National Defense Authorization Act for Fiscal Year 2024
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
This title authorizes appropriations for the acquisition or modification of various military items (such as aircraft, ships, tracked combat vehicles, missiles, and ammunition) and sets policy for certain procurement programs of the Department of Defense (DOD).
Subtitle A--Authorization of Appropriations
(Sec. 101) This section authorizes appropriations for FY2024 for procurement for the Army, the Navy, the Marine Corps, the Air Force, the Space Force, and DOD-wide activities.
Subtitle B--Army Programs
(Sec. 111) This section limits the Army from obligating more than 75% of FY2024 funds authorized for the Trackless Moving Target program-Infantry variant until the Department of the Army conducts an assessment of the program and reports to Congress.
(Sec. 112) This section requires the Department of the Army to submit a strategy for its tactical wheeled vehicle program with DOD’s budget justification materials for FY2025, FY2030, and FY2035.
(Sec. 113) The Department of the Army must conduct a review of the proposed re-competition of contracts for operational task orders of geographic combatant commanders under the LOGCAP V contract.
Subtitle C--Navy Programs
(Sec. 121) This section eliminates a requirement for the Navy to maintain a 10th carrier air wing under certain conditions.
(Sec. 122) This section extends the restriction on the Department of the Navy expending funds to procure legacy waterborne security barriers for Navy ports.
(Sec. 123) This section authorizes the Department of the Navy to enter into multiyear procurement contracts for 13 Virginia class attack submarines. The Department of the Navy may enter into certain advanced procurement contracts for equipment and subsystems associated with the Virginia class submarines.
(Sec. 124) This section authorizes the Department of the Navy to procure up to six Auxiliary Personnel Lighter class vessels and associated material.
(Sec. 125) DOD shall upgrade not fewer than 24 V-22 aircraft under the V-22 nacelle improvement program.
(Sec. 126) This section allows solicitation for government-operated dry docks in the Department of the Navy’s award of a contract for private sector non-nuclear surface ship maintenance in San Diego, California, only if there is insufficient capacity at privately operated dry docks.
(Sec. 127) This section requires the Department of the Navy to periodically report to Congress on the use of government docks for ship repair and maintenance.
Subtitle D--Air Force Programs
(Sec. 131) The Department of the Air Force may not retire more than 68 F-15E aircraft or reduce their associated personnel and weapons system activities through FY2029.
(Sec. 132) This section prohibits through FY2028 the Department of the Air Force from retiring RQ-4 Global Hawk unmanned aerial vehicles or reducing the fleet below 10 aircraft.
(Sec. 133) This section provides for a temporary exception to statutory minimum numbers of Air Force fighter aircraft during FY2024.
(Sec. 134) This section extends through FY2024 (1) a requirement for the Department of the Air Force to maintain a minimum of 271 C-130 aircraft, and (2) a prohibition on reducing the total number of C-130 aircraft assigned to the National Guard.
(Sec. 135) This section extends through 2033 a requirement for the Office of the Assistant Secretary of the Air Force for Acquisition, Technology and Logistics to report to Congress annually on the acquisition of the T-7A Advanced Pilot Training System and requires the report to include a schedule risk assessment.
(Sec. 136) This section extends a prohibition on reducing the number of B-1 bomber aircraft through FY2026. The Department of the Air Force may retire a certain B-1 bomber as an exception due to damage sustained by that individual aircraft.
(Sec. 137) The minimum required number of A-10 aircraft that the Department of the Air Force must maintain in its inventory is reduced from 153 to 135.
(Sec. 138) The Department of the Air Force must procure up to six over-the-horizon radar systems that meet the requirements of U.S. Northern Command.
(Sec. 139) This section prohibits the use of FY2024 funds to retire any KC-135 aircraft.
(Sec. 140) This section prohibits the use of FY2024 funds to reduce the number of KC-135 aircraft in the reserve components.
