544(a)
The bill says: in paragraph (1), by striking "as established by competitive examinations" and inserting "as determined by candidate composite score rank"; and
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(a)changedby H.R. 3838 Sec. 544(a)
The bill says: by inserting "(in which event selection shall be in order of merit as determined by candidate composite score rank)" after "may be submitted without ranking"; and
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(a)changedby H.R. 3838 Sec. 544(a)
The bill says: by striking "9 ranked" and inserting "14 ranked";
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(a)addedby H.R. 3838 Sec. 544(a)
The bill says: by inserting after the second sentence the following "If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank."; and
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(a)changedby H.R. 3838 Sec. 544(a)
The bill says: by striking "shall be considered qualified alternates for the purpose of selection under other provisions of this chapter" and inserting "shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees";
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442renumberedby H.R. 3838 Sec. 544(a)
The bill says: by redesignating subsections (b) through (j) as subsections (c) through (k), respectively;
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442added (b)by H.R. 3838 Sec. 544(a)
(b) There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Army from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.
The bill says: by inserting after subsection (a) the following new subsection:
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(c)(1)changedby H.R. 3838 Sec. 544(a)
The bill says: in paragraph (1), by striking "one hundred selected by the President" and inserting "up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank";
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(c)(2)changedby H.R. 3838 Sec. 544(a)
The bill says: by striking "85" and inserting "up to 85 qualified candidates"; and
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(c)(2)changedby H.R. 3838 Sec. 544(a)
The bill says: by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(c)(3)changedby H.R. 3838 Sec. 544(a)
The bill says: by striking "85" and inserting "up to 85 qualified candidates"; and
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(c)(3)changedby H.R. 3838 Sec. 544(a)
The bill says: by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(c)(4)changedby H.R. 3838 Sec. 544(a)
The bill says: by striking "20" and inserting "up to 20 qualified candidates"; and
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(c)(4)changedby H.R. 3838 Sec. 544(a)
The bill says: by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end; and
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(c)removedby H.R. 3838 Sec. 544(a)
The bill says: by striking paragraph (5);
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(f)changedby H.R. 3838 Sec. 544(a)
The bill says: in subsection (f), as redesignated by subparagraph (B), by striking "subsection (b)" and inserting "subsection (c)";
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(h)changedby H.R. 3838 Sec. 544(a)
The bill says: by striking "subsection (b)" each place it appears and inserting "subsection (c)"; and
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442(h)(4)changedby H.R. 3838 Sec. 544(a)
The bill says: in paragraph (4), by striking "subsection (e)" and inserting "subsection (f)"; and
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7442added (l)by H.R. 3838 Sec. 544(a)
(l) Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.(m) Not later than October 1 of each year, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—(1) with respect to the preceding admissions cycle—(A) the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and(B) the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and(2) for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet.
The bill says: by adding at the end the following new subsections:
Bill text · Current law (10 U.S.C. 7442)
10 U.S.C. 7443changedby H.R. 3838 Sec. 544(a)
The bill says: in the section heading, by striking "appointment" and inserting "additional appointments";
Bill text · Current law (10 U.S.C. 7443)
10 U.S.C. 7443changedby H.R. 3838 Sec. 544(a)
The bill says: by inserting "(a)" before "If it is determined"; and
Bill text · Current law (10 U.S.C. 7443)
10 U.S.C. 7443changedby H.R. 3838 Sec. 544(a)
The bill says: by striking " who competed for nomination" and inserting "who were eligible and competed unsuccessfully for nomination under any other provision of law";
Bill text · Current law (10 U.S.C. 7443)
10 U.S.C. 7443changedby H.R. 3838 Sec. 544(a)
The bill says: by striking "(8)" and inserting "(10)"; and
Bill text · Current law (10 U.S.C. 7443)
10 U.S.C. 7443changedby H.R. 3838 Sec. 544(a)
The bill says: by striking "holding competitive nominations" and inserting "who were eligible and competed unsuccessfully for nomination"; and
Bill text · Current law (10 U.S.C. 7443)
10 U.S.C. 7443added (b)by H.R. 3838 Sec. 544(a)
(b) Not later than October 1 of each year, the Secretary of the Army shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—(1) the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 7442(e) of this title who had the lowest candidate composite scores;(2) the total number of qualified and nominated (by any source), but not selected, candidates; and(3) the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.
The bill says: by adding at the end the following: “All provisions relating to candidate composite score in section 7442 of this title shall apply to calculation and use of candidate composite score as that term is used in this section.
Bill text · Current law (10 U.S.C. 7443)
10 U.S.C. 8454(a)changedby H.R. 3838 Sec. 544(b)
The bill says: by striking "subsection (h)" and inserting "subsection (i)";
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(a)(1)changedby H.R. 3838 Sec. 544(b)
The bill says: in paragraph (1), by striking "as established by competitive examination" and inserting "as determined by candidate composite score rank"; and
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(a)changedby H.R. 3838 Sec. 544(b)
The bill says: by inserting "(in which event selection shall be in order of merit as determined by candidate composite score rank)" after "may be submitted without ranking"; and
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(a)changedby H.R. 3838 Sec. 544(b)
The bill says: by striking "9 ranked" and inserting "14 ranked";
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(a)addedby H.R. 3838 Sec. 544(b)
The bill says: by inserting after the second sentence the following "If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank."; and
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(a)changedby H.R. 3838 Sec. 544(b)
The bill says: by striking "shall be considered qualified alternates for the purpose of selection under other provisions of this chapter" and inserting "shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees";
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454renumberedby H.R. 3838 Sec. 544(b)
The bill says: by redesignating subsections (b) through (h) as subsections (c) through (i), respectively;
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454added (b)by H.R. 3838 Sec. 544(b)
(b) There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Navy from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.
The bill says: by inserting after subsection (a) the following new subsection:
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(c)(1)changedby H.R. 3838 Sec. 544(b)
The bill says: in paragraph (1), by striking "one hundred selected by the President" and inserting "up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank";
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(c)(2)changedby H.R. 3838 Sec. 544(b)
The bill says: by striking "85" and inserting "up to 85 qualified candidates"; and
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(c)(2)changedby H.R. 3838 Sec. 544(b)
The bill says: by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(c)(3)changedby H.R. 3838 Sec. 544(b)
The bill says: by striking "85" and inserting "up to 85 qualified candidates"; and
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(c)(3)changedby H.R. 3838 Sec. 544(b)
The bill says: by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(c)(4)changedby H.R. 3838 Sec. 544(b)
The bill says: by striking "20" and inserting "up to 20 qualified candidates"; and
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(c)(4)changedby H.R. 3838 Sec. 544(b)
The bill says: by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end; and
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(c)removedby H.R. 3838 Sec. 544(b)
The bill says: by striking paragraph (5);
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454(f)changedby H.R. 3838 Sec. 544(b)
The bill says: in subsection (f), as redesignated by subparagraph (B), by striking "subsection (b)" both places it appears and inserting "subsection (c)"; and
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8454added (j)by H.R. 3838 Sec. 544(b)
(j) Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.(k) Not later than October 1 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—(1) with respect to the preceding admissions cycle—(A) the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and(B) the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each midshipman to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such midshipman was appointed (and if congressional, the type of slate that nominated the waived appointee); and(2) for each midshipman who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such midshipman, including whether the midshipman is still at the Academy, the circumstances of such midshipman’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such midshipman.
The bill says: by adding at the end the following new subsections:
Bill text · Current law (10 U.S.C. 8454)
10 U.S.C. 8456changedby H.R. 3838 Sec. 544(b)
The bill says: in the section heading, by inserting ", additional appointments" after "Midshipmen"; and
Bill text · Current law (10 U.S.C. 8456)
10 U.S.C. 8456(b)changedby H.R. 3838 Sec. 544(b)
The bill says: in the first sentence, by striking "who competed for nomination" and inserting "who were eligible and competed unsuccessfully for nomination under any other provision of law";
Bill text · Current law (10 U.S.C. 8456)
10 U.S.C. 8456(b)changedby H.R. 3838 Sec. 544(b)
The bill says: by striking "(8)" and inserting "(10)"; and
Bill text · Current law (10 U.S.C. 8456)
10 U.S.C. 8456(b)changedby H.R. 3838 Sec. 544(b)
The bill says: by striking "who competed for appointment" and inserting "who were eligible and competed unsuccessfully for nomination"; and
Bill text · Current law (10 U.S.C. 8456)
10 U.S.C. 8456(b)added (d)by H.R. 3838 Sec. 544(b)
(d) Not later than October 1 of each year, the Secretary of the Navy shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—(1) the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 8454(e) of this title who had the lowest candidate composite scores;(2) the total number of qualified and nominated (by any source), but not selected, candidates; and(3) the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.
The bill says: by adding at the end the following: “All provisions relating to candidate composite score in section 8454 of this title shall apply to calculation and use of candidate composite score as that term is used in this section.
Bill text · Current law (10 U.S.C. 8456)
10 U.S.C. 9442(a)changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "subsection (j)" and inserting "subsection (k)";
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(a)(1)changedby H.R. 3838 Sec. 544(c)
The bill says: in paragraph (1), by striking "as established by competitive examination" and inserting "as determined by candidate composite score rank"; and
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(a)changedby H.R. 3838 Sec. 544(c)
The bill says: by inserting "(in which event selection shall be in order of merit as determined by candidate composite score rank)" after "may be submitted without ranking"; and
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(a)changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "9 ranked" and inserting "14 ranked";
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(a)addedby H.R. 3838 Sec. 544(c)
The bill says: by inserting after the second sentence the following "If alternates are submitted unranked, any selection from among such unranked alternates shall be in order of merit as determined by candidate composite score rank."; and
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(a)changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "shall be considered qualified alternates for the purpose of selection under other provisions of this chapter" and inserting "shall be eligible and considered for selection under other provisions of this chapter, including as qualified alternates and additional appointees";
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442renumberedby H.R. 3838 Sec. 544(c)
The bill says: by redesignating subsections (b) through (j) as subsections (c) through (k), respectively;
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442added (b)by H.R. 3838 Sec. 544(c)
(b) There shall be appointed each year at the Academy 300 qualified alternates selected in order of merit as determined by candidate composite score rank by the Secretary of the Air Force from qualified candidates nominated pursuant to paragraphs (3) through (10) of subsection (a) and all other qualified, non-selected candidates holding nominations from any other source pursuant to this chapter.
The bill says: by inserting after subsection (a) the following new subsection:
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(c)(1)changedby H.R. 3838 Sec. 544(c)
The bill says: in paragraph (1), by striking "one hundred selected by the President" and inserting "up to one hundred qualified candidates selected by the President in order of merit as determined by candidate composite score rank";
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(c)(2)changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "85" and inserting "up to 85 qualified candidates"; and
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(c)(2)changedby H.R. 3838 Sec. 544(c)
The bill says: by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(c)(3)changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "85" and inserting "up to 85 qualified candidates"; and
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(c)(3)changedby H.R. 3838 Sec. 544(c)
The bill says: by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end;
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(c)(4)changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "20" and inserting "up to 20 qualified candidates"; and
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(c)(4)changedby H.R. 3838 Sec. 544(c)
The bill says: by inserting ", selected in order of merit as determined by candidate composite score rank" before the period at the end; and
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(c)removedby H.R. 3838 Sec. 544(c)
The bill says: by striking paragraph (5);
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(f)changedby H.R. 3838 Sec. 544(c)
The bill says: in subsection (f), as redesignated by subparagraph (B), by striking "subsection (b)" and inserting "subsection (c)";
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(h)(2)changedby H.R. 3838 Sec. 544(c)
The bill says: in paragraph (2), by striking "subsection (b)" each place it appears and inserting "subsection (c)";
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(h)(3)changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "subsection (b)(5)" and insert "subsection (b)";
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(h)(3)changedby H.R. 3838 Sec. 544(c)
The bill says: in subparagraphs (A) through (C), by striking "subsection (b)" each place it appears and inserting "subsection (c)"; and
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442(h)(4)changedby H.R. 3838 Sec. 544(c)
The bill says: in paragraph (4), by striking "subsection (e)" and inserting "subsection (f)"; and
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9442added (l)by H.R. 3838 Sec. 544(c)
(l) Qualifications of candidates for admission shall be determined by use of, among other metrics, a candidate composite score uniformly calculated for each applicant. The academic component of such composite score shall be weighted at not less than 60 percent of the overall composite score and shall include the candidate’s standardized test scores, which shall be weighted at not less than 45 percent of the overall composite score. The total of all subjective components, if any, of the composite score shall be weighted at not more than 10 percent of the overall composite score. Any subjectively based adjustment of the candidate composite score shall be limited to not more than 10 percent of the score before such adjustment. Candidates’ composite scores, only, shall be used to determine order of merit.(m) Not later than October 1 of each year, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, including—(1) with respect to the preceding admissions cycle—(A) the established minimum candidate composite score and college entrance examination rank (CEER) score used in such cycle; and(B) the total number of waivers of such minimum candidate composite score or CEER score, including the candidate composite score and CEER score of each cadet to whom a waiver relates, a brief explanation of the reasons for such waiver, and the category of appointment under which each such cadet was appointed (and if congressional, the type of slate that nominated the waived appointee); and(2) for each cadet who, during the four-year period preceding the date of the report, received a waiver for the established minimum candidate composite score or CEER score, the status of each such cadet, including whether the cadet is still at the Academy, the circumstances of such cadet’s departure (if applicable), the cumulative academic GPA, cumulative military GPA, any major conduct or honor violations, any remedial measures undertaken, and any other noteworthy information concerning such cadet.
The bill says: by adding at the end the following new subsections:
Bill text · Current law (10 U.S.C. 9442)
10 U.S.C. 9443changedby H.R. 3838 Sec. 544(c)
The bill says: in the section heading, by striking "appointment" and inserting "additional appointments";
Bill text · Current law (10 U.S.C. 9443)
10 U.S.C. 9443changedby H.R. 3838 Sec. 544(c)
The bill says: by inserting "(a)" before "If it is determined"; and
Bill text · Current law (10 U.S.C. 9443)
10 U.S.C. 9443changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "who competed for nomination" and inserting "who were eligible and competed unsuccessfully for nomination under any other provision of law";
Bill text · Current law (10 U.S.C. 9443)
10 U.S.C. 9443changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "(8)" and inserting "(10)"; and
Bill text · Current law (10 U.S.C. 9443)
10 U.S.C. 9443changedby H.R. 3838 Sec. 544(c)
The bill says: by striking "holding competitive nominations" and inserting "who were eligible and competed unsuccessfully for nomination"; and
Bill text · Current law (10 U.S.C. 9443)
10 U.S.C. 9443added (b)by H.R. 3838 Sec. 544(c)
(b) Not later than October 1 of each year, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes, with respect to the preceding admissions cycle—(1) the candidate composite scores and college entrance examination rank (CEER) scores of the ten candidates appointed under this section and under section 9442(e) of this title who had the lowest candidate composite scores;(2) the total number of qualified and nominated (by any source), but not selected, candidates; and(3) the candidate composite scores and CEER scores of the ten qualified and nominated candidates having the highest candidate composite scores and who were not selected for appointment.
The bill says: by adding at the end the following: “All provisions relating to candidate composite score in section 9442 of this title shall apply to calculation and use of candidate composite score as that term is used in this section.
Bill text · Current law (10 U.S.C. 9443)
10 U.S.C. 7448(b)(4)changedby H.R. 3838 Sec. 545(a)
The bill says: Section 7448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking "three" and inserting "five".
Bill text · Current law (10 U.S.C. 7448)
10 U.S.C. 8459(b)(4)changedby H.R. 3838 Sec. 545(b)
The bill says: Section 8459(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking "three" and inserting "five".
Bill text · Current law (10 U.S.C. 8459)
10 U.S.C. 9448(b)(4)changedby H.R. 3838 Sec. 545(c)
The bill says: Section 9448(b)(4) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking "three" and inserting "five".
Bill text · Current law (10 U.S.C. 9448)
10 U.S.C. 7455(a)(8)changedby H.R. 3838 Sec. 546(a)
The bill says: Section 7455(a)(8) of title 10, United States Code, is amended by striking "one other member" and inserting "two other members".
Bill text · Current law (10 U.S.C. 7455)
10 U.S.C. 8468(a)(8)changedby H.R. 3838 Sec. 546(b)
The bill says: Section 8468(a)(8) of title 10, United States Code, is amended by striking "one other member" and inserting "two other members".
Bill text · Current law (10 U.S.C. 8468)
10 U.S.C. 9455(a)(8)changedby H.R. 3838 Sec. 546(c)
The bill says: Section 9455(a)(8) of title 10, United States Code, is amended by striking "one other member" and inserting "two other members".
Bill text · Current law (10 U.S.C. 9455)
10 U.S.C. 9414changedby H.R. 3838 Sec. 547(a)
The bill says: by striking the heading and inserting the following new heading:
Bill text · Current law (10 U.S.C. 9414)
10 U.S.C. 9414renumberedby H.R. 3838 Sec. 547(a)
The bill says: by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
Bill text · Current law (10 U.S.C. 9414)
10 U.S.C. 9414added (e)by H.R. 3838 Sec. 547(a)
(e) Space Force faculty.—(1) The Secretary shall detail members of the Space Force as instructors at the United States Air Force Institute of Technology to provide instruction in areas that support the mission of the Space Force.(2) The number of members of the Space Force detailed by the Secretary to the United States Air Force Institute of Technology as instructors during an academic year shall be equal to or greater than the product of—(A) the total number of members of the Space Force divided by the total number of members of the Space Force and the Air Force; and(B) the total number of instructors at the United States Air Force Institute of Technology.
The bill says: by inserting after subsection (d) the following new subsection:
Bill text · Current law (10 U.S.C. 9414)
Public Law 115-91repealedby H.R. 3838 Sec. 548
The bill says: Section 545 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 8431 note prec.) is repealed.
Bill text
10 U.S.C. 2004(b)(1)(A)changedby H.R. 3838 Sec. 549E(a)
The bill says: in the matter preceding clause (i), by striking "detailed pursuant to subsection (a)(1)" and inserting "with respect to whom the Secretary of a military department is providing funding for educational expenses in accordance with subsection (a)(2)"; and
Bill text · Current law (10 U.S.C. 2004)
10 U.S.C. 2004(b)(1)(A)(ii)changedby H.R. 3838 Sec. 549E(a)
The bill says: in clause (ii), by striking "eight years" and inserting "10 years"; and
Bill text · Current law (10 U.S.C. 2004)
10 U.S.C. 2004(b)(1)(B)changedby H.R. 3838 Sec. 549E(a)
The bill says: in subparagraph (B) in the matter preceding clause (i), by striking "detailed pursuant to subsection (a)(2)" and inserting "with respect to whom the Secretary of a military department is not providing funding for educational expenses in accordance with subsection (a)(3)".
Bill text · Current law (10 U.S.C. 2004)
10 U.S.C. 8451aadded 8451bby H.R. 3838 Sec. 549F
8451b. Director of admissions.—(a) Establishment and Appointment.— There is a director of admissions of the Naval Academy. The director of admissions shall be appointed by the President, by and with the advice and consent of the Senate, and shall perform such duties as the Superintendent of the Naval Academy may prescribe with the approval of the Secretary of the Navy.(b) Grade.—(1) Subject to paragraph (2), a person appointed as director of admissions of the Naval Academy has the regular grade of commander in the Navy or lieutenant colonel in the Marine Corps.(2) A person serving as director of admissions shall have the regular grade of captain in the Navy or colonel in the Marine Corps upon the earlier of—(A) the date on which such person completes six years of service as the director of admissions; and(B) the date on which such person would have been promoted had the person been selected for promotion from among officers in the promotion zone.(c) Detail.— The President may detail any officer of the Navy or the Marine Corps in a grade above lieutenant or captain, respectively, to perform the duties of director of admissions without appointing the officer as director of admissions. Such a detail does not affect the position of the officer on the active-duty list.
The bill says: Chapter 853 of title 10, United States Code, is amended by inserting after section 8451a the following new section:
Bill text · Current law (10 U.S.C. 8451a)
10 U.S.C. 162(a)added (5)by H.R. 3838 Sec. 551
(5) In all cases, forces assigned to a combatant command or to the United States element of the North American Aerospace Defense Command under this subsection shall include qualified judge advocates in numbers sufficient to provide legal advice to all commanders responsible for planning and organizing military operations and all commanders authorized to convene courts-martial under sections 822 through 824 of this title. The qualifications of judge advocates assigned under this paragraph shall include—(A) the qualifications set forth in section 827 of this title; and(B) any additional education, expertise, or experience determined to be necessary to fulfill the requirements of this paragraph by the Judge Advocate General of the armed force concerned, or in the case of the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps.
The bill says: Section 162(a) 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. 162)
10 U.S.C. 917arewrittenby H.R. 3838 Sec. 552
917a. Art. 117a. Wrongful broadcast, distribution, or publication of intimate visual images.—(a) Prohibition.— Any person subject to this chapter— is guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished as a court-martial may direct.(1) who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is not a minor if—(A) the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy;(B) the authentic intimate visual depiction was broadcast, distributed, or published without the consent of the identifiable individual;(B) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;(C) what is depicted is not a matter of public concern; and(D) the broadcast, distribution, or publication of the intimate visual depiction—(i) is intended to cause harm; or(ii) causes harm, including psychological, financial, or reputational harm, to the identifiable individual;(2) who knowingly broadcasts, distributes, or uses a communication service to publish an authentic intimate visual depiction of an identifiable individual who is a minor with intent to—(A) abuse, humiliate, harass, or degrade the minor; or(B) arouse or gratify the sexual desire of any person;(3) who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is not a minor if—(A) the digital forgery was broadcast, distributed, or published without the consent of the identifiable individual;(B) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;(C) what is depicted is not a matter of public concern; and(D) the broadcast, distribution, or publication of the digital forgery—(i) is intended to cause harm; or(ii) causes harm, including psychological, financial, or reputational harm, to the identifiable individual; or(4) who knowingly broadcasts, distributes, or uses a communication service to publish a digital forgery of an identifiable individual who is a minor with intent to—(A) abuse, humiliate, harass, or degrade the minor; or(B) arouse or gratify the sexual desire of any person,(b) Exceptions.— Subsection (a) shall not apply to—(1) a lawfully authorized investigative, protective, or intelligence activity of—(A) a law enforcement agency of the United States, a State, or a political subdivision of a State; or(B) an intelligence agency of the United States;(2) a disclosure made reasonably and in good faith—(A) to a law enforcement officer or agency;(B) as part of a document production or filing associated with a legal proceeding;(C) as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or educational purpose;(D) in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or(E) to seek support or help with respect to the receipt of an unsolicited intimate visual depiction;(3) a disclosure reasonably intended to assist the identifiable individual; or(4) a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct.(c) Consent.— For the purposes of subsection (a)—(1) the fact that the depicted individual consented to the creation of the intimate visual depiction shall not establish that the person consented to its disclosure; and(2) the fact that the depicted individual disclosed the intimate visual depiction to another person shall not establish that the depicted individual consented to the further disclosure of the intimate visual depiction.(d) Definitions.— In this section:(1) Consent.— The term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.(2) Digital forgery.— The term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual.(3) Identifiable individual.— The term identifiable individual means an individual—(A) who appears in whole or in part in an intimate visual depiction; and(B) whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such intimate visual depiction.(4) Visual depiction.— The term visual depiction includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format.(5) Intimate visual depiction.— The term intimate visual depiction—(A) means a visual depiction that depicts—(i) the uncovered genitals, pubic area, anus, or female nipple of an identifiable individual; or(ii) the display or transfer of bodily sexual fluids—(I) on to any part of the body of an identifiable individual;(II) from the body of an identifiable individual; or(iii) an identifiable individual engaging in sexually explicit conduct; and(B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual was in a public place only if the individual did not—(i) voluntarily display the content depicted; or(ii) consen
The bill says: Section 917a of title 10, United States Code (article 117a of the Uniform Code of Military Justice) is amended to read as follows:
Bill text · Current law (10 U.S.C. 917a)
10 U.S.C. 801(17)(A)changedby H.R. 3838 Sec. 553(b)
The bill says: by inserting "section 917b (article 117b)," after "section 917a (article 117a),"; and
Bill text · Current law (10 U.S.C. 801)
10 U.S.C. 801(17)(A)changedby H.R. 3838 Sec. 553(b)
The bill says: by striking "the standalone offense of child pornography punishable under section 934 (article 134),".
Bill text · Current law (10 U.S.C. 801)
10 U.S.C. 920b(a)changedby H.R. 3838 Sec. 554
The bill says: Section 920b(a) of title 10, United States Code (article 120b(a) of the Uniform Code of Military Justice), is amended by inserting "by death, or such other punishment" after "shall be punished".
Bill text · Current law (10 U.S.C. 920b)
10 U.S.C. 502(b)changedby H.R. 3838 Sec. 561(a)
The bill says: in subsection (b), by striking "The oath" and inserting "An oath established by this section";
Bill text · Current law (10 U.S.C. 502)
10 U.S.C. 502renumberedby H.R. 3838 Sec. 561(a)
The bill says: by redesignating subsection (b), as amended, as subsection (c); and
Bill text · Current law (10 U.S.C. 502)
10 U.S.C. 502added (b)by H.R. 3838 Sec. 561(a)
(b) Separation oath.— Prior to retirement or other separation from the armed forces, other than separation pursuant to the sentence of a court-martial, a member of an armed force may take the following oath:"I, __________, recognizing that my oath to support and defend the Constitution of the United States against all enemies, foreign and domestic, has involved me and my fellow members in experiences that few persons, other than our peers, can understand, do solemnly swear (or affirm) to continue to be the keeper of my brothers- and sisters-in-arms and protector of the United States and the Constitution; to preserve the values I have learned; to maintain my body and my mind; to give help to, and seek help from, my fellow veterans; and to not bring harm to myself or others. I take this oath freely and without purpose of evasion, so help me God."
The bill says: by inserting after subsection (a) the following new subsection (b):
Bill text · Current law (10 U.S.C. 502)
10 U.S.C. 502rewrittenby H.R. 3838 Sec. 561(b)
The bill says: The heading of section 502 of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 502)
10 U.S.C. 1142(b)added (20)by H.R. 3838 Sec. 562(a)
(20) A presentation that promotes the benefits available to veterans under laws administered by the Secretary of Veterans Affairs. Such presentation—(A) shall be standardized;(B) shall be previously reviewed and approved by the Secretary of Veterans Affairs;(C) shall be submitted by the Secretary of Veterans Affairs to the Committees on Veterans’ Affairs of the Senate and House of Representatives for review at least 90 days before implementation;(D) shall be presented by—(i) a national representative of a veterans service organization recognized under section 5902 of title 38; or(ii) if a national representative is unavailable, a State or local representative of such an organization authorized by the Secretary concerned to so present;(E) shall include information on how a veterans service organization may assist the member in filing a claim described in paragraph (19);(F) may not encourage the member to join a particular veterans service organization; and(G) may not exceed one hour in length.
The bill says: Section 1142(b) 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. 1142)
10 U.S.C. 2564a(a)(1)(B)changedby H.R. 3838 Sec. 563
The bill says: Section 2564a of title 10, United States Code, is amended in subsection (a)(1)(B), in the matter preceding clause (i), by striking ", during the one-year period following the veteran’s date of separation,".
Bill text · Current law (10 U.S.C. 2564a)
10 U.S.C. 1142(a)(1)changedby H.R. 3838 Sec. 567(a)
The bill says: by inserting "(A)" before "Within"; and
Bill text · Current law (10 U.S.C. 1142)
10 U.S.C. 1142(a)(1)added (B)by H.R. 3838 Sec. 567(a)
(B) The Secretary concerned shall ensure that a member described in subparagraph (A) receives preseparation counseling in the following amounts:(i) In the case of a member who has accepted an offer of full-time employment, or has enrolled in a program of education or vocational training, that shall commence after the member separates, retires, or is discharged, not fewer than three days.(ii) In the case of a member other than a member described in clause (i), not fewer than five days.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (10 U.S.C. 1142)
38 U.S.C. 523added (c)by H.R. 3838 Sec. 567(n)
(c) The Secretary shall maintain a publicly available website of the Department through which a veteran or dependent of a veteran may search by ZIP code for programs for—(1) veterans who recently separated from active military, naval, air, or space service; or(2) dependents of veterans described in paragraph (1).
The bill says: Section 523 of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 523)
38 U.S.C. 4101(5)(A)changedby H.R. 3838 Sec. 567(o)
The bill says: in subparagraph (A), by striking the comma at the end and inserting a semicolon;
Bill text · Current law (38 U.S.C. 4101)
38 U.S.C. 4101(5)(B)changedby H.R. 3838 Sec. 567(o)
The bill says: in subparagraph (B), by striking "power, or" and inserting "power;"
Bill text · Current law (38 U.S.C. 4101)
38 U.S.C. 4101(5)(C)changedby H.R. 3838 Sec. 567(o)
The bill says: in subparagraph (C), by striking the period at the end and inserting "; or"; and
Bill text · Current law (38 U.S.C. 4101)
38 U.S.C. 4101(5)added (D)by H.R. 3838 Sec. 567(o)
(D) a member of the Armed Forces eligible for the Transition Assistance Program under sections 1142 and 1144 of title 10.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (38 U.S.C. 4101)
38 U.S.C. 6320(b)changedby H.R. 3838 Sec. 567(p)
The bill says: Subsection (b) of section 6320 of title 38, United States Code, is amended, in of paragraph (1), by striking "transition classes or separation" and inserting "TAP classes or preseparation counseling".
Bill text · Current law (38 U.S.C. 6320)
Public Law 116-92(a)renumberedby H.R. 3838 Sec. 567(q)
The bill says: by redesignating paragraph (8) as paragraph (9); and
Bill text
Public Law 116-92(a)added (8)by H.R. 3838 Sec. 567(q)
(8) Benefits for low-income households, including the supplemental nutrition assistance program (as such term is defined in section 3 of the Food and Nutrition Act of 2008 (Public Law 88–525; 7 U.S.C. 2012)).
The bill says: by inserting, after paragraph (7), the following new paragraph (8):
Bill text
Public Law 115-232(a)changedby H.R. 3838 Sec. 570
The bill says: Section 558(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 1781 note) is amended by striking "one-year period" and inserting "18-month period".
Bill text
10 U.S.C. 1142(c)(1)renumberedby H.R. 3838 Sec. 570A(1)
The bill says: by redesignating subparagraph (M) as subparagraph (R); and
Bill text · Current law (10 U.S.C. 1142)
10 U.S.C. 1142(c)(1)added (M)by H.R. 3838 Sec. 570A(2)
(M) Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).(N) The employment status of other adults in the household of the member.(O) The location of the duty station of the member (including whether the member was separated from family while on duty).(P) The effects of operating tempo and personnel tempo on the member and the household of the member.
The bill says: by inserting after subparagraph (L) the following:
Bill text · Current law (10 U.S.C. 1142)
10 U.S.C. 1794added (g)by H.R. 3838 Sec. 571
(g) Notification of suspected child abuse.—(1) The Secretary of Defense shall prescribe a policy that requires covered child and youth programs to—(A) not later than 24 hours after a program becomes aware of alleged or suspected abuse or neglect of a child occurring in such program, notify the parents and guardians of such child of such alleged or suspected abuse or neglect; and(B) not later than 72 hours after a program becomes aware of alleged abuse or neglect of a child occurring in such program, provide notice of such alleged abuse or neglect to—(i) the Committees on Armed Services of the Senate and the House of Representatives;(ii) if the alleged abuse or neglect occurs in one of the several States, the Senators that represent the State in which the alleged abuse or neglect occurred; and(iii) if the alleged abuse or neglect occurs in a location represented by a Member of, or Delegate or Resident Commissioner to, the House of Representatives, the Member of, or Delegate or Resident Commissioner to, the House of Representatives that represents such location.(2) In this subsection, the term covered child and youth program means a military child development center, a Department of Defense youth program, a family home day care, or a provider of child care services or youth program services that receives financial assistance under section 1798.
The bill says: Section 1794 of title 10, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 1794)
10 U.S.C. 1798added (d)by H.R. 3838 Sec. 572
(d) Pilot program for increased payments in high-cost areas.—(1) Beginning on January 1, 2027, the Secretary shall establish a pilot program to increase the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section as of December 31, 2026, by 30 percent for services provided to children who are two years old or younger in accordance with this subsection.(2) The Secretary—(A) shall provide for an increased maximum amount of financial assistance under the pilot program established under this subsection in each area with high child care services costs, as determined by the Secretary; and(B) may provide for such increased maximum amount of financial assistance in other areas as the Secretary considers appropriate.(3) Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program that includes—(A) the number of families with respect to whom the Secretary has increased the maximum amount of financial assistance per month per child being provided under the pilot program, disaggregated by location;(B) the total amount of financial assistance provided under the pilot program with respect to such families, disaggregated by location;(C) the total amount of financial assistance that would have been provided with respect to such families without the increase under the pilot program, disaggregated by location;(D) the determination of the Secretary as to whether additional funding under the pilot program—(i) helped reduce child care costs for applicable military families;(ii) increased child care provider participation in the financial assistance available under this section; and(iii) increased access to infant and toddler care for military families;(E) the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities;(F) any challenges identified by the Secretary in carrying out the pilot program;(G) legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and(H) any other information the Secretary determines appropriate.(4) Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the congressional defense committees a report that includes—(A) the elements specified in subparagraphs (A) through (H) of paragraph (3); and(B) the recommendation of the Secretary as to whether to make the pilot program permanent.(5) The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established.
The bill says: Section 1798 of title 10, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 1798)
10 U.S.C. 1798renumberedby H.R. 3838 Sec. 573(1)
The bill says: by redesignating subsection (c) as subsection (d); and
Bill text · Current law (10 U.S.C. 1798)
10 U.S.C. 1798added (c)by H.R. 3838 Sec. 573(2)
(c) Pilot program for grants to increase infant and toddler capacity in high-cost areas.—(1) The Secretary of Defense may establish a pilot program to provide grants to eligible providers seeking to expand the capacity of such providers to provide care for infants and toddlers.(2) A grant awarded under the pilot program established under paragraph (1) shall—(A) be in an amount determined by the Secretary, but in no case more than 75 percent of the estimated cost of the expansion for which the grant is provided; and(B) require the recipient of a grant to—(i) make available not less than half of any additional capacity for infants and toddlers to children of members of the armed forces that results from the expansion for which a grant is awarded for the 10-year period that begins on the date on which such expansion is completed; and(ii) certify that the recipient will not displace children enrolled on the date described in clause (i) who are not children of members of the armed forces to meet the requirement of clause (i).(3) The Secretary—(A) shall award grants under the pilot program established under paragraph (1) to not less than 10 eligible providers located in areas with high child care services costs, as determined by the Secretary; and(B) may award grants under the pilot program established under paragraph (1) to eligible providers located in other areas as the Secretary considers appropriate.(4) Not later than one year after the establishment of the pilot program under this subsection, and semiannually thereafter until the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes—(A) the number of eligible providers participating in the pilot program, disaggregated by location;(B) the number of additional infant and toddler enrollments at eligible providers made available under the pilot program, disaggregated by loacation;(C) the determination of the Secretary as to whether grants provided under the pilot program—(i) helped reduce child care costs for applicable military families;(ii) increased child care provider participation in the financial assistance available under this section; and(iii) increased access to infant and toddler care for military families;(D) the determination of the Secretary with respect to the feasibility of expanding the pilot program to all communities;(E) any challenges identified by the Secretary in carrying out the pilot program;(F) legislation or administrative action that the Secretary determines necessary to make the pilot program permanent; and(G) any other information the Secretary determines appropriate.(5) Not later than 90 days after the date of the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report that includes—(A) the elements specified in subparagraphs (A) through (G) of paragraph (4); and(B) the recommendation of the Secretary as to whether to make the pilot program permanent.(6) The pilot program established under this subsection shall terminate on the date that is five years after the date on which such program is established.(7) In this subsection, the term appropriate congressional committees means—(A) the congressional defense committees;(B) the Committee on Commerce, Science, and Transportation of the Senate; and(C) the Committee on Transportation and Infrastructure of the House of Representatives.
