National Defense Authorization Act for Fiscal Year 2024

What S. 2226 does, in plain terms

National Defense Authorization Act for Fiscal Year 2024 This bill authorizes FY2024 appropriations and sets forth policies for Department of Defense (DOD) programs and activities, military construction, the national security programs of the Department of Energy (DOE), and the Maritime Administration, as well as the Department of State and the Central Intelligence Agency (CIA). It also authorizes appropriations for the Defense Nuclear Safety Board and the Naval Petroleum Reserves, and sets policy for several other agencies, including the Department of Homeland Security (DHS). The bill authorizes appropriations, but it does not provide budget authority, which is provided by appropriations legislation. For additional information on the National Defense Authorization Act (NDAA) see CRS In Focus IF10516, Defense Primer: Navigating the NDAA, CRS In Focus IF10515, Defense Primer: The NDAA Process, and CRS Insight IN12210, FY2024 NDAA: Status of Legislative Activity. TITLE I--PROCUREMENT This title authorizes appropriations for the acquisition or modification of various military items (such as aircraft, ships, tracked combat vehicles, missiles, and ammunition) and sets policy for certain procurement programs. Below are some examples of provisions in this title. Sec. 113 requires the Army to submit a strategy for FY2025 and every five years afterwards for its tactical wheeled vehicle program. Sec. 123 authorizes the Navy to enter into multiyear procurement contracts for 10 Virginia class attack submarines. Sec. 131 prohibits the Air Force from retiring RQ-4 Global Hawk unmanned aerial vehicles until after the end of FY2028 and limits the Air Force from reducing the fleet below 10 aircraft. Sec. 132 limits the Air Force from retiring T-1A training aircraft until the Air Force certifies the implementation of the Undergraduate Pilot Training 2.5 curriculum. Sec. 133 reduces the minimum number of A-10 aircraft that the Air Force must maintain. Sec. 134 reduces the total minimum number of fighter aircraft that the Air Force must maintain. Sec. 137 prohibits the Air Force from retiring E-3 Airborne Warning and Control System (AWACS) aircraft to a fleet size below 16 until the Air Force (1) submits a plan to Congress for maintaining mission readiness with a reduced fleet, or (2) procures sufficient numbers of E-7 Wedgetail aircraft to accomplish the required mission load. Sec. 142 requires DOD to develop and implement a department-wide datalink strategy. For additional information see CRS In Focus IF10599, Defense Primer: Procurement, CRS Report RL32418, Navy Virginia-Class Submarine Program and AUKUS Submarine Proposal: Background and Issues for Congress, CRS Report R47188, Unmanned Aircraft Systems: Roles, Missions, and Future Concepts, and CRS Report R41909, Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION This title authorizes appropriations for research, development, test, and evaluation (RDT&E) and sets policy for certain RDT&E activities, such as microelectronics and artificial intelligence. Below are some examples of provisions in this title. Sec. 211 requires DOD to ensure that military acquisition program guidance for major defense acquisition programs and middle-tier acquisition programs integrates planning for exportability features. Exportability refers to technology protection features in defense systems developed early in acquisition life cycles to facilitate earlier foreign sales. Sec. 212 authorizes DOD to provide funds to sustain U.S. participation in the NATO Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative. Sec. 214 removes the Navy as the resource sponsor of the Advanced Sensors Application Program and establishes the Air Force as resource sponsor, in consultation with the Navy. Sec. 216 requires DOD to establish a program within the National Security Agency to determine standards and requirements in procuring commercial-off-the-shelf microelectronics, field programmable gate arrays, and custom integrated circuits. Sec. 218 requires DOD to establish a competition to award cash prizes and other types of prizes to evaluate technologies for the detection and watermarking of generative artificial intelligence (AI). Sec. 221 requires DOD to award cash prizes and other types of prizes to support DOD business modernization goals. When carrying out the competition to award such prizes, DOD must consider various areas, such as (1) integration of artificial intelligence or machine learning capabilities; (2) data analytics or business intelligence, or related visualization capability (3) automated updating of business architecture, business systems integration, or documentation related to existing systems or manuals; (4) updates or replacements for legacy systems; and (5) systems supporting industrial base and supply chain visibility. Sec. 229 authorizes Air Force Global Strike Command to establish a program for technology transition for the Air Force nuclear enterprise. The U.S. Air Force nuclear enterprise consists of people, processes, procedures, and systems to conduct, execute, and support nuclear weapon systems and operations. For additional information see CRS In Focus IF10553, Defense Primer: RDT&E, CRS Report R45403, The Global Research and Development Landscape and Implications for the Department of Defense, CRS In Focus IF11333, Deep Fakes and National Security, and CRS Report R45178, Artificial Intelligence and National Security. TITLE III--OPERATION AND MAINTENANCE This title authorizes appropriations for operation and maintenance (O&M) and sets policy for certain O&M programs, such as sustainable aviation fuel and the treatment of perfluoroalkyl and polyfluoroalkyl substances (PFAS). Below are some examples of provisions in this title. Sec. 312 expands the number of federal agencies that may take part in the Sentinel Landscapes