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 and equitable distribution of JROTC units throughout the nation. For additional information see CRS Insight IN12205, FY2024 NDAA: Junior Reserve Officer Training Corps (JROTC) Matters. TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS This title sets policy regarding various aspects of military compensation, including allowances, bonus and incentive pays, and other compensation matters. Below are some examples of provisions in this title. Sec. 604 authorizes certain members of the reserve components who are ordered to active duty for training to receive two housing allowances, one for their duty location and one for the location of their primary residence, even when the member is authorized transportation of household goods to their duty location. This authority applies to reservists who (1) have no dependents, (2) are ordered to active duty for training purposes for a period of 140 to 364 days, and (3) either own or are responsible for rental payments on their primary residence. Sec. 605 allows DOD to, in cases of demonstrated need, exclude a servicemember's Basic Allowance for Housing from the calculation of gross household income used to determine eligibility for the Basic Needs Allowance. (The Basic Needs Allowance is provided to servicemembers with dependents and typically having a gross household income less than or equal to 150% of the federal poverty guidelines. Currently, amounts received as a Basic Allowance for Housing are typically included when calculating a servicemember's gross household income.) Sec. 607 lowers the minimum threshold for high cost area used to determine locations eligible for Continental United States Cost-of Living Allowance (CONUS COLA) from 8% above the average cost of living in the continental United States to 5%. Sec. 623 extends by one year (through December 31, 2024) a variety of compensation authorities for the uniformed services, including bonuses for enlisted and officer personnel, hazardous duty pay, special duty pay, and skill incentive pay. For additional information see CRS In Focus IF12196, FY2024 NDAA: Basic Needs Allowance and Military Food Insecurity. TITLE VII--HEALTH CARE PROVISIONS This title sets policy regarding military health care, including TRICARE (the medical and dental care program for members and former members of the uniformed services and their dependents). Below are some examples of provisions in this title. Sec. 701 extends from six months to three years the period of eligibility for surviving family members to receive TRICARE Reserve Select health care coverage after the death of an enrolled servicemember. Sec. 704 requires DOD to provide intensive outpatient programs to treat members of the Armed Forces suffering posttraumatic stress disorder, traumatic brain injury, and co-occurring disorders related to military sexual trauma. Sec. 705 allows DOD to waive cost-sharing requirements for the first three outpatient mental health visits per year for active duty family members enrolled in the TRICARE Select and TRICARE Prime health care programs, and certain other dependents in the TRICARE Select program. For additional information see CRS In Focus IF10530, Defense Primer: Military Health System, CRS Insight 12215, FY2024 NDAA: TRICARE for Reservists, and CRS Insight IN12242, FY2024 NDAA: Military Mental Health Care and Research Provisions. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS This title sets policy regarding acquisitions and acquisition management, including contracting authorities and small businesses. Below are some examples of provisions in this title. Sec. 815 requires DOD to update certain policies related to Earned Value Management (EVM), a program management tool used to assess cost, schedule, and technical progress on programs. Specifically, the policies must (1) exempt all software contracts and subcontracts from EVM requirements, (2) increase contract value threshold associated with requiring EVM from $20 million to $50 million on cost or incentive contracts, and (3) increase the contract value threshold for the contractor to use the EVM System from $50 million to $100 million. Sec. 819 requires DOD to amend its acquisition regulations to require entities that provide management, scientific, and technical consulting services to certify that either (1) the entity and its subsidiaries do not have contracts with covered foreign entities or (2) the entity has a conflict of interest mitigation surveillance plan. The covered foreign entities include the governments (including state-owned entities) of China, Russia, or any country that has repeatedly provided support for international terrorism. Sec. 820 prohibits DOD from requiring defense contractors to provide any information about greenhouse gas (e.g., carbon dioxide, methane, or hydrofluorocarbons) emissions. This prohibition shall be (1) permanent with respect to nontraditional defense contractors (generally an entity that has not worked on a DOD contract that is subject to full cost accounting standards coverage), and (2) for the two-year period starting from this bill's enactment date for all other types of contractors. Sec. 844 requires DOD prime contractors to notify the contracting officer if the prime contractor pays a reduced price or is more than 30 days past due on payments to certain small business subcontractors. This section also requires DOD prime contractors to cooperate with the contracting officer to correct or mitigate any unjustified failure to make full or timely payments to such subcontractors. For additional information see CRS Insight IN12225, FY2024 NDAA: Department of Defense Acquisition Policy, and CRS