The bill says: by inserting after subsection (b) the following new subsection:
Bill text · Current law (10 U.S.C. 1798)
10 U.S.C. 1791(d)changedby H.R. 3838 Sec. 574(a)
The bill says: Subsection (d) of section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 1791 note) is amended by striking "five years after" and all that follows and inserting "on December 31, 2029.".
Bill text · Current law (10 U.S.C. 1791)
Public Law 111-84(b)renumberedby H.R. 3838 Sec. 575(1)
The bill says: by redesignating paragraphs (4) through (17) as paragraphs (5) through (18), respectively; and
Bill text
Public Law 111-84(b)changedby H.R. 3838 Sec. 575(2)
(2) Health care.(3) Maternal health care, including the following:(A) A list of maternal health services, including pre- and post-natal care.(B) A guide to continuity of such care through a permanent change of station.(C) With regards to a pregnant member, relevant regulations, options for leave, and uniform resources and requirements.(4) Death benefits and life insurance programs.
The bill says: by striking paragraphs (2) and (3) and inserting after paragraph (1) the following new paragraphs:
Bill text
10 U.S.C. 2164added (n)by H.R. 3838 Sec. 581
(n) Eligibility of dependents of certain members of the reserve components.—(1) A dependent of a member described in paragraph (2) shall be eligible to attend a school established under this section at the military installation that is the permanent station of such member and such dependent shall automatically be granted enrollment at such school at the request of such member if there is sufficient space in the school to accommodate the dependent. In the event there is not sufficient space available at such school at the time the dependent seeks to enroll, the dependent shall be place on a wait-list for enrollment in the school.(2) A member described in this paragraph is a member—(A) of a reserve component;(B) performing active service; and(C) pursuant to an order for accompanied permanent change of station.
The bill says: Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 2164)
Public Law 110-181(a)changedby H.R. 3838 Sec. 598(a)
The bill says: in subsection (a), by striking "may conduct" and inserting "shall conduct";
Bill text
Public Law 110-181(c)changedby H.R. 3838 Sec. 598(a)
The bill says: in subsection (c), by striking "may" and inserting "shall";
Bill text
Public Law 110-181(e)(1)changedby H.R. 3838 Sec. 598(a)
The bill says: in subsection (e)(1), by striking "If the Secretary establishes" and inserting "For purposes of carrying out"; and
Bill text
Public Law 110-181(g)(1)changedby H.R. 3838 Sec. 598(a)
The bill says: by striking "if established by the Secretary of Defense under subsection (a),"; and
Bill text
Public Law 110-181(g)(1)changedby H.R. 3838 Sec. 598(a)
The bill says: by inserting "of Defense" after "Secretary".
Bill text
37 U.S.C. 101(22)changedby H.R. 3838 Sec. 601(a)
The bill says: in paragraph (22), by inserting ", or for members of the Space Force in space force active status not on sustained duty," after "reserve component" in subparagraphs (A) and (B); and
Bill text · Current law (37 U.S.C. 101)
37 U.S.C. 101added (27)by H.R. 3838 Sec. 601(a)
(27) The term space force active status has the meaning given that term in section 101 of title 10.(28) The term sustained duty has the meaning given that term in section 101 of title 10.
The bill says: by adding at the end the following new paragraphs:
Bill text · Current law (37 U.S.C. 101)
10 U.S.C. 2273a(a)changedby H.R. 3838 Sec. 601(i)
The bill says: Section 2273a(a) of title 10, United States Code, is amended by striking "Air Force Space and Missile Systems Center" and inserting "Space Force Space Systems Command".
Bill text · Current law (10 U.S.C. 2273a)
37 U.S.C. 910(g)changedby H.R. 3838 Sec. 611(a)
The bill says: Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking "December 31, 2025" and inserting "December 31, 2026".
Bill text · Current law (37 U.S.C. 910)
37 U.S.C. 333(i)changedby H.R. 3838 Sec. 611(c)
The bill says: Section 333(i) of title 37, United States Code, is amended by striking "December 31, 2025" and inserting "December 31, 2026".
Bill text · Current law (37 U.S.C. 333)
37 U.S.C. 403(b)(7)(E)changedby H.R. 3838 Sec. 611(e)
The bill says: in paragraph (7)(E), relating to an area covered by a major disaster declaration or containing an installation experiencing an influx of military personnel, by striking "December 31, 2025" and inserting "December 31, 2026"; and
Bill text · Current law (37 U.S.C. 403)
37 U.S.C. 403(b)(8)(C)changedby H.R. 3838 Sec. 611(e)
The bill says: in paragraph (8)(C), relating to an area where actual housing costs differ from current rates by more than 20 percent, by striking "December 31, 2025" and inserting "December 31, 2026".
Bill text · Current law (37 U.S.C. 403)
37 U.S.C. 301eadded 301fby H.R. 3838 Sec. 612(a)
301f. Incentive pay: explosive ordnance disposal duty..—(a) Eligibility.—(1) Subject to regulations prescribed by the Secretary of Defense, a regular member of a covered armed force is entitled to continuous monthly explosive ordnance disposal duty incentive pay in the amount specified in subsection (b)(1) if the member—(A) is entitled to basic pay;(B) holds (or is in training leading to) an explosive ordnance disposal duty designator; and(C) is in and remains in explosive ordnance disposal duty on a career basis.(2) Subject to regulations prescribed by the Secretary of Defense, a member of a covered armed force who is entitled to basic pay but is not entitled to continuous monthly explosive ordnance disposal duty incentive pay under paragraph (1) is entitled to explosive ordnance disposal duty incentive pay in the amount prescribed pursuant to subsection (b)(2) for any period during which such member performs explosive ordnance disposal duty under orders.(b) Rates.—(1) Continuous monthly explosive ordnance disposal duty incentive pay under subsection (a)(1) shall be in the following amounts: Years of explosive ordnance disposal duty (including training):Monthly Rate 2 or fewer$125 Over 2 $156 Over 3 $188 Over 4 $206 Over 6 $650 Over 8 $800 Over 10 $1,000 Over 17 $840 Over 22 $585 Over 24 $385 Over 25$250(2) Explosive ordnance disposal duty incentive pay under subsection (a)(2)—(A) shall be in amounts prescribed by the Secretary of Defense;(B) may not, for any month, exceed the maximum amount specified in paragraph (1); and(C) may not be less per day than the amount under subsection (d).(c) Computation of years.— Years of explosive ordnance disposal duty by a member shall be computed beginning with the effective date of the initial order to such member to perform explosive ordnance disposal duty.(d) Applicability to certain duty in the reserve components.— Under regulations prescribed by the Secretary of Defense and to the extent provided for by appropriations, for each day that a member of the reserve component of a covered armed force who is entitled to compensation under section 206 of this title performs, under orders, explosive ordnance disposal duty, such member is eligible for an increase in compensation equal to one-thirtieth of the continuous monthly incentive pay under subsection (b)(1) for a member of corresponding years of service entitled to basic pay.(e) Definitions.— In this section:(1) The term covered armed force means the Army, Navy, Marine Corps, Air Force, or Space Force.(2) The term explosive ordnance disposal has the meaning given such term in section 2284 of title 10.(3) The term explosive ordnance disposal duty means duty performed by a member of a covered armed force, under regulations prescribed by the Secretary of Defense, in explosive ordnance disposal.
The bill says: Subchapter I of chapter 5 of title 37, United States Code, is amended by inserting after section 301e the following new section:
Bill text · Current law (37 U.S.C. 301e)
37 U.S.C. 402b(k)(1)(B)changedby H.R. 3838 Sec. 621(1)
The bill says: by striking "in" and all that follows through "portion of"; and
Bill text · Current law (37 U.S.C. 402b)
37 U.S.C. 402b(k)(1)(B)changedby H.R. 3838 Sec. 621(2)
The bill says: by striking "that the Secretary concerned elects to exclude" and inserting "paid to such member".
Bill text · Current law (37 U.S.C. 402b)
37 U.S.C. 427(a)(1)changedby H.R. 3838 Sec. 622
The bill says: Section 427(a) of title 37, United States Code, is amended in paragraph (1), by striking "not less than $250, and not more than $400" and inserting "equal to $400".
Bill text · Current law (37 U.S.C. 427)
37 U.S.C. 403(b)(8)(A)changedby H.R. 3838 Sec. 626(1)
The bill says: in subparagraph (A), by striking "20 percent" and inserting "15 percent"; and
Bill text · Current law (37 U.S.C. 403)
37 U.S.C. 403(b)(8)removedby H.R. 3838 Sec. 626(2)
The bill says: by striking subparagraph (C).
Bill text · Current law (37 U.S.C. 403)
10 U.S.C. 701changedby H.R. 3838 Sec. 631(1)
The bill says: by striking "the death of an immediate family member." and inserting an em dash; and
Bill text · Current law (10 U.S.C. 701)
10 U.S.C. 701added (i)by H.R. 3838 Sec. 631(2)
(i) the death of an immediate family member; or(ii) the loss of a pregnancy or a stillbirth by such member or the spouse of such member.
The bill says: by adding at the end the following new clauses:
Bill text · Current law (10 U.S.C. 701)
10 U.S.C. 702renumberedby H.R. 3838 Sec. 632(1)
The bill says: by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;
Bill text · Current law (10 U.S.C. 702)
10 U.S.C. 702added (c)by H.R. 3838 Sec. 632(2)
(c) Convalescent Leave.— An academy cadet or midshipman diagnosed with a medical condition is allowed convalescent leave under section 701(m) of this title.
The bill says: by inserting after subsection (b) the following new subsection:
Bill text · Current law (10 U.S.C. 702)
10 U.S.C. 702(d)changedby H.R. 3838 Sec. 632(3)
The bill says: in subsection (d), as redesignated by paragraph (1) of this section, by striking “Sections 701” and inserting “Except as provided by subsection (c), sections 701”.
Bill text · Current law (10 U.S.C. 702)
10 U.S.C. 1798added (d)by H.R. 3838 Sec. 641
(d) Annual Review of Amount of Assistance.— The Secretary shall annually review the amount of financial assistance provided under this section, including the maximum amount of financial assistance per month per child that the Secretary authorizes to be provided to eligible providers under this section.
The bill says: Section 1798 of title 10, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 1798)
Public Law 109-364(c)added (4)by H.R. 3838 Sec. 642
(4) Waiver.— The Secretary concerned may waive the requirements of paragraphs (1) and (3) as the Secretary considers necessary to meet mission requirements during—(A) a time of war;(B) a national emergency requiring the use of significant personnel and aircraft;(C) a large-scale combat operation; or(D) a contingency operation.
The bill says: Section 562(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended by adding at the end the following new paragraph:
Bill text
10 U.S.C. 1066(a)changedby H.R. 3838 Sec. 651(a)
The bill says: by inserting "(1)" before "An individual"; and
Bill text · Current law (10 U.S.C. 1066)
10 U.S.C. 1066(a)added (2)by H.R. 3838 Sec. 651(a)
(2) A civil service mariner of the Military Sealift Command may be permitted to use commissary stores and MWR retail facilities on the same basis as members of the armed forces on active duty.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 1066)
10 U.S.C. 2485added (j)by H.R. 3838 Sec. 653
(j) Single-use shopping bags.— The Defense Commissary Agency may not prohibit the use of, or charge a fee for, single-use shopping bags in a commissary store.
The bill says: Section 2485 of title 10, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 2485)
10 U.S.C. 1056(b)(2)(A)changedby H.R. 3838 Sec. 661(a)
The bill says: in subparagraph (A), by striking "and community orientation" and inserting "community orientation, education systems, school enrollment procedures, and State-specific provisions under the Interstate Compact on Educational Opportunity for Military Children";
Bill text · Current law (10 U.S.C. 1056)
10 U.S.C. 1056(b)(2)(C)changedby H.R. 3838 Sec. 661(a)
The bill says: in subparagraph (C), by striking "and community orientation" and inserting "community orientation, and educational resources for dependent children, including school transition assistance, academic continuity, and special education services"; and
Bill text · Current law (10 U.S.C. 1056)
10 U.S.C. 1056(b)(2)added (E)by H.R. 3838 Sec. 661(a)
(E) Educational planning and support services for dependent children with disabilities, including procedures for transferring individualized education programs and coordinating with the Exceptional Family Member Program.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (10 U.S.C. 1056)
10 U.S.C. 1056renumberedby H.R. 3838 Sec. 661(a)
The bill says: by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
Bill text · Current law (10 U.S.C. 1056)
10 U.S.C. 1056added (e)by H.R. 3838 Sec. 661(a)
(e) Provision of Information on Program.—(1) The Secretary of Defense shall ensure that members of the armed forces and the families of those members are provided information regarding available assistance under this section and any other assistance relating to a change of permanent station available under any other provision of law.(2) The Secretary shall ensure that information required to be provided under this subsection is provided to a member of the armed forces and the family of that member not later than 45 days before the date on which a change of permanent station takes effect for that member.(3) The information provided under this subsection shall include—(A) information on family assistance programs authorized under section 1788 of this title, including financial planning resources, spouse employment support, and community integration services;(B) guidance on available housing assistance, including on-base housing options, rental protections, and resources for off-base relocation;(C) mental health and well-being support services, including those accessible during the period of transition for a change of permanent station;(D) educational resources for dependent children, including school transition assistance and special education services;(E) information on available legal and financial counseling programs; and(F) any other assistance programs that support members of the armed forces and their families during relocation.(4) The Secretary of Defense shall—(A) incorporate the information required to be provided under this subsection into accessible materials and briefings provided to members of the armed forces relating to a change of permanent station;(B) ensure that the program under this section provides accessible materials and briefings at military installations and through online resources;(C) develop a communication strategy, including digital outreach and printed materials, to increase awareness of the program under this section and assistance available under other provisions of law relating to a change of permanent station; and(D) assess the satisfaction of members of the armed forces and their families with the information provided under this subsection.
The bill says: by inserting after subsection (d) the following new subsection:
Bill text · Current law (10 U.S.C. 1056)
Public Law 118-159(a)changedby H.R. 3838 Sec. 662(1)
The bill says: by striking "Secretary of the Army" and inserting "Secretary of a military department"; and
Bill text
Public Law 118-159(a)changedby H.R. 3838 Sec. 662(1)
The bill says: by striking "installations of the Army for members of the Army" and inserting "installations under the jurisdiction of the Secretary for members of the Armed Forces";
Bill text
Public Law 118-159(b)changedby H.R. 3838 Sec. 662(2)
The bill says: in subsection (b), by inserting "of the military department concerned" after "Secretary"; and
Bill text
Public Law 118-159changedby H.R. 3838 Sec. 662(3)
(d) Reporting.—(1) Progress reports.— At the end of each calendar quarter until the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a progress report regarding implementation of the pilot program.(2) Final report.— Not later than 90 days after the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report regarding the pilot program. Such report shall include the following elements:(A) Lessons learned from the pilot program.(B) The recommendation of the Secretary whether to expand or make permanent the pilot program.(C) If the Secretary recommends expansion, the military installations covered by such recommended expansion.(D) Limitations to the operation or expansion of the pilot program.(E) Any information the Secretary determines appropriate.
The bill says: by striking subsection (d) and inserting the following new subsection (d):
Bill text
10 U.S.C. 1076a(a)(1)changedby H.R. 3838 Sec. 701(1)
The bill says: in the header, by striking "selected reserve and"; and
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1076a(a)(1)changedby H.R. 3838 Sec. 701(1)
The bill says: by striking "for members of the Selected Reserve of the Ready Reserve and";
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1076a(a)(2)changedby H.R. 3838 Sec. 701(1)
The bill says: in paragraph (2), in the header, by inserting "individual ready" after "other"; and
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1076a(a)added (5)by H.R. 3838 Sec. 701(1)
(5) Plan for Selected Reserve.— A dental benefits plan for members of the Selected Reserve of the Ready Reserve.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1076a(d)renumberedby H.R. 3838 Sec. 701(2)
The bill says: by redesignating paragraph (3) as paragraph (4); and
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1076a(d)added (3)by H.R. 3838 Sec. 701(2)
(3) No premium plans.—(A) The dental insurance plan established under subsection (a)(5) is a no premium plan.(B) Members enrolled in a no premium plan may not be charged a premium for benefits provided under the plan.
The bill says: by inserting after paragraph (2) the following new paragraph:
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1076a(e)(2)(A)changedby H.R. 3838 Sec. 701(3)
The bill says: in subsection (e)(2)(A), by striking "a member of the Selected Reserve of the Ready Reserve or";
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1076arenumberedby H.R. 3838 Sec. 701(4)
The bill says: by redesignating subsections (f) through (l) as subsections (g) through (m), respectively;
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1076aadded (f)by H.R. 3838 Sec. 701(5)
(f) Copayments under no premium plans.— A member who receives dental care under a no premium plan referred to in subsection (d)(3) shall pay no charge for any care described in subsection (c).
The bill says: by inserting after subsection (e) the following new subsection (f):
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1076a(i)changedby H.R. 3838 Sec. 701(6)
The bill says: in subsection (i), as redesignated by paragraph (4), by striking "subsection (k)(2)" and inserting "subsection (l)(2)".
Bill text · Current law (10 U.S.C. 1076a)
10 U.S.C. 1074oadded 1074pby H.R. 3838 Sec. 702
1074p. Periodic health assessments.— Beginning in 2026, the Secretary of Defense shall ensure that periodic health assessments provided to a member of the armed forces include the following:(1) On an annual basis—(A) a sports physical;(B) an electrocardiogram; and(C) blood work that includes—(i) a comprehensive metabolic panel and complete blood count; and(ii) if necessary—(I) a thyroid stimulating hormone test; and(II) a brain natriuretic peptide test.(2) Any test or evaluation required by law with respect to such member, including an evaluation required by section 704 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 1074f note) and a test required by section 707 of such Act (10 U.S.C. 1074 note).(3) Any other test or evaluation determined appropriate by the Secretary.
The bill says: Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:
Bill text · Current law (10 U.S.C. 1074o)
10 U.S.C. 1074oadded 1074pby H.R. 3838 Sec. 703(a)
1074p. Fertility treatment for certain active duty members of the armed forces and dependents.—(a) Coverage.— The Secretary shall ensure that fertility-related care for a covered member (or a dependent of such a member) shall be covered under TRICARE Prime and TRICARE Select.(b) In vitro fertilization.— In the case of in vitro fertilization treatment furnished to an individual pursuant to subsection (a)—(1) three completed oocyte retrievals may be furnished per calendar year; and(2) single embryo transfers shall be provided unless otherwise medically indicated in accordance with the guidelines of the American Society for Reproductive Medicine.(c) Cost sharing and other limitations.— The Secretary shall ensure that cost-sharing amounts for an individual who receives fertility-related care under this section are determined under section 1075, 1075a, or other applicable provision of this chapter in accordance with the kind of care provided (such as an in-network inpatient visit) and without regard to whether the care is fertility-related care. The Secretary may not impose any waiting periods or other limitations once the individual has received a medical diagnosis of infertility.(d) Prohibitions.— Funds available to the Department of Defense may not be used for preimplantation genetic screening, human cloning, international surrogacy, or artificial womb technology.(e) Definitions.— In this section:(1) The term covered member means—(A) a member of the Army, Navy, Marine Corps, Air Force, or Space Force, serving on active duty; and(B) does not include a former member of the armed forces.(2) The term infertility means a disease, condition, or status characterized by—(A) the failure to establish a pregnancy or to carry a pregnancy to live birth after regular, unprotected sexual intercourse in accordance with the guidelines of the American Society for Reproductive Medicine;(B) the inability of an individual to reproduce without medical intervention either as a single individual or with the partner of the individual; or(C) the findings of a licensed physician based on the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, of the individual.(3) The term fertility-related care means—(A) the diagnosis of infertility; and(B) fertility treatment.(4) The term fertility treatment includes the following:(A) In vitro fertilization or other treatments or procedures in which human oocytes, embryos, or sperm are handled when clinically appropriate.(B) Sperm retrieval.(C) Egg retrieval.(D) Preservation of human oocytes, embryos, or sperm.(E) Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination.(F) Transfer of reproductive genetic material.(G) Medications as prescribed or necessary for fertility.(H) Fertility treatment coordination.(I) Such other information, referrals, treatments, procedures, testing, medications, laboratory services, technologies, and services facilitating reproduction as determined appropriate by the Secretary of Defense.
The bill says: Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:
Bill text · Current law (10 U.S.C. 1074o)
10 U.S.C. 1079(a)added (21)by H.R. 3838 Sec. 703(c)
(21) Fertility-related care shall be provided in accordance with section 1074p of this title.
The bill says: Section 1079(a) 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. 1079)
10 U.S.C. 1077(a)(10)addedby H.R. 3838 Sec. 711
The bill says: Section 1077(a)(10) of title 10, United States Code, is amended by inserting before the period the following: ", including with respect to anesthesia for in-office dental procedures for children".
Bill text · Current law (10 U.S.C. 1077)
10 U.S.C. 1097dadded 1097eby H.R. 3838 Sec. 712
1097e. TRICARE program: notice of coverage transition requirements.—(a) Provision of notice.—(1) The Secretary shall provide each covered beneficiary with notices of a TRICARE coverage transition requirement that affects the individual.(2) The Secretary shall provide notice under paragraph (1) through electronic means.(b) Timing of notice.— The Secretary shall provide notices to a covered beneficiary under subsection (a)(1) as follows:(1) On the date that is one year before the covered beneficiary will experience a TRICARE coverage transition requirement.(2) On the date that is 180 days before the covered beneficiary will experience a TRICARE coverage transition requirement.(3) On the date that is 30 days before the covered beneficiary will experience a TRICARE coverage transition requirement.(c) Outreach.— The Secretary shall conduct an outreach and public awareness campaign to inform covered beneficiaries of TRICARE coverage transition requirements, including through the TRICARE internet website, social media, and through family readiness groups.(d) Reports.— On an annual basis the Secretary shall submit to the congressional defense committees a report on the implementation of this section, including metrics relating to the outreach and public awareness campaign under subsection (c) and any recommendations to improve making covered beneficiaries aware of TRICARE coverage transition requirements.(e) TRICARE coverage transition requirement.— In this section, the term "TRICARE coverage transition requirement" means a requirement under this chapter for a covered beneficiary to make a different election under the TRICARE program to continue enrollment in the TRICARE program, including by reason of attaining a certain age as described in section 1086(d) or 1110b of this title.
The bill says: Chapter 55 of title 10, United States Code, is amended by inserting after section 1097d the following:
Bill text · Current law (10 U.S.C. 1097d)
10 U.S.C. 1076fadded 1076gby H.R. 3838 Sec. 713(a)
1076g. TRICARE program: prohibition on coverage and furnishment gender-related medical treatment.—(a) Prohibition.— Except as provided by subsection (b), medical care under section 1076 of this title with respect to members of the armed forces and dependents of such members does not include gender-related medical treatment, and the Secretary of Defense may not furnish any such treatment.(b) Exceptions.— The prohibition in subsection (a) shall not apply to medical treatment provided for purposes of treating—(1) a disorder of sex development, diagnosed by a physician after such physician has determined through genetic or biochemical testing that such minor does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action;(2) irresolvably ambiguous biological sex characteristics of such minor, including the presence of—(A) 46 XX chromosomes with virilization;(B) 46 XY chromosomes with undervirilization; or(C) both ovarian and testicular tissue; or(3) an infection, injury, disease, or disorder caused or exacerbated by gender-related medical treatment.(c) Definitions.— In this section:(1) The term "female" means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.(2) The term "gender"—(A) means—(i) males, females, or the natural differences between males and females, unless such term is otherwise specified or used alone (rather than with or as an adjective modifying other words); and(ii) is a synonym for sex; and(B) does not mean gender identity, experienced gender, gender expression, or gender roles.(3) The term "gender-related medical treatment" means—(A) with respect to a female individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not female, including—(i) surgical procedures, including—(I) vaginectomy;(II) hysterectomy;(III) oophorectomy;(IV) reconstruction of the urethra;(V) metoidioplasty;(VI) phalloplasty;(VII) salpingo-oophorectomy;(VIII) scrotoplasty;(IX) implantation of erection or testicular protheses;(X) subcutaneous mastectomy;(XI) vocal cord surgery;(XII) pectoral implants; and(XIII) penile transplantation;(ii) exogenous doses of testosterone or other androgens; and(iii) puberty blockers, including—(I) GnRH agonists; and(II) synthetic drugs that suppress the production of estrogen and progesterone or delay or suppress pubertal development in female individuals; and(B) with respect to a male individual, medical treatments provided for purposes of addressing the perception of such individual that the gender or sex of such individual is not male, including—(i) surgical procedures, including—(I) penectomy;(II) orchiectomy;(III) vaginoplasty;(IV) clitoroplasty;(V) vulvoplasty;(VI) augmentation mammoplasty;(VII) facial feminization surgery;(VIII) vocal cord surgery;(IX) chondrolaryngoplasty;(X) gluteal augmentation; and(XI) uterine transplantation;(ii) exogenous doses of estrogen; and(iii) puberty blockers, including—(I) GnRH agonists; and(II) synthetic drugs that suppress the production of testosterone or delay or suppress pubertal development in male individuals.(4) The term "male" means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.(5) The term "sex" means the biological determination as to whether an individual is male or female.(d) Rule of construction.— Nothing in this section may be construed to entitle an individual to medical care under this chapter for which they are not otherwise entitled to under this chapter.
The bill says: Chapter 55 of title 10, United States Code, is amended by inserting after section 1076f the following new section:
Bill text · Current law (10 U.S.C. 1076f)
10 U.S.C. 1096addedby H.R. 3838 Sec. 721(a)
The bill says: in the section heading, by adding at the end the following: "; medical surge program"; and
Bill text · Current law (10 U.S.C. 1096)
10 U.S.C. 1096added (e)by H.R. 3838 Sec. 721(a)
(e) Medical surge program.—(1) The Secretary shall carry out a program of record known as the Military-Civilian Medical Surge Program to—(A) support locations that the Secretary selects under paragraph (3); and(B) enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (E) of paragraph (4).(2)(A) The Secretary, acting through the National Center for Disaster Medicine and Public Health at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the operation, staffing, and deployment of the Program.(B) In carrying out the Program, the Secretary shall maintain requirements for staffing, specialized training, research, and education, regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces.(3)(A) In carrying out the Program, the Secretary shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary determines—(i) are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and(ii) have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation.(B) The Secretary shall select not fewer than eight locations that are operationally relevant to the missions of the Department of Defense under the National Disaster Medical System and are aeromedical or other transport hubs or logistics centers in the United States for partnerships under subparagraph (A). The Secretary may select more than eight locations, including locations outside of the continental United States, if the Secretary determines such additional locations cover areas of strategic and operational relevance to the Defense Department.(4) The Secretary shall ensure that the partnerships under paragraph (3)(A) allow for civilian medical personnel to quickly and effectively mobilize direct support to military medical treatment facilities and provide support to other requirements of the military health system pursuant to the following:(A) A declaration of a national emergency under the National Emergencies Act (50 U.S.C. 1621 et seq.).(B) A public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).(C) A declaration of war by Congress.(D) The President’s exercise of executive powers under the War Powers Resolution (50 U.S.C. 1541 et seq.).(E) Any other emergency or major disaster as declared by the President.(5)(A) The Secretary of Defense shall carry out the Program in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency.(B) Each official specified in subparagraph (A) shall prescribe regulations necessary to carry out the Program.(C) Not later than December 31, 2026, the officials specified in subparagraph (A) shall jointly issue an interagency operations plan for the Program.(D) Nothing in this subsection shall be construed to authorize the Secretary of Defense to control, direct, limit, or otherwise affect the authorities of the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency with respect to medical preparedness and response, staffing levels, or resource allocation.(6) Beginning July 1, 2026, and annually thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Transportation, and the Administrator of the Federal Emergency Management Agency, shall submit to the appropriate congressional committees a report on the status, readiness, and operational capabilities of the Program. Each report shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program.(7) In this subsection:(A) The term appropriate congressional committees means the following:(i) The Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Veterans' Affairs, and the Committee on Energy and Commerce of the House of Representatives.(ii) The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Veterans' Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate.(B) The term institution of higher education means a four-year institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).(C) The term National Disaster Medical System means the system established under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).(D) The term Program means the Military-Civilian Medical Surge Program established under paragraph (1).
The bill says: by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 1096)
10 U.S.C. 1074i(a)changedby H.R. 3838 Sec. 722(1)
The bill says: in subsection (a), by striking "In any case" and inserting "Except as provided by subsection (b), in any case"; and
Bill text · Current law (10 U.S.C. 1074i)
10 U.S.C. 1074i(b)changedby H.R. 3838 Sec. 722(2)
The bill says: by striking the heading and inserting "Special rules for certain members and dependents.—";
Bill text · Current law (10 U.S.C. 1074i)
10 U.S.C. 1074i(b)changedby H.R. 3838 Sec. 722(2)
The bill says: by striking "The Secretary of Defense" and inserting "(1) The Secretary of Defense"; and
Bill text · Current law (10 U.S.C. 1074i)
10 U.S.C. 1074i(b)added (2)by H.R. 3838 Sec. 722(2)
(2) With respect to members of the armed forces on active duty and their dependents, the Secretary shall administer subsection (a) by substituting "50 miles" for "100 miles".
The bill says: by inserting after paragraph (1), as designated by subparagraph (B) of this paragraph, the following new paragraph:
Bill text · Current law (10 U.S.C. 1074i)
10 U.S.C. 1079(i)renumberedby H.R. 3838 Sec. 723(a)
The bill says: by redesignating paragraph (4) as paragraph (5); and
Bill text · Current law (10 U.S.C. 1079)
10 U.S.C. 1079(i)added (4)by H.R. 3838 Sec. 723(a)
(4)(A) In addition to amounts paid under paragraph (2), the Secretary shall pay an annual payment adjustment to a children’s hospital for outpatient services if the Secretary determines that, with respect to the year covered by the payment adjustment, the hospital meets one or more of the following criteria:(i) 10 percent or more of the revenue of the hospital comes from services provided to covered individuals under the TRICARE program.(ii) The hospital received not fewer than 10,000 visits by covered individuals that were paid under paragraph (2).(iii) The hospital has been determined by the Secretary to be essential for operations of the TRICARE program.(B) The amount of the annual payment adjustment paid to a children’s hospital under subparagraph (A) shall be the amount that is 30 percent of payments made under the Outpatient Prospective Payment System (or successor system) to the children’s hospital under paragraph (2) during the year covered by the annual payment adjustment for outpatient services provided to covered individuals.(C) In this paragraph:(i) The term children’s hospital means a provider of services provided under a plan covered by this section that is a children’s hospital.(ii) The term covered individual means a member of the armed forces serving on active duty or a dependent of such a member.
The bill says: by inserting after paragraph (3) the following new paragraph (4):
Bill text · Current law (10 U.S.C. 1079)
10 U.S.C. 1094(b)rewrittenby H.R. 3838 Sec. 724
(b)(1) The Secretary of Defense shall ensure that each individual who provides health care independently as a health-care professional at a health care facility of the Department of Defense meets the requirement of subsection (a).(2) In carrying out paragraph (1), the Secretary shall establish a centralized credential system that allows the commanding officer of a health care facility of the Department to verify the licensure of a health-care professional, regardless of the location of the facility or the armed force in which the health-care professional serves. The Secretary shall ensure that not less than 90 percent of such verifications are completed within seven days of the date on which the commanding officer requests such verification if the request does not relate to a health-care professional with an adverse record.
The bill says: Subsection (b) of section 1094 of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 1094)
10 U.S.C. 1094(d)(3)(B)changedby H.R. 3838 Sec. 725
The bill says: Section 1094(d)(3)(B) of title 10, United States Code, is amended by striking "under section 502(f) of title 32 in response to an actual or potential disaster" and inserting "under title 32".
Bill text · Current law (10 U.S.C. 1094)
10 U.S.C. 1094(e)(1)(A)changedby H.R. 3838 Sec. 726(1)
The bill says: in paragraph (1)(A), by striking "; and" and inserting ", or the official agency of the government of a partner country; and"; and
Bill text · Current law (10 U.S.C. 1094)
10 U.S.C. 1094(e)added (3)by H.R. 3838 Sec. 726(2)
(3) The term partner country means any of the following:(A) Australia.(B) Canada.(C) New Zealand.(D) United Kingdom.(E) Any other country designated as a partner country by the Secretary of Defense for the purposes of this section.
The bill says: by inserting at the end the following:
Bill text · Current law (10 U.S.C. 1094)
Public Law 117-263(a)changedby H.R. 3838 Sec. 727(1)
The bill says: in subsection (a), by striking "five-year period" both places it appears and inserting "10-year period"; and
Bill text
Public Law 117-263(c)(2)changedby H.R. 3838 Sec. 727(2)
The bill says: in paragraph (2), by striking "Not later than two years after the date of the enactment of this Act," and inserting "During each of 2024 and 2029,"; and
Bill text
Public Law 117-263(c)changedby H.R. 3838 Sec. 727(2)
The bill says: in paragraphs (3) and (4), by striking "three years after the date of the enactment of this Act," both places it appears and inserting "December 31, 2030,".
Bill text
Public Law 113-66(b)(2)changedby H.R. 3838 Sec. 732(1)
The bill says: by inserting "(or other individual covered under paragraph (3))" after "patient of the facility"; and
Bill text
Public Law 113-66(b)(2)changedby H.R. 3838 Sec. 732(1)
The bill says: by inserting "(or other such individual’s need)" after "patient’s need"; and
Bill text
Public Law 113-66(b)added (3)by H.R. 3838 Sec. 732(2)
(3) Access to Sexual Assault Forensic Examiners.— In addition to furnishing sexual assault forensic examinations to patients of military medical treatment facilities, the Secretary of Defense shall ensure that civilian employees and contractors of the Department of Defense are furnished sexual assault forensic examinations at military medical treatment facilities (including such facilities located outside the United States) following an allegation of sexual assault, regardless of whether the employee or contractor is otherwise eligible for health care under chapter 55 of title 10, United States Code.
The bill says: by adding at the end the following:
Bill text
10 U.S.C. 1079brenumberedby H.R. 3838 Sec. 736(1)
The bill says: by redesignating subsection (e) as subsection (f); and
Bill text · Current law (10 U.S.C. 1079b)
10 U.S.C. 1079badded (d)by H.R. 3838 Sec. 736(2)
(d) Annual publication of information.— On an annual basis, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and make publicly available on the internet website of the Department of Defense, the following information with respect to the year covered by the report:(1) The total amount of fees owed by civilians for medical care described in subsection (a), disaggregated by military medical treatment facility.(2) The number of civilians who received such medical care, disaggregated by military medical treatment facility.(3) The number of civilians who received a waiver under subsection (b), and the average amount of fees waived, disaggregated by military medical treatment facility.(4) The number of civilians who received a reduction of fees under subsection (c), and the average amount of fees remaining after such reductions, disaggregated by military medical treatment facility.