(Sec. 141) The Department of the Air Force may not issue an acquisition strategy for the KC-135 recapitalization program until it submits to Congress an updated tanker roadmap timeline to include procurement of the Next Generation Air Refueling System and a business case analysis for the program.
(Sec. 142) This section prohibits the use of FY2024 funds to retire E-3 Airborne Warning and Control System (AWACS) aircraft to a fleet size below 16 until the Department of the Air Force (1) submits a plan to Congress for maintaining mission readiness with a reduced fleet, or (2) procures sufficient numbers of E-7 Wedgetail aircraft to accomplish the required mission load.
(Sec. 143) This section prohibits the use of FY2024 funds to terminate production lines for HH-60W Combat Rescue Helicopters.
(Sec. 144) The Department of the Air Force may not retire any F-16C/D aircraft until 180 days after submitting a report to Congress on long-term fighter force structure.
(Sec. 145) This section limits the Department of the Air Force from procuring more than six KC-47A aircraft under its current contract unless certain conditions are met.
(Sec. 146) The Department of the Air Force may not incorporate version 2.0 of the KC-47A aircraft remote vision system until it identifies a solution to all major deficiencies with the system.
(Sec. 147) This section limits the Department of the Air Force from retiring T-1A training aircraft until the department certifies the implementation of the Undergraduate Pilot Training 2.5 curriculum.
(Sec. 148) The Department of the Air Force shall develop a long-term tactical fighter force structure, recapitalization, training, and sustainment plan for the active and reserve components of the Air Force.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
(Sec. 151) DOD must report to Congress each fiscal year regarding any major weapon systems proposed to be divested, re-prioritized, or retired.
(Sec. 152) This section authorizes DOD to enter into multiyear contracts for the procurement of critical minerals that are processed in the United States by domestic sources.
(Sec. 153) DOD may not include in a solicitation for a tactical tracked vehicle or a tactical wheeled vehicle a requirement to use proprietary armor.
(Sec. 154) Beginning FY2027, DOD may not procure batteries produced by specified Chinese-owned entities.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
This title authorizes appropriations for research, development, test, and evaluation (RDT&E) and sets policy for certain RDT&E activities, such as microelectronics and artificial intelligence.
Subtitle A--Authorization of Appropriations
(Sec. 201) This section authorizes FY2024 appropriations for DOD RDT&E.
Subtitle B--Program Requirements, Restrictions, and Limitations
(Sec. 211) DOD must submit an annual report to Congress on unfunded priorities for the Office of the Under Secretary of Defense for Research and Engineering (OUSD(R&E)).
(Sec. 212) This section authorizes the delegation of authority for waiving the informed consent requirement for research involving a human being as an experimental subject to advance development of medical products necessary to the Armed Forces to the OUSD(R&E).
(Sec. 213) This section expands certain DOD incentives to attract experts in science and engineering by allowing the Defense Advanced Research Projects Agency (DARPA) to hire more managers and administrative personnel without regard to Title 5 restrictions and to offer appointees under the program travel, transportation, and relocation benefits upon separation.
(Sec. 214) This section expands the definition of a partnership intermediary for purposes of supporting cooperative or joint activities of DOD Centers for Science, Technology, and Engineering activities with industry or academic institutions to include entities that (1) facilitate technology transfer from industry or academic institutions to centers; or (2) assist and facilitate workforce development in critical technology areas to fulfill unmet needs of a center.
(Sec. 215) This section establishes a Naval Air Warfare Rapid Capabilities Office in the Department of the Navy to contribute to the rapid experimentation, development, testing, and fielding of new naval aviation weapons and airborne electronic warfare capabilities.
(Sec. 216) This section expands the activities which DOD shall support for the development of a network of bioindustrial manufacturing facilities to include research on pharmaceutical biologics and associated precursor materials.
(Sec. 217) This section removes the Navy as the resource sponsor of the Advanced Sensors Application Program and establishes the Air Force Concepts, Development and Management Office as resource sponsor.
(Sec. 218) DOD must update its hypersonics testing strategy not less than every two years through 2030 and shall conduct a study to evaluate at least two potential hypersonic test ranges in the United States.