Partnership, a program in which government agencies work with private entities and landowners to advance sustainable land management practices around military installations and ranges. Sec. 313 modifies and adds definitions for various terms associated with DOD's pilot program on sustainable aviation fuel. Sec. 315 requires DOD to provide technical assistance to communities and individuals potentially affected by pollutant releases at current and former DOD facilities. The section also authorizes grants for technical assistance in those communities. Sec. 321 authorizes DOD to treat materials contaminated with PFAS if the treatment occurs through remediation or disposal technology approved by the relevant Federal regulatory agency, until the Environmental Protection Agency publishes a final rule on destruction and disposal of such materials. Sec. 324 limits the Office of the Under Secretary of Defense for Acquisition and Sustainment from using a portion of its travel funds until the office submits to Congress a plan to restore data sharing pertaining to the testing of water for PFAS. Sec. 328 requires the Government Accountability Office (GAO) to report on DOD's efforts to test and remediate PFAS contamination on current or former military installations. Sec. 331 requires DOD to establish a pilot program to evaluate and assess military installations for cyber resiliency. The pilot program shall also address other issues, such as (1) how to prioritize the restoration of power, water, and telecommunications in case of an attack; and (2) recommend priorities for the order of recovery for the installation in the case of a significant cyberattack. Sec. 332 requires the Navy to develop and implement a strategy to utilize automation and artificial intelligence in shipyards. Sec. 352 prohibits U.S. Special Operations Command from retiring U-28 aircraft until it certifies to Congress that its intelligence, surveillance, and reconnaissance capacity and capability, in a DOD estimate of its programs in its future-years defense program (FYDP), is equal to or greater than that provided by the current fleet of U-28 aircraft. Sec. 357 limits the Navy in spending more than 50% of its Administration and Service-wide Activities account for FY2024 until it submits to Congress a 30-year shipbuilding plan that maintains at least 31 amphibious warships. For additional information see CRS Report R47171, Sustainable Aviation Fuel (SAF): In Brief, CRS In Focus IF10537, Defense Primer: Cyberspace Operations, and CRS Report RL32665, Navy Force Structure and Shipbuilding Plans: Background and Information for Congress. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS This title authorizes appropriations for military personnel and sets active component and reserve component end-strength levels. Below are some examples of provisions in this title. Sec. 401 authorizes the maximum number of active duty personnel as of September 30, 2024, for each of the armed forces as follows: o Army - 452,000, o Navy - 342,000, o Marine Corps - 172,300, o Air Force - 320,000, and o Space Force - 9,400. Sec. 411 authorizes the maximum number of Selected Reserve personnel as of September 30, 2024, for each of the reserve components: o Army National Guard - 325,000, o Army Reserve - 174,800, o Navy Reserve - 57,200, o Marine Corps Reserve - 33,600, o Air National Guard of the United States - 105,000, o Air Force Reserve - 69,600, and o Coast Guard Reserve - 7,000. TITLE V--MILITARY PERSONNEL POLICY This title sets policy regarding military personnel, including officer personnel policy, promotions, assignments, junior reserve officers' training corps, and recruiting. Below are some examples of provisions in this title. Sec. 506 makes permanent the authority of military departments to order military retirees to active duty if they agree to serve in certain high-demand or critical positions. Sec. 513 allows DOD to vary the duration of appointments for seven senior military officers (the Chairman and Vice Chairman of the Joint Chiefs of Staff, and each of the Service Chiefs) by up to six months in the interests of national defense or to ensure appropriate staggering of terms. Sec. 525 specifies that the Vice Chief of the National Guard Bureau shall hold the grade of General. (This position currently carries the grade of Lieutenant General, as set by executive branch determination.) Sec. 535 prohibits DOD from requiring any member of the armed forces, military dependent, or DOD civilian employee to affirm that any sex, race, ethnicity, religion, or national origin is inherently superior or inferior. This section also requires that all DOD personnel actions (such as accessions, promotions, and assignments) be based exclusively on individual merit and demonstrated performance. Sec. 537 prohibits the military departments from employing military or civilian personnel with a rank or grade above GS-10 to a position whose sole duties include certain diversity, equity, and inclusion duties. If any personnel in such a position are currently above the GS-10 level, they must be reassigned to another position within 180 days of this bill's passage. Sec. 551 requires a military service to establish a future servicemember preparatory course if more than 10% of that service's active duty non-prior service enlistees in a fiscal year score in the 10th to 30th percentiles on the Armed Forces Qualification Test. (A future servicemember preparatory course focuses on improving the physical fitness and aptitude scores of participants to facilitate meeting enlistment requirements.) Sec. 571 requires DOD to establish and support between 3,400 and 4,000 Junior Reserve Officer Training Corps (JROTC) units except in specified circumstances. (There were 3,499 JROTC units in FY2023.) This section also eliminates the requirement that there be a fair

Official summary by the Congressional Research Service, via Congress.gov.