The bill says: by inserting after subsection (d) the following new subsection:
Bill text · Current law (10 U.S.C. 1079b)
10 U.S.C. 1100added 1100aby H.R. 3838 Sec. 737(a)
1100a. Availability of Defense Health Program and other funds for certain medical countermeasures.—(a) Authority.— Subject to the availability of appropriations for such purpose, amounts available under the Defense Health Program account established under section 1100, and amounts available under the Operation and Maintenance, Army account for medical readiness, may be obligated or expended by the Director of the Defense Health Agency to conduct the activities described in subsection (b) for the protection and sustainment of deployed forces across the roles of medical care.(b) Activities described.— The activities described in this subsection are the following:(1) The procurement or pre-positioning of a medical countermeasure for forward deployment.(2) The forward deployment of a medical countermeasure.(3) Any associated logistics, storage, or sustainment activity necessary to ensure the availability or readiness of a forward-deployed medical countermeasure.(c) Coordination.— The Director of the Defense Health Agency shall coordinate with the Secretaries of the military departments and the commanders of the combatant commands with respect to any obligation or expenditure of funds under subsection (a).(d) Definitions.— In this section:(1) The term "medical countermeasure" includes—(A) a vaccine, therapeutic, prophylactic, or diagnostic; and(B) an advanced wound care product, including antimicrobial and barrier-protective dressings such as silver-plated bandages.(2) The term "roles of medical care" has the meaning given such term in the publication of the Chairman of the Joint Chiefs of Staff titled "Joint Publication 4-02: Joint Health Service", dated December 11, 2017, or such successor publication.
The bill says: Chapter 55 of title 10, United States Code, is amended by inserting after section 1100 the following new section:
Bill text · Current law (10 U.S.C. 1100)
Public Law 117-263renumberedby H.R. 3838 Sec. 742(1)
The bill says: by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
Bill text
Public Law 117-263added (e)by H.R. 3838 Sec. 742(2)
(e) Digital health technologies.—(1) Working group.— As part of the Initiative, the Secretary shall establish a working group to develop a strategy for treating traumatic brain injuries through digital health technologies.(2) Membership.— The working group shall be composed of members of the Armed Forces, civilian employees of the Department of Defense, and individuals not employed by the Federal Government, who have expertise in traumatic brain injury clinical care, biomedical informatics, engineering, or implementation science.(3) Elements.— The strategy developed under paragraph (1) shall include the following:(A) Identification of capability gaps in the treatment of traumatic brain injuries that could be addressed through artificial intelligence and digital health technologies.(B) An analysis of existing research, development, and acquisition efforts leveraging artificial intelligence-based capabilities and digital health technologies, including any applicable commercial off-the-shelf solutions being used by the Secretary to support the treatment of traumatic brain injuries.(C) Recommendations with respect to advances required to—(i) address gaps identified under subparagraph (A); and(ii) significantly improve the treatment of traumatic brain injuries using artificial intelligence and digital health technologies.(D) A recommended investment plan to advance technology and knowledge readiness levels to field digital health technologies to treat traumatic brain injuries.(4) Briefing.— Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the strategy developed under paragraph (1).
The bill says: by inserting after subsection (d) the following new subsection:
Bill text
10 U.S.C. 3706(c)(3)changedby H.R. 3838 Sec. 802(1)
The bill says: in paragraph (3) by striking "or" at the end;
Bill text · Current law (10 U.S.C. 3706)
10 U.S.C. 3706(c)(4)changedby H.R. 3838 Sec. 802(2)
The bill says: in paragraph (4) by striking the period and inserting "; or"; and
Bill text · Current law (10 U.S.C. 3706)
10 U.S.C. 3706(c)added (5)by H.R. 3838 Sec. 802(3)
(5) updates to cost or pricing data submitted by the prime contractor or subcontractor after the date of agreement on the price of the contract (or price of the modification) or, if applicable and if consistent with subsection (a)(2), such other date agreed upon between the parties, were based on data that was more than 30 days old.
The bill says: by adding at the end the following:
Bill text · Current law (10 U.S.C. 3706)
10 U.S.C. 4374(a)changedby H.R. 3838 Sec. 806(a)
The bill says: in subsection (a), by striking "When a unit cost report" and inserting "Not later than 30 days after a unit cost report";
Bill text · Current law (10 U.S.C. 4374)
10 U.S.C. 4374(b)changedby H.R. 3838 Sec. 806(a)
The bill says: in subsection (b), by striking "When a unit cost report" and inserting "Not later than 30 days after a unit cost report"; and
Bill text · Current law (10 U.S.C. 4374)
10 U.S.C. 4374(c)rewrittenby H.R. 3838 Sec. 806(a)
The bill says: in subsection (c), by amending paragraph (2) to read as follows:
Bill text · Current law (10 U.S.C. 4374)
10 U.S.C. 4203(a)(1)added (C)by H.R. 3838 Sec. 806(b)
(C) If the Secretary of Defense determines that a major defense acquisition program requires the delivery of two or more end items that are each estimated to require an eventual total expenditure for research, development, test, evaluation, operation, and support of more than $500,000,000, the Secretary shall designate each such end item as a major subprogram for the purposes of acquisition reporting under this subpart.
The bill says: Section 4203(a)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
Bill text · Current law (10 U.S.C. 4203)
10 U.S.C. 4214(a)(2)changedby H.R. 3838 Sec. 806(c)
The bill says: Section 4214(a)(2) of title 10, United States Code, is amended by inserting "for the life cycle of such major defense acquisition program or designated major subprogram" before the period at the end.
Bill text · Current law (10 U.S.C. 4214)
10 U.S.C. 4376(b)added (4)by H.R. 3838 Sec. 806(d)
(4) Delegation.— The Secretary may not delegate the submission of a written certification under paragraph (1).
The bill says: in subsection (b), by adding at the end the following new paragraphs:
Bill text · Current law (10 U.S.C. 4376)
10 U.S.C. 4376(c)(2)changedby H.R. 3838 Sec. 806(d)
The bill says: in paragraph (2), by striking "and" at the end;
Bill text · Current law (10 U.S.C. 4376)
10 U.S.C. 4376(c)(3)changedby H.R. 3838 Sec. 806(d)
The bill says: in paragraph (3), by striking the period at the end and inserting "; and"; and
Bill text · Current law (10 U.S.C. 4376)
10 U.S.C. 4376(c)added (4)by H.R. 3838 Sec. 806(d)
(4) consideration of termination plans that maximize value, including—(A) immediate termination of the program with no further action;(B) termination of the program after completion of the end items in production and for which funds have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program;(C) termination of the program after completion of the end items described in subparagraph (B) for which the resale value exceeds the cost of completing such end items; and(D) any other course of action to maximize the value to the Government of the funds that have been obligated or expended under the program as of the date that is the last day of the applicable 60-day period described in subsection (b)(1) for the program.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 4376)
Public Law 118-31renumberedby H.R. 3838 Sec. 807(1)
The bill says: by redesignating subsection (h) as subsection (i); and
Bill text
Public Law 118-31added (h)by H.R. 3838 Sec. 807(2)
(h) Contested logistics exercise requirement.—(1) In general.— The Secretary of Defense shall direct the Secretaries of the Navy and the Air Force to incorporate the requirements of the Program into the execution of the Return of Forces to the Pacific exercise of the Air Force and the Rim of the Pacific exercise of the Navy.(2) Execution.— In carrying out paragraph (1) with respect to an exercise described in such paragraph, the Secretary concerned shall, in consultation with any covered nation participating in such exercise, evaluate the following:(A) Operational scenarios that require greater collaboration amongst national militaries to support logistics requirements and which shall leverage contracting processes and operational contract support, acquisitions and cross servicing agreements, and prepositioned assets to assess how participating nations can maximize deterrence value and readiness of military forces.(B) Barriers that may prevent and opportunities to expand the joint sustainment of weapons systems by nations that commonly operate such weapon systems, including—(i) the use of agreements related to maintenance and the sharing of parts; and(ii) how participating nations can expand tactical maintenance and supply interoperability.(C) Conducting maintenance of weapons systems in austere environments and the associated transportation requirements.(D) Existing policies, statutes, and technical requirements that prevent further integration of sustainment of weapon systems amongst participating nations.(3) Termination.— This subsection shall terminate on the date described in subsection (g).
The bill says: by inserting after subsection (g) the following new subsection:
Bill text
10 U.S.C. 3374(a)changedby H.R. 3838 Sec. 811(a)
The bill says: in the heading, by striking "certain reduced";
Bill text · Current law (10 U.S.C. 3374)
10 U.S.C. 3374(a)(1)changedby H.R. 3838 Sec. 811(a)
The bill says: in paragraph (1), by striking "and" at the end;
Bill text · Current law (10 U.S.C. 3374)
10 U.S.C. 3374(a)(2)changedby H.R. 3838 Sec. 811(a)
The bill says: in paragraph (2), by striking the period at the end and inserting a semicolon; and
Bill text · Current law (10 U.S.C. 3374)
10 U.S.C. 3374(a)added (3)by H.R. 3838 Sec. 811(a)
(3) the increased cost risk of the contractor with respect to any costs incurred prior to the award of the undefinitized contractual action when such costs—(A) would have been directly chargeable to the contract if incurred after the award of the contract; and(B) were incurred to meet an anticipated contract delivery schedule or anticipated contract price targets of the Government under an acquisition strategy required under section 4211 of this title; and(4) the increased cost risk of the contractor with respect to negotiations continuing for more than 180 days beginning on the date on which the contractor submitted the qualifying proposal to definitize such undefinitized contractual action.
The bill says: by adding at the end the following new paragraphs:
Bill text · Current law (10 U.S.C. 3374)
10 U.S.C. 3804removedby H.R. 3838 Sec. 811(a)
The bill says: by striking subsection (b);
Bill text · Current law (10 U.S.C. 3804)
10 U.S.C. 3804renumberedby H.R. 3838 Sec. 811(a)
The bill says: by redesignating subsection (c) as subsection (b); and
Bill text · Current law (10 U.S.C. 3804)
10 U.S.C. 3804added (c)by H.R. 3838 Sec. 811(a)
(c) Adjustment to the rate of contract financing.— If an undefinitized contractual action has not been definitized within 180 days after the contractor submitted a qualifying proposal to definitize such undefinitized contractual action, the contracting officer shall increase the rate of any applicable payments under section 3801 of this title on such undefinitized contractual action by 5 percent without requiring any additional consideration from such contractor.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 3804)
10 U.S.C. 3604(c)changedby H.R. 3838 Sec. 812(1)
The bill says: in the subsection heading, by striking "Maximum"; and
Bill text · Current law (10 U.S.C. 3604)
10 U.S.C. 3604(c)changedby H.R. 3838 Sec. 812(2)
The bill says: by inserting "shall be greater than or equal to $10,000,000 and" before "shall not exceed".
Bill text · Current law (10 U.S.C. 3604)
10 U.S.C. 4021added (j)by H.R. 3838 Sec. 813
(j) Reporting requirements.— With respect to each use of the authority under this section, the Secretary of Defense shall ensure that such use—(1) is reported in the same manner as other similar expenditures of the Department of Defense; and(2) is included in the searchable website established under the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282; 31 U.S.C. 6101 note).
The bill says: Section 4021 of title 10, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 4021)
10 U.S.C. 4506(f)removedby H.R. 3838 Sec. 814(2)
The bill says: by striking paragraphs (1) and (2); and
Bill text · Current law (10 U.S.C. 4506)
10 U.S.C. 4506(f)renumberedby H.R. 3838 Sec. 814(2)
The bill says: by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.
Bill text · Current law (10 U.S.C. 4506)
10 U.S.C. 4863rewrittenby H.R. 3838 Sec. 815(a)
(f) Exception for small purchases.—(1) Subsection (a) does not apply to acquisitions in amounts not greater than $250,000.(2) A proposed acquisition of an item subject to subsection (a) in an amount greater than $250,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).(3) On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.
The bill says: Section 4863 of title 10, United States Code, is amended by amending subsection (f) to read as follows:
Bill text · Current law (10 U.S.C. 4863)
10 U.S.C. 4873added (g)by H.R. 3838 Sec. 815(c)
(g) Exception for small purchases.—(1) Subsection (a)(1) does not apply to acquisitions in amounts not greater than $10,000.(2) A proposed acquisition of an item subject to subsection (a)(1) in an amount greater than $10,000 may not be divided into several purchases or contracts for lesser amounts in order to meet the exception under paragraph (1).(3) On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.
The bill says: Section 4873 of title 10, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 4873)
10 U.S.C. 4872renumberedby H.R. 3838 Sec. 816(a)
The bill says: by redesignating subsection (f) as subsection (h);
Bill text · Current law (10 U.S.C. 4872)
10 U.S.C. 4872added (f)by H.R. 3838 Sec. 816(a)
(f) Covered material designation.—(1) In general.— The Secretary of Defense shall submit to the congressional defense committees a notice of a designation under subsection (h)(1)(F) not later than 30 days prior to the date on which such designation is published in the Federal Register.(2) Effective date.— The designation of a mineral, material, substrate, metal, or alloy as a covered material under subsection (h)(1)(F)—(A) shall take effect on the date that is one year after the date on which the Secretary of Defense publishes a notice of such designation in the Federal Register and submits to the congressional defense committees the notice required under paragraph (1) with respect to such notice; and(B) shall apply only with respect to contracts or other agreements entered into after the date on which such designation takes effect under subparagraph (A).
The bill says: by inserting after subsection (e) the following new subsection:
Bill text · Current law (10 U.S.C. 4872)
10 U.S.C. 4872(h)(D)changedby H.R. 3838 Sec. 816(a)
The bill says: in subparagraph (D), by striking "and" at the end;
Bill text · Current law (10 U.S.C. 4872)
10 U.S.C. 4872(h)(E)changedby H.R. 3838 Sec. 816(a)
The bill says: in subparagraph (E), by striking the period at the end and inserting "; and"; and
Bill text · Current law (10 U.S.C. 4872)
10 U.S.C. 4872(h)added (F)by H.R. 3838 Sec. 816(a)
(F) any other mineral, material, substrate, metal, or alloy designated by the Secretary of Defense pursuant to a determination by the Secretary of Defense that such designation is in the interest of national security.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (10 U.S.C. 4872)
10 U.S.C. 4901(e)changedby H.R. 3838 Sec. 817
The bill says: Section 851(e) of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 4901 note) is amended by striking "September 30, 2025" and inserting "September 30, 2028".
Bill text · Current law (10 U.S.C. 4901)
31 U.S.C. 3553rewrittenby H.R. 3838 Sec. 818(b)
The bill says: by amending subsection (c)(3) to read as follows:
Bill text · Current law (31 U.S.C. 3553)
31 U.S.C. 3553(d)(3)added (D)by H.R. 3838 Sec. 818(b)
(D) For the purposes of the determination under paragraph (2)(B) with respect to a contract for a procurement by a component of the Department of Defense, a contracting officer may not determine that immediate performance of such contract is not in the best interests of the United States if the contracting officer determines that performance of the contract would facilitate the national defense.
The bill says: in subsection (d)(3), by adding at the end the following new subparagraph:
Bill text · Current law (31 U.S.C. 3553)
10 U.S.C. 3241(c)changedby H.R. 3838 Sec. 822(a)
The bill says: Section 806(c) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 3241 note prec.) is amended by striking ", dated March 8, 1995".
Bill text · Current law (10 U.S.C. 3241)
Public Law 118-159removedby H.R. 3838 Sec. 824
The bill says: Section 842 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 4862 note) is amended by striking subsection (c).
Bill text
10 U.S.C. 1599g(f)renumberedby H.R. 3838 Sec. 831(1)
The bill says: by redesignating subparagraphs (A) through (F) of paragraph (2) as clauses (i) through (vi), respectively;
Bill text · Current law (10 U.S.C. 1599g)
10 U.S.C. 1599g(f)renumberedby H.R. 3838 Sec. 831(2)
The bill says: by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively;
Bill text · Current law (10 U.S.C. 1599g)
10 U.S.C. 1599g(f)changedby H.R. 3838 Sec. 831(3)
The bill says: by inserting "(1)" before "An employee";
Bill text · Current law (10 U.S.C. 1599g)
10 U.S.C. 1599g(f)(B)(ii)changedby H.R. 3838 Sec. 831(4)
The bill says: in subparagraph (B)(ii), as so redesignated, by striking "207,";
Bill text · Current law (10 U.S.C. 1599g)
10 U.S.C. 1599g(f)(D)changedby H.R. 3838 Sec. 831(5)
The bill says: in subparagraph (D), as so redesignated, by inserting ", unless specifically directed to perform such work by written request of the Secretary" after "inherently governmental in nature"; and
Bill text · Current law (10 U.S.C. 1599g)
10 U.S.C. 1599g(f)added (2)by H.R. 3838 Sec. 831(6)
(2) An employee described under paragraph (1) that is directed to perform work that is considered inherently governmental in nature under subparagraph (D) of such paragraph shall be deemed to be an employee of the Department of Defense for purposes of section 207 of title 18, United States Code.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 1599g)
10 U.S.C. 1734(a)changedby H.R. 3838 Sec. 832(1)
The bill says: in the subsection heading, by striking "Three-year";
Bill text · Current law (10 U.S.C. 1734)
10 U.S.C. 1734(a)(1)changedby H.R. 3838 Sec. 832(1)
The bill says: by striking "paragraph (3)" and inserting "paragraph (4)"; and
Bill text · Current law (10 U.S.C. 1734)
10 U.S.C. 1734(a)(1)changedby H.R. 3838 Sec. 832(1)
The bill says: by inserting "(or with respect to a program executive officer, six-year period)" after "three-year period";
Bill text · Current law (10 U.S.C. 1734)
10 U.S.C. 1734(a)(2)changedby H.R. 3838 Sec. 832(1)
The bill says: in paragraph (2), by striking "A person" inserting "Except as provided in paragraph (3), a person";
Bill text · Current law (10 U.S.C. 1734)
10 U.S.C. 1734(a)renumberedby H.R. 3838 Sec. 832(1)
The bill says: by redesignating paragraph (3) as paragraph (4); and
Bill text · Current law (10 U.S.C. 1734)
10 U.S.C. 1734(a)added (3)by H.R. 3838 Sec. 832(1)
(3) An individual may not be assigned as a program executive officer (as described in section 1732 of this title) unless the individual executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for a period of at least six years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (b).
The bill says: by inserting after paragraph (2) the following new paragraph:
Bill text · Current law (10 U.S.C. 1734)
10 U.S.C. 1734(b)added (4)by H.R. 3838 Sec. 832(2)
(4) The Secretary of Defense shall require that—(A) a program executive officer be assigned in that position for a period of at least six years; and(B) the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Acquisition and Sustainment jointly ensure that the requirement in subparagraph (A) does not negatively affect the consideration of an individual for promotion or otherwise impede the advancement of an individual to a position of higher responsibility.
The bill says: in subsection (b), by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 1734)
10 U.S.C. 1734(d)changedby H.R. 3838 Sec. 832(3)
The bill says: in subsection (d), by striking "subsection (a)(2) or (b)(2)" and inserting "in subsection (a)(2), (b)(2), or (b)(3)"; and
Bill text · Current law (10 U.S.C. 1734)
10 U.S.C. 1734(e)changedby H.R. 3838 Sec. 832(4)
The bill says: in subsection (e), by inserting "(except for an individual assigned as a program executive officer)" after "serving in critical acquisition positions".
Bill text · Current law (10 U.S.C. 1734)
10 U.S.C. 4862(a)changedby H.R. 3838 Sec. 851(1)
The bill says: in subsection (a), by striking "subsections (c) through (h)" and inserting "subsections (c) through (g)"; and
Bill text · Current law (10 U.S.C. 4862)
10 U.S.C. 4862rewrittenby H.R. 3838 Sec. 851(2)
(h) Oversight committee.— The Secretary of Defense shall establish a committee to—(1) provide oversight of the implementation of the requirements of this section; and(2) ensure compliance with the requirements of this section.
The bill says: by amending subsection (h) to read as follows:
Bill text · Current law (10 U.S.C. 4862)
Public Law 118-159(a)changedby H.R. 3838 Sec. 852(a)
The bill says: in subsection (a), by striking "to assess and monitor" and all that follows and inserting the following: "to implement and use supply chain illumination meeting the minimum qualifying criteria determined by the Secretary under subsection (c)."; and
Bill text
Public Law 118-159added (c)by H.R. 3838 Sec. 852(a)
(c) Supply chain illumination minimum qualifying criteria.—(1) In general.— The Secretary of Defense shall establish minimum qualifying criteria for supply chain illumination for contractors of the Department of Defense.(2) Public notice.— Not later than April 1, 2026, the Secretary of Defense shall publish in the Federal Register a notice of the minimum qualifying criteria established under paragraph (1).(d) Expedited acceptance procedures.— If a contractor discloses to the relevant contracting officer that a covered end item was or will be provided by such contractor to the Department of Defense under a contract or other agreement, such contracting officer may continue to accept and pay for delivery of such covered end item until a waiver authorized under each applicable covered statute with respect to such covered end item is granted or denied if—(1) such contractor has supply chain illumination that meets the minimum qualifying criteria established by the Secretary of Defense under subsection (c); and(2) such contracting officer determines that such covered end item—(A) other than a prohibition on acquisition under a covered statute applying to such covered end item, satisfies the requirements of the contract or other agreement; and(B) does not pose a risk to security or safety.(e) Contractor responsibility.—(1) Immediate corrective action.— A contractor of the Department of Defense shall, upon identifying a nonconforming item in a covered end item that was or will be provided by such contractor to the Department under a contract or other agreement, immediately begin taking corrective action with respect to the inclusion of such nonconforming item in such covered end item in accordance with such contract or other agreement and the relevant procedures of the Department.(2) Alternative suppliers.— The corrective action described in paragraph (1) with respect to a nonconforming item in a covered end item shall include the contractor using reasonably expedient means to identify, and if necessary, qualify an alternative supplier to provide materials or goods to use in place of such non-conforming item in such end item.(f) Definitions.— In this section:(1) The term covered statute means—(A) section 4863 of this title;(B) section 4872 of this title;(C) section 805 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.); or(D) section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 4651 note prec.).(2) The term covered end item means an end item the acquisition of which is prohibited under a covered statute based on a nonconforming item that is contained in or a component of such end item, except that such term does not include an end item that is a non-conforming item.(3) The term end item has the meaning given such term in section 4863(m) of this title.(4) The term nonconforming item means a material or good the inclusion of which in an end item causes the acquisition of such end item to be prohibited under a covered statute.(5) The term supply chain illumination means policies, procedures, and tools, including analytical tools that leverage large data and machine learning, enabling such contractor to assess and monitor the entire supply chain of such contractor to identify potential vulnerabilities and security and noncompliance risks with respect to goods and services provided to the Department of Defense.
The bill says: by adding at the end the following new subsections:
Bill text
Public Law 118-31(c)rewrittenby H.R. 3838 Sec. 853
The bill says: Section 835(c) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is amended to read as follows:
Bill text
10 U.S.C. 4862added (l)by H.R. 3838 Sec. 860C
(l) Certain seafood purchases.— The exceptions in subsections (c) through (h) of this section shall not apply with respect to procurement of any fish, shellfish, or seafood product.
The bill says: Section 4862 of title 10, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 4862)
Public Law 118-159changedby H.R. 3838 Sec. 867(1)
The bill says: by striking "The Secretary" and inserting "(a) In general.—The Secretary";
Bill text
Public Law 118-159changedby H.R. 3838 Sec. 867(2)
The bill says: by striking "the People’s Republic of China" and inserting "a country of concern"; and
Bill text
Public Law 118-159added (b)by H.R. 3838 Sec. 867(3)
(b) Country of concern defined.— In this section, the term country of concern means any of the following:(1) China.(2) Russia.(3) Iran.(4) North Korea.
The bill says: by adding at the end the following new subsection:
Bill text
Public Law 118-31(A)changedby H.R. 3838 Sec. 868(a)
The bill says: in subparagraph (A), by striking "; or" and inserting a semicolon;
Bill text
Public Law 118-31(B)changedby H.R. 3838 Sec. 868(a)
The bill says: in subparagraph (B), by striking the period at the end and inserting "; or"; and
Bill text
Public Law 118-31added (C)by H.R. 3838 Sec. 868(a)
(C) obligate or expend loan or grant funds to procure or obtain goods and services produced or developed by an entity described in paragraph (2).
The bill says: by adding at the end the following new subparagraph:
Bill text
Public Law 118-31renumberedby H.R. 3838 Sec. 868(c)
The bill says: by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively;
Bill text
Public Law 118-31added (2)by H.R. 3838 Sec. 868(c)
(2) Amperex Technology Limited (also known as "ATL").
The bill says: by inserting after paragraph (1) the following:
Bill text
Public Law 118-31changedby H.R. 3838 Sec. 868(c)
The bill says: by amending paragraph (8) as redesignated by striking "paragraphs (1) through (6)" and inserting "paragraphs (1) through (7)".
Bill text
Public Law 118-31(b)(2)(A)changedby H.R. 3838 Sec. 871(1)
The bill says: in subparagraph (A), by striking "and" at the end;
Bill text
Public Law 118-31(b)(2)renumberedby H.R. 3838 Sec. 871(1)
The bill says: by redesignating subparagraph (B) as subparagraph (C); and
Bill text
Public Law 118-31(b)(2)added (B)by H.R. 3838 Sec. 871(1)
(B) commercial advanced or additive manufacturing facilities for rapid, distributed production of parts closer to the point of use; and
The bill says: by inserting after subparagraph (A) the following new subparagraph:
Bill text
Public Law 118-31(g)changedby H.R. 3838 Sec. 871(2)
The bill says: in subsection (g), by striking "on the date" and all that follows and inserting "December 31, 2030.".
Bill text
Public Law 117-263(a)(1)(A)changedby H.R. 3838 Sec. 872(a)
The bill says: by striking "permanent magnet" and inserting "permanent magnet, or an advanced battery or advanced battery component (as those terms are defined, respectively, in section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a))),"; and
Bill text
Public Law 117-263(a)(1)(A)changedby H.R. 3838 Sec. 872(a)
The bill says: by striking "of the magnet" and inserting "of the magnet, the advanced battery, or the advanced battery component (as applicable)"; and
Bill text
Public Law 117-263(a)rewrittenby H.R. 3838 Sec. 872(a)
(2) Elements.— A disclosure under paragraph (1) with respect to a system described in that paragraph shall include—(A) if the system includes a permanent magnet, an identification of the country or countries in which—(i) any rare earth elements and strategic and critical materials used in the magnet were mined;(ii) such elements and materials were refined into oxides;(iii) such elements and materials were made into metals and alloys; and(iv) the magnet was sintered or bonded and magnetized; and(B) if the system includes an advanced battery or an advanced battery component, an identification of the country or countries in which—(i) any strategic and critical materials that are covered minerals used in the battery or component were refined, processed, or reprocessed;(ii) any strategic and critical materials that are covered minerals and that were manufactured into the battery or component; and(iii) the battery cell, module, and pack of the battery or component were manufactured and assembled.
The bill says: by amending paragraph (2) to read as follows:
Bill text
Public Law 117-263rewrittenby H.R. 3838 Sec. 872(a)
(d) Definitions.— In this section:(1) The term strategic and critical materials means materials designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).(2) The term covered minerals means lithium, nickel, cobalt, manganese, and graphite.
The bill says: by amending subsection (d) to read as follows:
Bill text
Public Law 116-283(b)changedby H.R. 3838 Sec. 873(1)
The bill says: in the subsection heading, by inserting "; Applicability" after "date"; and
Bill text
Public Law 116-283(b)changedby H.R. 3838 Sec. 873(2)
The bill says: by inserting ", and shall apply with respect to contracts entered into on or after," after "take effect on".
Bill text
Public Law 116-283(b)(1)(B)changedby H.R. 3838 Sec. 874(1)
The bill says: in subparagraph (B), by inserting "under the guidance described in paragraph (3)" after "recycled or reused minerals or metals"; and
Bill text
Public Law 116-283(b)(1)(C)changedby H.R. 3838 Sec. 874(1)
The bill says: in subparagraph (C), by inserting "under the guidance described in paragraph (3)" after "recycled or reused minerals or metals"; and
Bill text
Public Law 116-283(b)added (3)by H.R. 3838 Sec. 874(2)
(3) Guidance.— The Under Secretary of Defense for Acquisition and Sustainment shall issue guidance to use the lessons learned from the program of the Defense Logistics Agency for recycling optical-grade germanium used in weapons systems and night vision equipment to expand and scale the use of the authority of the Secretary of Defense under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) to recycle, reuse, or otherwise recover materials determined to be strategic and critical materials under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).
The bill says: by adding at the end the following new paragraph:
Bill text
10 U.S.C. 3243renumberedby H.R. 3838 Sec. 879(g)
The bill says: by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and
Bill text · Current law (10 U.S.C. 3243)
10 U.S.C. 3243added (e)by H.R. 3838 Sec. 879(g)
(e) Advanced or adaptive manufacturing qualifications.— The head of the agency shall establish a process to streamline qualification of sources who use advanced manufacturing techniques, including those using a digital adaptive production system. Once a source is qualified, the head of the agency shall not require additional qualification for sources or products produced unless material changes have been made to the manufacturing process.
The bill says: by inserting after subsection (d) the following new subsection:
Bill text · Current law (10 U.S.C. 3243)
10 U.S.C. 4817added (g)by H.R. 3838 Sec. 880B(a)
(g) Eligible uses of authorities.—(1) The Secretary may use the authorities provided by this section with respect to upstream, mid-stream, and downstream supply chains, including material, material production, components, subassemblies, and finished products, testing and qualification, infrastructure, facility construction and improvement, and equipment needed directly for the following:(A) Castings and forgings.(B) Kinetic capabilities, including sensors, targeting systems, and delivery platforms.(C) Microelectronics.(D) Machine tools, including but not limited to subtractive, additive, convergent, stamping, forging, abrasives, metrology, and other production equipment.(E) Critical minerals, materials, and chemicals.(F) Workforce for the defense industrial base.(G) Advanced manufacturing capacity, including echelon manufacturing forward in the Indo-Pacific Command theater.(H) Unmanned vehicles, including subsurface, surface, land, air one-way, attritables, and launch and recovery platforms.(I) Manned aircraft.(J) Ground systems.(K) Power sources.(L) Ship and submarine, including assembly and automation technologies and capabilities, new or modernized infrastructure for new construction or maintenance and sustainment and battle damage repair.(M) Other materiel solutions required to support Indo-Pacific Command operational plans as required.(N) Defense space systems.(2) The Secretary may not use the authorities provided by this section for any activity in a covered country.(3) The Secretary may not use the authorities provided by this section for a purpose not described in paragraph (1) unless, not less than 30 days before doing so, the Secretary—(A) determines that—(i) the use of the authority for that purpose is essential to the national security interests of the United States; and(ii) without the use of the authority for that purpose, United States industry cannot reasonably be expected to provide the capability needed in a timely manner; and(B) submits to the congressional defense committees a report on the determination that includes appropriate explanatory material.(h) Grants and other incentives for domestic industrial base capabilities.— To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national security interests of the United States, the Secretary may make provision for—(1) use of contracts, grants, or other transaction authorities, including cooperative agreements;(2) incentives for the private sector to develop capabilities in areas of national security interest;(3) during the 5-year period beginning on the date of the enactment of this subsection, making awards to third party entities to support investments in small- and medium-sized entities working in areas of national security interest, including debt and equity investments, that would benefit missions of the Department of Defense; and(4) subsidies to offset market manipulation or ensure allied and domestic viability of grants made from other market uncertainties.(i) Defense industrial base purchase commitment program.—(1) To create, maintain, protect, expand, or restore industrial base capabilities essential for the national security interests of the United States, the Secretary may make provision for purchase commitments for—(A) Federal Government use or resale of an industrial resource or a critical technology item;(B) the encouragement of exploration, development, and mining of strategic and critical materials;(C) development of other materials and components;(D) the development of production capabilities; and(E) the increased use of emerging technologies in defense program applications and the rapid transition of emerging technologies—(i) from Federal Government-sponsored research and development to commercial applications; and(ii) from commercial research and development to national defense applications.(2)(A) Except as provided by subparagraph (B), purchase commitments under paragraph (1) may be made without regard to the limitations of existing law (other than section 1341 of title 31), for such quantities, and on such terms and conditions, including advance payments, and for such periods, but not extending beyond a date that is not more than 10 years from the date on which such purchase was initially made, as the Secretary deems necessary.(B) Purchases commitments under paragraph (1) involving higher than established ceiling prices (or if no such established ceiling prices exist, currently prevailing market prices) or that result in an anticipated loss on resale shall not be made, unless it is determined that supply of the materials could not be effectively increased or provisioned at lower prices or on terms more favorable to the Federal Government, or that such purchases are necessary to assure the availability to the United States of overseas supplies.(3)(A) The Secretary may take the actions described in subparagraph (B), if the Secretary finds that—(i) under generally fair and equitable ceiling prices, for any raw or nonprocessed material or component, there will result a decrease in supplies from high-cost sources of such material and that the continuation of such supplies is necessary to carry out the objectives of this section; or(ii) an increase in cost of transportation is temporary in character and threatens to impair maximum production or supply in any area at stable prices of any materials.(B) Upon a finding under subparagraph (A), the Secretary may make provision for subsidy payments on any such produced material from other than covered countries, in such amounts and in such manner (including purchase commitments of such material or component and its resale at a loss, and on such terms and conditions, as the Secretary determines to be necessary to ensure that supplies from such high-cost sources are continued, or that maximum production or supply in such area at stable prices of such materials is maintai
The bill says: Section 4817 of title 10, United States Code, is amended by adding at the end the following new subsections:
Bill text · Current law (10 U.S.C. 4817)
10 U.S.C. 149(e)(3)(A)(ii)(l)(bb)changedby H.R. 3838 Sec. 880B(b)
The bill says: in paragraph (3)(A)(ii)(l)(bb), by inserting "or with regard to loans that include an equity feature, the Director reasonably believes the rate of return on the portfolio of such loans will exceed the rate of return on investment of a loan at the yield on marketable securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement" before the period at the end;
Bill text · Current law (10 U.S.C. 149)
10 U.S.C. 149(e)(3)added (D)by H.R. 3838 Sec. 880B(b)
(D)(i) The Director may support an eligible investment selected pursuant to this subsection with funds, or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, equity of the eligible entity, receiving support for the eligible investment, or any of its parent or subsidiary companies, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Director may determine.(ii) The Director shall develop criteria, taking into consideration the national security and economic interests of the United States, pursuant to which the Director may hold, sell, or otherwise liquidate support for an investment described under clause (i).(iii) Solely for the purposes of purchasing equity securities under this subparagraph, the Director shall be treated as a qualified purchaser (as defined in section 2(a)(51) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)(51))) and as an accredited investor under section 2 of the Securities Act of 1933 (15 U.S.C. 77d).
The bill says: in paragraph (3), by adding at the end the following new subparagraph:
Bill text · Current law (10 U.S.C. 149)
10 U.S.C. 149(e)(8)changedby H.R. 3838 Sec. 880B(b)
(8) The Secretary of Defense shall notify the congressional defense committees not later than 30 days afterafter the formal approval of the use of any capital assistance under this subsection. a use of loans, loan guarantees, or technical assistance under this subsection.
The bill says: in paragraph (8), by striking "after" and all that follows through the period at the end and inserting the following: "after the formal approval of the use of any capital assistance under this subsection."; and
Bill text · Current law (10 U.S.C. 149)
10 U.S.C. 149rewrittenby H.R. 3838 Sec. 880B(b)
The bill says: by amending subsection (f)(1) to read as follows:
Bill text · Current law (10 U.S.C. 149)
15 U.S.C. 638(cc)changedby H.R. 3838 Sec. 882(1)
The bill says: by striking "During fiscal years 2012 through 2025, the" and inserting "The"; and
Bill text · Current law (15 U.S.C. 638)
15 U.S.C. 638(cc)changedby H.R. 3838 Sec. 882(2)
The bill says: by inserting "or STTR program" after "SBIR program" each place it appears.