(Sec. 219) DOD may (1) carry out a program of fellowships in quantum information science and technology research and development, and (2) partner with universities as part of DOD’s quantum information science and technology research and development program.
(Sec. 220) DOD must seek to establish public-private talent exchange programs with private sector entities working on quantum information sciences and technology research applications.
(Sec. 221) The OUSD(R&E) may contract with eligible entities to assist institutions of higher education in protecting sensitive research performed on behalf of DOD.
(Sec. 222) This section authorizes DOD to provide funds to sustain U.S. participation in the NATO Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative.
(Sec. 223) DOD shall establish a consortium to facilitate the use of additive manufacturing in developing capabilities for DOD.
(Sec. 224) The Departments of the Air Force and the Navy must submit to Congress and the Government Accountability Office (GAO) certain program accountability matrices related to the Next Generation Air Dominance family of systems.
(Sec. 225) This section designates all Block 4 and Technical Refresh-3 elements of the F-35 aircraft acquisition program to be a single major subprogram. Additionally, two F-35A aircraft, two F-35B aircraft, and two F-35C aircraft are to be manufactured to support future F-35 developmental testing activities.
(Sec. 226) The Departments of the Air Force and the Navy must establish requirements for the propulsion, power and cooling, thermal management, and electrical power systems of F-35 aircraft to support the F-35’s planned service life and upgrades.
(Sec. 227) DOD shall assess the feasibility and advisability of establishing a new University Affiliated Research Center (UARC) or expanding an existing UARC for critical materials and submit a recommendation and implementation plan to Congress.
(Sec. 228) DOD must develop and implement policies to adapt Link 16 system management and certification to align with agile development practices. Link 16 is a communication protocol used for military tactical data by the U.S. and NATO.
(Sec. 229) DOD or a military department may use rapid acquisition and funding authorities for up to one year to (1) leverage an emergent technological advancement of value to address a military service need, or (2) provide a rapid response to an emerging threat identified by a military service.
(Sec. 230) The Office of the Assistant Secretary of the Air Force for Acquisition, Technology and Logistics shall carry out a pilot program to (1) identify prototypes under development that have the potential to be developed into commercial products, and (2) provide support to qualified entities on projects to commercialize such prototypes.
(Sec. 231) DOD may carry out a pilot program to test and evaluate how quantum and quantum-hybrid applications may be used to solve near-term challenges and provide capabilities. DOD must periodically report to Congress on the program.
(Sec. 232) The Department of the Army shall carry out a pilot program to facilitate a contract between the Ground Vehicle Systems Center of the Army and a nonprofit research institute in order to improve the center’s ability to access advanced technology developed by a small business.
(Sec. 233) The Office of the Secretary of the Army may not spend more than 70% of funds authorized for travel of persons until it submits to Congress an analysis of alternatives for the Future Attack Reconnaissance Aircraft program.
Subtitle C--Energetics and Other Munitions Matters
(Sec. 241) DOD shall establish a Joint Energetics Transition Office. (Energetic materials are chemicals used as propellants and explosives in munitions.) The office shall develop and periodically update an energetic materials strategic plan and investment strategy for both legacy and new energetic materials.
(Sec. 242) This section requires DOD to ensure that lethality is considered in any analysis of alternatives conducted prior to issuing a capability development document for procuring new munitions or modifying existing munitions.
(Sec. 243) This section requires DOD to carry out a pilot program incorporating the CL20 compound as the energetic material for the main fill in the warheads or propellants of three weapon systems under development. The purpose of the pilot program is to determine cost, schedule, and lethality performance parameters for such systems.
(Sec. 244) DOD may not procure chemical materials for munitions from China, Russia, Iran, or North Korea.
(Sec. 245) The Office of the Under Secretary for Defense for Acquisition and Sustainment, in coordination with the military departments, may establish a reserve of long-lead items and components to accelerate the delivery of munitions and may enter into certain advance procurement contracts.