Insight IN12221, FY2024 NDAA: Defense Industrial Base Policy. TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT This title sets policy regarding the Office of the Secretary of Defense and DOD organization and management. Below are some examples of provisions in this title. Sec. 901 establishes an Office of Strategic Capital within the Office of the Secretary of Defense, with duties that include (1) developing and integrating capital strategies of DOD partners, (2) identifying and prioritizing promising critical technologies and assets in need of capital assistance such as certain loans or equity investments, and (3) funding investments in such technologies and assets. Sec. 902 reinstates the position of Chief Management Officer of the Department of Defense, to be appointed by the President from civilian life with the advice and consent of the Senate (this position was eliminated by Sec. 901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021). Responsibilities of the Chief Management Officer include (1) managing the enterprise business operations and shared services of DOD, (2) serving as principal advisor on enterprise business operations, and (3) exercising authority over those defense agencies and field agencies providing shared business services for DOD. Sec. 903 changes the duties of the Director of Cost Assessment and Program Evaluation (CAPE), eliminating a requirement to assess the effect of DOD spending on the U.S. economy and adding a requirement to lead the standardization of analytical methodologies and establish a centralized knowledge repository of data for modeling and simulation. This section also requires DOD to establish an analytical team, reporting only to the Secretary of Defense, which shall critically assess methodologies, assumptions and data used in certain analyses conducted by the CAPE Director. For additional information see CRS Insight IN12254, FY2024 NDAA: Department of Defense Office of Cost Assessment and Program Evaluation (CAPE). TITLE X--GENERAL PROVISIONS This title sets policy in various areas, including counterdrug activity, naval vessels, and servicemember rights to readmission at institutions of higher education. Below are some examples of provisions in this title. Sec. 1013 increases the maximum cost of small-scale construction projects (from $750,000 to $1,500,000) that DOD may fund to support the activities of foreign law enforcement agencies to counter transnational organized crime and drug-related activities. Sec. 1022 requires the Navy to maintain at least 24 amphibious warfare ships operationally available for worldwide deployment. (Amphibious warfare ships include general purpose amphibious assault ships, multi-purpose amphibious assault ships, amphibious transport docks, or dock landing ships.) Sec. 1023 bars funds authorized to be appropriated under this bill to be obligated or expended to retire, prepare for retirement, or place in storage the following naval vessels: USS Germantown (LSD 42), USS Gunston Hall (LSD 44), USS Tortuga (LSD 46) or USS Shiloh (CG 67). Sec. 1082 bars funds authorized to be appropriated under this bill or otherwise made available from being obligated or expended for the destruction of antipersonnel mines (except in the case of unsafe mines) until DOD submits a report to Congress on DOD policy regarding the use of antipersonnel mines and projected inventory levels of such mines over the next 10 years. Sec. 1090K eliminates a requirement that servicemembers must serve on active duty for more than 30 days to be covered under a law that mandates institutions of higher education readmit members of the armed forces who are absent due to active duty service. TITLE XI--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND NATIONAL EMPOWERMENT Connecting Oceania's Nations with Vanguard Exercises and National Empowerment or the CONVENE Act of 2023 This title authorizes the Department of State to engage with Micronesia, the Marshall Islands, and Palau to advise and provide assistance to each country's national security council or similar coordinating body. The assistance is intended to help these counties better coordinate with the U.S. government and armed forces and to increase cohesion on activities such as emergency response and maritime security. TITLE XII--CIVILIAN PERSONNEL MATTERS This title sets policy for various matters related to DOD civilian employees. Below are some examples of provisions in this title. Sec. 1206 expands a direct hiring authority for certain DOD laboratories, increasing the number of direct appointments to scientific and engineering positions from 6% to 11% of the total positions. Sec. 1207 expands a DOD direct hiring authority to apply to DOD positions for which there is a critical hiring need or shortage of candidates in support of (1) aircraft operations; (2) the safety of the public, law enforcement, or first response; or (3) the DOD Office of the Inspector General relating to oversight of the conflict in Ukraine. Sec. 1210 expands the Department of the Air Force's authority to hire civilians as instructors at the Air University to include hiring for the Space Delta 13, (the U.S. Space Force organization for developing and educating its leaders. (The Department of the Air Force includes both the Air Force and the Space Force.) TITLE XIII--MATTERS RELATING TO FOREIGN NATIONS This title sets policy for various matters related to DOD interactions with foreign nations, including security cooperation initiatives. It includes subtitles related to (1) security assistance and training; (2) Syria, Iraq, and Iran; (3) Europe and Russia; and (4) the Indo-Pacific region. Below are some examples of provisions in this title.