Bill text · Current law (15 U.S.C. 638)
10 U.S.C. 113(c)removedby H.R. 3838 Sec. 901(a)
The bill says: by striking paragraph (2); and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(c)renumberedby H.R. 3838 Sec. 901(a)
The bill says: by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(g)(1)(B)removedby H.R. 3838 Sec. 901(a)
The bill says: by striking clause (vii); and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(g)(1)(B)renumberedby H.R. 3838 Sec. 901(a)
The bill says: by redesignating clauses (viii), (ix), and (x) as clauses (vii), (viii), and (ix), respectively; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113renumberedby H.R. 3838 Sec. 901(a)
The bill says: by striking subsections (l) and (m) and by redesignating subsections (n) and (o) as subsections (l) and (m), respectively.
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 147repealedby H.R. 3838 Sec. 901(b)
The bill says: Section 147 of title 10, United States Code, is repealed.
Bill text · Current law (10 U.S.C. 147)
10 U.S.C. 656repealedby H.R. 3838 Sec. 901(c)
The bill says: Section 656 of title 10, United States Code, is repealed.
Bill text · Current law (10 U.S.C. 656)
10 U.S.C. 133a(b)(2)changedby H.R. 3838 Sec. 902(1)
The bill says: in paragraph (2), by striking "and" at the end;
Bill text · Current law (10 U.S.C. 133a)
10 U.S.C. 133a(b)(3)changedby H.R. 3838 Sec. 902(2)
The bill says: in paragraph (3), by striking the period at the end and inserting a semicolon; and
Bill text · Current law (10 U.S.C. 133a)
10 U.S.C. 133a(b)added (4)by H.R. 3838 Sec. 902(3)
(4) having the authority to direct the Secretaries of the military departments and the heads of other elements of the Department with regard to matters for which the Under Secretary has responsibility; and(5) conducting developmental prototyping, designing and executing experiments of prototypes in the field to demonstrate operational relevance to address joint force capability gaps, and encouraging and supporting the rapid transition of technology from the research and development phase into operational use within the Department.
The bill says: by adding at the end the following new paragraphs:
Bill text · Current law (10 U.S.C. 133a)
10 U.S.C. 149(e)(3)(A)(ii)(VI)changedby H.R. 3838 Sec. 904(1)
(VI) Any loan guarantee provided under clause (i) shall specify the percentage of the principal amount guaranteed. If the SecretaryDirector determines that the obligor of a loan guaranteed by the Department of Defense defaults on the loan, the Director shall pay the holder, or such other party, as specified in the loan guarantee agreement.
The bill says: in paragraph (3)(A)(ii)(VI), by striking "Secretary" and inserting "Director";
Bill text · Current law (10 U.S.C. 149)
10 U.S.C. 149(e)rewrittenby H.R. 3838 Sec. 904(2)
The bill says: by amending clause (ii) of paragraph (5)(A) to read as follows:
Bill text · Current law (10 U.S.C. 149)
10 U.S.C. 149(e)renumberedby H.R. 3838 Sec. 904(3)
The bill says: by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and
Bill text · Current law (10 U.S.C. 149)
10 U.S.C. 149(e)added (6)by H.R. 3838 Sec. 904(4)
(6)(A) The Director may charge and collect fees and collect payments to reimburse costs incurred by the Office in connection with an application for, or as a condition of an eligible entity receiving or restructuring, capital assistance under this subsection. The Director may set the fees at a level that the Director considers appropriate. Fees and payments received under this paragraph shall be credited to the Department of Defense Credit Program Account to remain available until expended for costs and expenditures as provided under clauses (ii) through (iv) of paragraph (5)(B).(B)(i) Except as provided in clause (ii), no fees or payments may be received pursuant to the authority provided under subparagraph (A) as of the date specified in paragraph (11).(ii) With respect to loan and loan guarantees for which an obligation was incurred prior to the expiration date in paragraph (11), the Director may continue to charge and collect fees and cost reimbursements in connection with such loan and loan guarantee assets until fully collected.
The bill says: by inserting after paragraph (5) the following new paragraph:
Bill text · Current law (10 U.S.C. 149)
10 U.S.C. 151(a)added (9)by H.R. 3838 Sec. 911(a)
(9) The Commandant of the Coast Guard.
The bill says: Section 151(a) 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. 151)
14 U.S.C. 302changedby H.R. 3838 Sec. 911(e)
The bill says: by striking "The President may" and inserting the following:
Bill text · Current law (14 U.S.C. 302)
14 U.S.C. 302added (b)by H.R. 3838 Sec. 911(e)
(b)(1) The Commandant of the Coast Guard shall also perform the duties prescribed for the Commandant as a member of the Joint Chiefs of Staff under section 151 of title 10.(2) To the extent that such action does not impair the independence of the Commandant in the performance of the Commandant’s duties as a member of the Joint Chiefs of Staff, the Commandant shall inform the Secretary of the department in which the Coast Guard is operating regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting such department.(3) Subject to the authority, direction, and control of the Secretary of Defense, the Commandant shall keep the Secretary of the department in which the Coast Guard is operating fully informed of significant military operations affecting the duties and responsibilities of such Secretary.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (14 U.S.C. 302)
10 U.S.C. 4127renumberedby H.R. 3838 Sec. 913(1)
The bill says: by redesignating subsection (f) as subsection (g); and
Bill text · Current law (10 U.S.C. 4127)
10 U.S.C. 4127added (f)by H.R. 3838 Sec. 913(2)
(f) Regional outreach centers.—(1) In general.— The Director may establish and maintain regional offices of the Unit at locations within and outside the United States for purposes of conducting outreach to and streamlining interactions between the Unit and the private sector, academia, and other mission partners.(2) Selection criteria and other guidance.— In the event the Director exercises the authority to establish and maintain regional offices under paragraph (1), the Director shall—(A) develop a strategy and criteria for the selection of locations for such offices;(B) issue any rules, regulations, policies, or guidance necessary for the operation of such offices; and(C) make the information described in subparagraphs (A) and (B) available on a publicly accessible website of the Department of Defense.
The bill says: by inserting after subsection (e) the following new subsection:
Bill text · Current law (10 U.S.C. 4127)
10 U.S.C. 135(c)(3)(B)changedby H.R. 3838 Sec. 1002
The bill says: Section 135(c)(3)(B) of title 10, United States Code, is amended by inserting ", and defense business systems that affect the auditability of financial statements" after "accounting".
Bill text · Current law (10 U.S.C. 135)
10 U.S.C. 240b(iv)changedby H.R. 3838 Sec. 1003(a)
The bill says: in clause (iv), by striking "and" at the end; and
Bill text · Current law (10 U.S.C. 240b)
10 U.S.C. 240badded (vi)by H.R. 3838 Sec. 1003(a)
(vi) meeting resource requirements, including personnel, training, and information technology infrastructure; and(vii) identifying long-range goals and measurable objectives, including audit cycle timelines, control testing frequency, and independent third-party validation benchmarks.
The bill says: by adding at the end the following new clauses:
Bill text · Current law (10 U.S.C. 240b)
Public Law 116-92removedby H.R. 3838 Sec. 1004(b)
The bill says: Section 1009 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 240b note) is amended by striking subsection (c).
Bill text
10 U.S.C. 240g(b)rewrittenby H.R. 3838 Sec. 1005
The bill says: Section 240g(b) of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 240g)
10 U.S.C. 231(b)renumberedby H.R. 3838 Sec. 1011(1)
The bill says: by redesignating subparagraphs (H) through (J) as subparagraphs (I) through (K), respectively; and
Bill text · Current law (10 U.S.C. 231)
10 U.S.C. 231(b)added (H)by H.R. 3838 Sec. 1011(2)
(H) If 50 percent or more of the vessels in the naval vessel force provided for under the naval vessel construction plan are to be designed by one or more foreign firms (as such term is defined in section 4852(d) of this title)—(i) an identification of each such foreign firm; and(ii) a description of the benefit to the United States Government of including in such force the naval vessels so designed.
The bill says: by inserting after subparagraph (G) the following new subparagraph:
Bill text · Current law (10 U.S.C. 231)
10 U.S.C. 2218(f)(3)(A)changedby H.R. 3838 Sec. 1012(a)
The bill says: in subparagraph (A), by inserting "(other than an excluded vessel)" after "any used vessel";
Bill text · Current law (10 U.S.C. 2218)
10 U.S.C. 2218(f)(3)(B)changedby H.R. 3838 Sec. 1012(a)
The bill says: in subparagraph (B), by inserting "(other than an excluded vessel)" after "a used vessel";
Bill text · Current law (10 U.S.C. 2218)
10 U.S.C. 2218(f)(3)changedby H.R. 3838 Sec. 1012(a)
The bill says: by striking subparagraph (C) and inserting the following new subparagraph (C):
Bill text · Current law (10 U.S.C. 2218)
10 U.S.C. 2218(D)changedby H.R. 3838 Sec. 1012(a)
The bill says: in subsection (D), by striking "subparagraph (A)" and inserting "this paragraph";
Bill text · Current law (10 U.S.C. 2218)
10 U.S.C. 2218(f)(3)removedby H.R. 3838 Sec. 1012(a)
The bill says: by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and
Bill text · Current law (10 U.S.C. 2218)
10 U.S.C. 2218(f)added (4)by H.R. 3838 Sec. 1012(a)
(4) A vessel purchased under this paragraph is a vessel—(A) purchased using funds in the National Defense Sealift Fund(B) constructed in a ship yard located in the United States; and(C) the construction of which is managed by a commercial vessel construction manager.
The bill says: by adding at the end the following new paragraph (4):
Bill text · Current law (10 U.S.C. 2218)
10 U.S.C. 2218(k)added (6)by H.R. 3838 Sec. 1012(a)
(6) The term excluded vessel means a vessel that was—(A) constructed or substantially modified by an entity located in the People’s Republic of China; or(B) constructed by a Chinese military company, as such term is defined in section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note).
The bill says: in subsection (k), by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 2218)
10 U.S.C. 8062(e)(2)changedby H.R. 3838 Sec. 1013(1)
The bill says: in paragraph (2), by striking "and" at the end;
Bill text · Current law (10 U.S.C. 8062)
10 U.S.C. 8062(e)(3)changedby H.R. 3838 Sec. 1013(1)
The bill says: in paragraph (3), by striking the period and inserting "; and"; and
Bill text · Current law (10 U.S.C. 8062)
10 U.S.C. 8062(e)added (4)by H.R. 3838 Sec. 1013(1)
(4) the Navy adjusts scheduled maintenance and repair actions to maintain the minimum number of available amphibious warfare ships to meet operational requirements.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 8062)
10 U.S.C. 8062rewrittenby H.R. 3838 Sec. 1013(2)
(h) Definitions.— In this section:(1) The term amphibious warfare ship means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD).(2) The term available, with respect to an amphibious warfare ship, means that the ship—(A) does not have a temporary critical limiting restriction preventing the conduct of training and operations;(B) is not in a maintenance phase;(C) is not conducting post-delivery test and trials; and(D) is not preparing to decommission.
The bill says: by amending subsection (h) to read as follows:
Bill text · Current law (10 U.S.C. 8062)
10 U.S.C. 8669a(c)(4)changedby H.R. 3838 Sec. 1014
The bill says: Section 8669a(c)(4) of title 10, United States Code, is amended by striking "12 months" and inserting "18 months".
Bill text · Current law (10 U.S.C. 8669a)
10 U.S.C. 8669b(a)(2)rewrittenby H.R. 3838 Sec. 1015(1)
The bill says: in subsection (a)(2), by amending subparagraph (B) to read as follows:
Bill text · Current law (10 U.S.C. 8669b)
10 U.S.C. 8669b(b)changedby H.R. 3838 Sec. 1015(2)
The bill says: by inserting "(1)" before "Each Senior"; and
Bill text · Current law (10 U.S.C. 8669b)
10 U.S.C. 8669b(b)added (2)by H.R. 3838 Sec. 1015(2)
(2) Each Senior Technical Authority shall also be responsible for the determination that all design requirements for a vessel class are directly related to a key performance parameter or key system attribute established in the capability development document for the vessel class. Any requirements that the Senior Technical Authority determines are unnecessary to meet a key performance parameter or key system attribute shall not be approved.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 8669b)
10 U.S.C. 8680(a)changedby H.R. 3838 Sec. 1023(1)
The bill says: by striking "the United States or Guam" each place it appears and inserting "the United States, Guam, or the Commonwealth of the Northern Mariana Islands"; and
Bill text · Current law (10 U.S.C. 8680)
10 U.S.C. 8680(a)changedby H.R. 3838 Sec. 1023(2)
The bill says: in the heading for such subsection, by striking "United States or Guam" and inserting "United States, Guam, or Commonwealth of the Northern Mariana Islands".
Bill text · Current law (10 U.S.C. 8680)
10 U.S.C. 285a new sectionchangedby H.R. 3838 Sec. 1031(b)
The bill says: Subsection (a) is amended by inserting "or to another department or agency of the Federal Government" after "law enforcement agencies" each place it appears.
Bill text
10 U.S.C. 285a new sectionchangedby H.R. 3838 Sec. 1031(b)
The bill says: Subsection (b) is amended by striking "During fiscal years 2006 through 2024, funds" and inserting "Funds".
Bill text
10 U.S.C. 285(d)(2)a new sectionchangedby H.R. 3838 Sec. 1031(b)
The bill says: in subsection (d)(2), by striking "this subparagraph" and inserting "this paragraph"; and
Bill text
10 U.S.C. 285(e)(1)a new sectionchangedby H.R. 3838 Sec. 1031(b)
The bill says: in subsection (e)(1), by striking "title 10, United States Code" and inserting "this title".
Bill text
Public Law 108-136repealedby H.R. 3838 Sec. 1031(c)
The bill says: Section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note) is repealed.
Bill text
Public Law 115-232changedby H.R. 3838 Sec. 1032
The bill says: Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1953) is amended by striking "December 31, 2025" and inserting "December 31, 2026".
Bill text
Public Law 115-232(a)changedby H.R. 3838 Sec. 1033
The bill says: Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1954) is amended by striking "December 31, 2025" and inserting "December 31, 2026".
Bill text
Public Law 115-232changedby H.R. 3838 Sec. 1034
The bill says: Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1954) is amended by striking "December 31, 2025" and inserting "December 31, 2026".
Bill text
Public Law 115-91changedby H.R. 3838 Sec. 1035
The bill says: Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551) is amended by striking "fiscal years 2018 through 2025" and inserting "fiscal years 2018 through 2026".
Bill text
Public Law 112-81(b)changedby H.R. 3838 Sec. 1036
The bill says: Section 1021(b) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 801 note) is amended, in the matter preceding paragraph (1), by inserting ", other than a citizen of the United States," after "any person".
Bill text
10 U.S.C. 408(a)changedby H.R. 3838 Sec. 1041(1)
The bill says: in subsection (a), by inserting "and procure goods and services from" after "assistance to"; and
Bill text · Current law (10 U.S.C. 408)
10 U.S.C. 408(d)(1)changedby H.R. 3838 Sec. 1041(2)
The bill says: in subsection (d)(1), by striking "$5,000,000" and inserting "$15,000,000".
Bill text · Current law (10 U.S.C. 408)
10 U.S.C. 284(a)(1)(A)changedby H.R. 3838 Sec. 1043(1)
The bill says: in paragraph (1)(A), by striking "United States Customs and Border Protection" and inserting "U.S. Customs and Border Protection";
Bill text · Current law (10 U.S.C. 284)
10 U.S.C. 284(a)renumberedby H.R. 3838 Sec. 1043(2)
The bill says: by redesignating paragraph (2) as paragraph (3); and
Bill text · Current law (10 U.S.C. 284)
10 U.S.C. 284(a)added (2)by H.R. 3838 Sec. 1043(3)
(2) Contract authority.— In providing assistance to U.S. Customs and Border Protection under paragraph (1), the Secretary may enter into a contract for the provision of any of the following services:(A) Detection and monitoring.(B) Warehousing and logistical supply chain.(C) Transportation.(D) Vehicle maintenance.(E) Training other than lead or primary instructor.(F) Intelligence analysis.(G) Linguist.(H) Data entry.(I) Aviation.
The bill says: by inserting after paragraph (1) the following new paragraph:
Bill text · Current law (10 U.S.C. 284)
10 U.S.C. 2583(c)(1)changedby H.R. 3838 Sec. 1056(1)
The bill says: in paragraph (1), by striking "A military animal" and inserting, "Except as provided in paragraph (3), a military animal"; and
Bill text · Current law (10 U.S.C. 2583)
10 U.S.C. 2583(c)added (3)by H.R. 3838 Sec. 1056(2)
(3) If the Secretary of the Army determines that an adoption or transfer of a horse used in any ceremonial horse program of the Army is justified under subsection (a), the Secretary shall follow the recommended priority order in paragraph (1) except that the Secretary shall give first priority to making the horse available for transfer to a State, local, municipal, or Tribal law enforcement agency capable of humanely caring for the horse (including by demonstrating the capability to adequately care, house, and train the horse).
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 2583)
Public Law 118-31(d)(1)(N)removedby H.R. 3838 Sec. 1057
The bill says: Section 1052(d)(1)(N) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2661 note) is amended by striking subparagraph (N).
Bill text
Public Law 118-159(a)changedby H.R. 3838 Sec. 1061(1)
The bill says: in subsection (a), by striking "one year after the date of the enactment of this Act" and inserting "December 23, 2025"; and
Bill text
Public Law 118-159(c)(1)changedby H.R. 3838 Sec. 1061(2)
The bill says: in the paragraph headling, by striking "briefing" and inserting "briefings"; and
Bill text
Public Law 118-159(c)(1)changedby H.R. 3838 Sec. 1061(2)
The bill says: by inserting "and not later than six months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026" after "this Act"; and
Bill text
Public Law 118-159(c)(2)changedby H.R. 3838 Sec. 1061(2)
The bill says: in paragraph (2), by striking "one year after the date of the enactment of this Act" and inserting "December 23, 2025".
Bill text
Public Law 115-91(a)(1)changedby H.R. 3838 Sec. 1063(1)
The bill says: in subsection (a)(1), by striking "two-year" and inserting "five-year"; and
Bill text
Public Law 115-91(b)(1)changedby H.R. 3838 Sec. 1063(2)
The bill says: in subsection (b)(1), by striking "one-year" and inserting "three-year".
Bill text
Public Law 117-81changedby H.R. 3838 Sec. 1070G
The bill says: Section 1067 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking "and 2026" and inserting "2026, 2028, and 2030".
Bill text
Public Law 117-263(a)(2)added (C)by H.R. 3838 Sec. 1072
(C) Study on maritime industrial base.— The Commission shall conduct a study on the condition of the United States maritime industrial base, including the capacity of the maritime industrial base to meet national defense requirements and support naval recapitalization. This study shall include—(i) an evaluation of the strength and capacity of United States shipyards, repair facilities, and supporting infrastructure, including the ability of such shipyards, facilities, and infrastructure to meet current and future Navy and sealift demands;(ii) an assessment of the skilled workforce for shipbuilding and maritime operations, including with respect to training and the sustainability of the labor force;(iii) an examination of the effects of domestic tax, regulatory, and permitting policies on maritime industry investment and innovation;(iv) an analysis of the effect of foreign subsidies and competition from State-owned shipbuilding enterprises on the competitiveness of the United States; and(v) recommendations for legislative or administrative actions to—(I) strengthen the United States maritime industrial base;(II) modernize and expand the capacity of shipyards;(III) foster a reliable and skilled maritime labor force; and(IV) ensure sufficient shipbuilding capacity to support great power competition and United States sealift requirements.
The bill says: Section 1092(a)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2807) is amended by adding at the end the following new subparagraph:
Bill text
Public Law 116-283(b)changedby H.R. 3838 Sec. 1074(1)
The bill says: by striking "fiscal year 2021" and inserting "fiscal year 2026"; and
Bill text
Public Law 116-283(b)changedby H.R. 3838 Sec. 1074(2)
The bill says: by striking "$3,000,000" and inserting "$1,000,000".
Bill text
Public Law 117-81(f)(2)added (D)by H.R. 3838 Sec. 1075
(D) Services.—(i) Department of Defense.— The Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the duties of the Commission under this section.(ii) Other agencies.— In addition to any support provided under clause (i), the head of any other Federal department or agency may provide to the Commission such services, funds, facilities, staff, and other support as the head of such department or agency determines advisable and as may be authorized by law.
The bill says: Section 1094(f)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by adding at the end the following new subparagraph:
Bill text
Public Law 117-81added (6)by H.R. 3838 Sec. 1076
(6) Contract authority.— To such extent and in such amounts as are provided in appropriation Acts, the Co-Chairpersons of the Commission may enter into contracts to enable the Commission to discharge its duties under this section.
The bill says: Subsection (f) of the Afghanistan War Commission Act of 2021 (section 1094(f) of Public Law 117–81; 135 Stat. 1941) is amended by adding at the end the following new paragraph:
Bill text
Public Law 118-31changedby H.R. 3838 Sec. 1101(1)
The bill says: in the section heading, by striking "Department of the Navy civilian employees assigned to permanent duty in Guam for performing work, or supporting work being performed, aboard or dockside, of U.S. naval vessels" and inserting "civilian employees of the Department of Defense stationed in Guam";
Bill text
Public Law 118-31(a)changedby H.R. 3838 Sec. 1101(2)
The bill says: in subsection (a), by striking "Secretary of the Navy" and inserting "Secretary of Defense"; and
Bill text
Public Law 118-31changedby H.R. 3838 Sec. 1101(3)
The bill says: by striking subsection (b) and inserting the following:
Bill text
5 U.S.C. 3326changedby H.R. 3838 Sec. 1102(a)
The bill says: in the section heading, by inserting "certain" before "positions"; and
Bill text · Current law (5 U.S.C. 3326)
5 U.S.C. 3326(b)changedby H.R. 3838 Sec. 1102(a)
The bill says: in the matter preceding paragraph (1), by striking "the civil service" and inserting "the competitive service or the excepted service"; and
Bill text · Current law (5 U.S.C. 3326)
5 U.S.C. 3326(b)(1)changedby H.R. 3838 Sec. 1102(a)
The bill says: in paragraph (1), by striking "for the purpose" and all that follows through "Management".
Bill text · Current law (5 U.S.C. 3326)
5 U.S.C. 5348(a)addedby H.R. 3838 Sec. 1103(1)
The bill says: in subsection (a), by adding before the period at the end the following: ", not to exceed the rate of pay for the Vice President under section 104 of title 3"; and
Bill text · Current law (5 U.S.C. 5348)
5 U.S.C. 5348added (c)by H.R. 3838 Sec. 1103(2)
(c) The limitation on pay under section 5307 shall not apply to an employee whose pay is fixed under subsection (a).
The bill says: by adding at the end the following:
Bill text · Current law (5 U.S.C. 5348)
5 U.S.C. 5373added (c)by H.R. 3838 Sec. 1104
(c) Subsection (a) shall not apply to the authority of the Secretary of Defense or the Secretary of a military department to fix the annual rate of basic pay of officers and crews of vessels as is consistent with the public interest and in accordance with the prevailing rates and practices in the commercial maritime industry, except that the annual rate of basic pay of such an employee may not be fixed at a rate greater than the annual rate of the salary of the Vice President under section 104 of title 3.
The bill says: Section 5373 of title 5, United States Code, is amended by adding at the end the following:
Bill text · Current law (5 U.S.C. 5373)
10 U.S.C. 1597(d)changedby H.R. 3838 Sec. 1108(d)
The bill says: in the subsection heading, by inserting "or significant" after "involuntary";
Bill text · Current law (10 U.S.C. 1597)
10 U.S.C. 1597(d)changedby H.R. 3838 Sec. 1108(d)
The bill says: by striking "or furlough of" and inserting "furlough, or significant reduction of over 50"; and
Bill text · Current law (10 U.S.C. 1597)
10 U.S.C. 1597(d)addedby H.R. 3838 Sec. 1108(d)
The bill says: by adding after the period at the end the following: "The Secretary shall notify the congressional defense committees and each Member of Congress representing the area in which reductions are ordered. Such notification shall include billet, activity name, number of employees at the location, number of employees involuntarily separated by billet, reason for the personnel action, actions to mitigate reductions, and savings and costs.".
Bill text · Current law (10 U.S.C. 1597)
10 U.S.C. 1580(c)changedby H.R. 3838 Sec. 1114
The bill says: Section 1125(c) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114–328) is amended by inserting "and includes supporting units of a facility at an installation or base" after "United States".
Bill text · Current law (10 U.S.C. 1580)
10 U.S.C. 1599dadded 1599eby H.R. 3838 Sec. 1115
1599e. Payment of retention bonuses to DOD civilian employees in Guam..— Notwithstanding subsection (f) of section 5754 of title 5, the Secretary of Defense or Secretary of a military department may waive the limit established under subsection (e)(1) of such section and pay an otherwise eligible employee or category of employees in the territory of Guam retention bonuses of up to 50 percent of basic pay, based on a critical agency need.
The bill says: Chapter 81 of title 10, United States Code, is amended by inserting after section 1599d the following (and conforming the table of contents for such chapter accordingly):
Bill text · Current law (10 U.S.C. 1599d)
5 U.S.C. 3301changedby H.R. 3838 Sec. 1122(a)
The bill says: by striking "The President" and inserting "(a) In general.—The President"; and
Bill text · Current law (5 U.S.C. 3301)
5 U.S.C. 3301added (b)by H.R. 3838 Sec. 1122(a)
(b) DOD procedures.— The President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (5 U.S.C. 3301)
5 U.S.C. 3327added (c)by H.R. 3838 Sec. 1122(b)
(c) The Office of Personnel Management may authorize the Department of Defense to use flexible outreach methods, including curated prospect sourcing, provided that all hiring opportunities remain publicly accessible and merit-based.
The bill says: Section 3327 of title 5, United States Code, is amended by adding at the end the following:
Bill text · Current law (5 U.S.C. 3327)
5 U.S.C. 3361changedby H.R. 3838 Sec. 1122(c)
The bill says: by striking "An individual" and inserting "(a) In general.—An individual"; and
Bill text · Current law (5 U.S.C. 3361)
5 U.S.C. 3361added (b)by H.R. 3838 Sec. 1122(c)
(b) DOD promotions.— Promotions in the competitive service within the Department of Defense may be made based on demonstrated skills and qualifications without regard to minimum time-in-grade requirements, subject to agency policies and applicable merit system principles.
The bill says: by adding at the end the following:
Bill text · Current law (5 U.S.C. 3361)
10 U.S.C. 333(a)added (10)by H.R. 3838 Sec. 1201
(10) Space domain awareness.
The bill says: Section 333(a) 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. 333)
10 U.S.C. 333changedby H.R. 3838 Sec. 1202
The bill says: Subsection (g)(2) of section 333 of title 10, United States Code, is amended by striking "made" after "Amounts".
Bill text · Current law (10 U.S.C. 333)
10 U.S.C. 345changedby H.R. 3838 Sec. 1203(1)
The bill says: In the matter preceding subparagraph (A) of subsection (a)(1), by striking "may" and inserting "shall".
Bill text · Current law (10 U.S.C. 345)
10 U.S.C. 345(c)(4)(B)changedby H.R. 3838 Sec. 1203(2)
The bill says: In subsection (c)(4)(B), by striking "The Director of the Defense Security Cooperation Agency" and inserting "The Commander of United States Special Operations Command, reporting directly to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict,".
Bill text · Current law (10 U.S.C. 345)
Public Law 116-283(g)(2)(B)(i)(I)addedby H.R. 3838 Sec. 1204
The bill says: Section 1260H(g)(2)(B)(i)(I) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) is amended by adding at the end before "; or" the following: “operating inside or outside of China”.
Bill text
10 U.S.C. 341(e)(1)(A)addedby H.R. 3838 Sec. 1207
The bill says: Section 341(e)(1)(A) of title 10, United States Code, is amended by adding at the end before the semicolon the following: ‘‘, including costs incurred with respect to activities beginning in one fiscal year and ending not later than the end of the first fiscal year thereafter”.
Bill text · Current law (10 U.S.C. 341)
Public Law 108-287(d)changedby H.R. 3838 Sec. 1211
The bill says: Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking "January 1, 2027" and inserting "January 1, 2029".
Bill text
22 U.S.C. 8606(f)changedby H.R. 3838 Sec. 1212
The bill says: Section 1279(f) of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 8606 note) is amended by striking "December 31, 2026" and inserting "December 31, 2028".
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606changedby H.R. 3838 Sec. 1213(a)
The bill says: in the section heading, by striking "unmanned aerial systems" and inserting "unmanned systems in all warfighting domains";
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(a)rewrittenby H.R. 3838 Sec. 1213(a)
The bill says: in the subsection heading to read as follows: "united states-israel program on countering unmanned systems.—";
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(a)(1)changedby H.R. 3838 Sec. 1213(a)
The bill says: by striking "to establish capabilities" and inserting "to accelerate development of advanced technologies"; and
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(a)(1)changedby H.R. 3838 Sec. 1213(a)
The bill says: by striking "unmanned aerial systems" and inserting "unmanned systems in all warfighting domains";
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(a)renumberedby H.R. 3838 Sec. 1213(a)
The bill says: by redesignating paragraph (2) as paragraph (3);
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(a)added (2)by H.R. 3838 Sec. 1213(a)
(2) Activities.— The activities required by this subsection may include the following:(A) Collaborative research initiatives involving government, private sector, and academic institutions in the United States and Israel.(B) Joint training exercises and information-sharing mechanisms to maximize the sharing of technical expertise, data, and tactics related to emerging unmanned systems and related threats.(C) Development of joint technical requirements.(D) Collaborative development and evaluation of novel systems with defense industry partners.(E) Coordination with acquisition program offices of the United States and Israel military service departments, components, and commands to expedite deployment of relevant systems and enhance military readiness.
The bill says: by inserting after paragraph (1) the following:
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(a)(3)changedby H.R. 3838 Sec. 1213(a)
The bill says: in paragraph (3) (as so redesignated), by striking "activities described in paragraph (1)" and inserting "activities described in this subsection";
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(b)(3)(B)changedby H.R. 3838 Sec. 1213(a)
The bill says: in paragraph (3)(B), by striking "aerial"; and
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(b)(4)changedby H.R. 3838 Sec. 1213(a)
The bill says: in paragraph (4), by striking "$55,000,000" and inserting "$70,000,000";
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(c)changedby H.R. 3838 Sec. 1213(a)
The bill says: in subsection (c), by striking "an appropriate research and development entity of a military department" and inserting "the Irregular Warfare Technology Support Directorate";
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606renumberedby H.R. 3838 Sec. 1213(a)
The bill says: by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606added (e)by H.R. 3838 Sec. 1213(a)
(e) Annual report.— The Secretary of Defense shall submit to the appropriate committees of Congress on an annual basis a report that shall include for the preceding year a description of activities conducted under the program including—(1) an assessment of progress made by the United States and Israel in addressing unmanned systems threats and requirements;(2) an assessment of the program’s collaboration with other United States Government programs and defense contractors;(3) an update on efforts to transition capabilities to acquisition program managers for fielding by United States or Israeli military services, components, and commands; and(4) recommendations for future program activities and funding.
The bill says: by inserting after subsection (d) the following:
Bill text · Current law (22 U.S.C. 8606)
22 U.S.C. 8606(g)changedby H.R. 3838 Sec. 1213(a)
The bill says: in subsection (g) (as so redesignated), by striking "December 31, 2026" and inserting "December 31, 2028".
Bill text · Current law (22 U.S.C. 8606)
10 U.S.C. 113repealedby H.R. 3838 Sec. 1231
The bill says: Section 1221 of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 113 note) is repealed.
Bill text · Current law (10 U.S.C. 113)
Public Law 110-181changedby H.R. 3838 Sec. 1232(a)
The bill says: Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended in the matter preceding paragraph (1) by striking "beginning on October 1, 2024, and ending on December 31, 2025" and inserting "beginning on October 1, 2025, and ending on December 31, 2026,".
Bill text
Public Law 113-291(a)changedby H.R. 3838 Sec. 1233(1)
The bill says: in subsection (a), by striking "December 31, 2025" and inserting "December 31, 2026";
Bill text
Public Law 113-291(e)(1)changedby H.R. 3838 Sec. 1233(2)
The bill says: in the matter preceding subparagraph (A), by striking "elements of the Syrian opposition and other"; and
Bill text
Public Law 113-291(e)(1)(A)changedby H.R. 3838 Sec. 1233(2)
The bill says: in subparagraph (A), by striking "Shia militias aligned with or supporting the Government of Syria" and inserting "Shia militias previously aligned with or supporting the Assad government"; and
Bill text
Public Law 113-291(l)(3)(E)changedby H.R. 3838 Sec. 1233(3)
The bill says: in subsection (l)(3)(E)), by striking "December 31, 2025" and inserting "the date specified in the matter preceding paragraph (1) of subsection (a)".
Bill text
Public Law 113-291(a)changedby H.R. 3838 Sec. 1234(1)
The bill says: in subsection (a), by striking "December 31, 2025" and inserting "December 31, 2026";
Bill text
Public Law 113-291removedby H.R. 3838 Sec. 1234(2)
The bill says: by striking subsection (g);
Bill text
Public Law 113-291renumberedby H.R. 3838 Sec. 1234(3)
The bill says: by redesignating subsections (h) through (o) as subsections (g) through (n), respectively;
Bill text
Public Law 113-291(1)(C)(i)changedby H.R. 3838 Sec. 1234(4)
The bill says: in paragraph (1)(C)(i) of subsection (i) (as so redesignated), by striking "subsection (l)(2)" and inserting "subsection (k)(2)";
Bill text
Public Law 113-291(2)(B)(ii)changedby H.R. 3838 Sec. 1234(5)
The bill says: in subparagraph (B)(ii), by striking "subsection (j)(1)(C)" and inserting "subsection (i)(1)(C)"; and
Bill text
Public Law 113-291(2)(C)changedby H.R. 3838 Sec. 1234(5)
The bill says: in subparagraph (C), by striking "subsection (k)" and inserting "subsection (j)"; and
Bill text
Public Law 113-291(6)changedby H.R. 3838 Sec. 1234(6)
The bill says: in paragraph (6) of subsection (n) (as so redesignated), by striking "December 31, 2025" and inserting "December 31, 2026".
Bill text
Public Law 114-92(B)changedby H.R. 3838 Sec. 1235(a)
The bill says: in subparagraph (B), by striking "with Syria" and inserting "with any other country"; and
Bill text
Public Law 114-92(C)changedby H.R. 3838 Sec. 1235(a)
The bill says: in subparagraph (C), by striking "with Libya" and inserting "with any other country".
Bill text
10 U.S.C. 113(b)(1)renumberedby H.R. 3838 Sec. 1238(a)
The bill says: by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (D), (E), (F) and (G), respectively;
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(1)added (B)by H.R. 3838 Sec. 1238(a)
(B) the evolving use of terrorism in Iran’s security strategy, be it direct or indirect via proxy;(C) evolving thresholds for the use of direct and attributable force by Iran;
The bill says: by adding after subparagraph (A) the following subparagraphs:
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(1)(F)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (F), by striking "and" at the end;
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(1)(G)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (G), by striking the period at the end and inserting "; and"; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(1)added (H)by H.R. 3838 Sec. 1238(a)
(H) how Iran believes an integrated American, Arab, and Israeli regional security architecture focused on intelligence sharing, air and missile defense, and maritime security would create challenges for Iranian grand strategy, security strategy, and military strategy.