Subtitle D--Plans, Reports, and Other Matters
(Sec. 251) This section requires DOD to brief Congress after making modifications to department directives relating to autonomy in weapons systems.
(Sec. 252) The DOD Office of Inspector General must conduct a study and report to Congress on the amount of federal funds awarded by DOD that (1) directly or indirectly went to certain Chinese entities, or (2) was used for research or experiments that could have resulted in the enhancement of any pathogen of pandemic potential.
(Sec. 253) DOD shall, at least annually, report to Congress on the status of an implementation plan (required in current law) for DOD to promote and maintain digital expertise and software development as core competencies of its workforce.
TITLE III--OPERATION AND MAINTENANCE
This title authorizes appropriations for operation and maintenance (O&M) and sets policy for certain O&M programs, such as environmental restoration programs and the treatment of perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Subtitle A--Authorization of Appropriations
(Sec. 301) This section authorizes appropriations for FY2024 for DOD O&M.
Subtitle B--Energy and Environment
(Sec. 311) This section modifies the Sentinel Landscapes Partnership, a program in which government agencies work with private entities and landowners to advance sustainable land management practices around military installations and ranges, including to allow additional federal agencies to participate as full partners.
(Sec. 312) This section expands the scope of DOD’s environmental restoration program to include all National Guard facilities, regardless of ownership or whether the facility is under the jurisdiction of DOD or a military department.
(Sec. 313) This section modifies DOD authority for installation commanders to obtain technical assistance for environmental restoration activities, including to allow such assistance to be sought at the request of communities or individuals. It also authorizes installation commanders to obtain certain services, such as interpreting site-related documents and health information, as part of such technical assistance.
(Sec. 314) This section authorizes DOD or the military departments to coordinate with other federal departments, the Army National Guard, or the Air National Guard when entering into agreements or undertaking projects to address the use or development of real property in the vicinity of, or ecologically related to, a military installation.
(Sec. 315) This section grants the Under Secretary of Defense for Acquisition and Sustainment authority, not to be delegated, to waive fuel efficiency as a key performance parameter for certain systems.
(Sec. 316) This section adds hydrogen creation, storage, and power generation technologies using natural gas or renewable energy to eligible prototype and demonstration projects for energy resilience at certain military installations.
(Sec. 317) The Department of the Navy shall transfer certain funds to the Hazardous Substance Superfund and to California for a penalty assessed by the Environmental Protection Agency regarding Naval Air Station Moffett Field, California.
(Sec. 318) This section prohibits DOD from requiring nontraditional defense contractors to disclose greenhouse gas emissions unless necessary to verify a voluntary disclosure. DOD may not require other defense contractors to disclose greenhouse gas emissions for one year.
(Sec. 319) DOD and the military services may not deploy nontactical electric, hydrogen-powered, or advanced biofuel-powered vehicles to a military installation until sufficient support infrastructure is in place.
(Sec. 320) This section prohibits DOD from providing funds made available for any operational energy program to any entity owned or with ties to Russia or the Chinese Communist Party.
(Sec. 321) DOD must submit periodic reports to Congress through 2029 on the schedule and cost estimates of testing and remediation efforts for perfluoroalkyl and polyfluoroalkyl substances (PFAS) at military installations.
Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances
(Sec. 331) This section establishes 2029 as the end of the requirement in current law for DOD to submit periodic reports to Congress on the activities of the PFAS task force.
(Sec. 332) DOD must submit a budget justification document, concurrent with the annual budget submission, consolidating all information related to PFAS activities.
(Sec. 333) This section authorizes a transfer of funds from DOD to the Department of Health and Human Services to pay for a study on the health implications of PFAS in the drinking water.
(Sec. 334) This section authorizes DOD to award cash prizes and other types of prizes to recognize outstanding achievements in developing technology to thermally destroy PFAS materials.
(Sec. 335) This section authorizes DOD to treat materials contaminated with PFAS through any remediation or disposal technology approved by the Environm