The bill says: by adding after subparagraph (G) the following subparagraph:
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(2)renumberedby H.R. 3838 Sec. 1238(a)
The bill says: by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(2)(D)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (D), by striking "; and" at the end; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(2)added (C)by H.R. 3838 Sec. 1238(a)
(C) a summary of Iran’s procurement of advanced conventional capabilities from Russia and the impact of these procurements on Iran’s military capabilities, Israel’s Qualitative Military Edge, and Iran’s conventional forces as assessed under subparagraph (B);
The bill says: by adding after subparagraph (B) the following subparagraph:
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(3)(C)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (C), by inserting "any Iraqi Shia-militia operating under the auspices of the "Islamic Resistance,"" after "the Badr Organization,";
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(3)(E)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (E), by striking the semicolon at the end and inserting ", including United States forces in Iraq, Syria, Jordan, and the Red Sea;"
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(3)(I)(ii)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (I)(ii), by striking "and activities; and" and inserting ", assets, and critical infrastructure; and";
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(3)(J)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (J), by striking "ability to manipulate the information environment both domestically and against the interests of the United States and its allies; and" and inserting "information warfare efforts designed to oppress the Iranian people and undermine the United States, its allies, and its interests;"
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(3)(K)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (K), by striking the period at the end and inserting "; and"; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(3)added (L)by H.R. 3838 Sec. 1238(a)
(L) an assessment of the military power of Iranian proxies and partners, including Hezbollah, Hamas, Palestine Islamic Jihad, Ansar Allah, and Iraqi and Syrian proxies.
The bill says: by adding at the end the following subparagraph:
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(4)(A)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (A), by striking "nuclear weapons capabilities and developments" and inserting "nuclear weapons-related advances, including growth of atomic infrastructure, fissile material inventories and purity, and weaponization-related activities";
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(4)renumberedby H.R. 3838 Sec. 1238(a)
The bill says: by redesignating subparagraphs (G) as subparagraph (I);
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(4)(F)changedby H.R. 3838 Sec. 1238(a)
The bill says: in subparagraph (F), by striking "to the Middle East and Europe; and" and inserting "globally;"; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(4)added (G)by H.R. 3838 Sec. 1238(a)
(G) a detailed analysis of the domestic and foreign supply chains supporting Iran’s drone program;(H) a detailed assessment of the domestic production capacity by Iran’s proxies in the Middle East of long-range strike capabilities, to include mortars, IRAMs, rockets, drones, cruise missiles, and ballistic missiles; and
The bill says: by adding after subparagraph (F) the following subparagraphs:
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(5)changedby H.R. 3838 Sec. 1238(a)
The bill says: in paragraph (5), by striking "nuclear development, ballistic missiles, and chemical, biological, and advanced conventional weapons, weapon systems, and delivery vehicles" and inserting "nuclear weapons, missiles and drones, and chemical, biological, and advanced conventional weapons and their delivery vehicles"; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(8)changedby H.R. 3838 Sec. 1238(a)
The bill says: by striking "or any foreign terrorist organization." and inserting "the Badr Organization, any other foreign terrorist organization, or any special designated global terrorist.";
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(8)changedby H.R. 3838 Sec. 1238(a)
The bill says: by striking "the Bashar al-Assad regime," and inserting "the Russian Federation, elements of the former Bashar al-Assad regime,"; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(8)changedby H.R. 3838 Sec. 1238(a)
The bill says: by inserting "Ansarallah," after "Hamas,".
Bill text · Current law (10 U.S.C. 113)
Public Law 116-283(b)rewrittenby H.R. 3838 Sec. 1241(1)
(b) Matters to be included.— The report required under subsection (a) shall include the following:(1) The goals, factors, and trends shaping Russia’s security strategy and military strategy, including military spending and investment priorities.(2) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the Russian Armed Forces.(3) An assessment of the force structure, readiness, and capabilities of the Russian Armed Forces.(4) An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in the Arctic and the North Atlantic region.(5) An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces as they relate to the North Atlantic Treaty Organization (NATO), including the force posture of Russian Armed Forces deployed adjacent to NATO’s borders, including in Kaliningrad.(6) An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces deployed in Ukraine or adjacent to Ukraine’s borders.(7) An assessment of the military strategy, objectives, and force posture of the Russian Armed Forces in the Baltic and Black Seas.(8) An assessment of the reconstitution efforts of the Russian Armed Forces, including its ability to restore losses from the war in Ukraine and to expand its force beyond 2022 levels.(9) An assessment of the impact of United States and international sanctions on the Russian military’s reconstitution efforts, including an assessment of the impact of removing sanctions on the Russian military’s reconstitution efforts.(10) An assessment of what the Russian Armed Forces has learned from the war in Ukraine and how it has applied those lessons.(11) An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Latin America and the Caribbean.(12) An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Indo-Pacific, with a specific emphasis on how such strategy, objectives, and force posture affect the People’s Republic of China.(13) An assessment of the military strategy, objectives, and force posture of Russia that affect countries in the Middle East.(14) An assessment of the military strategy, objectives, and force posture of Russia that affect countries in Africa.(15) An assessment of human rights violations committeed by Russian private military corporations in African countries, including human rights violations committed against Christians and other religious groups, during the preceding 10-year period (with respect to the first report submitted after the date of the enactment of this subsection) or since the most recent prior report submitted under this subsection (with respect to each subsequent report).(16) An assessment of the extent to which the Russian military and Russian private military corporations are collaborating with the People’s Republic of China to secure mining assets linked to the People’s Republic of China in Africa, including any entity, engaged in prospecting, mining, refining, or smelting materials extracted from the earth, that—(A) is majority owned by the PRC;(B) is legally registered or internationally headquartered in the PRC;(C) is directly operating on behalf of the PRC;(D) is directly or indirectly controlled or directed by the PRC;(E) is formed from a spin-off, merger or acquisition, or sale of a business unit involving an entity described in any of subparagraphs (A) through (D) or is otherwise a successor to such an entity; or(F) provides financial services for an entity described in any of subparagraphs (A) through (E).(17) A description of Russia’s overseas military basing, military logistics capabilities, and infrastructure to project power.(18) A summary of all significant Russian cooperation with foreign forces, including major training and exercises, foreign deployments, and basing agreements—specifying for each Russian foreign deployment the number of force deployed, the types of capabilities deployed, the length of the deployment, and any agreement enabling or governing the deployment.(19) An assessment of relations between the Russian Federation and Iran, the People’s Republic of China, and North Korea, with respect to security and military matters.(20) An assessment of the proliferation activities of Russia and Russian entities, including activities relating to the supply of materials, technologies, or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems to other states or non-state actors.(21) An assessment of Russia’s nuclear program and capabilities, including(A) its nuclear strategy and associated doctrines;(B) the size and state of its stockpile and projections of its future arsenals;(C) its civil and military production capacities; and(D) the modernization and force structure of its strategic forces.(22) A description of Russia’s current missile defense strategy and capabilities, including efforts to develop missile defense capabilities.(23) A description of Russia’s anti-access and area denial capabilities.(24) A description of Russia’s command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons.(25) An assessment of Russia’s space and counterspace programs and capabilities.(26) An assessment of Russia’s cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from Russia against Department of Defense infrastructure).(27) An assessment of any influence operations or campaigns by the Russian Federation targeting the United States, any military alliances and partnerships of which the United States is a member, or treaty alli
The bill says: in subsection (b) to read as follows:
Bill text
Public Law 116-283(g)changedby H.R. 3838 Sec. 1241(2)
The bill says: in subsection (g), by striking "January 31, 2026" and inserting "January 31, 2030".
Bill text
10 U.S.C. 113(b)(3)(C)changedby H.R. 3838 Sec. 1243(a)
The bill says: in paragraph (3)(C), by striking the period at the end and inserting ", including nuclear and drone development cooperation.";
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(7)(A)changedby H.R. 3838 Sec. 1243(a)
The bill says: in paragraph (7)(A), by inserting ", including foreign farmland acquisitions," after "Chinese overseas investments or projects";
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(8)(A)changedby H.R. 3838 Sec. 1243(a)
The bill says: by striking "infrastructure) and" and inserting "infrastructure),"; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(8)(A)changedby H.R. 3838 Sec. 1243(a)
The bill says: by striking the period at the end and inserting ", and the likely role of Chinese cyber capabilities in a conflict with the United States.";
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(9)(B)changedby H.R. 3838 Sec. 1243(a)
The bill says: in paragraph (9)(B), by striking "and other advanced technologies" and inserting "biotechnology, and other advanced and emerging technologies"; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(10)(A)changedby H.R. 3838 Sec. 1243(a)
The bill says: in subparagraph (A), by striking "and" at the end;
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(10)renumberedby H.R. 3838 Sec. 1243(a)
The bill says: by redesignating subparagraph (B) as subparagraph (C);
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(b)(10)added (B)by H.R. 3838 Sec. 1243(a)
(B) the likely strategic intent of the People’s Liberation Army in a conflict over Taiwan, and how the People’s Republic of China will conduct a cyber enabled economic warfare campaign, a cross straight invasion campaign, or a blockade campaign; and
The bill says: by inserting after subparagraph (A) the following:
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 2350j(b)changedby H.R. 3838 Sec. 1301(b)
The bill says: in subsection (b), by inserting "another country or" before "a regional organization";
Bill text · Current law (10 U.S.C. 2350j)
10 U.S.C. 2350j(c)addedby H.R. 3838 Sec. 1301(b)
The bill says: in the matter preceding paragraph (1), by inserting before the colon at the end the following: ", to be allocated as the country or regional organization making the contribution may specify";
Bill text · Current law (10 U.S.C. 2350j)
10 U.S.C. 2350j(c)(1)addedby H.R. 3838 Sec. 1301(b)
The bill says: in paragraph (1), by adding at the end before the period the following: "in the host nation or another country";
Bill text · Current law (10 U.S.C. 2350j)
10 U.S.C. 2350j(c)(2)addedby H.R. 3838 Sec. 1301(b)
The bill says: in paragraph (2), by adding at the end before the period the following: "in the host nation or another country";
Bill text · Current law (10 U.S.C. 2350j)
10 U.S.C. 2350j(c)(3)addedby H.R. 3838 Sec. 1301(b)
The bill says: in paragraph (3), by adding at the end before the period the following: "in the host nation or another country"; and
Bill text · Current law (10 U.S.C. 2350j)
10 U.S.C. 2350j(c)added (4)by H.R. 3838 Sec. 1301(b)
(4) Sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country.
The bill says: by adding at the end the following:
Bill text · Current law (10 U.S.C. 2350j)
10 U.S.C. 2350jrenumberedby H.R. 3838 Sec. 1301(b)
The bill says: by redesignating subsection (f) as subsection (g);
Bill text · Current law (10 U.S.C. 2350j)
10 U.S.C. 2350jadded (f)by H.R. 3838 Sec. 1301(b)
(f) Limitation on availability of contributions for costs of military construction projects.— The authority to provide for the payment of military construction projects of the Department of Defense under subsection (c)(2) may be exercised only with respect to contributions accepted under subsection (a) on or after the date of the enactment of this subsection.
The bill says: by inserting after subsection (e) the following:
Bill text · Current law (10 U.S.C. 2350j)
10 U.S.C. 2350j(2)rewrittenby H.R. 3838 Sec. 1301(b)
(E) The amount of such burden sharing contributions expended, by eligible category, including compensation for—(i) local national employees;(ii) military construction projects;(iii) supplies and services of the Department of Defense; and(iv) sustainment of United States armed forces in a deployed, rotational, or permanent change of station status in a NATO country.
The bill says: in paragraph (2) of subsection (g) (as so amended), by amending subparagraph (E) to read as follows:
Bill text · Current law (10 U.S.C. 2350j)
Public Law 114-92(c)added (7)by H.R. 3838 Sec. 1302(a)
(7) Presidential determination.— None of the amounts authorized to be appropriated by subsection (f) for a fiscal year may be obligated or expended for that fiscal year until the date on which the President submits 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 written determination that doing so is in the national interest of the United States.
The bill says: in subsection (c), by adding at the end the following:
Bill text
Public Law 114-92(f)added (11)by H.R. 3838 Sec. 1302(a)
(11) For fiscal year 2026, $300,000,000.(12) For fiscal year 2027, $300,000,000.
The bill says: in subsection (f), by adding at the end the following:
Bill text
Public Law 114-92(h)changedby H.R. 3838 Sec. 1302(a)
The bill says: in subsection (h), by striking "December 31, 2026" and inserting "December 31, 2028".
Bill text
Public Law 118-31(a)(1)changedby H.R. 3838 Sec. 1303(1)
The bill says: in paragraph (1), by striking "and" at the end;
Bill text
Public Law 118-31(a)renumberedby H.R. 3838 Sec. 1303(1)
The bill says: by redesignating paragraph (2) as paragraph (3); and
Bill text
Public Law 118-31(a)added (2)by H.R. 3838 Sec. 1303(1)
(2) all allied contributions to Jumpstart Foreign Military Sales cases or any similar initiatives; and
The bill says: by inserting after paragraph (1) the following:
Bill text
Public Law 118-31(c)changedby H.R. 3838 Sec. 1303(2)
The bill says: in subsection (c), by striking “January 1, 2025” and inserting “January 1, 2027”.
Bill text
10 U.S.C. 113(c)changedby H.R. 3838 Sec. 1311(a)
The bill says: by striking "the National Defense Authorization Act for Fiscal Year 2025" and inserting "the National Defense Authorization Act for Fiscal Year 2026"; and
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 113(c)changedby H.R. 3838 Sec. 1311(a)
The bill says: by striking "fiscal year 2025" and inserting "fiscal year 2026".
Bill text · Current law (10 U.S.C. 113)
Public Law 116-283(b)changedby H.R. 3838 Sec. 1312
The bill says: Section 1253(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3955) is amended by striking "fiscal year 2025" and inserting "fiscal year 2026".
Bill text
Public Law 118-159changedby H.R. 3838 Sec. 1313(1)
The bill says: by striking "Of the amounts" and inserting the following:
Bill text
Public Law 118-159added (2)by H.R. 3838 Sec. 1313(2)
(2) Of the amounts authorized to be appropriated for fiscal year 2026 for the Department of Defense, not more than $1,000,000,000 may be made available for the purposes of subsection (a).
The bill says: by adding at the end the following:
Bill text
Public Law 118-159(c)changedby H.R. 3838 Sec. 1314
The bill says: Section 1314(c) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 10 U.S.C. 311 note) is amended by striking "December 31, 2027" and inserting "December 31, 2030".
Bill text
Public Law 117-81(a)changedby H.R. 3838 Sec. 1320(1)
The bill says: by striking "fiscal year 2027, the Secretary of State and the Secretary of Defense, in coordination with the Director of National Intelligence and the heads of other relevant Federal departments and agencies, shall jointly" and inserting "fiscal year 2031, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall";
Bill text
Public Law 117-81(a)(2)changedby H.R. 3838 Sec. 1320(1)
The bill says: in paragraph (2), by striking "ability of Taiwan" and inserting "readiness of the Taiwan military";
Bill text
Public Law 117-81(a)renumberedby H.R. 3838 Sec. 1320(1)
The bill says: by redesignating paragraph (16) as paragraph (19); and
Bill text
Public Law 117-81(a)added (16)by H.R. 3838 Sec. 1320(1)
(16) An assessment regarding how Japan, the Republic of Korea, the Philippines, Vietnam, and Australia would likely respond to contingencies, including—(A) a military strike or invasion of Taiwan or an offshore island of Taiwan, including Kinmen, Matsu, Wuciou, Taiping Island, and Penghu;(B) a commercial blockade of Taiwan in which international vessels are subjected to search or seizure by the People’s Liberation Army;(C) a major cyberattack against the critical infrastructure of Taiwan; and(D) a seizure of one or more of Taiwan’s offshore islands or territorial claims.(17) Guidance for representatives from the military of Taiwan to attend, as observers and as appropriate, joint military exercises led by the United States, such as the biennial Rim of the Pacific exercise.(18) An assessment of the feasibility of using economic tools, including export controls, sanctions, and tariffs, to deter China from carrying out the actions described in subparagraphs (A) through (D) of paragraph (16).
The bill says: by adding after paragraph (15) the following:
Bill text
Public Law 117-81(b)(2)changedby H.R. 3838 Sec. 1320(2)
The bill says: in paragraph (2), by striking "; and" and inserting a semicolon;
Bill text
Public Law 117-81(b)(3)changedby H.R. 3838 Sec. 1320(2)
The bill says: in paragraph (3), by striking the period at the end and inserting "; and"; and
Bill text
Public Law 117-81(b)added (4)by H.R. 3838 Sec. 1320(2)
(4) an assessment of how the United States Armed Forces could marshal resources to respond to the actions described in subparagraphs (A) through (D) of subsection (a)(16), based on the force posture and stockpiles of the Armed Forces.
The bill says: by adding at the end the following:
Bill text
Public Law 111-84(e)changedby H.R. 3838 Sec. 1411(a)
The bill says: Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most recently amended by section 1421(a) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159; 138 Stat. 2129), is amended by striking "September 30, 2026" and inserting "September 30, 2027".
Bill text
50 U.S.C. 98h-5(f)(2)rewrittenby H.R. 3838 Sec. 1412(a)
(A) a list of the materials described in such paragraph and, for each such material—(i) a description of the material;(ii) the priority of the material; and(iii) the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall of such material in the stockpile;
The bill says: by amending subparagraph (A) to read as follows:
Bill text · Current law (50 U.S.C. 98h-5)
50 U.S.C. 98h-5(f)(2)(B)changedby H.R. 3838 Sec. 1412(a)
The bill says: in subparagraph (B), by striking "and" at the end;
Bill text · Current law (50 U.S.C. 98h-5)
50 U.S.C. 98h-5(f)(2)(C)changedby H.R. 3838 Sec. 1412(a)
The bill says: in subparagraph (C), by striking the period at the end and inserting a semicolon; and
Bill text · Current law (50 U.S.C. 98h-5)
50 U.S.C. 98h-5(f)(2)added (D)by H.R. 3838 Sec. 1412(a)
(D) verification that the National Defense Stockpile Manager manages and evaluates the stockpile using the most complete and accurate data provided by the military departments (as defined under section 101(a) of title 10, United States Code);(E) the amounts appropriated by Congress to the stockpile for both the current fiscal year and the previous fiscal year;(F) a description of any progress or mitigation plans based on recommendations to address such shortfall that were made in reports submitted under subsection (a) prior to such briefing;(G) a description of the risks resulting from the inability of the armed services to provide comprehensive data for all strategic and critical materials;(H) the cost to remedy all such shortfalls; and(I) the cost to remedy such shortfalls for such materials that are a priority.
The bill says: by adding at the end the following new subparagraphs:
Bill text · Current law (50 U.S.C. 98h-5)
Public Law 118-159(b)(2)(C)changedby H.R. 3838 Sec. 1501(1)
The bill says: in subparagraph (C), by striking "and" at the end;
Bill text
Public Law 118-159(b)(2)(D)changedby H.R. 3838 Sec. 1501(1)
The bill says: in subparagraph (D), by striking the period at the end and inserting a semicolon; and
Bill text
Public Law 118-159(b)(2)added (E)by H.R. 3838 Sec. 1501(1)
(E) defines Department of Defense-wide, mandatory timelines for activities performed by authorizing officials with respect to an Authorization to Operate for cloud-hosted platforms, services, and applications; and(F) establishes processes and policies, developed in coordination with the Chief Information Officers of the military departments, for the boards established in subsections (c) and (d).
The bill says: by adding at the end the following new subparagraphs:
Bill text
Public Law 118-159renumberedby H.R. 3838 Sec. 1501(2)
The bill says: by redesignating subsections (c) and (d) as subsections (e) and (g), respectively;
Bill text
Public Law 118-159added (c)by H.R. 3838 Sec. 1501(3)
(c) Establishment of Authority-to-Operate Expedited Appeals Board for the Department of Defense.—(1) In general.— Not later than 180 days after enactment of this Act, the Secretary of Defense shall establish a board, to be known as the "Authority-to-Operate Expedited Appeals Board".(2) Responsibilities.—(A) In general.— The board established under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request.(B) Submission.— A relevant stakeholder in the Authorization to Operate submission process seeking a decision from the board established under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if—(i) a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board; and(ii) as of the date of such submission, such authorizing official has not made a final decision with respect to such Authorization to Operate.(C) Authorizing official authority.— Upon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate.(3) Submission for consideration.— The Secretary of Defense shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established under paragraph (1) a request for a decision under paragraph (2).(4) Board requirements.—(A) Membership.— The board established under paragraph (1) shall be composed of the following members:(i) The Chief Information Officer of the Department of Defense.(ii) The Commander of the United States Cyber Command.(iii) The Director of the Defense Information Systems Agency.(iv) Any other official determined appropriate by the chair of such board.(B) Chair.— The chair of the board established under paragraph (1) shall be the Chief Information Officer of the Department of Defense.(C) Frequency.— The board established under paragraph (1) shall meet not less than frequently than quarterly.(5) Existing forum.—(A) In general.— The Secretary of Defense may designate a body in the Department of Defense to carry the responsibilities described in paragraph (2) if—(i) the body so designated is in existence as of the date of the enactment of this subsection: and(ii) the responsibilities of such body relate to managing risks for information technologies.(B) Effects.— If the Secretary of Defense designates a body under subparagraph (A)—(i) paragraph (1) shall not apply with respect to the Secretary; and(ii) such body shall be deemed to be a board established in such military department under paragraph (1) for the purposes of paragraphs (2) and (3).(C) Dissolution.— If the body designated by the Secretary of Defense under this paragraph ceases to exist or becomes permanently unable to carry out the responsibilities described in paragraph (2), the Secretary may designate another body in the Department of Defense to carry out such responsibilities or establish a board in accordance with paragraph (1), except that the Secretary shall establish such board not later than 180 days after the date on which the body designated by the Secretary under this paragraph ceases to exist or becomes permanently unable to carry out such responsibilities.(d) Establishment of Authority-to-Operate Expedited Appeals Board for the military departments.—(1) In general.— Not later than 180 days after enactment of this Act, each Secretary of a military department shall establish in such military department a board.(2) Responsibilities.—(A) In general.— Each board established in a military department under paragraph (1) shall decide whether to grant each Authorization to Operate for which a relevant stakeholder in the Authorization to Operate submission process submits a request in accordance with subparagraph (B) not later than 90 days after the date on which such relevant stakeholder submits such request.(B) Submission.— A relevant stakeholder in the Authorization to Operate submission process seeking a decision from a board established in a military department under paragraph (1) with respect to an Authorization to Operate may submit a request for such decision to such board if—(i) a request for such Authorization to Operate was appropriately submitted to the authorizing official for such Authorization to Operate not less than 180 days prior to the submission to the board;(ii) the Authorization to Operate is for an information system of such military department; and(iii) as of the date of such submission, the authorizing official for such Authorization to Operate has not made a final decision with respect such Authorization to Operate.(C) Authorizing official authority.— Upon the submission of a request for an Authorization to Operate in accordance with subparagraph (B), the authorizing official for an Authorization to Operate shall cease to have authority to grant or deny such Authorization to Operate.(3) Submission capability.— The Secretary concerned for a military department shall ensure that each relevant stakeholder in the Authorization to Operate submission process may submit to the board established in such military department under paragraph (1) a request for a decision under paragraph (2).(4) Board requirements.—(A) Membership.— A board established in a military department under paragraph (1) shall be composed of the following members:(i) The Chief Information Officer of such military department.(ii) The service acquisition executive of such military department.(iii) The commanders of the relevant
The bill says: by inserting after subsection (b) the following new subsections:
Bill text
Public Law 118-159added (f)by H.R. 3838 Sec. 1501(4)
(f) Biannual report.—(1) In general.— Not later than six months after the date of the enactment of this subsection, and every six months thereafter under October 1, 2031, the Secretary of Defense shall submit to the congressional defense committees a report on activities under this section in the six-month period ending on the date of the submission of such report.(2) Contents.— Each report required under paragraph (1) shall include, for the period covered by such report—(A) the number of new Authorizations to Operate;(B) the number of Authorizations to Operate evaluated;(C) the number of requests for Authorizations to Operate that were denied;(D) the number of requests for Authorizations to Operate submitted to the board established under subsection (c);(E) the number of requests for Authorizations to Operate resolved by the board established under subsection (c);(F) the number of requests for Authorizations to Operate submitted to a board established under subsection (d);(G) the number of requests for Authorizations to Operate resolved by a board established under subsection (d);(H) the average length of time required for a capability to receive an Authorization to Operate in accordance with the organization’s implementation of the risk management framework publish by the National Institution of Standards and Technology in NIST Special Publication 800-37, or any amendatory or superseding document thereto;(I) the number of Authorizations to Operate issued pursuant to the policy required by subsection (b);(J) the number of requested reciprocal Authorizations to Operate denied due to insufficiency of supporting evidence; and(K) a narrative summary identifying deficiencies in Bodies of Evidence packages that prevented an authorizing official from adopting the security analysis and artifacts, as appropriate, of a cloud-hosted platform, service, or application that has already been authorized by another authorizing official in the Department of Defense in accordance with the policy required by subsection (b).
The bill says: by inserting after subsection (e), as so redesignated, the following new subsection:
Bill text
Public Law 118-31(a)changedby H.R. 3838 Sec. 1541(1)
does not—(1) rate or rank news or information sources for the factual accuracy of their content;(2) provide ratings or opinions on news or in formation sources regarding misinformation, bias, adherence to journalistic standards, or ethics; or(3) acquire or use any service that provides any ratings, rankings, or opinions described in paragraph (1) or (2) from any other person.
The bill says: in subsection (a), by striking "does not" and all that follows through the end and inserting the following:
Bill text
Public Law 118-31removedby H.R. 3838 Sec. 1541(2)
The bill says: by striking subsection (c).
Bill text
10 U.S.C. 20233changedby H.R. 3838 Sec. 1601(e)
The bill says: in the heading, by striking "designation as joint qualified officer required" and inserting "requirements";
Bill text · Current law (10 U.S.C. 20233)
10 U.S.C. 20233(a)changedby H.R. 3838 Sec. 1601(e)
unless the officer has—(1) been
The bill says: by striking "unless the officer has been" and inserting the following:
Bill text · Current law (10 U.S.C. 20233)
10 U.S.C. 20233(a)(1)changedby H.R. 3838 Sec. 1601(e)
The bill says: in paragraph (1), as designated by subparagraph (A) of this paragraph, by striking the period and inserting a semicolon; and
Bill text · Current law (10 U.S.C. 20233)
10 U.S.C. 20233(a)added (2)by H.R. 3838 Sec. 1601(e)
(2) completed a duty assignment with a command or other organization that is primarily responsible for acquisition matters, as determined by the Secretary of the Air Force; and(3) completed a duty assignment with a command or other organization that is primarily responsible for operations, as determined by the Secretary of the Air Force.
The bill says: by adding at the end the following new paragraphs:
Bill text · Current law (10 U.S.C. 20233)
10 U.S.C. 20233(b)changedby H.R. 3838 Sec. 1601(e)
The bill says: in subsection (b) in the matter preceding paragraph (1), by striking "subsection (a)" and inserting "subsection (a)(1)".
Bill text · Current law (10 U.S.C. 20233)
10 U.S.C. 3805(b)changedby H.R. 3838 Sec. 1602(1)
The bill says: in subsection (b), by striking "The head" and inserting "Except as provided by subsection (e), the head";
Bill text · Current law (10 U.S.C. 3805)
10 U.S.C. 3805(c)changedby H.R. 3838 Sec. 1602(2)
The bill says: in subsection (c), by striking "Advance" and inserting "Except as provided by subsection (e), advance"; and
Bill text · Current law (10 U.S.C. 3805)
10 U.S.C. 3805added (e)by H.R. 3838 Sec. 1602(3)
(e) Special rules for commercial satellite communication services.—(1) The head of the agency may satisfy the adequate security requirements of subsection (b) with respect to advance payments for commercial satellite communication services by making a written determination of—(A) the creditworthiness of the provider of such services; and(B) the ability of the provider to remain a going concern during the period of the advanced payment.(2) With respect to advance payments for commercial satellite communication services, subsection (c) shall be administered by substituting "100 percent" for "15 percent".
The bill says: by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 3805)
10 U.S.C. 2276a(c)(1)changedby H.R. 3838 Sec. 1603
The bill says: Section 2276a(c)(1) of title 10, United States Code, is amended by inserting ", including such activities relating to studying and mitigating the noise caused by launches at launch sites of the Space Force" after "vehicle".
Bill text · Current law (10 U.S.C. 2276a)
Public Law 118-31(a)added (4)by H.R. 3838 Sec. 1606
(4) Tranche 4.(5) Tranche 5.(6) Tranche 6.
The bill says: Section 1608(a) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 2271 note) is amended by adding at the end the following new paragraphs:
Bill text
10 U.S.C. 7377(b)(2)changedby H.R. 3838 Sec. 1612
The bill says: Section 7377(b)(2) of title 10, United States Code, is amended by striking "during the four-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2025,".
Bill text · Current law (10 U.S.C. 7377)
10 U.S.C. 2224achangedby H.R. 3838 Sec. 1613(a)
The bill says: Chapter 131 of title 10, United States Code, is amended by inserting after section 2224a a new section 2225 consisting of—
Bill text · Current law (10 U.S.C. 2224a)
Public Law 112-81repealedby H.R. 3838 Sec. 1613(a)
The bill says: Section 922 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2224 note) is repealed.
Bill text
10 U.S.C. 2225(b)changedby H.R. 3838 Sec. 1613(b)
The bill says: in the heading, by striking "Elements" and inserting "Required Elements" ; and
Bill text · Current law (10 U.S.C. 2225)
10 U.S.C. 2225(b)(1)removedby H.R. 3838 Sec. 1613(b)
The bill says: by striking subparagraphs (C), (D), (E), and (F);
Bill text · Current law (10 U.S.C. 2225)
10 U.S.C. 2225(b)(1)renumberedby H.R. 3838 Sec. 1613(b)
The bill says: by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;
Bill text · Current law (10 U.S.C. 2225)
10 U.S.C. 2225(b)(1)added (A)by H.R. 3838 Sec. 1613(b)
(A) user activity monitoring in accordance with the Committee on National Security Systems Directive 504, issued February 4, 2014, or any successor directive;
The bill says: by inserting before subparagraph (B) (as so redesignated) the following new subparagraph:
Bill text · Current law (10 U.S.C. 2225)
10 U.S.C. 2225(b)(1)(C)changedby H.R. 3838 Sec. 1613(b)
The bill says: in subparagraph (C), as redesignated by clause (ii) of this subparagraph, by striking the semicolon and inserting "; and"; and
Bill text · Current law (10 U.S.C. 2225)
10 U.S.C. 2225(b)(1)renumberedby H.R. 3838 Sec. 1613(b)
The bill says: by redesignating subparagraph (G) as subparagraph (D); and
Bill text · Current law (10 U.S.C. 2225)
10 U.S.C. 2225added (c)by H.R. 3838 Sec. 1613(b)
(c) Additional elements.— The Secretary may include additional elements in the program established under subsection (a), including—(1) solutions and capabilities to prevent the unauthorized export of information from a network or to render such information unusable in the event of the unauthorized export of such information;(2) using a roles-based access certification system;(3) cross-domain solutions adhering to the Raise the Bar strategy of the Cross Domain Strategy and Management Office of the National Security Agency or any successor strategy;(4) analytic solutions to detect anomalous user activity and triage user activity monitoring alerts to elevate the highest risk events for immediate review;(5) case management solutions to minimize disclosure risk, orchestrate effective response, and ensure appropriate governance; and(6) full-motion video screen recording and deep context.(d) Applicability.— The program established under subsection (a) shall apply to networks and enclaves used by—(1) civilian personnel of the Department of Defense;(2) privileged users;(3) members of the armed forces; and(4) contractors to the Department of Defense that have access to classified, controlled unclassified, or personally identifiable information in furtherance of work on behalf of the Department.
The bill says: by adding at the end of the following new subsections:
Bill text · Current law (10 U.S.C. 2225)
Public Law 118-31(a)removedby H.R. 3838 Sec. 1622(1)
The bill says: by striking paragraph (2);
Bill text
Public Law 118-31(a)(3)changedby H.R. 3838 Sec. 1622(2)
The bill says: in paragraph (3), by striking "paragraph (3)" and inserting "paragraph (2)"; and
Bill text
Public Law 118-31(a)renumberedby H.R. 3838 Sec. 1622(3)
The bill says: by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
Bill text
10 U.S.C. 5501changedby H.R. 3838 Sec. 1641
It is the policy of the United States—(1) to provide for the common defense of the United States and its citizens by deploying and maintaining a next-generation missile defense shield; and(2) to deter, and defend the citizens and critical infrastructure of the United States against, any foreign aerial attack on the homeland.
The bill says: Section 5501 of title 10, United States Code, is amended by striking the text and inserting the following:
Bill text · Current law (10 U.S.C. 5501)
Public Law 117-263renumberedby H.R. 3838 Sec. 1646(1)
The bill says: by redesignating subsection (c) as subsection (d); and
Bill text
Public Law 117-263added (c)by H.R. 3838 Sec. 1646(2)
(c) Report.—(1) Requirement.— Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report containing an update on progress made toward implementing an integrated air and missile defense architecture described in subsection (a).(2) Matters included.— The report under paragraph (1) shall include the following:(A) An assessment of the threat of ballistic and cruise missiles, manned and unmanned aerial systems, and rocket attacks from Iran and groups linked to Iran to allies and partners within the area of responsibility of the United States Central Command.(B) A description of the missile defense priorities and capability needs of the United States Central Command to defend against the threats described in subparagraph (A), and the planned regional missile defense architectures derived from such priorities and capability needs.(C) An analysis of current integrated air and missile defense systems in the area of responsibility of the United States Central Command to defend against threats described in subparagraph (A) and meet the missile defense priorities described in subparagraph (B).(D) An assessment of progress made towards addressing challenges identified and meeting benchmarks established in the strategy required by subsection (b), including—(i) an identification of elements of the multinational integrated air and missile defense architecture that have been acquired by specified foreign partners since October 7, 2023; and(ii) an identification of elements of the multinational integrated air and missile defense architecture that—(I) can be acquired and operated by specified foreign partners; and(II) can only be provided and operated by members of the Armed Forces.(E) Lessons learned in combat operations against aerial threats since the October 7, 2023, Hamas terrorist attacks against Israel, including—(i) countering the April 13, 2024, and October 1, 2024, ballistic missile and drone attacks by Iran against Israel, including—(I) the adequacy of pre-existing data sharing agreements in facilitating effective joint responses with recommendations for further improvements;(II) the extent to which defensive operations were accomplished with personnel and equipment on regularly planned deployments versus personnel and equipment surged to the region on an ad hoc basis;(III) a comparative analysis of the performances of systems operated by the United States and operated by Israel in intercepting Iranian fires missiles and drones during the attacks;(IV) an estimate of the extent to which a similarly effective defense could be provided to allies and partners in the Middle East if attacked by Iran, and if currently insufficient, what changes to force structure or pre-staged equipment would be required to effectively do so; and(V) the extent to which the strategy under subsection (b) contributed to such defensive operations; and(ii) countering the more than 900 projectiles launched by the Houthis in Yemen against maritime targets in the area of responsibility of the United States Central Command.(F) Such other matters as the Secretary considers relevant.(3) Protection of sensitive information.— Any activity carried out under paragraph (1) shall be conducted in a manner that is consistent with protection of intelligence sources and methods and appropriately protects sensitive information and the national security interests of the United States.(4) Format.— The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
The bill says: by inserting after subsection (b) the following new subsection:
Bill text
17 U.S.C. 105(d)(2)renumberedby H.R. 3838 Sec. 1701(a)
The bill says: by redesignating subparagraphs (L) through (N) as subparagraphs (M) through (O), respectively;
Bill text · Current law (17 U.S.C. 105)
17 U.S.C. 105(d)(2)added (L)by H.R. 3838 Sec. 1701(a)
(L) Uniformed Services University of the Health Sciences.
The bill says: by inserting after subparagraph (K) the following new subparagraph (L):
Bill text · Current law (17 U.S.C. 105)
36 U.S.C. 40728(h)(1)changedby H.R. 3838 Sec. 1704(a)
The bill says: in paragraph (1), by inserting "surplus caliber .45 M45/M45A1 pistols and spare parts and related accessories and ammunition for those pistols, that on the enactment of the National Defense Authorization Act for Fiscal Year 2026, are under the control of the Secretary and are surplus to the requirements of the Department of the Army, " after "surplus to the requirements of the Department of the Army,";
Bill text · Current law (36 U.S.C. 40728)
36 U.S.C. 40728(h)(2)changedby H.R. 3838 Sec. 1704(a)
The bill says: in paragraph (2), by inserting ", and may not transfer more than 10,000 surplus caliber .45 M45/M45A1 pistols," after "may not transfer more than 10,000 surplus caliber .45 M1911/M1911A1 pistols"; and
Bill text · Current law (36 U.S.C. 40728)
36 U.S.C. 40728(h)added (3)by H.R. 3838 Sec. 1704(a)
(3) The Secretary may further transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus shotguns, including any shotguns that are surplus to the requirements of the Center of Military History and the Army Museum Enterprise, except for any shotgun that is a modular ancillary addition to a service rifle.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (36 U.S.C. 40728)
36 U.S.C. 40728(i)(1)changedby H.R. 3838 Sec. 1704(a)
The bill says: in paragraph (1), by striking "National Defense Authorization Act for Fiscal Year 2018" and inserting "National Defense Authorization Act for Fiscal Year 2025"; and
Bill text · Current law (36 U.S.C. 40728)
36 U.S.C. 40728(i)added (3)by H.R. 3838 Sec. 1704(a)
(3) Subject to paragraph (4), the Secretary of the Navy may further transfer to the corporation, in accordance with the procedure prescribed in this subchapter, surplus caliber .45 M45/M45A1 pistols and spare parts and related accessories and ammunition for those pistols, and surplus shotguns (except for any shotgun that is a modular ancillary addition to a service rifle), that on the date of the enactment of this paragraph are under the control of the Secretary and are surplus to the requirements of the Department of the Navy.(4) The Secretary of the Navy may not transfer more than 10,000 surplus caliber .45 M45/M45A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (3) remain available for transfer.
The bill says: by adding at the end the following new paragraphs:
Bill text · Current law (36 U.S.C. 40728)
36 U.S.C. 40728added (j)by H.R. 3838 Sec. 1704(a)
(j) Authorized Air Force transfers.—(1) Subject to paragraph (2), the Secretary of the Air Force may transfer to the corporation, in accordance with the procedures prescribed in this subchapter, surplus caliber .45 M45/M45A1 pistols and spare parts and related accessories and ammunition for those pistols, and surplus shotguns (except for any shotgun that is a modular ancillary addition to a service rifle), that on the date of the enactment of this paragraph are under the control of the Secretary and are surplus to the requirements of the Department of the Air Force.(2) The Secretary of the Air Force may not transfer more than 10,000 surplus caliber .45 M45/M45A1 pistols to the corporation during any year and may only transfer such pistols as long as pistols described in paragraph (1) remain available for transfer.(k) Authorized transfers by other Federal Departments and agencies.—(1) The head of any Federal department or agency may transfer to the corporation, in accordance with the procedure prescribed in this subchapter, the firearms and ammunition specified in paragraph (2) that, on the date of the enactment of this subsection, are under the control of that department or agency and are surplus to the requirements of that department or agency.(2) The firearms and ammunition specified in this paragraph are the following:(A) Any surplus caliber .45 M1911/M1911A1 pistols.(B) Any surplus caliber .45 M45/M45A1 pistol.(C) Any surplus shotgun except for any shotgun that is modular ancillary addition to a service rifle.(D) Any surplus caliber .22 or .30 caliber rifle.(E) Any ammunition associated with a firearm described in subparagraph (A) through (D).
The bill says: by adding at the end the following new subsections:
Bill text · Current law (36 U.S.C. 40728)
36 U.S.C. 40732changedby H.R. 3838 Sec. 1704(b)
The bill says: by striking ", and caliber .45 M1911/M1911A1 surplus pistols," each place it appears and inserting ", caliber .45 M1911/M1911A1 surplus pistols, caliber .45 M45/M45A1 surplus pistols, and surplus shotguns (except for any shotgun that is a modular ancillary addition to a service rifle)"; and
Bill text · Current law (36 U.S.C. 40732)
36 U.S.C. 40732(d)changedby H.R. 3838 Sec. 1704(b)
The bill says: by striking "A person" and inserting "(1) A person"; and
Bill text · Current law (36 U.S.C. 40732)
36 U.S.C. 40732(d)added (2)by H.R. 3838 Sec. 1704(b)
(2) A person who receives a caliber .45 M1911/M1911A1 surplus pistol, a caliber .45 M45/M45A1 surplus pistol, shotgun, or any ammunition, repair parts, or supplies, under section 40728 of this title may sell, at fair market value, such pistol, shotgun, ammunition, repair parts, or supplies.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (36 U.S.C. 40732)
18 U.S.C. 922(o)(2)(A)changedby H.R. 3838 Sec. 1722(a)
The bill says: in subparagraph (A), by striking "or by" and inserting ", by, or under the authority of";
Bill text · Current law (18 U.S.C. 922)
18 U.S.C. 922(o)(2)(A)changedby H.R. 3838 Sec. 1722(a)
The bill says: in subparagraph (A), by striking "or" at the end;
Bill text · Current law (18 U.S.C. 922)
18 U.S.C. 922(o)(2)(B)changedby H.R. 3838 Sec. 1722(a)
The bill says: in subparagraph (B), by striking the period at the end and inserting "; or" ; and
Bill text · Current law (18 U.S.C. 922)
18 U.S.C. 922(o)(2)added (C)by H.R. 3838 Sec. 1722(a)
(C) a transfer to, or possession by, a licensed manufacturer or licensed importer (if, with respect to a transfer, such transfer has been approved by the Attorney General in accordance with law) for purposes of—(i) joint production of a weapon, or integration or incorporation into another article or device;(ii) calibration, testing, or research and development;(iii) permanent or temporary export, or temporary import, otherwise in accordance with law; or(iv) training of Department of Defense personnel and Federal, State, local, or friendly foreign government military and law enforcement personnel.
The bill says: by inserting after subparagraph (B) the following new subparagraph:
Bill text · Current law (18 U.S.C. 922)
Public Law 118-159(a)changedby H.R. 3838 Sec. 1723(1)
The bill says: in subsection (a), in the subsection heading, by striking "to covered list" and inserting "produced by DJI Technologies or Autel Robotics";
Bill text
Public Law 118-159renumberedby H.R. 3838 Sec. 1723(2)
The bill says: by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;
Bill text
Public Law 118-159added (b)by H.R. 3838 Sec. 1723(3)
(b) Evaluation of unmanned aircraft systems communications equipment and services produced by foreign adversary entities.—(1) In general.— Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, an appropriate national security agency shall determine if any of the following communications equipment or services, including software, pose an unacceptable risk to the national security of the United States or the security and safety of United States persons:(A) Unmanned aircraft systems or cameras that are designed, developed, manufactured, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.(B) Unmanned aircraft systems or cameras with integrated software provided by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.(C) Equipment that uses spectrum in the 5030–5091 MHz band, governed by part 88 of title 47, Code of Federal Regulations (or successor regulations), or in the 5150–5850 MHz band, governed by part 15 of title 47, Code of Federal Regulations (or successor regulations), that is designed, developed, manufactured, licensed, or supplied by any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.(2) Addition to the covered list.— If the appropriate national security agency does not make a determination as required by paragraph (1) by the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Commission shall add all equipment and services listed in paragraph (1) to the covered list.
The bill says: by inserting after subsection (a) the following new subsection:
Bill text
Public Law 118-159(c)changedby H.R. 3838 Sec. 1723(4)
The bill says: in subsection (c), as redesignated by paragraph (2), by inserting "or (b)(1)" after "subsection (a)(1)" each place it appears;
Bill text
Public Law 118-159(d)added (6)by H.R. 3838 Sec. 1723(5)
(6) The term unmanned aircraft system has the meaning given that term in section 44801 of title 49, United States Code.(7) The term foreign adversary—(A) means a foreign adversary (as such term is defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))); and(B) includes any person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary.(8) The term person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary has the meaning given such term in section 791.301 of title 15, Code of Federal Regulations, or any such successor regulation.
The bill says: in subsection (d), as so redesignated, by adding at the end the following:
Bill text
Public Law 118-159(e)changedby H.R. 3838 Sec. 1723(6)
The bill says: in subsection (e), as so redesignated, by striking "subsection (b)(1)(A)" and inserting "subsection (c)(1)(A)".
Bill text
38 U.S.C. 106added (g)by H.R. 3838 Sec. 1733
(g)(1)(A) Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to headstones, markers, and other benefits under chapters 23 and 24 of this title, other than such benefits relating to the interment or inurnment of the individual in Arlington National Cemetery solely by reason of such service.(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants.(ii) A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause.(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A).(3) The Secretary of Defense may design and produce a service medal, memorial plaque or gravemarker, or other commendation to honor individuals who receive a discharge under paragraph (1)(B).
The bill says: Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection:
Bill text · Current law (38 U.S.C. 106)
Public Law 102-1repealedby H.R. 3838 Sec. 1733F(1)
The bill says: Authorization for Use of Military Force Against Iraq Resolution (Public Law 102–1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed.
Bill text
Public Law 107-243repealedby H.R. 3838 Sec. 1733F(2)
The bill says: The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.
Bill text
18 U.S.C. 1382changedby H.R. 3838 Sec. 1733G(a)
The bill says: by striking "or installation," both places it appears and inserting "installation, or property,";
Bill text · Current law (18 U.S.C. 1382)
18 U.S.C. 1382changedby H.R. 3838 Sec. 1733G(a)
The bill says: by striking "six months" and inserting "two years"; and
Bill text · Current law (18 U.S.C. 1382)
18 U.S.C. 1382addedby H.R. 3838 Sec. 1733G(a)
The bill says: by adding at the end the following new sentence: "This is a general intent crime.".
Bill text · Current law (18 U.S.C. 1382)
50 U.S.C. 797(a)renumberedby H.R. 3838 Sec. 1733G(b)
The bill says: by redesignating subsection (b) as paragraph (5) (and indenting that paragraph accordingly); and
Bill text · Current law (50 U.S.C. 797)
50 U.S.C. 797(a)changedby H.R. 3838 Sec. 1733G(b)
The bill says: in such paragraph, as so redesignated, by striking "subsection (a)" and inserting "this subsection"; and
Bill text · Current law (50 U.S.C. 797)
50 U.S.C. 797added (b)by H.R. 3838 Sec. 1733G(b)
(b) Felony violation of national defense area security regulations.—(1) Felony.— Whoever violates any national defense area security regulation shall be fined under title 18, United States Code, or imprisoned not more than two years, or both. This is a general intent crime.(2) National defense area security regulation described.— For purposes of paragraph (1), a national defense area security regulation is a property security regulation that, pursuant to lawful authority, has been promulgated or approved by the Secretary of Defense (or by a military commander designated by the Secretary of Defense or by a military officer, or a civilian officer or employee of the Department of Defense, holding a senior Department of Defense director position designated by the Secretary of Defense) for the protection, security, or administration of Department of Defense real property that has been designated by the Secretary of Defense as a national defense area.(3) Property security regulation described.— For purposes of paragraph (2), a property security regulation, with respect to any designated national defense area, is a regulation—(A) relating to unauthorized entry to or trespass on such property;(B) relating to fire hazards, fire protection, lighting, machinery, guard service, disrepair, disuse, or other unsatisfactory conditions on such property;(C) relating to the ingress to, or egress or removal of persons from, such property; or(D) otherwise providing for safeguarding such property against destruction, loss, or injury by accident or by enemy or unauthorized action, sabotage, or other subversive actions.(4) Definitions.— In this subsection:(A) Department of Defense real property.— The term Department of Defense real property means real property subject to the jurisdiction, administration, or in the custody of the Department of Defense, any Department or agency of which that Department consists, or any officer or employee of that Department or agency.(B) Regulation as including order.— The term regulation includes an order.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (50 U.S.C. 797)
10 U.S.C. 3102rewrittenby H.R. 3838 Sec. 1801(a)
3102 Objectives of the defense acquisition system.—(a) In general.— The Secretary of Defense shall ensure that the defense acquisition system exists to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.(b) Guidance.— The Secretary of Defense shall issue guidance to carry out subsection (a) that requires the following:(1) All activities of the defense acquisition system contribute to the expeditious delivery of capabilities to enhance the operational readiness of the armed forces and enable the missions of the Department of Defense.(2) The defense acquisition system maximizes the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability.(3) The defense acquisition system encourages and supports the integration of innovative solutions to enhance military effectiveness and responsiveness to emerging threats.(4) The defense acquisition system encourages an iterative approach to designing and testing technical solutions to enable early identification of solutions that do not deliver desired results.(5) The defense acquisition system supports a leadership and organizational structure that encourages risk-taking, collaboration, and learning through failure.(6) The training and development of members of the acquisition workforce ensures that such members have the skills to effectively manage acquisition activities in accordance with this section.
The bill says: Section 3102 of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 3102)
10 U.S.C. 133b(b)(1)changedby H.R. 3838 Sec. 1801(a)
The bill says: in paragraph (1), by striking "delivering and sustaining timely, cost-effective capabilities for the armed forces (and the Department)" and inserting "expeditiously providing the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable"; and
Bill text · Current law (10 U.S.C. 133b)
10 U.S.C. 133b(b)(9)(A)changedby H.R. 3838 Sec. 1801(a)
The bill says: in paragraph (9)(A), by striking "defense acquisition programs" and inserting "the defense acquisition system, in accordance with the objectives established by section 3102 of this title".
Bill text · Current law (10 U.S.C. 133b)
10 U.S.C. 139(b)renumberedby H.R. 3838 Sec. 1801(a)
The bill says: in subsection (b), by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and
Bill text · Current law (10 U.S.C. 139)
10 U.S.C. 139added (1)by H.R. 3838 Sec. 1801(a)
(1) ensure that all operational test and evaluation activities are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established by section 3102 of this title;
The bill says: by inserting before paragraph (2), as so redesignated, the following new paragraph:
Bill text · Current law (10 U.S.C. 139)
10 U.S.C. 139a(d)changedby H.R. 3838 Sec. 1801(a)
The bill says: Section 139a(d) of title 10, United States Code, is amended by inserting "shall carry out the requirements of this section in accordance with the objectives established by section 3102 of this title and" before "shall serve".
Bill text · Current law (10 U.S.C. 139a)
10 U.S.C. 3103(a)changedby H.R. 3838 Sec. 1801(b)
The bill says: in subsection (a), by striking "to ensure the successful and efficient operation of the defense acquisition system" and inserting "in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title"; and
Bill text · Current law (10 U.S.C. 3103)
10 U.S.C. 3103(b)changedby H.R. 3838 Sec. 1801(b)
in accordance with the objectives of the defense acquisition system established pursuant to section 3102 of this title. In carrying out this subsection, each service acquisition executive shall perform the following:(1) Implement strategies to effectively and efficiently respond to changes in capability requirements.(2) Use data-driven decisionmaking to manage trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver the best value for the investment made in the program.(3) Use iterative development cycles and discontinue or terminate the development of capabilities—(A) that no longer align with approved capability requirements or priorities; or(B) are experiencing significant cost growth, performance deficiencies, or delays in schedule.(4) Provide to the Joint Requirements Council timely updates on changes to the acquisition programs under the service acquisition executive, including any material changes to the capability requirements, the quantity to be procured, or the delivery schedule, to enable the Joint Requirements Council to identify and prioritize gaps in joint military capabilities resulting from such changes in accordance with section 181(b) of this title.(5) Ensure the period of assignment of an individual serving in a critical acquisition position (as defined in section 1731 of this title) is of sufficient duration to ensure the development and use of acquired expertise, institutional capacity, accountability in decisionmaking, and stability in the oversight and management of acquisition activities.(6) Ensure that contracting officers are appropriately trained and assigned to support effective contract management.
The bill says: in subsection (b), by striking "to ensure the successful and efficient operation of such elements of the defense acquisition system." and inserting the following:
Bill text · Current law (10 U.S.C. 3103)
10 U.S.C. 3104(a)changedby H.R. 3838 Sec. 1801(c)
The bill says: by inserting ", in accordance with the objectives established pursuant to section 3102," after "Secretary of the military department concerned"; and
Bill text · Current law (10 U.S.C. 3104)
10 U.S.C. 3104(a)rewrittenby H.R. 3838 Sec. 1801(c)
(1) The development of capability requirement statements for equipping the armed force concerned that—(A) describe the operational problem to provide necessary context for the capability requirement; and(B) describe the solution sought in a non-prescriptive manner to allow agile and innovative capability development to address the operational problem;(2) The implementation of strategies to effectively and efficiently inform recommendations regarding changes in capability requirements described in paragraph (1).(3) The recommendation of trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition programs deliver best value for the investment made.(4) In consultation with the Joint Requirements Council, the establishment and prioritization of requirements to expeditiously provide the armed forces with the capabilities needed to operate effectively, to address evolving threats, and to maintain the military advantage of the United States.(5) The use of data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements (as defined in section 4322 of this title) and the materiel readiness objectives established by the Secretary of the military department concerned under section 118(c) of this title.(6) Support for an environment that enables the adoption and integration of innovative solutions and technologies to enhance military effectiveness and responsiveness.(7) Any recommendation for the termination of the development of capabilities—(A) that no longer align with approved capability requirements or priorities;(B) for which costs have significantly increased; or(C) for which schedule delays have been significant.(8) Support for the development of career paths in acquisition for military personnel (as required by section 1722a of this title) to ensure such personnel have the necessary skills, knowledge, and experience to fulfill the objectives established pursuant to section 3102 of this title.
The bill says: by amending paragraphs (1) through (7) to read as follows:
Bill text · Current law (10 U.S.C. 3104)
10 U.S.C. 3104(b)(1)changedby H.R. 3838 Sec. 1801(c)
The bill says: in paragraph (1), by striking "program capability document supporting a Milestone B or subsequent decision" and inserting "requirements documents"; and
Bill text · Current law (10 U.S.C. 3104)
10 U.S.C. 3104(b)(2)(A)changedby H.R. 3838 Sec. 1801(c)
The bill says: in subparagraph (A), by striking "prior to entry into the Materiel Solution Analysis Phase under Department of Defense Instruction 5000.02"; and
Bill text · Current law (10 U.S.C. 3104)
10 U.S.C. 3104(b)(2)(B)changedby H.R. 3838 Sec. 1801(c)
The bill says: in subparagraph (B), by striking "cost, schedule, technical feasibility, and performance trade-offs" and inserting "life-cycle cost, delivery schedule, performance objective, technical feasibility, and procurement quantity trade-offs".
Bill text · Current law (10 U.S.C. 3104)
10 U.S.C. 3104(d)rewrittenby H.R. 3838 Sec. 1801(c)
The bill says: Section 3104(d) of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 3104)
10 U.S.C. 3101rewrittenby H.R. 3838 Sec. 1801(e)
3101 Definitions.— In this chapter:(1) The term best value means, with respect to an acquisition, the optimal combination of cost, quality, technical capability or solution quality, and delivery schedule.(2) The term capability requirement has the meaning provided in section 181 of this title.(3) The term cost-effective means, with respect to an acquisition, the capacity to deliver better results for the same or lower cost compared to alternatives.
The bill says: Section 3101 of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 3101)
10 U.S.C. 3001(c)changedby H.R. 3838 Sec. 1801(e)
The bill says: Section 3001(c) of title 10, United States Code, is amended by striking "this section" and inserting "this part".
Bill text · Current law (10 U.S.C. 3001)
10 U.S.C. 1731added 1732by H.R. 3838 Sec. 1802(a)
1732 Program executive officer.—(a) In general.— A program executive officer is the senior official responsible for the oversight of the plans, budgets, and execution of the programs assigned to the portfolio of such senior official, including life-cycle management.(b) Objectives.— In carrying the activities described in subsection (a), the program executive officer shall seek to achieve the following objectives:(1) Expeditiously provide the armed forces with the capabilities needed to operate effectively, address evolving threats, and maintain the military advantage of the United States in the most cost-effective manner practicable.(2) Maximize the effective use of resources by delivering capabilities that offer the best value for the investment made in each capability.(3) Enable the integration of innovative solutions and technologies to enhance military effectiveness and responsiveness to emerging threats.(c) Specific responsibilities.—(1) In general.— For the programs assigned to the portfolio of a program executive officer, such program executive officer shall be responsible for the following:(A) Provide expeditious delivery of the capabilities necessary to effectively respond to national security challenges by overseeing the procurement, development, and sustainment of defense acquisition programs assigned to the program executive officer.(B) Ensure the cost-effective allocation of resources by delivering operational capabilities.(C) Adjust requirements, other than requirements that are established as key performance parameters, to maximize the agility and speed in program execution in accordance with the objectives described in subsection (b).(D) Use iterative development cycles and discontinue or terminate the development of capabilities—(i) that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or(ii) that are experiencing significant cost growth, performance deficiencies, or delays in schedule.(E) Evaluate and implement trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure acquisition and sustainment programs deliver best value in meeting capability requirements (as defined in section 181 of this title).(F) Use data-driven decisionmaking to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives established by the Secretary concerned under section 118(c) of this title.(G) Collaborate with the Mission Engineering and Integration Activity established under section 1813 of the of the National Defense Authorization Act for Fiscal Year 2026 to conduct cross-service technical and operational activities to integrate emerging technologies, prototypes, and operational concepts, as appropriate.(H) Provide support to the Requirements, Acquisition, and Programming Integration Directorate with respect to the performance of the responsibilities of the Directorate under section 186 of this title and serve as a member of the Directorate in accordance with such section.(2) Milestone decision authority duties.— A program executive officer shall be the milestone decision authority for a program when directed by the service acquisition executive of the military department that is managing the program or if designated by the Secretary of Defense.(d) Functional Support.— The Secretary concerned with respect to a program executive officer shall ensure that each such program executive officer is assigned dedicated personnel and other resources required to successfully perform the assigned duties and responsibilities of such program executive officer. Personnel shall be under the exclusive authority and control of such officer. Personnel and resources shall not be provided through matrixed, collateral duty, or dual-reporting arrangements, except as specifically authorized by the Secretary in writing. Personnel and resources required include—(1) contracting and contract management;(2) estimating costs;(3) financial management;(4) life-cycle management and product support;(5) program management;(6) engineering and technical management; and(7) developmental testing and evaluation.
The bill says: Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1731 the following new section:
Bill text · Current law (10 U.S.C. 1731)
10 U.S.C. 1737(a)(4)rewrittenby H.R. 3838 Sec. 1802(b)
The bill says: Section 1737(a)(4) of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 1737)
10 U.S.C. 1732added 1733by H.R. 3838 Sec. 1803(a)
1733 Product support manager.—(a) In general.— A product support manager is the individual responsible for managing support functions required to field and maintain the readiness and operational capability of a covered system in support of the life-cycle management responsibilities of the program manager for such covered system.(b) Objectives.— In carrying the activities described in subsection (a), the product support manager shall seek to achieve the objectives of the defense acquisition system established pursuant to section 3102 of this title.(c) Specific responsibilities.— A product support manager shall be responsible for the following:(1) Provide product support and subject matter expertise with respect to a covered system to the program manager for the covered system to assist with the development, resourcing, implementation, and execution of the product support strategy developed by the product support manager under section 4322 of this title for the covered system.(2) Collaborate with the chief engineer and systems engineers for the covered system—(A) to develop the life-cycle sustainment plan and any product support plans for the covered system; and(B) to analyze the operating and support costs of the covered system to ensure the cost-effective operation, management, and availability of the covered system.(3) Conduct early risk identification, mitigation, and product support analyses that inform best value solutions in life-cycle planning and management.(4) Provide input on systems engineering requirements, design, budgeting, maintenance planning, and acquisition strategies for covered systems.(5) Support the program manager in evaluating trade-offs among life-cycle costs, delivery schedules, performance objectives, technical feasibility, and procurement quantity objectives to ensure each covered system delivers the greatest value for the investment made in the covered system.(6) Use data-driven decisionmaking, predictive analysis, and appropriate modeling tools related to reliability and maintainability of the covered system to prioritize resource allocation to meet operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title).(7) Support each Secretary of a military department in performance of a core logistics analysis pursuant to section 2464 of this title.(d) Covered system defined.— In this section, the term covered system has the meaning given in section 4322 of this title.
The bill says: Subchapter III of chapter 87 of title 10, United States Code, is amended by inserting after section 1732, as added by section 1802, the following new section:
Bill text · Current law (10 U.S.C. 1732)
10 U.S.C. 3041(a)changedby H.R. 3838 Sec. 1804(a)
The bill says: Section 3041(a) of title 10, United States Code, is amended by striking "sections 4292(e) and 4321" and inserting "section 4292(e)".
Bill text · Current law (10 U.S.C. 3041)
10 U.S.C. 3221(b)(2)changedby H.R. 3838 Sec. 1804(a)
The bill says: Section 3221(b)(2) of title 10, United States Code, is amended by striking "4321, 4323, and 4328 of this title" and inserting "and 4321 of this title,".
Bill text · Current law (10 U.S.C. 3221)
10 U.S.C. 4211(c)(2)(D)changedby H.R. 3838 Sec. 1804(a)
The bill says: Section 4211(c)(2)(D) of title 10, United States Code, is amended by striking "section 4324 of this title" and inserting "section 4322 of this title".
Bill text · Current law (10 U.S.C. 4211)
10 U.S.C. 4252(b)(14)changedby H.R. 3838 Sec. 1804(a)
The bill says: Section 4252(b)(14) of title 10, United States Code, is amended by striking "section 4324(b) of this title" and inserting "section 4322 of this title".
Bill text · Current law (10 U.S.C. 4252)
10 U.S.C. 118changedby H.R. 3838 Sec. 1804(c)
The bill says: in the section heading, by inserting "materiel readiness" before "objectives";
Bill text · Current law (10 U.S.C. 118)
10 U.S.C. 118(b)changedby H.R. 3838 Sec. 1804(c)
The bill says: in subsection (b), by striking "shall address" and inserting "shall establish procedures and a computation methodology to determine";
Bill text · Current law (10 U.S.C. 118)
10 U.S.C. 118(c)(1)changedby H.R. 3838 Sec. 1804(c)
The bill says: in paragraph (1), by striking "the metrics required" and all that follows through the period at the end and inserting "materiel readiness objectives for each major weapon system."; and
Bill text · Current law (10 U.S.C. 118)
10 U.S.C. 118(c)(2)changedby H.R. 3838 Sec. 1804(c)
The bill says: in paragraph (2), by striking "the metrics required by subsection (b)" and inserting "such readiness objectives";
Bill text · Current law (10 U.S.C. 118)
10 U.S.C. 118(d)(2)changedby H.R. 3838 Sec. 1804(c)
The bill says: in subsection (d)(2), by striking "readiness goals or objectives" and inserting "materiel readiness objectives";
Bill text · Current law (10 U.S.C. 118)
10 U.S.C. 118(e)changedby H.R. 3838 Sec. 1804(c)
The bill says: in subsection (e), in the matter preceding paragraph (1), by inserting a comma after "designated mission"; and
Bill text · Current law (10 U.S.C. 118)
10 U.S.C. 118(f)renumberedby H.R. 3838 Sec. 1804(c)
The bill says: by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
Bill text · Current law (10 U.S.C. 118)
10 U.S.C. 118(f)added (3)by H.R. 3838 Sec. 1804(c)
(3) The term materiel readiness objective means the minimum required availability of each major weapon system that is necessary to fulfill the requirements of the strategic framework and guidance referred to in subsection (a).
The bill says: by inserting after paragraph (2) the following new paragraph:
Bill text · Current law (10 U.S.C. 118)
10 U.S.C. 4323(b)removedby H.R. 3838 Sec. 1805(b)
The bill says: by striking paragraphs (9) and (10);
Bill text · Current law (10 U.S.C. 4323)
10 U.S.C. 4323(b)renumberedby H.R. 3838 Sec. 1805(b)
The bill says: by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;
Bill text · Current law (10 U.S.C. 4323)
10 U.S.C. 4323(b)(1)changedby H.R. 3838 Sec. 1805(b)
The bill says: in paragraph (1), by inserting "in accordance with the requirements of section 118 of this title and" before "in conjunction";
Bill text · Current law (10 U.S.C. 4323)
10 U.S.C. 4323(b)(3)changedby H.R. 3838 Sec. 1805(b)
The bill says: in paragraph (3), by striking ", to determine" and all that follows through the semicolon at the end and inserting "and make necessary adjustments to the life-cycle sustainment plan required by section 4322 of this title to ensure such major weapon system meets applicable operational readiness requirements and materiel readiness objectives (established in accordance with section 118(c) of this title) in the most cost-effective manner practicable;";
Bill text · Current law (10 U.S.C. 4323)
10 U.S.C. 4323(b)added (4)by H.R. 3838 Sec. 1805(b)
(4) require the military departments to, not later than August 1 of each calendar year, conduct an annual assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives and use such assessment to—(A) identify any factors contributing to a major weapon system failing to meet such requirements and objectives;(B) develop and implement a corrective action plan to address identified shortfalls in meeting such requirements and objectives in an expeditious manner; and(C) inform the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future years defense program described in section 221 of this title;
The bill says: by inserting after paragraph (3) the following new paragraph:
Bill text · Current law (10 U.S.C. 4323)
10 U.S.C. 4323(b)(9)changedby H.R. 3838 Sec. 1805(b)
The bill says: in paragraph (9) (as so redesignated), by inserting "and" after the semicolon at the end; and
Bill text · Current law (10 U.S.C. 4323)
10 U.S.C. 4323(b)added (10)by H.R. 3838 Sec. 1805(b)
(10) prior to the Milestone B approval (or equivalent approval) for a major weapon system, require the military departments to prepare a life cycle intellectual property management plan for product support sufficient to comply with the requirements of section 2464 of this title, including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title).
The bill says: by inserting after paragraph (9) (as so redesignated) the following new paragraph:
Bill text · Current law (10 U.S.C. 4323)
10 U.S.C. 181changedby H.R. 3838 Sec. 1811(a)
The bill says: in the section heading, by striking "Oversight";
Bill text · Current law (10 U.S.C. 181)
10 U.S.C. 181(a)changedby H.R. 3838 Sec. 1811(a)
Joint Requirements Council (in this section referred to as the "Council") in the Department of Defense. The Council shall—(1) assist the Chairman of the Joint Chiefs of Staff in carrying out the functions described in section 153 of this title; and(2) provide recommendations for addressing joint operational problems to the Requirements, Acquisition, and Programming Integration Directorate established under section 186 of this title (in this section referred to as "RAPID").
The bill says: in subsection (a), by striking "Joint Requirements Oversight Council in the Department of Defense." and inserting the following:
Bill text · Current law (10 U.S.C. 181)
10 U.S.C. 181changedby H.R. 3838 Sec. 1811(a)
The bill says: by striking "Joint Requirements Oversight Council" each place it appears and inserting "Joint Requirements Council".
Bill text · Current law (10 U.S.C. 181)
10 U.S.C. 139a(d)changedby H.R. 3838 Sec. 1811(j)
The bill says: by striking ", performance requirements, and joint performance requirements" and inserting "or performance requirements"; and
Bill text · Current law (10 U.S.C. 139a)
10 U.S.C. 139a(d)changedby H.R. 3838 Sec. 1811(j)
The bill says: by striking "Joint Requirements Oversight Council to validate such requirements" and inserting "Joint Requirements Council".
Bill text · Current law (10 U.S.C. 139a)
10 U.S.C. 2271(d)(4)(A)(i)changedby H.R. 3838 Sec. 1811(j)
The bill says: Section 1684(d)(4)(A)(i) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2271 note) is amended by striking "either approved by, or in development for, the Joint Requirements Oversight Council" and inserting "in development for consideration or under consideration by the Joint Requirements Council".
Bill text · Current law (10 U.S.C. 2271)
10 U.S.C. 2224(b)(1)changedby H.R. 3838 Sec. 1811(j)
The bill says: Section 1686(b)(1) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2224 note) is amended by striking "through the Joint Requirements Oversight Council" and inserting "in consultation with the Requirements, Acquisition, and Programming Integration Directorate (established under section 186 of title 10, United States Code)".
Bill text · Current law (10 U.S.C. 2224)
10 U.S.C. 113(b)(2)changedby H.R. 3838 Sec. 1811(j)
The bill says: Section 1510(b)(2) of the National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 113 note) is amended by striking "Joint Requirements Oversight Council" and inserting "Joint Requirements Council".
Bill text · Current law (10 U.S.C. 113)
10 U.S.C. 132(a)(1)changedby H.R. 3838 Sec. 1811(j)
The bill says: Section 915(a)(1) of the National Defense Authorization Act for Fiscal Year 2023 (10 U.S.C. 132 note) is amended by striking "Joint Requirements Oversight Council" and inserting "Joint Requirements Council".
Bill text · Current law (10 U.S.C. 132)
10 U.S.C. 4571(a)(1)changedby H.R. 3838 Sec. 1811(j)
The bill says: Section 938(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 4571 note prec.) is amended by striking "Joint Requirements Oversight Council" and inserting "Joint Requirements Council".
Bill text · Current law (10 U.S.C. 4571)
10 U.S.C. 185added 186by H.R. 3838 Sec. 1812(a)
186 Requirements, Acquisition, and Programming Integration Directorate.—(a) Establishment.— There is within the Department of Defense a Requirements, Acquisition, and Programming Integration Directorate (in this section referred to as "RAPID").(b) Purposes.— RAPID shall—(1) serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate solutions to joint operational problems;(2) provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and(3) act as an advisory body to the Secretary of Defense and the Deputy Secretary of Defense with respect to such matters.(c) Organization and membership.— RAPID shall consist of the following members:(1) The Chairman of the Joint Requirements Council and the Director of Cost Assessment and Program Evaluation, who shall serve as co-directors of RAPID.(2) One member designated by each commander of a combatant command.(3) One member designated by the Chairman of the Joint Requirements Council.(4) One member designated by the Director of Cost Assessment and Program Evaluation.(5) One member designated by each service acquisition executive of a military department.(6) One member designated by the principal staff assistant for the Mission Engineering and Integration Activity (established under section 1813 of the National Defense Authorization Act for Fiscal Year 2026).(7) One member designated by the executive director of the Joint Rapid Acquisition Cell (as described in the Department of Defense Directive 5000.71 titled "Rapid Fulfillment of Combatant Commander Urgent Operational Needs" (August 24, 2012).(8) One member designated by each portfolio executive officer or a similar member of the acquisition workforce responsible for the execution of a recommendation under consideration by RAPID.(d) Responsibilities.—(1) RAPID shall—(A) promptly convene relevant members to assess a proposed joint capability requirement to address a joint operational problem by considering, with respect to such proposed joint capability requirement—(i) associated resource requirements;(ii) mission engineering and interoperability considerations for integration into joint architectures; and(iii) factors related to acquisition and sustainment; and(B) provide prioritized recommendations for solutions to such joint operational problem to the Secretary of Defense and Deputy Secretary of Defense.(2) In carrying out paragraph (1), RAPID shall—(A) use data-driven decisionmaking to prioritize resource allocation;(B) maximize the effective use of resources by enabling timely delivery of solutions to address a joint operational problem in a manner that provides the greatest value for the investment made;(C) enable the adoption and integration of solutions to enhance military effectiveness and responsiveness to emerging threats; and(D) in addition to any other considerations required under this subsection, consider—(i) joint capability requirement statements or other relevant justification materials provided by the Joint Requirements Council;(ii) any analysis and recommendations provided by the Mission Engineering and Integration Activity or the Director of Cost Assessment and Program Evaluation relating to resource requirements described in paragraph (1)(A)(i);(iii) recommendations from relevant service acquisition executives or program executive officers related to planning and execution of the proposed joint capability requirement, including budget planning and management, acquisition approach, program management, and life-cycle management for a proposed joint capability requirement; and(iv) the need to incorporate measure for technology protection in certain covered systems to enable the use or sale of proposed technology solutions to joint operational problems with allies and partner countries in a manner that protects national security interest while promoting international collaboration.(e) Recommendation.—(1) Not later than 30 days after the date of receipt of a recommendation with respect to a joint capability requirement for a joint operational problem, from the Joint Requirements Council in accordance with section 181 of this title, RAPID shall submit to the Deputy Secretary of Defense a recommendation for a solution to the joint operational problem that includes the following:(A) A description of the resources needed to implement the solution and, as appropriate, resources needed to support the acquisition and sustainment of such solution of over the anticipated life cycle of the solution.(B) Any recommended actions necessary to enable integration of the solution into the joint force or to revise joint concepts of operation to best resolve the joint operational problem.(C) With respect to a solution for which access may be shared with an ally or partner country, recommended considerations—(i) to be incorporated during the design and development phase of the solution; and(ii) to facilitate future production and logistics support for the solution to the ally or partner country.(D) Any necessary changes to policy or guidance to enable effective acquisition, fielding, and employment of a solution that is a joint military capability.(E) Any other recommended actions to expeditiously provide the armed forces with the capabilities necessary to operate effectively, to address evolving threats, and to maintain the military advantage of the United States in the most cost-effective manner practicable.(2) The co-chairs of RAPID may request an additional amount of time, not to exceed 30 days, to provide a recommendation related to a joint capability requirement that is not a quick action requirement to the Deputy Secretary of Defense under this subsection.(f) Determination.—(1) Not later than 30 days after receipt of a recommendation under subsection (e), the Deputy Secretary of Defense shall issue a memorandum that approves, approves with modification, or rejects s
The bill says: Chapter 7 of title 10, United States Code, is amended by inserting after section 185 the following new section:
Bill text · Current law (10 U.S.C. 185)
10 U.S.C. 139a(d)renumberedby H.R. 3838 Sec. 1812(b)
The bill says: by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and
Bill text · Current law (10 U.S.C. 139a)
10 U.S.C. 139a(d)added (4)by H.R. 3838 Sec. 1812(b)
(4) Analysis and advice for resource discussions relating to joint capability requirements under consideration by the Requirements, Acquisition, and Programming Integration Directorate pursuant to section 186 of this title.
The bill says: by inserting after paragraph (3) the following new paragraph:
Bill text · Current law (10 U.S.C. 139a)
10 U.S.C. 3041(c)(1)(A)changedby H.R. 3838 Sec. 1821(a)
The bill says: in subparagraph (A), by striking "$115,000,000 (based on fiscal year 1990 constant dollars)" and inserting "$275,000,000 (based on fiscal year 2024 constant dollars)"; and
Bill text · Current law (10 U.S.C. 3041)
10 U.S.C. 3041(c)(1)(B)changedby H.R. 3838 Sec. 1821(a)
The bill says: in subparagraph (B), by striking "$540,000,000 (based on fiscal year 1990 constant dollars)" and inserting "$1,300,000,000 (based on fiscal year 2024 constant dollars)"; and
Bill text · Current law (10 U.S.C. 3041)
10 U.S.C. 3041(d)(1)changedby H.R. 3838 Sec. 1821(a)
The bill says: in subsection (d)(1), by striking "$750,000 (based on fiscal year 1980 constant dollars)" and inserting "$2,000,000 (based on fiscal year 2024 constant dollars)".
Bill text · Current law (10 U.S.C. 3041)
41 U.S.C. 109(b)(1)changedby H.R. 3838 Sec. 1821(a)
The bill says: by striking "$75,000,000 (based on fiscal year 1980 constant dollars)" and inserting "$275,000,000 (based on fiscal year 2024 constant dollars)"; and
Bill text · Current law (41 U.S.C. 109)
41 U.S.C. 109(b)(1)changedby H.R. 3838 Sec. 1821(a)
The bill says: by striking "$300,000,000 (based on fiscal year 1980 constant dollars)" and inserting "$1,300,000,000 (based on fiscal year 2024 constant dollars)"; and
Bill text · Current law (41 U.S.C. 109)
41 U.S.C. 109(b)(2)changedby H.R. 3838 Sec. 1821(a)
The bill says: in subsection (b)(2), by striking "$750,000 (based on fiscal year 1980 constant dollars)" and inserting "$2,000,000 (based on fiscal year 2024 dollars)".
Bill text · Current law (41 U.S.C. 109)
10 U.S.C. 3204(e)(1)changedby H.R. 3838 Sec. 1821(b)
The bill says: by striking "$10,000,000" each place it appears and inserting "$100,000,000";
Bill text · Current law (10 U.S.C. 3204)
10 U.S.C. 3204(e)(1)changedby H.R. 3838 Sec. 1821(b)
The bill says: by striking "$75,000,000" each place it appears and inserting "$500,000,000"; and
Bill text · Current law (10 U.S.C. 3204)
10 U.S.C. 3204(e)(1)(B)(i)changedby H.R. 3838 Sec. 1821(b)
The bill says: in subparagraph (B)(i), by striking "$500,000" and inserting "$10,000,000".
Bill text · Current law (10 U.S.C. 3204)
10 U.S.C. 3205(a)(2)changedby H.R. 3838 Sec. 1821(c)
The bill says: Section 3205(a)(2) of title 10, United States Code, is amended by striking "$5,000,000" and inserting "$10,000,000".
Bill text · Current law (10 U.S.C. 3205)
41 U.S.C. 1901(a)(2)changedby H.R. 3838 Sec. 1821(c)
The bill says: Section 1901(a)(2) of title 41, United States Code, is amended by striking "$5,000,000" and inserting "$10,000,000".
Bill text · Current law (41 U.S.C. 1901)
10 U.S.C. 3571(a)added (c)by H.R. 3838 Sec. 1821(d)
(c) For purposes of acquisitions by agencies named in section 3063 of this title, in the case of any contract to be awarded and performed, or purchase to be made, in support of a contingency operation or a humanitarian or peacekeeping operation, the simplified acquisition threshold means an amount equal to two times the amount specified for that term in subsection (a).
The bill says: Section 3571(a) 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. 3571)
41 U.S.C. 134changedby H.R. 3838 Sec. 1821(d)
The bill says: Section 134 of title 41, United States Code, is amended by striking "$250,000" and inserting "$500,000".
Bill text · Current law (41 U.S.C. 134)
10 U.S.C. 3573changedby H.R. 3838 Sec. 1821(e)
The bill says: Section 3573 of title 10, United States Code, is amended by striking "$10,000" and inserting "$25,000".
Bill text · Current law (10 U.S.C. 3573)
41 U.S.C. 1902(a)(1)changedby H.R. 3838 Sec. 1821(e)
The bill says: Section 1902(a)(1) of title 41, United States Code, is amended by striking "$10,000" and inserting "$25,000".
Bill text · Current law (41 U.S.C. 1902)
10 U.S.C. 3702(a)(1)changedby H.R. 3838 Sec. 1821(f)
The bill says: by striking "2018" each place it appears and inserting "2026";
Bill text · Current law (10 U.S.C. 3702)
10 U.S.C. 3702(a)(1)(A)changedby H.R. 3838 Sec. 1821(f)
The bill says: in subparagraph (A), by striking "$2,000,000" and inserting "$10,000,000"; and
Bill text · Current law (10 U.S.C. 3702)
10 U.S.C. 3702(a)(1)(B)changedby H.R. 3838 Sec. 1821(f)
The bill says: in subparagraph (B), by striking "$750,000" and inserting "$2,000,000";
Bill text · Current law (10 U.S.C. 3702)
10 U.S.C. 3702(a)(2)changedby H.R. 3838 Sec. 1821(f)
The bill says: in paragraph (2), by striking "$2,000,000" and inserting "$10,000,000"; and
Bill text · Current law (10 U.S.C. 3702)
10 U.S.C. 3702(a)(3)(A)changedby H.R. 3838 Sec. 1821(f)
chapter and—(i) in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or(ii) in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000.
The bill says: in subparagraph (3)(A), by striking "chapter and the price of the subcontract is expected to exceed $2,000,000" and inserting the following:
Bill text · Current law (10 U.S.C. 3702)
41 U.S.C. 3502(a)(1)changedby H.R. 3838 Sec. 1821(f)
The bill says: by striking "2018" each place it appears and inserting "2026";
Bill text · Current law (41 U.S.C. 3502)
41 U.S.C. 3502(a)(1)(A)changedby H.R. 3838 Sec. 1821(f)
The bill says: in subparagraph (A), by striking "$2,000,000" and inserting "$10,000,000"; and
Bill text · Current law (41 U.S.C. 3502)
41 U.S.C. 3502(a)(1)(B)changedby H.R. 3838 Sec. 1821(f)
The bill says: in subparagraph (B), by striking "$750,000" and inserting "$2,000,000";
Bill text · Current law (41 U.S.C. 3502)
41 U.S.C. 3502(a)(2)(A)changedby H.R. 3838 Sec. 1821(f)
The bill says: in subparagraph (A), by striking "$2,000,000" and inserting "$10,000,000";
Bill text · Current law (41 U.S.C. 3502)
41 U.S.C. 3502(a)(2)(B)changedby H.R. 3838 Sec. 1821(f)
The bill says: in subparagraph (B), by striking "$750,000" and inserting "$2,000,000"; and
Bill text · Current law (41 U.S.C. 3502)
41 U.S.C. 3502(a)(2)(C)changedby H.R. 3838 Sec. 1821(f)
The bill says: in subparagraph (C), by striking "$750,000" and inserting "$2,000,000"; and
Bill text · Current law (41 U.S.C. 3502)
41 U.S.C. 3502(a)(3)changedby H.R. 3838 Sec. 1821(f)
chapter and—(i) in the case of a prime contract entered into after June 30, 2026, the price of the subcontract is expected to exceed $10,000,000; or(ii) in the case of a prime contract entered into on or before June 30, 2026, the price of the subcontract is expected to exceed $2,000,000.
The bill says: in paragraph (3), by striking "chapter and—" and all that follows and inserting the following:
Bill text · Current law (41 U.S.C. 3502)
10 U.S.C. 4201(a)(2)(A)changedby H.R. 3838 Sec. 1821(g)
The bill says: in subparagraph (A), by striking "$300,000,000 (based on fiscal year 1990 constant dollars)" and inserting "$1,000,000,000 (based on fiscal year 2024 constant dollars)"; and
Bill text · Current law (10 U.S.C. 4201)
10 U.S.C. 4201(a)(2)(B)changedby H.R. 3838 Sec. 1821(g)
The bill says: in subparagraph (B), by striking "$1,800,000,000 (based on fiscal year 1990 constant dollars)" and inserting "$4,500,000,000 (based on fiscal year 2024 constant dollars)".
Bill text · Current law (10 U.S.C. 4201)
10 U.S.C. 3805(d)changedby H.R. 3838 Sec. 1822(a)
The bill says: by striking "The conditions" and inserting "(1) The conditions"; and
Bill text · Current law (10 U.S.C. 3805)
10 U.S.C. 3805(d)added (2)by H.R. 3838 Sec. 1822(a)
(2) For the purposes of section 3803 of this title, a payment for covered services acquired through a commercially utilized acquisition strategy shall not be considered an advance payment made under section 3801 of this title.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 3805)
10 U.S.C. 3805added (e)by H.R. 3838 Sec. 1822(a)
(e) Definitions.— In this section:(1) The term commercially utilized acquisition strategy means an acquisition of a service by the Government under terms and conditions that—(A) are similar to the terms and conditions under which such service is available to the public; and(B) provide such service as a consumption-based solution or under a technology subscription model or other model based on predetermined pricing for access to such service.(2) The term covered service means a commercial service that includes access to or use of any combination of hardware, equipment, software, labor, or services, including access to commercial satellite data and associated services, that is integrated to provide a capability.
The bill says: by adding at the end the following new subsection:
Bill text · Current law (10 U.S.C. 3805)
31 U.S.C. 3324(d)(1)(C)changedby H.R. 3838 Sec. 1822(b)
The bill says: in paragraph (1)(C), by striking "; and" and inserting a semicolon;
Bill text · Current law (31 U.S.C. 3324)
31 U.S.C. 3324(d)(2)changedby H.R. 3838 Sec. 1822(b)
The bill says: by inserting "or commercially available content" after "publication"; and
Bill text · Current law (31 U.S.C. 3324)
31 U.S.C. 3324(d)(2)changedby H.R. 3838 Sec. 1822(b)
The bill says: by striking the period at the end and inserting "; and"; and
Bill text · Current law (31 U.S.C. 3324)
31 U.S.C. 3324(d)added (3)by H.R. 3838 Sec. 1822(b)
(3) charges for information and communications technology subscriptions, reservations, or tenancy, including cloud environments, for which the procuring agency defines appropriate access and security standards.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (31 U.S.C. 3324)
41 U.S.C. 1501(a)changedby H.R. 3838 Sec. 1824(c)
The bill says: Subsection (a) of section 1501 of title 41, United States Code, is amended by striking "Office of Federal Procurement Policy" and inserting "Office of Management and Budget".
Bill text · Current law (41 U.S.C. 1501)
41 U.S.C. 1502(b)(1)(B)changedby H.R. 3838 Sec. 1824(d)
The bill says: in subparagraph (B), by striking "amount set forth in section 3702(a)(1)(A) of title 10 as the amount is" and inserting "$10,000,000, as"; and
Bill text · Current law (41 U.S.C. 1502)
41 U.S.C. 1502(b)(1)(C)(ii)changedby H.R. 3838 Sec. 1824(d)
The bill says: in clause (ii), by inserting "or" at the end;
Bill text · Current law (41 U.S.C. 1502)
41 U.S.C. 1502(b)(1)(C)(iii)changedby H.R. 3838 Sec. 1824(d)
The bill says: in clause (iii), by striking "; or" and inserting a period; and
Bill text · Current law (41 U.S.C. 1502)
41 U.S.C. 1502(b)(1)(C)removedby H.R. 3838 Sec. 1824(d)
The bill says: by striking clause (iv).
Bill text · Current law (41 U.S.C. 1502)
10 U.S.C. 3455(c)(1)changedby H.R. 3838 Sec. 1825(c)
The bill says: in subsection (c)(1), by striking "may" and inserting "shall";
Bill text · Current law (10 U.S.C. 3455)
10 U.S.C. 3455rewrittenby H.R. 3838 Sec. 1825(c)
The bill says: by amending subsection (d) to read as follows:
Bill text · Current law (10 U.S.C. 3455)
10 U.S.C. 3455(e)changedby H.R. 3838 Sec. 1825(c)
The bill says: in subsection (e), by striking "Deputy Secretary of Defense" and inserting "Under Secretary of Defense for Acquisition and Sustainment".
Bill text · Current law (10 U.S.C. 3455)
10 U.S.C. 3703(a)(1)rewrittenby H.R. 3838 Sec. 1825(c)
The bill says: Section 3703(a)(1) of title 10, United States Code, is amended by amending subparagraph (A) to read as follows:
Bill text · Current law (10 U.S.C. 3703)
10 U.S.C. 4022(a)(2)(A)changedby H.R. 3838 Sec. 1831(a)
The bill says: in subparagraph (A), by striking "agency that" and all that follows through "the use" and inserting "agency that the use";
Bill text · Current law (10 U.S.C. 4022)
10 U.S.C. 4022(a)(2)(B)(i)changedby H.R. 3838 Sec. 1831(a)
The bill says: in clause (i), by striking "writing that" and all that follows through "the use" and inserting "writing that the use"; and
Bill text · Current law (10 U.S.C. 4022)
10 U.S.C. 4022(a)(2)(B)(ii)changedby H.R. 3838 Sec. 1831(a)
The bill says: in clause (ii), by striking "and" at the end;
Bill text · Current law (10 U.S.C. 4022)
10 U.S.C. 4022(a)(2)(C)changedby H.R. 3838 Sec. 1831(a)
The bill says: by striking "subsection (f)" each place it appears and inserting "subsection (e)";
Bill text · Current law (10 U.S.C. 4022)
10 U.S.C. 4022(a)(2)(C)(i)(I)changedby H.R. 3838 Sec. 1831(a)
The bill says: in clause (i)(I), by striking "the requirements of subsection (d)" and all that follows through "and the" and inserting "the"; and
Bill text · Current law (10 U.S.C. 4022)
10 U.S.C. 4022(a)(2)(C)(ii)changedby H.R. 3838 Sec. 1831(a)
The bill says: in clause (ii), by striking the period at the end and inserting "; and"; and
Bill text · Current law (10 U.S.C. 4022)
10 U.S.C. 4022(a)(2)added (D)by H.R. 3838 Sec. 1831(a)
(D) may not be exercised for contracts exceeding the production of 500 units of a manufactured or developed product. Contracts exceeding this production threshold may not be categorized as a “prototype” or contracted as such.
The bill says: by adding at the end the following new subparagraph:
Bill text · Current law (10 U.S.C. 4022)
10 U.S.C. 4022removedby H.R. 3838 Sec. 1831(a)
The bill says: by striking subsection (d);
Bill text · Current law (10 U.S.C. 4022)
10 U.S.C. 4022renumberedby H.R. 3838 Sec. 1831(a)
The bill says: by redesignating subsections (e) through (i) as subsections (d) through (h), respectively; and
Bill text · Current law (10 U.S.C. 4022)
10 U.S.C. 4022(f)changedby H.R. 3838 Sec. 1831(a)
The bill says: in subsection (f), as so redesignated, by striking "subsection (f)" and inserting "subsection (e)".
Bill text · Current law (10 U.S.C. 4022)
50 U.S.C. 3024(n)(6)(C)(vii)changedby H.R. 3838 Sec. 1831(b)
The bill says: in the matter preceding subclause (I), by striking "4022(f)(2)" and inserting "4022(e)(2)"; and
Bill text · Current law (50 U.S.C. 3024)
50 U.S.C. 3024(n)(6)(C)(vii)(V)(cc)changedby H.R. 3838 Sec. 1831(b)
The bill says: in subclause (V)(cc), by striking "4022(f)(5)" and inserting "4022(e)(5)".
Bill text · Current law (50 U.S.C. 3024)
6 U.S.C. 391(d)changedby H.R. 3838 Sec. 1831(b)
The bill says: Section 831(d) of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) is amended by striking "4022(e)" and inserting "4022(d)".
Bill text · Current law (6 U.S.C. 391)
Public Law 115-232(c)(1)(A)changedby H.R. 3838 Sec. 1831(b)
The bill says: in subparagraph (A), by striking "subsection (f)" and inserting "subsection (e)"; and
Bill text
Public Law 115-232(c)(1)(E)changedby H.R. 3838 Sec. 1831(b)
The bill says: in subparagraph (E), by striking "or (f)" and inserting "or (e)".
Bill text
Public Law 117-263(h)(2)changedby H.R. 3838 Sec. 1831(b)
The bill says: Section 322(h)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 2911 note) is amended by striking "subsection (f)" and inserting "subsection (e)".
Bill text
10 U.S.C. 4401rewrittenby H.R. 3838 Sec. 1833(a)
4401 Requirement for modular open system approach.—(a) Requirement.— The Secretary of Defense shall ensure that a covered system to be procured is designed and developed, to the maximum extent practicable, with a modular open system approach.(b) Assessment to inform strategy.— Before designing or developing a covered system, the Secretary of Defense shall conduct an assessment to identify the open systems objectives to be achieved by the design and development of the covered system. Such assessment shall identify and document how such approach would—(1) support the objectives of the defense acquisition system established pursuant to section 3102 of this title;(2) align with the preference for the acquisition of commercial products in section 3453 of this title to retain, to the maximum extent practicable, the commercial viability of subsystems and components of the covered system;(3) reduce the complexity and increase the speed by which new technology can be integrated into a covered system to enhance miliary effectiveness and responsiveness to emerging threats;(4) enable the use of iterative development cycles and discontinue or terminate the development of capabilities—(A) that no longer align with approved capability requirements (as defined in section 181 of this title) or priorities; or(B) that are experiencing significant cost growth, performance deficiencies, or delays in schedule;(5) promote a robust and responsive defense industrial base, and foster competition amongst offerors of subsystems and components of the covered system through the life cycle of the covered system, especially at the module level;(6) reduce schedule delays and development timelines;(7) increase and enable interoperability of a covered system with the joint force as changes to force design evolve; and(8) enable effective life-cycle management and product support of a covered system—(A) in accordance with the requirements of section 4322 of this title; and(B) to ensure that the covered system will meet applicable operational readiness requirements (as defined in such section 4322) and materiel readiness objectives (established under section 118(c) of this title) in the most cost-effective manner practicable.(c) Architecture requirements.—(1) In developing an architecture for the procurement of a covered system using a modular open system approach, the Secretary shall ensure that the architecture—(A) adequately designates and defines modules, module interfaces, key interfaces, and openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b);(B) to the extent practicable, is based on—(i) widely accepted, consensus-based standards that are available at no cost or under fair and reasonable license terms; or(ii) if such standards are not available or suitable, incremental standards that define relationships between module interfaces and key interfaces; and(C) is designed and developed to accelerate the procurement and integration of commercial products as modules, module interfaces, and key interfaces.(2) The Secretary shall consider input from private entities as early as possible to inform decisions regarding the level in the architecture at which a modular open system approach will be implemented for a covered system.(3) The architecture described in this subsection shall be included in any draft and final solicitations for procurement of a covered system.(d) Openness Characteristics.— Consistent with the requirements of subchapter I of chapter 275 of this title, the Secretary shall include in the solicitation for the covered system a description of the desired openness characteristics of the covered system necessary to achieve the open systems objectives described in subsection (b), including the following:(1) The open systems objectives identified as result of the assessment required by subsection (b).(2) A description of the application of specifications or standards for module interfaces to achieve such objectives.(3) A description of the minimum technical data package elements necessary to achieve such objectives.(4) The desired license rights in module interfaces or key interfaces based on such objectives, including desired license rights to enable the replacement of a module or module interface with an alternative or new module or module interface.(e) Applicability to commercial products.— In applying the requirements of this section to a covered system that includes a commercial product, the Secretary of Defense shall—(1) implement modular open system approaches in accordance with such approaches used in the ordinary course of business for such commercial product on the commercial marketplace;(2) for a commercial product that is commercial technical data or commercial software, procure such commercial product under license terms similar to such terms that are customarily provided to the public, unless the Secretary has specifically negotiated different license terms;(3) when applicable, obtain the delivery of commercial software development kits with license rights necessary to support the desired openness characteristics for the covered system; and(4) to the maximum extent practical, conduct negotiations for desired license rights in accordance with the preference for specially negotiated licenses in section 3774(c) of this title.(f) Definitions.— In this section:(1) The term covered system means a system that is not a commercial product and that is acquired or developed under—(A) an acquisition program of the Department of Defense; or(B) a research and development program of the Department to address a capability requirement or joint capability requirement (as defined in section 181 of this title).(2) The term incremental standard means a specification for a module interface or key interface that includes—(A) software-defined syntax and properties that specifically govern how values are validly pass
The bill says: Section 4401 of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 4401)
10 U.S.C. 3771(a)(2)(A)changedby H.R. 3838 Sec. 1833(d)
The bill says: in paragraph (2)(A), by striking " or copyrights" and inserting ", copyrights, trade secrets,"; and
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(a)added (3)by H.R. 3838 Sec. 1833(d)
(3) Enforcement of certain rights.— Regulations prescribed under paragraph (1) may not affect or limit any right described in paragraph (2)(A) or the ability of a contractor or subcontractor to enforce such a right against a third party that has not otherwise obtained a license for such a right from the United States or from the contractor or subcontractor.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(2)changedby H.R. 3838 Sec. 1833(d)
The bill says: in paragraph (2), by striking "paragraphs (3), (4), and (7)," and inserting "paragraphs (3) and (4),";
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)rewrittenby H.R. 3838 Sec. 1833(d)
(3) Inapplicability of paragraph (2).— Unless otherwise negotiated, paragraph (2) does not apply to technical data that—(A) constitutes a correction or change to data furnished by the United States; or(B) is otherwise publicly available or has been released or disclosed by the contractor or subcontractor without restriction on further release or disclosure.
The bill says: by amending paragraph (3) to read as follows:
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)rewrittenby H.R. 3838 Sec. 1833(d)
(4) Exceptions to paragraph (2).—(A) Notwithstanding paragraph (2), unless otherwise negotiated, the United States shall have government purpose rights, in perpetuity, in technical data that—(i) relates to form, fit, or function of an item or process; or(ii) is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data) of an item or process.(B) Notwithstanding paragraph (2), the United States may release or disclose technical data to persons outside the Government, or permit the use of technical data by such persons, if such release, disclosure, or use—(i) is necessary for emergency repair and overhaul;(ii) is a release or disclosure of technical data (other than detailed manufacturing or process data) to, or use of such data by, a foreign government, where such release or disclosure is in the interest of the United States and is required for evaluation or informational purposes;(iii) is made subject to a prohibition that the person to whom the data are released or disclosed may not further release, disclose, or use such data; and(iv) the contractor or subcontractor asserting the restriction is notified of such release, disclosure, or use.
The bill says: by amending paragraph (4) to read as follows:
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(6)changedby H.R. 3838 Sec. 1833(d)
The bill says: in the paragraph heading, by striking "Interfaces" and inserting "Module interfaces of an item";
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(6)changedby H.R. 3838 Sec. 1833(d)
The bill says: by inserting ", in perpetuity," after "government purpose rights"; and
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(6)changedby H.R. 3838 Sec. 1833(d)
The bill says: by striking "an interface between an item or process and other items or processes" and inserting "a module interface of an item"; and
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(7)changedby H.R. 3838 Sec. 1833(d)
The bill says: in the paragraph heading, by striking "Modular system interfaces" and inserting "Key interfaces of an item";
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(7)(A)changedby H.R. 3838 Sec. 1833(d)
The bill says: by striking "paragraphs (2) and (5)" and inserting "paragraph (5) and except as otherwise provided by subsection (e) of section 4401 of this title,";
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(7)(A)changedby H.R. 3838 Sec. 1833(d)
The bill says: by inserting ", in perpetuity," after "government purpose rights"; and
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(7)(A)changedby H.R. 3838 Sec. 1833(d)
The bill says: by striking "modular system interface" and inserting "key interface of an item";
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(7)(B)changedby H.R. 3838 Sec. 1833(d)
The bill says: in subparagraph (B), by striking "modular system interface" and inserting "a key interface"; and
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3771(b)(7)(C)changedby H.R. 3838 Sec. 1833(d)
The bill says: in subparagraph (C), by striking "modular system interface" and inserting "key interface of an item".
Bill text · Current law (10 U.S.C. 3771)
10 U.S.C. 3775(b)rewrittenby H.R. 3838 Sec. 1833(d)
The bill says: Section 3775(b) of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 3775)
10 U.S.C. 3791(c)(1)(A)changedby H.R. 3838 Sec. 1833(e)
The bill says: in subparagraph (A), by striking "section 4401(b) of this title" and inserting "section 4401 of this title"; and
Bill text · Current law (10 U.S.C. 3791)
10 U.S.C. 3791(c)(1)(D)(iv)changedby H.R. 3838 Sec. 1833(e)
The bill says: in subparagraph (D)(iv), by striking "modular system interfaces (as defined in section 4401(b) of this title)" and inserting "module interfaces (as defined in section 4401(f) of this title)".
Bill text · Current law (10 U.S.C. 3791)
10 U.S.C. 4402repealedby H.R. 3838 Sec. 1833(e)
The bill says: Section 4402 of title 10, United States Code, is repealed.
Bill text · Current law (10 U.S.C. 4402)
10 U.S.C. 4403repealedby H.R. 3838 Sec. 1833(e)
The bill says: Section 4403 of title 10, United States Code, is repealed.
Bill text · Current law (10 U.S.C. 4403)
10 U.S.C. 4425rewrittenby H.R. 3838 Sec. 1833(e)
4425 Definitions.— In this subchapter:(1) The term major system platform means the highest level structure of a major weapon system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed.(2) The term weapon system component—(A) means a high level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through a key system interface (as defined in section 4401(f) of this title); and(B) includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another subsystem or assembly described in subparagraph (A).
The bill says: Section 4425 of title 10, United States Code, is amended to read as follows:
Bill text · Current law (10 U.S.C. 4425)
10 U.S.C. 4401repealedby H.R. 3838 Sec. 1833(e)
The bill says: Section 804 of the National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 4401 note) is repealed.
Bill text · Current law (10 U.S.C. 4401)
Public Law 118-159changedby H.R. 3838 Sec. 2101(c)
The bill says: by striking the item relating to "Florida" in the "State" column;
Bill text
Public Law 118-159changedby H.R. 3838 Sec. 2101(c)
The bill says: by striking the item relating to "Naval Air Station Key West" in the "Installation" column; and
Bill text
Public Law 118-159changedby H.R. 3838 Sec. 2101(c)
The bill says: by striking the item relating to "$90,000,000" in the "Amount" column.
Bill text
Public Law 118-31changedby H.R. 3838 Sec. 2408(b)
The bill says: The authorization table in section 2402(a) of the Military Construction Authorization Act for Fiscal Year 2024 (division B of Public Law 118–31; 137 Stat. 727) is amended in the item relating to Lake City Army Ammunition Plant, Missouri, by striking the dollar amount and inserting "$86,500,000".
Bill text
Public Law 118-31changedby H.R. 3838 Sec. 2408(b)
The bill says: The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 901) is amended in the items relating to Lake City Army Ammunition Plant, Missouri, by striking the dollar amount and inserting "$86,500".
Bill text
10 U.S.C. 2808added 2808aby H.R. 3838 Sec. 2801(a)
2808a. Facility construction or repair: transactions other than contracts and grants.—(a) Authority.— The Secretary of Defense and each Secretary of a military department may enter into transactions (other than contracts, cooperative agreements, or grants) to carry out repair and construction projects for facilities, including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects.(b) Use of amounts.— The Secretary of Defense or a Secretary of a military department (as applicable) may carry out projects under subsection (a) using amounts available to the Secretary of Defense or the Secretary of a military department (as applicable) for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding chapters 221 and 223 of this title.(c) Follow-on transactions.— A transaction entered into under this section for a project may provide for the award of a follow-on production contract or transaction to the participants in the transaction without further competition, if—(1) competitive procedures were used for the selection of parties for participation in the original transaction; and(2) the participants in the original transaction successfully completed—(A) a complete and useable facility; or(B) a complete and useable improvement to a facility.(d) Report.— Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the use of the authority under this section during the fiscal year preceding the date of the report, including number of transactions and the costs, types of projects, and outcomes of each such transaction.
The bill says: Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2808 the following new section:
Bill text · Current law (10 U.S.C. 2808)
10 U.S.C. 2851(a)changedby H.R. 3838 Sec. 2802
The bill says: Section 2851(a) of title 10, United States Code, is amended by striking "the Secretary of the Army" and all that follows through "approves" and inserting "a military department or Government agency (as approved by the Secretary of Defense)".
Bill text · Current law (10 U.S.C. 2851)
10 U.S.C. 2866added 2866aby H.R. 3838 Sec. 2803(a)
2866a. Risk-based approach to installation water management and security at military installations.—(a) In general.—(1) The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary.(2) The Secretary concerned shall begin implementation of paragraph (1) by prioritizing those military installations under the jurisdiction of the Secretary that the Secretary determines—(A) are experiencing the greatest risks to water management and water security; and(B) face the most severe existing or potential adverse impacts to mission assurance as a result of such risks.(3) Determinations under paragraph (2) shall be made on the basis of the water management and security assessments made by the Secretary concerned under subsection (b).(b) Water management and water security assessments.—(1) The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to water management and water security and mission assurance.(2) Such methodology shall include the following:(A) An evaluation of all water sources available to a military installation, disaggregated by—(i) raw water (total available water volume);(ii) treated potable water; and(iii) treated nonpotable water.(B) An assessment of relevant supply connections for a military installation, including number, type, water flow rate, seasonal variability, and the extent of competition for the water sources.(C) A calculation of the total water requirement of the military installation that—(i) includes an identification of the water usage by tenant commands that reside on the military installation; and(ii) describes the water uses that comprise such total water requirement, disaggregated by—(I) drinking water uses; and(II) nonpotable water uses, including industrial and agricultural uses, such as cooling, irrigation groundskeeping, and wash water.(D) An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation, including an estimate of the percentage of water lost to such water infrastructure that is in poor or failing condition.(E) An evaluation of the military installation’s water security risks that could negatively impact mission assurance, including—(i) the location of the military installation in a drought-prone region;(ii) decreasing water levels or sources;(iii) effects of new defense water uses on the total water requirement of the military installation;(iv) increases to the demand for water in areas outside the jurisdiction of the military installation that—(I) result from nondefense or defense adjacent requirements; and(II) could affect—(aa) the supply of water available for use by the military installation;(bb) the quality of such water; and(cc) legal issues of the military installation, such as water rights disputes.(F) An evaluation of the capacity of the military installation’s water supply to withstand or quickly recover from water resource constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption.(G) An evaluation of existing water metering and consumption at the military installation, considered at a minimum—(i) by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and(ii) by fluctuations in consumption, including peak consumption by quarter.(H) The appropriate frequency for reassessment of the installations at highest water security risk.(3) The Secretaries concerned, acting jointly, shall update the methodology under paragraph (1) not less frequently than once every ten years.(c) Reassessment of water insecure military installations.— Each Secretary concerned shall update its assessments of the most at-risk installations not less frequently than the frequency established under subsection (b)(2)(H).(d) Mitigation of water security risk at most at-risk installations.—(1) Each Secretary of a military department shall—(A) identify the three military installations under the jurisdiction of the Secretary that are most at-risk for water insecurity; and(B) develop, for each military installation so identified, a plan of action and milestones to address—(i) risks to water security; and(ii) threats to mission assurance.(2) Each such plan of action shall include the following:(A) The nature of each risk to the military installation’s capacity and mission assurance.(B) The factors contributing to the high degree of risk, disaggregated by risks located—(i) inside the jurisdiction of the military installation; and(ii) outside such jurisdiction.(C) A plan for implementing installation-level metering to ensure more accurate assessments of demand for water at the military installation.(D) An assessment of—(i) the effects of planned future missions and new tenants on the demand for water at the military installation; and(ii) the corresponding requirements for water infrastructure serving the military installation to ensure adequate water supply for mission assurance.(E) A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure.(F) A cost-benefit analysis of using "no dig" technologies, including cure-in-place pipe lining, to mitigate infrastructure degradation that leads to water loss.(e) Evaluation of installations for nonpotable water reuse.—(1) Each Secretary concerned shall evaluate each military installation under the jurisidiction of the Secretary identified pursuant to subsection (d)(A), to determine the potential for the military installation to mitigate risks to water security through the reuse of nonpotable for nondrinking water uses.(2) Such evaluation shall include the followi
The bill says: Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2866 the following new section:
Bill text · Current law (10 U.S.C. 2866)
Public Law 116-283repealedby H.R. 3838 Sec. 2803(b)
The bill says: Section 2827 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2866 note) is repealed.
Bill text
10 U.S.C. 3241(f)(1)changedby H.R. 3838 Sec. 2804(1)
The bill says: in paragraph (1), by striking "The Secretary" and inserting "Subject to paragraph (4), each Secretary" ;
Bill text · Current law (10 U.S.C. 3241)
10 U.S.C. 3241(f)(2)changedby H.R. 3838 Sec. 2804(2)
The bill says: in paragraph (2), by striking "Any military construction contract" and inserting "Any construction contract for a military construction project";
Bill text · Current law (10 U.S.C. 3241)
10 U.S.C. 3241(f)rewrittenby H.R. 3838 Sec. 2804(3)
(3) Not later than March 1, 2027, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this subsection that includes the following:(A) A description of the military construction project for which such authority was used, including project title, location, scope, and rationale for selecting such project.(B) The date of award of a contract for such military construction project, the initial estimated contract value, and the current projected total cost of such project.(C) A comparison of projected schedule for completion of such project with the actual schedule, including dates for completing the design of such project and commencing construction.(D) Any realized or anticipated cost savings or efficiencies, including those related to time, resources, or design innovation, attributable to the use of the use of the authority under this subsection for a military construction project.(E) An assessment of risk management benefits, including changes in scope, design flexibility, or coordination improvements between contractor and the Secretary of a military department with jurisdiction over the military construction project for which such authority was used.(F) Any challenges encountered, and mitigation efforts made, in the use such authority for the military construction project.(4) Each Secretary of a military department may exercise the authority under this subsection using amounts appropriated for such purpose on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026.
The bill says: by amending paragraphs (3) and (4) to read as follows:
Bill text · Current law (10 U.S.C. 3241)
10 U.S.C. 2837(d)changedby H.R. 3838 Sec. 2811(a)
The bill says: Section 2837(d) of title 10, United States Code, is amended by inserting ", Department of Defense civilian employee, and Department of Defense contractor employee" before "population".
Bill text · Current law (10 U.S.C. 2837)
10 U.S.C. 2891(f)renumberedby H.R. 3838 Sec. 2813(1)
The bill says: by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), repsectively;
Bill text · Current law (10 U.S.C. 2891)
10 U.S.C. 2891(f)changedby H.R. 3838 Sec. 2813(2)
The bill says: by inserting "(1)" before "A landlord providing";
Bill text · Current law (10 U.S.C. 2891)
10 U.S.C. 2891(f)changedby H.R. 3838 Sec. 2813(3)
(C) except as provided in paragraph (2), by allowing the work order or maintenance ticket to be closed only after the landlord makes not fewer than three documented attempts to notify the resident of work completion through means that include—(i) the resident Internet portal for the housing unit;(ii) text messaging;(iii) email; and(iv) telephone.
The bill says: by striking subparagraph (C) of paragraph (1) (as so redesignated) and inserting the following:
Bill text · Current law (10 U.S.C. 2891)
10 U.S.C. 2891(f)added (2)by H.R. 3838 Sec. 2813(4)
(2) If a resident does not respond to a landlord after three attempts of the landlord to notify the resident of work completion pursuant to paragraph (1)(C), the landlord may close the work order or maintenance ticket only if—(A) the landlord submits to the head of the applicable housing management office notice that the landlord intends to close the work order or maintenance ticket; and(B) the head of the applicable housing management office does not object, in writing, to the closure.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 2891)
10 U.S.C. 2891c(a)(2)added (G)by H.R. 3838 Sec. 2814
(G) Information with respect to each insurance policy maintained by the landlord for such housing units, including the—(i) scope of coverage;(ii) deductible;(iii) policy limit; and(iv) total premium amount.(H) The total amount of remedial payments made by the landlord to tenants of such housing units pursuant to a final decision under the dispute resolution process under section 2894 of this title.(I) For each such remedial payment, a summary of the nature of the dispute underlying the final decision that required the remedial payment.
The bill says: Section 2891c(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:
Bill text · Current law (10 U.S.C. 2891c)
Public Law 114-328(c)removedby H.R. 3838 Sec. 2815(b)
The bill says: Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking paragraph (52).
Bill text
10 U.S.C. 2391(b)(5)(B)(iv)changedby H.R. 3838 Sec. 2821(1)
The bill says: by inserting "(including health care, housing, and defense critical infrastructure projects and services)" after "projects and services"; and
Bill text · Current law (10 U.S.C. 2391)
10 U.S.C. 2391(b)(5)(B)(iv)changedby H.R. 3838 Sec. 2821(2)
The bill says: by striking "the defense industrial base and the defense industrial base workers, if the Secretary determines such support will improve operations of the Department of Defense" and inserting "the defense industrial base, defense industrial base workers, and military installations".
Bill text · Current law (10 U.S.C. 2391)
10 U.S.C. 2680(b)changedby H.R. 3838 Sec. 2822(1)
The bill says: in the heading, by inserting "; treatment of certain amounts" after "Exclusion";
Bill text · Current law (10 U.S.C. 2680)
10 U.S.C. 2680(b)changedby H.R. 3838 Sec. 2822(1)
The bill says: by inserting "(1)" before "In making"; and
Bill text · Current law (10 U.S.C. 2680)
10 U.S.C. 2680(b)added (2)by H.R. 3838 Sec. 2822(1)
(2) During the period the requirement under subsection (a) is effective, each Secretary of a military department may treat amounts appropriated for military construction used for the recapitalization of existing facilities under the jurisdiction of the Secretary during a given fiscal year as part of the total amount required to be invested under subsection (a)(2) in the budget of the military department for facilities sustainment, restoration, and modernization, except that such military construction funds may not comprise more than 20 percent of such total amount for such fiscal year.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 2680)
10 U.S.C. 2680changedby H.R. 3838 Sec. 2822(2)
(e) Definitions.— In this section:(1) The term covered facility means a facility (as defined in section 2801 of this title), except that such term does not include—(A) a facility identified as closed, disposed of, or scheduled for divestment from the inventory of the Department of Defense;(B) a facility in which the Department does not have a total ownership interest, including—(i) a facility leased by the Department;(ii) a facility in which the Department has a lesser property interest under a governing legal instrument; and(iii) housing constructed or acquired under subchapter IV of chapter 169 of this title; or(C) a facility for which the Department uses—(i) nonappropriated funds; or(ii) amounts appropriated or otherwise made available for military family housing.(2) The term plant replacement value means, with respect to a covered facility, the cost to replace the covered facility using amounts appropriated for facilities sustainment, restoration, and modernization from the following accounts:(A) Operation and maintenance.(B) Military construction.(C) Research, development, test, and evaluation.(D) Working capital funds.
The bill says: by striking subsection (e) and inserting the following:
Bill text · Current law (10 U.S.C. 2680)
10 U.S.C. 2679(e)(4)changedby H.R. 3838 Sec. 2823
The bill says: Section 2679(e)(4) of title 10, United States Code, is amended by striking "September 30, 2025" and inserting "September 30, 2030".
Bill text · Current law (10 U.S.C. 2679)
10 U.S.C. 2679(f)(1)addedby H.R. 3838 Sec. 2824
The bill says: Section 2679(f)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: "The term does include ordnance disposal.".
Bill text · Current law (10 U.S.C. 2679)
10 U.S.C. 2688changedby H.R. 3838 Sec. 2825(1)
The bill says: by striking "of a military department" each place it appears and inserting "concerned";
Bill text · Current law (10 U.S.C. 2688)
10 U.S.C. 2688(h)addedby H.R. 3838 Sec. 2825(2)
The bill says: in subsection (h), by adding at the end the following new sentence: "The Secretary concerned may make such a contribution pursuant to any procurement authority available to such Secretary, including the authority to modify an existing services contract with the entity to which the utility system, or a military construction contract if such contribution is in an amount equal to the total cost of the project."; and
Bill text · Current law (10 U.S.C. 2688)
10 U.S.C. 2688(k)changedby H.R. 3838 Sec. 2825(3)
The bill says: by striking "to carry out a military construction project"; and
Bill text · Current law (10 U.S.C. 2688)
10 U.S.C. 2688(k)added (3)by H.R. 3838 Sec. 2825(3)
(3) The Secretary of Defense or the Secretary concerned may enter into a contract under paragraph (1) pursuant to any procurement authority available to the Secretary, including the authority to modify an existing services contract with the conveyee of the utility system, or a military construction contract, if the total proposed cost of such contract or modification is included in the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
The bill says: by adding at the end the following new paragraph:
Bill text · Current law (10 U.S.C. 2688)
10 U.S.C. 2859repealedby H.R. 3838 Sec. 2826(a)
The bill says: Section 2859 of title 10, United States Code, is repealed.
Bill text · Current law (10 U.S.C. 2859)
Public Law 117-81repealedby H.R. 3838 Sec. 2827
The bill says: Section 2862 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 9771 note prec) is repealed.
Bill text
10 U.S.C. 2920(a)added (5)by H.R. 3838 Sec. 2828
(5) The Secretary shall establish internal processes to support coordination with external regulatory and planning entities involved in grid reliability, transmission infrastructure, and long-term energy planning, in order to assess and mitigate risks to defense-critical installations, advance the energy security objectives of the Department, and comply with statutory mandates under this section.(6) Coordination under paragraph (5)—(A) shall include identification of mission-critical loads and infrastructure dependencies and load profiles at or near military installations; and(B) may include consultation with relevant Federal and non-Federal entities.
The bill says: Section 2920(a) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
Bill text · Current law (10 U.S.C. 2920)
Public Law 108-375(a)changedby H.R. 3838 Sec. 2837(1)
The bill says: by striking "the sole purpose" and inserting "the purpose"; and
Bill text
Public Law 108-375(a)changedby H.R. 3838 Sec. 2837(2)
The bill says: by striking "an upper level (junior, senior, and graduate) university" and inserting "a university, which may include other activities that benefit the community,".
Bill text
Public Law 116-283(g)changedby H.R. 3838 Sec. 2841
The bill says: Section 2833(g) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking "five years" and inserting "10 years".
Bill text
10 U.S.C. 2805(b)(2)changedby H.R. 3838 Sec. 2851(1)
The bill says: by striking "shall notify" and inserting "shall submit, in an electronic medium pursuant to section 480 of this title, to";
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805(b)(2)changedby H.R. 3838 Sec. 2851(2)
The bill says: by inserting "a notification" after "appropriate committees of Congress"; and
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805(b)(2)changedby H.R. 3838 Sec. 2851(3)
The bill says: by striking ", of the justification" and all that follows through "of this title." and inserting "by not later than 90 days after the date on which the Secretary concerned obligates funds for the project. Such notification shall include, with respect to the project, a description, a justification, and an estimation of the total cost to the United States.".
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805(2)changedby H.R. 3838 Sec. 2852(1)
The bill says: in paragraph (2) of subsection (b), by striking "$4,000,000" and inserting "$6,000,000";
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805(d)changedby H.R. 3838 Sec. 2852(2)
The bill says: by striking "$9,000,000" each place it appears and inserting "$20,000,000";
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805(d)(3)changedby H.R. 3838 Sec. 2852(2)
The bill says: in paragraph (3), by inserting "and that costs more than the amount specified in subsection (b)(2)" after "to which this subsection applies";
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805(d)renumberedby H.R. 3838 Sec. 2852(2)
The bill says: by redesignating paragraph (4) as paragraph (6); and
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805(d)added (4)by H.R. 3838 Sec. 2852(2)
(4)(A) The Secretary concerned shall review, on an annual basis, the thresholds for funding specified in this section to determine whether such thresholds should be increased.(B) In making a determination under subparagraph (A), the Secretary of concerned shall consider the UFC 3-701-01 DoD Facilities Pricing Guide.(5) If the Secretary concerned makes a decision to increase a threshold for funding specified in this section, the Secretary concerned shall notify the appropriate committees of Congress of such decision and the facts concerning the increase to such threshold. Such increase may take effect only after the end of the 14-day period beginning on the date the notification is received by such appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.
The bill says: by inserting after paragraph (3) the following new paragraphs:
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805changedby H.R. 3838 Sec. 2852(3)
The bill says: by striking subsection (f) and inserting the following:
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805(a)changedby H.R. 3838 Sec. 2853
The bill says: Section 2810(a) of the National Defense Authorization Act for Fiscal Year 2024 (10 U.S.C. 2805 note) is amended by striking "$30,000,000" and inserting "$50,000,000".
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2805(g)(5)changedby H.R. 3838 Sec. 2854
The bill says: Section 2805(g)(5) of title 10, United States Code, is amended by striking "$150,000,000" and inserting "$300,000,000".
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 2815(a)changedby H.R. 3838 Sec. 2856(1)
The bill says: by inserting ", including unspecified minor military construction projects not otherwise authorized by law," after "military construction projects"; and
Bill text · Current law (10 U.S.C. 2815)
10 U.S.C. 2815(a)changedby H.R. 3838 Sec. 2856(2)
in accordance with—(1) section 2802 of this title (except as provided in subsection (e)); or(2) section 2805 of this title.
The bill says: by striking "in accordance with" and all that follows through the end of the subsection and inserting the following:
Bill text · Current law (10 U.S.C. 2815)
10 U.S.C. 2805added 2805aby H.R. 3838 Sec. 2857(a)
2805a. Pilot program for use of additive manufacturing technologies in unspecified minor construction projects.—(a) Establishment.— The Secretary of Defense, acting through the Secretaries of the military departments, may establish a pilot program to, in accordance with section 2805 of this title, carry out unspecified minor military construction projects using additive manufacturing technology.(b) Designation of official.—(1) The Secretary of Defense shall designate an individual to be responsible for administering the pilot program under this section. Such individual shall establish guidelines and procedures with respect to carrying out unspecified minor military construction projects using additive manufacturing technology pursuant to the pilot program.(2) In developing such guidance and procedures, such individual shall consult with—(A) the Commander of the Naval Facilities Engineering Systems Command, with respect to matters concerning the Department of the Navy; and(B) the Commanding General of the Army Corps of Engineers, with respect to matters concerning the Department of the Army.(c) After-action reviews.—(1) With respect to military construction projects under the jurisdiction of the Department of the Navy carried out pursuant to the pilot program under this section, the Commander of the Naval Facilities Engineering Systems Command shall develop and issue guidance for documenting after-action reviews and validating lessons learned from such military construction projects.(2) With respect to military construction projects under the jurisdiction of the Department of the Army carried out pursuant to the pilot program under this section, the Commanding General of the Army Corps of Engineers shall develop and issue guidance for documenting after-action reviews and validating lessons learned from such military construction projects.(d) Termination date.— The authority of the Secretary of Defense to carry out the pilot program under this section shall terminate on the date that this ten years after the date of the enactment of this section.
The bill says: Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2805 the following new section (and conforming the table of contents at the beginning of such chapter accordingly):
Bill text · Current law (10 U.S.C. 2805)
10 U.S.C. 101(f)(8)changedby H.R. 3838 Sec. 2861(1)
The bill says: by striking "or from" before "anticipated or unanticipated changes in environmental conditions"; and
Bill text · Current law (10 U.S.C. 101)
10 U.S.C. 101(f)(8)changedby H.R. 3838 Sec. 2861(2)
The bill says: by inserting ", energy or water disruptions, or human-induced hazards with respect to the environment" before ", that do".
Bill text · Current law (10 U.S.C. 101)
10 U.S.C. 2685added (f)by H.R. 3838 Sec. 2862
(f) Rule of construction.— Nothing in this section shall be construed to prohibit the Secretary of Defense from using proceeds from commissary store sales or appropriated funds to acquire, lease, construct, convert, expand, improve, repair, maintain, or equip the physical infrastructure of commissary stores and central product processing facilities of the defense commissary system.(g) Annual report on unfunded commissary priorities.—(1) Annually and not later than ten days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Director of the Defense Commissary Agency shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Committees on Armed Services of the Senate and the House of Representatives a report on unfunded priorities of the Department of Defense related to commissary facilities.(2) Each report under paragraph (1) shall include, for each unfunded priority covered by such report, the following:(A) A summary description of such priority, including the objectives to be achieved if such priority were to be funded in whole or in part.(B) The additional amount of funds recommended in connection with the objectives identified under subparagraph (A).(C) Account information with respect to such priority.(3) The Director of the Defense Commissary Agency shall ensure that the unfunded priorities covered by a report under paragraph (1) are listed in the order of urgency, as determined by the Director.(4) In this subsection, the term unfunded priority, with respect to a fiscal year, means an activity related to commissary facilities that—(A) is not funded in the budget of the President for that fiscal year;(B) is necessary to address commissary facilities safety, capacity, usability, and reliability needs; and(C) would have been recommended for funding through such budget if additional resources had been available.
The bill says: Section 2685 of title 10, United States Code, is amended by adding at the end the following:
Bill text · Current law (10 U.S.C. 2685)
Public Law 86-797(a)changedby H.R. 3838 Sec. 2864(a)
The bill says: in the heading, by striking "of Secretary of military department" and inserting "to enter into cooperative agreements"; and
Bill text
Public Law 86-797(a)changedby H.R. 3838 Sec. 2864(a)
The bill says: by striking "of a military department" and inserting "of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy,";
Bill text
Public Law 86-797(b)(1)changedby H.R. 3838 Sec. 2864(a)
The bill says: in paragraph (1), by inserting ", or the Department of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy," after "Department of Defense"; and
Bill text
Public Law 86-797(b)(3)changedby H.R. 3838 Sec. 2864(a)
The bill says: by inserting "or the Secretary of Homeland Security" after "Secretary of Defense"; and
Bill text
Public Law 86-797(b)(3)changedby H.R. 3838 Sec. 2864(a)
The bill says: by striking "congressional defense committees" and inserting "appropriate congressional committees"; and
Bill text
Public Law 86-797added (d)by H.R. 3838 Sec. 2864(a)
(d) Appropriate congressional committees defined.— In this section, the term appropriate congressional committees means—(1) the Committees on Armed Services of the House of Representatives and the Senate;(2) the Committee on Transportation and Infrastructure of the House of Representatives;(3) the Committee on Natural Resources of the House of Representatives; and(4) the Committee on Commerce, Science, and Transportation of the Senate.
The bill says: by adding at the end the following:
Bill text
10 U.S.C. 2684(a)changedby H.R. 3838 Sec. 2864(b)
The bill says: Section 2684(a) of title 10, United States Code, is amended by striking "Secretary of a military department" and inserting "Secretary concerned".
Bill text · Current law (10 U.S.C. 2684)
10 U.S.C. 2684a(a)changedby H.R. 3838 Sec. 2864(c)
The bill says: by striking "Secretary of a military department" and inserting "Secretary concerned"; and
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(a)changedby H.R. 3838 Sec. 2864(c)
The bill says: by striking the comma after "National Guard installation";
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(b)(2)changedby H.R. 3838 Sec. 2864(c)
The bill says: in subsection (b)(2), by striking "concerned";
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(c)changedby H.R. 3838 Sec. 2864(c)
The bill says: in subsection (c), by striking "Secretary of a military department" and inserting "Secretary concerned";
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(e)(4)(D)(i)changedby H.R. 3838 Sec. 2864(c)
The bill says: by inserting "and, with respect to matters concerning the Coast Guard, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate" after "House of Representatives"; and
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(e)(4)(D)(i)(I)changedby H.R. 3838 Sec. 2864(c)
The bill says: in subclause (I), by inserting "concerned" after "Secretary"; and
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(e)(4)(E)(i)changedby H.R. 3838 Sec. 2864(c)
The bill says: in subparagraph (E)(i), by inserting ", the Department of Homeland Security," after "Department of Defense";
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(h)(1)changedby H.R. 3838 Sec. 2864(c)
The bill says: by striking "of the military departments" and inserting "concerned"; and
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(h)(1)changedby H.R. 3838 Sec. 2864(c)
The bill says: by inserting "and, with respect to the Coast Guard, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate" after "House of Representatives"; and
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(h)(2)(F)changedby H.R. 3838 Sec. 2864(c)
The bill says: in paragraph (2)(F), by inserting "or the Secretary of Homeland Security with respect to matters concerning the Coast Guard when the Coast Guard is not operating as a service in the Navy" after "Secretary of Defense";
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(j)changedby H.R. 3838 Sec. 2864(c)
The bill says: in subsection (j), by inserting "Coast Guard," after "Space Force," each place it appears; and
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(k)removedby H.R. 3838 Sec. 2864(c)
The bill says: by striking paragraph (1); and
Bill text · Current law (10 U.S.C. 2684a)
10 U.S.C. 2684a(k)renumberedby H.R. 3838 Sec. 2864(c)
The bill says: by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
Bill text · Current law (10 U.S.C. 2684a)
Public Law 116-283(h)changedby H.R. 3838 Sec. 2879
The bill says: Section 2866(h) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 10 U.S.C. 7771 note prec.) is amended by striking "September 30, 2026" and inserting "September 30, 2030".
Bill text
50 U.S.C. 2538arenumberedby H.R. 3838 Sec. 3111(1)
The bill says: by redesignating subsections (f), (g), and (h) as subsections (g), (i), and (h), respectively;
Bill text · Current law (50 U.S.C. 2538a)
50 U.S.C. 2538a(i)changedby H.R. 3838 Sec. 3111(3)
The bill says: in subsection (i), as so redesignated, by striking "this subsection" and inserting "this section"; and
Bill text · Current law (50 U.S.C. 2538a)
50 U.S.C. 2538aadded (f)by H.R. 3838 Sec. 3111(4)
(f) Capacity.— In carrying out subsection (a), the Secretary of Energy shall—(1) ensure that Los Alamos National Laboratory, Los Alamos, New Mexico, has the ability to reliably produce not less than 30 war reserve plutonium pits annually; and(2) ensure that the Savannah River Plutonium Processing Facility at the Savannah River Site, Aiken, South Carolina, has the ability to reliably produce not less than 50 war reserve plutonium pits annually.
The bill says: by inserting after subsection (e) the following new subsection (f):
Bill text · Current law (50 U.S.C. 2538a)
50 U.S.C. 2521(3)changedby H.R. 3838 Sec. 3112(a)
The bill says: by striking "Periodically" and inserting "Continually"; and
Bill text · Current law (50 U.S.C. 2521)
50 U.S.C. 2521(3)changedby H.R. 3838 Sec. 3112(a)
The bill says: by inserting "integrated system demonstrations, " after "flight testing,"; and
Bill text · Current law (50 U.S.C. 2521)
50 U.S.C. 2521(4)changedby H.R. 3838 Sec. 3112(a)
The bill says: by striking "Shorten" and inserting "Develop technologies for transition to a nuclear stockpile life extension program or new nuclear weapon program project that have the potential to reduce"; and
Bill text · Current law (50 U.S.C. 2521)
50 U.S.C. 2521(4)changedby H.R. 3838 Sec. 3112(a)
The bill says: by striking "and timelines to minimize" and all that follows through the end of the paragraph and inserting "cost and schedule"; and
Bill text · Current law (50 U.S.C. 2521)
50 U.S.C. 2521added 4225by H.R. 3838 Sec. 3112(a)
4225 Rapid capabilities program.—(a) In general.— The Secretary of Energy, acting through the Administrator and in coordination with the Secretary of Defense, shall carry out a program (to be known as the "rapid capabilities program") to develop new nuclear weapons or modified nuclear weapons that meet military requirements.(b) Objectives.— The program under subsection (a) shall have the following objectives:(1) Identify and assess potential design concepts for rapid development feasability.(2) Carry out projects with the goal of achieving first production unit within 5 years of project initiation.(3) Utilize non-traditional approaches, system-specific requirements, and tailored risk-acceptance processes to favorably balance cost, schedule, and capability.(4) Maximize reuse of existing components, non-serial manufacturing, and limited production quantities.(5) Minimize distribution to other major nuclear weapons stockpile modernization programs.(6) Develop institutional expertise within the nuclear security enterprise for rapid execution of all phases for the joint nuclear weapons life cycle process.(c) Program budget.— In accordance with the requirements under section 4209, for each budget submitted by the President to Congress under section 1105 of title 31, United States Code, the amounts requested for the program under this section shall be clearly identified in the budget justification materials submitted to Congress in support of that budget.(d) Joint nuclear weapons life cycle process defined.— In this section, the term joint nuclear weapons life cycle process means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.
The bill says: by adding at the end of the following new section:
Bill text · Current law (50 U.S.C. 2521)
50 U.S.C. 2523(b)removedby H.R. 3838 Sec. 3121(1)
The bill says: by striking paragraph (1);
Bill text · Current law (50 U.S.C. 2523)
50 U.S.C. 2523(b)renumberedby H.R. 3838 Sec. 3121(1)
The bill says: by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and
Bill text · Current law (50 U.S.C. 2523)
50 U.S.C. 2523(b)(1)changedby H.R. 3838 Sec. 3121(1)
The bill says: by striking "subsection (d)" and inserting "subsection (c)";
Bill text · Current law (50 U.S.C. 2523)
50 U.S.C. 2523(b)(1)changedby H.R. 3838 Sec. 3121(1)
The bill says: by striking "March 15 of each odd-numbered year" and inserting "45 days after each date on which a budget for an odd-numbered fiscal year is submitted to Congress"; and
Bill text · Current law (50 U.S.C. 2523)
50 U.S.C. 2523(b)(2)changedby H.R. 3838 Sec. 3121(1)
The bill says: in paragraph (2), as so redesignated, by striking "summaries and reports" and inserting "report";
Bill text · Current law (50 U.S.C. 2523)
50 U.S.C. 2523removedby H.R. 3838 Sec. 3121(2)
The bill says: by striking subsection (c);
Bill text · Current law (50 U.S.C. 2523)
50 U.S.C. 2523renumberedby H.R. 3838 Sec. 3121(3)
The bill says: by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; and
Bill text · Current law (50 U.S.C. 2523)
50 U.S.C. 2523changedby H.R. 3838 Sec. 3121(4)
The bill says: in subsections (c) and (d), as so redesignated, by striking "subsection (b)(2)" each place it appears and inserting "subsection (b)(1)".
Bill text · Current law (50 U.S.C. 2523)
50 U.S.C. 2812(b)(2)changedby H.R. 3838 Sec. 3126(a)
The bill says: in paragraph (2) by striking "; and";
Bill text · Current law (50 U.S.C. 2812)
50 U.S.C. 2812(b)renumberedby H.R. 3838 Sec. 3126(a)
The bill says: by redesignating paragraph (3) as paragraph (4); and
Bill text · Current law (50 U.S.C. 2812)
50 U.S.C. 2812(b)added (3)by H.R. 3838 Sec. 3126(a)
(3) demonstration of novel construction techniques, materials, processes and systems to replace obsolete or aging manufacturing facilities and site infrastructure; and
The bill says: by inserting after paragraph (2), the following new paragraph (3):
Bill text · Current law (50 U.S.C. 2812)
50 U.S.C. 2812added (c)by H.R. 3838 Sec. 3126(a)
(c) Authority of the Administrator to carry out certain prototype projects.—(1) In carrying out this section, the Administrator may exercise the same authority to enter into transactions (other than contracts, cooperative agreements, and grants), subject to the same terms and conditions as the Secretary of Defense and the Secretaries of the military departments under section 4022 of title 10 (other than subsection (i) of that section), as amended from time to time.(2) In applying section 4022 of title 10 to the Administrator under paragraph (1)—(A) the terms "Department of Defense" and "Department" shall be replaced by the term "National Nuclear Security Administration";(B) the phrase "to improvement of platforms, systems, components, or materials in use by the armed forces" shall be replaced by "are directly relevant to improvement of manufacturing technologies, production facilities and related site infrastructure at nuclear weapons production facilities";(C) the term "follow-on production" shall be replaced by the term "follow-on activity";(D) the phrase "a covered official" shall be replaced by the phrase "the senior procurement executive for the Administration";(E) the term "Secretary of Defense" shall be replaced by the term "Administrator";(F) the phrase "chapter 221 of this title" shall be replaced by the phrase "chapter 33 of title 41";(G) the phrase "chapter 137 of this title" shall be replaced by the phrase "Division C of Subtitle I of title 41"; and(H) subsection (d)(6) is amended to read as follows:"The term "follow-on activity contract or transaction" means a contract or transaction to further develop, test, produce, license, deploy, operate, maintain or sustain a capability that was successfully developed under the authority established in subsection (a).(3) The authority of the Administrator under paragraph (1) shall not be subject to section 16352 of title 42.
The bill says: by adding at the end the following new subsection—
Bill text · Current law (50 U.S.C. 2812)
46 U.S.C. 54301(a)(3)(A)(ii)(III)changedby H.R. 3838 Sec. 3511(1)
The bill says: by striking "including projects to improve port resilience;" and inserting "including—"; and
Bill text · Current law (46 U.S.C. 54301)
46 U.S.C. 54301(a)(3)(A)(ii)(III)added (aa)by H.R. 3838 Sec. 3511(2)
(aa) projects to improve port resilience; and(bb) projects to upgrade or replace port cranes or parts of port cranes (including hardware and software) that—(AA) were installed or provided by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China; or(BB) are maintained, controlled, or sponsored by the People's Republic of China or any department, ministry, center, agency, or instrumentality of the Government of the People's Republic of China;
The bill says: by adding at the end the following new items:
Bill text · Current law (46 U.S.C. 54301)
33 U.S.C. 1504(a)changedby H.R. 3838 Sec. 3512(a)
The bill says: Section 5(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(a)) is amended by striking the first sentence and inserting "Notwithstanding section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)), the Secretary shall have the authority to issue regulations to carry out the purposes and provisions of this Act, in accordance with the provisions of section 553 of title 5, United States Code, without regard to subsection (a) thereof.".
Bill text · Current law (33 U.S.C. 1504)
33 U.S.C. 1504changedby H.R. 3838 Sec. 3512(b)
(f) NEPA compliance.—(1) Definition of lead agency.— In this subsection, the term lead agency has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).(2) Lead agency.—(A) In general.— For all applications, the Department of Transportation shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).(B) Effect of compliance.— Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to this Act.
The bill says: Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by striking subsection (f) and inserting the following:
Bill text · Current law (33 U.S.C. 1504)
46 U.S.C. 55305(a)changedby H.R. 3838 Sec. 3532(1)
The bill says: in subsection (a) by striking "When the United States Government" and inserting "Except as provided in subsection ( c), when the United States Government";
Bill text · Current law (46 U.S.C. 55305)
46 U.S.C. 55305renumberedby H.R. 3838 Sec. 3532(2)
The bill says: by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and
Bill text · Current law (46 U.S.C. 55305)
46 U.S.C. 55305added (c)by H.R. 3838 Sec. 3532(3)
(c) Exception.— When the Department of Transportation procures, contracts for, or otherwise obtains for its own account, or provides financing in any way with Federal funds or advances funds or credits, for the furnishing or obtaining of the equipment, materials, or commodities, the Secretary of Transportation or recipient of such financing shall take steps necessary and practicable to ensure that 100 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent such vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas.
The bill says: by inserting after subsection (b) the following:
Bill text · Current law (46 U.S.C. 55305)
12 U.S.C. 411added (18)by H.R. 3838 Sec. 5102
(18)(A) A Federal reserve bank may not—(i) offer financial products or services directly to an individual;(ii) maintain an account on behalf of an individual; or(iii) issue a central bank digital currency, or any digital asset that is substantially similar under any other name or label.(B) In this paragraph, the term central bank digital currency has the meaning given that term under section 10(11)(D).
The bill says: Section 16 of the Federal Reserve Act (12 U.S.C. 411 et seq.) is amended by adding at the end the following new paragraph:
Bill text · Current law (12 U.S.C. 411)
12 U.S.C. 241added (11)by H.R. 3838 Sec. 5104
(11) Prohibition with respect to central bank digital currency.—(A) In general.— The Board of Governors of the Federal Reserve System may not test, study, develop, create, or implement a central bank digital currency, or any digital asset that is substantially similar under any other name or label.(B) Monetary policy.— The Board of Governors of the Federal Reserve System and the Federal Open Market Committee may not use a central bank digital currency to implement monetary policy, or any digital asset that is substantially similar under any other name or label.(C) Exception.— Subparagraph (A) and sections 16(18)(A)(iii) and 16(19)(A) may not be construed to prohibit any dollar-denominated currency that is open, permissionless, and private, and fully preserves the privacy protections of United States coins and physical currency.(D) Central bank digital currency defined.— In this paragraph, the term central bank digital currency means a form of digital money or monetary value that is—(i) denominated in the national unit of account;(ii) a direct liability of the Federal Reserve System; and(iii) widely available to the general public.
The bill says: Section 10 of the Federal Reserve Act (12 U.S.C. 241 et seq.) is amended by inserting before paragraph (12) the following:
Bill text · Current law (12 U.S.C. 241)
14 U.S.C. 4902changedby H.R. 3838 Sec. 6102(1)
The bill says: in the matter preceding paragraph (1) by striking "fiscal years 2022 and 2023" and inserting "fiscal years 2025, 2026, 2027, 2028, and 2029";
Bill text · Current law (14 U.S.C. 4902)
14 U.S.C. 4902(1)(A)changedby H.R. 3838 Sec. 6102(2)
(i) $11,287,500,000 for fiscal year 2025;(ii) $11,851,875,000 for fiscal year 2026;(iii) $13,500,000,000 for fiscal year 2027;(iv) $14,500,000,000 for fiscal year 2028; and(v) $15,500,000,000 for fiscal year 2029.
The bill says: in subparagraph (A) by striking clauses (i) and (ii) and inserting the following:
Bill text · Current law (14 U.S.C. 4902)
14 U.S.C. 4902(1)(B)changedby H.R. 3838 Sec. 6102(2)
The bill says: in subparagraph (B) by striking "$23,456,000" and inserting "$25,570,000"; and
Bill text · Current law (14 U.S.C. 4902)
14 U.S.C. 4902(1)(C)changedby H.R. 3838 Sec. 6102(2)
The bill says: in subparagraph (C) by striking "subparagraph (A)(ii), $24,353,000" and inserting "clauses (ii), (iii), (iv), and (v) of subparagraph (A), respectively, $26,848,500";
Bill text · Current law (14 U.S.C. 4902)
14 U.S.C. 4902(2)(A)changedby H.R. 3838 Sec. 6102(3)
(i) $3,627,600,000 for fiscal year 2025;(ii) $3,651,480,000 for fiscal year 2026;(iii) $3,700,000,000 for fiscal year 2027;(iv) $3,750,000,000 for fiscal year 2028; and(v) $3,800,000,000 for fiscal year 2029.
The bill says: in paragraph (2)(A) by striking clauses (i) and (ii) and inserting the following:
Bill text · Current law (14 U.S.C. 4902)
14 U.S.C. 4902changedby H.R. 3838 Sec. 6102(4)
(4) For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for purposes of retired pay, payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10—(A) $1,147,244,000 for fiscal year 2025;(B) $1,057,929,000 for fiscal year 2026;(C) $1,215,000,000 for fiscal year 2027;(D) $1,380,000,000 for fiscal year 2028; and(E) $1,650,000,000 for fiscal year 2029.
The bill says: by striking paragraph (4) and inserting the following:
Bill text · Current law (14 U.S.C. 4902)